Historic Environment (Wales) Act 2023

194 Duty to maintain historic environment records E+W

(1) The Welsh Ministers must maintain a historic environment record for every local authority area.

(2) A historic environment record is a record which provides—

(a) details of every scheduled monument in the authority’s area,

(b) details of every listed building in the authority’s area,

(c) details of every conservation area in the authority’s area,

(d) details of every park or garden in the authority’s area which is included in the register of historic parks and gardens maintained under section 192,

(e) details of every conflict site in the authority’s area which the Welsh Ministers consider to be of historic interest,

(f) where a public authority (whether by itself or jointly with other persons) maintains a list of historic landscapes in Wales, details of every historic landscape in the local authority’s area which is included in the list,

(g) details of every world heritage site in the authority’s area,

(h) details of every other area or site in the authority’s area which the authority considers or the Welsh Ministers consider to be of local historic, archaeological or architectural interest,

(i) information about the way in which the historic, archaeological or architectural development of the authority’s area, or any part of it, has contributed to the present character of the area or part and about how that character may be preserved,

(j) details of relevant investigations carried out in the authority’s area and of the findings of those investigations, and

(k) a means of accessing details of every historic place name in the authority’s area which is included in the list maintained under section 193.

(3) In subsection (2)(e) “conflict site” means—

(a) a battlefield or a site on which some other conflict involving military forces took place, or

(b) a site on which significant activities relating to a battle or other conflict involving military forces occurred.

(4) In subsection (2)(g) “world heritage site” means anything appearing on the World Heritage List kept under Article 11(2) of the UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972.

(5) In subsection (2)(j) “relevant investigation” means—

(a) an investigation by a local authority or the Welsh Ministers for the purpose of obtaining information of historic, archaeological or architectural interest relating to the authority’s area, and

(b) any other investigation for that purpose which the Welsh Ministers consider appropriate to include in the record.

(6) The Welsh Ministers may by regulations amend this section to vary the meaning of “historic environment record”.

(7) Before making regulations under subsection (6), the Welsh Ministers must consult—

(a) every local authority, and

(b) any other persons the Welsh Ministers consider appropriate.

(8) For the purposes of this section—

(a) any reference to a local authority’s area includes, in the case of an authority whose area includes part of the seashore, any part of the sea that lies seaward from that part of the shore and forms part of Wales, and

(b) an area, site or thing is to be treated as being in a local authority’s area if any part of it is in the area.

(9) In this section and section 196, “local authority” means a county council or county borough council in Wales.

Commencement Information

I1 S. 194 not in force at Royal Assent, see s. 212(2)

I2 S. 194 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)