Historic Environment (Wales) Act 2023
| Jurisdiction | Wales |
Historic Environment (Wales) Act 2023
2023 asc 3
An Act of Senedd Cymru to consolidate certain enactments relating to the conservation of the historic environment of Wales.
[14 June 2023]
Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows:
PART 1
OVERVIEW
1 Overview
(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)
(a) the Historic Buildings and Ancient Monuments Act 1953 (c. 49);
(b)
(b) Parts 1 and 3 of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);
(c)
(c) Parts 14 and 15 of the Town and Country Planning Act 1990 (c. 8);
(d)
(d) the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9);
(e)
(e) Part 5 of the Planning and Compulsory Purchase Act 2004 (c. 5);
(f)
(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) a schedule of monuments of national importance, maintained by the Welsh Ministers,
(b)
(b) the control of works affecting scheduled monuments, and
(c)
(c) the acquisition, guardianship and preservation of monuments.
(4) Part 3 makes provision about the conservation of buildings of architectural or historic interest, including provision for—
(a)
(a) a list of buildings of special architectural or historic interest, maintained by the Welsh Ministers,
(b)
(b) the control of works affecting listed buildings, and
(c)
(c) the acquisition and preservation of buildings.
(5) Part 4 makes provision about conservation areas, including provision for—
(a)
(a) areas of special architectural or historic interest to be designated as conservation areas by planning authorities,
(b)
(b) the control of works for the demolition of buildings in conservation areas, and
(c)
(c) the preservation and repair of buildings in conservation areas.
(6) Part 5 makes supplementary provision relating to Parts 3 and 4, including—
(a)
(a) provision about proceedings before the Welsh Ministers under those Parts, including hearings and inquiries;
(b)
(b) provision about the validity and correction of decisions made under those Parts.
(7) Part 6 provides for—
(a)
(a) a register of historic parks and gardens;
(b)
(b) a list of historic place names;
(c)
(c) historic environment records for every area of Wales.
(8) Part 7 contains general provisions, including amendments and repeals of other enactments.
PART 2
MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 1
KEY TERMS
2 Meaning of “monument” and “site of monument”
(1) In this Act “” means—
(a)
(a) any building, structure or work (whether above or below the surface of the land) and any cave or excavation;
(b)
(b) the site of the remains of any building, structure or work or of the remains of any cave or excavation;
(c)
(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)
(d) the site of the remains of any object or part of an object mentioned in paragraph (c);
(e)
(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)
(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)
(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)
(a) the site of the monument in question,
(b)
(b) a group of monuments, and
(c)
(c) any part of a monument or group of monuments.
(7) References in this Act to the site of a monument—
(a)
(a) are to the monument itself where it consists of a site, and
(b)
(b) in any other case include the monument itself.
(8) In this section “” 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
3 Duty to maintain and publish schedule of monuments
(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)
(a) adding a monument;
(b)
(b) removing a monument;
(c)
(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 “” means the schedule maintained under this section.
(7) In this Act “” means a monument included in the schedule.
4 Notification of owner etc. where the schedule is amended
(1) Subsection (2) applies where the Welsh Ministers amend the schedule by—
(a)
(a) adding a monument,
(b)
(b) removing a monument, or
(c)
(c) amending the entry for a monument.
(2) As soon as possible after amending the schedule the Welsh Ministers must serve notice that they have done so on—
(a)
(a) every owner and occupier of the monument, and
(b)
(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)
(a) the notice must specify the date on which they did so, and
(b)
(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
5 Consultation before adding or removing monument to or from the schedule
(1) Subsection (2) applies where the Welsh Ministers are proposing to amend the schedule by—
(a)
(a) adding a monument,
(b)
(b) removing a monument, or
(c)
(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)
(a) sets out the proposed amendment, and
(b)
(b) invites those persons to make written representations about the proposal.
(3) The persons are—
(a)
(a) every owner and occupier of the monument,
(b)
(b) every local authority in whose area the monument is situated, and
(c)
(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)
(a) specify the period within which representations may be made, and
(b)
(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.
6 Interim protection pending decision on certain amendments relating to the schedule
(1) This section applies where the Welsh Ministers serve notice under section 5(2) of a proposal to amend the schedule by—
(a)
(a) adding a monument, or
(b)
(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)
(a) in the case of a proposal to add a monument to the schedule, as if the monument were a scheduled monument;
(b)
(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 “”.
(4) The Welsh Ministers must—
(a)
(a) publish a list of the monuments subject to interim protection, and
(b)
(b) provide a copy of the notice served under section 5(2) in respect of such a monument to any person who requests one.
7 When interim protection ends
(1) Interim protection conferred by section 6(2)(a) (proposed addition of monument to the schedule)...
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