Legislation – Historic Environment (Wales) Act 2023

Agricultural, horticultural and forestry works of the same kind as works carried out lawfully on the same spot within the 6 years before the day the works start; except—

1. (a)

   in the case of land on which ploughing has previously been carried out, works likely to disturb the soil below the depth at which ploughing has previously been carried out lawfully;

2. (b)

   in the case of other land, works likely to disturb the soil below a depth of 300 millimetres;

3. (c)

   sub-soiling, drainage works, the planting or uprooting of trees, hedges or shrubs, the stripping of top soil, tipping operations, or the commercial cutting and removal of turf;

4. (d)

   the demolition, removal, extension, alteration or disturbance of a building, structure or work or of the remains of a building, structure or work;

5. (e)

   the erection of a building or structure;

6. (f)

   in the case of works other than domestic gardening works, the laying of paths, hard-standings or foundations for buildings or the erection of fences or other barriers.

Interpretation

For the purposes of this class—

1. (a)

   “domestic gardening works” includes works carried out in the non-commercial cultivation of allotments;

2. (b)

   “horticultural works” includes domestic gardening works;

3. (c)

   works are to be treated as having been carried out lawfully if—

   1. (i)

      in relation to any time after the coming into force of this Schedule, the works were carried out in accordance with the terms of this class, or would have been so carried out if during the period in question the monument had been a scheduled monument;

   2. (ii)

      in relation to any time before the coming into force of this Schedule, the works were carried out in accordance with the terms of Class 1 of the Schedule to the Ancient Monuments (Class Consents) Order 1994 (S.I. 1994/1381), or would have been so carried out if during the period in question the monument had been a scheduled monument for the purposes of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46).

Works carried out more than 10 metres below ground level by any licensed operator (within the meaning of the Coal Industry Act 1994 (c. 21)).

Works of repair or maintenance carried out by Canal & River Trust, in relation to land owned or occupied by it, which are essential to ensure the functioning of a canal; except works involving a material alteration to a scheduled monument.

Works of repair or maintenance to machinery, except works involving a material alteration to a scheduled monument.

Works carried out by the Historic Buildings and Monuments Commission for England.

Works of archaeological evaluation carried out by or on behalf of a person who has applied for scheduled monument consent, where the works are carried out—

1. (a)

   to supply the Welsh Ministers with information required by them to determine the application,

2. (b)

   under the supervision of a person approved in writing by the Welsh Ministers, and

3. (c)

   in accordance with a written specification approved by the Welsh Ministers.

Works for the preservation, maintenance or management of a scheduled monument where the works are carried out in accordance with the terms of a written agreement under which the Welsh Ministers meet, or contribute towards, the cost of those works.

Works consisting of placing survey markers to a depth not exceeding 300 millimetres for the purpose of measured surveying of visible remains, where the works are carried out by the Royal Commission on the Ancient and Historical Monuments of Wales.