Coal Mining Subsidence Act 1991

19 Ancient monuments and listed buildings. E+W+S

(1) This section applies where any property which—

(a) is for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M1 Ancient Monuments and Archaeological Areas Act 1979;

(b) has been notified to the Corporation by the Secretary of State as an ancient monument within the meaning of that Act for the time being under the care of the Secretary of State; or

(c) is a listed building within the meaning of section 1 of the M2 Planning (Listed Buildings and Conservation Areas) Act 1990, or [F1 section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997], and is not of a description specified in an order made by the Secretary of State,

is affected by subsidence damage and the character of the property as one of historic, architectural, archaeological or other special interest is or may be affected by that damage.

[F2 (1A) This section also applies where any property in Wales which—

(a) is a scheduled monument within the meaning given by section 3 of the Historic Environment (Wales) Act 2023,

(b) has been notified to the Corporation by the Secretary of State as a monument of special historic interest, within the meaning given by section 75(6) of that Act, for the time being under the guardianship of the Welsh Ministers, or

(c) is a listed building within the meaning given by section 76 of that Act, and is not of a description specified in an order made by the Secretary of State,

is affected by subsidence damage and the character of the property as one of historic, architectural, archaeological or other special interest is or may be affected by that damage.]

(2) If and to the extent that it is reasonably practicable and in the public interest so to restore the property to its former condition as to maintain its character as one of special interest, this Part shall have effect in relation to the damage as if—

(a) section 6(2)(a) above defined “remedial works” as such works as are necessary for the purpose of so restoring the property; and

(b) section 10 above were omitted.

(3) Any question arising by virtue of subsection (2) above as to whether or how far it is reasonably practicable or in the public interest to restore any property as mentioned in that subsection shall be determined by the Secretary of State.

(4) In this section “former condition”, in relation to any property, means a condition comparable to its condition immediately before the subsidence damage occurred.

Textual Amendments

F1 Words in s. 19(1)(c) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 50

F2 S. 19(1A) inserted (W.) (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 162 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Commencement Information

I1 S. 19 wholly in force at 30.11.1991 see s. 54(2) and S.I. 1991/2508, art. 2.

Marginal Citations

M1 1979 c. 46.

M2 1990 c. 9.