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Ancient Monuments and Archaeological Areas Act 1979, Section 1AE is up to date with all changes known to be in force on or before 12 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)This section applies where the Welsh Ministers—
(a)include a monument in the Schedule; or
(b)make a material amendment of the kind described in section 1AA(5)(a) in relation to a monument in the Schedule.
(2)When the Welsh Ministers inform the owner and (if the owner is not the occupier) the occupier of the monument under section 1(6) or (6B) that they have taken that action, they must also serve on that person or those persons a notice which—
(a)specifies the date on which the Welsh Ministers did so (and on which interim protection under section 1AB(2) ceased to have effect); and
(b)states that the person may make an application to the Welsh Ministers requesting them to review their decision to do so.
(3)Where the owner or occupier of the monument makes such an application, the Welsh Ministers must—
(a)carry out the review requested;
(b)make a decision on the review; and
(c)make such amendment to the Schedule or the map referred to in section 1AA(1)(c) as they consider appropriate to give effect to that decision.
(4)Except as provided in section 55, the validity of any decision taken by the Welsh Ministers on the review is not to be questioned in any legal proceedings.
(5)The Welsh Ministers must carry out a review under this section in such one or more of the following ways as appears to them to be appropriate—
(a)by means of a public local inquiry;
(b)by means of a hearing;
(c)on the basis of written representations.
(6)The Welsh Ministers must by regulations make provision about—
(a)the grounds on which an application for a review under this section may be made;
(b)the information that must be provided to, or may be required by, the Welsh Ministers in connection with such an application;
(c)the form and manner in which such an application must be made; and
(d)the period within which such an application must be made.
(7)The Welsh Ministers may by regulations make further provision in connection with reviews under this section, including provision about costs that may be required to be paid in connection with a review.
(8)Regulations made by virtue of subsection (6) or (7) may confer power on the Welsh Ministers—
(a)to determine matters of a description specified in the regulations; and
(b)to give directions in relation to those matters.
(9)Schedule A2 applies to reviews under this section.]
Textual Amendments
F1Ss. 1AA-1AE inserted (E.W.) (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 3(1), 41(1)(c)(3); S.I. 2017/633, art. 5(a) (with art. 6(1))
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