Historic Environment (Wales) Act 2016

JurisdictionWales
Citation2016 anaw 4
(1) This Act has five Parts.(2) This Part provides an overview of this Act.(3) Part 2 makes amendments to the Ancient Monuments and Archaeological Areas Act 1979 (c.46) , primarily in relation to ancient monuments in Wales. It also makes provision for the Welsh Ministers to compile and maintain a register of historic parks and gardens.(4) Part 3 makes amendments to the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) in relation to buildings in Wales that are of special architectural or historic interest (“listed buildings”) .for the compilation of a list of historic place names in Wales (section 34) ,for the compilation of a historic environment record for each local authority area in Wales (sections 35 to 37) , andfor the establishment, constitution and functions of the Advisory Panel for the Welsh Historic Environment (sections 38 and 39) .(6) Part 5 contains provision that applies generally for the purposes of this Act.for the Welsh Ministers to consult before making certain changes to the Schedule under the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (“the 1979 Act”) or certain amendments relating to monuments in the Schedule (section 3) ;to give a monument statutory protection while the Welsh Ministers decide whether to include it in the Schedule or, in the case of a monument already included in the Schedule, to make certain amendments relating to it (section 3) ;for the Welsh Ministers to review a decision of theirs to include a monument in the Schedule or to make certain amendments relating to a monument in the Schedule (section 3) ;to amend the procedure relating to scheduled monument consent and the provision for compensation for the refusal of such consent (sections 5 to 10) ;for the Welsh Ministers to enter into an agreement with the owner of a monument included in the Schedule about matters such as consent for works to the monument (section 11) ;for the Welsh Ministers to issue an enforcement notice or a temporary stop notice, or to apply to court for an injunction, in a case involving certain works to a monument included in the Schedule (sections 12 to 14) ;to modify the application of certain offences, including by the creation of a due diligence defence (sections 15 to 17) ;about the power to enter land believed to contain an ancient monument (section 19) ;about the circumstances in which a monument in the territorial sea is to be treated as being situated in Wales (section 20) ;to enable notices and other documents required or authorised to be served under the 1979 Act to be served by electronic communication (section 21) ;to amend the definition of “monument” in the 1979 Act (section 22) .(2) This Part also makes provision for the Welsh Ministers to compile and maintain a register of historic parks and gardens (section 18) .(1) After section 1A of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) insert—
    (1AA) Duty to consult on certain amendments relating to the Schedule
  • “(1) This section applies where the Welsh Ministers are proposing—
  • (a) to include a monument in the Schedule;
  • (b) to exclude a monument from the Schedule; or
  • (c) in the case of a monument which is identified in the Schedule by reference to a map maintained by the Welsh Ministers, to make a material amendment in relation to the monument.
to include a monument in the Schedule;to exclude a monument from the Schedule; orin the case of a monument which is identified in the Schedule by reference to a map maintained by the Welsh Ministers, to make a material amendment in relation to the monument.serve notice of the proposed inclusion, exclusion or amendment on the appropriate persons; andinvite those persons to submit written representations about the proposal.the owner of the monument;if the owner is not the occupier, the occupier of the monument;each local authority in whose area the monument is situated; andany other person who appears to the Welsh Ministers appropriate as having special knowledge of, or interest in, the monument, or in monuments of special historic or archaeological interest more generally.specify the proposed inclusion, exclusion or amendment;specify the period within which representations about the

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