Explanatory Notes

Historic Environment (Wales) Act 2023

3

14 June 2023

Commentary on Sections

Part 2 — Monuments of special historic interest

Chapter 3 — Control of works affecting scheduled monuments
Section 24 — Compensation where works affecting a scheduled monument cease to be authorised

89.This section provides for compensation to be paid if works previously authorised cease to be so authorised. Subsection (1) provides that this may happen if:

a.

an authorisation under section 12 ceases to apply when a class of works specified in Schedule 3 is amended or the Welsh Ministers direct that section 12(1) does not apply to a scheduled monument;

b.

scheduled monument consent is modified or revoked by an order made under section 20; or

c.

authorisation is cancelled following the service of a notice of proposed modification or revocation of scheduled monument consent as set out in paragraph 2 of Schedule 4.

90.Any person with an interest in the monument is entitled, on making a claim for compensation to the Welsh Ministers, to be paid compensation by them for any expenditure incurred in carrying out works which become abortive by the cessation of authorisation or any other loss or damage directly attributable to that cessation. For the purposes of this section, expenditure incurred on carrying out works includes expenditure on preparatory matters, which might include, but are not limited to, site surveys, the preparation of plans or a heritage impact statement or the production of detailed specifications of materials and methodologies (subsections (2) and (4)).

91.Sections 202, 203 and 204 make additional provisions about claims for compensation under this Act.