The historic environment and law
While the UK has had legislation aimed at protecting historic places since 1882, since the early 1990s the management of the historic environment has become increasingly influenced by national legislation and associated policy. While there remain few statutes that are primarily constructed for the better management of archaeological sites and monuments as such, considerable recent legislation has touched upon historic environment matters. There are numerous Acts of Parliament that are relevant to those managing change in the historic environment. (See resources)
Ancient Monuments and Archaeological Areas Act 1979
There is one act which is central to archaeological resource management; the Ancient Monuments and Archaeological Areas Act 1979, as amended by the National Heritage Act 1983. Amongst other things the act:
- created the Historic Buildings and Monuments Commission for England, now Historic England
- made it a criminal offence to undertake works to a monument without receiving a prior consent
- made it an offence to metal detect on a scheduled monument without a licence from Historic England
- created areas of archaeological importance (a provision only adopted by five historic cities - Canterbury, Chester, Exeter, Hereford and York)
- vested in the Secretary of State powers to create a scheduled of ancient monuments
Scheduled monuments
The Act further defines an ancient monument as “any Scheduled Monument; and 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”. An Ancient Monument can be:
a) "any building, structure or work, whether above or below the surface of the land, and any cave or excavation;
b) any site comprising the remains of any such building, structure or work or of any cave or excavation; and
c) any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other moveable structure or part thereof which neither constitutes nor forms part of any work which is a monument as defined within paragraph a) above;
d) and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.”
In order to carry out works to these monuments the consent of the Secretary of State (in consultation with Historic England) is required although a special provision of the Act gives certain activities 'class consent'. Specific consent has to be given for:
a) "any works resulting in the demolition or destruction of or any damage to a Scheduled Monument;
b) any works for the purpose of removing or repairing a Scheduled Monument or any part of it or of making any alteration or additions thereto; and
c) any flooding or tipping operation on land in, on or under which there is a Scheduled Monument”.
It is illegal to carry out any of the above works to a Scheduled Monument without consent. If such works also require planning permission Historic England should be contacted. Guidance notes are offered by Historic England at Scheduled Monument Consent.
It is also an offence to metal detect on a scheduled monument without first obtaining a licence from Historic England.