PART 2

MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 1

KEY TERMS

Meaning of “monument” and “site of monument”
2
1
In this Act “monument” means—
a
any building, structure or work (whether above or below the surface of the land) and any cave or excavation;
b
the site of the remains of any building, structure or work or of the remains of any cave or excavation;
c
the site of any vehicle, vessel, aircraft or other moveable structure, or part of such an object, which neither constitutes nor forms part of any work which is a monument within paragraph (a);
d
the site of the remains of any object or part of an object mentioned in paragraph (c);
e
the site of any thing, or group of things, that evidences previous human activity (other than a site falling within paragraph (b), (c) or (d)).
2
For the purposes of subsection (1) any machinery attached to a monument is to be treated as part of the monument if it could not be detached without being dismantled.
3
Subsection (1)(a) does not apply to any religious building for the time being used for religious purposes; but this is subject to any exceptions specified in regulations made by the Welsh Ministers.
4
Subsections (1)(c) and (d) do not apply to—
a
the site of any object or its remains unless the position of that object or its remains in that particular site is a matter of public interest;
b
the site of any vessel or its remains which is protected by an order under section 1 of the Protection of Wrecks Act 1973 (c. 33) designating an area around the site as a restricted area.
5
For the purposes of this Act the site of a monument includes not only the land i‍n, on or under which it is situated but also any land comprising or adjoining that land which appears to the Welsh Ministers or a local authority, in the exercise in relation to that monument of any of their or its functions under this Part, to be essential for the monument’s support and preservation.
6
References in this Act to a monument include—
a
the site of the monument in question,
b
a group of monuments, and
c
any part of a monument or group of monuments.
7
References in this Act to the site of a monument—
a
are to the monument itself where it consists of a site, and
b
in any other case include the monument itself.
8
In this section “remains” includes any trace or sign of the previous existence of the thing in question.
S. 2 in force at 4.11.2024 by S.I. 2024/860, art. 3(a)
S. 2 not in force at Royal Assent, see s. 212(2)