Historic Environment (Wales) Act 2023

55 Public access to monuments under public control

(1) The Welsh Ministers and any local authority must ensure the public has access to any monument which is under their or its ownership or guardianship by virtue of this Chapter; but this is subject to—

(a) the following provisions of this section,

(b) any regulations or byelaws made under section 56, and

(c) any provision to the contrary included in any agreement relating to the monument made under section 25 or 51 (scheduled monument partnership agreements and management agreements).

(2) In relation to any monument under guardianship, the duty imposed by subsection (1) is also subject to any provision to the contrary in the guardianship deed.

(3) References in the following subsections to a monument are—

(a) in relation to the Welsh Ministers, to a monument which—

(i) is under their ownership or guardianship by virtue of this Chapter;

(ii) is under their control or management otherwise than by virtue of this Chapter;

(b) in relation to a local authority, to a monument which is under its ownership or guardianship by virtue of this Chapter.

(4) The Welsh Ministers or a local authority may control the times of normal public access to a monument.

(5) The Welsh Ministers or a local authority may exclude the public from access to a monument, or to any part of it, for any period they consider or it considers necessary—

(a) in the interests of safety;

(b) for its maintenance or preservation;

(c) in connection with events held or other organised activities carried out in or on it.

(6) The Welsh Ministers or a local authority may also impose other restrictions or controls on public access to a monument, or to any part of it, for a purpose mentioned in subsection (5).

(7) The Welsh Ministers or a local authority may charge the public for admission to a monument.

(8) The Welsh Ministers or a local authority may refuse a person admission to a monument if they have or it has reason to believe that the person is likely to do anything likely to damage the monument or its amenities or to disturb the public in their enjoyment of it.