Historic Environment (Wales) Act 2023 Explanatory Notes

Section 56 — Power to make regulations and byelaws in connection with public access to monuments under public control

185.Section 56 provides that the Welsh Ministers and local authorities may regulate access to monuments in their ownership or guardianship by making, respectively, regulations (subsection (1)) or byelaws (subsection (3)) that prohibit or regulate any act or thing likely to:

a.

damage the monument or its amenities, or

b.

disturb the public in their enjoyment of it.

186.These regulations or byelaws could be used to address issues of antisocial behaviour, such as vandalism or out-of-hours gatherings on site.

187.Subsection (2) also applies regulations made under subsection (1) to monuments that are under the control or management of the Welsh Ministers, but not by virtue of their ownership or guardianship.

188.Failure to comply with the regulations or byelaws made under this section constitutes an offence that, on summary conviction, is subject to a fine not exceeding level 2 on the standard scale (subsections (4) and (5)).

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