Historic Environment (Wales) Act 2023

Grant of scheduled monument consent subject to conditions E+W

18 Power to grant consent subject to conditions E+W

(1) Scheduled monument consent may be granted subject to conditions.

(2) A condition may, for example—

(a) impose requirements with respect to the way in which or the persons by whom the works or any of the works are to be carried out;

(b) require that a person authorised by the Welsh Ministers be given an opportunity, before any works start, to examine the monument and its site and to carry out such excavations as the Welsh Ministers consider to be desirable for the purpose of archaeological investigation.

Commencement Information

I1 S. 18 not in force at Royal Assent, see s. 212(2)

I2 S. 18 in force at 4.11.2024 by S.I. 2024/860, art. 3(a)

19 Condition about period within which works must start E+W

(1) Scheduled monument consent must be granted subject to the condition that the works to which it relates must start before the end of a period which is specified in the condition and begins with the day the consent is granted.

(2) If consent is granted without the condition required by subsection (1), it is to be treated as having been granted subject to the condition that the works to which it relates must start within 5 years beginning with the day it was granted.

(3) This section does not apply to—

(a) scheduled monument consent which provides that it ceases to have effect at the end of a period specified in the consent (irrespective of whether any works have started),

(b) consent granted under section 13(2) (consent for works already carried out), or

(c) consent granted by a scheduled monument partnership agreement or a management agreement (see sections 25 and 51).

Commencement Information

I3 S. 19 not in force at Royal Assent, see s. 212(2)

I4 S. 19 in force at 4.11.2024 by S.I. 2024/860, art. 3(a)