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The Historic Environment (Miscellaneous Amendments) (Wales) Regulations 2024

W.S.I. 2024/1258 · Made 26 November 2024 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2024.

This Statutory Instrument has been made in consequence of defects in S.I. 2024/924 (W. 151), S.I. 2024/929 (W. 154) and in S.I. 2024/930 (W. 155) and is being issued free of charge to all known recipients of those Statutory Instruments.

Historic Environment, Wales

Made 26 November 2024

Laid before Senedd Cymru 29 November 2024

Coming into force 31 December 2024

The Welsh Ministers, in exercise of the powers conferred on them by sections 26(5)(b), 91(1) and (2), 92(2), 96, 97, 209(2), 211(3)(a) and (4) of the Historic Environment (Wales) Act 2023f1, make the following Regulations.

Annotations to the whole text

Footnotes

f1

2023 asc 3.

Contents

  1. Part 1: Title and coming into force
  2. 1Title and coming into force
  3. Part 2: Amendments
  4. 2The Forestry (Felling of Trees) Regulations 1979
  5. 3The Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984
  6. 4The Transport and Works Applications (Listed Buildings, Conservation Areas and Ancient Monuments Procedure) Regulations 1992
  7. 5The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009
  8. 6The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
  9. 7The Developments of National Significance (Procedure) (Wales) Order 2016
  10. 8The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015
  11. 9The Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017
  12. 10The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024
  13. 11The Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024
  14. 12The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024
  15. Signature
  16. Explanatory note

1Title and coming into forceI1

(1)

The title of these Regulations is the Historic Environment (Miscellaneous Amendments) (Wales) Regulations 2024.

(2)

These Regulations come into force on 31 December 2024.

2The Forestry (Felling of Trees) Regulations 1979I1

In Schedule 2 to the Forestry (Felling of Trees) Regulations 1979f1, in paragraph (i), after “1990” insert “or under section 158 of the Historic Environment (Wales) Act 2023”.

3The Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984I1

In article 1(2) of the Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984f1, omit “or Wales”.

4The Transport and Works Applications (Listed Buildings, Conservation Areas and Ancient Monuments Procedure) Regulations 1992I1

In Schedule 1A to the Transport and Works Applications (Listed Buildings, Conservation Areas and Ancient Monuments Procedure) Regulations 1992f1, in paragraph 1—

(a)

in sub-paragraph (e), for the words from “after paragraph (3)” to “yw—” substitute “in regulation 6, after paragraph (5) there were inserted—

“(6)

At ddiben y rheoliad hwn—

  • ystyr “cais cydredol” (“concurrent application”) yw cais a wneir o dan adran 6 o Ddeddf Trafnidiaeth a Gweithfeydd 1992, sy’n ymwneud â chynigion y mae rhoi cydsyniad adeilad rhestredig neu gydsyniad ardal gadwraeth yn ofynnol ar eu cyfer;

  • ystyr perchennog (“owner”) yw—;”;

(b)

in sub-paragraph (f), for the words from “after paragraph (3)” to “means—” substitute “in regulation 6, after paragraph (5) there were inserted—

“(6)

For the purposes of this regulation—

  • “concurrent application” (“cais cydredol”) means an application made under section 6 of the Transport and Works Act 1992, relating to proposals for which the granting of listed building consent or conservation consent is required;

  • “owner” (“perchennog”) means—”;

(c)

in sub-paragraph (i)(iii), in inserted paragraph (5), for the words from “ystyr “cais cydredol”” to the end, substitute “mae i “cais cydredol” yr un ystyr ag yn rheoliad 6.”;

(d)

in sub-paragraph (j)(iii), in inserted paragraph (5), for the words from “means” to the end substitute “has the same meaning as in regulation 6.”

5The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009I1

In regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009f1, in the Welsh text, in sub-paragraph (dd) of the definition of “ardal sensitif”, for “yn yr ystyr a roddir i “scheduled monument” yn” substitute ““o fewn ystyr”.

6The Town and Country Planning (Development Management Procedure) (Wales) Order 2012I1

In Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012f1, in the Welsh text, after the table, under the heading “Dehongli’r Tabl”, in paragraph (h)(i), for “yr ystyr a roddir i “scheduled monument”” substitute “(“scheduled monument”) yr un ystyr ag”.

7The Developments of National Significance (Procedure) (Wales) Order 2016I1

In Schedule 5 to the Developments of National Significance (Procedure) (Wales) Order 2016f1, in the Welsh text, after the table, under the heading “Dehongli’r Tabl”, in paragraph (d)(i), for “yr un ystyr ag a roddir i “scheduled monument”” substitute “(“scheduled monument”) yr un ystyr ag”.

8The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015I1

In Part 2 of Schedule 2 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015f1—

(a)

omit the entry for the Historic Environment (Wales) Act 2023 and the text in the corresponding column;

(b)

after the entry for the Countryside and Rights of Way Act 2000, insert—

“

Historic Environment (Wales) Act 2023A consent under section 12 and Schedule 3 (authorisation of classes of works)
A consent under section 13 (authorisation of works by scheduled monument consent)

”.

9The Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017I1

In regulation 4A of the Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017f1—

(a)

for “regulations 4” substitute “regulation 4”;

(b)

for “and 5” substitute “and regulation 5”.

10The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024I1

In the Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024f1, omit regulations 2 and 6, and the italic headings before them.

11The Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024I1

In regulation 3(5)(b) of the Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024f1, in the Welsh text, for “fuddiant” substitute “ddiddordeb”.

12The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024I1

In Schedule 2 to the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024f1, in the English text, in paragraph 6—

(a)

in the words before sub-paragraph (a), omit “that the building and the associated land”;

(b)

at the beginning of paragraph (a), insert “that the building and the associated land”;

(c)

at the beginning of paragraph (b), insert “that the building and the associated land”.

Signature

Jack Sargeant

Minister for Culture, Skills and Social Partnership, under the authority of the Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers

26 November 2024

Explanatory note

(This note is not part of the Regulations)

The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 made amendments to secondary legislation which are consequential on the Historic Environment (Wales) Act 2023. These Regulations make minor amendments to secondary legislation which correct errors, or clarify provision made, in those Regulations.

These Regulations also make minor amendments to the Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024 and the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024.

Regulation 2 amends the Forestry (Felling of Trees) Regulations 1979.

Regulation 3 amends the Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984.

Regulation 4 makes amendments to the Transport and Works Applications (Listed Buildings, Conservation Areas and Ancient Monuments Procedure) Regulations 1992. They clarify the operation of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 where an application is made under both sets of Regulations.

Regulations 5 to 7 make amendments to the following Regulations to ensure consistency between the Welsh and English texts—

  • the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009,

  • the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, and

  • the Developments of National Significance (Procedure) (Wales) Order 2016, respectively.

Regulation 8 remakes an amendment to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 so that a list of primary legislation is in chronological order.

Regulation 9 clarifies an amendment to the Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017.

Regulation 10 makes amendments to the Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 which are consequential on regulations 2 and 3 of these Regulations.

Regulation 11 amends the Welsh text of the Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024 to correct an error.

Regulation 12 amends the English text of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 to correct an error.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.