ACT
of the Czech National Council
No. 20
Of March 30, 1987,
CONCERNING STATE
CARE OF MONUMENTS

English Translation: Dr. Ivo Dvo_ák



The Czech National Council has passed the following Act:
PART ONE
FUNDAMENTAL PROVISIONS

Section 1
Purpose of the Act

  1. The State shall protect cultural monuments as an integral part of the cultural heritage of the people, as an important component of human environment, and as the irreplaceable treasure of the state. The purpose of the present Act is to create all-round conditions for the continued deepening of the political-organizational, cultural and educational role of the state in taking care of cultural monuments, their preservation, and their appropriate utilization, so that they may play a role in the development of culture, the arts, science and education in the formation of traditions and patriotism and in the aesthetic education of the people, and thereby contribute to the further advance of society.
  2. The care of the State for cultural monuments (hereinafter referred to only as "state care of monuments") shall include acts, measures and decisions whereby the agencies and organizations of the state care of monuments (Section 25 to 33), acting in accordance with the needs of society, make provisions for the preservation, protection and appropriate social use of cultural monuments. Other agencies of state administration and other organizations shall cooperate within the sphere of their competence with the agencies and organizations of state care of monuments and shall assist them in the realization of their tasks.

Section 2
Cultural monuments

  1. The Ministry of Culture of the Czech Republic (hereinafter referred to only as "the Ministry of Culture") shall designate as cultural monuments under the present Act immovable and movable objects, and/or their sets, which
    (a) are important documents of the historical development, way of life and environment of society from the oldest time to the present as manifestations of human creative ability and work in different areas of human activity, because of their revolutionary, historical, artistic, scientific and technical value,
    (b) directly relate to important personalities and historical events.
  2. Sets of objects under paragraph 1 shall be designated as cultural monuments even if some of these objects are not cultural monuments in themselves.

Section 3
Designation of objects as cultural monuments

  1. Before designating an object as a cultural monument, the Ministry of Culture shall request the opinion of the respective regional and district national committees, unless it has already received such opinion from them. The Ministry of Culture shall designate archaeological finds (Section 23) as cultural monuments on the proposal of the Czechoslovak Academy of Sciences.
  2. The Ministry of Culture shall notify the owner of the object in writing that a proposal has been made to designate the object a cultural memorial or that it intends to designate the object a cultural monument on its own initiative, and shall enable the owner to express himself on such a proposal or initiative.
  3. The owner of the object shall be duty bound to protect the object against damage, destruction or loss after he has received the notification specified in paragraph 2 and until the Ministry of Culture has made its decision, and to report to the ministry of Culture any intended or realized change in the possession, administration or use of the object.
  4. The Ministry of Culture shall notify in writing the owner of the object, the competent regional national committee, and the central agency of state care of monuments (Section 32) that the object was designated a cultural monument, and in the case of archaeological finds shall also notify the Czechoslovak Academy of Sciences. It shall notify the aforesaid persons and institutions also if it has found no reasons for designating an object as a cultural monument.
  5. Owners of objects which due to their exceptional artistic or historical value could be designated as cultural monuments in keeping with public interest shall provide the Ministry of Culture or the respective regional national committee, if so requested in writing, with the requested information on these objects and on any intended changes to be carried out on then, and shall permit these agencies or organizations of state care of monuments authorized by them to inspect the objects and, if necessary, prepare scientific documentation of them.
  6. Detailed provisions governing the designation of objects as cultural monuments and the manner of the duty of notification and reporting under paragraph 5 shall be set in a generally binding legal regulation.

Section 4
National cultural monuments

  1. Cultural monuments which constitute the most important part of the nation’s cultural wealth shall be designated as national cultural monuments in a decree issued by the Government of the Czech Republic, which shall also determine the conditions of their protection.
  2. The Government of the Czech Republic shall set by decree the general conditions for securing state care of national cultural monuments.

Section 5
Monument reservations

  1. An area the character and environment of which are determined by a complex of immovable cultural monuments and/or archaeological finds may be designated by the Government of the Czech Republic in the form of a decree in its entity as a monument reservation, and conditions may also apply to the necessary extent to imovables located on the territory of the monument reservation, which are not cultural monuments.
  2. The Government of the Czech Republic shall set by decree the general conditions for securing state care of monument reservations.

Section 6
Monuments zones

  1. The area of a settlement or of its part, which contains a lesser share of cultural monuments, a historical environment or a part of a landscape entity, which have important cultural values, may be designated by the respective regional committee, acting after previous consultation with the Ministry for Culture, as a monument zone; the regional national committee may also set the conditions for its protection.
  2. Detailed provisions governing the procedure of proclaiming monument zones shall be set in a generally binding legal regulation.

Section 7
Keeping records of cultural monuments

  1. Cultural monuments shall be registered in a Central List of cultural Monuments of the Czech Republic (hereinafter referred to only as "Central List"). The central List shall be kept by the Central Agency of State care of Monuments.
  2. Regional and district national committees shall keep lists of cultural monuments in their territories. They shall make entries in such lists according to extracts from the Central List.
  3. The Central Agency of State Care of Monuments shall notify the owner of the respective culture monument, the regional national committee and the district national committees concerned that the cultural monument was entered in the Central List or that an object is no longer to be considered as a cultural monument (Section 8). In the case of an immovable cultural monument, it shall also notify the competent building agency .1 In addition, in the case of an Archaeological Institute of the Czechoslovak Academy of Sciences.
  4. The Central Agency of State Care of Monuments shall report to the respective geodesy and cartography agency every designation of an immovable as a cultural monument as well as every abolishment of such designation, provided that such immovable is subject to registration of immovable propery.2
  5. The owner of a cultural monument shall report to the central Agency of State Care of Monuments any change in ownership (administration, use) of the cultural monument or its transfer. The owner of the cultural monument must so report not later than within thirty days of such change.
  6. Detailed provisions governing the keeping of records of cultural monuments shall be set in a generally binding legal regulation.


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1 Sections 117, 120 and 121 of the Act No. 50/1976, Concerning Zoning and the Buildings Rules (the Building Act).
2 Act No. 22/1964, Concerning Registration of Immovable Property, as amended by the Act of the Czech National Council No. 157/1983, Notice No. 23/1964, implementing the Act No. 22/1964, Concerning Registration of Immovable Property, as amended by Notice No. 133/1965 and Notice No. 19/1984.
Act No. 46/1971, Concerning Geodesy and Cartography.
Act of the Czech National Council No. 36/1973, Concerning Geodesy and Cartography Agencies.

Section 8
Abolishing the designation of an object as cultural monument

  1. Unless a national cultural monument is involved, the Ministry of Culture may for exceptionally serious reasons abolish the designation of an object ass a cultural monument on the petition of the owner of such cultural monument or an organization which proves a legal interest in the abolishment of the designation of the respective object as a cultural monument (hereinafter referred to only as "abolishment of the designation"), or on its own initiative.
  2. Prior to he abolishment of the designation, the Ministry of Culture shall request the opinion of the regional and district national committees concerned and, if an archaeological find designated as a cultural monument is not the petitioner for abolishment of the designation, it shall be made possible for him to participate in the examination of the object and to express himself on the abolishment of the designation.
  3. The Ministry of Culture may tie the abolishment of the designation to the prior fulfillment of conditions it has specified. The costs of fulfillment of such conditions shall be borne by the petitioner and in cases where the proceedings on abolishing the designation are initiated by the Ministry of Culture itself, the costs shall be borne by the person or institution in whose interest the abolishment of the designation was made.
  4. The provisions of Section 3, par. 4, shall apply mutatis mutandis to the abolishment of the designation.
  5. Detailed provisions governing the abolishment of the designation of an object as an cultural monument shall be set by a generally binding legal regulation.

PART TWO

CARE FOR CULTURAL MONUMENTS
Protection and use of cultural monuments

Section 9

  1. The owner of a cultural monument shall attend at his own cost t its preservation, maintain it in good condition, and protect it against danger, damage, disfigurement or theft. He shall use the cultural monument only in a manner corresponding to its cultural and political importance, historical value and technical condition. If the cultural monument is in state ownership, the organization administering, using or owning it, and the superior agency, shall create all the necessary conditions for the realization of the aforesaid obligations.
  2. The obligation to attend to the preservation of a cultural monument to maintain the cultural monument in good condition, and to protect it against danger, damage, disfigurement or theft shall also apply to whoever uses or possesses the cultural monument; however, he shall be obliged to bear the cost of such care for the cultural monument only if such obligation ensues from the legal relationship between him and the owner of such monument.
  3. Organizations and individuals, even if they are not the owners of cultural monuments, shall act in such a manner as not to cause negative changes in the condition of cultural monuments or their environment and not endanger the preservation and appropriate social use of cultural monuments.
  4. The owner of a cultural monument who transfers it to another person or organization for temporary use or who submits it for purposes of reconstruction (Section 14) or for another purpose shall inform the person to whom the object is transferred or submitted or let, that the object is a cultural monument.

Section 10

  1. If the owner of a cultural monument does not fulfill the obligations listed in Section 9, the district national committee shall issue after it has received the opinion of the regional organization of state care of monuments (Section 33) a decision specifying the measures the owner of the cultural monument must take, and at the same time shall se the term within which the owner of the cultural monument must carry out such measures. In the case of a national cultural such decision shall be issued by the regional national committee after it has received the opinion of the central agency of state care of monuments in keeping with the conditions set by the Government of the Czech Republic for ensuring protection of national cultural monuments.
  2. The decision on the measures which the owner of a cultural monument must take shall be issued by the respective district national committee, and in the case of national cultural monuments by the respective regional national committee, also at the request of the owner of the monument.
  3. Detailed provisions governing the duties of owners of cultural monuments regarding the protection and use of such monuments shall be set by a generally binding legal regulation.

Section 11
Duties of state administration agencies, organizations and individuals

  1. State administration agencies which are competent to issue decision on the manner of use of buildings which are cultural monuments, or to allocate flats. Other dwelling rooms and non-dwelling rooms located in such buildings, shall issue their decisions after prior agreement with competent agency of state care of monuments. When deciding on the manner of and changes in use of cultural monuments, they shall make provisions for the appropriate utilization of such monuments, corresponding to their value and technical condition.
  2. If an organization or individual cause or could cause by their activity negative changes in the condition of a cultural monument or its environment, or endanger the preservation or social utilization of the cultural monument, the district national committee, and in the case of national cultural monuments the regional national committee, shall set the conditions for the continued performance of such activity, or shall prohibit the activity.
  3. State administration agencies shall issue their decisions in accordance with special regulations which may affect the interests of state care of monuments in the preservation of cultural monuments of their appropriate utilization only in agreement with the competent district national committee and in the case of national cultural monuments only in agreement with the competent regional national committee.

Section 12
Notification duty of owners of cultural monuments

  1. The owner of a cultural monument shall report without unnecessary delay every danger threatening the cultural monument or its damage to the respective district national committee and request its decision on how to eliminate the defect. In the case of an immovable cultural monument which is a building, the owner shall also notify the competent building agency.3
  2. The owner of a cultural monument shall notify the respective district national committee in advance of any intended change in its use, and in the case of an immovable cultural monument also the intention to vacate it.

Section 13
Option of the State to buy cultural monuments

  1. If the owner of a cultural monument intends to sell it (transfer the ownership title thereto for pay), he shall offer it in advance and in writing for sale (acquisition into state ownership against payment) to the district national committee competent according to the residence of the owner (the seat of the organization owning the cultural monument involved); in the case if an immovable cultural monument offer shall be addressed to the district national committee competent according to the place where the monument is located.
  2. On the basis of the offer made by the owner of the cultural monument, the district national committee may assert for exceptionally important reasons of cultural policy the option of the State for a preferential purchase (acquisition into state ownership against payment) of the cultural monument either directly or through the competent state organizations4 for a price set according to the existing price regulations,5 and if such price cannot be fixed in this manner, for a price corresponding to the character of the object. In doing so, the district national committee shall ask from the owner of the cultural monument a document or as the case may be, a statement concerning the ownership of a movable cultural monument.
  3. The district national committee which received an offer shall notify the owner of the cultural monument within three months in the case of movable cultural monuments and six months in the case of immovable cultural monuments, counted as of the day of delivery of the offer, that it accepts the offer of sale (acquisition into state ownership against payment) of the cultural monument, or else the right of the State to Priority purchase of the cultural monument from its owner who made the offer shall cease.
  4. If the owner of a cultural monument fails to fulfil his duty specified in paragraph 1, the legal act whereby he transferred the ownership title to the cultural monument to another person shall be null and void, provided that such nullity is claimed by the district national committee competent to assert the right of the State to the priority purchase of the cultural monument. The district national committee may assert this right within three years of the day the aforesaid legal act was made.
  5. The provision of paragraph 1 shall not affect the regulations governing fee transfer of property into state ownership.6

Section 14
Restoration of cultural monuments

  1. If the owner of a cultural monument intends to carry out maintenance, repair, .reconstruction, restoration or other modification of the mo-nument or of its environment (hereinafter referred to only as "restoration"), he shall request in advance the binding opinion of the competent .district national committee and in the case of a national cultural monu-ment the binding opinion of the competent regional national committee.
  2. The owner (manager, user) of immovable property which is not a cultural monument but is located in a monument reservation, a monu-ment zone or a protective zone of an immovable national cultural monu-ment, monument reservation or monument zone (Section 17) shall obtain in advance the binding opinion of the competent district national com-mittee on any intended construction work, reconstruction or maintenance work on such property.
  3. The binding opinion specified in paragraphs 1 and 2 shall state whether the work listed therein is admissible from the viewpoint of state care of monuments, and shall define the basic conditions under which such work may be prepared and carried out. Such basic condi-tions must proceed from the existing knowledge of the cultural and historical values which must be preserved when. the intended objective is being realized.
  4. In zoning proceedings 7 and in licensing construction, changes of structures and maintenance work, 8 carried out in connection with the landscaping of territory in which state care of monuments asserts its interest, 9 or in connection with the restoration of an immovable cultural monument, or with construction, structural changes or maintenance of immovable property under paragraph 2, the zoning agency or the build-ing agency, shall make its decisions in accordance with the binding opinion of the competent district national committee or, in the case of immovable national cultural monuments, with the binding opinion of the competent regional national committee.
  5. If the intended reconstruction of an immovable cultural monu-ment under paragraph 1 or, as the case may be, minor construction, structural modification or maintenance work on an immovable object under paragraph 2 can be carried out on the basis of notification, the building agency may license such work only in accordance with the binding opinion issued by the competent district national committee or, in the case of an immovable national cultural monument, by the com-petent regional national committee. 10
  6. The district national committee shall issue its binding opinion under paragraphs 1, 2, 4 and 5 after it has received the written opinion of the regional organization of state care of monuments. 1n the case of national cultural monuments, the binding opinion under paragraphs 1, 4 and 5 shall be issued by the regional national committee after it has received the written opinion of the central agency of state care of monuments.
  7. The preparatory and project-design documentation relating to the reconstruction of an immovable cultural monument, or to construction, structural change or maintenance work on an immovable object under paragraph 2, shall be reviewed by the owner of the cultural monument or the project designer 11 in the course of the drafting of such docu-mentation with the competent organization of state care of monuments as regards fulfillment of the conditions that may have been set in the binding opinion issued under paragraphs 1 and 2. In the course of the review, the organizations of state care of monuments shall provide the necessary documents, information and professional assistance. At every completed stage of the documentation work, the competent organization of state care of monuments shall draw up a written opinion as the background for the binding opinion of the respective district national committee and in the case of national cultural monuments as the background for the binding opinion of the respective regional national committee.
  8. Reconstruction of cultural monuments of their parts, which are works of art or artistic handicraft may be carried out only by specialized organizations established for this purpose by the Minister of Culture of the Czech Republic. Other organizations can do so only under a license granted to them by the Ministry of Culture. Such license may be revoked if they do not meet the conditions under which it was granted to them or if they carry out the reconstruction of cultural monuments or their parts in a manner which negatively affects the value of these monuments or their parts.
  9. The owner of the cultural monument shall supply to the central agency of state care of monuments or to the respective regional organi-zation of state care of monuments one copy of the documentation at their request.
  10. Detailed provisions regarding the conditions for drawing up re-construction documentation and for the reconstruction of cultural mo-numents shall be set by a generally binding legal regulation.

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3 Section 100, subpar. (b), of the Building Act.
4 Act No. 54/1959, Concerning Museums and Galleries.
5 Notice No. 122/1984, concerning reimbursement for the expropriation of structures, land, growths, and rights appertaining thereto.
Decree of the Federal Price Control Bureau, the Czech Price Control Bureau and the Slovak Price Control Bureau of November 29, 1985, No, V-1/86, concerning agreed-in prices, published in the Price Bulletin No. 52/1985 of December 11,1985 registered in issue No. 32/1985 of the Collection of Laws. Notice No. 149/1961, concerning the purchase, commissioning and sale of works of art and some other measures in the sphere of fine arts, as amended by Notice No. 39/1966.
Notice No. 128/1984, concerning prices of structures, land, and growths, compensation for the establishment of the right of personal use of land, and compensation for temporary use of land.
6) Sections 4 and 5 of Notice No. 90/1984, concerning administration of national property.
7) Sections 32 to 42 of the Building Act.
8) Sections 54 to 70 of the Building Act.
9) Monument reservation, monument zone, protective zone of an im-movable cultural monument, immovable national cultural monuments, re-servations and monument zones.
10) Section 57 of the Building Act.
11) Section 20, par. 1 (c), Section 24, par. 4, Sections 36 to 39, and Section 43 of Notice No. 5/1987, concerning documentation of structures.

Section 14a
Permit for the restoration of a cultural monument

  1. (1) The restoration of cultural monuments, or parts thereof, classified as works of visual arts or arts-and-crafts products may be carried out by a natural person with a clear criminal record and full competence to perform legal acts, on the basis of a permit (hereinafter referred to as „restoration permit").

  2. For the purposes of this Act, a person without clear criminal record shall mean anyone convicted of a criminal offence under a special law11a) after the entry into force of the decision.

  3. The restoration permit is issued by the Ministry of Culture to a natural person upon the proof of his or her professional competence.

  4. The professional competence may be proved

    a) by the fulfilment of qualification requirements which, for the restoration of cultural monuments, or parts thereof, classified as works of visual arts, consist in having obtained higher education in the field of restoration; as regards cultural monuments, or parts thereof, classified as arts-and-crafts products, the qualification requirements include further vocational education or completed secondary education in the field of restoration, or further vocational education or completed secondary vocational education in the respective field plus additional five years of restoration practice; for those restoration specializations for which no secondary schooling had been established, the qualification requirements include completed training in the respective field11b) plus additional eight years of practice in the restoration of objects not listed as cultural monuments, and

    b) by the demonstration of professional capabilities, i.e. the knowledge and skills which guarantee the preservation of the material substance of cultural monuments, or parts thereof, classified as works of visual arts or arts-and-crafts products while respecting the authenticity of such works and products; the professional capabilities must be proved by the submission of the documents confirming that the natural person applying for the restoration permit has already independently and successfully restored objects not listed as cultural monuments.

  5. The restoration permit is issued on the basis of a written application which must include the description of the required restoration specialization, as contained in Annex I to this Act. The application must be supplemented by

    a) a completed questionnaire whose model copy can be found in Annex II to this Act;
    b) verified copies of documents proving the completion of the necessary vocational education;
    c) documentation on at least three objects not listed as cultural monuments, which have been restored by the applicant; the documentation on at least one case must not be older than two years.

  6. The documentation required under Para. 4, letter b) must contain a comprehensive assessment of the results of respective surveys and research, photographic material documenting the condition of the work before the start of the restoration, in the course of individual restoration phases and after the completion of the restoration, the description of technical and technological procedures used and materials employed, the analysis and evaluation of any potentially new information about the work, as well as instructions concerning the protected status of the work in the future.

  7. In the decision by which the restoration permit is granted, the Ministry of Culture shall determine the restoration specialization in accordance with Annex 1 to this Act as well as lay down further conditions relating to the practice of the profession, including the time period for which the permit will be valid.

  8. The Ministry of Culture shall maintain a list of restoration permit holders (hereinafter referred to only as „holder list") in which it shall enter:

    a) name and forename of the natural person, his or her personal identification number, permanent and temporary residence;
    b) his or her restoration specialization and the time period for which the restoration permit was granted,
    c) changes of the above information,
    d) withdrawal of the restoration permit or the suspension of the rights ensuing from the restoration permit.

    The holders list shall be accessible to any person who can prove a genuine legal interest in the case in question. The protection of personal data contained in the holders list is governed by a special law11c) .

  9. The holder of a restoration permit is obliged to notify the Ministry of Culture without delay of any changes of the data listed in Para.8, letter a) and at the same time he must within 30 days of the change submit to the Ministry documentary evidence thereof.

  10. The Ministry of Culture shall withdraw the restoration permit if the restoration permit holder:
    a) was declared incompetent to perform legal acts or his competence thereto was limited by a court decision,
    b) no longer meets the condition of having a clear criminal record,
    c) in the course of the restoration clearly caused grave damage to a cultural monument, or a part thereof, classified as a work of visual arts or an arts-and-crafts product,
    d) stated false data in his application under Para.5,
    e) applied for the withdrawal of the restoration permit.

  11. The Ministry of Culture may decide to suspend restoration work carried out on the basis of a restoration permit if
    a) criminal proceedings have been initiated against the holder of the permit and he or she may therefore in the future fail to meet the condition of a clear criminal record,
    b) proceedings have been initiated to declare the restoration permit holder incompetent to perform legal acts or to limit his or her competence in this respect.

    The suspension shall last until the entry into force of a judgment by which the proceedings are ended.

  12. The provisions of Para.1 shall not apply to natural persons who carry out restoration work as part of their regular studies in the field of restoration at a higher education establishment or at a vocational school included in the network of schools, institutions of pre-school care and other school institutions11b) if the restoration work is conducted under the supervision of a teacher who is a restoration permit holder.

Section 15

Measures to ensure care of cultural monuments

  1. If the owner of a cultural monument fails to realize the measures specified in Section 10, par. 1, within the set term, the district national committee and, in the case of national cultural monuments, the regional national committee may decide that the measures necessary to secure the cultural monument will be carried out at the cost of its owner. If such measures have not been carried out by the administrator or user of a cultural monument which is national property, the body superior to the organization administering the cultural monument, or the body superior to the organization which has the cultural monument in permanent use, shall provide for the necessary steps to correct the situation on instruc-tions from the competent district national committee and, in the case of a national cultural monument, on instructions from the competent regional national committee.
  2. If an important public interest so requires, in the case of a movable cultural monument the district national committee and in the case of a movable national cultural monument the regional national committee may order its owner to handle the monument in a particular manner and, as the case may be, to order him to entrust it without pay and for the essential period of time for safekeeping to a specialized orga-nization which the national committee shall at the same time specify.
  3. If the owner of an immovable cultural monument which is not national property continuously neglects his duties and thereby endangers the preservation of such a monument, or if he uses the cultural monument in a manner which is contrary to its cultural and political significance, its value as a monument, or its technical condition, such monument may be exceptionally expropriated by the competent Building agency on the proposal of the respective district national committee, provided that such expropriation is in the public interest and no agreement has been reached with the owner on the sale of the monument to the State. If the expropriation involves a national cultural monument, the expropriation proceedings shall be initiated by the building agency on the proposal of the competent regional national committee. Otherwise, the expropria-tion shall be governed by the general regulatlons.12
  4. If a cultural monument is acutely endangered, the respective local national committee shall carry out the necessary measures with the prior consent of the competent district national committee in order to save it. In the case of an immovable cultural monument which is a structure, the local national committee, unless it is itself the competent building agency, shall instruct the building agency concerned to order maintenance work or the essential work to secure the structure under special regutations,13 and shall so notify the district national committee and !n the case of a national cultural monument also the respective regional national com-mittee. If the cultural monument is in state ownership, it shall also notify the body superior to the organization which administers or owns the cultural monument.

Section 16

Financial contribution for the maintenance and reconstruction
of cultural monuments

  1. The district national committee may grant to the owner of a cultural monument at his request in especially warranted cases a financial contri-bution for governing increased costs involved in the maintenance or reconstruction of the cultural monument for the purpose of its more effective public utilization. Such contribution may also be granted if the owner of the cultural monument is unable to cover from his own means the costs of maintaining or reconstruction of the cultural monument.
  2. In cases of exceptional public interest in the preservation of a cultural monument which Is national property and is to be utilized for public cultural needs, the financial contribution for the reconstruc-tion of the cultural monument may be exceptionally granted by the Mi-nistry of Culture in agreement with the Ministry of Finance of the Czech Republic.
  3. Detailed provisions governing the provision of financial contribu-tions for the maintenance and reconstruction of cultural monuments shall be set by a generally binding legal regulation.

Section 17

Protective zones

  1. If the protection of an immovable cultural monument or of its environment so requires, the competent district national committee shall demarcate, after it has received the opinion of the regional organization of state care of monuments, a protective zone. 14 In agreement with the affected agencies of state administration, the district national committee may restrict or prohibit certain activities or take other appropriate mea-sures within the protective zone.
  2. If it is essential to acquire certain land or structures, or to demolish such structures, for the purpose of creating a protective zone and no agreement thereon Is achieved with their owner, the land and structures may be expropriated.15 Essential modifications of a structure, another facility, or land may also be ordered.
  3. If an immovable national cultural monument, monument reservation or monument zone, or their environment, are to be protected, the district national committee shall demarcate in like manner the protective zone on the proposal of the competent regional national committee after the central agency of state care of monuments has issued its opinion.
  4. If the owner or user of land which is not national property suffers material detriment in consequence of measures taken in accordance with the provisions of paragraphs 1, 2 and 3, he shall be entitled to appropriate compensation which shall be provided by the district national committee.
  5. Detailed provisions governing demarcation of a protective zone shall be set by a generally binding legal regulation.

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12) Sections 109 ff. of the Building Act.
13) Sections 86, 87 and 94 of the Building Act.
14 )Sections 32, letter (c), and 33, par. 2, of the Building Act.
Sections 11 of Notice No. 85/1976, governing in detail zoning procedure and the Building Rules.
15) Section 108, par. 2 (e); of the Building Act.

Section 18

Moving a cultural monument

  1. A national cultural monument and an immovable cultural monument, or their parts (appurtenances), may be moved to a different location only with the prior consent of the Ministry of Culture.
  2. A movable cultural monument may be permanently relocated from a publicly accessible place only with the prior consent of the competent district national committee after the respective regional organization of state care of monuments has issued its opinion.
  3. The agency which approved the relocation of a cultural monument under the provisions of paragraphs 1 and 2 shall report this to the central agency of state care of monuments.

Section 19

Use of cultural monuments for scientific research or for exhibition purposes

  1. The owner of a cultural monument shall enable persons so autho-rized by agencies of state care of monuments to carry out scientific res-earch of the cultural monument or its documentation. In the case of important public interest, the owner of a movable cultural monument shall submit it primarily to a specialized organization for temporary use for the purpose of scientific research or for exhibition purposes at the cost of the person or organization which is to use it.
  2. The conditions under which a cultural monument is let for tempo-rary use shall be determined by the competent district national committee after it has received the opinion of the respective regional organization of state care of monuments and in the case of national cultural monuments by the competent regional national committee after it has received the opinion of the central agency of state care of monuments.

Section 20

Cultural monuments in relationship to other countries

  1. A cultural monument may be exhibited, lent to or taken to another country for other purposes only with the prior consent of the Ministry of Culture and in the case of national cultural monuments with the prior consent of the Government of the Czech Republic.
  2. An object which has the features of a cultural monument as spe-cified in Section 2, par. 1, may be permanently taken from another country to the Czech Republic only with the prior consent of the competent agency of the state from which it is to be brought, provided that reciprocity in this respect Is guaranteed. 16
  3. The provisions of paragraphs 1 and 2 shall not affect the regula-tions governing economic relations with other countries.17
  4. Detailed provisions governing approval of export of cultural mo-numents to other countries shall be set by a generally binding legal regulation.

PART THREE

ARCHAEOLOCICAL RESEARCH AND FINDS

Section 21

Authorization to conduct archaeological research

  1. Archaeological research may be carried out by the Archaeological Institute of the Czechoslovak Academy of Sciences (hereinafter referred to only as "Archaeological Institute").
  2. In warranted cases, the Ministry of Culture may, in agreement with the Czechoslovak Academy of Sciences, permit Institutions of higher learn-ing to carry our archaeological research, if they do so for the realization of their scientific or educational tasks, and museums or other organiza-tions which have the necessary prerequisites for a professional conduct of archaeological research (hereinafter) referred to only as "authorized organization"). The authorized organization shall conclude with the Cze-choslovak Academy of Sciences an agreement on the scope and conditions of the archaeological research it is to carry out.
  3. The authorized organization shall notify the Archaeological Institute that it has begun archaeological research and shall submit thereto a report on the results of such research. if the archaeological research is to be carried out in an area designated as cultural monument, a natio-nal cultural monument, a monument reservation, or a monument zone, the Archaeological Institute and the authorized organizations shall report the beginning of archaeological research to the central agency of state care of monuments, to which they shall also submit a report on the results of such research. :
  4. Acting in agreement with the Czechoslovak Academy of Sciences, the Ministry of Culture may cancel the permit to carry out archaeological research if the authorized organization fails to respect the conditions under which the permit had been issued to it.

Section 22

Conduct of archaeological research

  1. Before they begin archaeological research the Archaeological In-stitute and authorized organizations shall conclude with the owner (manager-user) of the real property where the archaeological research is to be carried out an agreement on the conditions under which the research is to be carried out on such property. If no such agreement is reached, the competent district national committee shall decide on the obligations of the owner (manager, user) of the real property concerned to permit the archaeological research and on the conditions under which the re-search may be carried out.
  2. If construction work is to be done in an area containing archaeo-logical finds, the builders shall report their intentions to build already at the preparatory stage of construction to the Archaeological Institute and permit it or an authorized organization to carry out in the affected area protective archaeological research. If the builder is a or-ganization, it shall cover the cost of the protective archaeological re-search. In other cases the cost shall be borne by the organization carry-ing out the research. The same procedure shall be applied to cases where other activity is to be carried out in such area, which could endanger the conduct of archaeological research.

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16) 1970 UNESCO Convention on measures banning and preventing un-authorized import, export and transfer of ownership of cultural goods ( Notice No. 15/1980).
17) Act No. 142/1970 Concerning Foreign-Exchange Management. The Customs Act No. 44/1974.
Act. No. 42/1980, Concerning Economic Relations With Other Countries.

Section 23

Archaeological finds

  1. An archaeological find is an object (set of objects) which is a document or remnant of man's life and activity from the beginning of his development to the present age and has been preserved usually under-ground.
  2. An archaeological find not made during archaeological research shall be reported to the Archaeological Institute or the nearest museum either directly or through a local national committee. The report of an archaeological find shall be made by the finder or by the person respon-sible for the conduct of the work during which the archaeological find was made not later than on the second day after the find or after such person learned of the find.
  3. An archaeological find and the place of the find shall be left intact until they have been examined by the Archaeological Institute or a mu-seum, but for no shorter period of time than five work days following the report of the find. The Archaeological Institute or the authorized organization shall take all steps in the place of the find, necessary for the immediate protection of the archaeological find, in particular against damage, destruction or loss.
  4. If an archaeological find specified in paragraph 2 is involved, the tinder shall be entitled to a reward which shall be made to him by the competent district national committee in a sum that may equal the va-lue of the material of the find, if the archaeological find is made of pre-cious metals or other valuable materials, and in other case in a sum up to ten per cent of the cultural and historical value of the find, deter-mined on the basis of an expert opinion. The finder shall be entitled to compensation of the essential expenditures incurred by him in connection with the archaeological find. The decision regarding the compensation shall be made and the compensation shall be paid by the district national committee. The detailed provisions governing the provision of reward and compensation to the finder shall be set by a generally binding legal regulation.
  5. In the case of immovable archaeological finds which have been designated as cultural monuments, the district national committee shall designate the organization which will take care of these monuments. If such archaeological finds are located on land which is national property, it shall designate such organization in agreement with the body superior to the organization managing or using the land. If an immovable find designated as a cultural monument is located in an area which is under the jurisdiction of several district national committees, the organization which is to take care of the cultural monument shall be designated by such district national committees in mutual agreement.
  6. All movable archaeological finds shall be national property and as a rule shall be deposited in museums.
  7. Archaeological finds made in connection with the preparation or realization of a construction project shall be governed by special regulations.18

Section 24

Compensation for property loss

  1. \\'hen conducting archaeological research, the Archaeological Insti-tute and authorized organizations shall respect interests protected under special regulations, collaborate with the agencies charged with the protection of these interests, and protect to the utmost the rights and war-ranted interests of the owners (managers, users) of immovable or other property.
  2. If the owner (manager, user) of an immovable or other property is substantively limited by the archaeological research or by measures taken to protect an archaeological find in the normal use of such pro-perty, he shall be entitled to receive from the Archaeological Institute or the authorized organization appropriate lump sum compensation. After the work has been completed, the Archaeological Institute or the autho-rized organization shall restore the immovable or other property con-cerned to its previous condition. If this is not possible or economically effective, the owner (manager, user) of the immovable or other property shall be entitled to cash compensation.
  3. The claim to compensation for property loss under paragraph 2 shall be asserted with the Archaeological Institute or the authorized orga-nization within six months of the day on which the archaeological re-search or the measures to protect an archaeological find have been com-pleted, or else the claim shall become null and void. If no agreement is reached on the compensation and Its amount, these shall be determined by the competent district national committee.

PART FOUR
AGENCIES AND ORGANIZATIONS OF STATE CARE OF MONUMENTS

Section 25

Organizational system of slate care of monuments

  1. State care of monuments shall be exercised by agencies of state care of monuments which shall be the Ministry of Culture and national committees.
  2. The Ministry of Culture shall be the superior of the central agency of state care of monuments, and regional national committees shall be the superiors of regional organizations of state care of monuments.
  3. The agencies of state care of monuments, acting in cooperation with other agencies of state administration and with the professional assistance of organizations of state care of monuments, and scientific, artistic and other professional organizations and institutes, shall ensure that state care of monuments is exercised in a planned manner, comp-rehensively and in a differentiated manner, and in keeping with a long--term concept of its development.

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18) Section 127 of the Building Act.

Section 26

The Ministry of Culture

  1. The Ministry of Culture shall be the central agency of state admi-nistration for cultural monuments in the Czech Republic.
  2. The Ministry of Culture shall
    (a) draw up prognoses, concepts and proposals of long-range prospects of development of state care of monuments,
    (b) coordinate the drafting of a uniform program of comprehensive care of cultural monuments and shall create a11-round conditions for such care, and consider drafts of long-term, medium-term and
    implementing plans of restoration of cultural monuments,
    (c) control the cultural and educational utilization of national cultural monuments, and provide guidance for the cultural and educational utilization of other cultural monuments in conformity with the int-erests of the State's cultural policy,
    (d) coordinate scientific research in the area of stale care of monuments,
    (e) establish as its expert consultative body a scientific council for state care of monuments, .
    (f) cooperate with the Ministry of Education of the Czech Re-public in the training of personnel for state care of monuments, and shall attend to the continued education of this personnel,
    (g) ensure international cooperation in the area of state care of monuments,
    (h) issue the statutes of the central agency of state care of monuments,
    (i) issue model organizational rules for regional organizations of state care of monuments,
    (j) fulfill other tasks assigned to it under the present Act.

Section 27

Monument inspection agency

  1. The Ministry of Culture shall establish a monument inspection agency as its specialized inspection body in the area of state care of monuments. The main purpose of the monument inspection agency shall be the exercise of central inspection of the observance of the provisions of the present Act and of regulations issued for their implementation.
  2. The monument inspection agency shall carry out in particular the fo1lowing tasks:
    (a) oversee the realization of comprehensive care for cultural monuments,
    (b) oversee the observance of decisions made by the agencies and bodies of state care of monuments in order to secure care of cultural monuments, and the realization of the obligations borne by the owners (managers, users) of cultural monuments,
    (c) on the basis of findings made in the course of inspection analyze the situation of the state care of monuments and propose measures to be taken for its improvement.
  3. In performing its duties, the monument inspection agency shall cooperate with national committees, with public control agencies, with other state agencies, and with organizations of state care of monuments, and shall rely on their assistance.
  4. If the monument inspection agency finds shortcomings in care for cultural monuments, it shall propose to the competent body of state care of monuments the measures to be taken for the elimination of the ascertained shortcomings and, it necessary, the imposition of a reprimand or a tine, and shall attend to the proper Implementation of the ordered measures.
  5. Detailed provisions governing the duties and the authority of the monument inspection agency shall be set by a generally binding legal regulation.

Section 28

Regional national committees

  1. Regional national committees shall control and organize state care of monuments in their respective regions.
  2. Regional nationa1 committees shall
    (a) approve the regional concept of development of state care of monu-ments in accordance with the prognosis, concept and long-range prospect of development of state care of monuments in the Czech Republic, and shall determine the basic tasks of state care of monuments in the region,
    (b) approve drafts of long- and medium-term and implementing plans of restoration of cultural monuments,
    (c) direct the work on uniform programs. of comprehensive care of cultural monuments and provide the prerequisites for their rea-lization,
    (d) carry out the tasks of the agency of state care of monuments for national cultural monuments, unless such tasks are in the competence of the Ministry of Culture,
    (e) direct the cultural and educational utilization of cultural monuments in the region,
    (f) issue the organizational rules of the regional organization of state care of monuments in keeping with the model organizational rules issued by the Ministry of Culture,
    (g) oversee with(n the scope of their competence the observance of the provisions of the present Act and of the regulations issued for its implementation,
    (h) fulfill other tasks assigned to them under the present Act.

Section 29

District national committees

  1. District national committees shall control and organize state care of monuments in their respective districts in accordance with the re-gional concept of development of state care of monuments.
  2. District national committees shall
    (a) participate in the drafting of regional concepts of development of state care of monuments and in the drafting of medium-term and implementing plans of .restoration of cultural monuments,
    (b) create prerequisites for comprehensive care of cultural monuments,
    (c) direct care of cultural monuments realized within the competence of local and municipal committees,
    (d) exercise state administration in the sphere of state care of monu-ments unless another body of state care of monuments is competent to do so under the present Act,
    (e) establish, if needed, an organization or facility for the restoration of immovable cultural monuments, 9
    (f) exercise state building inspection in the restoration of cultural monuments from the viewpoint of state care of monuments,
    (g) attend within the scope of their competence to the observance of the provisions of the present Act and of regulations issued for its implementation,
    (h) fulfill other tasks assigned to them under the present Act.
  3. In fulfilling their tasks, district national committees shall rely on the professional assistance of the respective regional organization of state care of monuments.

Section 30

Local and municipal national committees

  1. Local national committees shall take care of cultural monuments in their respective community and shall control how owners of cultural monuments fulfill their duties under the present Act. In doing so, local national committees shall proceed from the professional opinion of the respective regional organization of state care of monuments.
  2. Depending on the local conditions and after consultation with the competent district national committee a municipal national committee may establish an organization or facility for the restoration of cultural monuments.

Section 31

Commissions for state care of monuments, district conservators
of state care of monuments, and reporters of state care of monuments

  1. If needed, national committees shall establish commissions for state care of monuments as working commissions for the purpose of an a11-round consideration and coordination of the tasks of state care of monuments. 21
  2. District national committees shall appoint a district conservator of state care of monuments (hereinafter referred to only as "district conservator") from among the citizens of the respective district and in consultation with the respective regional organization of state care of monuments to serve as a volunteer worker. The district conservator shall be a member of the district commission for state care of monu-ments, if such a commission has been established.
  3. The duties the district conservator shall be to observe systemati-cally the condition of cultural monuments in the district, report to the district national committee on their condition, on the care devoted to them and on their utilization, to propose to the district national com-mittee the needed measures, and to help publicize cultural monuments and state care of monuments in the public and particularly among young people.
  4. Acting on n proposal by the district conservator, the district na-tional committee may entrust voluntary workers to serve in a specifically designated area as reporters of state care of monuments (hereinafter re-ferred to only as "reporters"), who shall cooperate with the district conservator in the performance of his duties.
  5. The work of the district conservators and of reporters shall be controlled by the district national committee. It shall receive in this respect professional assistance from the regional organization of state ' care of monuments.
  6. Detailed provisions governing the duties of district conservators and reporters shall be set by a generally binding legal regulation.

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19) Section 21 of the Act No. 69/1967, Concerning National Committees as amended by subsequent regulations (complete wording published under No. 31/1983 in the Collection of Laws).
20) Section 99, subpar. [b), and Section 102, par. 5; of the Building Act.
21) Section 65 of the National Committees Act.

Section 32

The central agency of state care of monuments

  1. The central agency of state care of monuments is an agency for the exercise and coordination of all professional work in the sphere of state care of monuments for the purpose of ensuring the uniformity of cultural and political intents and of ideological, methodological, economic and technical aspects as well as the future development of state care of monuments.
  2. The central agency of state care of monuments shall
    (a) elaborate analyses of the condition and development of state care of monuments and background materials for prognoses, concepts and long-range prospects of development of state care of monuments,
    (b) organize, coordinate and carry out research tasks of state care of monuments and elaborate the theory and methodology of state care of monuments and the methodology of the public use of cultural monuments,
    (c) carry out the duties of the central professional, methodological, documentation and information body in the area of state care of monuments,
    (d) keep a central list of cultural monuments,
    (e) draw up expert opinions for the Ministry of Culture, in particular for the purpose of designating cultural monuments,
    (f) provide methodological guidance to regional organizations of state care of monuments,
    (g) ensure expert supervision of comprehensive care of cultural monuments and of their systematic utilization,
    (h) ensure project-design, reconstruction and restoration work for the restoration of selected cultural monuments,
    (i) provide for the continued education of personnel for state care of monuments,
    (j) fulfill other tasks assigned to it by the Ministry of Culture In the area of state care of monuments.

Section 33

Regional organizations of stale care of monuments

  1. A regional organization of state care of monuments is an orga-nization for the performance and coordination of expert activity in the area of state care of monuments in a region.
  2. The regional organization of state care of monuments shall
    (a) elaborate expert opinion for the regional national committee and under Its instructions for district national committees as well,
    (b) elaborate expert opinion for prognoses, concepts and long-range prospects of development of state care of monuments,
    (c) draw up uniform programs of comprehensive care of cultural monuments,
    (d) participate In the realization of the research tasks of state care of monuments, .
    (e) carry out the duties of the professional methodological, documenta-tion and information body in the respective region for state care of monuments,
    (f) keep a list of cultural monuments in the region,
    (g) provide expert assistance to owners of cultural monuments in the process of ensuring care of cultural monuments and elaborate expert opinions on the restoration of cultural monuments and on substan-tive changes in their utilization and of their environment,
    (h) carry out expert supervision of comprehensive care of cultural mo-numents and propose to the agencies of state care of monuments elimination of ascertained defects,
    (i) provide for the survey, research and documentation of cultural mo-numents, .
    (j) follow how cultural monuments are being educationally and culturally utilized and how they are publicized, and shall ensure comprehensive care for the cultural and educational utilization and accessibility of cultural monuments under its administration,
    (k) provide expert assistance to national committees in the exercise . of state care of monuments and, in addition, to district national committees in the methodological guidance of district conservators and reporters,
    (l) perform the duties of the investor in the restoration of selected cultural monuments in the region,
    (m) ensure the project-design, reconstruction and restoration work In the restoration of cultural monuments,
    (n) fulfill other tasks assigned to it by the regional national committee In the area of state care of monuments.

Section 34

Authority of the agencies and organizations of stale care of monuments

  1. The competent agency or organization of state care of monuments shall issue to persons entrusted with the implementation of the tasks of state care of monuments a certificate under which they are authorized to:
    (a) enter enterprises, factories, facilities, objects and other immovable property,
    (b) perform there the necessary expert work for the protection of cultural monuments or for scientific purposes, in particular documentation and conservation purposes, as well as expert supervision,
    (c) demand for this purpose provision of necessary information and explanations,
    (d) inspect the pertinent documents.
    (e) (2) When engaged in the activities specified in paragraph l, persons authorized to exercise the duties of state care of monuments may be acquainted with stale economic and official secrets only if they a re so appointed under special regulations.22 If they are so acquainted, they shall respect the interests of national defense and shall maintain state, economic and official secrets. They shall perform their tasks in such a manner that organizations or individuals are restricted in the per-formance of their activities and exercise of their rights only to the essential extent.
  2. Entry into the premises and facilities of the armed forces and armed corps shall be governed by special regulations. 23

PART FIVE
MEASURES AGAINST BREACHES OF OBLIGATIONS

Fining of organizations

Section 35

  1. The district national committee shall order the payment of a fine of up to 100 000 crowns by an organization which
    (a) has failed to protect an object against damage, destruction or theft
    from the time it was notified that a proposal had been made to designate the object as a cultural monument, or that the Ministry of Culture intends to designate the object as a cultural monument on its own initiative, until the Ministry of Culture has made the decision,
    (b) has failed to perform its duty to report, set in Section 3, par. 5, Section 12, Section 21, par. 3, and Section 22, par. 2, of the present Act,
    (c) has failed to attend to the preservation of a cultural monument, does not maintain it in good condition, uses it in a manner at va-riance with its cultural and political importance, value as a monument, or technical condition, does not protect it against danger, damage or loss of value, or has devalued or destroyed it,
    (d) has failed to respect the conditions set in the decision demarcating the protective zone of an immovable cultural monument, an immov-able national cultural monument, a monument reservation or a mo-nument zone,
    (e) restores a cultural monument without having requested the binding opinion of the competent district national committee or has failed to respect the conditions specified in such binding opinion,
    (f) has moved an immovable cultural monument without the prior con-sent of the Ministry of Culture or has moved a movable cultural mo-nument from a publicly accessible place without the prior consent of the competent district national committee,
    (g) has been conducting archaeological research without the permission specified in Section 21, par. 2,
    (h) has been reconstructing a cultural monument without the permis-sion specified in Section 14, par. 8,
    (i) has been doing construction work, structural changes or maintenance work on immovable property which is not a cultural monument but is located in a monument reservation, a monument zone, or the pro-tective zone of an immovable cultural monument, an immovable na-tional cultural monument, monument reservation or monument zone, without having requested a binding opinion of the competent district national committee under Section 14, par. 2, or has failed to respect the conditions set in such binding opinion.,
  2. The district national committee shall order the payment of a fine of up to 500 000 crowns by an organization which
    (a) does not attend to the preservation of a national cultural monument, does not maintain it in good condition, uses it in a manner which does not correspond to its cultural and political importance, value as a monument or technical condition, does not protect it against danger, damage or devaluation, or has caused the loss of its value or destroyed it,
    (b) is reconstructing a national cultural monument without having re-quested the binding opinion of the competent regional national com-mittee or has failed to respect the conditions set in such binding opinion,
    (c) is reconstructing a national cultural monument without the permission specified in Section 14, par. 8,
    (d) has moved a national cultural monument without the prior consent of the Ministry of Culture,
    (e) has lent abroad or has attempted to take or has taken abroad a cultural monument without the prior consent of the Ministry of Culture, or has lent abroad or has attempted to take or has taken abroad a national cultural monument without the prior consent of the Government of the Czech Republic.

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22) Sections 9 and 17 .to 19 of the Act No. 102/ 1971, Concerning Protection of State Secrets.
Section 3 of the Decree of the Government of the Czechoslovak Republic No. 148/1971, Concerning Protection of Economic and Official Secrets.
23) E.g. Section 5 of the Act No. 169/1949, Concerning Military Areas. Section 22 of the Act No.40/1961, Concerning Protection of the Cze-choslovak Republic.
Act No. 40/1974, Concerning the Corps of National Security.
Act No. 59/1965, Concerning the Execution of Prison Penalties, as amended by subsequent regulations.

Section 36

When fixing the amount of the fine, consideration shall be taken in particular of the seriousness and the duration of the unlawful action, the cultural and political importance of the cultural monument con-cerned, and the extent of the potential or caused damage.

Section 37

  1. The fine shall be paid within thirty days of the day when the de-cision imposing It became final.
  2. A fine may be imposed only within one year of the day when the district national committee learned of the breach of obligation, but not later than within three years of the day such breach occurred.
  3. The fine shall constitute a receipt of the national committee which ordered its payment. .

Section 38

The imposition of a fine on an organization shall not relieve the or-ganization or its workers, as the case may be, of their responsibility under special regulations.

Transgressions

Section 39

  1. The district national committee may discipline an individual who has committed a transgression in the sphere of state care of monuments with
    (a) reprimand,
    (b) a fine in amounts specified in paragraphs 2 or 3.
  2. A reprimand or a fine amounting up to 1000 crowns may be im-posed on an individual who committed a transgression by
    (a) his failure to protect an object against damage, destruction or theft from the time he was notified that a proposal had been made to designate the object as a cultural monument, or that the Ministry of Culture intends to designate the object as a cultural monument on its own initiative, until the Ministry of Culture has made the decision,
    (b) having failed to perform his duty to report, set in Section 3, par. 5 Section 12, Section 22, par. 2, and Section 23, par. 2, of the present Act,
    (c) having failed to attend to the preservation of a cultural monument, does not maintain it in good condition and does not protect it against danger, damage, loss of value or theft, or is using a cultural monu-ment in a manner at variance with its cultural and political import-ance, value as a monument, or technical condition,
    (d) having failed to respect the conditions set in the decision demarcat-ing the protective zone of an immovable cultural monument, an im-movable national cultural monument, a monument reservation or a monument zone,
    (e) restoring a cultural monument without having requested the binding opinion of the competent district national committee or has failed to respect the conditions set in such binding opinion,
    (f) carrying out unauthorized digging in an area with archaeological finds,
    (g) doing construction work, structural changes or maintenance work on immovable property which is not a cultural monument but ~ is located in a monument reservation, a monument zone, or the pro-tective zone of an immovable cultural monument, an immovable national cultural monument, monument reservation or monument zone, without having requested. a binding opinion of the competent district national committee under Section 14, par. 2, or has failed to respect the conditions set in such binding opinion,
    (h) having violated other obligations set by the present Act.
  3. A fine of up to 5 000 crowns may be imposed on an individual who has committed a transgression by
    (a) not attending to the preservation of a national cultural monument, not maintaining it in good condition and not protecting it against danger, damage, loss of value or theft; or by using a national cultural monument in a manner at variance with its cultural and political importance, value as a monument, or technical condition,
    (b) reconstructing a national cultural monument without having requested the binding opinion of the competent regional national com-mittee, or by having failed to respect the conditions set in such binding opinion,
    (c) having moved an immovable cultural monument without the prior consent of the Ministry of Culture, or by having moved a movable cultural monument from a publicly accessible place without the prior consent of the competent district national committee,
    (d) having moved a national cultural monument without the prior con-sent of the Ministry of Culture,
    (e) having lent abroad or by having attempted to take or taken abroad a cultural monument without the prior consent of the Ministry of Culture, or by having lent abroad or having attempted to take or taken abroad a national cultural monument without the prior con-sent of the Government of the Czech Republic.

Section 40

Unless the present Act provides otherwise, transgressions and their consideration shall be governed by general regulattons.24

Section 41

The fine shall constitute a receipt of the national committee which imposed it.

PART SIX

JOINT AND FINAL PROVISIONS

Section 42

  1. Cultural monuments entered in state lists of cultural monuments under previous legal regulations shall be considered to be cultural mo-numents under the present Act.
  2. National cultural monuments designated as such under previous legal regulations shall be considered to be national cultural monuments under the present Act. Monument reservations designated a s such under previous legal regulations shall be considered to be monument reser-vations under the present Act. Protective zones established under previous legal regulations shall be considered to be protective zones under the present Act.
  3. Permits to conduct archaeological research, issued under previous legal regulations shall be considered to be permits Issued under the present Act.
  4. Movable cultural monuments and national cultural monuments de-signated as such under the Act of the Slovak National Council Concern-ing State Care of Monuments shall be considered to be cultural monuments and national cultural monuments under the present Act, if they are located on the territory of the Czech Republic.
  5. Archive materials recognized as cultural monuments or designated us national cultural monuments under special regulations 25 shall not be considered to be cultural monuments and national cultural monuments under the present Act.
  6. The provisions of the present Act shall not apply to cultural mo-numents deposited in or transferred to museums and art galleries.

Section 43

  1. The rights and obligations the present Act assigns to owners of cultural monuments shall be possessed
    (a) if the cultural monument is national property, by the state organization which administers the cultural monument·26 or by another than state organization to which the cultural mo-nument was assigned for permanent use,27
    [b) if the cultural monuments is in cooperative or substitute use, or is used under the right of use for ensuring production, by the organization to which such right appertains under special regulations,28
    (c) the individual who has the right of personal use of land which is a cultural monument under special regulations,29
    (d) the person who disposes of a cultural monument as of his own and in view of all circumstances believes bona fide that the cultural monument belongs to him.30
  2. The rights and obligations of the owner an object that could be designated a cultural monument under Section 3 shall also appertain to the manager and user of such an object, as well as to the person who disposes of its as of his own and in view of all circumstances believes bona fide that the object belongs to him.30

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24) Act No. 60/1961, Concerning the Duties of National Committees in Securing Order, as subsequently amended. Act No. 71/1967, Concerning Administrative Procedure (Code of Administrative Pro-cedure).
25) Act of the Czech National Council No. 97/1974, Concerning Archives. Notice No. 101/1974 on the recognition of archive materials as cul-tural monuments and on increased protection of archive materials as cultural and national cultural monuments.
26) Section 64 of the Economic Code.
27) Section 70 of the Economic Code.
28) Sections 37 ff. of the Act No. 122/1975, Concerning Agricultural Co-operatives.
Sections 1 ff. of the Act No. 123/1975, Concerning the Use of Land and Other Agricultural Property for Ensuring Production.
Section 9 of Government Decree No.47/1955, Concerning Measures in the Sphere of Economic and Technical Adjustments of Land.
Section 12 of the Act No. 61/1977, Concerning Forests.
29) Sections 198 ff. of the Civil Code.
30) Section 132a of the Civil Code.

Section 44

The general regulations governing administrative procedure 31 shall not apply to proceedings under Sections 3, 6, 8, and 21, pars. 2 and 4.

Section 45

  1. The Ministry of Culture shall issue generally binding legal regul-ations for the implementation of the provisions of Section 3, par. 6, Section 7, par. B, Section 8, par. 5, Section 10, par. 3, Section 20, par. 4, and Section 31, par. 6.
  2. The Ministry of Culture shall issue generally binding legal regulations
    (a) in agreement with the Czech Commission for Scientific Technical and Investment Development for the implementation of the provision of Section 6, par. 2, Section 14, par. 10, and Section 17, par. 5,
    (b) in agreement with the Ministry of Finance of the Czech Republic for the Implementation of the provisions of Section 16, par. 3, and Section 23, par. 4,
    (c) in agreement with the Czech Planning Commission and the Ministry of Finance of the Czech Republic for the implementation of the provision of Section 27, par. 5.

Final provisions

Section 46

The following are hereby repealed:
1. Act No. 22/1958, Concerning Cultural Monuments, as amended by the Act of the Czech National Council No. 146/1971,
2. Notice No. 98/1959, concerning district conservators and reporters of state care of monuments,
3. Notice No. 99/1959, specifying the activity and organization of regional,. district and local commissions of state care of monuments,
4. Notice No. l16/1959, concerning registration of cultural monuments,
5. Notice No. 118/1959, concerning monument protection zones,
6. Notice No. 56/1960, concerning payment of costs of maintenance and restoration of cultural monuments,
7. Section 11, subpar. (b), of the Act No. 60/1961, Concerning the Tasks of National Committees in Securing Order, wherever it applies to cultural monuments.

Section 47

The present Act shall enter into effect on January 1, 1988.

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31 The Rules of Administrative Procedure.