Historic Environment (Wales) Act 2023 / Deddf Yr Amgylchedd Hanesyddol (Cymru) 2023
Historic Environment (Wales) Act 2023 / Deddf Yr Amgylchedd Hanesyddol (Cymru) 2023 (2023 c. 3)
- Historic Environment (Wales) Act 2023 / Deddf Yr Amgylchedd Hanesyddol (Cymru) 2023 (2023 c. 3)
- PART 1 OVERVIEW
- 1 Overview
- PART 2 MONUMENTS OF SPECIAL HISTORIC INTEREST
- CHAPTER 1 KEY TERMS
- 2 Meaning of “monument” and “site of monument”
- CHAPTER 2 SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE
- Schedule of monuments
- 3 Duty to maintain and publish schedule of monuments
- 4 Notification of owner etc. where the schedule is amended
- 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
- 6 Interim protection pending decision on certain amendments relating to the schedule
- 7 When interim protection ends
- 8 Compensation for loss or damage caused by interim protection
- Review of decisions to amend schedule to add monuments etc.
- 9 Review of decision to add monument to the schedule etc.
- 10 Supplementary provision about reviews
- CHAPTER 3 CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS
- Authorisation of works
- 11 Requirement for works to be authorised
- 12 Authorisation of classes of works
- 13 Authorisation of works by scheduled monument consent
- Applications for scheduled monument consent
- 14 Applying for scheduled monument consent
- 15 Declarations of ownership in respect of monument
- 16 Power to refuse to consider similar applications
- Determining applications for scheduled monument consent
- 17 Procedure for determining applications and effect of grant of consent
- Grant of scheduled monument consent subject to conditions
- 18 Power to grant consent subject to conditions
- 19 Condition about period within which works must start
- Modification and revocation of scheduled monument consent
- 20 Modification and revocation of consent
- Compensation
- 21 Compensation for refusal of scheduled monument consent or grant of consent subject to conditions
- 22 Recovery of compensation paid under section 21 on subsequent grant of consent
- 23 Determination of amount recoverable under section 22
- 24 Compensation where works affecting a scheduled monument cease to be authorised
- CHAPTER 4 SCHEDULED MONUMENT PARTNERSHIP AGREEMENTS
- 25 Scheduled monument partnership agreements
- 26 Further provision about scheduled monument partnership agreements
- 27 Termination of agreement or provision of agreement
- 28 Compensation in relation to termination
- 29 Interpretation
- CHAPTER 5 ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS
- Offences relating to unauthorised works
- 30 Offence of carrying out unauthorised works or breaching condition of consent
- Temporary stop notices
- 31 Power of Welsh Ministers to issue temporary stop notice
- 32 Duration etc. of temporary stop notice
- 33 Offence of breaching temporary stop notice
- 34 Compensation for loss or damage caused by temporary stop notice
- Enforcement notices
- 35 Power of Welsh Ministers to issue enforcement notice
- 36 Service and taking effect of enforcement notice
- 37 Variation and withdrawal of enforcement notice
- 38 Effect of granting scheduled monument consent on enforcement notice
- 39 Appeal against enforcement notice
- 40 Powers to enter land and take steps required by enforcement notice
- 41 Offence of failing to comply with enforcement notice
- Injunctions
- 42 Injunction to restrain unauthorised works or failure to comply with condition of consent
- CHAPTER 6 ACQUISITION, GUARDIANSHIP AND PUBLIC ACCESS
- Acquisition of monuments of special historic interest
- 43 Compulsory acquisition of monuments of special historic interest
- 44 Acquisition by agreement or gift of monuments of special historic interest
- Guardianship of monuments of special historic interest
- 45 Power to place monument of special historic interest under guardianship
- 46 Supplementary provision about guardianship deeds
- 47 General functions of guardians
- 48 Termination of guardianship
- Acquisition and guardianship of land in the vicinity of a monument of special historic interest etc.
- 49 Acquisition and guardianship of land in the vicinity of a monument
- 50 Acquisition of easements and other similar rights over land in the vicinity of a monument
- Agreements with occupiers of monuments or adjoining etc. land
- 51 Agreements concerning management of monuments of special historic interest and land in their vicinity
- Powers of limited owners
- 52 Powers of limited owners for purposes of sections 45, 50 and 51
- Transfer of ownership or guardianship and disposal of land
- 53 Transfer of monuments of special historic interest between local authorities and the Welsh Ministers
- 54 Disposal of land acquired under this Chapter
- Public access to monuments under public control
- 55 Public access to monuments under public control
- 56 Power to make regulations and byelaws in connection with public access to monuments under public control
- 57 Provision of facilities for the public in connection with monuments of special historic interest
- CHAPTER 7 GENERAL
- Damage to monuments
- 58 Offence of damaging certain monuments of special historic interest
- 59 Compensation orders for damage to monuments under guardianship
- 60 Restrictions on use of metal detectors
- Urgent works for preservation of scheduled monument
- 61 Works for preservation of scheduled monument in cases of urgency
- Expenditure and advice in relation to monuments
- 62 Expenditure on acquisition and preservation of monuments of special historic interest etc.
- 63 Advice and supervision of work by Welsh Ministers
- 64 Expenditure by local authorities on archaeological investigation
- Powers of entry
- 65 Powers of entry for inspection of scheduled monuments etc.
- 66 Powers of entry relating to enforcement of controls on works
- 67 Power of entry on land believed to contain monument of special historic interest
- 68 Power of entry for survey and valuation in connection with claim for compensation
- 69 Supplementary provision about powers of entry under this Part
- 70 Compensation for damage caused by exercise of certain powers under this Part
- 71 Treatment and preservation of finds
- Supplementary
- 72 Validity of certain decisions and orders under this Part
- 73 Application to High Court for statutory review of decision or order
- 74 Crown land
- 75 Interpretation of this Part
- PART 3 BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
- CHAPTER 1 LISTING BUILDINGS OF SPECIAL INTEREST
- List of buildings
- 76 Duty to maintain and publish list of buildings
- 77 Notification of listing or de-listing of building
- Proposals to list and de-list buildings: consultation and interim protection
- 78 Consultation before listing or de-listing building
- 79 Interim protection pending decision whether to list building
- 80 Compensation for loss or damage caused by interim protection
- Review of listing decisions
- 81 Review of decision to list building
- 82 Supplementary provision about reviews
- Temporary listing
- 83 Service of temporary listing notice
- 84 Temporary listing in urgent cases
- 85 End of temporary listing
- 86 Compensation for loss or damage caused by temporary listing
- Buildings not intended to be listed
- 87 Certificate that Welsh Ministers do not intend to list building
- CHAPTER 2 CONTROL OF WORKS AFFECTING LISTED BUILDINGS
- Authorisation of works
- 88 Requirement for works to be authorised
- 89 Authorisation of works by listed building consent
- Applications for listed building consent
- 90 Applying for listed building consent
- 91 Notice of application to owners of building
- Dealing with applications for consent
- 92 Procedure for dealing with application
- 93 Power to refuse to consider similar applications
- 94 Reference of application to Welsh Ministers
- 95 Notification to Welsh Ministers before granting consent
- 96 Grant or refusal of consent
- Grant of listed building consent subject to conditions
- 97 Power to grant consent subject to conditions
- 98 Condition about period within which works must start
- 99 Application for variation or removal of conditions
- Appeals to the Welsh Ministers
- 100 Right to appeal against planning authority decision or failure to make decision
- 101 Procedure for making appeal
- 102 Restriction on varying application after service of notice of appeal
- 103 Decision on application after service of notice of appeal
- 104 Determination of appeal
- Special cases
- 105 Applications by planning authorities and the Crown
- 106 Applications relating to urgent works on Crown land
- Modification and revocation of listed building consent
- 107 Modification and revocation of consent
- 108 Compensation where consent is modified or revoked
- Right of owner of listed building to require purchase of interest
- 109 Purchase notice where consent is refused, granted subject to conditions, modified or revoked
- 110 Purchase notice in respect of Crown land
- 111 Further provision about service of purchase notice
- 112 Action following service of purchase notice
- CHAPTER 3 LISTED BUILDING PARTNERSHIP AGREEMENTS
- 113 Listed building partnership agreements
- 114 Further provision about listed building partnership agreements
- 115 Termination of agreement or provision of agreement
- 116 Compensation where agreement or provision is terminated
- CHAPTER 4 ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS
- Unauthorised works and intentional damage: offences
- 117 Offence of carrying out unauthorised works or breaching condition of consent
- 118 Offence of intentionally damaging listed building
- Temporary stop notices
- 119 Power of planning authority to issue temporary stop notice
- 120 Duration etc. of temporary stop notice
- 121 Offence of breaching temporary stop notice
- 122 Compensation for loss or damage caused by temporary stop notice
- Enforcement notices issued by planning authorities
- 123 Power of planning authority to issue enforcement notice
- 124 Service and taking effect of enforcement notice
- 125 Variation and withdrawal of enforcement notice
- 126 Effect of granting listed building consent on enforcement notice
- Appeals and other proceedings relating to enforcement notices
- 127 Right to appeal against enforcement notice
- 128 Determination of appeal
- 129 Grounds for appeal not to be raised in other proceedings
- Compliance with enforcement notices
- 130 Order to permit steps required by enforcement notice
- 131 Power to enter land and take steps required by enforcement notice
- 132 Recovery of costs of compliance with enforcement notice
- 133 Offence of failing to comply with enforcement notice
- Enforcement notices issued by Welsh Ministers
- 134 Power of Welsh Ministers to issue enforcement notice
- Injunctions
- 135 Injunction to restrain unauthorised works or failure to comply with condition of consent
- CHAPTER 5 ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST
- Acquisition by agreement of buildings of special interest
- 136 Power of planning authority to acquire building by agreement
- Compulsory acquisition of listed buildings in need of repair
- 137 Powers to acquire listed building compulsorily for purpose of preservation
- 138 Requirement to serve repairs notice before starting compulsory acquisition
- 139 Application to stop compulsory acquisition
- 140 Direction for minimum compensation where building deliberately allowed to fall into disrepair
- 141 Application for removal of direction for minimum compensation
- 142 Ending of rights over land acquired compulsorily
- Management, use and disposal of buildings
- 143 Management, use and disposal of building acquired under this Chapter
- Urgent preservation of listed buildings
- 144 Urgent works to preserve listed building
- 145 Power to require owner to meet costs of preservation works
- 146 Further provision about recovery of costs of preservation works
- Further provision about preservation of listed buildings
- 147 Steps for preservation of listed buildings in disrepair
- Finance for repair and maintenance of buildings of special interest etc.
- 148 Grant or loan by local authority for repair or maintenance of building
- 149 Recovery of grant made by local authority
- 150 Grant by Welsh Ministers for repair or maintenance of building, garden etc.
- 151 Acceptance by Welsh Ministers of endowment for upkeep of building
- CHAPTER 6 GENERAL
- Powers of entry
- 152 Powers to enter land
- 153 Exercise of power to enter land without warrant
- 154 Warrant to enter land
- 155 Supplementary provision about powers of entry
- Supplementary
- 156 Exempt religious buildings
- 157 Interpretation of this Part
- PART 4 CONSERVATION AREAS
- Designation of conservation areas
- 158 Designating areas of special architectural or historic interest as conservation areas
- Duties relating to conservation areas
- 159 Duty to formulate and publish proposals for preservation and enhancement of conservation areas
- 160 Exercise of planning functions: general duty relating to conservation areas
- Control of demolition in conservation areas
- 161 Requirement for demolition to be authorised
- 162 Authorisation of demolition by conservation area consent
- 163 Application of Part 3 to conservation areas
- Urgent preservation of buildings in conservation areas
- 164 Urgent works to preserve buildings in conservation areas
- Grants and conservation area agreements
- 165 Grant by Welsh Ministers for preservation or enhancement of conservation areas
- 166 Conservation area agreements
- PART 5 SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS
- CHAPTER 1 EXERCISE OF FUNCTIONS BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES
- 167 Fees and charges for exercising functions
- 168 Arrangements for exercising functions in relation to applications
- 169 Arrangements for obtaining specialist advice
- 170 Form of documents
- 171 Contributions towards expenditure by local authorities
- CHAPTER 2 PROCEEDINGS BEFORE THE WELSH MINISTERS
- Procedural provisions applying to appeals to Welsh Ministers
- 172 Fees for appeals
- 173 Determination of appeal by appointed person
- Procedural provisions applying to appeals and other proceedings before Welsh Ministers
- 174 Choice of inquiry, hearing or written procedure
- 175 Procedural requirements
- Local inquiries
- 176 Power of Welsh Ministers to hold local inquiry
- 177 Power of person holding inquiry to require evidence
- 178 Access to evidence at inquiry
- 179 Payment of appointed representative where access to evidence restricted
- Costs of proceedings before Welsh Ministers
- 180 Payment of costs of Welsh Ministers
- 181 Orders relating to costs of parties
- CHAPTER 3 VALIDITY AND CORRECTION OF DECISIONS
- Validity of decisions and orders
- 182 Validity of certain decisions and orders relating to buildings
- 183 Application to High Court for statutory review of decision or order
- 184 Appeal to High Court against decision relating to enforcement notice
- Correction of decisions of Welsh Ministers
- 185 Meaning of “decision document” and “correctable error”
- 186 Power to correct correctable errors in decision documents
- 187 Effect and validity of correction notice
- CHAPTER 4 GENERAL
- The Crown
- 188 Representation of Crown and Duchy interests in land
- 189 Service of documents on the Crown
- 190 Enforcement steps in relation to Crown land
- Interpretation
- 191 Meaning of “local authority” in this Part
- PART 6 OTHER HERITAGE ASSETS AND RECORDS
- Historic parks and gardens
- 192 Duty to maintain and publish register of historic parks and gardens
- Historic place names
- 193 Duty to maintain and publish list of historic place names
- Historic environment records
- 194 Duty to maintain historic environment records
- 195 Access to historic environment records
- 196 Guidance to certain public bodies about historic environment records
- PART 7 GENERAL
- Powers to require information about interests in land
- 197 Power to require information by notice
- 198 Offences in connection with section 197
- 199 Information about interests in Crown land
- Offences
- 200 Offences by bodies corporate
- 201 Civil sanctions
- Compensation
- 202 Making claims for compensation
- 203 Determination of compensation claims by Upper Tribunal
- 204 Compensation for depreciation of value of land
- Service of documents
- 205 Service of notices and other documents: general
- 206 Additional provision about service on persons interested in or occupying land
- Special cases
- 207 Definitions relating to the Crown
- 208 Church of England land
- General
- 209 Regulations under this Act
- 210 Interpretation
- 211 Consequential and transitional provision etc.
- 212 Coming into force
- 213 Short title
- SCHEDULE 1 END OF INTERIM PROTECTION FOR MONUMENTS
- Application of this Schedule
- Criminal liability
- Scheduled monument consent
- Temporary stop notices
- Enforcement notices
- Injunctions
- SCHEDULE 2 DECISION ON REVIEW BY PERSON APPOINTED BY THE WELSH MINISTERS
- 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)
- SCHEDULE 3 AUTHORISATION FOR CLASSES OF WORKS
- Power to amend Schedule
- SCHEDULE 4 PROCEDURE FOR ORDERS MODIFYING OR REVOKING SCHEDULED MONUMENT CONSENT
- PART 1 NOTICE OF PROPOSED MODIFICATION OR REVOCATION
- Requirement to serve a notice of proposed modification or revocation
- Effect of notice under paragraph 1 on authorisation to carry out works
- PART 2 PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE
- Making an order under section 20
- Notification once order made
- PART 3 SUPPLEMENTARY
- Procedure after hearing or inquiry
- SCHEDULE 5 TERMINATION BY ORDER OF SCHEDULED MONUMENT PARTNERSHIP AGREEMENT
- PART 1 NOTICE OF PROPOSED TERMINATION
- Requirement to serve notice of proposed termination
- Effect on authorised works of service of notice of proposed termination
- PART 2 PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE
- Making an order under section 27
- Notification once order made
- PART 3 SUPPLEMENTARY
- Procedure after hearing or inquiry
- SCHEDULE 6 PROCEEDINGS UNDER PART 2
- 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
- SCHEDULE 7 END OF INTERIM PROTECTION OR TEMPORARY LISTING FOR BUILDINGS
- Introduction
- Criminal liability
- Listed building consent
- Temporary stop notices
- Enforcement notices
- Injunctions
- SCHEDULE 8 PROCEDURE FOR ORDERS MODIFYING OR REVOKING LISTED BUILDING CONSENT
- PART 1 ORDERS MADE BY PLANNING AUTHORITIES
- Circumstances in which orders take effect
- Procedure for confirmation of orders by Welsh Ministers
- Procedure for orders to take effect without confirmation
- PART 2 ORDERS MADE BY THE WELSH MINISTERS
- Procedure to be followed before making order
- SCHEDULE 9 ACTION FOLLOWING SERVICE OF PURCHASE NOTICE
- 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
- SCHEDULE 10 PROCEDURE FOR ORDERS TERMINATING LISTED BUILDING PARTNERSHIP AGREEMENTS
- PART 1 ORDERS MADE BY PLANNING AUTHORITIES
- Requirement for confirmation by Welsh Ministers
- PART 2 ORDERS MADE BY THE WELSH MINISTERS
- Procedure to be followed before making order
- SCHEDULE 11 EFFECT OF SECTION 161 CEASING TO APPLY TO BUILDING
- Introduction
- Criminal liability
- Conservation area consent
- Temporary stop notices
- Enforcement notices
- Injunctions
- SCHEDULE 12 DETERMINATION OF APPEAL BY APPOINTED PERSON OR THE WELSH MINISTERS
- 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
- SCHEDULE 13 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
- 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)
- 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)
- Planning and Compensation Act 1991 (c. 34)
- 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)
- SCHEDULE 14 TRANSITIONAL AND SAVING PROVISIONS
- PART 1 GENERAL PROVISIONS
- Statutory and other references to this Act
- Documents referring to repealed enactments
- Relationship with Legislation (Wales) Act 2019
- Interpretation
- PART 2 GUARDIANSHIP OF MONUMENTS
- 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
- PART 3 MISCELLANEOUS
- 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
- Building preservation notices in England: compensation
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