Legalize / United Kingdom / Wales / Act of Senedd Cymru

Historic Environment (Wales) Act 2023

Type Act of Senedd Cymru

Publication 2023-06-14

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — OVERVIEW

Overview

1

(1) This Act forms part of a code of law relating to the historic environment of Wales.

(2) It consolidates enactments contained in or made under—

(a) the Historic Buildings and Ancient Monuments Act 1953 (c. 49);

(b) Parts 1 and 3 of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);

(d) the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9);

(e) Part 5 of the Planning and Compulsory Purchase Act 2004 (c. 5);

(f) the Historic Environment (Wales) Act 2016 (anaw 4).

(3) Part 2 of this Act makes provision about the conservation of monuments of special historic interest, including provision for—

(a) a schedule of monuments of national importance, maintained by the Welsh Ministers,

(b) the control of works affecting scheduled monuments, and

(4) Part 3 makes provision about the conservation of buildings of architectural or historic interest, including provision for—

(a) a list of buildings of special architectural or historic interest, maintained by the Welsh Ministers,

(b) the control of works affecting listed buildings, and

(5) Part 4 makes provision about conservation areas, including provision for—

(a) areas of special architectural or historic interest to be designated as conservation areas by planning authorities,

(b) the control of works for the demolition of buildings in conservation areas, and

(6) Part 5 makes supplementary provision relating to Parts 3 and 4, including—

(a) provision about proceedings before the Welsh Ministers under those Parts, including hearings and inquiries;

(b) provision about the validity and correction of decisions made under those Parts.

(7) Part 6 provides for—

(a) a register of historic parks and gardens;

(b) a list of historic place names;

(8) Part 7 contains general provisions, including amendments and repeals of other enactments.

PART 2 — MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 1 — KEY TERMS

Meaning of “monument” and “site of monument”

2

(1) In this Act “monument” means—

(a) any building, structure or work (whether above or below the surface of the land) and any cave or excavation;

(b) the site of the remains of any building, structure or work or of the remains of any cave or excavation;

(c) the site of any vehicle, vessel, aircraft or other moveable structure, or part of such an object, which neither constitutes nor forms part of any work which is a monument within paragraph (a);

(d) the site of the remains of any object or part of an object mentioned in paragraph (c);

(e) the site of any thing, or group of things, that evidences previous human activity (other than a site falling within paragraph (b), (c) or (d)).

(2) For the purposes of subsection (1) any machinery attached to a monument is to be treated as part of the monument if it could not be detached without being dismantled.

(3) Subsection (1)(a) does not apply to any religious building for the time being used for religious purposes; but this is subject to any exceptions specified in regulations made by the Welsh Ministers.

(4) Subsections (1)(c) and (d) do not apply to—

(a) the site of any object or its remains unless the position of that object or its remains in that particular site is a matter of public interest;

(b) the site of any vessel or its remains which is protected by an order under section 1 of the Protection of Wrecks Act 1973 (c. 33) designating an area around the site as a restricted area.

(5) For the purposes of this Act the site of a monument includes not only the land i‍n, on or under which it is situated but also any land comprising or adjoining that land which appears to the Welsh Ministers or a local authority, in the exercise in relation to that monument of any of their or its functions under this Part, to be essential for the monument’s support and preservation.

(6) References in this Act to a monument include—

(a) the site of the monument in question,

(b) a group of monuments, and

(7) References in this Act to the site of a monument—

(a) are to the monument itself where it consists of a site, and

(b) in any other case include the monument itself.

(8) In this section “remains” includes any trace or sign of the previous existence of the thing in question.

CHAPTER 2 — SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE

Schedule of monuments

Duty to maintain and publish schedule of monuments

3

(1) The Welsh Ministers must maintain a schedule of monuments in Wales which they consider to be of national importance, and must publish the up-to-date schedule.

(2) An entry in the schedule for a monument must include a map maintained by the Welsh Ministers that identifies the area of the monument.

(3) The Welsh Ministers may amend the schedule by—

(a) adding a monument;

(b) removing a monument;

(c) amending the entry for a monument (whether by removing anything previously included as part of the monument or adding anything not previously included, or otherwise).

(4) The Welsh Ministers may not add to the schedule any building or structure occupied as a dwelling by any person other than the caretaker of the building or structure or a member of the caretaker’s family.

(5) An entry in the schedule recording the inclusion of a monument is a local land charge.

(6) In this Part “the schedule” means the schedule maintained under this section.

(7) In this Act “scheduled monument” means a monument included in the schedule.

Notification of owner etc. where the schedule is amended

4

(1) Subsection (2) applies where the Welsh Ministers amend the schedule by—

(a) adding a monument,

(b) removing a monument, or

(2) As soon as possible after amending the schedule the Welsh Ministers must serve notice that they have done so on—

(a) every owner and occupier of the monument, and

(b) every local authority in whose area the monument is situated.

(3) Where the Welsh Ministers have added a monument to the schedule or amended the entry in the schedule for a monument—

(a) the notice must specify the date on which they did so, and

(b) they must include with the notice a copy of the entry or amended entry for the monument in the schedule.

Proposals to add or remove monument to or from the schedule: consultation and interim protection

Consultation before adding or removing monument to or from the schedule

5

(1) Subsection (2) applies where the Welsh Ministers are proposing to amend the schedule by—

(a) adding a monument,

(b) removing a monument, or

(c) amending the entry for a monument to remove anything previously included as part of the monument or add anything not previously included.

(2) The Welsh Ministers must serve a notice on the persons mentioned in subsection (3) which—

(a) sets out the proposed amendment, and

(b) invites those persons to make written representations about the proposal.

(3) The persons are—

(a) every owner and occupier of the monument,

(b) every local authority in whose area the monument is situated, and

(c) any other persons the Welsh Ministers consider appropriate as having special knowledge of, or special interest in, the monument or in monuments of historic or archaeological interest more generally.

(4) A notice under subsection (2) must—

(a) specify the period within which representations may be made, and

(b) in the case of a proposal to add a monument or to add anything as part of a monument—

(i) include a statement of the effect of section 6 (interim protection), and

(ii) specify the date on which interim protection takes effect under that section.

(5) The period specified under subsection (4)(a) must be at least 28 days beginning with the day the notice is served.

Interim protection pending decision on certain amendments relating to the schedule

6

(1) This section applies where the Welsh Ministers serve notice under section 5(2) of a proposal to amend the schedule by—

(a) adding a monument, or

(b) amending the entry for a monument by adding anything as part of the monument.

(2) From the beginning of the day specified under section 5(4)(b)(ii) this Act has effect—

(a) in the case of a proposal to add a monument to the schedule, as if the monument were a scheduled monument;

(b) in the case of a proposal to amend the entry for a monument, as if the amendment were made.

(3) The protection conferred by virtue of subsection (2) is referred to in this Part as “interim protection”.

(4) The Welsh Ministers must—

(a) publish a list of the monuments subject to interim protection, and

(b) provide a copy of the notice served under section 5(2) in respect of such a monument to any person who requests one.

When interim protection ends

7

(1) Interim protection conferred by section 6(2)(a) (proposed addition of monument to the schedule) ends in relation to a monument—

(a) where the Welsh Ministers add the monument to the schedule, at the beginning of the day specified in the notice under section 4(2), or

(b) where the Welsh Ministers decide not to add the monument to the schedule, at the beginning of the day specified in a notice served by them on the persons mentioned in subsection (3).

(2) Interim protection conferred by section 6(2)(b) (proposed amendment of entry in the schedule relating to a monument) ends in relation to a monument—

(a) where the Welsh Ministers amend the entry in the schedule, at the beginning of the day specified in the notice under section 4(2), or

(b) where the Welsh Ministers decide not to amend the entry in the schedule, at the beginning of the day specified in a notice served by them on the persons mentioned in subsection (3).

(3) The persons referred to in subsections (1)(b) and (2)(b) are—

(a) every owner and occupier of the monument, and

(b) every local authority in whose area the monument is situated.

(4) Schedule 1 makes provision about the effect of interim protection coming to an end under subsections (1)(b) and (2)(b).

Compensation for loss or damage caused by interim protection

8

(1) This section applies where interim protection ends in relation to a monument because of a notice under section 7(1)(b) or (2)(b).

(2) Any person who had an interest in the monument when the interim protection took effect is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any loss or damage suffered by the person that is directly attributable to the interim protection.

(3) The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by the need to stop or cancel works to the monument because of the interim protection.

(4) A claim for compensation under this section must be made in writing within 6 months beginning when the interim protection ends.

Review of decisions to amend schedule to add monuments etc.

Review of decision to add monument to the schedule etc.

9

(1) Where the Welsh Ministers—

(a) add a monument to the schedule, or

(b) amend the entry in the schedule for a monument to add anything as part of the monument,

the notice under section 4(2) must state that any owner or occupier of the monument may make an application to the Welsh Ministers requesting a review of the decision.

(2) An application may be made only on the ground that the monument or part (as the case may be) is not of national importance.

(3) Where an owner or occupier makes an application for a review, the Welsh Ministers must appoint a person to—

(a) carry out the review, and

(b) make a decision on the review.

(4) The Welsh Ministers may by regulations specify descriptions of cases in which they, instead of a person appointed by them, must carry out and make a decision on a review.

(5) The Welsh Ministers must make any amendment to the schedule they consider appropriate to give effect to the decision on a review.

(6) The Welsh Ministers may by regulations amend subsection (2) to—

(a) add a ground of review;

(b) modify a ground of review;

Supplementary provision about reviews

10

(1) The Welsh Ministers must by regulations make provision about—

(a) the form and way in which an application under section 9 must be made;

(b) the information that must be provided to, or may be required by, the Welsh Ministers in connection with an application;

(2) A review under section 9 must be carried out in one or more of the following ways (as determined by the person carrying out the review)—

(a) by means of a local inquiry;

(b) by means of a hearing;

(3) The Welsh Ministers may by regulations make further provision in connection with reviews under section 9.

(4) Regulations under subsection (1) or (3) may authorise the Welsh Ministers or persons appointed under section 9(3)—

(a) to determine matters of a description specified in the regulations, and

(b) to give directions in relation to those matters.

(5) Schedules 2 and 6 make further provision about reviews under section 9.

CHAPTER 3 — CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS

Authorisation of works

Requirement for works to be authorised

11

(1) A person must not carry out works to which this section applies, or cause or permit such works to be carried out, unless the works are authorised under this Chapter.

(2) This section applies to—

(a) works resulting in the demolition or destruction of, or any damage to, a scheduled monument;

(b) works for the purpose of removing or repairing a scheduled monument or any part of it, or of making any alterations or additions to the monument or any part of it;

(3) This section is subject to section 20(1)(c)(i) of the Infrastructure (Wales) Act 2024 (class authorisations and authorisation by scheduled monument consent not required for development to the extent that infrastructure consent required).

Authorisation of classes of works

12

(1) Works to which section 11 applies are authorised if the works are within a class of works described in the table in Schedule 3.

(2) An authorisation under subsection (1) is subject to any exceptions or conditions specified in the table in relation to works of a particular class.

(3) The Welsh Ministers may direct that subsection (1) does not apply to any scheduled monument specified in the direction.

(4) A direction under subsection (3) does not take effect until notice of it has been served on every owner and occupier of the monument in question.

(5) Subsection (1) does not authorise works contrary to any exception or condition attached to a scheduled monument consent.

(6) An authorisation under subsection (1) has effect for the benefit of the monument and of all persons for the time being interested in the monument; but this is subject to any provision to the contrary in Schedule 3.

Authorisation of works by scheduled monument consent

13

(1) Works to which section 11 applies are authorised if—

(a) written consent to carry them out has been granted by the Welsh Ministers, and

(b) the works are carried out in accordance with the terms of the consent (including any conditions attached to it).

(2) Where—

(a) works to which section 11 applies have been carried out without being authorised under this Chapter, and

(b) the Welsh Ministers grant written consent for the works,

the works are authorised from the grant of the consent.

(3) Consent under subsection (1) or (2) is referred to in this Part as scheduled monument consent.

Applications for scheduled monument consent

Applying for scheduled monument consent

14

(1) An application for scheduled monument consent must be made to the Welsh Ministers.

(2) An application must—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.