EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made under powers given to the Welsh Ministers by the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (“the 1979 Act”). They make provision about heritage partnership agreements relating to scheduled monuments in Wales.
The 1979 Act protects monuments of archaeological or historic interest. A monument may comprise a building, structure, work, cave or excavation, or site. The 1979 Act provides that the Welsh Ministers must maintain a record (referred to as a “Schedule”) of monuments in Wales that are of national importance. Particular types of works may only be carried out to a “scheduled monument” if they are authorised by the Welsh Ministers. This authorisation is called “scheduled monument consent” and is granted under Part 1 of the 1979 Act.
The Historic Environment (Wales) Act 2016 (anaw 4) amended the 1979 Act to introduce a “heritage partnership agreement”. This is an agreement between the Welsh Ministers and the owner of a scheduled monument in Wales or the owner of land adjoining, or in the vicinity of, such a scheduled monument (referred to as “associated land”). There may also be additional parties to a heritage partnership agreement, including any other person with an interest in the monument or associated land. Section 9ZB(2) of the 1979 Act provides that a heritage partnership agreement may relate to more than one scheduled monument.
A heritage partnership agreement may grant scheduled monument consent for a programme of works specified in the agreement. The works may only be for the purpose of removing or repairing a scheduled monument to which the agreement applies, or any part of it, or of making any alterations or additions to such a monument.
Section 9ZB(3) of the 1979 Act requires the Welsh Ministers to make Regulations to make further provision about the content of heritage partnership agreements and the procedures for agreeing and terminating agreements.
Regulation 3 sets out matters that must be included in a heritage partnership agreement. They include things such as enough information to identify the scheduled monument or associated land to which the agreement relates, and the duration of the agreement.
Regulations 4 and 5 make provision about consultation and publicity requirements. Regulation 4 sets out the consultation and publicity requirements with which the Welsh Ministers must comply before they enter into a heritage partnership agreement or an existing agreement is varied to include one or more additional scheduled monuments or to extend its duration. They include consulting with the owner and occupier of the land, and with relevant local authorities, and publicising draft heritage partnership agreements or draft variations to agreements by electronic means for a specified number of days.
Regulation 5 provides that the Welsh Ministers must publish a list, by electronic means, of heritage partnership agreements that are in effect and must update the list as soon as practicable after entering into a new heritage partnership agreement or if variations are made.
Regulations 6 to 8 provide for a procedure by which the Welsh Ministers may, by order (“a termination order”) terminate a heritage partnership agreement, or a provision of such an agreement, without the agreement of the other parties to the agreement. The Welsh Ministers may only do so where they serve notice of their intentions on the other parties (a “notice of proposed termination”) and specified conditions are met. The notice of proposed termination may, among other things, provide that any works authorised by the agreement are no longer authorised and must not be carried out on or after a date specified in the notice. The conditions include the other parties to the agreement and other interested persons being given the opportunity to object to the termination order.
Regulation 9 provides that, after making a termination order, the Welsh Ministers must send it to specified persons, including the other parties to the agreement.
Regulation 10 reproduces section 9 of the 1979 Act, with modifications, to make provision about compensation that the Welsh Ministers may have to pay where they serve a notice of proposed termination or make a termination order. If a party to the agreement has incurred specified expenditure or has otherwise sustained loss or damage, the Welsh Ministers may be required to compensate that person.
Regulation 11 and the Schedule disapply or modify other provisions of the 1979 Act for the purposes of heritage partnership agreements. The provisions set rules for assessing the compensation payable where the Welsh Ministers serve a notice of proposed termination or make a termination order and give a person authorised by the Welsh Ministers power to enter land to inspect a scheduled monument in connection with a proposal for a heritage partnership agreement to be terminated.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Cadw, Tŷ’r Afon, Bedwas Road, Caerphilly, CF83 8WT and on the Welsh Government’s website at www.gov.wales.