The Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (abbreviated AMAAA) was 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:
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Replacement in Wales The act no longer has effect in Wales, its provisions having been repealed and replaced there by the Historic Environment (Wales) Act 2023.
Repealed enactments Section 64(3) of the act repealed 21 enactments, listed in schedule 5 to the act.
+ Enactments repealed by section 64(3) Citation Short title Extent of repeal45 & 46 Vict. c. 73Ancient Monuments Protection Act 1882The Schedule.3 & 4 Geo. 5. c. 32Ancient Monuments Consolidation and Amendment Act 1913The whole act.21 & 22 Geo. 5. c. 16Ancient Monuments Act 1931The whole act.9 & 10 Geo. 6. c. 49Acquisition of Land (Authorisation Procedure) Act 1946In 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. 42Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947In 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. 49Historic Buildings and Ancient Monuments Act 1953Parts II and III.Section 20.Section 22(2).The Schedule.6 & 7 Eliz. 2. c. 30Land Powers (Defence) Act 1958In section 6(4)(b), the words from "or which" to "1953".7 & 8 Eliz. 2. c. 24Building (Scotland) Act 1959In section 17(2), paragraph (d) and the words "or, as the case may be, the said Act of 1953".1966 c. 4Mines (Working Facilities and Support) Act 1966In section 7(8), the words from "or Part II" to "1953".1967 c. 9General Rate Act 1967In paragraph 2(d) of Schedule 1, the words from "is the" to "or".1967 c. 80Criminal Justice Act 1967In Schedule 3, the entries relating to the Ancient Monuments Consolidation and Amendment Act 1913 and the Ancient Monuments Act 1931.1968 c. 72Town and Country Planning Act 1968Section 59.1969 c. 30Town and Country Planning (Scotland) Act 1969Section 59.1971 c. 78Town and Country Planning Act 1971In Schedule 23, the entry relating to the Town and Country Planning Act 1968.1972 c. 43Field Monuments Act 1972The whole act.1972 c. 52Town and Country Planning (Scotland) Act 1972In Schedule 21, the entry relating to the Town and Country Planning (Scotland) Act 1969.1973 c. 65Local Government (Scotland) Act 1973In Schedule 23, paragraph 1.1974 c. 32Town and Country Amenities Act 1974In section 13(1) paragraph (c) and the word "and" immediately preceding that paragraph.1976 c. 57Local Government (Miscellaneous Provisions) Act 1976In Schedule 1, paragraph 5.1976 c. 75Development of Rural Wales Act 1976In Schedule 4, paragraph 5.1978 c. 52Wales Act 1978In Schedule 11, paragraph 2.
See also Ancient Monuments Protection Act 1882 Ancient Monuments Protection Act 1900 Ancient Monuments Protection Act 1910 Ancient Monuments Consolidation and Amendment Act 1913 Ancient Monuments Act 1931
Notes
References
External links
Historic Environment Scotland – a website about Ancient Monuments of Scotland.