Historic Environment (Wales) Act 2023

Overview

Meaning of “monument” and “site of monument”

Duty to maintain and publish schedule of monuments

Notification of owner etc. where the schedule is amended

Consultation before adding or removing monument to or from the schedule

Interim protection pending decision on certain amendments relating to the schedule

When interim protection ends

Compensation for loss or damage caused by interim protection

Review of decision to add monument to the schedule etc.

Supplementary provision about reviews

Authorisation of classes of works

Authorisation of classes of works

Authorisation of works by scheduled monument consent

Applying for scheduled monument consent

Declarations of ownership in respect of monument

Power to refuse to consider similar applications

Procedure for determining applications and effect of grant of consent

Power to grant consent subject to conditions

Condition about period within which works must start

Modification and revocation of consent

Compensation for refusal of scheduled monument consent or grant of consent subject to conditions

Recovery of compensation paid under section 21 on subsequent grant of consent

Determination of amount recoverable under section 22

Scheduled monument partnership agreements

Further provision about scheduled monument partnership agreements

Termination of agreement or provision of agreement

Compensation in relation to termination

Interpretation

Offence of carrying out unauthorised works or breaching condition of consent

Power of Welsh Ministers to issue temporary stop notice

Duration etc. of temporary stop notice

Offence of breaching temporary stop notice

Compensation for loss or damage caused by temporary stop notice

Power of Welsh Ministers to issue enforcement notice

Service and taking effect of enforcement notice

Variation and withdrawal of enforcement notice

Effect of granting scheduled monument consent on enforcement notice

Appeal against enforcement notice

Offence of failing to comply with enforcement notice

Offence of failing to comply with enforcement notice

Injunction to restrain unauthorised works or failure to comply with condition of consent

Compulsory acquisition of monuments of special historic interest

Acquisition by agreement or gift of monuments of special historic interest

Power to place monument of special historic interest under guardianship

Supplementary provision about guardianship deeds

General functions of guardians

Termination of guardianship

Acquisition and guardianship of land in the vicinity of a monument

Acquisition of easements and other similar rights over land in the vicinity of a monument

Agreements concerning management of monuments of special historic interest and land in their vicinity

Powers of limited owners for purposes of sections 45, 50 and 51

Transfer of monuments of special historic interest between local authorities and the Welsh Ministers

Disposal of land acquired under this Chapter

Public access to monuments under public control

Power to make regulations and byelaws in connection with public access to monuments under public control

Provision of facilities for the public in connection with monuments of special historic interest

Offence of damaging certain monuments of special historic interest

Works for preservation of scheduled monument in cases of urgency

Restrictions on use of metal detectors

Works for preservation of scheduled monument in cases of urgency

Expenditure on acquisition and preservation of monuments of special historic interest etc.

Advice and supervision of work by Welsh Ministers

Expenditure by local authorities on archaeological investigation

Powers of entry for inspection of scheduled monuments etc.

Powers of entry relating to enforcement of controls on works

Power of entry for survey and valuation in connection with claim for compensation

Supplementary provision about powers of entry under this Part

Compensation for damage caused by exercise of certain powers under this Part

Validity of certain decisions and orders under this Part

Application to High Court for statutory review of decision or order

Crown land

Interpretation of this Part

Duty to maintain and publish list of buildings

Notification of listing or de-listing of building

Consultation before listing or de-listing building

Interim protection pending decision whether to list building

Compensation for loss or damage caused by interim protection

Review of decision to list building

Supplementary provision about reviews

Service of temporary listing notice

Temporary listing in urgent cases

End of temporary listing

Compensation for loss or damage caused by temporary listing

Certificate that Welsh Ministers do not intend to list building

Requirement for works to be authorised

Authorisation of works by listed building consent

Applying for listed building consent

Notice of application to owners of building

Procedure for dealing with application

Power to refuse to consider similar applications

Reference of application to Welsh Ministers

Notification to Welsh Ministers before granting consent

Grant or refusal of consent

Power to grant consent subject to conditions

Condition about period within which works must start

Application for variation or removal of conditions

Right to appeal against planning authority decision or failure to make decision

Procedure for making appeal

Restriction on varying application after service of notice of appeal

Power to amend Schedule

Determination of appeal

Applications by planning authorities and the Crown

Applications relating to urgent works on Crown land

Modification and revocation of consent

Compensation where consent is modified or revoked

Notification once order made

Purchase notice in respect of Crown land

Further provision about service of purchase notice

Action following service of purchase notice

Listed building partnership agreements

Further provision about listed building partnership agreements

Termination of agreement or provision of agreement

Compensation where agreement or provision is terminated

Offence of carrying out unauthorised works or breaching condition of consent

Offence of intentionally damaging listed building

Power of planning authority to issue temporary stop notice

Injunctions

Offence of breaching temporary stop notice

Compensation for loss or damage caused by temporary stop notice

Power of planning authority to issue enforcement notice

Service and taking effect of enforcement notice

Variation and withdrawal of enforcement notice

Effect of granting listed building consent on enforcement notice

Right to appeal against enforcement notice

Determination of appeal

Grounds for appeal not to be raised in other proceedings

Order to permit steps required by enforcement notice

Power to enter land and take steps required by enforcement notice

Recovery of costs of compliance with enforcement notice

Offence of failing to comply with enforcement notice

Power of Welsh Ministers to issue enforcement notice

Injunction to restrain unauthorised works or failure to comply with condition of consent

Power of planning authority to acquire building by agreement

Powers to acquire listed building compulsorily for purpose of preservation

Requirement to serve repairs notice before starting compulsory acquisition

Application to stop compulsory acquisition

Direction for minimum compensation where building deliberately allowed to fall into disrepair

Application for removal of direction for minimum compensation

Ending of rights over land acquired compulsorily

Management, use and disposal of building acquired under this Chapter

Urgent works to preserve listed building

Power to require owner to meet costs of preservation works

Further provision about recovery of costs of preservation works

Steps for preservation of listed buildings in disrepair

Grant or loan by local authority for repair or maintenance of building

Recovery of grant made by local authority

Grant by Welsh Ministers for repair or maintenance of building, garden etc.

Acceptance by Welsh Ministers of endowment for upkeep of building

Powers to enter land

Exercise of power to enter land without warrant

Warrant to enter land

Supplementary provision about powers of entry

Exempt religious buildings

Interpretation of this Part

Designating areas of special architectural or historic interest as conservation areas

Exercise of planning functions: general duty relating to conservation areas

Requirement for demolition to be authorised

Authorisation of demolition by conservation area consent

Application of Part 3 to conservation areas

Urgent works to preserve buildings in conservation areas

Grant by Welsh Ministers for preservation or enhancement of conservation areas

Conservation area agreements

Fees and charges for exercising functions

Arrangements for exercising functions in relation to applications

Arrangements for obtaining specialist advice

Form of documents

Contributions towards expenditure by local authorities

Procedural requirements

Power of Welsh Ministers to hold local inquiry

Power of person holding inquiry to require evidence

Access to evidence at inquiry

Payment of appointed representative where access to evidence restricted

Payment of costs of Welsh Ministers

Orders relating to costs of parties

Validity of certain decisions and orders relating to buildings

Application to High Court for statutory review of decision or order

Appeal to High Court against decision relating to enforcement notice

Meaning of “decision document” and “correctable error”

Power to correct correctable errors in decision documents

Effect and validity of correction notice

Representation of Crown and Duchy interests in land

Service of documents on the Crown

Enforcement steps in relation to Crown land

Meaning of “local authority” in this Part

Duty to maintain and publish list of historic place names

Duty to maintain historic environment records

Access to historic environment records

Guidance to certain public bodies about historic environment records

Power to require information by notice

Offences in connection with section 197

Information about interests in Crown land

Offences by bodies corporate

Civil sanctions

Making claims for compensation

Determination of compensation claims by Upper Tribunal

Compensation for depreciation of value of land

Service of notices and other documents: general

Additional provision about service on persons interested in or occupying land

Definitions relating to the Crown

Church of England land

Regulations under this Act

Interpretation

Consequential and transitional provision etc.

Coming into force

Short title

Application of this Schedule

Criminal liability

Scheduled monument consent

Temporary stop notices

Enforcement notices

Injunctions

Application of this Schedule and meaning of “appointed person”

Appointment of another person to make a decision on a review

Appointment of assessor to assist appointed person

Directions

Delegation

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

Power to amend Schedule

Requirement to serve a notice of proposed modification or revocation

Effect of notice under paragraph 1 on authorisation to carry out works

Making an order under section 20

Notification once order made

Procedure after hearing or inquiry

Requirement to serve notice of proposed termination

Effect on authorised works of service of notice of proposed termination

Making an order under section 27

Notification once order made

Procedure after hearing or inquiry

Evidence at local inquiries

Offence relating to failure to comply with summons under paragraph 1

Costs of certain proceedings under this Part

Costs of reviews held under section 9 by appointed person

Introduction

Criminal liability

Listed building consent

Temporary stop notices

Enforcement notices

Injunctions

Circumstances in which orders take effect

Procedure for confirmation of orders by Welsh Ministers

Procedure for orders to take effect without confirmation

Procedure to be followed before making order

Response to purchase notice by planning authority

Action to be taken by Welsh Ministers on rejection of purchase notice by planning authority

Procedure before Welsh Ministers take action in relation to purchase notice

Effect of Welsh Ministers’ action in relation to purchase notice

Legal challenge to Welsh Ministers’ action in relation to purchase notice

Deduction of compensation payable under section 108 on acquisition

Interpretation of Schedule

Requirement for confirmation by Welsh Ministers

Procedure to be followed before making order

Criminal liability

Conservation area consent

Temporary stop notices

Enforcement notices

Injunctions

Introduction

Powers and duties of appointed person

Local inquiry, hearing or written representations

Replacement of appointed person

Direction under section 173(3)(b) that appeal is to be determined by Welsh Ministers

Revocation of direction under section 173(3)(b)

Supplementary provisions

Statutory and other references to this Act

Documents referring to repealed enactments

Relationship with Legislation (Wales) Act 2019

Interpretation

Guardianship orders made under 1953 Act

Control and management of monument where guardianship pre-dates 1979 Act

Public access to monument where guardianship pre-dates 1913 Act

Interpretation

Offence of breaching temporary stop notice in relation to scheduled monument

Service and taking effect of enforcement notice in relation to scheduled monument

Purchase notice served on council in relation to building in National Park

Offence of breaching temporary stop notice in relation to scheduled monument

Duty to maintain and publish register of historic parks and gardens

Duty to maintain and publish list of historic place names

Duty to maintain historic environment records

Access to historic environment records

Guidance to certain public bodies about historic environment records

Power to require information by notice

Offences in connection with section 197

Information about interests in Crown land

Offences by bodies corporate

Civil sanctions

Making claims for compensation

Determination of compensation claims by Upper Tribunal

Compensation for depreciation of value of land

Service of notices and other documents: general

Additional provision about service on persons interested in or occupying land

Definitions relating to the Crown

Church of England land

Regulations under this Act

Interpretation

Consequential and transitional provision etc.

Coming into force

Short title

Application of this Schedule

Criminal liability

Scheduled monument consent

Temporary stop notices

Enforcement notices

Injunctions

Application of this Schedule and meaning of “appointed person”

Appointment of another person to make a decision on a review

Appointment of assessor to assist appointed person

Directions

Delegation

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

Effect of notice under paragraph 1 on authorisation to carry out works

Making an order under section 20

Notification once order made

Procedure after hearing or inquiry

Requirement to serve notice of proposed termination

Effect on authorised works of service of notice of proposed termination

Making an order under section 27

Notification once order made

Procedure after hearing or inquiry

Evidence at local inquiries

Offence relating to failure to comply with summons under paragraph 1

Costs of certain proceedings under this Part

Costs of reviews held under section 9 by appointed person

Introduction

Criminal liability

Listed building consent

Temporary stop notices

Injunctions

Circumstances in which orders take effect

Procedure for confirmation of orders by Welsh Ministers

Procedure for orders to take effect without confirmation

Procedure to be followed before making order

Response to purchase notice by planning authority

Action to be taken by Welsh Ministers on rejection of purchase notice by planning authority

Procedure before Welsh Ministers take action in relation to purchase notice

Effect of Welsh Ministers’ action in relation to purchase notice

Legal challenge to Welsh Ministers’ action in relation to purchase notice

Procedure to be followed before making order

Interpretation of Schedule

Requirement for confirmation by Welsh Ministers

Procedure to be followed before making order

Introduction

Criminal liability

Conservation area consent

Temporary stop notices

Enforcement notices

Injunctions

Introduction

Powers and duties of appointed person

Local inquiry, hearing or written representations

Replacement of appointed person

Direction under section 173(3)(b) that appeal is to be determined by Welsh Ministers

Interpretation

Supplementary provisions

Statutory and other references to this Act

Documents referring to repealed enactments

Relationship with Legislation (Wales) Act 2019

Interpretation

Guardianship orders made under 1953 Act

Control and management of monument where guardianship pre-dates 1979 Act

Public access to monument where guardianship pre-dates 1913 Act

Interpretation

Offence of breaching temporary stop notice in relation to scheduled monument

Authorisation of works by scheduled monument consent

Applying for scheduled monument consent

Declarations of ownership in respect of monument

Power to refuse to consider similar applications

Procedure for determining applications and effect of grant of consent

Power to grant consent subject to conditions

Condition about period within which works must start

Modification and revocation of consent

Compensation for refusal of scheduled monument consent or grant of consent subject to conditions

Recovery of compensation paid under section 21 on subsequent grant of consent

Determination of amount recoverable under section 22

Compensation where works affecting a scheduled monument cease to be authorised

Scheduled monument partnership agreements

Further provision about scheduled monument partnership agreements

Termination of agreement or provision of agreement

Compensation in relation to termination

Interpretation

Offence of carrying out unauthorised works or breaching condition of consent

Power of Welsh Ministers to issue temporary stop notice

Duration etc. of temporary stop notice

Offence of breaching temporary stop notice

Compensation for loss or damage caused by temporary stop notice

Power of Welsh Ministers to issue enforcement notice

Service and taking effect of enforcement notice

Variation and withdrawal of enforcement notice

Effect of granting scheduled monument consent on enforcement notice

Appeal against enforcement notice

Powers to enter land and take steps required by enforcement notice

Injunction to restrain unauthorised works or failure to comply with condition of consent

Compulsory acquisition of monuments of special historic interest

Acquisition by agreement or gift of monuments of special historic interest

Power to place monument of special historic interest under guardianship

Supplementary provision about guardianship deeds

General functions of guardians

Termination of guardianship

Acquisition and guardianship of land in the vicinity of a monument

Acquisition of easements and other similar rights over land in the vicinity of a monument

Agreements concerning management of monuments of special historic interest and land in their vicinity

Powers of limited owners for purposes of sections 45, 50 and 51

Transfer of monuments of special historic interest between local authorities and the Welsh Ministers

Disposal of land acquired under this Chapter

Public access to monuments under public control

Power to make regulations and byelaws in connection with public access to monuments under public control

Provision of facilities for the public in connection with monuments of special historic interest

Offence of damaging certain monuments of special historic interest

Restrictions on use of metal detectors

Expenditure on acquisition and preservation of monuments of special historic interest etc.

Advice and supervision of work by Welsh Ministers

Expenditure by local authorities on archaeological investigation

Powers of entry for inspection of scheduled monuments etc.

Powers of entry relating to enforcement of controls on works

Power of entry on land believed to contain monument of special historic interest

Power of entry for survey and valuation in connection with claim for compensation

Supplementary provision about powers of entry under this Part

Compensation for damage caused by exercise of certain powers under this Part

Treatment and preservation of finds

Validity of certain decisions and orders under this Part

Application to High Court for statutory review of decision or order

Crown land

Interpretation of this Part

Duty to maintain and publish list of buildings

Duty to maintain and publish register of historic parks and gardens

Duty to maintain and publish list of historic place names

Access to historic environment records

Guidance to certain public bodies about historic environment records

Power to require information by notice

Offences in connection with section 197

Information about interests in Crown land

Offences by bodies corporate

Civil sanctions

Making claims for compensation

Determination of compensation claims by Upper Tribunal

Compensation for depreciation of value of land

Service of notices and other documents: general

Additional provision about service on persons interested in or occupying land

Definitions relating to the Crown

Church of England land

Regulations under this Act

Interpretation

Consequential and transitional provision etc.

Coming into force

Short title

Application of this Schedule

Criminal liability

Scheduled monument consent

Temporary stop notices

Enforcement notices

Injunctions

Application of this Schedule and meaning of “appointed person”

Appointment of another person to make a decision on a review

Appointment of assessor to assist appointed person

Directions

Delegation

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

Power to amend Schedule

Requirement to serve a notice of proposed modification or revocation

Effect of notice under paragraph 1 on authorisation to carry out works

Making an order under section 20

Notification once order made

Procedure after hearing or inquiry

Requirement to serve notice of proposed termination

Effect on authorised works of service of notice of proposed termination

Making an order under section 27

Procedure after hearing or inquiry

Evidence at local inquiries

Offence relating to failure to comply with summons under paragraph 1

Costs of certain proceedings under this Part

Costs of reviews held under section 9 by appointed person

Introduction

Criminal liability

Listed building consent

Temporary stop notices

Enforcement notices

Injunctions

Circumstances in which orders take effect

Procedure for confirmation of orders by Welsh Ministers

Procedure for orders to take effect without confirmation

Procedure to be followed before making order

Response to purchase notice by planning authority

Action to be taken by Welsh Ministers on rejection of purchase notice by planning authority

Procedure before Welsh Ministers take action in relation to purchase notice

Effect of Welsh Ministers’ action in relation to purchase notice

Legal challenge to Welsh Ministers’ action in relation to purchase notice

Deduction of compensation payable under section 108 on acquisition

Interpretation of Schedule

Requirement for confirmation by Welsh Ministers

Introduction

Criminal liability

Conservation area consent

Temporary stop notices

Enforcement notices

Introduction

Powers and duties of appointed person

Local inquiry, hearing or written representations

Replacement of appointed person

Direction under section 173(3)(b) that appeal is to be determined by Welsh Ministers

Revocation of direction under section 173(3)(b)

Supplementary provisions

Statutory and other references to this Act

Documents referring to repealed enactments

Relationship with Legislation (Wales) Act 2019

Guardianship orders made under 1953 Act

Control and management of monument where guardianship pre-dates 1979 Act

Public access to monument where guardianship pre-dates 1913 Act

Interpretation

Offence of breaching temporary stop notice in relation to scheduled monument