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Historic Environment (Wales) Act 2023

Section 18 — Power to grant consent subject to conditionsSection 19 — Condition about period within which works must start

76.Section 18 allows scheduled monument consents to be granted subject to conditions. The section provides two examples of conditions, but these are not exhaustive. Conditions may relate directly to the way in which works are carried out or they may impose other requirements, such as a programme of archaeological recording and reporting or the publication of results after the completion of archaeological excavations and any necessary post-excavation analysis.

77.Section 19(1) requires a scheduled monument consent to be granted subject to a condition that the works must start before the end of a period specified in the condition. If the consented works do not start within that period, the consent will lapse. Where works are started within the specified period, a consent will have effect as provided by section 17(5).

78.Subsection (2) sets out that if a consent is granted without a condition specifying a period within which works must begin, the works must begin within five years of the day on which consent was granted.

79.Subsection (3) provides that this section does not apply in relation to three classes of scheduled monument consents:


scheduled monument consents that cease to have effect at the end of a specified period (irrespective of whether works have started)

Such consents often relate to short-term events or activities at a monument for which a very specific period may be defined. The period of a consent could also be specified, for instance, in order to limit the impact of works on protected species.


scheduled monument consents granted under section 13(2) for works carried out before consent was granted

Since the consent authorises works that have already been completed, a requirement for works to begin is unnecessary.


scheduled monument consents granted by a scheduled monument partnership agreement.

Scheduled monument partnership agreements may run for ten to fifteen years and the consents that they grant last for the lifetime of the agreements, irrespective of when works begin.

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