Search Legislation

Historic Environment (Wales) Act 2023

Status:

This is the original version (as it was originally enacted).

50Acquisition of easements and other similar rights over land in the vicinity of a monument
This section has no associated Explanatory Notes

(1)The Welsh Ministers may acquire an easement over land adjoining or in the vicinity of any monument which is under their ownership by virtue of this Chapter, if they consider the easement to be necessary—

(a)for any of the purposes mentioned in section 49(2) relating to that monument, or

(b)for the use of any land associated with that monument for any of those purposes.

(2)An acquisition under subsection (1) may be made by agreement or compulsorily.

(3)A local authority may acquire an easement over land adjoining or in the vicinity of any monument which is under its ownership by virtue of this Chapter, if the easement appears to it to be necessary—

(a)for any of the purposes mentioned in section 49(2) relating to that monument, or

(b)for the use of any land associated with that monument for any of those purposes.

(4)An acquisition under subsection (3) may only be made by agreement.

(5)The guardian of a monument or of any land may acquire, for the benefit of the monument or land, a relevant right over land adjoining or in the vicinity of the monument or land, if the guardian considers the right to be necessary—

(a)for any of the purposes mentioned in section 49(2) relating to that monument or land, or

(b)for the use of any land associated with that monument or land for any of those purposes.

(6)For the purposes of subsection (5) “relevant right” means a right (of any description) which would, if acquired by an owner of the monument or land in question, be an easement.

(7)The acquisition of a right under subsection (5)—

(a)in the case of the Welsh Ministers, may be made by agreement or compulsorily;

(b)in the case of a local authority, may be made only by agreement.

(8)A right acquired under subsection (5)—

(a)is to be treated for the purposes of its acquisition under this section and in all other respects as if it were a legal easement, and

(b)may be enforced by the guardians for the time being of the monument or land for whose benefit it was acquired as if they were the freehold owner in possession of that monument or land.

(9)If the condition in subsection (10) is met in relation to a monument, a right which under subsection (5) is acquired by agreement —

(a)may be revoked by the grantor, subject to any provision to the contrary in the agreement under which it was acquired, and

(b)may be revoked by any successor in title of the grantor as respects any of the land over which it is exercisable in which the the successor has an interest.

(10)The condition mentioned in subsection (9) is that the monument—

(a)ceases to be under guardianship otherwise than by virtue of being acquired by its guardians, or

(b)ceases to exist.

(11)A right acquired under subsection (5) is a local land charge.

(12)The powers of acquisition in this section include power to acquire an easement or right by the grant of a new right.

(13)The Acquisition of Land Act 1981 (c. 67) applies to any compulsory acquisition under this section.

(14)Part 1 of the Compulsory Purchase Act 1965 (c. 56) applies (so far as relevant) to an acquisition by agreement under this section, other than sections 4 to 8, section 10 and section 31 of that Act.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources