Legislation – Historic Environment (Wales) Act 2023

Historic Environment (Wales) Act 2023, Cross Heading: Authorisation of works is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 3CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS

Authorisation of works

11Requirement for works to be authorised

(1)

A person must not carry out works to which this section applies, or cause or permit such works to be carried out, unless the works are authorised under this Chapter.

(2)

This section applies to—

(a)

works resulting in the demolition or destruction of, or any damage to, a scheduled monument;

(b)

works for the purpose of removing or repairing a scheduled monument or any part of it, or of making any alterations or additions to the monument or any part of it;

(c)

flooding or tipping operations on land in, on or under which a scheduled monument is situated.

F1(3)

This section is subject to section 20(1)(c)(i) of the Infrastructure (Wales) Act 2024 (class authorisations and authorisation by scheduled monument consent not required for development to the extent that infrastructure consent required).

12Authorisation of classes of works

(1)

Works to which section 11 applies are authorised if the works are within a class of works described in the table in Schedule 3.

(2)

An authorisation under subsection (1) is subject to any exceptions or conditions specified in the table in relation to works of a particular class.

(3)

The Welsh Ministers may direct that subsection (1) does not apply to any scheduled monument specified in the direction.

(4)

A direction under subsection (3) does not take effect until notice of it has been served on every owner and occupier of the monument in question.

(5)

Subsection (1) does not authorise works contrary to any exception or condition attached to a scheduled monument consent.

(6)

An authorisation under subsection (1) has effect for the benefit of the monument and of all persons for the time being interested in the monument; but this is subject to any provision to the contrary in Schedule 3.

(1)

Works to which section 11 applies are authorised if—

(a)

written consent to carry them out has been granted by the Welsh Ministers, and

(b)

the works are carried out in accordance with the terms of the consent (including any conditions attached to it).

(2)

Where—

(a)

works to which section 11 applies have been carried out without being authorised under this Chapter, and

(b)

the Welsh Ministers grant written consent for the works,

the works are authorised from the grant of the consent.

(3)

Consent under subsection (1) or (2) is referred to in this Part as scheduled monument consent.

Changes to legislation: