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Historic Environment (Wales) Act 2016

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This is the original version (as it was originally enacted).

15Control of works affecting scheduled monuments

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(1)Section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments) is amended as follows.

(2)In subsection (8), after “works within subsection (2)(a) or (c) above” insert “which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument”.

(3)After that subsection insert—

(8A)In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused⁠—

(a)had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and

(b)did not know, and had no reason to believe, that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.

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