Declarations affecting private land.
Control of
monumenta
generally.
4. (1) If a proposed monument is within private land, then, prior to the making of the declaration, the provisions of this section shall have effect.
(2) The Authority shall serve on the owner and any lawful occupier of the private land a notice in writing of his proposal to declare a monument therein, together with a plan clearly showing the situation of the proposed monument.
(3) Within one month, or such longer period as may be allowed by the Governor in any particular case, after the service of a notice under subsection (2), the owner or a lawful occupier may object by petition to the Governor to the proposed monument.
(4) The Governor, upon considering an objection made under subsection (3), may direct that-
(a) the proposed declaration shall not be made; or
(b) the objection be referred to the Governor in Council. (5) The Governor in Council, upon considering an objection referred to him under subsection (4), may direct that-
(a) the proposed declaration be made by the Authority in
accordance with section 3;
(b) the proposed declaration be so made, subject to such
variations or conditions as he thinks fit; or
(c) the proposed declatation shall not be made.
(6) A direction of the Governor under subsection (4)α) or of the Governor in Council under subsection (5) shall be final.
5. (1) Subject to this section, the Authority, and any designated person authorized by him in writing, may, for the purposes of this Ordinance, at all reasonable times-
(4) enter and inspect any monument;
(b) with the prior approval of the Governor-
(i) fence, repair, maintain, preserve or restore any monument;
(ii) excavate or search for relics in any monument and remove any relics hitherto undiscovered.
(2) Neither the Authority nor a designated person authorized by him may enter any residential premises, in the exercise of the powers conferred by subsection (1), unless-
(a) he first obtains the consent in writing of the lawful
occupier of such premises; or
(b) he has given to the lawful occupier thereof not less than forty-eight hours' notice in writing of his intention to
enter.
(3) Nothing in this section shall authorize- (a) the exclusion from any part of a monument of
(i) the owner or lawful occupier of the monument: (ii) a person beneficially interested in the monument;
or
(ii) a person authorized by such owner, occupier or person beneficially interested in the monument; or
(b) the excavation of a monument or the search for relics in residential premises, without the consent of the owner and the lawful occupier of the residential premises.
6. (1) Subject to subsection (4), no person sha]H (a) excavate, carry on building or other works, plant or fell trees or deposit earth or refuse on or in a monument; or (b) demolish, remove, obstruct, deface or interfere with a
monument.
except in accordance with a permit granted by the Authority.
(2) A person aggrieved by the refusal of the Authority to grant him a permit may, within fourteen days after the date of such refusal, appeal by way of petition to the Governor who may confirm, vary or reverse the refusal.
(3) The decision of the Governor on the appeal shall be final. (4) The Authority may, after consultation with the Board and with the approval of the Governor, by notice in the Gazette, declare any monument to be exempt from this section.
7. The Authority may, with the prior approval of the Governor, grant to a person who proposes to carry out work for the maintenance, preservation or restoration of a monument such sum as the Authority thinks fit for the purpose of assisting the person to carry out the work.
8. (1) Subject to this section, the Authority may, with the prior approval of the Governor, pay to the owner or lawful occupier of a monument compensation in respect of financial loss suffered or likely to be suffered by him by reason of-
(a) the exercise by the Authority, or by a designated person authorized by him, of the powers specified in section 5(1) or
(b) a refusal to grant a permit or any conditions imposed
in a permit
(2) The compensation shall be such amount as may be-
(a) agreed between the Authority and the owner or lawful
occupier of the monument; or
Acts prohibited in relation to certain monu- ments excepL poder peraut.
Grant of sumas for preserva- Gion, etc., of monuments,
Compensation.