Historic Environment (Wales) Act 2023

• (2) The following provisions are to be read as if references to a planning authority were references to the council—

• (a) section 183(7)(c);

• (b) section 186(3) and (7);

• (c) Schedule 9.

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

Requirement for works to be authorised

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

Compensation where works affecting a scheduled monument cease to be authorised

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

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

Compensation orders for damage to monuments under guardianship

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.

Treatment and preservation of finds

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

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

Requirement to serve a notice of proposed modification or revocation

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

Decision on application after service of notice of appeal

Determination of appeal

Applications by planning authorities and the Crown

Applications relating to urgent works on Crown land

Modification and revocation of consent

Enforcement notices

Purchase notice where consent is refused, granted subject to conditions, modified or revoked

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

Duration etc. of temporary stop notice

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

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

Duty to formulate and publish proposals for preservation and enhancement of conservation areas

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

Duty to formulate and publish proposals for preservation and enhancement of conservation areas

Exercise of planning functions: general duty relating to conservation areas

Requirement for demolition to be authorised

Determination of appeal by appointed person

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

Fees for appeals

Determination of appeal by appointed person

Choice of inquiry, hearing or written procedure

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

Duty to maintain and publish register of historic parks and gardens

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

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

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

Introduction

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

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

Procedure to be followed before making order

Introduction

Criminal liability

Conservation area consent

Temporary stop notices

Enforcement notices

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

Settled Land Act 1925 (c. 18)

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

Land Powers (Defence) Act 1958 (c. 30)

Public Health Act 1961 (c. 64)

The Harbours Act 1964 (c. 40)

9A

In Schedule 3 to the Harbours Act 1964, in paragraph 1, in the definition of “sensitive area”, in paragraph (h), at the end insert “or section 3 of the Historic Environment (Wales) Act 2023”.

Compulsory Purchase Act 1965 (c. 56)

Mines (Working Facilities and Support) Act 1966 (c. 4)

Civic Amenities Act 1967 (c. 69)

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

Local Government Act 1972 (c. 70)

Land Compensation Act 1973 (c. 26)

Estate Agents Act 1979 (c. 38)

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

Local Government, Planning and Land Act 1980 (c. 65)

Highways Act 1980 (c. 66)

New Towns Act 1981 (c. 64)

Acquisition of Land Act 1981 (c. 67)

National Heritage Act 1983 (c. 47)

Inheritance Tax Act 1984 (c. 51)

Building Act 1984 (c. 55)

Housing Act 1985 (c. 68)

Protection of Military Remains Act 1986 (c. 35)

Town and Country Planning Act 1990 (c. 8)

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

106A

In section 17(4), omit “in relation to England”.

116A

In section 30—

• (a) in subsection (1)—

• (i) omit paragraph (c);

• (ii) in the words after the paragraphs, for “those sections” substitute “section 28”;

• (b) in subsection (2), omit “or 29”.

122A

In section 44AA(1) and in the heading before it, omit “in England” in both places it occurs.

122B

In the heading to section 44AB, omit “in England”.

122C

In the heading to section 44AC, omit “in England”.

147A

Omit section 86(3).

154A

In section 92(2)(b), for “29” substitute “28A”.

Planning and Compensation Act 1991 (c. 34)

161A

In Schedule 6, omit paragraph 43.

161B

In Schedule 18—

• (a) omit the entry relating to section 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

• (b) after the entry relating to section 29(5) of the Land Drainage Act 1991 insert—

Section 8 of the Historic Environment (Wales) Act 2023	Date interim protection takes effect
Section 21 of that Act	Date scheduled monument consent is refused or granted subject to conditions
Section 24 of that Act	Date works ceased to be authorised
Section 28 of that Act	Date notice of proposed termination is served
Section 34 of that Act	Date temporary stop notice takes effect
Section 70 of that Act	Date damage is caused
Section 80 of that Act	Date interim protection takes effect
Section 86 of that Act	Date temporary listing notice is served
Section 108 of that Act	Date modification or revocation of consent takes effect
Section 116 of that Act	Date termination of agreement or provision takes effect
Section 122 of that Act	Date temporary stop notice takes effect
Section 155(4) of that Act	Date damage is caused

Coal Mining Subsidence Act 1991 (c. 45)

Land Drainage Act 1991 (c. 59)

Protection of Badgers Act 1992 (c. 51)

Tribunals and Inquiries Act 1992 (c. 53)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

Local Government (Wales) Act 1994 (c. 19)

Value Added Tax Act 1994 (c. 23)

Criminal Justice and Public Order Act 1994 (c. 33)

Environment Act 1995 (c. 25)

Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

Countryside and Rights of Way Act 2000 (c. 37)

Planning and Compulsory Purchase Act 2004 (c. 5)

Government of Wales Act 2006 (c. 32)

National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353)

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

Planning Act 2008 (c. 29)

Enterprise and Regulatory Reform Act 2013 (c. 24)

Planning (Wales) Act 2015 (anaw 4)

Historic Environment (Wales) Act 2016 (anaw 4)

Housing and Planning Act 2016 (c. 22)

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

Sentencing Act 2020 (c. 17)

The Levelling-Up and Regeneration Act 2023 (c. 55)

197

The Levelling-Up and Regeneration Act 2023 is amended as follows.

198

In section 102—

• (a) in subsection (3), for the words from “after subsection (2)” to the end substitute “in subsection (2), after “preserving” insert “or enhancing””;

• (b) in subsection (4)—

• (i) before paragraph (a) insert—

(za) in subsection (1), after “preserving” insert “or enhancing”;

;

• (ii) for paragraph (b) substitute—

(b) in subsection (2), after “preserving” insert “or enhancing”.

199

In section 103—

• (a) omit subsections (3) to (6);

• (b) omit subsection (10)(b) and (c);

• (c) omit subsection (12)(a) and (c).

200

Omit section 105(3) and (4).

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

12

The continuing operation of the saving made by section 105(4) of the Levelling-up and Regeneration Act 2023 is not affected by the repeal of that provision by paragraph 200 of Schedule 13 to this Act, by the repeal of section 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 by paragraph 116 of that Schedule, or by any other provision of that Schedule.

Editorial notes