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Historic Environment (Wales) Act 2016

Schedule A1 Lapse of interim protection

250.Schedule A1 contains provision which applies where interim protection ceases to have effect as a result of a decision by the Welsh Ministers:

  • not to include a monument in the Schedule, or

  • not to make a material amendment that increases the area shown for a monument on a map that accompanies its entry in the Schedule.

251.Even after interim protection has lapsed, a person can still be prosecuted for certain offences committed while it was in effect. The Welsh Ministers may also recover expenses incurred in undertaking work under section 9ZF(2) of the 1979 Act following a failure to comply with an enforcement notice which was served while the interim protection had effect. However, various other matters done under the 1979 Act cease to have effect on the lapse of interim protection: for example, scheduled monument consent, enforcement notices and temporary stop notices.

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