PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 1KEY TERMS

I12Meaning of “monument” and “site of monument”

1

In this Act “monument” means—

a

any building, structure or work (whether above or below the surface of the land) and any cave or excavation;

b

the site of the remains of any building, structure or work or of the remains of any cave or excavation;

c

the site of any vehicle, vessel, aircraft or other moveable structure, or part of such an object, which neither constitutes nor forms part of any work which is a monument within paragraph (a);

d

the site of the remains of any object or part of an object mentioned in paragraph (c);

e

the site of any thing, or group of things, that evidences previous human activity (other than a site falling within paragraph (b), (c) or (d)).

2

For the purposes of subsection (1) any machinery attached to a monument is to be treated as part of the monument if it could not be detached without being dismantled.

3

Subsection (1)(a) does not apply to any religious building for the time being used for religious purposes; but this is subject to any exceptions specified in regulations made by the Welsh Ministers.

4

Subsections (1)(c) and (d) do not apply to—

a

the site of any object or its remains unless the position of that object or its remains in that particular site is a matter of public interest;

b

the site of any vessel or its remains which is protected by an order under section 1 of the Protection of Wrecks Act 1973 (c. 33) designating an area around the site as a restricted area.

5

For the purposes of this Act the site of a monument includes not only the land i‍n, on or under which it is situated but also any land comprising or adjoining that land which appears to the Welsh Ministers or a local authority, in the exercise in relation to that monument of any of their or its functions under this Part, to be essential for the monument’s support and preservation.

6

References in this Act to a monument include—

a

the site of the monument in question,

b

a group of monuments, and

c

any part of a monument or group of monuments.

7

References in this Act to the site of a monument—

a

are to the monument itself where it consists of a site, and

b

in any other case include the monument itself.

8

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