Ancient Monuments and Archaeological Areas Act 1979

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The Ancient Monuments and Archaeological Areas Act 1979 (c. 46) or AMAAA was a law passed by the UK government, the latest in a series of Ancient Monument Acts legislating to protect the archaeological heritage of England and Wales, and Scotland.[1] Northern Ireland has its own legislation.

The law is administered in England by Historic England and the Department for Culture, Media and Sport, in Scotland by Historic Environment Scotland and formerly by Cadw in Wales.

Provisions

Ancient monuments

Section 61(12) defines sites that warrant protection due to their being of national importance as 'ancient monuments'. These can be either scheduled monuments or "any other monument which in the opinion of the Secretary of State is of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching to it". If an ancient monument is scheduled then it gains additional legal protection.

A monument is defined as:

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Damage to a scheduled monument is a criminal offence and any works taking place within one require scheduled monument consent from the Secretary of State.

The Act also provides for taking ancient monuments into the care of the Secretary of State – the concept of 'guardianship' where an ancient monument remains in private ownership but the monument is cared for and (usually) opened to the public by the relevant national heritage body.

Areas of archaeological importance

The Act (in Part II) also introduced the concept of areas of archaeological importance (AAI), city centres of historic significance which receive limited further protection by forcing developers to permit archaeological access prior to building work starting. As of 2004 only five city centres, all in England, have been designated AAIs (Canterbury, Chester, Exeter, Hereford and York). Part II of the Act was never commenced in Scotland.

As the provisions in AAIs are limited compared with the requirements that can be made of developers through the NPPF, and formerly its predecessors in PPS5 and PPG16, AAIs have fallen out of use.

Replacement in Wales

The act no longer has effect in Wales, its provisions having been repealed and replaced there by the Historic Environment (Wales) Act 2023.[2]

See also

References

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External links

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