Historic Environment (Wales) Act 2023 (asc3)

Prospective

PART 2 E+W MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 2 E+W SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE

Review of decisions to amend schedule to add monuments etc. E+W

9 Review of decision to add monument to the schedule etc. E+W

(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.

Commencement Information

I1 S. 9 not in force at Royal Assent, see s. 212(2)

10 Supplementary provision about reviews E+W

(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;

(c) on the basis of written representations.

(3) The Welsh Ministers may by regulations make further provision in connection with reviews under section 9.

(4) Regulations under subsection (1) or (3) may authorise the Welsh Ministers or persons appointed under section 9(3)—

(a) to determine matters of a description specified in the regulations, and

(b) to give directions in relation to those matters.

(5) Schedules 2 and 6 make further provision about reviews under section 9.

Commencement Information

I2 S. 10 not in force at Royal Assent, see s. 212(2)