Parliament Act No. 11 Of 19 May 2010 On Conservation And Other Cultural Heritage Protection Of Cultural Monuments

Original Language Title: Inatsisartutlov nr. 11 af 19. maj 2010 om fredning og anden kulturarvsbeskyttelse af kulturminder

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://lovgivning.gl/lov?rid={A8872163-73B9-4A97-91DF-872C10E4F15D}

Parliament Act no. 11 of 19 May 2010 on conservation and other cultural heritage protection of cultural monuments

Modified repeals, hovedlov replaces information

Aside
Parliament Act no. 18 of 19 November 2007 on protection of cultural monuments

Hovedlov to
Self-Government Order no. 16 of 5 July 2016 on other heritage protection of a cultural heritage site in southern Greenland, which consists of delimited areas around sites Qassiarsuk, Igaliku, Sissarluttoq, Tasikuluulik and Qaqortukulooq-Upernaviarsuk


Chapter 1

Purpose, terms and definitions


§ 1. The Greenland Parliament Act must protect the cultural monuments with their uniqueness and diversity as part of Greenland's cultural heritage and contribute to an understanding of Greenland's cultural history. These cultural monuments are evidence of human activity for millennia. They help to create a link between the past and the present and to the societies that created them.
Subsection. 2. The Greenland Parliament Act is part of the national responsibility to take care of cultural monuments as a cultural resource, as a scientific source material and as a permanent basis for current and future generations' experience, self-understanding, wellbeing and business.
Subsection. 3. The Greenland Parliament Act takes account of Greenland's cultural heritage is an important part of the world and human history, and through active measures for heritage protection in the form of conservation and other cultural heritage protection is responsible for Greenland's part of the structure of the global cultural heritage.
Subsection. 4. The Greenland Parliament Act takes into account that cherished cultural memories in exceptional cases could be made with proper regard to the overriding interests of the society.
Subsection. 5. The Greenland Parliament Act meets that happens the best possible documentation of cultural memory and the knowledge and information that cultural memory comprises cases where Naalakkersuisut Having regard to the overriding interests of the society, see. § 3 shall decide on infringement of a proposed conservation or other cultural heritage protection, modification or termination of an existing conservation or other cultural heritage protection.

§ 2. The cultural monuments in this Act the ancient monuments, buildings and cultural heritage sites.
Subsection. 2. In ancient sites mean physical traces of human activity that is left behind from the past and the context in which they are placed.
Subsection. 3. In a building means the whole building, building exterior, individual building and a building's immediate surroundings to the extent that these are part of the conservation or protection worthy whole.
Subsection. 4. The cultural heritage sites means areas that have a cultural value.

§ 3. The Government will, in exceptional cases and with the grounds of overriding interests of the society, see. Paragraph. 2, able to decide on infringement of a proposed conservation or other cultural heritage protection, modification or termination of an existing conservation or other cultural heritage protection. Naalakkersuisut necessary to determine weigh kulturmindets historical significance, kulturmindets potential in tourism context and the consequences of failure to protect any heritage protection in relation to the social value of the company that claimed to be the expression of a general account of the development of society.
Subsection. 2. The main considerations for the development of society understood as justified in
1) the need to ensure community renewable energy,
2) the desire to ensure the society from the consequences of natural disasters or
3) the desire to establishing or expanding existing commercial activity that
a) generates a significant social gain and
b) could not be implemented without substantial spending somewhere else, not affecting cultural sites.
Subsection. 3. Hits Naalakkersuisut a decision with reference to the overriding interests of the society, must Naalakkersuisut related decide how to ensure that it goes proper documentation of cultural memory and the knowledge and information, culture reminded holds meaning. § 1 , PCS. 5. The Government is necessary to determine emphasize kulturmindets historical materiality and the nature and extent of the measures considered necessary for kulturmindets proper documentation. The cost of the Minister decided measures to ensure proper documentation shall be borne by the developer, or the person responsible for the establishment of the company that is justified by overriding respect to the development of society. The Government will in the decision could decide on further conditions.


Chapter 2


Ancient sites and monuments


§ 4. The rules in this chapter include ancient sites on land or offshore.

§ 5. All the ancient monuments from before 1900, including ruins, settlements, graves and burial sites are protected. Detached graves from 1900 and later are also protected.
Subsection. 2. Greenland National Museum, see. However, § 8, taken after consulting them, see. § 7 paragraph. 3, on the preservation of plants from 1900 and later abandoned cemeteries, cairns, fields and stone walls by those whose conservation because of their historic value is essential.
Subsection. 3. The Government may, on the Greenland National Museum provide for the preservation of ancient monuments, including the criteria for listing.

§ 6. Preservation means that the protected must not be damaged, altered or moved completely or partially.
Subsection. 2. Within a distance of 2 meters from the ancient sites must not be any activity.
Subsection. 3. At a distance of 2 to 20 meters from the ancient sites should not be made any activities other than agricultural activities and construction of the path to the ancient sites. Agricultural activities include shallow soil with harrowing down to 15 cm., Fertilizer, planting and use of the land for grazing. Greenland National Museum can grant permission to other agricultural activities, including the removal of stones and installment of interpretive signs, trash cans and anything else that is appropriate for public access to the ancient sites.
Subsection. 4. Greenland National Museum can grant exemptions from. 1-3 when circumstances warrant.

§ 7. Users of land allocation or other right to use the area, local councils, government departments, local museums and associations that handles general or specific preservation or conservation purposes can submit a proposal preservation of ancient monuments as well as the modification or repeal. Furthermore, the Greenland National Museum travel case so by their own initiative.
Subsection. 2. Greenland National Museum decides on the preservation of ancient monuments as well as the modification or repeal. Greenland National Museum will for the decision could set conditions.
Subsection. 3. Before deciding on preservation or modification or repeal, the public, users with land allocation or other right to use the land, the municipal council in the municipality where the ancient monument is located, the Greenland Government and other relevant parties are informed and consulted. The consultation period must be 3 months in which these parties have an opportunity to comment. Furthermore, the Heritage Council give its recommendation referred to. § 29 paragraph. 2.
Subsection. 4. From the time referred to in paragraph. 3 notification referred granted, there must not be anything that may prevent or complicate the intended preservation. This does not apply in relation to authorizations already granted for prospecting, exploration or exploitation of mineral resources, ice and water resources, and the establishment of hydroelectric plants and related feasibility studies.

§ 8. Doing so during the in § 7, paragraph. 3, the consulting justified claims that a proposed conservation or a planned maintenance or modification of existing conservation would be contrary to the overriding interests of the society, see. § 3, the Greenland National Museum refer the matter for decision to the Greenland Government. Before any Naalakkersuisut, the Greenland National Museum refer the matter to the opinion of the Heritage Council. In the presentation of the Heritage Council and subsequent referral to the Greenland Government must Greenland National Museum pronunciation recommendations about both conservation outcome of the case as if the measures deemed necessary to ensure proper documentation of the monument if the Greenland Government may decide on infringement of a proposed conservation or amending or repealing an existing conservation.
Subsection. 2. Where Naalakkersuisut decision on preservation respectively on the maintenance of existing conservation or amending it, will Naalakkersuisut able to waive the provisions of § 6 paragraph. 1-3.

§ 9. Greenland National Museum publishes Conservation and modification or repeal within 14 days of the decision. The owner, users with land allocation or other right to use the land and the municipality in which the monument is located, as well as other relevant parties informed directly.

Subsection. 2. Conservation must be respected by all rights holders over the area where the monument is located, regardless of when such rights were established.

§ 10. Greenland National Museum keeps a register of all known protected sites and monuments, including the command of conditions related to conservation.
Subsection. 2. Greenland National Museum oversees the ancient monuments that are protected under the Parliament Act.
Subsection. 3. Greenland National Museum provides maintenance of essential preserved ancient sites within the funding granted authorization.



Ensuring ancient monuments associated with the planning and preparation of earthworks


§ 11. Greenland National Museum shall, through collaboration with the planning and mining authorities and others who work with the exploitation of resources, act to ensure that the ancient monuments and the knowledge and information they provide, are safeguarded for posterity.
Subsection. 2. Planning and mineral authorities and others who work with the exploitation of resources must involve the Greenland National Museum and Archives, in the development plan material and the processing of permits that can affect ancient memories.
Subsection. 3. Planning and mineral authorities and others who work with the exploitation of resources shall, during the processing of permits that can affect ancient monuments, notify the applicant of the contents of the paragraph. 4, §§ 12-16 and § 32 of the Parliament Act.
Subsection. 4. The developer must major earthworks involve the Greenland National Museum in planning.
Subsection. 5. Greenland National Museum carries out document control of the appearance of ancient sites in the relevant territory for inclusion under paragraph. 2 and 4.

§ 12. The client or the person at whose expense a feasibility study or earthworks are to be carried out, can prior to commencing work request Greenland National Museum for an archaeological inspection of an area.
Subsection. 2. Greenland National Museum can decide to be made an archaeological inspection of an area if the area is archaeologically unknown or there is reason to believe the ancient monuments in the area.
Subsection. 3. An archaeological inspection should be performed as soon as possible and be completed within nine months, unless special circumstances apply. The period starts from the date of request for inspection, see. Paragraph. 1, respectively, from the time of decision making of archaeological inspection, see. Paragraph. 2, granted the developer or the person at whose expense the excavation work to be carried out.

§ 13. The client or the person at whose expense a feasibility study or earthworks are to be carried out, can prior to commencing work request Greenland National Museum for an archaeological survey of the area.
Subsection. 2. Greenland National Museum can decide to be made an archaeological survey of the area, the Greenland National Museum estimates that there are ancient sites in the area.
Subsection. 3. An archaeological survey to be carried out as soon as possible and be completed within 18 months unless special circumstances apply. The period starts from the date of request for examination pursuant to. Paragraphs. 1, respectively, from the time of decision making of archaeological survey, see. Paragraph. 2, granted the developer or the person at whose expense the excavation work to be carried out.
Subsection. 4. Have you ahead of the archaeological survey was carried out an archaeological inspection, see. § 12, both the archaeological inspection as the archaeological survey be conducted within 18 months unless special circumstances gældende.Fristen counted from the time of request for archaeological inspection, see. § 12 paragraph. 1, respectively, from the time of decision making of archaeological inspection, see. § 12 paragraph. 2, granted the developer or the person at whose expense the excavation work to be carried out.

§ 14. The client or the person at whose expense the excavation work to be carried out, bear the cost of an archaeological inspection or archaeological investigation. Greenland National Museum prepares a budget for besigtigelsens respectively the survey. The budget must be presented to the client or for whose expense the excavation work to be performed for approval as soon as possible before the inspection, respectively, the study's initiation.

Subsection. 2. For smaller private earthworks and by small-scale exploration and exploitation licenses under The Greenland Parliament Act on Mineral Resources and activities needed for that purpose (Mining Act), the Greenland Government may fully or partially reimburse the cost of an archaeological inspection or investigation if the cost is unreasonably burdensome for the private developer or small-scale exploration and udnyttelsestilladelseshaveren. If Naalakkersuisut only partially defrays the cost must be provided a private developer, respectively small-scale exploration and udnyttelsestilladelseshaveren a budget for approval in accordance. Paragraphs. 1.

§ 15.
Greenland National Museum decides on the earthworks can be initiated to the extent that it does not affect the ancient monuments, an archaeological inspection or an archeological survey. In determining the emphasis on protection of ancient sites, ensuring the implementation of the archaeological inspection, archaeological investigation and the possibility of commencement of the earthworks.



Ancient sites and monuments found during excavation work


§ 16 are found during excavation work an earth permanent ancient monument, the developer must immediately report the discovery to the Greenland National Museum and the work must be stopped to the extent that it affects the monument. Greenland National Museum decides whether an archaeological survey to be carried out, see. § 13 paragraph. 2, or a preservation should be referred. § 5, paragraph. 2.

§ 17. Greenland National Museum can grant permission for the excavation of ancient sites and findings to other institutions or scientific organizations and lay down terms for the licenses.


Chapter 3

Buildings


§ 18. Greenland National Museum, see. However, § 20, shall, after prior consultation provided. § 19 paragraph. 2, on the preservation of buildings whose preservation or protection because of their historical or architectural value are essential.
Subsection. 2. Listing of buildings imposes particular obligations in relation to the building's maintenance and restrictions on access to undertake construction work concerning. building, see. § 22.
Subsection. 3. The Government may on proposal by the Greenland National Museum provide for the listing of buildings, including the criteria for listing.

§ 19. Owners, users with land allocation or other right to use the land or building, the state, municipalities, local museums and associations that handles general or specific preservation or conservation purposes can submit a proposal for preservation and on modification or repeal, including the relocation of a listed building. Furthermore, the Greenland National Museum travel case so by their own initiative.
Subsection. 2. Before deciding on preservation or modification or repeal, the public, the owner, users with land allocation or other right to use the land or the building and the municipality in which the building is located, the Greenland Government and other relevant parties are informed and consulted. The consultation period must be 3 months in which these parties have an opportunity to comment. Furthermore, the Heritage Council give its recommendation referred to. § 29 paragraph. 2.
Subsection. 3. From the date in paragraph. 2 notification referred granted, there must not be anything that may prevent or complicate the intended preservation. This does not apply in relation to authorizations already granted for prospecting, exploration or exploitation of mineral resources, ice and water resources, and the establishment of hydroelectric plants and related feasibility studies.
Subsection. 4. Greenland National Museum decides cases on preservation or modification or repeal. Greenland National Museum can be associated with the decision set conditions.

§ 20. Failure to below in § 19 of this consultation substantiated claim that the proposed conservation or planned maintenance or modification of existing conservation would be contrary to the overriding interests of the society, see. § 3, the Greenland National Museum institute the matter for decision to the Greenland Government. Within Greenland Government decides, the matter shall be submitted for comments to the Heritage Council. In the presentation of the Heritage Council and subsequent referral to the Greenland Government must Greenland National Museum pronunciation recommendations about both conservation outcome of the case as if the measures deemed necessary to ensure proper documentation of the building if the Greenland Government may decide on failure a proposed conservation or amending or repealing an existing conservation.

Subsection. 2. Where Naalakkersuisut decision on preservation respectively on the maintenance of existing conservation or amending it, will Naalakkersuisut able to waive the provisions of § 22 paragraph. 1.

§ 21. Greenland National Museum publishes Conservation and modification or repeal within 14 days of the decision. The owner, users with land allocation or right to use of the building and the municipality in which the building is located, as well as other relevant parties informed directly.
Subsection. 2. Decisions on listing registered by the Court of Greenland at the request of the Greenland National Museum. Court of Greenland to give Greenland National Museum any change of ownership.
Subsection. 3. Conservation must be respected by all rightsholders of the building, regardless of when such rights were established.

§ 22. Owners must keep a listed building in good condition with regard to conservation. Routine maintenance must be done using the same materials, techniques and colors as usual and in accordance with the conservation of the listed building condition and appearance of conservation time. Greenland National Museum can, when warranted by special circumstances, may dispense with the use of the same materials, techniques and colors as before.
Subsection. 2. All construction work on a listed building requires permission from the Greenland National Museum whose work relates to building elements that are subject to listing and if the work goes beyond routine maintenance. Greenland National Museum can attach conditions to the permit.
Subsection. 3. Greenland National Museum on application decide that the cost of a maintenance or construction work on a listed building held wholly or partly within the funding granted authorization.

§ 23. Greenland National Museum keeps a register of buildings that have been listed, including the command of the terms of this protection.
Subsection. 2. Greenland National Museum oversees the buildings that have been listed.


Chapter 4

Cultural History areas


§ 24. Greenland National Museum, see. However, § 26, it shall, after consulting them, see. § 25 paragraph. 2 on the preservation or other cultural heritage protection of cultural heritage sites whose conservation or protection is essential.
Subsection. 2. Conservation or other cultural heritage protection of cultural heritage sites include the relationship that exists between a number of cultural monuments or an area which is linked to special events.
Subsection. 3. Protection of cultural heritage sites means that in the area may not take place activities of any kind, except for public access. Greenland National Museum can grant exemptions from that exceptional circumstances warrant.
Subsection. 4. Other heritage protection of cultural heritage sites means that in the area may not take place activities that can be disfiguring or damaging the parts of the area or region as a whole. Greenland National Museum can grant exemptions from that exceptional circumstances warrant.
Subsection. 5. The Greenland Government may on proposal by the Greenland National Museum provide for conservation and other cultural heritage protection of cultural heritage sites, including the delimitation of the area, the use of the area, the area's management and access to the area possibly for a fee.

§ 25. Owners, users with land allocation or other right to use the land, the state, municipalities, local museums and associations that handles general or specific preservation or conservation purposes, can submit a proposal conservation and other cultural heritage protection or an amendment or repeal. Furthermore, the Greenland National Museum travel case so by their own initiative.
Subsection. 2. Before deciding on conservation or other cultural heritage protection or an amendment or repeal, the public, the owner, users with land allocation or other right to use the land and the municipality in which the cultural heritage site is located, the Greenland Government and other relevant parties information and consultation. The consultation period must be 3 months in which these parties have an opportunity to comment. Furthermore, the Heritage Council give its recommendation referred to. § 29 paragraph. Second

Subsection. 3. From the date in paragraph. 2 notification referred granted, there must not be anything that may prevent or complicate the intended preservation or other cultural heritage protection. This does not apply in relation to authorizations already granted for prospecting, exploration or exploitation of mineral resources, ice and water resources, and the establishment of hydroelectric plants and related feasibility studies.
Subsection. 4. Greenland National Museum decides cases on conservation or other cultural heritage protection or an amendment or repeal.

§ 26. Failure to below in § 25 paragraph. 2, said consultation justified claims that a proposed conservation or other cultural heritage protection or a planned maintenance or modification of an existing conservation or other cultural heritage protection would be contrary to the general terms of the development of society, see. § 3, the Greenland National Museum refer the matter to Decision of the Greenland Government. Within Greenland Government decides, the matter shall be submitted for comments to the Heritage Council. In the presentation of the Heritage Council and subsequent referral to the Greenland Government must Greenland National Museum pronunciation recommendations about both the decision of the case on conservation or other cultural heritage protection and on the measures deemed necessary to ensure proper documentation of cultural heritage site, if the Greenland Government may decide on the infringement of a proposed conservation or other cultural heritage protection or the revocation of an existing conservation or other cultural heritage protection.
Subsection. 2. Where Naalakkersuisut decision on conservation or other cultural heritage protection, respectively, on the maintenance of existing conservation or amending it, will Naalakkersuisut able to waive the provisions of § 24 paragraph. 3-4.

§ 27. Greenland National Museum publishes decisions on protected areas and other heritage protection or an amendment or repeal within 14 days after the decision is taken. The owner, users with land allocation or other right to use the land and the municipality in which the cultural heritage site is located, as well as other relevant parties informed directly.
Subsection. 2. Conservation and other cultural heritage protection must be respected by all rightsholders of the cultural heritage site, regardless of when such rights were established.

§ 28. Greenland National Museum keeps a register of cultural heritage sites, which are protected or covered by other cultural heritage protection, including the Commander of the conditions of preservation or other cultural heritage protection.
Subsection. 2. Greenland National Museum oversees cultural heritage sites, which are protected or covered by other cultural heritage protection.
Subsection. 3. Greenland National Museum carries out within the funding granted authorization maintenance of cultural heritage sites, which are protected or covered by other cultural heritage protection.


Chapter 5

Heritage Council


§ 29. The member of the Minister for Culture reduces the Heritage Council of 3 persons to represent architectural, archaeological and cultural insight. Heritage Council appointed every 4 years.
Subsection. 2. Heritage Council to submit a recommendation concerning matters of conservation and cases of other cultural heritage protection, and should be consulted for permits according to § 22 paragraph. 2. In addition, the Heritage Council, a consultative role in the conservation of ancient monuments and buildings and Heritage and other heritage protection of cultural heritage sites and other related matters.
Subsection. 3. Greenland National Museum makes secretarial assistance available to the Heritage Council.




Chapter 6

Expropriation and redress


§ 30. The Government is authorized through expropriation to acquire property necessary for the implementation of conservation or other cultural heritage protection after the Parliament Act. Expropriation is done by the then-current rules on expropriation.

§ 31. Greenland National Museum and Arkiv decisions under this Parliament Act can be appealed in writing to the Greenland Government.
Subsection. 2. Appeals Officer is:
1) The person to whom the decision is addressed.
2) Anyone who is likely to have an individual or significant interest in the outcome.
Subsection. 3. The appeal deadline is 4 weeks from the day the decision is announced on which the decision is addressed. Timely complaint has suspensive effect on the decision under appeal unless the appellate authority decides otherwise.

Subsection. 4. The Government may disregard the appeal deadline is missed, if special circumstances exceptionally justify it.
Subsection. 5. Greenland Government's decisions can not be appealed to any other administrative authority.


Chapter 7
Penalties



§ 32. This may result in a fine to violate § 6 paragraph. 1-3, § 7, paragraph. 4, § 9 paragraph. 2, § 11 paragraph. 2-4, § 16, first paragraph., § 19 paragraph. 3, § 21 paragraph. 3, § 22, stk. 1 and 2, § 24 paragraph. 3 and 4, § 25 paragraph. 3, § 27 paragraph. 2 and terms and conditions specified pursuant to § 3, paragraph. 3, § 5, paragraph. 3, § 18 paragraph. 3, § 19 paragraph. 4 and § 24 paragraph. 5.
Subsection. 2. How The Greenland Parliament Act or regulations issued in pursuance of the Act provides for the imposition of fines, the fine imposed on a legal person under the provisions of the Criminal Code for Greenland.
Subsection. 3. If there is no confiscation of proceeds obtained by infringement must, when determining the fine, special attention to the amount of economic benefit obtained.
Subsection. 4. Fine and confiscation is intended to benefit the Treasury.


Chapter 8

Commencement, repeal and transitional provisions


§ 33. The Greenland Parliament Act comes into force on 1 July 2010. At the same time Rule Act no. 18 of 19 November 2007 on protection of cultural monuments.

§ 34. Preservation of ancient monuments that are not superseded by preservations or other cultural heritage protection under the Parliament Act, remain in force until repealed. Preservations of buildings that are over 100 years old and not in use, in accordance with § 5, paragraph. 2 in conjunction with § 3 of the Greenland Parliament Act no. 18 of 19 November 2007 on protection of cultural monuments, repealed by the entry into force of this Parliament Act.





Self-Government, 19 May 2010




Kleist
/
Mimi Karlsen