Historic Environment (Wales) Act 2023

71 Treatment and preservation of finds E+W

(1) This section applies where a person enters land in exercise of a power of entry under this Part—

(a) to carry out excavations in the land or works affecting a monument of special historic interest situated in, on or under the land,

(b) to assess or observe works on the land under section 65(3) or (4)(b), or

(c) to carry out an archaeological examination of the land.

(2) The person may—

(a) take temporary custody of any object of archaeological or historical interest discovered during the course of the excavations, works or examination, and

(b) remove the object from its site for the purpose of examining, testing, treating, recording or preserving it.

(3) The appropriate authority may not, without the agreement of every owner, retain the object for longer than is reasonably required to—

(a) examine and record it, and

(b) carry out any test or treatment which appears to the authority to be desirable—

(i) for the purpose of archaeological investigation or analysis, or

(ii) to restore or preserve the object.

(4) In subsection (3) “appropriate authority” means—

(a) in a case where the power of entry was exercised by or on behalf of the Welsh Ministers, the Welsh Ministers, and

(b) in a case where the power of entry was exercised by or on behalf of a local authority, that authority.

(5) This section does not affect any right of the Crown under the Treasure Act 1996 (c. 24).

Commencement Information

I1 S. 71 not in force at Royal Assent, see s. 212(2)

I2 S. 71 in force at 4.11.2024 by S.I. 2024/860, art. 3(a)