Law On The Protection Of The Underwater Cultural Heritage (1)

Original Language Title: Loi relative à la protection du patrimoine culturel subaquatique (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014014248&caller=list&article_lang=F&row_id=800&numero=814&pub_date=2014-04-18&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-18 Numac: 2014014248 FEDERAL PUBLIC SERVICE mobility and transport 4 April 2014. -Law on the protection of the underwater cultural heritage (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. for the purposes of this Act and its orders of execution, is meant by: 1 ° discoveries: discovery of traces of human existence having a cultural, historical or archaeological character which are submerged, partially or totally, periodically or continuously, and in particular: a) sites, structures, buildings, objects and human remains, as well as their context archaeological and natural;
b) ships, aircraft, other vehicle, or any part thereof, with their cargo or other content, as well as their context archaeological and natural;
(c) the objects of prehistoric character;
and the person who discovers them has good reason to believe it's underwater cultural heritage, not yet registered in accordance with article 7;
2 ° ships and State aircraft: warships and other vessels or aircraft, which belonged to a State or operated under its control, were exclusively used, at the time where they have sunk, for purposes of non-commercial public service, which are identified as such and which meet the definition of the underwater cultural heritage;
3 ° the discovery author: the person who reported the discovery in accordance with article 5, § 1;
4 ° convention: the convention on the protection of the underwater cultural heritage, adopted in Paris on 2 November 2001;
5 ° the Minister: the Minister in charge of the underwater cultural heritage;
6 ° UNESCO: United Nations for education, science and culture;
7 ° intervention: activity relating mainly to the underwater cultural heritage and which is likely to materially impair this heritage or to cause any other damage, directly or indirectly.
S. 3. this Act applies to the: 1 ° discovered within the Belgian territorial sea;
2 ° discovered in Belgian exclusive economic zone and on the continental shelf which are at least 100 years.
S. 4. this Act does not apply to the: 1 ° wrecks and debris from shipwrecks within the scope of application of the International Convention on the removal of wrecks, adopted at Nairobi on 18 May 2007;
2 ° pipelines and cables, placed on the seabed.
3 ° installations other than pipelines or cables, placed on the seabed and still in use.
S.
5 § 1. Whoever makes a discovery in the territorial sea or the exclusive economic zone or on the continental shelf must report its discovery without delay to the receiver of the underwater cultural heritage designated by the King. Notifications are held electronically and the King determines what to report.
§ 2. Referred discoveries in the § 1 become the property of the Belgian State, at the time of the notification of the discovery pursuant to the § 1.
By way of derogation from paragraph 1, a ship or aircraft of State or any part thereof remain the property of the State which was the owner at the time of the sinking. The receiver of the underwater cultural heritage shall consult with the flag State of the vessel or the aircraft of State for their protection.
§ 3. The discoveries of human remains will be treated with respect.
S. 6 § 1. Bleed-through intentional discoveries on the surface is prohibited without prior permission of the receiver for heritage underwater.
§ 2. Any intervention on a ship or aircraft of State is prohibited without authorisation of the flag State.
By way of derogation from paragraph 1, the receiver of the underwater cultural heritage may authorize interventions on a ship or aircraft of State, if necessary, before any consultation of the flag State, if it considers that appropriate measures should be taken in the event of immediate danger because of human activity, or any other cause, including looting.
S. 7. the recipient of the underwater cultural heritage registers electronic discoveries reported in accordance with article 5, § 1, which can be accessed by everyone. In this register may also include discoveries made prior to the entry into force of this Act.
By way of derogation from paragraph 1, the discoveries for which disclosure of information may have a danger or a risk to their preservation, are not included in the registry.
The King determines procedures for the register discoveries referred to in paragraph 1.
S. 8 § 1. The receiver of the underwater cultural heritage established an investigative report on the discoveries reported in accordance with article 5, § 1, in which it provides a reasoned opinion to the Minister on the fact whether the discovery can be considered as underwater cultural heritage.
Following the opinion of the receiver of the underwater cultural heritage, referred to in paragraph 1, the Minister decides if the discoveries reported in accordance with article 5, § 1, shall be considered as underwater cultural heritage.
To prepare the report referred to in paragraph 1, on the findings referred to in article 3 (2) receiver confers, if necessary, with the State making the declaration referred to in article 9.5 of the Convention to the Belgium.
§ 2. If the Minister decides that the discovery reported in accordance with article 5, § 1, is not considered as underwater cultural heritage, the property of the notified discovery in accordance with article 5, § 1, is transferred to the author of the discovery, without prejudice to article 5, § 2, paragraph 2.
If the property of the discovery is transferred in accordance with paragraph 1, article 6, § 1, no longer applies.

§ 3. Following the opinion of the Advisory Committee referred to in article 5a, paragraph 3, of the law of 20 January 1999 on the protection of the marine environment and the Organization of the marine spaces under jurisdiction of the Belgium, the King may protect the heritage cultural underwater in situ and take necessary measures, both regulatory individual, for its preservation subject to an assessment of any possible impact of these measures on activities surrounding protection in situ referred to in paragraph 1 is preferable to the authorization or the realization of intervention on the underwater cultural heritage. Of interventions on the underwater cultural heritage protected in situ can be undertaken only after authorization from the collector. In granting this authorization, the receiver takes account of the rules contained in the annex to the Convention.
If the underwater cultural heritage is protected in-situ in accordance with paragraph 1, the provisions of articles 10, 11, 12 and 13 do not apply.
§ 4.
When the underwater cultural heritage is not protected in-situ in accordance with § 3, articles 10, 11, 12 and 13 shall apply. The beneficiary of the property is required to store, retain and protect the underwater cultural heritage for its long-term conservation.
S.
9. the recipient of the underwater cultural heritage makes public the underwater cultural heritage via a web site accessible to all.
The receiver of the underwater cultural heritage shall inform the Director general of UNESCO's cultural heritage underwater.
S. 10. If a natural or legal person proves in the nine months following the publication of the underwater cultural heritage under article 9, paragraph 1, that it was the owner of the underwater cultural heritage at the time of the sinking, she can claim the right to property. The title is supplied to the receiver.
Without prejudice to article 12, paragraph 1, the King may transfer ownership of the underwater cultural heritage in the natural or legal person referred to in paragraph 1, after it had reimbursed the costs incurred for the preservation of underwater cultural heritage.
S.
11. If a public administration, a public interest organization or a registered Museum indicated within nine months of the publication of the underwater cultural heritage under article 9, paragraph 1, that they wish to become owner of the underwater cultural heritage, the King may transfer ownership of the underwater cultural heritage to the public administration, the Organization of public interest or to the Museum approved after they have reimbursed the costs incurred for the preservation of underwater cultural heritage. The notification is sent to the receiver.
The date at which begins the 9 month period referred to in article 10, paragraph 1, and in article 11 is specified when the publication referred to in paragraph 1.
S. 12. If a natural or legal person proves in accordance with article 10, paragraph 1, that it is the owner of the underwater cultural heritage, and if a public administration, a public interest organization or a registered Museum indicated that they wish to become owner in accordance with article 11, the King may transfer the property to the public administration, the Organization of public interest or to the authorized Museum after they compensated the natural or legal person to the extent of the value of the underwater cultural heritage , whose amount shall be fixed by mutual agreement. Proof of the agreement reached in common shall be presented to the receiver.
In case of disagreement on the amount of compensation

referred to in paragraph 1, the King may transfer the property to the natural or legal person in accordance with article 10, paragraph 2.
S. 13. If the underwater cultural heritage is not claimed by a natural or legal person in accordance with article 10, paragraph 1, and if no Government, no public interest organization or no authorized Museum wishes to become owner of the underwater cultural heritage in accordance with article 11, the King may transfer the property to the author of the discovery.
The author of the discovery may refuse the transfer of property referred to in paragraph 1.
S. 14. at the end of the period of 9 months referred to in article 10, paragraph 1, and article 11, paragraph 1, the receiver made a proposal to the Minister regarding the implementation of articles 10 to 13 inclusive.
S.
15. no person shall hold or sell obtained discoveries not in accordance with this Act.
S.
16 ships entitled to fly the Belgian flag may not be used for interventions opposing the convention.
S. 17. infringements of the provisions of this Act or its implementing orders shall be punished by a term of imprisonment from eight days to two years and a fine of twenty-six to five hundred euros or one of those penalties only.
Infringements of provisions of this Act or its implementing orders a ship or aircraft of State shall be punished by a term of imprisonment of one month to five years and a fine of twenty-six to five hundred euros.
S.
18. the discoveries that have not been reported in accordance with article 5, § 1, and which have been obtained or sold illegitimately, are confiscated.
S. 19. the provisions of book I, Duke of the penal Code, including Chapter VII and article 85, shall apply to the offences referred to in article 17.
S. 20. the Act of April 9, 2007 on the discovery and protection of wrecks is repealed.
S. 21. the King sets the date of entry into force of this Act.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on April 4, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of the economy, consumers and the North Sea, J. VANDE LANOTTE Deputy Prime Minister and Minister of Social Affairs and health public Ms. L. ONKELINX. the Secretary of State for science policy, PH.
COURARD sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2013-2014.
House of representatives: Documents - Bill, no. 53 - 3397/1.
-Report on behalf of the Committee, no. 53-3397/2. -Text adopted in plenary meeting and transmitted to the Senate, no. 53-3397/3.
Full report - 19 and March 20, 2014.
Senate: Documents - project referred to by the Senate, no. 5-2273/1. -Report on behalf of the Committee, no. 5-2273/2. -Decision not to amend, no. 5 - 2273/3.
Annals of Senate - March 27, 2014.