Historic Environment (Wales) Act 2023

58 Offence of damaging certain monuments of special historic interest

(1) A person who without lawful excuse destroys or damages a protected monument is guilty of an offence if the person—

(a) knew or ought reasonably to have known that it was a protected monument, and

(b) intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.

(2) In subsection (1) “protected monument” means—

(a) a scheduled monument, or

(b) a monument under the ownership or guardianship of the Welsh Ministers or a local authority by virtue of this Chapter.

(3) This section applies to anything done by or under the authority of the owner of the monument, other than an act for the carrying out of excepted works, as it applies to anything done by any other person.

(4) In subsection (3) “excepted works” means—

(a) works authorised under Chapter 3;

(b) works for which development consent has been granted under the Planning Act 2008 (c. 29).

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.