Commentary on Sections Part 2 — Monuments of special historic interest
12.There are tens of thousands of known archaeological sites across Wales, and many more yet to be discovered that are buried and hidden from sight. The great majority of the known sites are recorded on the statutory historic environment records for each local authority area, maintained by the Welsh archaeological trusts on behalf of the Welsh Ministers (section 194). The concept of a “monument” is central to the management and protection of this archaeological heritage. Monuments can comprise a wide range of archaeological sites including: scatters of prehistoric artefacts; buried remains; prehistoric funerary and ritual monuments and defensive earthworks; Roman roads, forts and villas; and medieval settlements, abbeys and castles.
13.The term “monument of special historic interest” is now preferred to the previously used “ancient monument” to reflect the fact that many monuments considered to be of public interest date from the more recent past, such as the remains of eighteenth- and nineteenth-century industry or twentieth-century military defences.
14.The Welsh Ministers have a duty to compile and maintain a schedule of monuments that they consider to be of national importance. Not all nationally important monuments or archaeological sites are currently on the schedule and new sites can be found by chance or as the result of systematic archaeological surveys. The complete up-to-date schedule is published on Cof Cymru — National Historic Assets of Wales, the online database of designated historic assets in Wales maintained by Cadw (“Cof Cymru”).
15.The legislation relating to monuments and archaeological sites is supported by planning policy and advice and best-practice guidance, notably TAN 24 and Managing Scheduled Monuments in Wales (2018). These documents explain that, while the Welsh Ministers are responsible for scheduling monuments, in practice the process is managed by Cadw acting on their behalf.
16.At the time of writing these notes, 131 monuments are in the care of the Welsh Ministers including early Neolithic burial monuments that are over 5,000 years old, many of the great castles and abbeys of medieval Wales and monuments from our more recent industrial past. In practice, these monuments are conserved, maintained and presented to the public by Cadw on behalf of the Welsh Ministers. Of those 131 monuments, 108 are currently in guardianship. This is a voluntary arrangement whereby the guardian (in this case the Welsh Ministers) agrees to accept responsibility for the management of the monument and acquires certain rights over the property but does not take on its ownership.
17.The concepts of “scheduled monument” and “guardianship” date from the first legislation relating to the historic environment to be passed in Great Britain and Ireland, the Ancient Monuments Protection Act 1882 (c. 73). Three prehistoric monuments in Wales were included in the very first schedule in 1882. As of April 2023, there were 4,229 scheduled monuments in Wales. The first monument in Wales to be taken into guardianship was the Neolithic burial monument at Pentre Ifan in north Pembrokeshire in 1884, and the most recent was the medieval castle at Caergwrle in Flintshire in 2020.