Point in time view as at 15/06/2023. This version of this provision is prospective.
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Historic Environment (Wales) Act 2023, Section 58 is up to date with all changes known to be in force on or before 06 October 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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Prospective
(1)A person who without lawful excuse destroys or damages a protected monument is guilty of an offence if the person—
(a)knew or ought reasonably to have known that it was a protected monument, and
(b)intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.
(2)In subsection (1) “protected monument” means—
(a)a scheduled monument, or
(b)a monument under the ownership or guardianship of the Welsh Ministers or a local authority by virtue of this Chapter.
(3)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.
(4)In subsection (3) “excepted works” means—
(a)works authorised under Chapter 3;
(b)works for which development consent has been granted under the Planning Act 2008 (c. 29).
(5)A person guilty of an offence under this section is liable—
(a)on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;
(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.
Commencement Information
I1S. 58 not in force at Royal Assent, see s. 212(2)
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