Ancient Monuments and Archaeological Areas Act 1979

Ancient Monuments and Archaeological Areas Act 1979
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to consolidate and amend the law relating to ancient monuments; to make provision for the investigation, preservation and recording of matters of archaeological or historical interest and (in connection therewith) for the regulation of operations or activities affecting such matters; to provide for the recovery of grants under section 10 of the Town and Country Planning (Amendment) Act 1972 or under section 4 of the Historic Buildings and Ancient Monuments Act 1953 in certain circumstances; and to provide for grants by the Secretary of State to the Architectural Heritage Fund.
Citation1979 c. 46
Territorial extent 
Dates
Royal assent4 April 1979
Commencementvarious
Other legislation
Amends
Repeals/revokesSee § Repealed enactments
Amended by
Status: Amended
Text of statute as originally enacted
Text of the Ancient Monuments and Archaeological Areas Act 1979 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (abbreviated AMAAA) is an act of the Parliament of the United Kingdom, the latest in a series of Ancient Monument Acts legislating to protect the archaeological heritage of England, Wales, and Scotland. 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:

any building, structure or work above or below the surface of the land, any cave or excavation; any site comprising the remains of any such building, structure or work or any cave or excavation; and any site comprising or comprising the remains of any vehicle, vessel or aircraft or other movable structure or part thereof...

— Section 61 (7)

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. Those sentenced under these provisions can receive a substantial fine or a term of imprisonment or both.

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.

Repealed enactments

Section 64(3) of the act repealed 21 enactments, listed in schedule 5 to the act.

Enactments repealed by section 64(3)
Citation Short title Extent of repeal
45 & 46 Vict. c. 73 Ancient Monuments Protection Act 1882 The Schedule.
3 & 4 Geo. 5. c. 32 Ancient Monuments Consolidation and Amendment Act 1913 The whole act.
21 & 22 Geo. 5. c. 16 Ancient Monuments Act 1931 The whole act.
9 & 10 Geo. 6. c. 49 Acquisition of Land (Authorisation Procedure) Act 1946 In section 1(2), paragraph (c) and the word "or" immediately preceding it.
In section 8(1), the definition of "ancient monument".
In Schedule 1, paragraph 12.
10 & 11 Geo. 6. c. 42 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 In section 1(2), paragraph (c) and the word "or" immediately preceding it.
In section 7(1), the definition of "ancient monument".
In Schedule 1, paragraph 12.
1 & 2 Eliz. 2. c. 49 Historic Buildings and Ancient Monuments Act 1953 Parts II and III.
Section 20.
Section 22(2).
The Schedule.
6 & 7 Eliz. 2. c. 30 Land Powers (Defence) Act 1958 In section 6(4)(b), the words from "or which" to "1953".
7 & 8 Eliz. 2. c. 24 Building (Scotland) Act 1959 In section 17(2), paragraph (d) and the words "or, as the case may be, the said Act of 1953".
1966 c. 4 Mines (Working Facilities and Support) Act 1966 In section 7(8), the words from "or Part II" to "1953".
1967 c. 9 General Rate Act 1967 In paragraph 2(d) of Schedule 1, the words from "is the" to "or".
1967 c. 80 Criminal Justice Act 1967 In Schedule 3, the entries relating to the Ancient Monuments Consolidation and Amendment Act 1913 and the Ancient Monuments Act 1931.
1968 c. 72 Town and Country Planning Act 1968 Section 59.
1969 c. 30 Town and Country Planning (Scotland) Act 1969 Section 59.
1971 c. 78 Town and Country Planning Act 1971 In Schedule 23, the entry relating to the Town and Country Planning Act 1968.
1972 c. 43 Field Monuments Act 1972 The whole act.
1972 c. 52 Town and Country Planning (Scotland) Act 1972 In Schedule 21, the entry relating to the Town and Country Planning (Scotland) Act 1969.
1973 c. 65 Local Government (Scotland) Act 1973 In Schedule 23, paragraph 1.
1974 c. 32 Town and Country Amenities Act 1974 In section 13(1) paragraph (c) and the word "and" immediately preceding that paragraph.
1976 c. 57 Local Government (Miscellaneous Provisions) Act 1976 In Schedule 1, paragraph 5.
1976 c. 75 Development of Rural Wales Act 1976 In Schedule 4, paragraph 5.
1978 c. 52 Wales Act 1978 In Schedule 11, paragraph 2.

See also

Notes

  1. ↑ Section 66(1).
  2. ↑ Section 66(3).
  3. ↑ Section 66(2).

References

  1. ↑ "Ancient Monuments and Archaeological Areas Act 1979". Office of Public Sector Information. Retrieved 13 September 2012.
  2. ↑ Inglis, Louis (24 October 2023). "Group caught having BBQs on West Kennet Long Barrow". BBC News. Retrieved 11 March 2026.
  3. ↑ "Shaftesbury Abbey's war memorial 'illegal'". BBC News. 11 September 2013. Retrieved 11 March 2026.
  4. ↑ "Nighthawking: Illegal detectorists sought after castle damage". BBC News. 31 January 2024. Retrieved 11 March 2026.
  5. ↑ "Milestone Historic Environment (Wales) Act 2023 takes full effect" (Press release). Cadw. 4 November 2024. Retrieved 15 November 2024. From today, the... Ancient Monuments and Archaeological Areas Act 1979 and the Planning (Listed Buildings and Conservation Areas) Act 1990 — no longer apply in Wales. The Historic Environment (Wales) Act 2023 ('the 2023 Act') has replaced them...
  6. ↑ "Ancient Monuments and Archaeological Areas Act 1979", legislation.gov.uk, The National Archives, 1979 c. 46