Historic Environment (Wales) Act 2023

2023 asc 3

An Act of Senedd Cymru to consolidate certain enactments relating to the conservation of the historic environment of Wales.

[14 June 2023]

8

In this section “remains” includes any trace or sign of the previous existence of the thing in question.

CHAPTER 2SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE

Schedule of monuments

I33Duty to maintain and publish schedule of monuments

1

The Welsh Ministers must maintain a schedule of monuments in Wales which they consider to be of national importance, and must publish the up-to-date schedule.

2

An entry in the schedule for a monument must include a map maintained by the Welsh Ministers that identifies the area of the monument.

3

The Welsh Ministers may amend the schedule by—

a

adding a monument;

b

removing a monument;

c

amending the entry for a monument (whether by removing anything previously included as part of the monument or adding anything not previously included, or otherwise).

4

The Welsh Ministers may not add to the schedule any building or structure occupied as a dwelling by any person other than the caretaker of the building or structure or a member of the caretaker’s family.

5

An entry in the schedule recording the inclusion of a monument is a local land charge.

6

In this Part “the schedule” means the schedule maintained under this section.

7

In this Act “scheduled monument” means a monument included in the schedule.

I44Notification of owner etc. where the schedule is amended

publish a list of the monuments subject to interim protection, and

b

provide a copy of the notice served under section 5(2) in respect of such a monument to any person who requests one.

every local authority in whose area the monument is situated.

4

Schedule 1 makes provision about the effect of interim protection coming to an end under subsections (1)(b) and (2)(b).

I88Compensation for loss or damage caused by interim protection

1

This section applies where interim protection ends in relation to a monument because of a notice under section 7(1)(b) or (2)(b).

2

Any person who had an interest in the monument when the interim protection took effect is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any loss or damage suffered by the person that is directly attributable to the interim protection.

3

The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by the need to stop or cancel works to the monument because of the interim protection.

4

A claim for compensation under this section must be made in writing within 6 months beginning when the interim protection ends.

Review of decisions to amend schedule to add monuments etc.

I99Review of decision to add monument to the schedule etc.

1

Where the Welsh Ministers—

a

add a monument to the schedule, or

b

amend the entry in the schedule for a monument to add anything as part of the monument,

the notice under section 4(2) must state that any owner or occupier of the monument may make an application to the Welsh Ministers requesting a review of the decision.

2

An application may be made only on the ground that the monument or part (as the case may be) is not of national importance.

3

Where an owner or occupier makes an application for a review, the Welsh Ministers must appoint a person to—

a

carry out the review, and

b

make a decision on the review.

4

The Welsh Ministers may by regulations specify descriptions of cases in which they, instead of a person appointed by them, must carry out and make a decision on a review.

5

The Welsh Ministers must make any amendment to the schedule they consider appropriate to give effect to the decision on a review.

6

The Welsh Ministers may by regulations amend subsection (2) to—

a

add a ground of review;

b

modify a ground of review;

c

remove a ground of review.

I1010Supplementary provision about reviews

1

The Welsh Ministers must by regulations make provision about—

a

the form and way in which an application under section 9 must be made;

b

the information that must be provided to, or may be required by, the Welsh Ministers in connection with an application;

c

the period within which an application must be made.

2

A review under section 9 must be carried out in one or more of the following ways (as determined by the person carrying out the review)—

a

by means of a local inquiry;

b

by means of a hearing;

the grant of scheduled monument consent.

9

In this section “general development order” means a development order under section 59 of the Town and Country Planning Act 1990 (c. 8) that applies to all land in Wales (subject to any exceptions specified in the order).

I2222Recovery of compensation paid under section 21 on subsequent grant of consent

1

This section applies where—

a

in a case where compensation under section 21 was paid in consequence of the refusal of scheduled monument consent, the Welsh Ministers subsequently grant scheduled monument consent for all or any of the works in respect of which the compensation was paid, and

b

in a case where compensation under that section was paid in consequence of the grant of scheduled monument consent subject to conditions, the Welsh Ministers subsequently—

i

modify the consent so that the conditions, or any of them, no longer apply to all or any of the works in respect of which the compensation was paid, or

ii

grant a new consent for all or any of those works free from those conditions, or any of them.

2

This section does not apply in any case unless the Welsh Ministers have served notice of the payment of compensation on the council of every county or county borough in which the monument is situated.

3

In granting or modifying a scheduled monument consent in a case to which this section applies, the Welsh Ministers may do so on terms that no works in respect of which the compensation was paid are to be carried out under the consent until the recoverable amount has been repaid to the Welsh Ministers or secured to their satisfaction.

4

In subsection (3) “recoverable amount” has the meaning given by section 23.

5

A notice under subsection (2) must specify—

a

the decision which gave rise to the entitlement to compensation,

b

the monument affected by the decision, and

c

the amount of the compensation.

6

A notice under subsection (2) is a local land charge, and for the purposes of the Local Land Charges Act 1975 (c. 76) the council served with a notice under that subsection is to be treated as the originating authority as respects the charge.

I2323Determination of amount recoverable under section 22

1

The “recoverable amount” for the purposes of section 22 means an amount specified by the Welsh Ministers in giving notice of their decision on the application for scheduled monument consent or in the order modifying the consent (as the case may be); but this is subject to subsection (3).

2

Where a person who has an interest in a monument objects to the amount specified by the Welsh Ministers, the person may require the determination of the amount to be referred to the Upper Tribunal.

3

Where a reference is made to the Upper Tribunal under subsection (2) the recoverable amount is the amount the Tribunal determines.

4

The amount specified or determined as the recoverable amount under this section may be an amount representing all or any part of the compensation paid under section 21.

A scheduled monument partnership agreement may not impose any obligation or liability, or confer any right, on a person who is not a party to the agreement; and scheduled monument consent granted by such an agreement has effect only for the benefit of the parties to it.

8

The Welsh Ministers may by regulations disapply, apply or reproduce with or without modifications, any provision of this Part for the purposes of scheduled monument partnership agreements.

I2727Termination of agreement or provision of agreement

1

The Welsh Ministers may by order terminate a scheduled monument partnership agreement or any provision of such an agreement.

2

An order under subsection (1) may contain supplementary, incidental, transitory, transitional or saving provision.

3

An order under this section terminating a provision which grants scheduled monument consent for any works may be made at any time before the works are completed, but does not affect scheduled monument consent for works carried out before the order takes effect.

4

Schedule 5 and paragraph 1 of Schedule 6 make further provision in connection with making orders under this section (including provision for notices of proposed termination).

5

The Welsh Ministers may by regulations amend Schedule 5 or 6, and the regulations may make consequential amendments to any other provision of this Act.

I2828Compensation in relation to termination

1

This section applies where the Welsh Ministers—

a

serve a notice of proposed termination, or

b

make an order under section 27,

in relation to a scheduled monument partnership agreement.

2

Any party to the agreement who has an interest in the monument or land to which the agreement applies is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for—

a

any expenditure incurred by the party in carrying out works which become abortive because of the notice or order;

b

any other loss or damage suffered by the party which is directly attributable to the notice or order.

3

4

Subject to that, no compensation is payable under this section in respect of—

a

works carried out before the scheduled monument partnership agreement, or the relevant provision of the agreement, took effect, or

b

other loss or damage (other than loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the agreement or provision took effect.

5

A claim for compensation under this section must be made in writing within 6 months beginning with the day the notice of proposed termination or order takes effect (as the case may be).

I2929Interpretation

In this Chapter—

“associated land” (“tir cysylltiedig”), in relation to a monument, has the meaning given by section 25(1)(b);
“notice of proposed termination” (“hysbysiad o derfyniad arfaethedig”) has the meaning given by paragraph 1 of Schedule 5;
“owner” (“perchennog”) means—
1. a
  an owner of the freehold estate, or
2. b
  a tenant under a lease granted or extended for a fixed term that has at least 7 years left to run;
“scheduled monument partnership agreement” (“cytundeb partneriaeth heneb gofrestredig”) has the meaning given by section 25(1).

CHAPTER 5ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

Offences relating to unauthorised works

I3030Offence of carrying out unauthorised works or breaching condition of consent

b

the Welsh Ministers consider that displaying a copy of the notice on the monument or land might damage the monument,

the Welsh Ministers may instead display a copy in a prominent place as near to the monument or land as is reasonably practicable.

5

The Welsh Ministers may serve a copy of the notice on any person they consider—

a

to be carrying out the works that the notice prohibits or causing or permitting them to be carried out,

b

to be an occupier of the monument or land to which the notice relates, or

c

to have an interest in the monument or land.

I3232Duration etc. of temporary stop notice

1

A temporary stop notice takes effect when a copy of it is first displayed in accordance with section 31.

2

A temporary stop notice ceases to have effect—

a

at the end of 28 days beginning with the day the copy of it is first displayed in accordance with section 31, or

b

if it specifies a shorter period beginning with that day, at the end of that period.

3

But if the Welsh Ministers withdraw the notice before the end of the period for which it would otherwise have effect, the notice ceases to have effect when it is withdrawn.

4

The Welsh Ministers may not issue a second or subsequent temporary stop notice in relation to the same works unless they have, since issuing the previous notice, taken other enforcement action in relation to the breach referred to in section 31(1)(a).

5

In subsection (4) the reference to taking other enforcement action is a reference to—

a

issuing an enforcement notice under section 35, or

b

obtaining an injunction under section 42.

I3333Offence of breaching temporary stop notice

1

A person commits an offence if, at any time when a temporary stop notice has effect, the person carries out works prohibited by the notice or causes or permits such works to be carried out.

2

A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same temporary stop 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 that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.

4

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

a

the works were urgently necessary in the interests of safety or health,

b

the works carried out were limited to the minimum measures immediately necessary, and

c

notice in writing justifying in detail the carrying out of the works was given to the Welsh Ministers as soon as reasonably practicable.

5

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

6

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.

1

Where the Welsh Ministers have issued an enforcement notice, they may—

a

withdraw the notice;

b

waive or relax any requirement of the notice, and in particular extend the period within which the notice requires any works to be stopped or any step to be taken.

2

The Welsh Ministers may exercise the powers in subsection (1) whether or not the notice has taken effect.

3

The withdrawal of an enforcement notice does not prevent the Welsh Ministers from issuing another enforcement notice.

4

Subsection (5) applies where the Welsh Ministers had served copies of the enforcement notice under section 36(4) before exercising the powers in subsection (1).

5

Immediately after exercising any of those powers, the Welsh Ministers must give notice that they have done so to every person who was served with a copy of the enforcement notice (or who would be served with a copy of the notice if it were reissued).

I3838Effect of granting scheduled monument consent on enforcement notice

1

This section applies if, after an enforcement notice has been issued, scheduled monument consent is granted under section 13(2)—

a

authorising any works to which the notice relates that have been carried out in breach of section 11, or

b

authorising works which involve a breach of a condition subject to which a previous consent was granted.

2

The notice ceases to have effect (or does not take effect) so far as it—

a

requires steps to be taken that are inconsistent with the authorisation of the works, or

b

requires steps to be taken for complying with the condition.

3

The fact that an enforcement notice has wholly or partly ceased to have effect by virtue of this section does not affect the liability of any person for an offence in respect of a previous failure to comply with the notice (see section 41).

I3939Appeal against enforcement notice

1

A person on whom a copy of an enforcement notice is served, or any other person with an interest in the monument or land to which the notice relates, may appeal to a magistrates’ court against the notice.

2

An appeal may be made on one or more of the following grounds—

a

that the matters alleged to constitute a breach of section 11 or of a condition of scheduled monument consent have not occurred;

b

that those matters (if they occurred) do not constitute such a breach;

c

that the following conditions are met—

i

works to the monument or land were urgently necessary in the interests of safety or health,

ii

the works carried out were limited to the minimum measures immediately necessary, and

iii

written notice justifying in detail the need for the works was given to the Welsh Ministers as soon as reasonably practicable;

d

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.

Injunctions

I4242Injunction to restrain unauthorised works or failure to comply with condition of consent

1

The Welsh Ministers may apply to the High Court or the county court for an injunction restraining—

a

an actual or expected breach of section 11 (requirement for works to be authorised) in relation to a scheduled monument or land in, on or under which there is a scheduled monument, or

I4545Power to place monument of special historic interest under guardianship

1

A person with a qualifying interest in a monument of special historic interest may, with the agreement of the Welsh Ministers, appoint them by deed as guardians of the monument.

2

A person with a qualifying interest in a monument of special historic interest may, with the agreement of any local authority in or in the vicinity of whose area the monument is situated, appoint the authority by deed as guardian of the monument.

3

A person who is not the occupier of a monument may not establish guardianship of the monument under this section unless the occupier is also a party to the deed.

4

Any other person who has an interest in the monument may be a party to the deed in addition to the person establishing the guardianship of the monument and (where the latter is not the occupier) the occupier.

5

The following interests in a monument are qualifying interests for the purposes of this section—

a

a freehold estate;

b

a leasehold estate, or interest in possession, which—

i

has at least 45 years left to run, or

ii

is renewable for at least 45 years;

c

an interest in possession for the person’s own life or the life of another person, or for lives (whether or not including the person’s own life), under any existing or future trust of land where the estate or interest subject to the trust falls within paragraph (a) or (b).

6

In subsection (5)(c) “trust of land” has the same meaning as in the Trusts of Land and Appointment of Trustees Act 1996 (c. 47).

7

In this Chapter “guardianship deed” means a deed executed under subsection (1) or (2).

I4646Supplementary provision about guardianship deeds

1

A guardianship deed is a local land charge.

2

Every person deriving title to a monument of special historic interest from, through or under any person who has executed a guardianship deed is bound by the deed unless the person derives title by virtue of any disposal made by the person who executed the deed before the date of the deed.

3

The Welsh Ministers or a local authority may not become guardians of a building or structure occupied as a dwelling by any person other than the caretaker of the building or structure or a member of the caretaker’s family.

4

Any person who has any estate or interest in a monument under guardianship has the same right and title to, and estate or interest in, the monument in all respects as if the monument were not under guardianship; but this is subject to any provision to the contrary in this Part.

I4747General functions of guardians

1

The guardian of a monument must maintain it, and may do anything the guardian considers necessary for its maintenance.

2

The guardian of a monument has full control and management of it, and may do anything the guardian considers necessary for its proper control and management.

3

The powers in subsections (1) and (2) include power to—

a

make any examination of the monument;

b

open up the monument or make excavations of it for the purpose of examination or otherwise;

c

remove the whole or any part of the monument to another place for the purposes of preserving it.

4

The power in subsection (2) includes power to require the payment of a charge in connection with any use of the monument.

5

The guardian of a monument may enter the site of the monument for the purpose of exercising any of the guardian’s powers under this section in relation to it (and may authorise any other person to enter the site and exercise those powers on the guardian’s behalf).

6

Subsections (2) to (4) are subject to any provision to the contrary in the guardianship deed.

b

to another local authority.

3

But the Welsh Ministers or a local authority may not transfer the guardianship of a monument or associated land under this section without the agreement of the persons who are for the time being immediately affected by the operation of the guardianship deed.

4

For the purposes of subsection (3) a person is immediately affected by the operation of a guardianship deed relating to a monument or land if the person is bound by that deed and is in possession or occupation of the monument or land.

I5454Disposal of land acquired under this Chapter

b

for its maintenance or preservation;

c

in connection with events held or other organised activities carried out in or on it.

6

The Welsh Ministers or a local authority may also impose other restrictions or controls on public access to a monument, or to any part of it, for a purpose mentioned in subsection (5).

7

The Welsh Ministers or a local authority may charge the public for admission to a monument.

8

The Welsh Ministers or a local authority may refuse a person admission to a monument if they have or it has reason to believe that the person is likely to do anything likely to damage the monument or its amenities or to disturb the public in their enjoyment of it.

I5656Power to make regulations and byelaws in connection with public access to monuments under public control

1

The Welsh Ministers may regulate public access to any monument under their ownership or guardianship by virtue of this Chapter by making regulations that prohibit or regulate any act or thing likely to damage the monument or its amenities or disturb the public in their enjoyment of it.

2

Regulations under subsection (1) may also make provision in relation to any monument under the control or management of the Welsh Ministers otherwise than by virtue of this Chapter.

3

A local authority may regulate public access to any monument under its ownership or guardianship by virtue of this Chapter by making byelaws that prohibit or regulate any act or thing likely to damage the monument or its amenities or disturb the public in their enjoyment of it.

4

A person who fails to comply with provision made by regulations or byelaws under this section commits an offence.

5

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6

Byelaws made under this section may make different provision in relation to different monuments or different descriptions of monument.

7

Byelaws under this section do not take effect unless they are confirmed by the Welsh Ministers.

8

The Welsh Ministers may confirm the byelaws with or without modifications.

I5757Provision of facilities for the public in connection with monuments of special historic interest

1

The Welsh Ministers may provide facilities, information and other services to the public for or in connection with providing public access—

a

to any monument under their ownership or guardianship by virtue of this Chapter, or

b

to any monument otherwise under their control or management.

2

A local authority may provide facilities, information and other services to the public for or in connection with providing public access to any monument under its ownership or guardianship by virtue of this Chapter.

3

Facilities and information or other services for the public may be provided under this section in or on the monument itself or on any land associated with the monument.

4

The Welsh Ministers or a local authority may charge for the use of any facility or service provided by them or it under this section.

CHAPTER 7GENERAL

a

on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

b

on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

I5959Compensation orders for damage to monuments under guardianship

1

Subsection (2) applies where an owner or any other person is convicted of an offence involving damage to a monument which was at the time of the offence under the guardianship of the Welsh Ministers or any local authority by virtue of Chapter 6.

2

Any compensation order made under Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons) in respect of that damage is to be made in favour of the Welsh Ministers or the local authority in question (as the case may require).

I6060Restrictions on use of metal detectors

1

In this section—

“consent” (“cydsyniad”) means the written consent of the Welsh Ministers;
“metal detector” (“datgelydd metel”) means any device designed or adapted for detecting or locating any metal or mineral in the ground;
“protected place” (“man gwarchodedig”) means—
1. a
  the site of any scheduled monument, or
2. b
  the site of any monument under the ownership or guardianship of the Welsh Ministers or a local authority by virtue of Chapter 6.

I6363Advice and supervision of work by Welsh Ministers

1

The Welsh Ministers may give advice about the treatment of any monument of special historic interest.

2

The Welsh Ministers may also supervise any work in connection with any monument of special historic interest if invited to do so by an owner of the monument.

3

The Welsh Ministers must supervise work in connection with any scheduled monument, if they consider it advisable (whether asked to do so by an owner or not).

4

The Welsh Ministers may charge for giving advice or supervising work under this section.

I6464Expenditure by local authorities on archaeological investigation

6

The power in subsection (5) may not be exercised without the agreement of every owner and occupier of the land.

7

In this section “authorised person” means a person authorised in writing by the Welsh Ministers.

I6666Powers of entry relating to enforcement of controls on works

1

An authorised person may enter any land to—

a

determine whether a temporary stop notice should be issued;

b

display a copy of a temporary stop notice in accordance with section 31 or attach it for the purpose of service in accordance with section 206(5)(c);

c

works are being carried out on the land by another person (“P2”),

P1 must, in exercising the power of entry, comply with any reasonable requirements or conditions imposed by P2 for the purpose of preventing interference or delay to the works.

9

Subsection (8) does not apply where the works in question are being carried out in breach of section 11 (requirement for works to be authorised).

10

For the purposes of subsection (8), a requirement or condition is not reasonable if complying with it would frustrate the exercise of the power of entry or the purpose of entry.

11

A person who intentionally obstructs a person exercising a power of entry under this Part commits an offence.

12

A person guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

13

Where a person—

a

in the exercise of the power of entry under section 68, proposes to carry out works authorised by subsection (3) of that section, and

b

is required to give notice of the intended entry under subsection (2)(a) of this section,

the person may not carry out the works unless the notice of intended entry includes notice of the person’s intention to carry them out.

14

Where—

a

in the exercise of the power of entry under section 68, a person proposes to carry out any works authorised by subsection (3) of that section on land that belongs to a statutory undertaker, and

b

the undertaker objects to the proposal on the ground that carrying out of the works would be seriously detrimental to the carrying on of its undertaking,

the person may not carry out the works without the agreement of the Welsh Ministers.

I7070Compensation for damage caused by exercise of certain powers under this Part

1

This section applies to any power to enter, or to do anything on, any land under section 40 or sections 65 to 68.

2

Any person interested in land is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any damage caused to the land or to property on it in the exercise of a power to which this section applies.

3

A claim for compensation under this section must be made in writing within 6 months beginning with the day the damage was caused (or if the damage was caused over more than one day, the last day it was caused).

any subordinate legislation made under this Act or under that Act.

I7474Crown land

1

This Part applies in relation to Crown land only to the extent set out below.

2

A monument situated in, on or under Crown land may be included in the schedule.

3

Any restrictions or powers imposed or conferred by this Part apply and are exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any interest of the Crown in the land.

4

This section does not permit—

a

a power under this Part to enter, or to do anything on, any land to be exercised in relation to Crown land, or

b

an interest in Crown land held otherwise than by or on behalf of the Crown to be acquired compulsorily under this Part,

without the agreement of the appropriate Crown authority.

I7575Interpretation of this Part

1

In this Part—

“archaeological examination” (“archwiliad archaeolegol”) has the meaning given by subsection (3);
“archaeological investigation” (“ymchwiliad archaeolegol”) has the meaning given by subsection (2);
“enforcement notice” (“hysbysiad gorfodi”) means an enforcement notice issued under section 35;
“flooding operations” (“gweithrediadau i foddi tir”) means covering land with water or another liquid or partially liquid substance;
“guardian” (“gwarcheidwad”) is to be interpreted in accordance with sections 45 and 49;
“guardianship deed” (“gweithred warcheidiaeth”) has the meaning given by section 45(7);
“interim protection” (“gwarchodaeth interim”) has the meaning given by section 6(3);
“local authority” (“awdurdod lleol”) means—
1. a
  a county council or county borough council in Wales, and
2. b
  a National Park authority in Wales;
“monument of special historic interest” (“heneb o ddiddordeb hanesyddol arbennig”) has the meaning given by subsection (6);
“possession” (“meddiant”) includes receipt of rents and profits or the right to receive rents and profits (if any);
“the schedule” (“y gofrestr”) has the meaning given by section 3;
“scheduled monument consent” (“cydsyniad heneb gofrestredig”) has the meaning given by section 13;
“temporary stop notice” (“hysbysiad stop dros dro”) means a temporary stop notice issued under section 31;
“tipping operations” (“gweithrediadau tipio”) means tipping soil or spoil or depositing building or other materials or matter (including waste) on any land;
“works” (“gwaith”) includes—
1. a
  flooding or tipping operations,
2. b
  any operations carried out for the purposes of agriculture (within the meaning of the Town and Country Planning Act 1990 (c. 8)) or forestry (including afforestation), and
3. c
  operations of any other description.

2

In this Part “archaeological investigation” means any investigation of land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and includes in the case of an archaeological investigation of land—

I7777Notification of listing or de-listing of building

I7979Interim protection pending decision whether to list building

1

This section applies where the Welsh Ministers serve notice under section 78(1) of a proposal to list a building.

2

From the beginning of the day specified under section 78(3)(b)(ii), this Act (except sections 118 and 137 to 142) and the Town and Country Planning Act 1990 (c. 8) have effect in relation to the building as if it were a listed building.

3

The protection conferred by virtue of subsection (2) is referred to in this Part as “interim protection”.

4

The Welsh Ministers must—

a

publish a list of the buildings subject to interim protection, and

b

provide a copy of the notice served under section 78(1) in respect of such a building to any person who requests one.

5

Interim protection ends in relation to a building—

a

where the Welsh Ministers list the building, at the beginning of the day specified in the notice under section 77(1);

b

where the Welsh Ministers decide not to list the building, at the beginning of the day specified in a notice served on—

i

every owner and occupier of the building, and

ii

every planning authority in whose area the building is situated.

6

Schedule 7 makes provision about the effect of interim protection coming to an end under subsection (5)(b).

7

This section does not apply to a building which is a scheduled monument.

I8080Compensation for loss or damage caused by interim protection

b

modify a ground of review;

c

remove a ground of review.

This section applies if a planning authority considers it urgent that temporary listing should take effect in relation to a building in its area.

2

The authority may, instead of serving a temporary listing notice on each owner and occupier of the building—

a

attach the notice conspicuously to the building, or

b

if it is not reasonably practicable to attach the notice to the building, or the authority considers that doing so might damage the building, display the notice in a prominent place as near to the building as is reasonably practicable.

3

Attaching or displaying a notice in accordance with subsection (2) is to be treated for the purposes of section 83(4) as serving the notice on every owner and occupier of the building.

4

The notice must explain that by virtue of having been attached or displayed in accordance with subsection (2) the notice is treated as having been served for those purposes.

I8585End of temporary listing

1

Temporary listing of a building has effect until the end of the 6 months beginning with the day it takes effect under section 83(4), unless it ends under subsection (2) or (3).

2

If the Welsh Ministers serve notice under section 78(1) of a proposal to list the building, temporary listing ends when interim protection takes effect in relation to the building (and the building continues to be treated as if it were a listed building for certain purposes by virtue of section 79(2)).

3

If the Welsh Ministers notify the planning authority in writing that they do not intend to consult under section 78 on a proposal to list the building, temporary listing ends at the beginning of the day specified in the notification.

4

Schedule 7 makes provision about the effect of temporary listing coming to an end—

a

at the end of the 6-month period mentioned in subsection (1), or

the Welsh Ministers may not list the building or serve notice under section 78(1) of a proposal to list the building;

b

a planning authority in whose area the building is situated may not serve a temporary listing notice in relation to the building.

3

An applicant for a certificate must give notice of the application to every planning authority in whose area the building is situated at the same time as submitting the application to the Welsh Ministers.

CHAPTER 2CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Authorisation of works

I8888Requirement for works to be authorised

1

A person must not carry out works to which this section applies, or cause such works to be carried out, unless the works are authorised under section 89.

2

This section applies to—

a

works for the alteration or extension of a listed building in any way that would affect its character as a building of special architectural or historic interest;

b

works for the demolition of a listed building.

3

But this section does not apply to—

a

works in relation to a building which is a scheduled monument (but see section 11);

b

works in relation to an exempt religious building;

c

works for the demolition of a building closed for regular public worship, or a part of such a building, in accordance with provision made under Part 6 of the Mission and Pastoral Measure 2011 (No. 3) by a pastoral church buildings scheme or a pastoral (church buildings disposal) scheme;

d

works carried out by or on behalf of the Crown in the circumstances set out in paragraphs (a) to (d) of section 117(4) (emergency works).

I8989Authorisation of works by listed building consent

1

Works to which section 88 applies are authorised if—

a

written consent to carry them out has been granted by the planning authority in whose area the building is situated or 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 88 applies have been carried out without being authorised under subsection (1), and

b

the planning authority or the Welsh Ministers grant written consent for the works,

the period specified in regulations made by the Welsh Ministers, or

b

a longer period agreed in writing between the applicant and the planning authority.

in the case of an appeal under subsection (3) of that section, the end of the determination period (which has the same meaning as in that subsection).

I102102Restriction on varying application after service of notice of appeal

1

Once notice of an appeal under section 100 has been served, the application to which the appeal relates may not be varied except in circumstances specified in regulations made by the Welsh Ministers.

2

Where an application is varied under this section, the Welsh Ministers may direct that further consultation must be carried out in relation to the application.

I103103Decision on application after service of notice of appeal

1

This section applies if a person who has made an application for listed building consent appeals under section 100(3) (failure to give notice of decision).

2

The Welsh Ministers must not determine the appeal before the end of the period which is specified in regulations made by the Welsh Ministers and begins with the day the notice of appeal is served.

3

The planning authority may give notice of its decision on the application to which the appeal relates at any time before the end of that period.

4

If the authority gives notice in accordance with subsection (3) that its decision is to refuse the application—

a

the appeal must be treated as an appeal under section 100(2) against the refusal, and

b

the Welsh Ministers must give the appellant the opportunity to revise the grounds of appeal.

5

If the authority gives notice in accordance with subsection (3) that its decision is to grant the application subject to conditions, the Welsh Ministers must give the appellant the opportunity—

a

to proceed with the appeal as an appeal under section 100(2) against the grant of the application subject to conditions, and

b

to revise the grounds of the appeal.

I104104Determination of appeal

1

On an appeal under section 100 the Welsh Ministers may—

a

allow or dismiss the appeal, or

b

reverse or vary any part of the planning authority’s decision on the application to which the appeal relates (whether or not the appeal relates to that part),

and may deal with the application as if it had been made to them.

2

Where the appeal was made under section 100(3) (failure to give notice of decision) and the planning authority has not given notice under section 103(3), it is to be assumed for the purposes of subsection (1) that the authority decided to refuse the application.

3

On an appeal under section 100 the Welsh Ministers may also exercise their power under section 76 to de-list the building to which the appeal relates.

4

Chapter 2 of Part 5 makes provision about the procedure for the consideration of appeals (including provision for them to be determined by persons appointed by the Welsh Ministers).

5

The decision of the Welsh Ministers on an appeal is final.

Special cases

I105105Applications by planning authorities and the Crown

1

The Welsh Ministers may by regulations provide that any provision made by or under this Act is not to apply, or is to apply with modifications, to an application mentioned in subsection (2) that is made—

a

by a planning authority, or

b

by or on behalf of the Crown.

2

The applications referred to in subsection (1) are applications for—

a

listed building consent,

b

the variation or removal of conditions of listed building consent, or

c

approval of details of works under a condition of listed building consent.

3

The regulations may, in particular, provide for an application to be made to the Welsh Ministers.

a

that the first set of conditions is met in relation to the building, and

b

that the first and second sets of conditions are met in relation to any associated land,

the owner may serve a purchase notice on the planning authority in whose area the listed building is situated.

3

A purchase notice is a notice requiring the planning authority to purchase the owner’s interest in the listed building and associated land.

4

The first set of conditions is—

a

c

belongs to His Majesty in right of the Duchy of Lancaster, or

d

belongs to the Duchy of Cornwall.

3

A purchase notice may not be served in respect of a Crown interest or Duchy interest in any other land.

I111111Further provision about service of purchase notice

b

the planning authority in whose area that building or part is situated or the Welsh Ministers.

10

In this section—

“owner” (“perchennog”), in relation to a listed building or part of a listed building, means—
1. a
  an owner of the freehold estate in the building or part, or
2. b
  a tenant under a lease of the building or part granted or extended for a fixed term that has at least 7 years left to run;
“specified” (“penodedig”) means specified or described in a listed building partnership agreement.

disapply, or apply or reproduce with or without modifications, any provision of sections 90 to 104 (granting listed building consent) or Chapter 4 (enforcement) for the purposes of listed building partnership agreements, and

b

provide for any other provision of this Act to apply with modifications that are consequential on provision made under paragraph (a).

I115115Termination of agreement or provision of agreement

1

A planning authority may by order terminate a listed building partnership agreement to which it is a party or any provision of such an agreement.

2

The Welsh Ministers may by order terminate a listed building partnership agreement (whether or not they are a party to it) or any provision of such an agreement.

3

An order under this section may contain supplementary, incidental, transitory, transitional or saving provision.

4

An order under this section terminating a provision which grants listed building consent for any works may be made at any time before the works are completed, but does not affect listed building consent for works carried out before the order takes effect.

5

In Schedule 10—

a

7

The Welsh Ministers may by regulations amend this section, and the regulations may make consequential amendments to any other provision of this Act.

CHAPTER 4ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS

b

on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

7

In determining the amount of any fine to be imposed on a person convicted of an offence under this section, 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.

I118118Offence of intentionally damaging listed building

the authority may instead display a copy in a prominent place as near to the building as is reasonably practicable.

5

The authority may serve a copy of the notice on any person the authority considers—

a

to be carrying out the works that the notice prohibits or causing or permitting them to be carried out,

b

to be an occupier of the listed building to which the notice relates, or

c

to have an interest in the building.

6

A temporary stop notice may not prohibit the carrying out of works of a description, or in circumstances, specified in regulations made by the Welsh Ministers.

I120120Duration etc. of temporary stop notice

1

A temporary stop notice takes effect when a copy of it is first displayed in accordance with section 119.

2

A temporary stop notice ceases to have effect—

a

at the end of 28 days beginning with the day the copy of it is first displayed in accordance with section 119, or

b

if it specifies a shorter period beginning with that day, at the end of that period.

3

But if the planning authority withdraws the notice before the end of the period for which it would otherwise have effect, the notice ceases to have effect when it is withdrawn.

4

A planning authority may not issue a second or subsequent temporary stop notice in relation to the same works unless the authority has, since issuing the previous notice, taken other enforcement action in relation to the breach referred to in section 119(1)(a).

5

In subsection (4) the reference to taking other enforcement action is a reference to—

a

issuing an enforcement notice under section 123, or

b

obtaining an injunction under section 135.

I121121Offence of breaching temporary stop notice

1

A person commits an offence if, at any time when a temporary stop notice has effect, the person carries out works prohibited by the notice or causes or permits such works to be carried out.

2

3

4

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

a

works to the listed building were urgently necessary in the interests of safety or health or for the preservation of the building,

b

it was not practicable to secure safety or health or the preservation of the building by carrying out works of repair or works to provide temporary support or shelter,

c

the works carried out were limited to the minimum measures immediately necessary, and

d

notice in writing justifying in detail the carrying out of the works was given to the planning authority in whose area the building is or was situated as soon as reasonably practicable.

5

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

6

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.

putting the building in the condition it would have been in if the terms of any listed building consent for the works to which the notice relates (including any conditions attached to the consent) had been complied with.

4

Where an enforcement notice imposes a requirement under subsection (3)(b), listed building consent is to be treated as having been granted for any works carried out in compliance with the requirement.

1

Where a planning authority has issued an enforcement notice, it may—

a

withdraw the notice;

b

waive or relax any requirement of the notice, and in particular extend the period within which the notice requires any step to be taken.

2

The authority may exercise the powers in subsection (1) whether or not the notice has taken effect.

3

The withdrawal of an enforcement notice does not prevent the planning authority from issuing another enforcement notice.

4

Subsection (5) applies where the planning authority had served copies of the enforcement notice under section 124(4) before exercising the powers in subsection (1).

5

Immediately after exercising any of those powers, the authority must give notice that it has done so to every person who was served with a copy of the enforcement notice (or who would be served with a copy of the notice if it were reissued).

7

Where an appeal is made on more than one ground, if the appellant fails to give information required under subsection (5) in relation to a ground within the period specified under subsection (6)(b), the Welsh Ministers may determine the appeal without considering that ground.

8

Chapter 2 of Part 5 makes provision about the procedure for the consideration of appeals under this section (including provision for them to be determined by persons appointed by the Welsh Ministers).

I128128Determination of appeal

1

On an appeal under section 127, the Welsh Ministers may—

a

correct any defect, error or misdescription in the enforcement notice to which the appeal relates, or

b

I129129Grounds for appeal not to be raised in other proceedings

The validity of an enforcement notice may not be questioned, on any of the grounds on which an appeal may be made under section 127, in any proceedings except an appeal under that section.

is entitled to receive the rack rent of the land merely as agent or trustee for another person (the “principal”), and

b

does not have, and has not had at any time since the day payment of the costs was demanded, enough money on behalf of the principal to pay the costs in full,

the liability of the agent or trustee is limited to the total amount of money that the agent or trustee has had on behalf of the principal since that day.

3

If subsection (2) prevents a planning authority recovering the whole of its costs from an agent or trustee, it may recover them from the principal, or partly from the principal and partly from the agent or trustee.

4

Where a copy of an enforcement notice has been served in respect of a listed building—

a

costs which an owner or occupier of the building incurs for the purpose of complying with the notice, and

b

amounts which an owner of land pays under subsection (1) in respect of costs incurred by the planning authority in taking steps required by the notice,

are to be treated as incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.

5

The costs recoverable by a planning authority under subsection (1) are, until recovered, a charge on the land to which the enforcement notice relates.

6

The charge takes effect as a local land charge at the beginning of the day after the day the authority completes the step to which the costs relate.

7

Subsection (8) applies where—

a

a planning authority removes materials from land in the course of taking steps required by an enforcement notice, and

b

the owner of the materials does not, within 3 days after the day they are removed, claim the materials and take them away.

8

The planning authority—

a

may sell the materials, and

b

if it does so, must pay the proceeds to the person who owned the materials, after deducting any costs recoverable by it from the person.

9

A planning authority may not recover costs under this section from the Crown.

I133133Offence 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 step to be taken, the step has not been taken, a person who is at that time an owner of the listed building 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 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 steps required by the notice were taken, or

b

that the person was not served with a copy of the enforcement notice and was not aware of its existence.

4

A person guilty of an offence under this section is liable on summary conviction, or on conviction on 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.

Enforcement notices issued by Welsh Ministers

I134134Power of Welsh Ministers to issue enforcement notice

1

The Welsh Ministers may issue an enforcement notice if they consider—

a

b

that it is appropriate to issue the notice, having regard to the effect of the works on the character of the building as a building of special architectural or historic interest.

2

Before issuing the notice, the Welsh Ministers must consult the planning authority in whose area the building is situated.

3

An enforcement notice issued by the Welsh Ministers has the same effect as one issued by a planning authority.

4

Sections 123 to 132 apply in relation to an enforcement notice issued by the Welsh Ministers as if references to a planning authority were references to the Welsh Ministers.

Injunctions

I135135Injunction to restrain unauthorised works or failure to comply with condition of consent

1

A planning authority may apply to the High Court or the county court for an injunction restraining—

a

an actual or expected breach of section 88 (requirement for works to be authorised) in relation to a listed building in its area, or

b

an actual or expected failure to comply with a condition of listed building consent for works to a listed building in its area.

2

An authority may make an application whether or not it has exercised or is proposing to exercise any of its other powers under this Part.

3

The court may grant an injunction on any terms it considers appropriate for the purpose of restraining the breach.

4

Rules of court may provide for an injunction to be issued against a person whose identity is unknown.

5

An injunction may not be issued under this section against the Crown.

CHAPTER 5ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST

the Welsh Ministers are satisfied that they would have confirmed or made a compulsory purchase order in respect of the building had it not been demolished,

the demolition of the building does not prevent the compulsory acquisition of the site of the building under section 137.

4

An acquiring authority may at any time withdraw a repairs notice it has served on any person; and if it does do so, it must immediately give the person notice of the withdrawal.

5

For the purposes of subsection (1) an acquiring authority starts a compulsory acquisition when it serves the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67) or paragraph 3(1) of Schedule 1 to that Act.

I139139Application to stop compulsory acquisition

1

This section applies where a compulsory purchase order for the acquisition of a listed building under section 137 is made by a planning authority or prepared in draft by the Welsh Ministers.

2

Any person who has an interest in the listed building may apply to a magistrates’ court for an order that no further steps may be taken in relation to the compulsory purchase order.

3

The application must be made within 28 days after the day the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67) or paragraph 3(1) of Schedule 1 to that Act is served.

4

If the magistrates’ court is satisfied that reasonable steps have been taken for properly preserving the listed building, it must make the order applied for.

5

Any person aggrieved by the decision of the magistrates’ court on the application may appeal against the decision to the Crown Court.

this Act.

I141141Application for removal of direction for minimum compensation

1

This section applies where a direction for minimum compensation is included in a compulsory purchase order for the acquisition of a listed building under section 137 that is made by a planning authority or prepared in draft by the Welsh Ministers.

2

Any person who has an interest in the listed building may apply to a magistrates’ court for an order that no direction for minimum compensation is to be included in the compulsory purchase order as confirmed or made by the Welsh Ministers.

3

The application must be made within 28 days after the day the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67) or paragraph 3(1) of Schedule 1 to that Act is served.

4

If the magistrates’ court is satisfied that the listed building has not been deliberately allowed to fall into disrepair for the purpose mentioned in section 140(1), it must make the order applied for.

5

Any person aggrieved by the decision of the magistrates’ court on the application may appeal against the decision to the Crown Court.

6

The rights conferred by this section are in addition to, and do not limit, the rights conferred by section 139.

I142142Ending of rights over land acquired compulsorily

1

On the completion of a compulsory acquisition of land under section 137—

a

all private rights of way over the land are extinguished,

b

all rights to install, keep or maintain apparatus on, under or over the land are extinguished, and

c

the acquiring authority becomes entitled to any apparatus on, under or over the land.

2

Subsection (1) does not apply to—

a

any right to which a statutory undertaker is entitled, or apparatus belonging to a statutory undertaker, for the purpose of carrying on its undertaking,

b

any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or any electronic communications apparatus installed for the purposes of such a network, or

c

any right or apparatus specified by the acquiring authority in a direction given before the completion of the acquisition.

3

Subsection (1) is also subject to any agreement (whether made before or after the completion of the acquisition) between the acquiring authority and the person who is entitled to the right or to whom the apparatus belongs.

4

Any person who suffers loss by the extinguishment of a right or the transfer of apparatus under this section is entitled to be paid compensation by the acquiring authority.

5

Compensation under this section is to be determined in accordance with the Land Compensation Act 1961 (c. 33).

6

In subsection (2)(b)—

“electronic communications code” (“cod cyfathrebu electronig”) means the code set out in Schedule 3A to the Communications Act 2003 (c. 21);
“operator” (“gweithredwr”), “electronic communications code network” (“rhwydwaith cod cyfathrebu electronig”) and “electronic communications apparatus” (“cyfarpar cyfathrebu electronig”) have the meanings given by paragraph 1(1) of Schedule 17 to the Communications Act 2003.

Management, use and disposal of buildings

I143143Management, use and disposal of building acquired under this Chapter

c

a listed building on Crown land.

I145145Power to require owner to meet costs of preservation works

1

the amount that they have decided may be recovered.

6

An owner or local authority on whom notice is served under subsection (4)(b) may, within 28 days after the day the notice is served, appeal to the county court against the Welsh Ministers’ decision.

I146146Further provision about recovery of costs of preservation works

b

a National Park authority in Wales;

c

a joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990 (c. 8).

I149149Recovery of grant made by local authority

1

This section applies where a relevant local authority makes a grant under section 148.

2

If any condition imposed on the making of the grant is not complied with, the authority may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

3

Subsections (4) and (5) apply if, during the 3 years beginning with the day the grant is made—

a

there is a disposal of the whole or part of the interest that the recipient of the grant held in the building or garden to which the grant relates on the day the grant was made (“the relevant interest”), and

b

the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

4

If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given part of the relevant interest, the relevant local authority may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

5

If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the authority may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

6

A relevant local authority may not recover amounts under this section which in aggregate exceed the amount of the grant.

7

In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given a part of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

6

If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

7

The Welsh Ministers may not recover amounts under this section which in aggregate exceed the amount of the grant.

8

In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

I151151Acceptance by Welsh Ministers of endowment for upkeep of building

1

This section applies where—

a

an instrument contains a provision purporting to be a gift of property of any kind to the Welsh Ministers on trust to use the income of the property (either for a limited time or indefinitely) for or towards the repair and maintenance of a relevant building, or of a relevant building together with other property,

b

the provision does not create a charitable trust, and

c

the Welsh Ministers accept the gift.

2

In this section—

“endowment trust” (“ymddiriedolaeth waddol”) means the trust referred to in subsection (1)(a);
“relevant building” (“adeilad perthnasol”) means—
1. a
  a building which the Welsh Ministers consider to be of special architectural or historic interest and—
  1. i
    in which, at the time when the trust instrument comes into operation, they are or soon will be entitled to an interest, or
  2. ii
    which at that time is or soon will be under their control or management, or
2. b
  a building which at that time is or soon will be under their guardianship under Chapter 6 of Part 2;
“trust fund” (“cronfa’r ymddiriedolaeth”) means the property given to the Welsh Ministers and any property for the time being representing that property.

3

The validity of the gift and of the endowment trust is not affected, and is to be treated as never having been affected, by any rule of law or equity which would not have affected their validity if the trust had been charitable.

4

While the endowment trust continues the Welsh Ministers have the same powers of management, disposition and investment in relation to the trust fund as are conferred by law on trustees of land in relation to the land and the proceeds of its sale.

5

The powers conferred by subsection (4) are in addition to, and do not limit, any powers conferred on the Welsh Ministers by the trust instrument.

6

If, while the endowment trust continues, an event happens—

a

which has the immediate effect that the Welsh Ministers are not entitled to any interest in the building to which the trust relates and do not have the building under their control or management, and

b

which would not otherwise cause the endowment trust to come to an end or be treated as having failed,

on the happening of that event the endowment trust comes to an end and the trust fund passes as it would on a failure of the trust.

7

Subsection (8) applies if the trust instrument contains a provision purporting to give the trust fund, or to direct the trust fund to be held, on trust for charitable purposes if the endowment trust fails or comes to an end.

8

The validity of the gift or direction is not, and is to be treated as never having been, affected by any rule of law or equity relating to perpetuities.

9

In subsection (4) “trustees of land” has the same meaning as in the Trusts of Land and Appointment of Trustees Act 1996 (c. 47) (see section 1(1) of that Act).

CHAPTER 6GENERAL

I153153Exercise of power to enter land without warrant

1

A power to enter land under section 152 may be exercised at any reasonable time.

2

A person authorised to enter land under section 152 may not demand admission as of right to any land which is occupied unless at least 24 hours’ notice of the intended entry has been given to every occupier.

3

Subsection (2) does not apply to the power to enter land under section 152(4) (temporary stop notices).

4

A person authorised to enter land under section 152—

a

must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land;

b

may take on to the land any other persons that are necessary;

the appropriate Crown authority.

8

Subsections (2) to (6) do not apply to anything done by virtue of subsection (7).

9

In subsection (6) “appropriate Minister” has the meaning given by section 265 of the Town and Country Planning Act 1990 (c. 8).

must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

7

A warrant under this section ceases to have effect at the end of 1 month beginning with the day it is issued.

8

This section does not apply in relation to Crown land.

I155155Supplementary provision about powers of entry

1

This section applies where a person has a power to enter land conferred by section 152 or by a warrant under section 154.

2

A person who intentionally obstructs a person exercising the power of entry commits an offence.

3

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

If damage is caused to land or other property—

a

in the exercise of the power of entry, or

b

in making any survey for the purpose of which the power of entry was conferred,

PART 4CONSERVATION AREAS

Designation of conservation areas

I158158Designating areas of special architectural or historic interest as conservation areas

1

A planning authority must—

a

from time to time determine which parts of its area are areas of special architectural or historic interest whose character or appearance it is desirable to preserve or enhance, and

b

designate those parts as conservation areas.

2

A planning authority may vary or cancel a designation.

3

If a planning authority designates a conservation area, or varies or cancels a designation, it must give notice that it has done so to the Welsh Ministers.

4

The notice must contain enough information to identify the area affected.

5

The planning authority must publish the notice with an explanation of the effect of the designation, variation or cancellation—

a

in the London Gazette, and

b

in at least one newspaper circulating in the authority’s area.

6

A designation under this section is a local land charge.

Duties relating to conservation areas

I159159Duty to formulate and publish proposals for preservation and enhancement of conservation areas

1

A planning authority must from time to time prepare and publish proposals for the preservation and enhancement of any part of its area which is a conservation area.

2

The authority must submit the proposals for consideration to a public meeting held in the conservation area to which the proposals relate or, where there is no suitable place in the conservation area, as near to it as reasonably practicable.

3

The authority must have regard to any views about the proposals which are expressed at the meeting.

I160160Exercise of planning functions: general duty relating to conservation areas

1

In exercising a planning function in relation to a building or other land in a conservation area, a person must have special regard to the desirability of preserving or enhancing the character or appearance of that area.

2

In this section “planning function” means any function under or by virtue of—

a

Part 3, this Part, Part 5 or Part 7 as it applies for the purposes of any of those Parts,

b

the Town and Country Planning Act 1990 (c. 8), or

c

section 70 or 73 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (estate management schemes).

Control of demolition in conservation areas

I161161Requirement for demolition to be authorised

1

A person must not carry out works for the demolition of a building to which this section applies, or cause such works to be carried out, unless the works are authorised under section 162.

2

This section applies to any building in a conservation area, except—

a

a building which is a scheduled monument (but see section 11);

b

a listed building (but see section 88);

c

a building of a description specified in regulations made by the Welsh Ministers;

d

a building of a description specified in a direction given to an individual planning authority by the Welsh Ministers.

3

The Welsh Ministers may direct a planning authority that, despite any provision made by regulations under subsection (2)(c), this section is to apply to a building of a description specified in the direction.

4

Subsection (1) does not prohibit works carried out by or on behalf of the Crown in the circumstances set out in paragraphs (a) to (d) of section 117(4) (emergency works).

5

Schedule 11 makes provision about the effect of this section ceasing to apply to a building.

I162162Authorisation of demolition by conservation area consent

1

Works for the demolition of a building to which section 161 applies are authorised if—

a

written consent to carry them out has been granted by the planning authority in whose area the building is situated or 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 for the demolition of a building to which section 161 applies have been carried out without being authorised, and

b

the planning authority or the Welsh Ministers grant written consent for the works,

the works are authorised from the grant of that consent.

3

Consent under subsection (1) or (2) is referred to in this Act as conservation area consent.

3

The following provisions of this section apply where—

a

the Welsh Ministers make a grant under subsection (1) in relation to a building or other land on terms which provide for it to be recoverable under this section, and

b

before or on making the grant the Welsh Ministers give notice in writing to the recipient of the grant which—

i

summarises the effect of this section, and

ii

4

If any condition imposed on the making of the grant is not complied with, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

5

Subsections (6) and (7) apply if during the recovery period—

a

there is a disposal of the whole or part of the interest that the recipient of the grant held in the building or other land to which the grant relates on the day the grant was made (“the relevant interest”), and

b

the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

6

If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given part of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

7

8

The Welsh Ministers may not recover amounts under this section which in aggregate exceed the amount of the grant.

9

In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

I166166Conservation area agreements

1

The Welsh Ministers may make a conservation area agreement with one or more planning authorities.

2

A conservation area agreement is an agreement that a specified amount of money will be set aside for a specified period of years for the purpose of making grants for the repair of buildings which are situated in a conservation area and—

a

included in a list compiled for the purposes of the agreement by the parties to it, or by them and other planning authorities, or

b

shown on a map prepared for those purposes by the parties, or by them and other planning authorities.

3

The Welsh Ministers may pay a grant for the purposes of a conservation area agreement to a planning authority which is a party to the agreement or any other person.

4

The Welsh Ministers may make arrangements with any such authority about how the agreement is to be carried out (including arrangements for the offer and payment of grants under this section).

5

Section 165(4) to (9) apply to a grant under this section, but taking the recovery period to be 3 years beginning with the day the grant is made.

PART 5SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS

CHAPTER 1EXERCISE OF FUNCTIONS BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES

I167167Fees and charges for exercising functions

1

The Welsh Ministers may by regulations require the payment of a fee or charge to a planning authority for—

a

performing any of its functions under Part 3, Part 4, this Part or Part 7 as it applies for the purposes of any of those Parts;

b

doing anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of those functions.

2

Regulations under this section may in particular—

a

make provision about when a fee or charge must be paid;

b

make provision about who must pay a fee or charge;

c

make provision about how a fee or charge is to be calculated (including who is to make the calculation);

d

specify circumstances in which a fee or charge is to be waived or refunded (wholly or in part);

e

specify circumstances in which no fee or charge is to be paid;

f

make provision about the effect of paying or failing to pay a fee or charge in accordance with the regulations (which may include provision that amends, repeals or revokes any enactment, including any provision of this Act);

g

specify circumstances in which a fee or charge payable to one planning authority is to be transferred to another planning authority.

3

If regulations under this section provide for a planning authority to calculate the amount of any fees or charges, the authority must ensure that, taking one financial year with another, its income from the fees or charges does not exceed the cost of performing the functions, or doing the things, to which they relate.

I168168Arrangements for exercising functions in relation to applications

1

Sections 319ZA to 319ZD of the Town and Country Planning Act 1990 (c. 8) (discharge of functions relating to applications) apply to the exercise by a planning authority of its functions in relation to applications under or by virtue of Parts 3 and 4 as they apply to the exercise of its functions in relation to applications under that Act.

2

The validity of a consent or determination granted or made, or purported to be granted or made, by a planning authority in respect of an application made under or by virtue of either of those Parts may not be questioned in any legal proceedings, or in any other proceedings under this Act, on the ground that the consent or determination should have been granted or made by another planning authority.

I169169Arrangements for obtaining specialist advice

1

The Welsh Ministers may at any time direct a planning authority to submit for their approval the arrangements the authority proposes to make for obtaining specialist advice in connection with its relevant functions.

2

The authority must submit its proposed arrangements to the Welsh Ministers within the period specified in the direction.

3

If the Welsh Ministers are not satisfied with the arrangements that the authority (“authority A”) proposes to make, they may direct authority A and another planning authority specified in the direction (“authority B”)—

a

to make an agreement under section 113 of the Local Government Act 1972 (c. 70) to place the services of persons employed by authority B who are qualified to give the specialist advice at the disposal of authority A, or

b

to make arrangements for authority B to exercise of any of the relevant functions of authority A.

4

A direction under subsection (3)(b) may make provision about the terms of the arrangements.

5

Before giving a direction under subsection (3) the Welsh Ministers must consult both planning authorities.

6

For the purposes of this section the relevant functions of a planning authority are its functions under or by virtue of—

a

sections 83 and 84 (temporary listing of buildings),

b

Chapter 2 (grant, modification and revocation of consent) of Part 3,

c

Chapter 3 (listed building partnership agreements) of that Part,

d

Chapter 4 (enforcement of controls) of that Part,

e

section 314A(1) of the Town and Country Planning Act 1990 (c. 8) (planning permission for development affecting listed buildings), and

f

sections 158 to 163 of this Act (designation of conservation areas, duties of planning authorities and control of demolition).

I170170Form of documents

The Welsh Ministers may by regulations specify the form and content of any notice, order or other document that a local authority is authorised or required to serve, make or issue under or by virtue of Part 3, Part 4, this Part or Part 7 as it applies for the purposes of any of those Parts.

I171171Contributions towards expenditure by local authorities

1

Any local authority or statutory undertaker may contribute towards expenditure incurred by a planning authority or other local authority in or in connection with the exercise of its functions under Part 3 (including its functions under that Part as applied by section 163).

2

Subsection (1) does not apply to expenditure incurred—

a

in the payment of compensation under sections 80, 86, 108, 116 and 122 (but this does not prevent an authority complying with a direction under subsection (3)(b)), or

b

in or in connection with the exercise of functions under sections 143 to 146, 148 and 149.

3

Where compensation is payable by a planning authority or other local authority in consequence of anything done under Chapters 1 to 4 of Part 3 (including anything done under Chapter 2 or 4 of that Part as applied by section 163), the Welsh Ministers may—

a

contribute towards the payment of the compensation, if the thing was done wholly or partly in the interest of a service which is provided by the Welsh Ministers, or

b

direct another local authority to contribute an amount that the Welsh Ministers consider reasonable, having regard to any benefit accruing to that other authority as a result of the thing being done.

4

Subsection (3)(b) does not apply where a planning authority is liable to pay compensation under section 116 in consequence of the termination of a listed building partnership agreement or a provision of such an agreement.

5

In such a case, the Welsh Ministers may direct any other planning authority that is or was a party to the agreement to reimburse the authority by which the compensation is payable, in whole or in part.

6

The Welsh Ministers may not give a direction under subsection (5) unless they have consulted all of the planning authorities that are or were parties to the agreement.

CHAPTER 2PROCEEDINGS BEFORE THE WELSH MINISTERS

Procedural provisions applying to appeals to Welsh Ministers

I172172Fees for appeals

1

The Welsh Ministers may by regulations require a person who makes an appeal to which this section applies to pay a fee to the Welsh Ministers.

2

This section applies to—

a

an appeal under section 100 (appeal against decision or failure to make decision on application for listed building consent or conservation area consent, for the variation or removal of conditions or for approval of details);

b

an appeal under section 127 (appeal against enforcement notice).

3

Regulations under this section may in particular—

a

make provision about when a fee must be paid;

b

make provision about how a fee is to be calculated (including who is to make the calculation);

c

specify circumstances in which a fee is to be waived or refunded (wholly or in part);

d

specify circumstances in which no fee is to be paid;

e

make provision about the effect of paying or failing to pay a fee in accordance with the regulations (which may include provision that amends, repeals or revokes any enactment, including any provision of this Act).

I173173Determination of appeal by appointed person

1

An appeal to which this section applies is to be determined by a person appointed by the Welsh Ministers (instead of by the Welsh Ministers).

2

This section applies to—

modify a description of proceedings.

where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or

c

where steps have been taken in pursuance of such a direction and a further direction is given revoking that direction,

The Welsh Ministers may cause a local inquiry to be held for the purposes of the exercise of any of their functions under or by virtue of Part 3, Part 4 or this Part.

2

See also paragraph 3(1) of Schedule 12 for the power of a person appointed by the Welsh Ministers under section 173 to hold a local inquiry in connection with an appeal.

in relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, 6 months;

b

in relation to an offence committed after it comes into force, 51 weeks.

In this section and section 179, “ministerial authority” means the Welsh Ministers or the Secretary of State.

I179179Payment of appointed representative where access to evidence restricted

I181181Orders relating to costs of parties

1

This section applies to the following proceedings—

Validity of decisions and orders

I182182Validity of certain decisions and orders relating to buildings

1

The validity of a decision or order to which this section applies may not be questioned in any legal proceedings except an application for statutory review under section 183.

2

The decisions to which this section applies are—

a

a decision on a review under section 81 (review of listing decision);

b

a decision on an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);

c

a decision on an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);

d

a decision on an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);

e

a decision under paragraph 2 of Schedule 9 to confirm or not to confirm a purchase notice, including—

i

a decision to confirm the notice in relation to only part of the land to which it relates, and

ii

a decision to grant listed building consen‍t or conservation area consent, or direct that consent must be granted, instead of confirming the notice in relation to the land or any part of it;

f

a decision under section 128(3)(a) or (b) (determination of appeal against enforcement notice) to grant listed building consent or conservation area consent or remove a condition of consent.

3

The orders to which this section applies are—

a

an order under section 107 (modification or revocation of consent) made by a planning authority (whether or not it has been confirmed by the Welsh Ministers) or the Welsh Ministers;

b

an order under section 115 (termination of listed building partnership agreement or provision of agreement) made by a planning authority or the Welsh Ministers;

c

an order under section 181(orders relating to costs of parties) made in connection with a decision mentioned in subsection (2) or an order mentioned in paragraph (a) or (b).

4

This section does not prevent any court exercising any jurisdiction in relation to a refusal or failure to make a decision to which this section applies.

a

is contained in any part of the decision document which records the decision, but

b

is not part of any reasons given for the decision,

gives notice of a decision not to correct it.

7

The Welsh Ministers must serve the correction notice on—

a

the applicant;

b

if the applicant is not the owner of the building or other land to which the original decision relates, every owner of the building or land;

c

the planning authority;

d

if the correction was requested by any other person, that person;

e

any other person who is specified, or is of a description specified, in regulations made by the Welsh Ministers.

8

Where the decision document was issued by a person appointed under section 173, the functions of the Welsh Ministers under this section may also be exercised by that person or by any other person appointed under that section to determine appeals instead of the Welsh Ministers.

9

In this section—

“the applicant” (“y ceisydd”) means the person who made the application or appeal, or served the purchase notice, to which the original decision relates;
“owner” (“perchennog”), in relation to a building or other land, means—
1. a
  an owner of the freehold estate in the building or land, or
2. b
  a tenant under a lease of the building or land granted or extended for a fixed term that has at least 7 years left to run;
“the planning authority” (“yr awdurdod cynllunio”) means the planning authority in whose area the building or other land to which the original decision relates is situated.

I187187Effect and validity of correction notice

1

If a correction is made under section 186—

a

the original decision is to be treated as not having been made;

b

the decision is to be treated for all purposes as having been made on the day the correction notice is issued.

2

If a correction is not made—

a

the original decision continues to have effect;

b

section 186 and this section do not affect anything done in pursuance of or in relation to the decision.

3

Where a correction notice is issued in relation to a decision to which section 182 applies, section 183 applies to the correction notice as if it were a decision to which section 182 applies.

4

Where a correction notice is issued in relation to a decision to which section 184 applies, section 184 applies to the correction notice as if it were a decision to which that section applies.

5

Where regulations under section 185(2)(c) specify a description of decision, the Welsh Ministers must by regulations make provision which corresponds to section 183 or 184 for questioning the validity of a correction notice issued in relation to a decision of that description.

6

The validity of a correction notice may not be questioned in any legal proceedings except to the extent provided by virtue of this section.

CHAPTER 4GENERAL

The Crown

I188188Representation of Crown and Duchy interests in land

1

This section applies to anything that is required or authorised to be done for the purposes of Part 3, Part 4 or this Part by or in relation to an owner of an interest in land (including an interest only as an occupier of the land).

2

To the extent that the interest is a Crown interest or a Duchy interest, the thing must be done by or in relation to the appropriate Crown authority.

I189189Service of documents on the Crown

1

This section applies where a notice or other document is required or authorised under or by virtue of Part 3, Part 4 or this Part to be served on the Crown.

2

The document must be served on the appropriate Crown authority.

3

Sections 205 and 206 (general provisions about methods of service) do not apply to the service of the document.

I190190Enforcement steps in relation to Crown land

1

A planning authority must not take a relevant enforcement step in relation to Crown land without the agreement of the appropriate Crown authority.

2

The appropriate Crown authority may give agreement subject to conditions.

3

In this section “relevant enforcement step” means anything done in connection with the enforcement of a requirement or prohibition imposed by or under Part 3, Part 4 or this Part.

4

It includes—

a

entering land, and

b

bringing proceedings or making an application.

5

But it does not include—

a

issuing or serving a notice (for example an enforcement notice or temporary stop notice), or

b

making an order (for example an order under section 107 or 115).

Interpretation

I191191Meaning of “local authority” in this Part

In this Part “local authority” has the meaning given by section 157.

PART 6OTHER HERITAGE ASSETS AND RECORDS

Historic place names

I195195Access to historic environment records

1

The Welsh Ministers must—

a

make every historic environment record available for public inspection, and

providing advice or assistance under subsection (1)(b);

b

providing a copy or details under subsection (2);

c

compiling a document under subsection (3).

6

A fee must be calculated by reference to the cost of providing the service to which the fee relates.

The Welsh Ministers must lay before Senedd Cymru any guidance issued under this section.

PART 7GENERAL

b

a local authority (within the meaning given by section 157).

I198198Offences in connection with section 197

1

A person required to provide information by a notice under section 197 commits an offence if the person fails, without reasonable excuse, to provide the information.

2

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

A person required to provide information by a notice under section 197 commits an offence if the person, in purported compliance with the notice, knowingly provides information which is false or misleading in a material respect.

4

A person guilty of an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.

I199199Information about interests in Crown land

3

In this section “senior officer” means a director, manager, secretary or other similar officer of the body corporate.

4

But in the case of a body corporate whose affairs are managed by its members, “director” means a member of the body.

I201201Civil sanctions

I203203Determination of compensation claims by Upper Tribunal

1

Any dispute about compensation under this Act is to be referred to and determined by the Upper Tribunal.

2

Section 4 of the Land Compensation Act 1961 (c. 33) (costs) applies to the determination of a question referred under this section as it applies to the determination of a question referred under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.

I204204Compensation for depreciation of value of land

b

legible in all material respects, and

c

capable of being used for subsequent reference.

4

Where an electronic communication is used to serve a document on a person and is received by the person outside the person’s business hours, the document is to be treated as having been served on the next working day.

5

See section 233 of the Local Government Act 1972 (c. 70) for additional provision about the methods by which local authorities may serve documents.

I206206Additional provision about service on persons interested in or occupying land

b

references to a government department include a Minister of the Crown and the Senedd Commission (and see section 85 of the Government of Wales Act 2006 (c. 32), which provides for references to a government department to include the Welsh Ministers, the First Minister and the Counsel General).

I208208Church of England land

1

Where any provision contained in or made under this Act requires or authorises a notice or other document to be served on an owner of land, and the land is Church of England land, a corresponding document must also be served on the appropriate Board of Finance.

2

Church of England land belonging to an ecclesiastical benefice which is vacant is to be treated for the purposes of this Act as belonging to the appropriate Board of Finance.

3

Any compensation payable under this Act in relation to Church of England land must be—

a

paid to the appropriate Board of Finance, and

b

applied by that Board for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Church Measure authorising or disposing of the proceeds of such a sale.

4

Where an amount is recoverable under section 22 in relation to Church of England land, the appropriate Board of Finance may apply any money or securities held by it towards repaying that amount.

5

In this section—

“appropriate Board of Finance” (“Bwrdd Cyllid priodol”), in relation to any land, means the Diocesan Board of Finance for the diocese in which the land is situated;
“Church Measure” (“Mesur gan Eglwys Loegr”) means a Measure of the Church Assembly or of the General Synod of the Church of England;
“Church of England land” (“tir Eglwys Loegr”) means land which—
1. a
  belongs to an ecclesiastical benefice of the Church of England,
2. b
  is or forms part of a church subject to the jurisdiction of a bishop of a diocese of the Church of England or the site of such a church, or
3. c
  is or forms part of a burial ground subject to the jurisdiction of such a bishop.

Regulations under subsection (3) may amend, repeal or revoke any enactment (including any provision of this Act).

I212212Coming into force

1

The following provisions come into force on the day after the day this Act receives Royal Assent—

a

Part 1;

b

section 209;

c

section 210;

d

section 211(3) and (4);

e

this section;

f

section 213.

2

The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

3

An order under subsection (2) may make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

I213213Short title

The short title of this Act is the Historic Environment (Wales) Act 2023.

SCHEDULE 1END OF INTERIM PROTECTION FOR MONUMENTS

(introduced by section 7(4))

I2141Application of this Schedule

This Schedule applies where interim protection ends in relation to a monument because of a notice under section 7(1)(b) or (2)(b).

I2152Criminal liability

The fact that interim protection has ended does not affect the liability of any person to be prosecuted and punished for an offence under‍ this Act committed while the interim protection had effect.

I2163Scheduled monument consent

Any proceedings on or arising out of an application for scheduled monument consent relating to the monument lapse, in so far as they relate to consent required by virtue of the interim protection; and any such consent ceases to have effect to the same extent.

I2174Temporary stop notices

Any temporary stop notice relating to the monument ceases to have effect, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.

I2185Enforcement notices

1

Any enforcement notice relating to the monument ceases to have effect, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.

2

Any proceedings under section 39 or 40(3) relating to an enforcement notice lapse, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.

3

3

Sub-paragraph (2) does not require any person to be given an opportunity to make fresh representations or to modify or withdraw any representations already made.

I2223Appointment of assessor to assist appointed person

An appointed person may appoint an assessor to provide advice on—

a

any matters arising at a local inquiry or hearing held by the appointed person in connection with a review or in consequence of such an inquiry or hearing, or

b

any matters arising in written representations made to the appointed person in connection with such a review or in consequence of such representations.

I2234Directions

The Welsh Ministers may direct that anything that would fall to be done by an appointed person in connection with a review, other than making a decision on the review, is to be done instead by the Welsh Ministers.

I2245Delegation

1

An appointed person may delegate to another person anything that would fall to be done by the appointed person in connection with a review, other than—

a

the conduct of a local inquiry or hearing, and

b

the making of a decision on the review under section 9(3)(b) or 81(3)(b).

2

The appointed person may determine the extent and terms of a delegation under sub-paragraph (1) and may amend or revoke the delegation.

I2256Public Services Ombudsman (Wales) Act 2019 (anaw 3)

Where an appointed person is a member of the staff of the Welsh Government, the person’s functions of making a decision on a review and doing anything in connection with it are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2019 (anaw 3) as functions of the Welsh Government.

SCHEDULE 3AUTHORISATION FOR CLASSES OF WORKS

(introduced by section 12(1))

TABLE

Name of class	Authorised works
Class 1: Agricultural, Horticultural and Forestry Works	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— 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; b in the case of other land, works likely to disturb the soil below a depth of 300 millimetres; 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; d the demolition, removal, extension, alteration or disturbance of a building, structure or work or of the remains of a building, structure or work; e the erection of a building or structure; 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— a “domestic gardening works” includes works carried out in the non-commercial cultivation of allotments; b “horticultural works” includes domestic gardening works; c works are to be treated as having been carried out lawfully if— 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; 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).
Class 2: Coal mining operations	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)).
Class 3: Works by Canal & River Trust	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.
Class 4: Works for the repair or maintenance of machinery	Works of repair or maintenance to machinery, except works involving a material alteration to a scheduled monument.
Class 5: Works carried out by Historic England	Works carried out by the Historic Buildings and Monuments Commission for England.
Class 6: Works of archaeological evaluation	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— a to supply the Welsh Ministers with information required by them to determine the application, b under the supervision of a person approved in writing by the Welsh Ministers, and c in accordance with a written specification approved by the Welsh Ministers.
Class 7: Works grant aided 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.
Class 8: Works undertaken by the Royal Commission on the Ancient and Historical Monuments of Wales	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.

4

Where a proposed modification would affect the carrying out of any of the works to which the consent relates in any other way, the notice must provide that the works must not be carried out on or after a day specified by the notice in a way specified in the notice.

5

A notice of proposed revocation must provide that the works to which the scheduled monument consent relates must not be carried out on or after a day specified by the notice.

consider each objection made as described in sub-paragraph (2)(c) and not withdrawn, and

b

if an inquiry or hearing has been held under sub-paragraph (3), consider the report of the person who held it.

5

a

every other person served with the notice of proposed termination, and

b

any other person the Welsh Ministers consider appropriate.

6

Where the Welsh Ministers make an order under section 27 by virtue of sub-paragraph (2)(a) or (b), the order must be made on the terms set out by the notice of proposed termination.

7

Where the Welsh Ministers make an order under section 27 by virtue of sub-paragraph (2)(c), the order may be made either on the terms set out by the notice of proposed termination or with‍ modifications.

I2354Notification once order made

As soon as practicable after making an order under section 27 the Welsh Ministers must send a copy of the order—

a

to every person on whom a notice of proposed termination was served, and

b

where—

in relation to an offence committed after it comes into force, 51 weeks.

Any proceedings on or arising out of an application for listed building consent relating to the building lapse; and any such consent ceases to have effect.

I2444Temporary stop notices

Any temporary stop notice relating to the building ceases to have effect.

I2455Enforcement notices

1

Any enforcement notice relating to the building ceases to have effect.

2

Any proceedings on an appeal against such a notice lapse.

3

Despite sub-paragraph (1), section 132(1) to (6) continue to have effect in relation to—

a

2

The notice must specify the period within which a person on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.

3

If a person on whom the notice is served makes such a request within that period, before confirming the order the Welsh Ministers must give such an opportunity to that person and the planning authority.

4

The period specified under sub-paragraph (2) must be at least 28 days beginning with the day after the day the notice is served.

5

The Welsh Ministers may confirm the order with or without modifications.

the Welsh Ministers have not directed that the order must be submitted to them for confirmation,

the order takes effect at the end of the period specified under sub-paragraph (3)(b).

5

The period specified under sub-paragraph (3)(a) must be at least 28 days beginning with the day after the day the notice of the making of the order is first published.

6

The period specified under sub-paragraph (3)(b) must be at least 14 days after the end of the period specified under sub-paragraph (3)(a).

PART 2ORDERS MADE BY THE WELSH MINISTERS

I2504Procedure to be followed before making order

1

The Welsh Ministers must not make an order under section 107 without consulting the planning authority in whose area the listed building to which the order relates is situated.

2

Before making an order under section 107 the Welsh Ministers must also serve notice of the proposed order on—

a

every owner and occupier of the building, and

b

any other person they think will be affected by the order.

3

4

If a person on whom the notice is served makes such a request within that period, before making the order the Welsh Ministers must give such an opportunity to that person and the planning authority.

5

The period specified under sub-paragraph (3) must be at least 28 days beginning with the day after the day the notice is served.

SCHEDULE 9ACTION FOLLOWING SERVICE OF PURCHASE NOTICE

(introduced by section 112)

A notice to treat which is treated as having been served by virtue of sub-paragraph (5)(b) may not be withdrawn under section 31 of the Land Compensation Act 1961 (c. 33).

I2522Action to be taken by Welsh Ministers on rejection of purchase notice by planning authority

1

This paragraph applies where a copy of a purchase notice is sent to the Welsh Ministers under paragraph 1(6).

2

The Welsh Ministers must confirm the purchase notice if they are satisfied—

a

that the sets of conditions in section 109 are met in relation to the land to which the notice relates, and

b

that the land to which the notice relates includes all of the land adjoining or adjacent to the listed building that they consider is required—

i

for preserving the building or its amenities,

ii

for providing or facilitating access to it, or

iii

for its proper control or management,

but this is subject to the following provisions.

3

If the Welsh Ministers are satisfied that the sets of conditions in section 109 are met only in relation to part of the land, they must confirm the notice only in relation to that part.

4

Instead of confirming the purchase notice, the Welsh Ministers may—

a

in the case of a notice served in consequence of a refusal of listed building consent for any works, grant listed building consent for the works;

b

in the case of a notice served in consequence of a grant of listed building consent for any works subject to conditions, vary or remove the conditions so far as they consider necessary to enable the land to which the notice relates to be made‍ usable by carrying out the works;

c

in the case of a notice served in consequence of an order under section 107 revoking listed building consent, revoke the order;

d

in the case of a notice served in consequence of an order under that section modifying listed building consent for any works by imposing conditions, vary or remove the conditions so far as they consider necessary to enable the land to which the notice relates to be made‍ usable by carrying out the works.

5

Sub-paragraph (6) applies if the Welsh Ministers consider that the land to which the notice relates, or any part of it, could be made‍ usable within a reasonable time by carrying out—

a

any other works for which listed building consent ought to be granted, or

b

any development for which planning permission ought to be granted.

6

Instead of confirming the purchase notice in relation to the land or that part of it, the Welsh Ministers may direct that, if an application is made for listed building consent for those works, or for planning permission for that development, it must be granted.

7

In confirming a purchase notice the Welsh Ministers may, if they consider it appropriate having regard to the probable ultimate use of the land to which the notice relates, modify the notice in relation to all or any part of the land by substituting another local authority or statutory undertaker for the planning authority on which the notice was served.

8

If the Welsh Ministers are not satisfied as mentioned in sub-paragraph (2) in relation to a purchase notice, they must refuse to confirm the notice.

9

In this paragraph references to the land to which a purchase notice relates are to the listed building and associated land (if any) in respect of which the notice is served.

I2533Procedure before Welsh Ministers take action in relation to purchase notice

1

Before taking any action in relation to a purchase notice under paragraph 2, the Welsh Ministers must serve notice of their proposed action—

a

on the person who served the purchase notice,

b

on the planning authority on which the purchase notice was served, and

c

if they propose to substitute any other local authority or statutory undertaker for the planning authority, on the other local authority or statutory undertaker.

2

A notice under sub-paragraph (1) must specify the period within which any of the persons on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.

3

If a person on whom the notice is served makes a request within that period, the Welsh Ministers must give that person such an opportunity before they take any action in relation to the purchase notice under paragraph 2.

4

The period specified under sub-paragraph (2) must be at least 28 days beginning with the day after the day the notice under sub-paragraph (1) is served.

5

If, after any persons have appeared before and been heard by an appointed person, the Welsh Ministers consider it appropriate to take action under paragraph 2 otherwise than in accordance with the notice served under sub-paragraph (1), they may do so.

In this paragraph references to the land to which a purchase notice relates are to the listed building and associated land (if any) in respect of which the notice is served.

I2555Legal challenge to Welsh Ministers’ action in relation to purchase notice

1

If a decision of the Welsh Ministers to take any action in relation to a purchase notice under paragraph 2 is quashed in proceedings under section 183, the purchase notice is to be treated as cancelled, but the person who served it may serve a further purchase notice.

2

For the purpose of determining whether the further purchase notice has been served within the time specified in section 111(1), the decision to which the notice relates is to be treated as having been made, or the order to which it relates is to be treated as having taken effect, on the day the Welsh Ministers’ decision was quashed.

I2566Deduction of compensation payable under section 108 on acquisition

Where compensation is payable under section 108 (compensation where consent is modified or revoked) for expenditure incurred in carrying out works to a listed building, any compensation that becomes payable in respect of the acquisition of an interest in the building and any associated land in pursuance of a purchase notice must be reduced by the amount of the compensation relating to the works.

I2577Interpretation of Schedule

1

In this Schedule—

“associated land” (“tir cysylltiedig”)‍ and “usable” (“defnyddiadwy”) have the meanings given by section 109(6);
“statutory undertaker” (“ymgymerwr statudol”) includes an electronic communications code operator and a former public telecommunications operator.

2

In the definition of “statutory undertaker” in sub-paragraph (1)—

“electronic communications code operator” (“gweithredwr cod cyfathrebu electronig”) has the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003 (c. 21);
“former public telecommunications operator” (“cyn-weithredwr telathrebu cyhoeddus”) has the meaning given to “former PTO” by paragraph 1(1) of Schedule 17 to the Communications Act 2003.

SCHEDULE 10PROCEDURE FOR ORDERS TERMINATING LISTED BUILDING PARTNERSHIP AGREEMENTS

(introduced by section 115(5))

PART 1ORDERS MADE BY PLANNING AUTHORITIES

I2581Requirement for confirmation by Welsh Ministers

1

An order under section 115 made by a planning authority does not take effect unless it is confirmed by the Welsh Ministers.

2

Where a planning authority submits an order to the Welsh Ministers for confirmation, it must serve notice of the submission of the order on—

a

the other parties to the listed building partnership agreement,

b

any other person occupying the listed building, or the part of a listed building, to which the agreement relates under a lease granted or extended for a fixed term that has at least 2 years left to run, and

c

any other person the authority thinks will be affected by the order.

3

4

If a person on whom the notice is served makes such a request within that period, before confirming the order the Welsh Ministers must give such an opportunity to that person and each planning authority that is a party to the listed building partnership agreement.

5

The period specified under sub-paragraph (3) must be at least 28 days beginning with the day after the day the notice is served.

6

The Welsh Ministers may confirm the order with or without modifications.

PART 2ORDERS MADE BY THE WELSH MINISTERS

I2592Procedure to be followed before making order

1

Before making an order under section 115, the Welsh Ministers must serve notice of the proposed order on—

a

the parties to the listed building partnership agreement (or if the Welsh Ministers are a party to the agreement, the other parties to it),

b

c

any other person the Welsh Ministers think will be affected by the order.

2

3

If a person on whom the notice is served makes such a request within that period, before making the order the Welsh Ministers must give such an opportunity to that person and any planning authority that is a party to the listed building partnership agreement.

4

The period specified under sub-paragraph (2) must be at least 28 days beginning with the day after the day the notice is served.

SCHEDULE 11EFFECT OF SECTION 161 CEASING TO APPLY TO BUILDING

(introduced by section 161(5))

I2601Introduction

This Schedule applies where a building ceases to be a building to which section 161 applies.

I2612Criminal liability

The fact that the building ceases to be a building to which section 161 applies does not affect the liability of any person to be prosecuted and punished for an offence‍ under this Act committed while section 161 applied to it.

I2623Conservation area consent

Any proceedings on or arising out of an application for conservation area consent relating to the building lapse; and any such consent ceases to have effect.

I2634Temporary stop notices

Any temporary stop notice relating to the building ceases to have effect.

I2645Enforcement notices

1

Any enforcement notice relating to the building ceases to have effect.

2

Any proceedings on an appeal against such a notice lapse.

3

Despite sub-paragraph (1), section 132(1) to (6) (as applied by section 163) continue to have effect in relation to—

a

any expenses incurred by a planning authority or the Welsh Ministers, or by an owner or occupier, as mentioned in that section, and

b

any amounts paid on account of those expenses.

I2656Injunctions

Any proceedings on an application for an injunction under section 135 (as applied by section 163) relating to the building lapse.

SCHEDULE 12DETERMINATION OF APPEAL BY APPOINTED PERSON OR THE WELSH MINISTERS

(introduced by section 173(6))

I2661Introduction

In this Schedule—

“appointed person” (“person a benodir”) means a person appointed by the Welsh Ministers under section 173 to determine an appeal under section 100 or 127;
“the planning authority” (“yr awdurdod cynllunio”) means the planning authority in whose area the building to which the appeal relates is situated.

I2672Powers and duties of appointed person

1

An appointed person has the same powers and duties—

a

in relation to an appeal under section 100 as the Welsh Ministers have under section 104;

b

3

Sub-paragraph (2) does not require any person to be given an opportunity to—

a

make fresh representations, or

b

modify or withdraw any representations the person has already made.

I2705Direction under section 173(3)(b) that appeal is to be determined by Welsh Ministers

1

This paragraph applies where the Welsh Ministers give a direction under section 173(3)(b) that an appeal which would otherwise be determined by an appointed person is instead to be determined by them.

2

The direction must state the reasons for which it is given and must be served on—

a

the person, if any, appointed to determine the appeal,

b

the appellant,

c

the planning authority, and

d

in the case of an appeal under section 100, any person who made representations relating to the subject matter of the appeal which regulations under section 91(4) required the planning authority to take into account.

3

The Welsh Ministers must give the persons mentioned in sub-paragraph (2)(b) to (d) an opportunity to make further representations if the reasons for the direction raise matters about which any of those persons have not made representations.

4

Except as provided by sub-paragraph (3), the Welsh Ministers need not give any person an opportunity to—

a

appear before and be heard by a person appointed by them,

b

make fresh representations, or

c

modify or withdraw any representations the person has already made.

5

In determining the appeal the Welsh Ministers may take into account any report made to them by a person previously appointed to determine it.

6

Subject to this paragraph, the provisions of this Act that are relevant to the appeal apply to it as if this Schedule had never applied.

I2716Revocation of direction under section 173(3)(b)

1

The Welsh Ministers may by a further direction revoke a direction under section 173(3)(b) at any time before the determination of the appeal.

2

The further direction must state the reasons for which it is given and must be served on the persons on whom paragraph 5(2) required the direction under section 173(3)(b) to be served.

3

Where a further direction is given under this paragraph, section 173 and this Schedule apply as if no direction had been given under paragraph 5 (and accordingly the Welsh Ministers must appoint a person under that section to determine the appeal).

4

But anything done by or on behalf of the Welsh Ministers in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) is, unless the appointed person directs otherwise, to be treated as having been done by the appointed person.

I2727Supplementary provisions

1

It is not a ground of application to the High Court under section 183, or of appeal to the High Court under section 184, that an appeal ought to have been determined by the Welsh Ministers instead of an appointed person, unless the appellant or the planning authority challenges the appointed person’s power to determine the appeal before the decision on the appeal is given.

2

Where an appointed person is a member of the staff of the Welsh Government, the person’s functions of determining an appeal and doing anything in connection with it are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2019 (anaw 3) as functions of the Welsh Government.

SCHEDULE 13MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

(introduced by section 211(1))

I2731Settled Land Act 1925 (c. 18)

In Part 2 of Schedule 3 to the Settled Land Act 1925, after paragraph (vi) insert—

vii
Works specified by the Welsh Ministers as being required for properly maintaining a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) on the settled land.

Historic Buildings and Ancient Monuments Act 1953 (c. 49)

I2742

The Historic Buildings and Ancient Monuments Act 1953 is amended as follows.

I2753

Omit section 4.

I2764

In section 4A—

a

in the heading, for “section 4” substitute “section 3A”;

b

in subsection (1)—

i

omit “or 4”;

ii

omit “or (as the case may be) by the Secretary of State”;

c

in subsections (3), (4) and (8), omit “or (as the case may be) by the Secretary of State”.

I2775

1

In section 5, after subsection (5) insert—

6
In this section references to a building do not include a building situated wholly or mainly in Wales.

2

This paragraph does not apply in relation to property that was acquired or accepted before it comes into force.

I2786

Omit section 6.

I2797

In section 8, after subsection (7) insert—

8
In this section references to a building do not include a building situated wholly or mainly in Wales.

I2808Land Powers (Defence) Act 1958 (c. 30)

In section 6(4)(b) of the Land Powers (Defence) Act 1958, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or section 3 of the Historic Environment (Wales) Act 2023”.

I2819Public Health Act 1961 (c. 64)

In the table in Schedule 4 to the Public Health Act 1961, after the entry relating to section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 insert—

A building which is included in the schedule of monuments maintained under section 3 of the Historic Environment (Wales) Act 2023 or the list of buildings maintained under section 76 of that Act, except—
a
a building owned by railway, canal, dock, harbour or inland navigation undertakers,
b
a building owned by a holder of a licence under section 6 of the Electricity Act 1989 (c. 29),
c
a building owned by a gas transporter (within the meaning given by section 7(1) of the Gas Act 1986 (c. 44)), or
d
a building forming part of an aerodrome.
The Welsh Ministers.

I28210Compulsory Purchase Act 1965 (c. 56)

In section 1(4) of the Compulsory Purchase Act 1965—

a

for “or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “, section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 136 of the Historic Environment (Wales) Act 2023,”;

b

after “section 52(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 136(4) of the Historic Environment (Wales) Act 2023”.

I28311Mines (Working Facilities and Support) Act 1966 (c. 4)

In section 7 of the Mines (Working Facilities and Support) Act 1966, after subsection (8) insert—

9
For the purposes of this section, where any building or work is a monument of special historic interest within the meaning of Part 2 of the Historic Environment (Wales) Act 2023 and is, in pursuance of that Part, under the guardianship of the Welsh Ministers or a local authority, the Welsh Ministers or the local authority, as the case may be, shall be deemed to be persons entitled to make an application under this section.

I28412Civic Amenities Act 1967 (c. 69)

Omit section 4 of the Civic Amenities Act 1967.

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

I28513

The Redundant Churches and other Religious Buildings Act 1969 is amended as follows.

I28614

In section 4—

a

in subsection (2)(b), after sub-paragraph (i) insert—

ia
the Welsh Ministers,

b

in subsection (9), after “in relation to” insert “the Secretary of State and”;

c

after subsection (9) insert—

9A
In relation to the Welsh Ministers—
a
this section only applies to any premises falling within subsection (1) if they are situated in Wales, and
b
references in this section to land are references only to land situated in Wales.

d

in subsection (10)—

i

in paragraph (a), after “the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or the Historic Environment (Wales) Act 2023”;

ii

in paragraph (b), after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”.

I28715

In section 5(1), after “Secretary of State,”, in both places, insert “the Welsh Ministers,”.

I28816Local Government Act 1972 (c. 70)

In section 131(2) of the Local Government Act 1972, after paragraph (m) insert—

and
n
Part 2 of the Historic Environment (Wales) Act 2023.

I28917Land Compensation Act 1973 (c. 26)

In section 33D(4)(d) of the Land Compensation Act 1973, after “section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 138 of the Historic Environment (Wales) Act 2023”.

I29018Estate Agents Act 1979 (c. 38)

In section 1(2)(e) of the Estate Agents Act 1979, after “the Planning (Listed Buildings and Conservation Areas) Act 1990,” insert “Parts 3 to 5 of the Historic Environment (Wales) Act 2023,”.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

I29119

The Ancient Monuments and Archaeological Areas Act 1979 is amended as follows.

I29220

In section 1—

a

in subsection (3), for “subsection” substitute “subsections (3A) and”;

b

after subsection (3) insert—

3A
The power of the Secretary of State under subsection (3) above to include any monument in the Schedule does not apply to a monument situated in Wales (and in this subsection “Wales has the meaning given by section 158(1) of the Government of Wales Act 2006).

c

omit subsection (5A);

d

for subsection (6A) substitute—

6A
As soon as may be after—
a
including any monument in England in the Schedule under subsection (3) above;
b
amending the entry in the Schedule relating to any such monument; or
c
excluding the entry in the Schedule relating to any such monument;
the Secretary of State shall inform the Commission of the action taken and, in a case falling within paragraph (a) or (b), shall also send to the Commission a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.

e

omit subsections (6B) and (6C);

f

in subsection (9) omit “and Wales”.

I29321

Omit sections 1AA to 1AE.

I29422

In section 2—

a

omit subsections (3A) and (3B);

b

in subsection (5)—

i

in paragraph (a), omit “(in a case where the monument in question is situated in England), or”;

ii

omit paragraph (b);

c

omit subsections (5A) and (5B);

d

omit subsection (6A);

e

in subsection (8), omit “which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument”;

f

omit subsection (8A).

I29523

In section 4(3), omit “Where a direction would (if given) affect a monument situated in England,”.

I29624

In section 6, omit subsection (5).

I29725

In section 7(1), omit “the Secretary of State or (where the monument in question is situated in England)”.

I29826

In section 8—

a

in subsection (2A), omit paragraph (c);

b

in subsection (6), omit “and Wales”.

I29927

In section 9(1), omit “the Secretary of State or (where the monument in question is situated in England)”.

I30028

Omit sections 9ZA and 9ZB and the italic heading before section 9ZA.

I30129

Omit sections 9ZC to 9ZH and the italic heading before section 9ZC.

I30230

Omit sections 9ZI to 9ZL and the italic heading before section 9ZI.

I30331

Omit section 9ZM and the italic heading before it.

I30432

In section 26, omit subsection (4).

I30533

In section 27(2), for “section 1AD, 7, 9 or 9ZL” substitute “section 7 or 9”.

I30634

In section 28—

a

in subsection (1), omit “situated in England”;

b

omit subsection (1A).

I30735

In section 33—

a

after subsection (1) insert—

1A
An order under subsection (1) may not designate an area in Wales.

f

in paragraph 4(1), omit “and Wales”;

g

in paragraph 5(1A), omit “Where the monument in question is situated in England,”.

I32452Local Government, Planning and Land Act 1980 (c. 65)

In section 148(3) of the Local Government, Planning and Land Act 1980, after “(which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historic interest)” insert “, under section 76 of the Historic Environment (Wales) Act 2023 (which makes similar provision for Wales),”.

Highways Act 1980 (c. 66)

I32553

The Highways Act 1980 is amended as follows.

I32654

In section 79(15)—

a

in paragraph (a), after “local highway authority” insert “in England”;

b

after that paragraph insert—

aa
authorises the service by a local highway authority in Wales of a notice under this section with respect to any wall forming part of a monument of special historic interest (within the meaning of Part 2 of the Historic Environment (Wales) Act 2023) or other object of archaeological interest, except with the consent of the Welsh Ministers; or

I32755

In section 105ZA(1), in paragraph (g) of the definition of “sensitive area”, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”.

I32856New Towns Act 1981 (c. 64)

In section 8 of the New Towns Act 1981, at the end insert “or under section 76 of the Historic Environment (Wales) Act 2023 (which makes similar provision for Wales)”.

I32957Acquisition of Land Act 1981 (c. 67)

In section 31(1)(a) of the Acquisition of Land Act 1981, after “Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Part 3 of the Historic Environment (Wales) Act 2023”.

I33058National Heritage Act 1983 (c. 47)

In Schedule 4 to the National Heritage Act 1983—

a

omit paragraph 4;

b

omit paragraph 8;

c

omit paragraph 31.

I33159Inheritance Tax Act 1984 (c. 51)

In section 230(3)(c) of the Inheritance Tax Act 1984, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “, or of which the Welsh Ministers are guardians under Part 2 of the Historic Environment (Wales) Act 2023”.

Building Act 1984 (c. 55)

I33260

The Building Act 1984 is amended as follows.

I33361

In section 1A(2)—

a

in paragraph (a), after “(see section 1(5) of that Act)” insert “or the Historic Environment (Wales) Act 2023 (see section 76 of that Act)”;

b

in paragraph (b), for “that Act” substitute “the Planning (Listed Buildings and Conservation Areas) Act 1990 or under section 158 of the Historic Environment (Wales) Act 2023”.

I33462

In section 20(1), after “the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “, Part 3 of the Historic Environment (Wales) Act 2023”.

I33563

In section 77(3), after “subject to” insert “section 79A and to”.

I33664

In section 79(5), after “subject to” insert “section 79A and to”.

I33765

After section 79 insert—

79AWales: exercise of powers under sections 77 and 79 in relation to listed buildings, buildings in conservation areas etc.
1
Before taking any steps mentioned in subsection (3) in relation to a listed building, a local authority in Wales must—
a
if it is the planning authority for the area in which the building is situated, consider whether it should instead exercise its powers under sections 137 and 138 of the Historic Environment (Wales) Act 2023 (compulsory acquisition and repairs notices), and
b
in any case, consider whether it should instead exercise its powers under section 144 of that Act (urgent preservation works).
2
Before taking any steps mentioned in subsection (3) in relation to—
a
a building in relation to which interim protection or temporary listing has effect under Chapter 1 of Part 3 of the Historic Environment (Wales) Act 2023, or
b
a building‍ that is subject to a direction under section 164 of that Act (urgent works to preserve buildings in conservation areas),
a local authority in Wales must consider whether it should instead exercise its powers under section 144 of that Act.
3
The steps referred to in subsections (1) and (2) are steps with a view to—
a
obtaining an order under section 77(1)(a), or
b
serving a notice under section 79(1).
4
In subsection (1), “listed building and “planning authority have the same meanings as in the Historic Environment (Wales) Act 2023.

Housing Act 1985 (c. 68)

I33866

The Housing Act 1985 is amended as follows.

I33967

In section 303, after “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 76 of the Historic Environment (Wales) Act 2023”.

I34068

In section 305—

a

in subsection (1), after “Where a building” insert “in England”;

b

after subsection (1) insert—

1A
Where a building in Wales to which a compulsory purchase order under section 290 applies becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.

c

in subsection (2), after “Secretary of State gives” insert “, or (as the case may be) the Welsh Ministers give,”.

I34169

In section 306—

a

in subsection (1), after “applies to a building” insert “in England”;

b

after subsection (1) insert—

1A
Where section 291 applies to a building in Wales purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.

I34270Protection of Military Remains Act 1986 (c. 35)

In section 9(1) of the Protection of Military Remains Act 1986, in the definition of “Crown land”, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “except that in relation to land in Wales, it has the meaning given in section 207 of the Historic Environment (Wales) Act 2023”.

Town and Country Planning Act 1990 (c. 8)

I34371

The Town and Country Planning Act 1990 is amended as follows.

I34472

In section 70(3), as it has effect before section 5(8) of the Housing and Planning Act 2016 (c. 22) comes into force, after “Planning (Listed Buildings and Conservation Areas) Act 1990” insert “, to section 160 of the Historic Environment (Wales) Act 2023”.

I34573

In section 108(3F), at the end insert “or the Historic Environment (Wales) Act 2023”.

I34674

In section 137—

a

in subsection (6)—

i

in the words before paragraph (a), after “section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 138 of the Historic Environment (Wales) Act 2023”;

ii

in paragraph (b), for “that Act” substitute “the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 137 of the Historic Environment (Wales) Act 2023”;

b

in subsection (7)(b)(i)—

i

after “Secretary of State” insert “or the Welsh Ministers”;

ii

after “he decides” insert “or they decide”.

I34775

In section 143(4), after “Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 100 or 127 of the Historic Environment (Wales) Act 2023”.

I34876

In section 157(1)(b)—

a

after “section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 137 of the Historic Environment (Wales) Act 2023”;

b

after “section 50 of that Act of 1990” insert “or section 140 of that Act of 2023”.

I34977

In section 232(1), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35078

In section 235(6), in the definition of “alternative enactment”, after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35179

In section 240(3), in the definition of “relevant acquisition or appropriation”, after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35280

In section 241(1), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35381

In section 243(3)(b), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35482

In section 246(1)(a), after “section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 136 of the Historic Environment (Wales) Act 2023”.

I35583

In section 271(1), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35684

In section 272(1), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35785

In section 275—

a

in subsection (1)(a), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”;

b

in subsection (2)(a), for “that Chapter” substitute “either of those Chapters”;

c

in subsection (3), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35886

In section 277(2)(a), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I35987

In section 303, after subsection (1) insert—

1ZZA
References in subsection (1) to functions of a local planning authority do not, in the case of a local planning authority in Wales, include functions under the Historic Environment (Wales) Act 2023 (as to which, see section 167 of that Act).

I36088

In section 303ZA(5)(b), which is inserted by section 200 of the Planning Act 2008 (c. 29), after “the Welsh Ministers” insert “in relation to appeals under any provision made by or under this Act as it applies”.

I36189

In section 306(1)(a), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”.

I36290

Before section 315 (but after the italic heading before that section) insert—

314AWales: duties relating to listed buildings and features of architectural or historic interest
1
In considering whether to grant planning permission for development which affects a listed building or its setting, the Welsh Ministers or a local planning authority in Wales must have special regard to the desirability of preserving—
a
the listed building,
b
the setting of the building, or
c
any features of special architectural or historic interest the building possesses.
2
In exercising the powers conferred by sections 232, 233 and 235(1) (appropriation, disposal and development of land held for planning purposes), a relevant local authority must have regard to the desirability of preserving features of special architectural or historic interest, and in particular listed buildings.
3
In subsection (2), “relevant local authority” means—
a
a county council or county borough council in Wales;
b
a National Park authority in Wales;
c
a joint planning board constituted under section 2(1B).
4
In this section, “listed building” means—
a
a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales, or
b
a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England.

I36391

In section 336(1)—

a

in the definition of “conservation area”, after “section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 158 of the Historic Environment (Wales) Act 2023”;

b

in the definition of “the planning Acts”, after “Planning (Listed Buildings and Conservation Areas) Act 1990,” insert “Parts 3 to 5 of the Historic Environment (Wales) Act 2023 (and Part 7 of that Act as it applies for the purposes of those Parts)”.

I36492

In Schedule 4B, in paragraph 8(5), for “has the same meaning as in the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute—

means—
a
a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England, or
b
a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales.

the existing provision becomes subsection (1);

c

after that subsection insert—

2
In subsection (1)—
a
the reference to a building which was listed includes a building in Wales which was included in the list maintained under section 76 of the Historic Environment (Wales) Act 2023;
b
in relation to such a building—
i
the reference to section 50 of this Act is to be read as a reference to section 140 of that Act;
ii
the reference to listed building consent is a reference to consent under section 89 of that Act.

I405133

In section 60(2), omit “, 3A”.

I406134

In section 61(2), for “sections 2B, 3, 3A,” substitute “sections 3,”.

I407135

In section 62(2), omit paragraph (za).

I408136

In section 66, after subsection (4) insert—

5
In this section, “listed building includes a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales.

Section 8 of the Historic Environment (Wales) Act 2023
Date interim protection takes effect
Section 21 of that Act
Date scheduled monument consent is refused or granted subject to conditions
Section 24 of that Act
Date works ceased to be authorised
Section 28 of that Act
Date notice of proposed termination is served
Section 34 of that Act
Date temporary stop notice takes effect
Section 70 of that Act
Date damage is caused
Section 80 of that Act
Date interim protection takes effect
Section 86 of that Act
Date temporary listing notice is served
Section 108 of that Act
Date modification or revocation of consent takes effect
Section 116 of that Act
Date termination of agreement or provision takes effect
Section 122 of that Act
Date temporary stop notice takes effect
Section 155(4) of that Act
Date damage is caused

I434162Coal Mining Subsidence Act 1991 (c. 45)

In section 19 of the Coal Mining Subsidence Act 1991, after subsection (1) insert—

1A
This section also applies where any property in Wales which—
a
is a scheduled monument within the meaning given by section 3 of the Historic Environment (Wales) Act 2023,
b
has been notified to the Corporation by the Secretary of State as a monument of special historic interest, within the meaning given by section 75(6) of that Act, for the time being under the guardianship of the Welsh Ministers, or
c
is a listed building within the meaning given by section 76 of that Act, and is not of a description specified in an order made by the Secretary of State,
is affected by subsidence damage and the character of the property as one of historic, architectural, archaeological or other special interest is or may be affected by that damage.

I435163Land Drainage Act 1991 (c. 59)

In section 67(3) of the Land Drainage Act 1991, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or Part 2 of the Historic Environment (Wales) Act 2023”.

I436164Protection of Badgers Act 1992 (c. 51)

In section 10(1)(e) of the Protection of Badgers Act 1992, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or section 3 of the Historic Environment (Wales) Act 2023”.

I437165Tribunals and Inquiries Act 1992 (c. 53)

In section 16(1) of the Tribunals and Inquiries Act 1992, in the definition of “statutory inquiry”, for “the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “Parts 3 to 5 of the Historic Environment (Wales) Act 2023”.

I438166Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

In section 70 of the Leasehold Reform, Housing and Urban Development Act 1993—

a

in subsection (14‍)—

i

in the words before paragraph (a), for “in section 73” substitute “section 73 as they apply in relation to England,”;

ii

in paragraph (a), after “Town and Country Planning Act 1990” insert “as it applies in relation to England,”;

b

after subsection (14) insert—

15
In this section and section 73 as they apply in relation to Wales—
a
“conservation area” has the same meaning as in the Historic Environment (Wales) Act 2023;
b
“local planning authority”‍ is to be interpreted in accordance with Part 1 of the Town and Country Planning Act 1990,
and in that Part as it applies in relation to Wales references to “the planning Acts are to be treated as including this Act.

Local Government (Wales) Act 1994 (c. 19)

I439167

The Local Government (Wales) Act 1994 is amended as follows.

I440168

In Schedule 6, omit paragraph 25 and the italic heading before it.

I441169

In Schedule 16, omit paragraph 56 and the italic heading before it.

I442170Value Added Tax Act 1994 (c. 23)

In Schedule 8 to the Value Added Tax Act 1994, in Group 6, in Note (1)—

a

in paragraph (a), after sub-paragraph (i) insert—

ia
the Historic Environment (Wales) Act 2023; or

b

in paragraph (b), after sub-paragraph (i) insert—

ia
the Historic Environment (Wales) Act 2023; or

Criminal Justice and Public Order Act 1994 (c. 33)

I443171

The Criminal Justice and Public Order Act 1994 is amended as follows.

I444172

In section 60C(8), in paragraph (b) of the definition of “land”, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”.

I445173

In section 61(9), in paragraph (a)(ii) of the definition of “land”, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”.

I446174

In section 62E(2)(b), after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”.

I447175Environment Act 1995 (c. 25)

In Schedule 9 to the Environment Act 1995, in paragraph 13(1), omit “and in section 6 of the Historic Buildings and Ancient Monuments Act 1953 (under which grants for the acquisition of buildings in Wales may be made)”.

I448176Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)

In Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act 1997, in paragraph 4, omit sub-paragraph (2).

I449177National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, omit the entries for—

a

the Historic Buildings and Ancient Monuments Act 1953;

b

the Mines (Working Facilities and Support) Act 1966;

c

the Ancient Monuments and Archaeological Areas Act 1979;

d

the Planning (Listed Buildings and Conservation Areas) Act 1990.

Countryside and Rights of Way Act 2000 (c. 37)

I450178

The Countryside and Rights of Way Act 2000 is amended as follows.

I451179

In section 15(1), after paragraph (d) insert—

or
e
the public have access to it under subsection (1) of section 55 of the Historic Environment (Wales) Act 2023 (public access to monuments under public control) or would have access to it under that subsection but for any of the things mentioned in paragraphs (a) to (c) of that subsection.

I452180

In section 26(3)(b)(i), after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or section 3 of the Historic Environment (Wales) Act 2023”.

I453181Planning and Compulsory Purchase Act 2004 (c. 5)

In section 81 of the Planning and Compulsory Purchase Act 2004, omit subsection (2).

Government of Wales Act 2006 (c. 32)

I454182

The Government of Wales Act 2006 is amended as follows.

I455183

In Schedule 3A, in the table in paragraph 1, omit the entry relating to paragraph 6(6) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990.

I456184

In Schedule 10, omit paragraph 36.

I457185National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353)

In the National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007—

a

omit article 3;

b

omit article 5.

I458186Regulatory Enforcement and Sanctions Act 2008 (c. 13)

In Schedule 7 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert—

Historic Environment (Wales) Act 2023, section 147

I459187Planning Act 2008 (c. 29)

In Schedule 2 to the Planning Act 2008, omit paragraph 41.

I460188Enterprise and Regulatory Reform Act 2013 (c. 24)

In Schedule 17 to the Enterprise and Regulatory Reform Act 2013, in paragraph 12—

a

omit sub-paragraph (2);

b

omit sub-paragraphs (4) and (5).

Planning (Wales) Act 2015 (anaw 4)

I461189

The Planning (Wales) Act 2015 is amended as follows.

I462190

Omit section 39(3).

I463191

Omit section 47(3).

I464192

In Schedule 5, omit paragraphs 19 to 22 and the italic heading before paragraph 19.

I465193Historic Environment (Wales) Act 2016 (anaw 4)

The Historic Environment (Wales) Act 2016 is repealed.

I466194Housing and Planning Act 2016 (c. 22)

In section 5(8) of the Housing and Planning Act 2016, in the new section 70(3) of the Town and Country Planning Act 1990, after paragraph (c) insert—

ca
section 160 of the Historic Environment (Wales) Act 2023;

I4702Documents referring to repealed enactments

1

This paragraph applies to any reference to a repealed enactment which is contained in a document made, served or issued after the repeal of that enactment.

2

Unless the context requires otherwise, the reference is to be read (according to the context) as referring to, or including a reference to, the corresponding provision of this Act.

I4713Relationship with Legislation (Wales) Act 2019

This Schedule applies in addition to sections 34 and 35 of the Legislation (Wales) Act 2019 (anaw 4) (general savings and effect of re-enactment) and does not limit the operation of those sections in connection with the repeal, revocation or re-enactment of any enactment by this Act.

I4724Interpretation

In this Part of this Schedule—

a

references to a provision of this Act include a provision inserted into any other enactment by this Act;

b

“repealed enactment” means any enactment that is repealed by this Act;

c

references to repealing an enactment include excluding or limiting its application or effect (whether in relation to Wales or otherwise).

PART 2GUARDIANSHIP OF MONUMENTS

I4735Guardianship orders made under 1953 Act

b

immediately before Part 2 of this Act comes into force, the monument is under the guardianship of the Welsh Ministers or a local authority.

2

Section 55(1) (duty to ensure public access) does not apply to the monument unless—

a

the deed establishing guardianship provided for public access to the monument, or

b

the persons for the time being immediately affected by the operation of the guardianship deed have consented to the public having access to the monument.

I4768Interpretation

For the purposes of paragraphs 6 and 7, a person is immediately affected by the operation of a guardianship deed relating to a monument if the person is bound by that deed and is in possession or occupation of the monument.

PART 3MISCELLANEOUS

I4779Offence of breaching temporary stop notice in relation to scheduled monument

Section 33(4)(b) does not apply in relation to proceedings for an offence relating to a temporary stop notice that was issued before section 33 comes into force.

I47810Service and taking effect of enforcement notice in relation to scheduled monument

Section 36(5)(a) does not apply in relation to the service of an enforcement notice that was issued before section 36 comes into force.

I47911Purchase notice served on council in relation to building in National Park

1

Sub-paragraph (2) applies in relation to a purchase notice that has been served on a county council or county borough council in Wales in relation to a building in a National Park before section 109 comes into force.

2

The following provisions are to be read as if references to a planning authority were references to the council—

a

section 183(7)(c);

b

section 186(3) and (7);

c

Schedule 9.

Section 8 of the Historic Environment (Wales) Act 2023	Date interim protection takes effect
Section 21 of that Act	Date scheduled monument consent is refused or granted subject to conditions
Section 24 of that Act	Date works ceased to be authorised
Section 28 of that Act	Date notice of proposed termination is served
Section 34 of that Act	Date temporary stop notice takes effect
Section 70 of that Act	Date damage is caused
Section 80 of that Act	Date interim protection takes effect
Section 86 of that Act	Date temporary listing notice is served
Section 108 of that Act	Date modification or revocation of consent takes effect
Section 116 of that Act	Date termination of agreement or provision takes effect
Section 122 of that Act	Date temporary stop notice takes effect
Section 155(4) of that Act	Date damage is caused