Historic Environment (Wales) Act 2023

Proposals to add or remove monument to or from the schedule: consultation and interim protection

5 Consultation before adding or removing monument to or from the schedule

(1) Subsection (2) applies where the Welsh Ministers are proposing to amend the schedule by—

(a) adding a monument,

(b) removing a monument, or

(c) amending the entry for a monument to remove anything previously included as part of the monument or add anything not previously included.

(2) The Welsh Ministers must serve a notice on the persons mentioned in subsection (3) which—

(a) sets out the proposed amendment, and

(b) invites those persons to make written representations about the proposal.

(3) The persons are—

(a) every owner and occupier of the monument,

(b) every local authority in whose area the monument is situated, and

(c) any other persons the Welsh Ministers consider appropriate as having special knowledge of, or special interest in, the monument or in monuments of historic or archaeological interest more generally.

(4) A notice under subsection (2) must—

(a) specify the period within which representations may be made, and

(b) in the case of a proposal to add a monument or to add anything as part of a monument—

(i) include a statement of the effect of section 6 (interim protection), and

(ii) specify the date on which interim protection takes effect under that section.

(5) The period specified under subsection (4)(a) must be at least 28 days beginning with the day the notice is served.

6 Interim protection pending decision on certain amendments relating to the schedule

(1) This section applies where the Welsh Ministers serve notice under section 5(2) of a proposal to amend the schedule by—

(a) adding a monument, or

(b) amending the entry for a monument by adding anything as part of the monument.

(2) From the beginning of the day specified under section 5(4)(b)(ii) this Act has effect—

(a) in the case of a proposal to add a monument to the schedule, as if the monument were a scheduled monument;

(b) in the case of a proposal to amend the entry for a monument, as if the amendment were made.

(3) The protection conferred by virtue of subsection (2) is referred to in this Part as “interim protection”.

(4) The Welsh Ministers must—

(a) publish a list of the monuments subject to interim protection, and

(b) provide a copy of the notice served under section 5(2) in respect of such a monument to any person who requests one.

7 When interim protection ends

(1) Interim protection conferred by section 6(2)(a) (proposed addition of monument to the schedule) ends in relation to a monument—

(a) where the Welsh Ministers add the monument to the schedule, at the beginning of the day specified in the notice under section 4(2), or

(b) where the Welsh Ministers decide not to add the monument to the schedule, at the beginning of the day specified in a notice served by them on the persons mentioned in subsection (3).

(2) Interim protection conferred by section 6(2)(b) (proposed amendment of entry in the schedule relating to a monument) ends in relation to a monument—

(a) where the Welsh Ministers amend the entry in the schedule, at the beginning of the day specified in the notice under section 4(2), or

(b) where the Welsh Ministers decide not to amend the entry in the schedule, at the beginning of the day specified in a notice served by them on the persons mentioned in subsection (3).

(3) The persons referred to in subsections (1)(b) and (2)(b) are—

(a) every owner and occupier of the monument, and

(b) every local authority in whose area the monument is situated.

(4) Schedule 1 makes provision about the effect of interim protection coming to an end under subsections (1)(b) and (2)(b).

8 Compensation for loss or damage caused by interim protection

(1) This section applies where interim protection ends in relation to a monument because of a notice under section 7(1)(b) or (2)(b).

(2) Any person who had an interest in the monument when the interim protection took effect is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any loss or damage suffered by the person that is directly attributable to the interim protection.

(3) The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by the need to stop or cancel works to the monument because of the interim protection.

(4) A claim for compensation under this section must be made in writing within 6 months beginning when the interim protection ends.