The Welsh Ministers must maintain a schedule of monuments in Wales which they consider to be of national importance, and must publish the up-to-date schedule.

An entry in the schedule for a monument must include a map maintained by the Welsh Ministers that identifies the area of the monument.

The Welsh Ministers may not add to the schedule any building or structure occupied as a dwelling by any person other than the caretaker of the building or structure or a member of the caretaker’s family.

An entry in the schedule recording the inclusion of a monument is a local land charge.

In this Part “the schedule” means the schedule maintained under this section.

In this Act “scheduled monument” means a monument included in the schedule.

The period specified under subsection (4)(a) must be at least 28 days beginning with the day the notice is served.

The protection conferred by virtue of subsection (2) is referred to in this Part as “interim protection”.

Schedule 1 makes provision about the effect of interim protection coming to an end under subsections (1)(b) and (2)(b).

This section applies where interim protection ends in relation to a monument because of a notice under section 7(1)(b) or (2)(b).

Any person who had an interest in the monument when the interim protection took effect is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any loss or damage suffered by the person that is directly attributable to the interim protection.

The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by the need to stop or cancel works to the monument because of the interim protection.

A claim for compensation under this section must be made in writing within 6 months beginning when the interim protection ends.

An application may be made only on the ground that the monument or part (as the case may be) is not of national importance.

The Welsh Ministers may by regulations specify descriptions of cases in which they, instead of a person appointed by them, must carry out and make a decision on a review.

The Welsh Ministers must make any amendment to the schedule they consider appropriate to give effect to the decision on a review.

The Welsh Ministers may by regulations make further provision in connection with reviews under section 9.

Schedules 2 and 6 make further provision about reviews under section 9.

A person commits an offence if the person carries out, or causes or permits to be carried out, works in relation to a scheduled monument in breach of section 11 (requirement for works to be authorised).

Subsection (2) does not limit what may be an offence under subsection (1).

In proceedings against a person for an offence under subsection (2), it is a defence for the person to prove that the person took all reasonable precautions and exercised all due diligence to avoid breaching the condition.

In proceedings against a person for an offence under this section in relation to works within section 11(2)(a), it is a defence for the person to prove that the person took all reasonable precautions and exercised all due diligence to avoid or prevent damage to the monument.

A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

The Welsh Ministers must display a copy of a temporary stop notice on the monument or land to which it relates, and the copy must specify the date on which it is first displayed.

A temporary stop notice takes effect when a copy of it is first displayed in accordance with section 31.

But if the Welsh Ministers withdraw the notice before the end of the period for which it would otherwise have effect, the notice ceases to have effect when it is withdrawn.

The Welsh Ministers may not issue a second or subsequent temporary stop notice in relation to the same works unless they have, since issuing the previous notice, taken other enforcement action in relation to the breach referred to in section 31(1)(a).

A person commits an offence if, at any time when a temporary stop notice has effect, the person carries out works prohibited by the notice or causes or permits such works to be carried out.

A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same temporary stop notice by reference to different periods.

In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.

A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

In determining the amount of the fine, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

Any person who has an interest in the monument or land to which the notice relates‍ at the time the notice takes effect is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any loss or damage suffered by the person that is directly attributable to the effect of the notice.

The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by taking action necessary to comply with the notice.

Where an enforcement notice imposes a requirement under subsection (3)(b), scheduled monument consent is to be treated as having been granted for any works carried out in compliance with the requirement.

The notice takes effect at the beginning of the day specified under subsection (1)(a); but where an appeal is made against the notice under section 39, this is subject to subsection (4) of that section.

An enforcement notice may specify different periods for stopping different works or taking different steps.

The Welsh Ministers may exercise the powers in subsection (1) whether or not the notice has taken effect.

The withdrawal of an enforcement notice does not prevent the Welsh Ministers from issuing another enforcement notice.

Subsection (5) applies where the Welsh Ministers had served copies of the enforcement notice under section 36(4) before exercising the powers in subsection (1).

Immediately after exercising any of those powers, the Welsh Ministers must give notice that they have done so to every person who was served with a copy of the enforcement notice (or who would be served with a copy of the notice if it were reissued).

The fact that an enforcement notice has wholly or partly ceased to have effect by virtue of this section does not affect the liability of any person for an offence in respect of a previous failure to comply with the notice (see section 41).

A person on whom a copy of an enforcement notice is served, or any other person with an interest in the monument or land to which the notice relates, may appeal to a magistrates’ court against the notice.

An appeal must be made before the date specified in the notice as the date on which it is to take effect.

Where an appeal is made, the notice has no effect until the appeal is finally determined or withdrawn.

On an appeal under this section, a magistrates’ court may uphold the notice or quash it.

The court may uphold a notice even if a copy of it was not served on a person who was required by section 36 to be served, if the court is satisfied that the person has not been substantially prejudiced by the failure.

The liability under subsection (1) of a person who is the owner of a monument or land merely by virtue of being entitled to receive the rack rent as trustee for another person is limited to the total amount of money the person has or has had by virtue of that entitlement.

Where, on an application by way of complaint made by an owner of a scheduled monument or land, a magistrates’ court is satisfied that an occupier of the monument or land is preventing the owner from taking steps required by an enforcement notice, the court may by warrant authorise the owner to enter the land and take the steps.

Where, at any time after the end of the period within which an enforcement notice requires any works to be stopped or any step to be taken, the works are being carried out or the step has not been taken, a person who is at that time an owner of the scheduled monument or land to which the notice relates is guilty of an offence.

A person may be charged with an offence under this section by reference to a day or a longer period, and a person may be convicted of more than one offence in relation to the same enforcement notice by reference to different periods.

A person guilty of an offence under this section is liable on summary conviction, or on conviction for indictment, to a fine.

In determining the amount of the fine, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

The Welsh Ministers may make an application whether or not they have exercised or are proposing to exercise any of their other powers under this Part.

The court may grant an injunction on any terms it considers appropriate for the purpose of restraining the breach.

The Welsh Ministers may acquire compulsorily any monument of special historic interest for the purpose of securing its preservation.

The Acquisition of Land Act 1981 (c. 67) applies to an acquisition under this section.

Subsection (4) applies for the purpose of assessing compensation for any acquisition under this section of a monument which is a scheduled monument immediately before the day the compulsory purchase order is made.

Where this subsection applies, it is to be assumed that scheduled monument consent would not be granted for any works which would or might result in the demolition, destruction or removal of the monument or any part of it.

The Welsh Ministers may acquire by agreement any monument of special historic interest.

A local authority may acquire by agreement any monument of special historic interest in or in the vicinity of its area.

The Welsh Ministers or any local authority may accept a gift (whether by deed or will) of any monument of special historic interest.

Part 1 of the Compulsory Purchase Act 1965 (c. 56) applies (so far as relevant) to an acquisition under this section, other than sections 4 to 8, section 10 and section 31 of that Act.

A person with a qualifying interest in a monument of special historic interest may, with the agreement of the Welsh Ministers, appoint them by deed as guardians of the monument.

A person with a qualifying interest in a monument of special historic interest may, with the agreement of any local authority in or in the vicinity of whose area the monument is situated, appoint the authority by deed as guardian of the monument.

A person who is not the occupier of a monument may not establish guardianship of the monument under this section unless the occupier is also a party to the deed.

Any other person who has an interest in the monument may be a party to the deed in addition to the person establishing the guardianship of the monument and (where the latter is not the occupier) the occupier.

In subsection (5)(c) “trust of land” has the same meaning as in the Trusts of Land and Appointment of Trustees Act 1996 (c. 47).

In this Chapter “guardianship deed” means a deed executed under subsection (1) or (2).

A guardianship deed is a local land charge.

Every person deriving title to a monument of special historic interest from, through or under any person who has executed a guardianship deed is bound by the deed unless the person derives title by virtue of any disposal made by the person who executed the deed before the date of the deed.

The Welsh Ministers or a local authority may not become guardians of a building or structure occupied as a dwelling by any person other than the caretaker of the building or structure or a member of the caretaker’s family.

Any person who has any estate or interest in a monument under guardianship has the same right and title to, and estate or interest in, the monument in all respects as if the monument were not under guardianship; but this is subject to any provision to the contrary in this Part.

The guardian of a monument must maintain it, and may do anything the guardian considers necessary for its maintenance.

The guardian of a monument has full control and management of it, and may do anything the guardian considers necessary for its proper control and management.

The power in subsection (2) includes power to require the payment of a charge in connection with any use of the monument.

The guardian of a monument may enter the site of the monument for the purpose of exercising any of the guardian’s powers under this section in relation to it (and may authorise any other person to enter the site and exercise those powers on the guardian’s behalf).

Subsections (2) to (4) are subject to any provision to the contrary in the guardianship deed.

In the absence of such an agreement, a monument remains under guardianship (unless it is acquired by its guardian) until an occupier of the monument who is entitled to terminate the guardianship gives notice in writing to that effect to the guardian of the monument.

A local authority must consult the Welsh Ministers before making an agreement under subsection (1).

An agreement under subsection (1) must be made under seal.

For the purposes of subsection (1) a person is immediately affected by the operation of a guardianship deed relating to a monument if the person is bound by that deed and is in possession or occupation of the monument.

References in sections 43 to 46 to a monument of special historic interest include any land adjoining or in the vicinity of the monument which the Welsh Ministers consider, or (as the case may be) a local authority considers, to be reasonably required for any of the purposes mentioned in subsection (2).

The power of compulsory acquisition in section 43(1), as it applies by virtue of subsection (1) of this section, is to be read as if for “the purpose of securing its preservation” there were substituted “any of the purposes mentioned in section 49(2)”.

Land may be acquired or taken into guardianship by virtue of this section either at the same time as the monument or later.

A person who is the guardian of any land by virtue of this section may enter the land for the purpose of exercising the guardian’s powers under subsection (5) (and may authorise any other person to enter the site and to exercise those powers on the guardian’s behalf).

Section 48(1) to (4) and (7) apply in relation to any land taken into guardianship by virtue of this section as they apply in relation to a monument.

An acquisition under subsection (1) may be made by agreement or compulsorily.

An acquisition under subsection (3) may only be made by agreement.

For the purposes of subsection (5) “relevant right” means a right (of any description) which would, if acquired by an owner of the monument or land in question, be an easement.

A right acquired under subsection (5) is a local land charge.

The powers of acquisition in this section include power to acquire an easement or right by the grant of a new right.

The Acquisition of Land Act 1981 (c. 67) applies to any compulsory acquisition under this section.

Part 1 of the Compulsory Purchase Act 1965 (c. 56) applies (so far as relevant) to an acquisition by agreement under this section, other than sections 4 to 8, section 10 and section 31 of that Act.

An agreement under this section is referred to in this Part as a “management agreement”.

Any person who has an interest in a monument of special historic interest or in any land adjoining or in the vicinity of such a monument may be a party to a management agreement (in addition to the occupier).

A management agreement may also contain incidental and consequential provision.

Where a management agreement made by the Welsh Ministers grants scheduled monument consent subject to conditions, the agreement must specify those conditions.

Subsection (9) applies where a management agreement expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising under it is to be binding on the successors of any party to the agreement.

Every person deriving title to the monument or land in question from, through or under that party is bound by the agreement, or by that restriction, prohibition or obligation, unless the title is derived by virtue of any disposal made by that party before the date of the agreement.

Section 84 of the Law of Property Act 1925 (c. 20) (power of Upper Tribunal to discharge or modify restrictive covenants) does not apply to a management agreement.

In this section “specified” means specified or described in a management agreement.

A person may establish guardianship of a monument or land under section 45 or join in executing a guardianship deed under that section, despite being a limited owner of the monument or land.

A person may grant an easement or other right over land which the Welsh Ministers are or any local authority is authorised to acquire under section 50, despite being a limited owner of the land.

A person may make a management agreement under section 51 with respect to a monument or land, despite being a limited owner of the monument or land.

Where a person who is a limited owner of any land by virtue of holding an interest in the land in any of the ways mentioned in subsection (5) executes a guardianship deed in relation to the land, the guardianship deed binds every successive owner of any estate or interest in the land.

But where the land is, at the date of the deed, subject to any incumbrance not capable of being overreached by the limited owner in exercise of any powers of sale or management conferred on the limited owner by law or under any settlement or other instrument, the deed does not bind the incumbrancer.

Where a management agreement under section 51 to which a limited owner is a party expressly provides that the agreement as a whole or any restriction, prohibition or obligation arising under the agreement binds the limited owner’s successors, subsections (9) and (10) apply to the agreement or (as the case may be) to the restriction, prohibition or obligation in question.

Where a person is a limited owner by virtue of holding an interest in any of the ways mentioned in subsection (5), the agreement or restriction, prohibition or obligation binds every successive owner of any estate or interest in the land.

But where the land is, at the date of the agreement, subject to any incumbrance not capable of being overreached by the limited owner in exercise of powers of sale or management conferred on the limited owner by law or under any settlement or other instrument, the agreement or restriction, prohibition or obligation does not bind the incumbrancer.

Where the Welsh Ministers are the owners or guardians of a monument or associated land, they may transfer the ownership or guardianship of that monument or land to any local authority.

But the Welsh Ministers or a local authority may not transfer the guardianship of a monument or associated land under this section without the agreement of the persons who are for the time being immediately affected by the operation of the guardianship deed.

For the purposes of subsection (3) a person is immediately affected by the operation of a guardianship deed relating to a monument or land if the person is bound by that deed and is in possession or occupation of the monument or land.

The Welsh Ministers may dispose of any land acquired by them under section 43, 44 or 53.

A local authority may dispose of any land acquired by it under section 44 or 53, but must consult the Welsh Ministers before doing so.

Where the land disposed of under this section is or includes a monument, the disposal must be made on terms the person disposing of the land considers will ensure the preservation of the monument.

But subsection (3) does not apply if the person disposing of the land considers that it is no longer practicable to preserve the monument (whether because of the cost of preserving it or otherwise).

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.

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

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).

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

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.

The Welsh Ministers may regulate public access to any monument under their ownership or guardianship by virtue of this Chapter by making regulations that prohibit or regulate any act or thing likely to damage the monument or its amenities or disturb the public in their enjoyment of it.

Regulations under subsection (1) may also make provision in relation to any monument under the control or management of the Welsh Ministers otherwise than by virtue of this Chapter.

A local authority may regulate public access to any monument under its ownership or guardianship by virtue of this Chapter by making byelaws that prohibit or regulate any act or thing likely to damage the monument or its amenities or disturb the public in their enjoyment of it.

A person who fails to comply with provision made by regulations or byelaws under this section commits an offence.

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Byelaws made under this section may make different provision in relation to different monuments or different descriptions of monument.

Byelaws under this section do not take effect unless they are confirmed by the Welsh Ministers.

The Welsh Ministers may confirm the byelaws with or without modifications.

A local authority may provide facilities, information and other services to the public for or in connection with providing public access to any monument under its ownership or guardianship by virtue of this Chapter.

Facilities and information or other services for the public may be provided under this section in or on the monument itself or on any land associated with the monument.

The Welsh Ministers or a local authority may charge for the use of any facility or service provided by them or it under this section.

This section applies to anything done by or under the authority of the owner of the monument, other than an act for the carrying out of excepted works, as it applies to anything done by any other person.

Subsection (2) applies where an owner or any other person is convicted of an offence involving damage to a monument which was at the time of the offence under the guardianship of the Welsh Ministers or any local authority by virtue of Chapter 6.

Any compensation order made under Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons) in respect of that damage is to be made in favour of the Welsh Ministers or the local authority in question (as the case may require).

In this section—

• “consent” (“cydsyniad”) means the written consent of the Welsh Ministers;

• “metal detector” (“datgelydd metel”) means any device designed or adapted for detecting or locating any metal or mineral in the ground;

• “protected place” (“man gwarchodedig”) means—

  1. a

     the site of any scheduled monument, or

  2. b

     the site of any monument under the ownership or guardianship of the Welsh Ministers or a local authority by virtue of Chapter 6.

A person commits an offence if the person uses a metal detector in a protected place without consent to do so.

A person given consent to use a metal detector in a protected place commits an offence if the person, in using the metal detector in that place, fails to comply with any condition attached to the consent.

A person commits an offence if the person, without consent to do so, removes any object of archaeological or historical interest which the person has discovered by the use of a metal detector in a protected place.

A person given consent to remove or otherwise deal with any object which the person discovers by the use of a metal detector in a protected place commits an offence if, in removing or otherwise dealing with the object, the person fails to comply with any condition attached to the consent.

In any proceedings for an offence under subsection (2) it is a defence for a person to prove that the person used the metal detector for a purpose other than detecting or locating objects of archaeological or historical interest.

A person guilty of an offence under subsection (2) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person guilty of an offence under subsection (4) or (5) is liable on summary conviction, or on conviction on indictment, to a fine.

If it appears to the Welsh Ministers that any works to which section 11 (requirement for works to be authorised) applies are urgently necessary for the preservation of a scheduled monument, they may enter the site of the monument and carry out those works.

Before exercising the power in subsection (1) the Welsh Ministers must give at least 7 clear days’ written notice to every owner and occupier of the monument.

Where works are carried out under this section, the works are to be treated as authorised works for the purposes of Chapter 3 (control of works affecting scheduled monuments).

The Welsh Ministers may meet or contribute towards the cost of the acquisition by any person of any monument of special historic interest.

The Welsh Ministers may contribute towards the cost of the provision of facilities or services for the public by a local authority under section 57.

Neither the Welsh Ministers nor a local authority may incur expenditure under this section in connection with any building or structure which is occupied as a dwelling by any person other than the caretaker of the building or structure or a member of the caretaker’s family.

The Welsh Ministers may give advice about the treatment of any monument of special historic interest.

The Welsh Ministers may also supervise any work in connection with any monument of special historic interest if invited to do so by an owner of the monument.

The Welsh Ministers must supervise work in connection with any scheduled monument, if they consider it advisable (whether asked to do so by an owner or not).

The Welsh Ministers may charge for giving advice or supervising work under this section.

A local authority may publish the results of any archaeological investigation carried out, assisted or wholly or partly funded by it under this section.

The powers in subsection (1) may be exercised in relation to any land forming part of the sea bed within the seaward limits of the territorial sea adjacent to Wales.

An authorised person may enter any land to assess whether any works to which a scheduled monument consent or an authorisation under section 12 relates are or have been carried out in accordance with the terms of the consent or authorisation (including any conditions).

An authorised person may enter any land in, on or under which a scheduled monument is situated to erect and maintain on or near the site of the monument any notice boards and marker posts the Welsh Ministers consider to be desirable to protect the monument from accidental or deliberate damage.

The power in subsection (5) may not be exercised without the agreement of every owner and occupier of the land.

In this section “authorised person” means a person authorised in writing by the Welsh Ministers.

In this section “authorised person” means a person authorised in writing by the Welsh Ministers.

An authorised person may enter any land in, on or under which the Welsh Ministers know or have reason to believe there is a monument of special historic interest to inspect the land (including any building or other structure on it) with a view to recording any matters of archaeological or historical interest.

An authorised person entering any land in exercise of the power in subsection (1) may carry out excavations in the land for the purposes of archaeological investigation.

An excavation under subsection (2) requires the agreement of every person whose agreement to the making of the excavation would be required apart from this section.

But subsection (3) does not apply if the Welsh Ministers know or have reason to believe that a monument of special historic interest they know or believe to be in, on or under the land is or may be at risk of imminent damage or destruction.

In this section “authorised person” means a person authorised in writing by the Welsh Ministers.

An authorised person may enter any land to survey it, or estimate its value, in connection with a claim for compensation under this Part for any damage to that land or any other land.

The power to survey land under this section includes power to search and bore to determine the nature of the subsoil or the presence of minerals.

A power to enter land under this Part may be exercised at any reasonable time; but this subsection does not apply to section 65(5).

A person authorised to enter land under this Part may not enter any building or structure or part of a building or structure occupied as a dwelling without the agreement of every occupier; but this subsection does not apply to the power in section 68.

A person entering land in exercise of a power of entry under this Part may take assistance or equipment reasonably required for the purpose to which the entry relates.

Where a person carries out any archaeological investigation or examination of land in the exercise of a power of entry under this Part, the person may take and remove any samples which appear to the person to be reasonably required for the purpose of archaeological analysis.

Subsection (8) does not apply where the works in question are being carried out in breach of section 11 (requirement for works to be authorised).

For the purposes of subsection (8), a requirement or condition is not reasonable if complying with it would frustrate the exercise of the power of entry or the purpose of entry.

A person who intentionally obstructs a person exercising a power of entry under this Part commits an offence.

A person guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

This section applies to any power to enter, or to do anything on, any land under section 40 or sections 65 to 68.

Any person interested in land is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any damage caused to the land or to property on it in the exercise of a power to which this section applies.

A claim for compensation under this section must be made in writing within 6 months beginning with the day the damage was caused (or if the damage was caused over more than one day, the last day it was caused).

This section does not affect any right of the Crown under the Treasure Act 1996 (c. 24).

The validity of a decision or order to which this section applies may not be questioned in any legal proceedings except an application for statutory review under section 73.

This section applies to an order under section 20 modifying or revoking a scheduled monument consent.

This section does not prevent any court exercising any jurisdiction in relation to a refusal or failure to make a decision to which this section applies.

A person aggrieved by a decision or order to which section 72 applies may make an application for statutory review.

An application for statutory review must be made before the end of 6 weeks beginning with the day after the day the decision or order to which the application relates is made.

This Part applies in relation to Crown land only to the extent set out below.

A monument situated in, on or under Crown land may be included in the schedule.

Any restrictions or powers imposed or conferred by this Part apply and are exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any interest of the Crown in the land.

In this Part—

• “archaeological examination” (“archwiliad archaeolegol”) has the meaning given by subsection (3);

• “archaeological investigation” (“ymchwiliad archaeolegol”) has the meaning given by subsection (2);

• “enforcement notice” (“hysbysiad gorfodi”) means an enforcement notice issued under section 35;

• “flooding operations” (“gweithrediadau i foddi tir”) means covering land with water or another liquid or partially liquid substance;

• “guardian” (“gwarcheidwad”) is to be interpreted in accordance with sections 45 and 49;

• “guardianship deed” (“gweithred warcheidiaeth”) has the meaning given by section 45(7);

• “interim protection” (“gwarchodaeth interim”) has the meaning given by section 6(3);

• “local authority” (“awdurdod lleol”) means—

  1. a

     a county council or county borough council in Wales, and

  2. b

     a National Park authority in Wales;

• “monument of special historic interest” (“heneb o ddiddordeb hanesyddol arbennig”) has the meaning given by subsection (6);

• “possession” (“meddiant”) includes receipt of rents and profits or the right to receive rents and profits (if any);

• “the schedule” (“y gofrestr”) has the meaning given by section 3;

• “scheduled monument consent” (“cydsyniad heneb gofrestredig”) has the meaning given by section 13;

• “temporary stop notice” (“hysbysiad stop dros dro”) means a temporary stop notice issued under section 31;

• “tipping operations” (“gweithrediadau tipio”) means tipping soil or spoil or depositing building or other materials or matter (including waste) on any land;

• “works” (“gwaith”) includes—

  1. a

     flooding or tipping operations,

  2. b

     any operations carried out for the purposes of agriculture (within the meaning of the Town and Country Planning Act 1990 (c. 8)) or forestry (including afforestation), and

  3. c

     operations of any other description.

In this Part “archaeological examination”, in relation to land, means any examination or inspection of the land (including buildings or other structures on the land) for the purpose of obtaining and recording any information of archaeological or historical interest.

In this Part (other than in Chapter 4) references to land associated with a monument (or to associated land) are to be interpreted in accordance with section 49(9).

In this Part references to a monument, in relation to the acquisition or transfer of any monument (whether under this Part or otherwise), include any interest in or right over the monument.

But the reference to a monument in subsection (6)(b) does not include a monument situated in, on or under the bed of the sea below the low water mark.