Legislation – Historic Environment (Wales) Act 2023
PART 1
OVERVIEW
PART 2
MONUMENTS OF SPECIAL HISTORIC INTEREST
2 Meaning of “monument” and “site of monument”
CHAPTER 2 SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE
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
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
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
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
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
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
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
52 Powers of limited owners for purposes of sections 45, 50 and 51
Transfer of ownership or guardianship and disposal of land
54 Disposal of land acquired under this Chapter
Public access to monuments under public control
55 Public access to monuments under public control
57 Provision of facilities for the public in connection with monuments of special historic interest
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
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
72 Validity of certain decisions and orders under this Part
73 Application to High Court for statutory review of decision or order
75 Interpretation of this Part
PART 3
BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 1 LISTING BUILDINGS OF SPECIAL INTEREST
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
81 Review of decision to list building
82 Supplementary provision about reviews
83 Service of temporary listing notice
84 Temporary listing in urgent cases
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
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
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
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
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
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
153 Exercise of power to enter land without warrant
155 Supplementary provision about powers of entry
156 Exempt religious buildings
157 Interpretation of this Part
PART 4
CONSERVATION AREAS
158 Designating areas of special architectural or historic interest as 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
161 Requirement for demolition to be authorised
162 Authorisation of demolition by conservation area consent
163 Application of Part 3 to conservation areas
164 Urgent works to preserve buildings in conservation areas
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
171 Contributions towards expenditure by local authorities
CHAPTER 2 PROCEEDINGS BEFORE THE WELSH MINISTERS
Procedural provisions applying to appeals to Welsh Ministers
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
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
188 Representation of Crown and Duchy interests in land
189 Service of documents on the Crown
190 Enforcement steps in relation to Crown land
191 Meaning of “local authority” in this Part
PART 6
OTHER HERITAGE ASSETS AND RECORDS
192 Duty to maintain and publish register of historic parks and gardens
193 Duty to maintain and publish list of historic place names
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
197 Power to require information by notice
198 Offences in connection with section 197
199 Information about interests in Crown land
200 Offences by bodies corporate
202 Making claims for compensation
203 Determination of compensation claims by Upper Tribunal
204 Compensation for depreciation of value of land
205 Service of notices and other documents: general
206 Additional provision about service on persons interested in or occupying land
207 Definitions relating to the Crown
209 Regulations under this Act
211 Consequential and transitional provision etc.
SCHEDULES
SCHEDULE 1 END OF INTERIM PROTECTION FOR MONUMENTS
SCHEDULE 2 DECISION ON REVIEW BY PERSON APPOINTED BY THE WELSH MINISTERS
SCHEDULE 3 AUTHORISATION FOR CLASSES OF WORKS
SCHEDULE 4 PROCEDURE FOR ORDERS MODIFYING OR REVOKING SCHEDULED MONUMENT CONSENT
SCHEDULE 5 TERMINATION BY ORDER OF SCHEDULED MONUMENT PARTNERSHIP AGREEMENT
SCHEDULE 6 PROCEEDINGS UNDER PART 2
SCHEDULE 7 END OF INTERIM PROTECTION OR TEMPORARY LISTING FOR BUILDINGS
SCHEDULE 8 PROCEDURE FOR ORDERS MODIFYING OR REVOKING LISTED BUILDING CONSENT
SCHEDULE 9 ACTION FOLLOWING SERVICE OF PURCHASE NOTICE
SCHEDULE 10 PROCEDURE FOR ORDERS TERMINATING LISTED BUILDING PARTNERSHIP AGREEMENTS
SCHEDULE 11 EFFECT OF SECTION 161 CEASING TO APPLY TO BUILDING
SCHEDULE 12 DETERMINATION OF APPEAL BY APPOINTED PERSON OR THE WELSH MINISTERS
Changes to legislation:
There are currently no known outstanding effects for the Historic Environment (Wales) Act 2023, Paragraph 196.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
SCHEDULE 13MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
I1196Sentencing Act 2020 (c. 17)
In section 137(3) of the Sentencing Act 2020, for “is to be made” substitute “in England is to be made, and section 59 of the Historic Environment (Wales) Act 2023 makes equivalent provision for monuments in Wales”
.