Ancient Monuments and Archaeological Areas Act 1979

[F1 9ZA Heritage partnership agreement E+W

(1) The Welsh Ministers may enter into an agreement under this section (a “heritage partnership agreement”) with the owner of—

(a) a scheduled monument situated in Wales; or

(b) any land adjoining or in the vicinity of such a scheduled monument (“associated land”).

(2) Any of the following may also be a party to a heritage partnership agreement (in addition to the owner and the Welsh Ministers)—

(a) any occupier of the scheduled monument or its associated land;

(b) any person with an interest in the scheduled monument or its associated land;

(c) any person involved in the management of the scheduled monument or its associated land;

(d) any local authority in whose area the scheduled monument or its associated land is situated;

(e) any local authority which is a guardian of the scheduled monument or its associated land by virtue of this Act;

(f) any other person who appears to the Welsh Ministers appropriate as having a special knowledge of, or interest in, the scheduled monument, or in monuments of special historic or archaeological interest more generally.

(3) A heritage partnership agreement may contain provision—

(a) granting scheduled monument consent under section 2(3) for specified works for the purpose of removing or repairing the scheduled monument to which the agreement relates or any part of it, or of making any alterations or additions to the monument; and

(b) specifying any conditions to which the consent is subject (whether with respect to the manner in which or the persons by whom the works or any of the works are to be executed or otherwise).

(4) A heritage partnership agreement may also—

(a) specify or describe works that would, or would not, in the view of the parties to the agreement, constitute works to which section 2 applies;

(b) make provision about the maintenance and preservation of the scheduled monument or its associated land;

(c) make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the scheduled monument or its associated land;

(d) provide for public access to the scheduled monument or its associated land and the provision of associated facilities, information or services to the public;

(e) restrict access to, or use of, the scheduled monument or its associated land;

(f) prohibit the doing of any specified thing in relation to the scheduled monument or its associated land;

(g) provide for the Welsh Ministers, or any local authority in whose area the scheduled monument or its associated land is situated, to make payments of specified amounts and on specified terms—

(i) for, or towards, the cost of any works provided for under the agreement; or

(ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

(5) In this section “specified” means specified or described in the heritage partnership agreement.

(6) In this section and in section 9ZB “owner”, in relation to a scheduled monument or its associated land, means a person who is for the time being—

(a) the estate owner in respect of the fee simple in the monument or its associated land (as the case may be); or

(b) entitled to a tenancy of the monument or its associated land (as the case may be) for a term of years certain of which not less than 7 years remains unexpired.

(7) Where more than one person is the owner of a scheduled monument or its associated land, the references in subsection (1) and in section 9ZB(2)(b) to the owner are to any one or more of those persons.]

Textual Amendments

F1 Ss. 9ZA, 9ZB and cross-heading inserted (E.W.) (21.3.2016 for specified purposes, 1.1.2022 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 11(1), 41(1)(c)(3); S.I. 2021/1059, art. 2(a)