The National Council of the Slovak Republic has adopted this Act:
Article 1
Scope of this Act
Basic terms
AND TERRITORIAL SELF-GOVERNMENT AUTHORITIES
IN THE FIELD OF THE PROTECTION OF MONUMENTS AND HISTORIC SITES
State administration authorities for the protection of monuments and historic sites. The state administration authorities for the protection of monuments and historic sites are:
b) the Monuments Board of the Slovak Republic (hereinafter referred to as ”the Monuments Board”);
c) Regional Monuments Boards.
The Ministry
a) draw up the concept for the protection of monuments and historic sites and determine the main directions and strategy for the protection of cultural heritage monuments and historic sites;
b) submit to the Government of the Slovak Republic (hereinafter referred to as the ”Government”) strategic proposals and recommendations for the solution of fundamental issues of the conservation, renovation, use and presentation of monuments and historic sites;
c) control the activities of the Monuments Board;
d) direct and control state administration activities in the field of protection of monuments;
e) carry out central state supervision in the field of protection of monuments through its Inspection of Monuments and Historic Sites;
f) review decisions of the Monuments Board issued under administrative proceedings;
g) set conditions for a grant-based and multi-sourced system of financing for the conservation and renovation of cultural heritage monuments.
a) co-operate with the central authorities of the state administration that participate in fulfilling tasks in the field of the protection of monuments and historic sites, with territorial self-government authorities, and with professional and research institutions;
b) co-ordinate international co-operation and the process of integration into international structures in the field of the protection of monuments and historic sites.
Inspection of Monuments and Historic Sites of the Ministry
a) supervise under central state supervision whether competent authorities in the field of the protection of monuments and historic sites apply the provisions of this Act and the generally binding regulations adopted for its implementation;
b) supervise compliance by owners of cultural heritage monuments, legal entities and natural persons with this Act and the generally binding regulations adopted for its implementation and their adherence to decisions issued by authorities for the protection of monuments and historic sites;
c) supervise the status of cultural heritage monuments and compliance with the conditions for the protection of cultural heritage monuments and historic sites and impose duties on the authorities for the protection of monuments and historic sites to remedy deficiencies found during supervision;
d) control the fulfilment of measures taken for the remedy of deficiencies.
(2) In carrying out its tasks, the Inspection of Monuments and Historic Sites shall co-operate mainly with the Monuments Board, Regional Monuments Boards, municipalities, other control authorities4), authorities involved in criminal proceedings5) and other authorities and legal entities. All authorities and legal entities whose activities concern the interests protected by this Act shall provide the Inspection of Monuments and Historic Sites with the required information and all necessary interaction.
3) Act No. 575/2001 Coll. of Laws on the organisation of Government activities and on the organisation of the central state administration.
4) Act of the National Council of the Slovak Republic No. 10/1996 Coll. of Laws on the control of the state administration.
Monuments Council
(1) The Monuments Council is a professional advisory and initiative body of the Ministry for fundamental issues concerning the protection of monuments and historic sites.
(2) The Monuments Council shall discuss and assess concepts and strategies for the protection of monuments and historic sites and fundamental issues of their conservation, renovation, restoration, regeneration, use and presentation.
(3) The members of the Monuments Council shall be appointed and recalled by the Minister of Culture of the Slovak Republic (hereinafter referred to as the ”Minister”), who shall appoint them from among professionals engaged in the protection of monuments and historic sites who are designated by professional organisations and research institutions, in particular by universities and the research institutes of the Slovak Academy of Sciences.6)
(4) The term of office for members of the Monuments Council shall be three years.
(5) Membership of the Monuments Council shall be voluntary and non-transferrable. Members of the Monuments Council shall be entitled to reimbursement for all expenditures related to their membership according to special regulations.7)
(6) Details of the activities of the Monuments Council shall be governed by its Statutes issued by the Ministry.
Archaeological Council
(1) The Archaeological Council is a professional advisory and co-ordination body of the Ministry for archaeological research, archaeological finds and archaeological sites.
(2) The Archaeological Council shall in particular
a) consider applications from legal entities for the issue of authorisations to engage in archaeological research;
b) evaluate the conditions and the quality of the research carried out;
c) co-ordinate the performance of important archaeological research for which it shall reserve the right of assessment.
(3) Members of the Archaeological Council shall be appointed and recalled by the Minister, who shall appoint them from among professionals in the field of archaeology designated by the Archaeological Institute of the Slovak Academy of Sciences (hereinafter referred to as ”the Archaeological Institute”), universities, the Monuments Board, the Slovak National Museum and/or other museums.
(6) Details of activities of the Archaeological Council shall be governed by its Statutes issued by the Ministry.
6) Act of the Slovak National Council No. 74/1963 Coll. on the Slovak Academy of Sciences as amended by subsequent regulations.
7) Act No. 119/1992 Coll. on the refund of travel expenditures as amended by subsequent regulations.
Committee for the verification of special professional qualifications
for carrying out research on monuments and historic sites
a) consider applications by natural persons for obtaining special professional qualifications according to Art. 35 par. 3;
b) submit proposals to the Ministry for granting authorisations on special professional qualifications for carrying out research on monuments.
Monuments Board
a) govern and control the performance of the state administration in the field of the protection of monuments and historic sites by Regional Monuments Boards;
b) resolve and co-ordinate professional and research tasks and develop theories and methodologies for the protection of monuments and historic sites;
c) monitor the status of monuments and historic sites and the conditions for their protection;
d) take decisions in administrative proceedings9) as the first instance authority on matters entrusted to the Board by this Act in the field of the protection of monuments and historic sites;
e) take decisions on appeals against decisions by Regional Monuments Boards and review their decisions outside appellate procedures;
f) act as administrator for the respective part of the state information system;
g) keep special records (an archive) in the field of the protection of monuments and historic sites;10)
h) ensure the development of theories and methodologies for restoration, and establish educational, development, analytical and technological working places and laboratories;
i) ensure research and restoration works as a special-purpose State aid for cultural heritage monuments in danger,
j) carry out and co-ordinate documentation, educational, editorial and promotional activities;
k) provide professional and methodological assistance to Regional Monuments Boards,
l) co-operate with civic associations and foundations established in order to protect, use and present monuments and historic sites,
m) take part in international projects for the protection and renovation of cultural heritage monuments and historic sites and co-operate with international organisations and partner institutions abroad.
9) Art. 5 par. 1 of Act No. 71/1967 Coll. on Administrative Proceedings (Code of Administrative Proceedings)
Regional Monuments Boards
b) draw up documents connected with the preparation of urban and regional planning documentation for the competent state administration authorities, and co-operate with them on the preparations of project and restoration documentation for the conservation and renovation of monuments and historic sites;
c) provide regional and district state administration offices, on their request, as well as self-governing regions and municipalities11) with extracts from the Central Register of Monuments and Historic Sites (hereinafter referred to as ”the Central Register”) according to their territorial districts;
d) direct the activities of legal entities and natural persons aimed at the conservation, renovation and use of monuments and historic sites and provide them with professional and methodological assistance;
e) ensure, in necessary cases, temporary professional custody of movable cultural heritage monuments;
f) provide municipalities with methodological and professional assistance in keeping records on the local sights of these municipalities;
g) monitor compliance with this Act and take measures to remedy deficiencies in the protection of monuments and historic sites;
h) impose fines according to Arts. 42 and 43.
Authorisations and duties of persons performing state supervision
in the field of the protection of monuments and historic sites
b) require the submission of a movable cultural heritage monument for research purposes or in order to prevent serious damage or the destruction of such a cultural heritage monument.
a) produce their service cards and written credentials from the Ministry, Monuments Board or Regional Monuments Board on whose instructions they are authorised to perform the supervision;
b) preserve confidentiality on matters learned when performing state supervision.
Self-Governing Regions
(2) The municipality shall
a) ensure that owners of cultural heritage monuments act in compliance with this Act;
b) co-ordinate the construction of technical infrastructure in settlements where historic sites are situated;
c) co-operate in safeguarding the treatment of street fixtures and street furnishings, small sized architectural elements, protected historical green areas, street lighting and advertising facilities in such a way that they are in compliance with the intentions for the conservation and application of cultural heritage values of the site concerned;
d) support initiatives by citizens and civic associations aimed at the protection of monuments and historic sites,
e) keep records on monuments and historic sites situated on the territory of the municipality on the basis of extracts from the Central Register.
13) Art. 7 of Act No. 302/2001 Coll. of Laws.
14) Art. 2 par. 1 of Act of the Slovak National Council No. 369/1990 Coll. on municipalities.
15) Act No. 115/1998 Coll. of Laws on museums and art galleries and on the protection of valuable objects for museums and art galleries.
(5) The Ministry shall without delay send a valid decision on the declaration or rejection of the declaration of the object as a cultural heritage monument to the owner of the object, the Monuments Board and, in cases where the immovable property is declared a cultural heritage monument, also to the respective building authority and municipality concerned. The Ministry shall also send the notice on the entry into force of the decision on the declaration of immovable property as a cultural heritage monument to the Cadastral Office.16)
Declaration of Protected Historic Reserves
Declaration of Protected Historic Zones
Declaration of Protective zones
16) Art. 6 par. 1 point e) of Act of the National Council of the Slovak Republic No. 162/1995 Coll. of Laws on cadastre of real estates and on the incorporation of proprietary and other rights to real estates (the Cadastral Act).
Amendment or Repeal of Declarations
of Cultural Heritage Monuments and Historic Sites
Inclusion in the World Heritage List
17) Convention Concerning the Protection of World Cultural and Natural Heritage (Notification No. 159/1991 Coll.).
Central Register
(2) The Central Register shall consist of
a) the register of movable cultural heritage monuments;
b) the register of immovable cultural heritage monuments;
c) the register of protected historic reserves;
d) the register of protected historic zones.
(3) The Monuments Board shall enter a new record in the central register no later than 30 days following the declaration of the object as a cultural heritage monument or following the declaration of a historic site as a protected historic reserve or protected historic zone. The registration of a cultural heritage monument shall be notified to its owner without delay.
(4) The Monuments Board shall record in the respective register whether:
a) the immovable cultural heritage monument in question is situated in a protected historic reserve, in a protected historic zone or in a protective zone;
b) a protective zone has been declared for this immovable cultural heritage monument, historic reserve or historic zone;
c) this cultural heritage monument, historic reserve or historic zone has been included in the World Heritage List.
(5) The data included in the Central Register and which concerns the owners of cultural heritage monuments and places where movable cultural heritage monuments and archaeological finds are located shall remain confidential in accordance with special regulations18).
(6) If the declaration of any movable object or immovable property as a cultural heritage monument, or declaration of a site as a historic reserve or historic zone is repealed, the Monuments Boards shall delete the entry, and the original documentation shall be filed in the archives.19)
(7) Regional Monuments Boards shall keep records on monuments and historic sites situated on their territory on the basis of extracts from the Central Register.
Pre-emption Right of State to Purchase Cultural Heritage Monuments
19) Art. 26 of Act of the Slovak National Council No. 149/1975 Coll. as amended by Act of the Slovak National Council No. 571/1991 Coll.
Relocation of Cultural Heritage Monuments
Cultural Heritage Monuments in Relation to Foreign Countries
21) Act No. 50/1976 Coll. on territorial planning and building code (Building Act) as amended by subsequent regulations.
22) Decree of the Minister of Foreign Affairs No. 15/1980 Coll. on the
Convention on the Means Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property.
Return Proceedings
PROTECTION OF MONUMENTS AND HISTORIC SITES
Article 27
Basic Protection of Cultural Heritage Monuments
Owner’s Rights and Duties
a) ask the Regional Monuments Board for the free-of-charge provision of professional and methodological assistance in matters concerning the protection of the cultural heritage monument;
b) ask the municipality and the Ministry for a financial contribution or the provision of State aid24) for the conservation of the cultural heritage value of that monument;
c) adequate refund of any demonstrable loss caused due to application of this Act or of a decision taken according to this Act.
a) protect the cultural heritage monument at his/her own expense;
b) use the cultural heritage monument in compliance with its cultural heritage values;
c) in cases of transfer of ownership, notify the contractual party of the fact that the cultural heritage monument is protected in accordance with this Act;
d) allow employees of a body for the protection of monuments and historic sites or other authorised person, upon presentation of their service cards, to enter the premises of an immovable cultural heritage monument provided it is not a residence, or to present a movable cultural heritage monument for documentation or research purposes or with the aim of avoiding damage or destroying the cultural heritage monument;
e) endure marking the cultural heritage monument in cases where the Regional Monuments Board has so decided;
f) endure making the cultural heritage monument available to the public in cases where it is not a residence for certain time periods and for payment if the Regional Monuments Board has so decided;
g) ensure special protection of the cultural heritage monument and deposit a movable cultural heritage monument in custody at a determined location for a necessary time period in the case of an emergency event;25)
h) ensure special protection of the cultural heritage monument during the armed readiness of the country,26) and deposit the movable cultural heritage monument in custody at a determined location for a necessary period of time and safeguard immovable cultural heritage monuments in compliance with international legal instruments.27)
(3) The owner of a cultural heritage property shall notify the Regional Monuments Board and the municipality of:
a) any danger, damage, theft or destruction to the cultural heritage monument without delay;
b) any intended change in use of the cultural heritage monument; in cases where it is an immovable cultural heritage monument, also its fixtures and fittings;
c) any change in ownership of the cultural heritage monument within 30 days.28)
(4) The owner of immovable property which is not a cultural heritage monument and which is situated in a historic reserve, historic zone or protective zone shall:
a) be entitled to ask the Regional Monuments Board for free professional and methodological assistance;
b) be obliged to treat and use the immovable property in such a way so as not to endanger the cultural heritage values of the immovable cultural heritage monument, historic reserve or historic zone.
25) Art. 3 of Act of the National Council of the Slovak Republic No. 42/1994 Coll. of Laws on civil defence of the population as amended by Act No. 117/1998 Coll. of Laws.
26) Art. 5 of Act No. 40/1961 Coll. on the defence of the Czechoslovak Socialist Republic.
27) Decree of the Ministry of Foreign Affairs No. 94/1958 Coll. on the Convention for the Protection of Cultural Property in the Event of Armed Conflict and on its Protocol.
Basic Protection of Historic sites
Corrective Measures
RENOVATION AND RESTORATION
Article 32
(1) According to this Act, the renovation of a cultural heritage monument (hereinafter referred to as ”renovation”) shall mean a set of specialised professional activities for the maintenance, conservation, repair, adaptation and reconstruction of a cultural heritage monument or its part.
(3) The owner shall attach to the application for a decision on the renovation programme the renovation programme containing identification data on the cultural heritage monument, data on proprietary rights to the cultural heritage monument, and a specification of the changes envisaged in the material and spatial composition of the cultural heritage monument.
(4) In its decision referred to in paragraph 2, the Regional Monuments Board shall indicate whether the envisaged works are admissible and shall specify the conditions under which these works can be prepared and carried out in a manner that does not endanger, damage or destroy the cultural heritage monument concerned, and in particular whether these works can be prepared only on the basis of research and other preparatory documentation.
(6) The owner shall attach to the application for a decision concerning renovation of immovable property located in a historic site or protective zone the programme of immovable property reconstruction containing data on the immovable property, data on proprietary rights to immovable property, envisaged use of the immovable property, and a specification of the envisaged territorial and spatial changes.
32) Art. 102 Act No. 50/1976 Coll.
33) Act of the National Council of the Slovak Republic No. 2000/1994 Coll. of Laws on the Chamber of restorers and on restoration activities performed by its members.
Restoration of Cultural Heritage Monuments
b) documentation on restoration works carried out.
34) Art. 5 par. 2 points a) to d) of Act of the National Council of the Slovak Republic No. 2000/1994 Coll. of Laws.
Article 34
State and Municipality Aid
for the Renovation and Restoration of Cultural Heritage Monuments
(1) In cases where an owner cannot cover, either partially or fully, the costs of renovation or restoration, he may ask the Ministry and municipality for a financial contribution. There is no legal title to this contribution.
(2) The owner shall attach the decision of the Regional Monuments Board on the renovation programme referred to in Art. 32 par. 4 or on the restoration programme referred to in Art. 33 par. 4 to the application for a financial contribution. The owner shall also attach to the application for a financial contribution from the Ministry the opinion of the municipality concerned containing the amount of the contribution provided by the municipality or reasons why the municipality had not provided any contribution .
(3) Within a period of ten years from the date when the contribution was provided, the Ministry may reserve the right to require the return of the contribution provided for renovation in cases where the cultural heritage monument or its part, which was revaluated through the work carried out, is transferred against the payment.
(4) The contribution referred to in paragraph 1 shall not be provided when payment of the necessary cost can be ensured by other legal regulations.35)
(5) The State may provide the owner of a cultural heritage monument with indirect aid according to special regulations.36)
Article 35
Research of Monuments and Historic Sites
(1) For the purpose of this Act the term ”research of monuments and historic sites” (hereinafter referred to as ”research”) shall mean any professional activity aimed at gaining knowledge on cultural heritage monuments, historic sites, archaeological finds and archaeological sites.
(2) Research shall be carried out for the purpose of preparation for the renovation and restoration of cultural heritage monuments, for drawing up principles of protection of historic sites, and for scientific and documentation purposes.
(3) Research must be carried out by a natural person with special professional qualifications in the respective field on the basis of an authorisation issued by the Ministry for a five-year period. The validity of the authorisation may be extended for a further five-year period.
(4) Special professional qualifications can be obtained in the following fields of research:
a) artistic-historical;
b) architectonic-historical;
c) urban-historical;
d) archaeological.
(5) A special professional qualification for the purposes of this Act can be obtained by a natural person with a university education in the respective field and through passing specialised exams that demonstrate theoretical and special professional knowledge on cultural heritage monuments and historic sites and who has at least three-year practice in the field of historic research and is irreproachable.
(6) Applications for granting an authorisation on special professional qualifications shall be accompanied by documentation on accomplished education, documentation on professional practice, an expert opinion from the Monuments Board or the Archaeological Institute confirming professional practice, and a copy of their criminal record not more than three months old.
(7) On the basis of the opinion from the Monuments Board, the Ministry shall not issue or temporarily withdraw the authorisation for carrying out research referred to in paragraph 3 from a natural person with special professional qualifications who is an employee of the Monuments Board and prepares decisions or takes decisions on the matters of the protection and restoration of monuments and historic sites.
(8) The Ministry shall publish the list of authorised parsons in the Official Journal of the Ministry.
(9) The Ministry shall withdraw authorisation from any person who carries out research contrary to this Act.
(10) Details on the requirements for obtaining professional qualifications shall be specified in a generally binding legal regulation issued by the Ministry.
Archaeological Research
(1) For the purpose of this Act the term ”archaeological research” shall mean a set of professional activities aimed at searching for, identifying, documenting, and preserving archaeological finds and archaeological sites, as well as searching for and collecting movable archaeological finds on the ground, in the earth or under the water.
(2) Archaeological research may be carried out by the Archaeological Institute; no other legal entity may carry out this research without an authorisation issued by the Ministry.
(3) The Ministry shall issue authorisation for archaeological research to a legal entity that ensures archaeological research through natural persons with special professional qualifications obtained in accordance with Art. 35 par. 3.
(4) The Ministry shall withdraw authorisation for archaeological research from a legal entity in cases where the conditions under which the authorisation was issued ceased to exist or were infringed.
Preservation Research
(1) Preservation research must be carried out during the preparation of buildings and other economic activities in the territory where cultural heritage values and archaeological finds are likely to be endangered.
(2) Preservation research is an advanced measure carried out to preserve archaeological and other historic finds envisaged on the ground, in the earth and under the water.
(3) The Monuments Board shall decide on the necessity to carry out preservation research on a proposal by the building authority, the Regional Monuments Board or on its own initiative. In the case of preservation archaeological research, the Monuments Board shall issue a decision after the delivery of an opinion from the Archaeological Institute. The Monuments Board shall send the decision on carrying out archaeological research to the building authority without delay.
(4) In cases where the builder or entity that shall execute the decision referred to in paragraph 2 is unable from objective reasons to appoint an authorised person, the Ministry shall appoint the person authorised to carry out the preservation research on a proposal from the Monuments Board. If this concerns preservation archaeological research, the Monuments Board shall submit a proposal to the Ministry after receiving an opinion from the Archaeological Institute.
Article 38
Financing of Research
(1) The costs of research shall be covered by the owner of the cultural heritage monument or the builder.
(2) In cases where the research is carried out during construction or for activities which are in the public interest, the central state administrative authority responsible for ensuring construction activities or construction in the public interest can decide whether these costs or their part will be covered from the state budget.
(3) Research carried out exclusively for scientific or documentation purposes shall be financed by the entity in whose interest it is carried out.
Article 39
Conditions for Carrying out Research
(1) Before beginning research, a person authorised according to Art. 35 par. 3 or Art. 36 par. 2 shall conclude a contract with the owner of the cultural heritage monument or with the owner of the immovable property specifying the conditions for carrying out the research. In cases where no agreement is reached, the Monuments Board shall decide on the owner’s duty to endure the research according to Art. 36 to 38 and on the conditions under which this research can be carried out. The decision by the Monuments Board shall apply without prejudice to the owner’s right to compensation for any damage to the property.
(2) During research, the authorised persons shall take into account the interest protected by special regulations, co-operate with authorities ensuring the protection of these interests, and protect the rights and legitimate interests of the owners of immovable and other property.
(3) The type, extent, manner, intended date of the end of research, and disposal of finds shall be specified in a decision from the Regional Monuments Board. In cases of archaeological research, the Regional Monuments Board shall take the decision after obtaining an opinion from the Archaeological Institute.
(4) Research must be carried out in accordance with respective international conventions17) in compliance with contemporary scientific knowledge and using suitable, mainly non-destructive methods of investigation.
(5) In cases of archaeological research on a cultural heritage monument or in a historic site or protective zone, the Archaeological Institute and persons authorised according to Art. 35 par. 3 shall notify the beginning of the research to the Regional Monuments Board within 15 day from the start of work.
(6) Clandestine research and excavations in cultural heritage monuments, historic sites and sites with archaeological finds, as well as the illicit collection and relocation of movable finds or their search using detectors shall be prohibited.
(7) Any person carrying out research on the basis of the agreement referred to in paragraph 1 shall take measures to prevent damage, devaluation, destruction or theft of the find. Research may not be carried out if the protection of the finds or a remedy for the adverse effects of the research cannot be ensured after completing the research.
(8) The professional knowledge gained through research shall be processed in research and preparatory documentation, which is the basis for the preparation of the project documentation for renovation of the cultural heritage monument or the basis for the preparation of the territorial projection of the protection of a historic site. Details on research and preparatory documentation shall be specified in a generally binding regulation issued by the Ministry.
(9) The owner or person carrying out the research for research or documentation purposes shall submit one free-of-charge copy of the research documentation to the Regional Monuments Board within 60 days of the end of research, in reasonable cases not later than within a time period determined by the Regional Monuments Board. In the case of archaeological research, the Regional Monuments Board shall provide the data necessary for keeping the records referred to in Art. 41 par. 1 to the Archaeological Institute, in reasonable cases also a copy of the research documentation.
Finds
(1) For the purpose of this Act, the term ”find” shall mean an object of cultural heritage value found during research works or building works or other activities in the earth, on the ground, under the water, or in the construction material of a historic building.
(2) If the object of cultural heritage value is found outside the approved research works, the finder must notify it directly or through the municipality concerned to the Regional Monuments Board. The finder or person responsible for carrying out the works during which the find was discovered shall notify it not later than the second working day following its discovery.
(3) The find must remain unchanged until inspection by the Regional Monuments Board or by a professionally qualified person authorised by the Regional Monuments Board, however, at least three working days after the date of the notification of the find. Until inspection by the Regional Monuments Board, the finder shall take all necessary measures in order to preserve the find and, in particular, to ensure it against damage, devaluation, destruction or theft. Only an authorised person using methods of archaeological research can collect and relocate an archaeological find from its original place of finding and its settings.
(4) Special regulations37) shall apply in respect of finds discovered during construction work.
(5) Archaeological finds are in the ownership of the Slovak Republic.
(6) Movable finds shall be protected in accordance with special regulations.15) Immovable finds, their groups and archaeological sites can be declared cultural heritage monuments, historic reserves or historic zones on the basis of their cultural heritage values.
(7) In cases other than research carried out according to Articles 35 to 35 and non-permitted activities, the finder shall be entitled to a refund of expenses incurred relating to the notification and protection of the find referred to in paragraphs 2 or 3.
(8) The Monuments Board shall provide a reward to the finder which shall be equal to the value of material in cases where the find is made of precious metals or other valuable materials; in other cases the reward shall be equal to 20% of the value of the find. The value of the material and the value of the find shall be determined on the basis of an expert report.23)
37) Art. 127 of Act No. 50/1976 Coll. as amended by Act No. 229/1997 Coll. of Laws.
Records On and the Use of Archaeological Sites
Offences
Other Administrative Delinquencies
b) up to SKK 200,000 in cases referred to in Art. 42 par. 1 points f) to i);
c) up to SKK 500,000 in cases referred to in Art. 42 par. 1 points j) to m).
38) Act of the Slovak National Council No. 372/1990 Coll. on offences as amended by subsequent regulations.
COMMON, TRANSITIONAL AND FINAL PROVISIONS Article 44
Common Provisions
(1) The owner’s duties stipulated in this Act shall also apply to an administrator or other holder of a cultural heritage monument. The owner shall cover the costs relating to basic protection in cases arising from a legal relationship.
Transitional Provisions
(1) Cultural heritage monuments and historic sites included in the Central Register of Cultural Heritage Monuments of the Slovak Republic according to the previous legal regulations shall be considered cultural heritage monuments included according to this Act.
39) Art. 5 of Act of the National Council of the Slovak Republic No. 115/1998 Coll. of Laws.
Act Of the Slovak National Council No. 149/1975 Coll.
Act No. 183/2000 Coll. of Laws on libraries and on amendments to Act of the Slovak National Council No. 27/1987 Coll. on the state care of monuments and historic sites and on amendments toAct No. 68/1997 Coll. of Laws on Matica slovenská as amended by subsequent regulations.
40) Act No. 71/1967 Coll.
41) Act of the National Council of the Slovak Republic No. 278/1993 Coll. of Laws on the administration of the State property as amended by subsequent regulations.
Final Provisions
3. Regulation of the Government of the Slovak Republic No. 478/1990 Coll. declaring national cultural heritage monuments;
4. Regulation of the Government of the Slovak Republic No. 299/1991 Coll. repealing the declaration of certain national cultural heritage monuments;
5. Regulation of the Government of the Slovak Republic No. 289/1994 Coll. of Laws declaring the National Cultural Heritage Monument in Ružomberok;
6. Regulation of the Government of the Slovak Republic No. 288/1994 Coll. of Laws declaring national cultural heritage monuments;
7. Decree of the Presidium of the Slovak National Council No. 78/1963 Coll. on historic reserves;
8. Decree of the Ministry of Culture of the Slovak Socialist Republic No. 21/1988 Coll. implementing certain provisions of Act of the Slovak National Council No. 27/1987 Coll.;
9. Decree of the Commissariat of Education and Culture No. 249/1959 Official Journal on national cultural heritage monuments.
Translation: RNDr. Anna SZULÉNYIOVÁ, English – Slovak Translator
Proofreading: David TYLOR, English editor
Terminology adviser: Conrad TOFT, English editor
Bratislava, March 2002
ART SEVEN
15) Act No. 115/1998 Coll. of Laws on museums and art galleries and on the protection of valuable objects for museums and art galleries.
Declaration of Protected Historic Reserves
Declaration of Protected Historic Zones
Declaration of Protective zones
16) Art. 6 par. 1 point e) of Act of the National Council of the Slovak Republic No. 162/1995 Coll. of Laws on cadastre of real estates and on the incorporation of proprietary and other rights to real estates (the Cadastral Act).
Amendment or Repeal of Declarations
of Cultural Heritage Monuments and Historic Sites
Inclusion in the World Heritage List
17) Convention Concerning the Protection of World Cultural and Natural Heritage (Notification No. 159/1991 Coll.).
Central Register
b) the register of immovable cultural heritage monuments;
c) the register of protected historic reserves;
d) the register of protected historic zones.
b) a protective zone has been declared for this immovable cultural heritage monument, historic reserve or historic zone;
c) this cultural heritage monument, historic reserve or historic zone has been included in the World Heritage List.
Pre-emption Right of State to Purchase Cultural Heritage Monuments
Relocation of Cultural Heritage Monuments
Cultural Heritage Monuments in Relation to Foreign Countries
21) Act No. 50/1976 Coll. on territorial planning and building code (Building Act) as amended by subsequent regulations.
22) Decree of the Minister of Foreign Affairs No. 15/1980 Coll. on the Convention on the Means Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
Return Proceedings
PROTECTION OF MONUMENTS AND HISTORIC SITES
Article 27 Basic Protection of Cultural Heritage Monuments
Owner’s Rights and Duties
a) ask the Regional Monuments Board for the free-of-charge provision of professional and methodological assistance in matters concerning the protection of the cultural heritage monument;
b) ask the municipality and the Ministry for a financial contribution or the provision of State aid24) for the conservation of the cultural heritage value of that monument;
c) adequate refund of any demonstrable loss caused due to application of this Act or of a decision taken according to this Act.
a) protect the cultural heritage monument at his/her own expense;
b) use the cultural heritage monument in compliance with its cultural heritage values;
c) in cases of transfer of ownership, notify the contractual party of the fact that the cultural heritage monument is protected in accordance with this Act;
d) allow employees of a body for the protection of monuments and historic sites or other authorised person, upon presentation of their service cards, to enter the premises of an immovable cultural heritage monument provided it is not a residence, or to present a movable cultural heritage monument for documentation or research purposes or with the aim of avoiding damage or destroying the cultural heritage monument;
e) endure marking the cultural heritage monument in cases where the Regional Monuments Board has so decided;
f) endure making the cultural heritage monument available to the public in cases where it is not a residence for certain time periods and for payment if the Regional Monuments Board has so decided;
g) ensure special protection of the cultural heritage monument and deposit a movable cultural heritage monument in custody at a determined location for a necessary time period in the case of an emergency event;25)
h) ensure special protection of the cultural heritage monument during the armed readiness of the country,26) and deposit the movable cultural heritage monument in custody at a determined location for a necessary period of time and safeguard immovable cultural heritage monuments in compliance with international legal instruments.27)
(3) The owner of a cultural heritage property shall notify the Regional Monuments Board and the municipality of:
a) any danger, damage, theft or destruction to the cultural heritage monument without delay;
b) any intended change in use of the cultural heritage monument; in cases where it is an immovable cultural heritage monument, also its fixtures and fittings;
c) any change in ownership of the cultural heritage monument within 30 days.28)
(4) The owner of immovable property which is not a cultural heritage monument and which is situated in a historic reserve, historic zone or protective zone shall:
a) be entitled to ask the Regional Monuments Board for free professional and methodological assistance;
b) be obliged to treat and use the immovable property in such a way so as not to endanger the cultural heritage values of the immovable cultural heritage monument, historic reserve or historic zone.
25) Art. 3 of Act of the National Council of the Slovak Republic No. 42/1994 Coll. of Laws on civil defence of the population as amended by Act No. 117/1998 Coll. of Laws.
26) Art. 5 of Act No. 40/1961 Coll. on the defence of the Czechoslovak Socialist Republic.
27) Decree of the Ministry of Foreign Affairs No. 94/1958 Coll. on the Convention for the Protection of Cultural Property in the Event of Armed Conflict and on its Protocol.
Basic Protection of Historic sites
Article 30
Corrective Measures
RENOVATION AND RESTORATION
Article 32
(1) According to this Act, the renovation of a cultural heritage monument (hereinafter referred to as ”renovation”) shall mean a set of specialised professional activities for the maintenance, conservation, repair, adaptation and reconstruction of a cultural heritage monument or its part.
(3) The owner shall attach to the application for a decision on the renovation programme the renovation programme containing identification data on the cultural heritage monument, data on proprietary rights to the cultural heritage monument, and a specification of the changes envisaged in the material and spatial composition of the cultural heritage monument.
(4) In its decision referred to in paragraph 2, the Regional Monuments Board shall indicate whether the envisaged works are admissible and shall specify the conditions under which these works can be prepared and carried out in a manner that does not endanger, damage or destroy the cultural heritage monument concerned, and in particular whether these works can be prepared only on the basis of research and other preparatory documentation.
(6) The owner shall attach to the application for a decision concerning renovation of immovable property located in a historic site or protective zone the programme of immovable property reconstruction containing data on the immovable property, data on proprietary rights to immovable property, envisaged use of the immovable property, and a specification of the envisaged territorial and spatial changes.
32) Art. 102 Act No. 50/1976 Coll.
33) Act of the National Council of the Slovak Republic No. 2000/1994 Coll. of Laws on the Chamber of restorers and on restoration activities performed by its members.
Restoration of Cultural Heritage Monuments
b) documentation on restoration works carried out.
34) Art. 5 par. 2 points a) to d) of Act of the National Council of the Slovak Republic No. 2000/1994 Coll. of Laws.
Article 34
State and Municipality Aid
for the Renovation and Restoration of Cultural Heritage Monuments
(1) In cases where an owner cannot cover, either partially or fully, the costs of renovation or restoration, he may ask the Ministry and municipality for a financial contribution. There is no legal title to this contribution.
(2) The owner shall attach the decision of the Regional Monuments Board on the renovation programme referred to in Art. 32 par. 4 or on the restoration programme referred to in Art. 33 par. 4 to the application for a financial contribution. The owner shall also attach to the application for a financial contribution from the Ministry the opinion of the municipality concerned containing the amount of the contribution provided by the municipality or reasons why the municipality had not provided any contribution .
(3) Within a period of ten years from the date when the contribution was provided, the Ministry may reserve the right to require the return of the contribution provided for renovation in cases where the cultural heritage monument or its part, which was revaluated through the work carried out, is transferred against the payment.
(4) The contribution referred to in paragraph 1 shall not be provided when payment of the necessary cost can be ensured by other legal regulations.35)
(5) The State may provide the owner of a cultural heritage monument with indirect aid according to special regulations.36)
Article 35
Research of Monuments and Historic Sites
(1) For the purpose of this Act the term ”research of monuments and historic sites” (hereinafter referred to as ”research”) shall mean any professional activity aimed at gaining knowledge on cultural heritage monuments, historic sites, archaeological finds and archaeological sites.
(2) Research shall be carried out for the purpose of preparation for the renovation and restoration of cultural heritage monuments, for drawing up principles of protection of historic sites, and for scientific and documentation purposes.
(3) Research must be carried out by a natural person with special professional qualifications in the respective field on the basis of an authorisation issued by the Ministry for a five-year period. The validity of the authorisation may be extended for a further five-year period.
(4) Special professional qualifications can be obtained in the following fields of research:
a) artistic-historical;
b) architectonic-historical;
c) urban-historical;
d) archaeological.
(5) A special professional qualification for the purposes of this Act can be obtained by a natural person with a university education in the respective field and through passing specialised exams that demonstrate theoretical and special professional knowledge on cultural heritage monuments and historic sites and who has at least three-year practice in the field of historic research and is irreproachable.
(6) Applications for granting an authorisation on special professional qualifications shall be accompanied by documentation on accomplished education, documentation on professional practice, an expert opinion from the Monuments Board or the Archaeological Institute confirming professional practice, and a copy of their criminal record not more than three months old.
(7) On the basis of the opinion from the Monuments Board, the Ministry shall not issue or temporarily withdraw the authorisation for carrying out research referred to in paragraph 3 from a natural person with special professional qualifications who is an employee of the Monuments Board and prepares decisions or takes decisions on the matters of the protection and restoration of monuments and historic sites.
(8) The Ministry shall publish the list of authorised parsons in the Official Journal of the Ministry.
(9) The Ministry shall withdraw authorisation from any person who carries out research contrary to this Act.
(10) Details on the requirements for obtaining professional qualifications shall be specified in a generally binding legal regulation issued by the Ministry.
Archaeological Research
(1) For the purpose of this Act the term ”archaeological research” shall mean a set of professional activities aimed at searching for, identifying, documenting, and preserving archaeological finds and archaeological sites, as well as searching for and collecting movable archaeological finds on the ground, in the earth or under the water.
(2) Archaeological research may be carried out by the Archaeological Institute; no other legal entity may carry out this research without an authorisation issued by the Ministry.
(3) The Ministry shall issue authorisation for archaeological research to a legal entity that ensures archaeological research through natural persons with special professional qualifications obtained in accordance with Art. 35 par. 3.
(4) The Ministry shall withdraw authorisation for archaeological research from a legal entity in cases where the conditions under which the authorisation was issued ceased to exist or were infringed.
Preservation Research
(1) Preservation research must be carried out during the preparation of buildings and other economic activities in the territory where cultural heritage values and archaeological finds are likely to be endangered.
(2) Preservation research is an advanced measure carried out to preserve archaeological and other historic finds envisaged on the ground, in the earth and under the water.
(3) The Monuments Board shall decide on the necessity to carry out preservation research on a proposal by the building authority, the Regional Monuments Board or on its own initiative. In the case of preservation archaeological research, the Monuments Board shall issue a decision after the delivery of an opinion from the Archaeological Institute. The Monuments Board shall send the decision on carrying out archaeological research to the building authority without delay.
(4) In cases where the builder or entity that shall execute the decision referred to in paragraph 2 is unable from objective reasons to appoint an authorised person, the Ministry shall appoint the person authorised to carry out the preservation research on a proposal from the Monuments Board. If this concerns preservation archaeological research, the Monuments Board shall submit a proposal to the Ministry after receiving an opinion from the Archaeological Institute.
Article 38
Financing of Research
(1) The costs of research shall be covered by the owner of the cultural heritage monument or the builder.
(2) In cases where the research is carried out during construction or for activities which are in the public interest, the central state administrative authority responsible for ensuring construction activities or construction in the public interest can decide whether these costs or their part will be covered from the state budget.
(3) Research carried out exclusively for scientific or documentation purposes shall be financed by the entity in whose interest it is carried out.
Article 39
Conditions for Carrying out Research
(1) Before beginning research, a person authorised according to Art. 35 par. 3 or Art. 36 par. 2 shall conclude a contract with the owner of the cultural heritage monument or with the owner of the immovable property specifying the conditions for carrying out the research. In cases where no agreement is reached, the Monuments Board shall decide on the owner’s duty to endure the research according to Art. 36 to 38 and on the conditions under which this research can be carried out. The decision by the Monuments Board shall apply without prejudice to the owner’s right to compensation for any damage to the property.
(2) During research, the authorised persons shall take into account the interest protected by special regulations, co-operate with authorities ensuring the protection of these interests, and protect the rights and legitimate interests of the owners of immovable and other property.
(3) The type, extent, manner, intended date of the end of research, and disposal of finds shall be specified in a decision from the Regional Monuments Board. In cases of archaeological research, the Regional Monuments Board shall take the decision after obtaining an opinion from the Archaeological Institute.
(4) Research must be carried out in accordance with respective international conventions17) in compliance with contemporary scientific knowledge and using suitable, mainly non-destructive methods of investigation.
(5) In cases of archaeological research on a cultural heritage monument or in a historic site or protective zone, the Archaeological Institute and persons authorised according to Art. 35 par. 3 shall notify the beginning of the research to the Regional Monuments Board within 15 day from the start of work.
(6) Clandestine research and excavations in cultural heritage monuments, historic sites and sites with archaeological finds, as well as the illicit collection and relocation of movable finds or their search using detectors shall be prohibited.
(7) Any person carrying out research on the basis of the agreement referred to in paragraph 1 shall take measures to prevent damage, devaluation, destruction or theft of the find. Research may not be carried out if the protection of the finds or a remedy for the adverse effects of the research cannot be ensured after completing the research.
(8) The professional knowledge gained through research shall be processed in research and preparatory documentation, which is the basis for the preparation of the project documentation for renovation of the cultural heritage monument or the basis for the preparation of the territorial projection of the protection of a historic site. Details on research and preparatory documentation shall be specified in a generally binding regulation issued by the Ministry.
(9) The owner or person carrying out the research for research or documentation purposes shall submit one free-of-charge copy of the research documentation to the Regional Monuments Board within 60 days of the end of research, in reasonable cases not later than within a time period determined by the Regional Monuments Board. In the case of archaeological research, the Regional Monuments Board shall provide the data necessary for keeping the records referred to in Art. 41 par. 1 to the Archaeological Institute, in reasonable cases also a copy of the research documentation.
Finds
(1) For the purpose of this Act, the term ”find” shall mean an object of cultural heritage value found during research works or building works or other activities in the earth, on the ground, under the water, or in the construction material of a historic building.
(2) If the object of cultural heritage value is found outside the approved research works, the finder must notify it directly or through the municipality concerned to the Regional Monuments Board. The finder or person responsible for carrying out the works during which the find was discovered shall notify it not later than the second working day following its discovery.
(3) The find must remain unchanged until inspection by the Regional Monuments Board or by a professionally qualified person authorised by the Regional Monuments Board, however, at least three working days after the date of the notification of the find. Until inspection by the Regional Monuments Board, the finder shall take all necessary measures in order to preserve the find and, in particular, to ensure it against damage, devaluation, destruction or theft. Only an authorised person using methods of archaeological research can collect and relocate an archaeological find from its original place of finding and its settings.
(4) Special regulations37) shall apply in respect of finds discovered during construction work.
(5) Archaeological finds are in the ownership of the Slovak Republic.
(6) Movable finds shall be protected in accordance with special regulations.15) Immovable finds, their groups and archaeological sites can be declared cultural heritage monuments, historic reserves or historic zones on the basis of their cultural heritage values.
(7) In cases other than research carried out according to Articles 35 to 35 and non-permitted activities, the finder shall be entitled to a refund of expenses incurred relating to the notification and protection of the find referred to in paragraphs 2 or 3.
(8) The Monuments Board shall provide a reward to the finder which shall be equal to the value of material in cases where the find is made of precious metals or other valuable materials; in other cases the reward shall be equal to 20% of the value of the find. The value of the material and the value of the find shall be determined on the basis of an expert report.23)
37) Art. 127 of Act No. 50/1976 Coll. as amended by Act No. 229/1997 Coll. of Laws.
Records On and the Use of Archaeological Sites
Offences
Other Administrative Delinquencies
b) up to SKK 200,000 in cases referred to in Art. 42 par. 1 points f) to i);
c) up to SKK 500,000 in cases referred to in Art. 42 par. 1 points j) to m).
38) Act of the Slovak National Council No. 372/1990 Coll. on offences as amended by subsequent regulations.
COMMON, TRANSITIONAL AND FINAL PROVISIONS Article 44
Common Provisions
(1) The owner’s duties stipulated in this Act shall also apply to an administrator or other holder of a cultural heritage monument. The owner shall cover the costs relating to basic protection in cases arising from a legal relationship.
Transitional Provisions
(1) Cultural heritage monuments and historic sites included in the Central Register of Cultural Heritage Monuments of the Slovak Republic according to the previous legal regulations shall be considered cultural heritage monuments included according to this Act.
39) Art. 5 of Act of the National Council of the Slovak Republic No. 115/1998 Coll. of Laws.
Act Of the Slovak National Council No. 149/1975 Coll.
Act No. 183/2000 Coll. of Laws on libraries and on amendments to Act of the Slovak National Council No. 27/1987 Coll. on the state care of monuments and historic sites and on amendments toAct No. 68/1997 Coll. of Laws on Matica slovenská as amended by subsequent regulations.
40) Act No. 71/1967 Coll.
41) Act of the National Council of the Slovak Republic No. 278/1993 Coll. of Laws on the administration of the State property as amended by subsequent regulations.
Final Provisions
3. Regulation of the Government of the Slovak Republic No. 478/1990 Coll. declaring national cultural heritage monuments;
4. Regulation of the Government of the Slovak Republic No. 299/1991 Coll. repealing the declaration of certain national cultural heritage monuments;
5. Regulation of the Government of the Slovak Republic No. 289/1994 Coll. of Laws declaring the National Cultural Heritage Monument in Ružomberok;
6. Regulation of the Government of the Slovak Republic No. 288/1994 Coll. of Laws declaring national cultural heritage monuments;
7. Decree of the Presidium of the Slovak National Council No. 78/1963 Coll. on historic reserves;
8. Decree of the Ministry of Culture of the Slovak Socialist Republic No. 21/1988 Coll. implementing certain provisions of Act of the Slovak National Council No. 27/1987 Coll.;
9. Decree of the Commissariat of Education and Culture No. 249/1959 Official Journal on national cultural heritage monuments.
Translation: RNDr. Anna SZULÉNYIOVÁ, English – Slovak Translator
Proofreading: David TYLOR, English editor
Terminology adviser: Conrad TOFT, English editor
Bratislava, March 2002
ART SEVEN
Article 14