Historic Environment (Wales) Act 2023

1. Introduction

2. Summary and Background

3. Commentary on Sections

   1. Part 1 — Overview

      1. Section 1 — Overview

   2. Part 2 — Monuments of special historic interest

      1. Chapter 1 — Key terms

         1. Section 2 — Meaning of “monument” and “site of monument”

      2. Chapter 2 — Schedule of monuments of national importance

         1. Section 3 — Duty to maintain and publish schedule of monuments

         2. Section 4 — Notification of owner etc. where the schedule is amended

         3. Section 5 — Consultation before adding or removing monument to or from the schedule

            Section 6 — Interim protection pending decision on certain amendments relating to the schedule

         4. Section 7 — When interim protection ends

            Schedule 1 — End of interim protection for monuments

         5. Section 8 — Compensation for loss or damage caused by interim protection

         6. Section 9 — Review of decision to add monument to the schedule etc.

            Section 10 — Supplementary provision about reviews

            Schedule 2 — Decision on review by person appointed by the Welsh Ministers

            Schedule 6 — Proceedings under Part 2

      3. Chapter 3 — Control of works affecting scheduled monuments

         1. Section 11 — Requirement for works to be authorised

         2. Section 12 — Authorisation of classes of works

            Schedule 3 — Authorisation for classes of works

         3. Section 13 — Authorisation of works by scheduled monument consent

         4. Section 14 — Applying for scheduled monument consent

         5. Section 15 — Declarations of ownership in respect of monument

         6. Section 17 — Procedure for determining applications and effect of grant of consent

            Schedule 6 — Proceedings under Part 2

         7. Section 18 — Power to grant consent subject to conditions

            Section 19 — Condition about period within which works must start

         8. Section 20 — Modification and revocation of consent

            Schedule 4 — Procedure for orders modifying or revoking scheduled monument consent

            Schedule 6 — Proceedings under Part 2

         9. Section 21 — Compensation for refusal of scheduled monument consent or grant of consent subject to conditions

         10. Section 22 — Recovery of compensation paid under section 21 on subsequent grant of consent

         11. Section 23 — Determination of amount recoverable under section 22

         12. Section 24 — Compensation where works affecting a scheduled monument cease to be authorised

      4. Chapter 4 — Scheduled monument partnership agreements

         1. Section 25 — Scheduled monument partnership agreements

         2. Section 26 — Further provision about scheduled monument partnership agreements

         3. Section 27 — Termination of agreement or provision of agreement

            Schedule 5 — Termination by order of scheduled monument partnership agreement

            Schedule 6 — Proceedings under Part 2

         4. Section 28 — Compensation in relation to termination

      5.  Chapter 5 — Enforcement of controls relating to scheduled monuments

         1. Section 30 — Offence of carrying out unauthorised works or breaching condition of consent

         2. Section 31 — Power of Welsh Ministers to issue temporary stop notice

            Section 32 — Duration etc. of temporary stop notice

            Section 33 — Offence of breaching temporary stop notice

         3. Section 34 — Compensation for loss or damage caused by temporary stop notice

         4. Section 35 — Power of Welsh Ministers to issue enforcement notice

         5. Section 36 — Service and taking effect of enforcement notice

         6. Section 38 — Effect of granting scheduled monument consent on enforcement notice

         7. Section 39 — Appeal against enforcement notice

         8. Section 40 — Powers to enter land and take steps required by enforcement notice

            Section 41 — Offence of failing to comply with enforcement notice

         9. Section 42 — Injunction to restrain unauthorised works or failure to comply with condition of consent

      6. Chapter 6 — Acquisition, guardianship and public access

         1. Section 43 — Compulsory acquisition of monuments of special historic interest

         2. Section 44 — Acquisition by agreement or gift of monuments of special historic interest

         3. Section 45 — Power to place monument of special historic interest under guardianship

         4. Section 46 — Supplementary provision about guardianship deeds

         5. Section 47 — General functions of guardians

         6. Section 48 — Termination of guardianship

         7. Section 49 — Acquisition and guardianship of land in the vicinity of a monument

         8. Section 50 — Acquisition of easements and other similar rights over land in the vicinity of a monument

         9. Section 51 — Agreements concerning management of monuments of special historic interest and land in their vicinity

         10. Section 52 — Powers of limited owners for purposes of sections 45, 50 and 51

         11. Section 55 — Public access to monuments under public control

         12. Section 56 — Power to make regulations and byelaws in connection with public access to monuments under public control

         13. Section 57 — Provision of facilities for the public in connection with monuments of special historic interest

      7. Chapter 7 — General

         1. Section 58 — Offence of damaging certain monuments of special historic interest

         2. Section 60 — Restrictions on use of metal detectors

         3. Section 61 — Works for preservation of scheduled monument in cases of urgency

         4. Section 62 — Expenditure on acquisition and preservation of monuments of special historic interest etc.

         5. Section 63 — Advice and supervision of work by Welsh Ministers

         6. Section 64 — Expenditure by local authorities on archaeological investigation

         7. Section 65 — Powers of entry for inspection of scheduled monuments etc.

         8. Section 66 — Powers of entry relating to enforcement of controls on works

         9. Section 67 — Power of entry on land believed to contain monument of special historic interest

         10. Section 69 — Supplementary provision about powers of entry under this Part

         11. Section 71 — Treatment and preservation of finds

         12. Section 72 — Validity of certain decisions and orders under this Part

             Section 73 — Application to High Court for statutory review of decision or order

         13. Section 74 — Crown land

         14. Section 75 — Interpretation of this Part

   3. Part 3 — Buildings of special architectural or historic interest

      1. Chapter 1 — Listing buildings of special interest

         1. Section 76 — Duty to maintain and publish list of buildings

         2. Section 77 — Notification of listing or de-listing of building

         3. Section 78 — Consultation before listing or de-listing building

            Section 79 — Interim protection pending decision whether to list building

            Schedule 7 — End of interim protection or temporary listing for buildings

         4. Section 80 — Compensation for loss or damage caused by interim protection

         5. Section 81 — Review of decision to list building

            Section 82 — Supplementary provision about reviews

            Schedule 2 — Decision on review by person appointed by the Welsh Ministers

         6. Section 83 — Service of temporary listing notice

            Section 84 — Temporary listing in urgent cases

         7. Section 85 — End of temporary listing

            Schedule 7 — End of interim protection or temporary listing for buildings

         8. Section 86 — Compensation for loss or damage caused by temporary listing

         9. Section 87 — Certificate that Welsh Ministers do not intend to list building

      2. Chapter 2Control of works affecting listed buildings

         1. Section 88Requirement for works to be authorised

         2. Section 89Authorisation of works by listed building consent

         3. Section 90Applying for listed building consent

            Section 91Notice of application to owners of building

         4. Section 92Procedure for dealing with application

         5. Section 94Reference of application to Welsh Ministers

         6. Section 95Notification to Welsh Ministers before granting consent

         7. Section 96Grant or refusal of consent

         8. Section 97Power to grant consent subject to conditions

         9. Section 98Condition about period within which works must start

         10. Section 99Application for variation or removal of conditions

         11. Section 100Right to appeal against planning authority decision or failure to make decision

             Section 101Procedure for making appeal

         12. Section 103Decision on application after service of notice of appeal

         13. Section 104Determination of appeal

         14. Section 105Applications by planning authorities and the Crown

         15. Section 106Applications relating to urgent works on Crown land

         16. Section 107Modification and revocation of consent

             Schedule 8Procedure for orders modifying or revoking listed building consent

         17. Section 108Compensation where consent is modified or revoked

         18. Section 109Purchase notice where consent is refused, granted subject to conditions, modified or revoked

         19. Section 112Action following service of purchase notice

             Schedule 9Action following service of purchase notice

      3. Chapter 3Listed building partnership agreements

         1. Section 113 — Listed building partnership agreements

         2. Section 114 — Further provision about listed building partnership agreements

         3. Section 115 — Termination of agreement or provision of agreement

            Schedule 10 — Procedure for orders terminating listed building partnership agreements

         4. Section 116 — Compensation where agreement or provision is terminated

      4. Chapter 4Enforcement of controls relating to listed buildings

         1. Section 117 — Offence of carrying out unauthorised works or breaching condition of consent

         2. Section 118 — Offence of intentionally damaging listed building

         3. Section 119 — Power of planning authority to issue temporary stop notice

         4. Section 122 — Compensation for loss or damage caused by temporary stop notice

         5. Section 123 — Power of planning authority to issue enforcement notice

         6. Section 124 — Service and taking effect of enforcement notice

         7. Section 126 — Effect of granting listed building consent on enforcement notice

         8. Section 127 — Right to appeal against enforcement notice

         9. Section 128 — Determination of appeal

         10. Section 130 — Order to permit steps required by enforcement notice

         11. Section 131 — Power to enter land and take steps required by enforcement notice

         12. Section 132 — Recovery of costs of compliance with enforcement notice

         13. Section 133 — Offence of failing to comply with enforcement notice

         14. Section 135 — Injunction to restrain unauthorised works or failure to comply with condition of consent

      5. Chapter 5 — Acquisition and preservation of buildings of special interest

         1. Section 136 — Power of planning authority to acquire building by agreement

         2. Section 137 — Powers to acquire listed building compulsorily for purpose of preservation

            Section 138 — Requirement to serve repairs notice before starting compulsory acquisition

         3. Section 139 — Application to stop compulsory acquisition

         4. Section 140 — Direction for minimum compensation where building deliberately allowed to fall into disrepair

            Section 141 — Application for removal of direction for minimum compensation

         5. Section 142 — Ending of rights over land acquired compulsorily

         6. Section 143 — Management, use and disposal of building acquired under this Chapter

         7. Section 144 — Urgent works to preserve listed building

         8. Section 145 — Power to require owner to meet costs of preservation works

         9. Section 146 — Further provision about recovery of costs of preservation work

         10.  Section 147 — Steps for preservation of listed buildings in disrepair

         11. Section 148 — Grant or loan by local authority for repair or maintenance of building

             Section 149 — Recovery of grant made by local authority

         12. Section 150 — Grant by Welsh Ministers for repair or maintenance of building, garden etc.

         13. Section 151 — Acceptance by Welsh Ministers of endowment for upkeep of building

      6. Chapter 6 — General

         1. Section 152 — Powers to enter land

         2. Section 153 — Exercise of power to enter land without warrant

         3. Section 154 — Warrant to enter land

         4. Section 156 — Exempt religious buildings

   4. Part 4 — Conservation Areas

      1. Section 158 — Designating areas of special architectural or historic interest as conservation areas

      2. Section 159 — Duty to formulate and publish proposals for preservation and enhancement of conservation areas

      3. Section 160 — Exercise of planning functions: general duty relating to conservation areas

      4. Section 161 — Requirement for demolition to be authorised

         Schedule 11 — Effect of section 161 ceasing to apply to building

      5. Section 162 — Authorisation of demolition by conservation area consent

      6. Section 163 — Application of Part 3 to conservation areas

      7. Section 164 — Urgent works to preserve buildings in conservation areas

      8. Section 165 — Grant by Welsh Ministers for preservation or enhancement of conservation areas

      9. Section 166 — Conservation area agreements

   5. Part 5 — Supplementary provision about buildings of special interest and conservation areas

      1. Chapter 1 — Exercise of functions by planning authorities and other local authorities

         1. Section 167 — Fees and charges for exercising functions

         2. Section 168 — Arrangements for exercising functions in relation to applications

         3. Section 169 — Arrangements for obtaining specialist advice

         4. Section 171 — Contributions towards expenditure by local authorities

      2. Chapter 2 — Proceedings before the Welsh Ministers

         1. Section 173 — Determination of appeal by appointed person

            Schedule 12 — Determination of appeal by appointed person or the Welsh Ministers

         2. Section 174 — Choice of inquiry, hearing or written procedure

         3. Section 175 — Procedural requirements

         4. Section 176 — Power of Welsh Ministers to hold local inquiry

            Section 177 — Power of person holding inquiry to require evidence

         5. Section 178 — Access to evidence at inquiry

            Section 179 — Payment of appointed representative where access to evidence restricted

         6. Section 180 — Payment of costs of Welsh Ministers

         7. Section 181 — Orders relating to costs of parties

      3. Chapter 3 — Validity and correction of decisions

      4. Section 182 — Validity of certain decisions and orders relating to buildings

         Section 183 — Application to High Court for statutory review of decision or order

      5. Section 184 — Appeal to High Court against decision relating to enforcement notice

      6. Section 185 — Meaning of “decision document” and “correctable error”

         Section 186 — Power to correct correctable errors in decision documents

         Section 187 — Effect and validity of correction notice

   6. Part 6 — Other heritage assets and records

      1. Section 192 — Duty to maintain and publish register of historic parks and gardens

      2. Section 193Duty to maintain and publish list of historic place names

      3. Section 194Duty to maintain historic environment records

      4. Section 195 — Access to historic environment records

      5. Section 196 — Guidance to certain public bodies about historic environment records

   7. Part 7 — General

      1. Section 197 — Power to require information by notice

         Section 198 — Offences in connection with section 197

      2. Section 199 — Information about interests in Crown land

      3. Section 201 — Civil sanctions

      4. Section 202 — Making claims for compensation

         Section 203 — Determination of compensation claims by Upper Tribunal

         Section 204 — Compensation for depreciation of value of land

      5. Section 205 — Service of notices and other documents: general

         Section 206 — Additional provision about service on persons interested in or occupying land

      6. Section 208 — Church of England land

      7. Section 209 — Regulations under this Act

      8. Section 211 — Consequential and transitional provision etc.

         Schedule 13 — Minor and consequential amendments and repeals

         Schedule 14 — Transitional and saving provisions

      9. Section 213 — Short title

4. Record of Proceedings in Senedd Cymru