Legislation – Historic Environment (Wales) Act 2023

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Introduction

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

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

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

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

201 Civil sanctions

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

208 Church of England land

209 Regulations under this Act

210 Interpretation

211 Consequential and transitional provision etc.

212 Coming into force

213 Short title

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

SCHEDULE 13 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

SCHEDULE 14 TRANSITIONAL AND SAVING PROVISIONS

Changes to legislation:

Historic Environment (Wales) Act 2023, Section 41 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. Help about Changes to Legislation

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PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 5ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

Enforcement notices

41Offence of failing to comply with enforcement notice

(1)

Where, at any time after the end of the period within which an enforcement notice requires any works to be stopped or any step to be taken, the works are being carried out or the step has not been taken, a person who is at that time an owner of the scheduled monument or land to which the notice relates is guilty of an offence.

(2)

A person may be charged with an offence under this section by reference to a day or a longer period, and a person may be convicted of more than one offence in relation to the same enforcement notice by reference to different periods.

(3)

In proceedings against a person for an offence under this section, it is a defence for the person to prove—

(a)

that the person did everything the person could be expected to do to secure that the works specified in the notice were stopped or the steps required by the notice were taken, or

(b)

that the person did not know, and could not reasonably have been expected to know, of the existence of the enforcement notice.

(4)

A person guilty of an offence under this section is liable on summary conviction, or on conviction for indictment, to a fine.

(5)

In determining the amount of the fine, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.