Act No. 307 / 2008 Coll.
Act amending Act No. 20 / 1987 Coll., on State Memorial Care, as amended
Valid
Law
Effective from 21.08.2008
Text versions:
21.08.2008
307
THE LAW
of 17 July 2008
amending Act No. 20 / 1987 Coll., on State Memorial Care, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 203 / 2006 Coll., Act No. 158 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll., amended as follows:
1. In Article 3, at the end of paragraph 4, the sentence "If the case is subject to registration in the cadastral, the Ministry of Culture shall also inform the relevant cadastral office of the declaration of the case as a cultural monument to make an entry in the cadastral."
2. The following Section 6a is inserted after Section 6:
Monument Reservations and Monument Zones Protection Plans
(1) The Regional Authority may, after consultation with the Ministry of Culture, the zoning authority (1) and the competent municipality as the authorities concerned, issue measures of a general nature on the protection of conservation or conservation zones or parts thereof (hereinafter referred to as the "conservation plan"), setting out the means of securing cultural values of conservation and conservation zones from the point of view of state conservation, and in which it is possible to determine for which property, if not a cultural monument, but which are in the conservation or conservation zone, or for which types of work on them, including planting and felling of timber in public spaces (hereinafter referred to as "timber modification"), the obligation of the owner (administrator, users) is excluded from the requirement of a prior binding opinion pursuant to Article 14 (2).
(2) The protection plan may be issued for a maximum period of 10 years. If, after a protection plan has been issued, it becomes effective for a landmark reservation, a landmark zone or part of a regulatory plan (1), those conditions of the protection plan which are contrary to the regulatory plan shall cease to apply.
(3) The protection plan may be amended if the cultural values of the territory concerned have changed or the way in which they are secured in terms of national conservation. Paragraph 1 shall apply mutatis mutandis to the issue of an amendment to the protection plan.
(4) The professional organisation of the State Monument Care provides the Regional Office with free technical documentation, data and information that serves as the basis for the issue of the protection plan.
(5) Following the entry into force of the protection plan, the Regional Authority shall, without undue delay, assess whether the reasons for the submission of a proposal under Paragraph 17 (5) are given.
(6) The requirements and content of the protection plan are laid down by the Ministry of Culture by implementing legislation. "
3. Paragraph 7 (4), including footnote 2, is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
4. In Article 10 (1), the words "the Delegated Authority 'are replaced by the words" the Regional Authority'.
5. In Article 12 (1), the words "if it is a national cultural monument to the Regional Office," shall be inserted after the words "the scope."
6. In Article 12, the words "if it is a national cultural monument to the Regional Office 'shall be added at the end of the text of paragraph 2.
7. In Article 14 (2), the words "excluded (§ 17) 'are replaced by" excluded (§ 6a, 17)'.
8. In Paragraph 14 (6), "10 'is replaced by" 30'.
9. In Paragraph 14c (2) at the end of the second sentence, the word "applicant 'is replaced by the word" tenderer'.
10. In the first sentence of Paragraph 15 (1), the words "Ministry of Culture 'are replaced by the words" Regional Office' and the second sentence is deleted.
11. in Article 15 (2), the words "National Committee" shall be replaced by the words "Regional Office";
12. In Article 17, at the end of paragraph 3, the sentence "Obligation to request a binding opinion pursuant to Article 14 (2) shall be added, if the construction, change of construction, maintenance, location or removal of equipment is not a cultural monument, the execution of which does not interfere in any way with the external appearance of the property in this protection zone."
13. in Paragraph 18 (1), the words "Ministry of Culture" shall be replaced by the words "Regional Office of the State Monument Care Organisation";
14. in Paragraph 18 (3), the word "Authority" shall be replaced by "Regional Office";
15. In Paragraph 20 (1), the words "and if it is a national cultural monument, only with the prior approval of the Government of the Czech Republic" shall be deleted.
16. in Article 21b (2), at the end of the second sentence, the word "applicant" shall be replaced by "tenderer."
17. in Article 23, paragraph 5 is deleted;
Paragraph 6 shall become paragraph 5.
18. in Article 26 (2), the following point (d) is inserted after point (c):
"(d) is the body concerned to discuss a draft measure of a general nature pursuant to Article 6a;"
Points (d) to (j) shall be renumbered as points (e) to (k).
19. in § 27a (1) (a), the words "or the prior consent of the Government of the Czech Republic (§ 20 (1)) and whether a cultural monument or national" shall be replaced by "(§ 20 (1)) and whether."
20. In Paragraph 35 (1) of the Introductory Part of the provision, the amount "100 000 CZK 'is replaced by" 2 000 000 CZK'.
21. in Paragraph 35 (1) (f), the words "Ministry of Culture" shall be replaced by the words "Regional Office."
22. In Paragraph 35 (2) of the Introductory Part of the provision, the amount "500 000 CZK 'is replaced by" 4 000 000 CZK'.
23. in Article 35 (2) (b), the words "the Delegated Authority" shall be replaced by "the Regional Authority."
24. in Paragraph 35 (2) (d), the words "Ministry of Culture" shall be replaced by the words "Regional Office" and the words "without the prior consent of the Regional Office" shall be deleted;
25. In Paragraph 35 (2) (e), the words "borrow abroad or attempt to export or export a national cultural monument without the prior consent of the Government of the Czech Republic" shall be deleted.
26. In Paragraph 39 (1) of the Introductory Part of the provision, the amount "10 000 CZK 'is replaced by" 2 000 000 CZK'.
27. in § 39 (2) of the introductory part of the provision, the amount "50 000 CZK" is replaced by "4 000 000 CZK."
28. in Paragraph 39 (2) (b), the words "the Delegated Authority" shall be replaced by the words "the Regional Authority."
29. in Paragraph 39 (2) (c):
"(c) move a cultural monument or national cultural monument, or permanently move a movable cultural monument from a publicly accessible place without the prior consent of the Regional Office;"
30. in Paragraph 39 (2), point (d) is deleted;
Points (e) to (h) shall be renumbered as points (d) to (g).
31. In Paragraph 39 (2) (d), the words "borrow abroad or attempt to export or export a national cultural monument without the prior consent of the Government of the Czech Republic" shall be deleted.
32. In Paragraph 44a, the present text becomes paragraph 3 and the following paragraphs 1 and 2 are inserted:
"(1) In administrative proceedings under this Act, the instrument proving the ownership of the case may be replaced by an affidavit, if not the case which is the subject of registration in the property register.
(2) In administrative proceedings conducted under this Act concerning a movable cultural monument, which is an accessory to a real cultural monument, the local jurisdiction of the State Heritage Authority is determined by the place where the real cultural monument is located. "
33.In Article 45 (1), the words ", Article 6a (6)" shall be inserted after the words "Paragraph 3 (6)" and the words "Paragraph 7 (6)" shall be replaced by "Paragraph 7 (5)."
Transitional provision
Proceedings which were not definitively terminated before the date of entry into force of this Act shall be completed in accordance with the existing legislation. If the decision has been annulled and returned to the administrative authority before the date of entry into force of this law, it shall be governed by existing legislation.
Efficacy
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
v. Chunek v. r.
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Regulation Information
| Citation | Act No. 307 / 2008 Coll., amending Act No. 20 / 1987 Coll., on State Monument Care, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.2008 |
|---|---|
| Effective from | 21.08.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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