The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024

Made: 9 September 2024

Laid before Senedd Cymru: 11 September 2024

Coming into force: 4 November 2024

The Welsh Ministers, in exercise of the powers conferred on them by section 211(3) and (4) of the Historic Environment (Wales) Act 2023[^f00001], make the following Regulations.

Title and coming into force

1

• (1) The title of these Regulations is the Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024.

• (2) These Regulations come into force on 4 November 2024.

Consequential provision

The Forestry (Felling of Trees) Regulations 1979

2

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The Ancient Monuments (Applications for Scheduled Monument Consent) Regulations 1981

3

In regulation 1(2) of the Ancient Monuments (Applications for Scheduled Monument Consent) Regulations 1981[^f00003], omit “and Wales”.

The Ancient Monuments (Class Consents) Order 1981

4

In article 1(2) of the Ancient Monuments (Class Consents) Order 1981[^f00004], omit “and Wales”.

The Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 1984

5

The Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 1984[^f00005] are amended as follows—

• (a) in regulation 1(2), omit “and Wales”;

• (b) in regulation 4(a)(ii), omit “, or on the Secretary of State” to “in Wales”.

The Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984

6

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The Town and Country Planning (Cardiff Bay Urban Development Area) Special Development Order 1989

7

In article 2 of the Town and Country Planning (Cardiff Bay Urban Development Area) Special Development Order 1989[^f00007], in the definition of “scheduled monument”, for “the Ancient Monuments and Archaeological Areas Act 1979” substitute “section 3 of the Historic Environment (Wales) Act 2023”.

The Housing (Prescribed Forms) (No. 2) Regulations 1990

8

In the Schedule to the Housing (Prescribed Forms) (No. 2) Regulations 1990[^f00008], in Form 18, in the second sub-paragraph of paragraph 2, after “1990” insert “or under section 76 of the Historic Environment (Wales) Act 2023”.

The Coal Mining Subsidence (Notices and Claims) Regulations 1991

9

In Schedule 1 to the Coal Mining Subsidence (Notices and Claims) Regulations 1991[^f00009], in paragraph 13, after “section 19(1)” insert “or section 19(1A)”.

The Crop Residues (Burning) Regulations 1993

10

In regulation 2(1) of the Crop Residues (Burning) Regulations 1993[^f00010], in the definition of “scheduled monument”—

• (a) after “meaning” insert “, in relation to monuments in England,”;

• (b) after “1979” insert “and in relation to monuments in Wales, has the meaning given by section 3(7) of the Historic Environment (Wales) Act 2023”.

The Ancient Monuments (Class Consents) Order 1994

11

The Ancient Monuments (Class Consents) Order 1994[^f00011] is amended as follows.

12

In article 1(3), omit “and Wales”.

13

In the Schedule, in Class 10, in both the heading and the words that follow it, omit from “or” to “Wales”.

The Town and Country Planning (General Permitted Development) Order 1995

14

The Town and Country Planning (General Permitted Development) Order 1995[^f00012] is amended as follows.

15

In article 1(2)—

• (a) for the definition of “listed building” substitute—

• “listed building” has the meaning given by section 76 of the Historic Environment (Wales) Act 2023;

• (b) for the definition of “scheduled monument” substitute—

• “scheduled monument” has the meaning given by section 3(7) of the Historic Environment (Wales) Act 2023;

• (c) omit the definition of “site of archaeological interest”.

16

In article 7—

• (a) omit paragraph (2)(a)(iii);

• (b) in paragraph (2)(b), for “compiled by the Secretary of State” to the end substitute “maintained by the Welsh Ministers under section 76(1) of the Historic Environment (Wales) Act 2023 (duty to maintain list of buildings);”.

17

In Part 2 of Schedule 1, in sub-paragraph (c), for “section 69” to “1990” substitute “section 158 of the Historic Environment (Wales) Act 2023”.

The National Park Authorities (Wales) Order 1995

18

In Schedule 5 to the National Park Authorities (Wales) Order 1995[^f00013], omit paragraph 12 and the heading before it.

The Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996

19

In regulation 12(3) of the Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996[^f00014], after “the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 89 of the Historic Environment (Wales) Act 2023”.

The National Park Authorities (Wales) (Amendment) Order 1996

20

In the Schedule to the National Park Authorities (Wales) (Amendment) Order 1996[^f00015], in Part 2, paragraph 2, omit the entry for the inserted paragraph 12 relating to the Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 1984 and the heading before it.

The Hedgerows Regulations 1997

21

In Schedule 1 to the Hedgerows Regulations 1997[^f00016], in Part 2, paragraph 2(a), after “1979” insert “or in the schedule of monuments maintained by the Welsh Ministers under section 3(1) of the Historic Environment (Wales) Act 2023”.

The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

22

In regulation 2 of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment Regulations 1999[^f00017], in paragraph (1), in the definition of “sensitive area”, sub-paragraph (g), after “1979” insert “or the Historic Environment (Wales) Act 2023”.

The Visiting Forces and International Headquarters (Application of Law) Order 1999

23

In article 11(1) of the Visiting Forces and International Headquarters (Application of Law) Order 1999[^f00018]—

• (a) for “and the Planning (Hazardous Substances) Act 1990”, substitute “, the Planning (Hazardous Substances) Act 1990 and Parts 3 to 5 of the Historic Environment (Wales) Act 2023”;

• (b) for “and section 31(3) of the Planning (Hazardous Substances) Act 1990” substitute “, section 31(3) of the Planning (Hazardous Substances) Act 1990 and section 207 of the Historic Environment (Wales) Act 2023”.

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

24

In Schedule 2 to the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999[^f00019], in paragraph 1, in the definition of “sensitive area”, sub-paragraph (f), after “1979” insert “or the Historic Environment (Wales) Act 2023”.

The Electronic Communications Code (Conditions and Restrictions) Regulations 2003

25

In regulation 2(2) of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003[^f00020]—

• (a) in the definition of “conservation area”—

• (i) in sub-paragraph (a), omit “and Wales”;

• (ii) after sub-paragraph (a) insert—

(aa) in relation to Wales, any area designated as a conservation area under section 158 of the Historic Environment (Wales) Act 2023;

• (b) in the definition of “statutory list of buildings”—

• (i) in sub-paragraph (a), omit “and Wales”;

• (ii) after sub-paragraph (a) insert—

(aa) in relation to Wales, the list of buildings of special architectural or historic interest maintained under section 76(1) of the Historic Environment (Wales) Act 2023;

The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004

26

The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004[^f00021] are amended as follows.

27

In regulation 2(1), omit the definition of “the Listed Buildings Act”.

28

In regulation 4—

• (a) for “section 47” to “repair)” substitute “section 137 of the Historic Environment (Wales) Act 2023 (powers to acquire listed building compulsorily for purpose of preservation)”;

• (b) in paragraph (b)(ii), for “section 50(3)” to “deliberately left derelict)” substitute “section 140(3) of the Historic Environment (Wales) Act 2023 (direction for minimum compensation where building deliberately allowed to fall into disrepair)”.

29

In the Schedule—

• (a) in Form 1, in paragraph 4—

• (i) for “Under section 50” to “(“the Listed Buildings Act”)” substitute “Under section 140 of the Historic Environment (Wales) Act 2023 (“the 2023 Act”)”;

• (ii) for “or the Listed Buildings Act” substitute “or the 2023 Act”;

• (b) in Form 8, in the Notes on the use of Form 8—

• (i) in the heading beginning “Additional provisions in relation to compulsory purchase orders”, for “made under section 47 of the Listed Buildings Act (m)” substitute “made under section 137 or 139 of the Historic Environment (Wales) Act 2023(m)”;

• (ii) in paragraph 3, for “section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “section 137 or 139 of the Historic Environment (Wales) Act 2023”;

• (iii) in paragraph 4, for “Under section 50 of the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “Under section 141 of the Historic Environment (Wales) Act 2023”;

• (iv) in paragraph 5, for “the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “the Historic Environment (Wales) Act 2023”;

• (v) in the Notes after paragraph 5, in footnote (o)—

• (aa) for “section 50(3) of the Listed Buildings Act” substitute “section 140(3) of the Historic Environment (Wales) Act 2023”;

• (bb) for “section 50(4) and (5)” substitute “section 140(2) and (4) of that Act”.

The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004

30

In the Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004[^f00022]—

• (a) in article 2, omit the definition of “the Listed Buildings Act”;

• (b) omit articles 7 to 9.

The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

31

The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006[^f00023] are amended as follows.

32

In regulation 1, after paragraph (2) insert—

(3) These Regulations form part of a code of law relating to the historic environment of Wales.

33

In regulation 2(1)—

• (a) insert in the appropriate place ““the 2023 Act” (“Deddf 2023”) means the Historic Environment (Wales) Act 2023;”;

• (b) in the definition of “appointed representative”, for sub-paragraph (b) substitute—

(b) section 178(4) or (5) of the 2023 Act;

• (c) in the definition of “direction”, for sub-paragraph (b) substitute—

(b) section 178(2) and (3) of the 2023 Act;

• (d) omit the definition of “the Listed Buildings Act”.

34

In regulation 3—

• (a) for paragraph (1)(b) substitute—

(b) section 178(2) and (3) of the 2023 Act;

• (b) for paragraph (3)(b) substitute—

(b) section 178(4) of the 2023 Act;

35

For regulation 4(2)(a)(ii) substitute—

(ii) section 178(5) of the 2023 Act;

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

36

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006[^f00024] are amended as follows.

37

In Rule 12(8)(e)(x), after “1979” insert “or the Historic Environment (Wales) Act 2023”.

38

In Schedule 5—

• (a) in the first column of paragraph 14 of the table—

• (i) in paragraph (i), after “1990” insert “or Part 3 of the Historic Environment (Wales) Act 2023”;

• (ii) in paragraph (ii), after “1979” insert “or a monument scheduled under Part 2 of the Historic Environment (Wales) Act 2023”;

• (b) in the first column of paragraph 15 of the table, in paragraph (i), after “1990” insert “or Part 4 of the Historic Environment (Wales) Act 2023”;

• (c) in the second column of paragraph 15 of the table—

• (i) omit “and (ii)”;

• (ii) after sub-paragraph (b) insert—

15 (ii) The Historic Buildings and Monuments Commission for England.

The Transport and Works (Model Clauses for Railways and Tramways) Order 2006

39

The Transport and Works (Model Clauses for Railways and Tramways) Order 2006[^f00025] is amended as follows.

40

In paragraph 16(6) of Schedule 1, after “1979” insert “or the Historic Environment (Wales) Act 2023”.

41

In paragraph 21(6) of Schedule 2, after “1979” insert “or the Historic Environment (Wales) Act 2023”.

42

In Schedule 1 to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007[^f00026], in Part A—

• (a) in paragraph 20, for the text in the second column substitute “Sections 96(1) and (2) and 97(1) to (8) of, and Schedule 9 paragraphs (1), (2) and (3) to, the Historic Environment (Wales) Act 2023 (asc 3).”;

• (b) in paragraph 21, for the text in the second column substitute “Sections 96(1) and 97(1) to (4) and (7) and (8) of the Historic Environment (Wales) Act 2023 as applied by section 163 of that Act.”;

• (c) in paragraph 22, in the second column, for “Section 13(1)” to “1990”, in the first place it occurs, substitute “Section 95(1) of the Historic Environment (Wales) Act 2023”;

• (d) in paragraph 23—

• (i) in the first column, for “building preservation notice” substitute “temporary listing notice”;

• (ii) for the text in the second column substitute “Sections 83(1) and (2) and 84(1) and (2) of the Historic Environment (Wales) Act 2023.”;

• (e) in paragraph 24—

• (i) in the first column, for “a” to the end, substitute “an enforcement notice.”;

• (ii) for the text in the second column substitute “Sections 123, 124 and 125 of the Historic Environment (Wales) Act 2023.”;

• (f) in paragraph 25, for the text in the second column substitute “Sections 137 to 139 and 111(5) of the Historic Environment (Wales) Act 2023.”;

• (g) in paragraph 26, for the text in the second column substitute “Section 135 of the Historic Environment (Wales) Act 2023.”;

• (h) in paragraph 27, for the text in the second column substitute “Section 144(1) and (3) to (7) of the Historic Environment (Wales) Act 2023.”

The Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008

43

In regulation 4 of the Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008[^f00027]—

• (a) for paragraph (e) substitute—

(e) which is the subject of a temporary listing notice under section 83 or 84 of the Historic Environment (Wales) Act 2023 or is included in the list maintained under section 76(1) of that Act;

• (b) in paragraph (f), for “section 1 of the Ancient Monuments and Archaeological Areas Act 1979” substitute “section 3 of the Historic Environment (Wales) Act 2023”.

The REACH Enforcement Regulations 2008

44

In Schedule 5 to the REACH Enforcement Regulations 2008[^f00028], in Part 1, paragraph 8—

• (a) in the definition of “historic building”—

• (i) in sub-paragraph (e), omit “and Wales”;

• (ii) after sub-paragraph (e) insert—