Historic Environment (Wales) Act 2023 (asc3)

Prospective

PART 2 E+W MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 5 E+W ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

Injunctions E+W

42 Injunction to restrain unauthorised works or failure to comply with condition of consent E+W

(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

(b) an actual or expected failure to comply with a condition of scheduled monument consent for works to a scheduled monument.

(2) The Welsh Ministers may make an application whether or not they have exercised or are proposing to exercise any of their 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.

Commencement Information

I1 S. 42 not in force at Royal Assent, see s. 212(2)