Law no 16 on the preservation of the national heritage

Law no 16 of 23 March 2023 on the preservation of the national heritage

CLOE
BY THE WILL OF THE PEOPLE
SOVEREIGN PRINCESS OF SANCRATOSIA

We Promulgate this present law, that the National Council adopted in its session of 22 March 2023;

Chapter I. Of the administration of the preservation of the national heritage

Section I. Of the National Institute of Heritage

Article 1.

The National Institute of Heritage is the administration of the State, instituted by Sovereign Ordinance, charged with the preservation and the valuation of the national heritage. It as notably for mission:

1. to ensure the study, the protection, the conservation, the restoration, the valuation and the transmission to future generations of the national heritage, without prejudice to the missions devolved to the administration of the State charged with the application of the urban development policy of the Principality;

2. to elaborate the legislative and regulatory dispositions relating to the preservation of the national heritage and to ensure their application, with exception to those pertaining to urbanism, construction and roadways;

3. to proceed to inventories of intangible and movable cultural heritage in the custody of the State, to update them, excluding the public archives covered by specific regulation pertaining to the public archives;

4. to ensure the control of the inventories as well as their application by the organizations participating to the preservation of intangible and movable cultural heritage;

5. to contribute to the identification and the localization of elements of intangible cultural heritage;

6. in a general way, to prepare and conceive any measure of impulse or application relating to the preservation of the national heritage.

Section II. Of the Heritage Commission

Article 2.

Is instituted, a Heritage Commission, composed of the following:

1. Two personalities qualified in the domain of the preservation of the national heritage;

2. One representative from the Department of Planning;

3. One representative from the Department of Culture;

4. One member proposed by the National Council;

5. One member proposed by the Municipal Council;

Members proposed by the National Council and the Municipal Council, as well as the people designated on the basis of their competences, are nominated by Sovereign Ordinance for mandates of one year, renewable.

The president, and the vice-president, are designated by Sovereign Ordinance among the members of the Heritage Commission.

A representative of the National Institute of Heritage assists to the deliberations of the Heritage Commission without a voting right.

The secretariat of the Heritage Commission is ensured by the National Institute of Heritage.

The internal regulations of the Heritage Commission are fixed by Sovereign Ordinance.

Article 3.

The Heritage Commission has for mission, either by office, either at the demand of the Government Council, to formulate propositions of nature to orient or to ameliorate the identification, the protection, the preservation, the promotion, the valuation and the transmission to future generations of the national heritage, has defined by the present law.

The Heritage Commission is notably consulted:

1. during the elaboration:

a. of legislative dispositions relating to the preservation and the valuation of the national heritage;

b. of dispositions, general or particular, specific to the built elements and remarkable landscape appearing in Sovereign Ordinances establishing particular urban, construction or roadway regulations;

2. on the inventories foreseen by articles 7 and 11;

3. on the exit from the national territory of movable cultural goods;

Article 4.

The Heritage Commission produces an annual report addressed to the Minister of State.

This report is made public.

Chapter II. Of the intangible cultural heritage

Article 5.

The intangible cultural heritage includes the practices, representations, expressions, knowledge and skills, as well as the instruments, objects, artifacts and cultural spaces which are associated with them; it is manifested notably in the following domains:

a. the oral traditions and expressions, including language as a vector of intangible cultural heritage;

b. the performing arts;

c. the social and cultural practices, rituals and festive events;

d. the knowledge and practices concerning nature and the universe;

e. the skills related to traditional crafts.

Article 6.

The State, the municipality, the public offices and administrations, the State corporations, the foundations, as well as the associations benefiting from public contributions, proceed to an inventory of intangible cultural heritage of which they ensure the preservation and valuation. These inventories are updated yearly.

Article 7.

Are belonging to the national intangible cultural heritage the elements referred in the inventories foreseen in the previous article.

Chapter III. Of the movable cultural heritage

Article 8.

Are considered as movable cultural goods the goods which are designated of being of importance for archaeology, prehistory, history, literature, art or science, and that belong to the following categories:

a. the rare collections and specimens of zoology, botanic, mineralogy and anatomy, objects presenting a paleontological interest;

b. the goods concerning history, as well as the lives of leaders, thinkers, scholars and artists, and to the events of national importance;

c. the product of archaeological excavations of all kinds and archaeological finds;

d. the elements coming from the dismemberment of artistic or historical monuments and archaelogical sites;

e. the objects of antiquity having more than one hundred years of age, such as inscriptions, coins and engraved seals;

f. the ethnological material;

g. the goods of artistic interest such as:

– paintings, pictures and drawings made entirely by hand in any medium and in any material (excluding industrial designs and hand-decorated manufactured articles);

– original productions of statuary art and sculpture, in any material;

– original engravings, prints and lithographs;

– original artistic assemblies and montages on any support and in any material;

– digital creations;

h. the rare manuscripts and incunabula, books, documents and old publications of special interest (historical, artistic, scientific, literary or other) isolated or in collections;

i. the postage stamps, revenue stamps and the like, singly or in collections;

j. the archives, including phonographic, photographic, televisual and cinematographic archives;

k. the furnishings having more than one hundred years of age and antique musical instruments.

Article 9.

The State, the municipality, the public offices and administrations, the State corporations, the foundations, as well as the associations benefiting from public contributions, proceed to an inventory of movable cultural heritage of which they ensure the preservation and valuation. These inventories are updated yearly.

Article 10.

Are belonging to the national movable cultural heritage the elements referred in the inventories foreseen in the previous article.

Article 11.

With the means of preserving the movable cultural heritage, the mention « National Treasure » may, after advice of the Heritage Commission, figure to the inventories of movable cultural goods, being emblematic and representative works of a moment of the history of Sancratosia.

Article 12.

The exit from the national territory of movable cultural goods mentioned in articles 10 and 11 is subordinated to an authorization issued by the Minister of State, after advice from the Heritage Commission.

This authorization may be accompanied of specific prescriptions.

Chapter IV. Of the natural heritage

Article 13.

The natural heritage includes natural environments, resources and habitats, sites, landscapes and perspectives, animal and plant species, as well as elements of biological diversity.

Chapter V. Final dispositions

Article 14.

Are not subordinated to the dispositions of the present law the goods of the Crown inventoried in concordance with article 34 of the Constitution.

Article 15.

The present law is promulgated and executed as a law of the State.

The Government Council is responsible of its publication in the Jornal de Sancratosia.

Promulgated in Our Princely Palace in Sancratosia on twenty-three March two thousand twenty-three.

Cloe