C1 Part I Ancient Monuments
F1Scheduled monument enforcement notices
Ss. 9ZC-9ZH and cross-heading inserted (E.W.) (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 12(1), 41(2)
9ZGFailure to comply with scheduled monument enforcement notice
1
This section applies where after the end of a period specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(c) or (d)—
a
the works specified as being required to cease have not ceased; or
b
the steps specified as being required to be taken have not been taken.
2
The person who is for the time being owner of the scheduled monument or of the land in, on or under which it is situated is in breach of the notice.
3
If the owner of a monument or land is in breach of a scheduled monument enforcement notice, the owner is guilty of an offence.
4
An offence under this section may be charged by reference to a day or to some longer period; accordingly, a person may, in relation to the same scheduled monument enforcement notice, be convicted of more than one offence under this section by reference to different periods.
5
In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did everything the person could be expected to do to secure that—
a
in a case concerning works required to cease, the works did cease; or
b
in a case concerning steps required to be taken, the steps were taken.
6
In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the scheduled monument enforcement notice.
7
A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.
8
In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the execution of the works to which the scheduled monument enforcement notice relates.
Pt. I (ss. 1-32) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)