Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 49 is up to date with all changes known to be in force on or before 06 November 2025. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 49:
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 6ACQUISITION, GUARDIANSHIP AND PUBLIC ACCESS
Acquisition and guardianship of land in the vicinity of a monument of special historic interest etc.
49Acquisition and guardianship of land in the vicinity of a monument
(1)
References in sections 43 to 46 to a monument of special historic interest include any land adjoining or in the vicinity of the monument which the Welsh Ministers consider, or (as the case may be) a local authority considers, to be reasonably required for any of the purposes mentioned in subsection (2).
(2)
The purposes are—
(a)
the maintenance of the monument or its amenities;
(b)
the storage of equipment or materials for the maintenance of the monument or its amenities;
(c)
providing or facilitating access to the monument;
(d)
the proper control or management of the monument;
(e)
the provision of facilities and services for the public for or in connection with providing public access to the monument.
(3)
The power of compulsory acquisition in section 43(1), as it applies by virtue of subsection (1) of this section, is to be read as if for “the purpose of securing its preservation” there were substituted “any of the purposes mentioned in section 49(2)”
.
(4)
Land may be acquired or taken into guardianship by virtue of this section either at the same time as the monument or later.
(5)
A person who is the guardian of any land by virtue of this section has full control and management of the land, and may do anything the guardian considers necessary—
(a)
for its proper control and management (including requiring the payment of a charge in connection with any use of the land), and
(b)
for the use of the land for any of the purposes relating to the monument mentioned in subsection (2).
(6)
A person who is the guardian of any land by virtue of this section may enter the land for the purpose of exercising the guardian’s powers under subsection (5) (and may authorise any other person to enter the site and to exercise those powers on the guardian’s behalf).
(7)
Section 48(1) to (4) and (7) apply in relation to any land taken into guardianship by virtue of this section as they apply in relation to a monument.
(8)
Apart from any termination of guardianship by virtue of section 48, guardianship of any such land also ends if the monument in question—
(a)
ceases to be under guardianship otherwise than by virtue of being acquired by its guardians, or
(b)
ceases to exist.
(9)
Where a monument is owned by, or under the guardianship of, the Welsh Ministers or a local authority by virtue of this Chapter, references in this Chapter to land associated with that monument (or to associated land) are references to—
(a)
any land acquired or taken into guardianship by virtue of this section for a purpose mentioned in subsection (2), or
(b)
any land appropriated for any such purpose under a power conferred by any other enactment.