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Historic Environment (Wales) Act 2023

Section 34 — Compensation for loss or damage caused by temporary stop notice

129.Section 34 provides that any person with an interest in a monument or land to which a temporary stop notice relates may be entitled to compensation from the Welsh Ministers for loss or damage directly attributable to the effect of a temporary stop notice.

130.Subsection (1) provides that compensation is only payable where:

a.

the works specified in the notice did not breach section 11 at the time the notice took effect (that is, they were either authorised or did not require authorisation); or

b.

the works specified in the notice did not breach a condition of a scheduled monument consent at the time the notice took effect; or

the Welsh Ministers withdrew the temporary stop notice after it took effect.

However, subsection (2) further provides that no compensation is payable if the Welsh Ministers withdraw a notice after granting a scheduled monument consent that will allow the works specified in the notice to proceed.

131.Subsection (5) also excludes any claim for loss or damage that might have been avoided if the claimant had provided information required by the Welsh Ministers regarding interests in the land under section 197 or had otherwise cooperated with the Welsh Ministers.

132.Sections 202 and 203 make additional provisions about claims for compensation under this Act (see paragraph 45 above).

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