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Cap. 445 · Cultural Heritage Act (Cap. 445)

Cap. 445 Art. 60Power of entry and inspection.

PART IX

In KraftAmtlicher Text

(1) Any officer of the Superintendence duly authorised in writing by the Superintendent may, with the assistance of the

Executive Police, enter any area, property, site under investigation, premises or building if the Superintendent considers it necessary to do so in the discharge of any function under this Act or if he considers that there are reasonable grounds to believe that an offence against this Act or any other regulation, licence condition or conditions made thereunder has been or is about to be committed.

(2) Where entry is for the purposes of inspection or documentation, the Superintendent shall serve a written notice to the occupier of cultural property of the intended entry, and thereupon the officer authorised as aforesaid shall be given access to such cultural property where conservation, restoration or development is taking place.

(3) The Superintendent shall cause an inspection to be carried out in cases of reported discoveries of cultural property in order to establish whether preservation or excavation works are required.

(4) The Superintendent shall have the right to enter and occupy any cultural property in order to conduct archaeological excavations therein, provided that:

(a) a written notice is served upon the occupier or owner of the cultural property in question at least three days before the commencement of such excavations;

(b) the expected duration of the occupation is stated in the notice:

Provided that any further extension of this period shall be made with at least three days notice; and

(c) the owners or occupier of cultural property occupied in accordance with this article shall be entitled to compensation for any loss of profit, damage sustained during archaeological excavations or the reinstatement of excavated areas.

(5) Discoveries made during the period of occupation by the Superintendent shall be the property of the Government.

(6) For the purpose of exercising any of his rights under this article the Superintendent may request the assistance of the Police.

Änderungsgeschichte
  • Amended by XIX.2019.45