National Monuments Act, 1930

Prohibition of injury to national monument.

14.—(1) It shall not be lawful for any person (whether he is or is not the owner of the monument or is or is not seised or possessed of an estate or interests therein) to do any of the following things in relation to a national monument of which the Commissioners or a local authority are the owners or the guardians or in respect of which a preservation order is in force, that is to say:—

(a) to demolish or remove wholly or in part or to disfigure, deface, alter, or in any manner injure or interfere with any such national monument without or otherwise than in accordance with the consent hereinafter mentioned, or

(b) to excavate, dig, plough or othewise disturb the ground within, around, or in proximity to any such national monument without or otherwise than in accordance with the consent hereinafter mentioned, or

(c) to sell for exportation or to export any such national monument or any part thereof.

(2) The consent hereinbefore mentioned is, in the case of a national monument of which the Commissioners are the owners or the guardians or in respect of which a preservation order is in force, the consent in writing of the Commissioners and, in the case of a national monument of which a local authority are the owners or the guardians, the joint consent in writing of the Commissioners and such local authority.

(3) The Commissioners and every local authority are hereby respectively authorised to give such consent as is mentioned in the foregoing sub-section if and whenever they think it expedient in the interests of archaeology or for any other reason so to do and are hereby further authorised to attach to any such consent all such conditions and restrictions as they think fit.

(4) Every person who does any act or thing in contravention of any of the foregoing provisions of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(5) Where a person is convicted of an offence under this section the Court by whom he is so convicted may, at the time of such conviction and in addition to any penalty imposed under this section, order such person, where the Commissioners are the owners or the guardians of the national monument in respect of which the offence was committed or where a preservation order is in force in respect of such monument, to pay to the Commissioners or, where a local authority are the owners or guardians of such monument, to pay to such local authority such sum as the Court shall fix as the reasonable cost of repairing the damage done to such monument by the commission of the offence, and such sum shall be recoverable by the Commissioners or such local authority (as the case may be) as if such sum were a civil debt and such order were a judgment of the Court for the payment of a civil debt, and every such sum when recovered by the Commissioners or such local authority shall be applied by them in repairing the said damage.

(6) Nothing in this section shall operate to authorise the doing of any act in relation to a national monument not owned by the Commissioners or a local authority which, if this section had not been enacted, could not lawfully be done without the consent of the person or all the persons for the time being seised or possessed of such monument or to deprive any such person of any legal remedy which, if this section had not been enacted, he would have had in respect of the doing of such act without his consent.