Explanatory note

Section 35 of the Ancient Monuments and Archaeological Areas Act 1979 requires written notice to be given to a local authority (or in certain cases to the Secretary of State) at least six weeks before operations which disturb the ground or flooding or tipping operations are carried out on land in an area of archaeological importance.

Exemption from this requirement can be given by an order made by the Secretary of State under section 37 of the Act.

This order exempts certain operations in areas of archaeological importance in England and Wales. Exempted operations include agricultural and forestry operations and landscaping and gardening where the operation does not disturb the land below a depth of 600 millimetres; mining operations carried out in accordance with the code of practice for minerals operators dated April 1982; repair and other works by drainage bodies or navigation authorities; certain operations for the repair, maintenance or relaying of highways, footpaths or railways and certain operations relating to public utilities. There is also an exemption for operations more than 10 metres below ground level; operations for which there is scheduled monument consent under the 1979 Act; and other operations started within five years of the service of notice of other operations on the same site.

At the date of making this order 5 areas have been designated under section 35 of the 1979 Act as areas of archaeological importance. They comprise the historic centres of Canterbury, Chester, Exeter, Hereford and York.

The code of practice for mineral operators dated April 1982 is obtainable from the Confederation of British Industry, Centre Point, 103 New Oxford Street, London WC1A 1DU at a price of 25p per copy.