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Ancient Monuments and Archaeological Areas Act 1979, Section 9ZB is up to date with all changes known to be in force on or before 11 September 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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(1)A heritage partnership agreement—
(a)must be in writing;
(b)must make provision for the parties to review its terms at intervals specified in the agreement;
(c)must make provision for its termination and variation; and
(d)may contain incidental and consequential provision.
(2)A heritage partnership agreement may relate to more than one scheduled monument, provided that the following are parties to the agreement in each case—
(a)the Welsh Ministers; and
(b)the owner of the scheduled monument or the owner of land adjoining or in the vicinity of the scheduled monument.
(3)The Welsh Ministers must by regulations make provision—
(a)about the consultation that must take place before a heritage partnership agreement is made or varied;
(b)about the publicity that must be given to a heritage partnership agreement before or after it is made or varied;
(c)specifying terms that must be included in a heritage partnership agreement; and
(d)enabling the Welsh Ministers to terminate by order a heritage partnership agreement or any provision of such an agreement.
(4)Regulations made under subsection (3)(a) must require the Welsh Ministers to consult the following persons before entering into a heritage partnership agreement under section 9ZA(1)(a)—
(a)the owner of the scheduled monument to which the proposed agreement relates;
(b)any occupier of the scheduled monument;
(c)any local authority in whose area the scheduled monument is situated;
(d)any local authority which is a guardian of the scheduled monument.
(5)Regulations made under subsection (3)(a) must require the Welsh Ministers to consult the following persons before entering into a heritage partnership agreement under section 9ZA(1)(b)—
(a)the owner of the land to which the proposed agreement relates;
(b)any occupier of the land;
(c)any local authority in whose area the land is situated;
(d)any local authority which is a guardian of the land by virtue of this Act.
(6)Regulations made under section (3)(d) may specify provision that may be included in an order made by virtue of that paragraph, including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision.
(7)The Welsh Ministers may by regulations make provision disapplying, or applying or reproducing with or without modifications, any provision of this Act for the purposes of heritage partnership agreements.
(8)A heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not a party to the agreement (and, accordingly, scheduled monument consent granted by such an agreement enures only for the benefit of the parties to the agreement).]
Textual Amendments
F1Ss. 9ZA, 9ZB and cross-heading inserted (E.W.) (21.3.2016 for specified purposes, 1.1.2022 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 11(1), 41(1)(c)(3); S.I. 2021/1059, art. 2(a)
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