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Ancient Monuments and Archaeological Areas Act 1979, Section 9ZE is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A person on whom a scheduled monument enforcement notice is served, or any other person with an interest in the monument or land concerned, may appeal to a magistrates' court against the notice.
(2)An appeal under this section must be brought before the date specified in the notice for the purposes of section 9ZC(3)(a).
(3)An appeal under this section may be brought on any of the following grounds—
(a)that the matters alleged to constitute the contravention specified for the purposes of section 9ZC(3)(b) have not occurred;
(b)that those matters, in so far as they have occurred, do not constitute a contravention of section 2(1) or (6);
(c)that works to the monument or land were urgently necessary in the interests of safety or health and that—
(i)it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter;
(ii)the works carried out were limited to the minimum measures immediately necessary; and
(iii)written notice justifying in detail the need for the works was given to the Welsh Ministers as soon as reasonably practicable;
(d)that a copy of the notice was not served as required by section 9ZD;
(e)that a period specified for the purposes of section 9ZC(3)(c) or (d) falls short of what should reasonably be allowed.
(4)Where an appeal under this section is brought, the notice is of no effect until the appeal is finally determined or withdrawn.
(5)On an appeal under this section, a magistrates' court may uphold the notice or quash it.
(6)The court may uphold a notice even if copies of it have not been served in accordance with section 9ZD if the court is satisfied that no person on whom a copy should have been, but was not, served has been substantially prejudiced by the failure.]
Textual Amendments
F1Ss. 9ZC-9ZH and cross-heading inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 12(1), 41(2)
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