PART 2

ANCIENT MONUMENTS ETC

Scheduled monument consent

Procedure for determining applications
9
1
In Part 1 of Schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (applications for scheduled monument consent), in paragraph 3, after sub-paragraph (4) insert—
5
This paragraph does not apply to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.
2
After paragraph 3 of that Schedule insert—
3A
1
This paragraph applies to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.
2
The Welsh Ministers may grant scheduled monument consent in respect of all or any part of the works to which an application relates.
3
Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers may—
a
cause a public local inquiry to be held; or
b
afford to the applicant, and to any other person to whom it appears to the Welsh Ministers expedient to do so—
i
an opportunity to appear before and be heard by a person appointed by the Welsh Ministers for that purpose; or
ii
an opportunity to make representations to a person appointed by the Welsh Ministers for that purpose.
4
Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers—
a
must, in every case, consider any representations made by any person with respect to that application; and
b
must also, if an inquiry or hearing has been held or representations have been made in accordance with sub-paragraph (3), consider the report of the person who held the inquiry or hearing or to whom the representations were made.
5
The Welsh Ministers must serve notice of their decision with respect to the application on the applicant and on every person who has made representations with respect to the application.