Historic Environment (Wales) Act 2023

Prospective

Supplementary E+W

72 Validity of certain decisions and orders under this Part E+W

(1) The validity of a decision or order to which this section applies may not be questioned in any legal proceedings except an application for statutory review under section 73.

(2) The decisions to which this section applies are—

(a) a decision of the Welsh Ministers on an application for scheduled monument consent, and

(b) a decision on a review under section 9.

(3) This section applies to an order under section 20 modifying or revoking a scheduled monument consent.

(4) This section does not prevent any court exercising any jurisdiction in relation to a refusal or failure to make a decision to which this section applies.

Commencement Information

I1 S. 72 not in force at Royal Assent, see s. 212(2)

73 Application to High Court for statutory review of decision or order E+W

(1) A person aggrieved by a decision or order to which section 72 applies may make an application for statutory review.

(2) An application for statutory review is an application to the High Court questioning the validity of the decision or order on the grounds that—

(a) it is not within the powers conferred by this Act, or

(b) a relevant requirement has not been complied with in relation to the decision or order.

(3) An application for statutory review must be made before the end of 6 weeks beginning with the day after the day the decision or order to which the application relates is made.

(4) On any application for statutory review the High Court—

(a) may make an interim order suspending the operation of the decision or order to which the application relates, until the proceedings are finally determined;

(b) may quash that decision or order if satisfied that—

(i) it is not within the powers conferred by this Act, or

(ii) the interests of the applicant have been substantially prejudiced by a failure to comply with a relevant requirement in relation to the decision or order.

(5) In this section “relevant requirement” means any requirement of—

(a) this Act or the Tribunals and Inquiries Act 1992 (c. 53), or

(b) any subordinate legislation made under this Act or under that Act.

Commencement Information

I2 S. 73 not in force at Royal Assent, see s. 212(2)

74 Crown land E+W

(1) This Part applies in relation to Crown land only to the extent set out below.

(2) A monument situated in, on or under Crown land may be included in the schedule.

(3) Any restrictions or powers imposed or conferred by this Part apply and are exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any interest of the Crown in the land.

(4) This section does not permit—

(a) a power under this Part to enter, or to do anything on, any land to be exercised in relation to Crown land, or

(b) an interest in Crown land held otherwise than by or on behalf of the Crown to be acquired compulsorily under this Part,

without the agreement of the appropriate Crown authority.

Commencement Information

I3 S. 74 not in force at Royal Assent, see s. 212(2)

75 Interpretation of this Part E+W

(1) In this Part—

• “archaeological examination” (“archwiliad archaeolegol”) has the meaning given by subsection (3);

• “archaeological investigation” (“ymchwiliad archaeolegol”) has the meaning given by subsection (2);

• “enforcement notice” (“hysbysiad gorfodi”) means an enforcement notice issued under section 35;

• “flooding operations” (“gweithrediadau i foddi tir”) means covering land with water or another liquid or partially liquid substance;

• “guardian” (“gwarcheidwad”) is to be interpreted in accordance with sections 45 and 49;

• “guardianship deed” (“gweithred warcheidiaeth”) has the meaning given by section 45(7);

• “interim protection” (“gwarchodaeth interim”) has the meaning given by section 6(3);

• “local authority” (“awdurdod lleol”) means—

  (a)

  a county council or county borough council in Wales, and

  (b)

  a National Park authority in Wales;

• “monument of special historic interest” (“heneb o ddiddordeb hanesyddol arbennig”) has the meaning given by subsection (6);

• “possession” (“meddiant”) includes receipt of rents and profits or the right to receive rents and profits (if any);

• “the schedule” (“y gofrestr”) has the meaning given by section 3;

• “scheduled monument consent” (“cydsyniad heneb gofrestredig”) has the meaning given by section 13;

• “temporary stop notice” (“hysbysiad stop dros dro”) means a temporary stop notice issued under section 31;

• “tipping operations” (“gweithrediadau tipio”) means tipping soil or spoil or depositing building or other materials or matter (including waste) on any land;

• “works” (“gwaith”) includes—

  (a)

  flooding or tipping operations,

  (b)

  any operations carried out for the purposes of agriculture (within the meaning of the Town and Country Planning Act 1990 (c. 8)) or forestry (including afforestation), and

  (c)

  operations of any other description.

(2) In this Part “archaeological investigation” means any investigation of land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and includes in the case of an archaeological investigation of land—

(a) any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land, and

(b) examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavations or inspections carried out for the purposes of any such investigation.

(3) In this Part “archaeological examination”, in relation to land, means any examination or inspection of the land (including buildings or other structures on the land) for the purpose of obtaining and recording any information of archaeological or historical interest.

(4) In this Part (other than in Chapter 4) references to land associated with a monument (or to associated land) are to be interpreted in accordance with section 49(9).

(5) In this Part references to a monument, in relation to the acquisition or transfer of any monument (whether under this Part or otherwise), include any interest in or right over the monument.

(6) In this Part “monument of special historic interest” means—

(a) any scheduled monument, and

(b) any other monument wholly or mainly in Wales which the Welsh Ministers consider to be of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching to it.

(7) But the reference to a monument in subsection (6)(b) does not include a monument situated in, on or under the bed of the sea below the low water mark.

Commencement Information

I4 S. 75 not in force at Royal Assent, see s. 212(2)