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Historic Environment (Wales) Act 2016

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Historic Environment (Wales) Act 2016. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Legal Background

  4. Commentary on Sections

    1. Part 1: Overview

      1. Section 1 – Overview

    2. Part 2: Ancient Monuments Etc

      1. Section 2 – Overview of this Part

      2. Section 3 – Amendments relating to the Schedule

        1. 1AA Duty to consult on certain amendments relating to the Schedule

        2. 1AB Interim protection pending decisions on certain amendments relating to the Schedule

        3. 1AC Provisions applicable on lapse of interim protection

        4. 1AD Compensation for loss or damage caused by interim protection

        5. 1AE Review of decisions on certain amendments relating to the Schedule

      3. Section 4 – Amendments relating to the Schedule: consequential provision

      4. Section 5 – Simplification of process

      5. Section 6 – Grant of consent for unauthorised works

      6. Section 7 – Offence of false information on application

      7. Section 8 – Refusal of repeat applications etc

      8. Section 9 – Procedure for determining applications

      9. Section 10 – Compensation for refusal of scheduled monument consent

      10. Section 11 – Heritage partnership agreements

        1. 9ZA Heritage partnership agreement

        2. 9ZB Heritage partnership agreement: supplemental

      11. Section 12 – Enforcement notices

        1. 9ZC Scheduled monument enforcement notice

        2. 9ZD Scheduled monument enforcement notice: supplementary provision

        3. 9ZE Scheduled monument enforcement notice: appeal

        4. 9ZF Scheduled monument enforcement notice: power of entry

        5. 9ZG Failure to comply with scheduled monument enforcement notice

        6. 9ZH Effect of scheduled monument consent on notice

      12. Section 13 – Temporary stop notices

        1. 9ZI Temporary stop notice

        2. 9ZJ Temporary stop notice: power of entry

        3. 9ZK Temporary stop notice: offence

        4. 9ZL Temporary stop notice: compensation

      13. Section 14 – Injunctions

      14. Section 15 – Control of works affecting scheduled monuments

      15. Section 16 – Damaging certain ancient monuments

      16. Section 17 – Restrictions on use of metal detectors

      17. Section 18 – Register of historic parks and gardens

        1. 41A Register of historic parks and gardens in Wales

      18. Section 19 – Land believed to contain an ancient monument: power of entry

      19. Section 20 – Monuments in territorial waters

      20. Section 21 – Service of documents by electronic communication

      21. Section 22 – Meaning of “monument” in the Ancient Monuments and Archaeological Areas Act 1979

    3. Part 3: Listed Buildings

      1. Section 23 – Overview of this Part

      2. Section 24 – Amendments relating to the listing of buildings

        1. 2A Duty to consult on certain changes to lists

        2. 2B Interim protection pending certain listing decisions

        3. 2C Provisions applicable on lapse of interim protection

        4. 2D Review of certain listing decisions

      3. Section 25 – Amendments relating to the temporary listing of buildings

      4. Section 26 – Amendments relating to the listing of buildings: consequential provision

      5. Section 27 – Issue of certificate that building not intended to be listed: Wales

      6. Section 28 – Heritage partnership agreements

        1. 26L Heritage partnership agreements

        2. 26M Heritage partnership agreements: supplemental

      7. Section 29 – Temporary stop notices

        1. 44B Temporary stop notices

        2. 44C Temporary stop notices: offence

        3. 44D Temporary stop notices: compensation

      8. Section 30 – Urgent works: extension of scope and recovery of costs

      9. Section 31 – Preservation of listed buildings in disrepair

      10. Section 32 – Service of documents by electronic communication

      11. Section 33 – Determination of appeals by appointed person: supplementary provision

    4. Part 4: Miscellaneous

      1. Section 34 – List of historic place names

      2. Section 35 – Historic environment records

      3. Section 36 – Access to historic environment records

      4. Section 37 – Guidance

      5. Section 38 – Establishment of Panel and work programme

      6. Section 39 – Constitution etc

    5. Part 5: General

      1. Section 40 – Regulations and orders

      2. Section 41 – Coming into force

      3. Section 42 – Short title

    6. Schedule 1

      1. Schedule A1 Lapse of interim protection

      2. Schedule A2 Decisions on reviews by person appointed by Welsh Ministers

    7. Schedule 2

      1. Schedule 1A Lapse of interim protection

      2. Schedule 1B Decisions on reviews by person appointed by the Welsh Ministers

  5. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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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 the National Assembly for Wales.

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