Overview
The legislative framework for the protection and management of the historic environment
The fundamental statutory framework for the protection and management of the Welsh historic environment is now provided by the Historic Environment (Wales) Act 2023. In the marine environment, it is supplemented by the Protection of Wrecks Act 1973 and other legislation.
Subordinate legislation supplements primary legislation and is often in the form of Regulations or Orders. It enables an Act to be commenced and provides the detail necessary for the implementation of an Act. It also allows that detail to be amended without the need for a new Act.
The following pages outline the relevant primary and subordinate legislation for the following elements of the Welsh historic environment:
- scheduled monuments
- listed buildings
- conservation areas
- registered historic parks and gardens
- the marine historic environment
- historic environment records
- historic place names.
The Well-being of Future Generations (Wales) Act 2015
The Well-being of Future Generations (Wales) Act 2015
The 2015 Act requires Welsh public bodies to think more about the long-term, to work better with people, communities and each other, look to prevent problems and take a more joined-up approach — helping us to create a Wales that we all want to live in, now and in the future.
The Act defines seven well-being goals:
- a prosperous Wales
- a resilient Wales
- a healthier Wales
- a more equal Wales
- a Wales of cohesive communities
- a Wales of vibrant culture and thriving Welsh language
- a globally responsible Wales.
These are supplemented with five ways of working derived from the Act’s definition of sustainable development:
- long term
- integration
- prevention
- collaboration
- involvement.
The seven goals and five ways of working provide a clear framework for public service decision-making and should underpin everything Welsh public bodies do.
Policy, advice and guidance
The legal framework for the protection and management of the Welsh historic environment is complemented by planning policy and advice and a range of guidance publications produced by Cadw. Initially developed to support the implementation of the Historic Environment (Wales) Act 2016, the guidance is being updated to reflect the provisions of the 2023 Act and its supporting Regulations. The guidance titles are discussed on the final page of this section.
The hierarchy chart, available below, illustrates the relationship between the fundamental primary legislation for the protection and management of the historic environment in Wales and the policy, advice and guidance that complements it.