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Parliament Act No. 18 Of 19 November 2007 On Protection Of Cultural Monuments

Original Language Title: Landstingslov nr. 18 af 19. november 2007 om fredning af kulturminder

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

Modified repeals, hovedlov replaces information

Repealed by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


Chapter 1

Purpose and definitions


§ 1. Landsting Act shall protect 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 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. Subsection 3. The Act takes account of Greenland's cultural heritage is an important part of the world and human history, and through active conservation efforts Greenland carries its share of the global cultural heritage.

§ 2. The cultural monuments in this Act the ancient monuments, buildings and cultural heritage sites.
Subsection. 2. By the time of its colonization, see. § 5, paragraph. 1, considered in this law:
1) In the area from the south side of Ikerasassuaq / Prins Christian Sund, south of Cape Farewell and up to 75 ° N on the west coast, 1800.
2) In the rest of Greenland, the That is from the north side of Ikerasassuaq / Prins Christians Sund via north Greenland down to 75 ° N on the west coast, 1900.



Chapter 2

Ancient sites and monuments


§ 3. The provisions of this chapter includes ancient sites on land and sea territories and shall also apply to buildings that are over 100 years old and not in use.

§ 4. For ancient sites mean physical traces of human activity that is left behind from the past and the context in which they are placed.

§ 5. Greenland National Museum decides on the preservation of disused cemeteries, tent rings from the period after colonization, cairns, fields and stone walls by those whose conservation because of their historic value is essential.
Subsection. 2. Other ancient monuments are protected.
Subsection. 3. Preservation means that the protected must not be damaged, altered or moved completely or partially.
Subsection. 4. Within a distance of 20 meters from the ancient sites can be made agricultural activities and brought 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. 5. Within a distance of 2 meters from the ancient sites must not be any activity.

§ 6. Greenland National Museum can grant exemptions from the provisions of § 5, paragraph. 3-5.

§ 7. Users with land allocation, local councils, public authorities and authorized local museums can submit on the preservation of ancient monuments or an amendment 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.
Subsection. 3. Before the Greenland National Museum determines under subsection. 2, there must be consultation with users with land allocation and the municipal council in the municipality where the ancient monument is located. Greenland National Museum can consult other.
Subsection. 4. Conservation Regulations published without delay on the Home Rule website.

§ 8. Greenland National Museum keeps a record of ancient sites, including the ancient monuments that are protected.
Subsection. 2. Greenland National Museum oversees the ancient monuments that are protected under this Act.
Subsection. 3. Greenland National Museum provides maintenance of the most important protected ancient sites within the county funding granted authorization.


Ensuring ancient monuments associated with the planning and preparation of earthworks


§ 9. 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 ancient sites and the information they provide, are safeguarded for posterity.

Subsection. 2. Planning and mineral authorities must involve the Greenland National Museum when drawing up planning material and the processing of permits that can affect ancient memories.
Subsection. 3. The developer must by major earthworks involve the Greenland National Museum in planning.
Subsection. 4. Greenland National Museum carries out archival checks for the presence of ancient sites in the relevant territory for inclusion under paragraph. 2 and 3.

§ 10. The client or the person at whose expense a feasibility study or earthworks are to be carried out, can prior to commencing work apply to the Greenland National Museum for an archaeological inspection of an area. The client or the person at whose expense a feasibility study or earthworks are to be performed, costs it sustains.
Subsection. 2. If the Greenland National Museum believes that there are ancient sites in the area, Greenland National Museum can decide to be made an archaeological investigation thereof. An archaeological survey must be carried out within 18 months unless special circumstances apply.
Subsection. 3. The client or the person at whose expense the excavation work to be carried out, bear the cost of an archaeological investigation. Greenland National Museum prepares a budget for conducting the survey before the studies began.
Subsection. 4. For small private earthworks can Landsstyre whole or part of the costs for an archaeological survey, see. Paragraph. 2-3 if the cost is unreasonable burden on the private builder.
Subsection. 5. Greenland National Museum determines whether the earthworks can be initiated to the extent that it does not affect the ancient monuments or archaeological study. In determining the emphasis on protection of ancient sites, ensuring the implementation of the archaeological study the possibility of commencement of the earthworks and significant business interests.


Ancient sites and monuments found during excavation work

§ 11 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. § 10 paragraph. 2-4, or preservation should be referred. § 5.

§ 12. 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 and cultural heritage sites


§ 13. Greenland National Museum decides on the preservation of buildings and cultural sites whose conservation because of their historical or architectural value are essential.
Subsection. 2. Listing of buildings may include:
1) The entire building.
2) The building's exterior.
3) Some building.
Subsection. 3. Protection of cultural heritage areas include the relationship that exists between a number of cultural monuments or an area which is linked to special events. The Cabinet may establish conservation measures for cultural heritage sites.
Subsection. 4. Preservation can also include a building or a cultural heritage site's immediate surroundings to the extent that these are part of the protection worthy whole.

§ 14. Owners must keep a listed building and a cultural area 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 or cultural heritage site condition and appearance of conservation time.
Subsection. 2. All construction work on a listed building and a cultural area 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 or a cultural area held wholly or partly within the county funding granted authorization.

§ 15. Greenland National Museum keeps a register of buildings and cultural heritage sites that have been listed under § 13 Paragraph
. 2. Greenland National Museum oversees buildings and cultural heritage sites that are protected under this Act.
Subsection. 3. Greenland National Museum provides maintenance of listed buildings and cultural heritage sites within the county funding granted authorization.


Heritage Council



§ 16. Minister of Culture reduces the Heritage Council of 3 persons to represent architectural, archaeological and cultural insight. Heritage Council appointed every 4 years. Minister of Culture appoints the Heritage Council members for the first time immediately after the entry into force of this Act.
Subsection. 2. Heritage Council shall make a recommendation regarding the proposal for preservation, see. § 17, and must be consulted on the authorizations pursuant to § 14. In addition, the Heritage Council, a consultative role in the preservation of buildings and cultural heritage sites and other related issues.
Subsection. 3. Greenland National Museum makes secretarial assistance available to the Heritage Council.


Conservation Procedure


§ 17. Owners, users with land allocation, the state, municipalities, local museums and associations that Greenland National Museum approved by them, can submit a proposal for preservation and on modification or repeal. Furthermore, the Greenland National Museum travel case so by their own initiative.
Subsection. 2. Before Greenland National Museum decides on preservation or modification or repeal, the public, the owner, users with land allocation and the municipality in which the building or cultural heritage site is located must be notified. The notification period shall be 3 months for which these parties have an opportunity to comment. Furthermore, the Heritage Council give its recommendation referred to. § 16 paragraph. 2.
Subsection. 3. From the time the notification is given, there must not be anything that may prevent or complicate the intended preservation.
Subsection. 4. Greenland National Museum rules on preservation or modification or repeal.

§ 18. Greenland National Museum publishes Conservation and modification or repeal within 14 days of the decision. The owner, users with land allocation and the municipality in which the building or cultural heritage site is located must be notified directly.
Subsection. 2. Decisions on protection of buildings registered by the High Court of Greenland at the request of the Greenland National Museum. Greenland High Court to give Greenland National Museum of change of ownership.
Subsection. 3. preservation must be respected by all rightsholders of the building and cultural heritage site, regardless of when such rights were established.


Chapter 4

Expropriation and redress


§ 19. The Cabinet is authorized through expropriation to acquire property necessary for the implementation of conservation by this Act. Expropriation is done according to the regulations on expropriation.

§ 20. Greenland National Museum decisions under this legislation can be appealed in writing to the Government of Greenland.
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 Cabinet may disregard the appeal deadline is missed, if special circumstances exceptionally justify it.
Subsection. 5. Cabinet's decisions can not be appealed to any other administrative authority.



Chapter 5
Penalties



§ 21. This can cause fine to violate § 5, paragraph. 3-5, § 11, first paragraph., § 14 paragraph. 1 and 2 and § 17 paragraph. 3.
Subsection. 2. If the violation is committed by a company which is wholly or partially owned by a government authority, the Greenland Home Rule, a municipality or a municipal community covered by the legislation on municipal councils and village councils, a public limited liability company, a cooperative society or similar legal persons can imposed on the enterprise, as such criminal liability. The same applies if the offense is committed by the Greenland Home Rule, a municipality or a municipal community covered by the legislation on municipal councils and local authorities etc.
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.



Chapter 6

Commencement, etc.


§ 22. This Act comes into force on 1 January 2008. At the same time Rule Act no. 5 of 16 October 1980 on the preservation of ancient monuments and buildings, Regulation no. 118 of 1948 concerning the monuments in Greenland and Circular of november 11, 1948 to district officials regarding conservation of ancient monuments.

§ 23. Preservation of ancient monuments that are not replaced by conservation orders under this Act remain in force until repealed.


Greenland Home Rule, 19 November 2007

Hans Enoksen
/
Tommy Marø