Decree No. 538 / 2002 Coll.

Decree amending Decree No. 66 / 1988 Coll., implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care, as amended by Decree No. 139 / 1999 Coll.

Valid Order Effective from 01.01.2003
538
DECLARATION
of 10 December 2002
amending Decree No. 66 / 1988 Coll., implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care, as amended by Decree No. 139 / 1999 Coll.
The Ministry of Culture, in agreement with the Ministry of Local Development and the Ministry of Finance, provides for the implementation of § 3 (6), § 6 (2), § 7 (6), § 10 (3), § 14 (10), § 16 (3), § 17 (5), § 20 (4), § 23 (4), § 27 (5) and § 31 (6) of Act No. 20 / 1987 Coll., on State Monumental Care, as amended by Act No. 132 / 2000 Coll. and Act No. 320 / 2002 Coll. (hereinafter "the Act '):
Čl. I
Decree No. 66 / 1988 Coll., implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care, as amended by Decree No. 139 / 1999 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "the Czech Socialist Republic (hereinafter referred to as the Ministry of Culture) 'are deleted.
2. footnote 1 shall be deleted;
3. Paragraph 1 (4) reads as follows:
"(4) Where the owner of a case proposed to declare a cultural monument requests the Ministry of Culture, from which he has received a written invitation pursuant to Article 3 (5) of the Act, that the information referred to in paragraph 3 be supplemented with the assistance of the professional organisation of State Heritage Care (hereinafter referred to as" the professional organisation '), the Ministry of Culture, not including the location of the case, the manner in which it is used and the relations enabling the owner to handle the case, shall comply with the request of the owner.'
4. footnote 2 shall read:
"2) Sections 3, 20 to 22 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 425 / 1990 Coll., Act No. 262 / 1992 Coll., Act No. 83 / 1998 Coll. and Act No. 132 / 2000 Coll. Decree No. 135 / 2001 Coll., on Territorial Planning Documentation and Territorial Planning Documentation. '.
5. In Paragraph 2 (2), the words "Regional National Committee 'are replaced by the words" Ministry of Culture'.
6. Paragraph 2 (3) reads as follows:
"(3) The Ministry of Culture shall announce the declaration of the territory as a monument zone to the professional organisation to be designated in the Central List of Cultural Monuments of the Czech Republic (" the Central List "). '.
7. In Article 3 (3), "central 'is replaced by" professional'.
(8) Paragraph 4, including footnote 4, is deleted.
9. Sections 5 and 6, including footnotes 5 and 5a, read:
„§ 5
The central list and lists of cultural monuments of the administrative districts of the regional and municipal authorities of the municipalities with extended scope are publicly available when it comes to data on real cultural monuments. In the case of data on movable cultural monuments, the owner of the movable cultural monument, persons in the exercise of the administration may be consulted in the Central List and the lists of cultural monuments of the administrative districts of the regional and municipal municipalities with extended scope, where such data are needed for the performance of their tasks, by persons for study purposes on the basis of written confirmation of the relevant educational establishment or the relevant cultural institution and by persons for scientific research purposes on the basis of written confirmation of the sponsor of the research task; other persons may do so only with the written consent of the owner.
§ 6
(1) The expert organisation shall notify the competent cadastral office of any entries in the Central List relating to the real estate records for designation in the property register. The notification shall be accompanied by a copy of the land map with a drawing of the boundaries of the conservation property and its protection zones and a list of all the parcels concerned by municipalities, cadastral territories and parquet numbers according to the register in the property register, including the method of protection of those properties. 5)
(2) The expert organisation shall send the competent authorities of the zoning plan (5a) a copy of the land map with an outline of the course of the border of the conservation property.
5) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll., Act No. 103 / 2000 Coll., Act No. 120 / 2000 Coll. and Act No. 220 / 2000 Coll. Decree No. 190 / 1996 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended by Act No. 210 / 1993 Coll. and Act No. 90 / 1996 Coll., and Act No. 344 / 1992 Coll., on the Land Register of the Czech Republic (cadastral Act), as amended by Act No. 89 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll., Decree No. 113 / 2000 Coll. and Decree No. 163 / 2001 Coll.
5a) § 12 (a) and (b) of Act No. 50 / 1976 Coll., as amended by Act No. 425 / 1990 Coll., Act No. 83 / 1998 Coll., Act No. 132 / 2000 Coll. and Act No. 320 / 2002 Coll. '.
(10) Paragraph 8 (2) (c), including footnote 6, reads:
"(c) the protection of movable cultural monuments for the duration of the state of danger, emergency, state of danger and war. 6)
6) Act No. 222 / 1999 Coll., on securing the defence of the Czech Republic, as amended by Act No. 320 / 2002 Coll. Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended by Act No. 320 / 2002 Coll. Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended by Act No. 320 / 2002 Coll. '
11. in Paragraph 9 (4), in the introductory part of the text, the words "National Committee" shall be replaced by the words "State Monument Care Body" and the words "Cultural Monuments" shall be replaced by the words "Subject of protection."
12. footnotes 7, 8 and 9 shall be deleted;
13. in the first and second sentences of Paragraph 9 (5), the words "National Committee" shall be replaced by the words "State Heritage Authority."
14. In the second sentence of Article 10 (2), the words "the competent professional organisation of state conservation" are replaced by the words "the professional organisation."
15. in Paragraph 10 (3), in the introductory part of the text, the words "and 2" shall be deleted and the words "National Committee" shall be replaced by the words "State Heritage Authority."
16. in Article 10 (3) (c):
"(c) a final restoration report to be transmitted to the expert organisation."
17. in Article 10, paragraphs 5, including footnotes 11) and 12) shall be deleted;
18. in Paragraph 11 (1) (b), the words "if it has been issued by a State Monument Care Body other than that to which an application for contribution is submitted," shall be deleted;
19. in Paragraph 12 (1), the words "district office" are replaced by the words "municipality or county";
20. in Article 12 (1) (d), the words "the district office" shall be replaced by the words "the regional office or the municipal office of the municipality with extended competence."
21. in Article 13 (1), the words "regional or central organisation of state conservation" shall be replaced by the words "professional organisation."
22. footnote 16 shall read:
"16) For example, Act No. 218 / 2000 Coll., on the Budget Rules and on the Amendment of Certain Related Laws (Budget Rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 187 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 202 / 2002 Coll. and Act No. 320 / 2002 Coll., Act No. 250 / 2000 Coll., on the Budgetary Rules of Territorial Budgets, as amended by Act No. 450 / 2001 Coll., Act No. 320 / 2001 Coll. '.
23. In the first sentence of Article 14 (3), the words "the District Office or the Ministry of Culture 'are replaced by the words" the Municipality and the Region'.
24. In Paragraph 14 (3), the sentence "Under the same conditions, a contribution or part thereof of the Ministry of Culture shall be paid to the owner of the cultural monument."
25. In the last sentence of Paragraph 14 (3), the words "the institution 'are replaced by the words" the one'.
26. In Paragraph 14 (4), the words "the authority which 'are replaced by the words" the person who';
27. in Article 15 (1), the words "the institution which" are replaced by the words "to whom."
28. In Article 17 (1), the words ", a copy of the land map with a sketch of the border of the protection zone 'shall be inserted after the words" the border of the protection zone'.
29. in Paragraph 17 (2):
"(2) The definition of the protection zone shall be notified by the municipal authority with extended competence to the professional organisation, to the competent authorities of the zoning plan (5a) and to the competent building office."
(30) footnote 20 shall be deleted;
31. in Paragraph 18 (4), "central" is replaced by "professional."
32. in Paragraph 19 (1), the words "the District National Committee" shall be replaced by the words "the Regional Office."
33. in Paragraph 19 (3):
"(3) In the case of a finding of precious metals, the County Office will request an exam at the Punk Office. In the case of findings from other valuable materials (e.g. amber, precious stones), it will require an award from an expert in the relevant field. In other cases, the Regional Office will require the determination of the cultural historical value of an archaeological finding (e.g. undamaged vessels, a set of containers, coins, etc.) by the Archaeological Institute of the Academy of Sciences of the Czech Republic or by the National Museum."
34. In Paragraph 20 (3), the word "Supervision 'is replaced by the words" Supervision', the words "National Committees' are replaced by the words" State Heritage Services' and the words "Cultural Policy 'are replaced by" Cultural'.
35. in Paragraph 20 (4), the words "culturally political" are replaced by the words "professionally methodological."
36. In Paragraph 20 (5), the word "Supervision 'is replaced by the words" Inspection Supervision' and the words "Organisation of State Monument Care is provided to national committees of all grades' are replaced by the words" Professional Organisation provides State Monument Care, Counties and Municipality '.
37. In Section 21, the word "district 'is deleted.
38. In Section 21, in the introductory part of the text, the words "County Conservator 'are replaced by the words" Conservator of State Monument Care ("Conservator') '.
39. in Paragraph 21 (c), the words "the district national committee" shall be replaced by the words "the municipal authority of the municipality with extended competence."
40. in Paragraph 21 (d), the words "district national committee" shall be replaced by the words "municipal authority of the municipality with extended competence" and the words "district" shall be deleted;
41. in Article 21 (e), the word "district" shall be deleted;
42. in Article 21 (f), the words "national committee" shall be replaced by the words "municipal authority of the municipality with extended competence" and the words "report to the district national committee" shall be replaced by the words "report to it."
43. In Paragraph 21 (g), the word "rapporteurs" is replaced by the words "rapporteurs of state conservation (hereinafter referred to as" rapporteurs ")."
44. in Paragraph 21 (h), the words "district national committee" shall be replaced by the words "municipal authority of the municipality with extended competence."
45. in Article 22 (a), the word "district" shall be deleted and the words "district national committee" shall be replaced by "municipal authority of the municipality with extended competence."
46. in Paragraph 22 (b), the word "district" shall be deleted;
47. in Paragraph 23 (1), the words "Regional National Committee" shall be replaced by the words "Regional Office of the Municipality with extended scope" and the words "District Committee" shall be deleted;
48. In Article 23 (2), the word "district 'is deleted and the words" district national committee' are replaced by the words "municipality with extended scope '.
(49) footnote 21 shall be deleted;
Čl. II
This Decree shall take effect on 1 January 2003.
Minister:
Retired v. r.

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Regulation Information

CitationDecree No. 538 / 2002 Coll., amending Decree No. 66 / 1988 Coll., implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care, as amended by Decree No. 139 / 1999 Coll.
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation31.12.2002
Effective from01.01.2003
Effective until-
Status Valid
The regulation text is for informational purposes only.
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