Heritage Conservation Act

Passed 27 February 2002

(RT1 I 2002, 27, 153),

entered into force 1 April 2002,

amended by the following Acts:

24.03.2004 entered into force 26.04.2004 - RT I 2004, 25, 171;

19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387;

05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336;

15.05.2002 entered into force 01.01.2003 - RT I 2002, 47, 297.


New  redaction entered into force 01.06. 2011- RT I, 21.03.2011, 8


Chapter 1

General Provisions

 

§ 1. Scope of application of Act

(1)        The Heritage Conservation Act regulates the rights and obligations of state and local government authorities and owners and possessors of cultural monuments (hereinafter monuments) in organising the protection of monuments and heritage conservation areas and in ensuring the preservation of monuments and heritage conservation areas.

(2)        Administrative proceedings regulated by this Act shall be conducted pursuant to the procedure provided by the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117; 78, 527), unless otherwise provided by this Act.

 

§ 2. Definition of monument

A monument is a movable or immovable, a part thereof, a body of things or an integral group of structures under state protection which is of historical, archaeological, ethnographic, urban developmental, architectural, artistic or scientific value or of value in terms of religious history or of other cultural value and due to which it is designated as a monument pursuant to the procedure provided for in this Act.

 

§ 3. Classes of monuments

(1)        Monuments are movable monuments or immovable monuments according to the classification of things as movables and immovables.

(2)        The following things and bodies of things may be immovable monuments:

1)         the sites of ancient, medieval and modern settlements, fortresses, refuges, places of worship, burial grounds, ancient fields, cup-marked stones, roads, bridges, harbour sites, and sites related to early industry;

2)         civil, industrial and defence structures and sacred buildings, and their ensembles and complexes, which have artistic value or value in terms of cultural history;

3)         structures reflecting the development of science, technology or production;

4)        Monuments may be classified as archaeological, architectural, artistic, technological, industrial or historical monuments

5)  structures, memorials, cemeteries, sites (areas) and parks of historical value.

6) underwater sunk water craft, aircraft or other vehicle, parts or bodies thereof along with the bottom of the body of water underneath them and cargo or other contents.

(3)        The following things and bodies of things may be movable monuments:

1)         parts severed from immovable monuments;

2)         archaeological findings, ethnographic and historical objects and collections thereof;

3)         works of visual and applied art and collections thereof which have artistic value or value in terms of religious or cultural history;

4)         machines and fixtures reflecting the development of science, technology or production.

(4)        Monuments may be classified as archaeological, architectural, artistic, industrial or historical monuments.

(5)Underwater monuments may be things or bodies of things specified in subsections (2) and (3) of this section located in internal and transboundary water bodies, in inland and territorial seas and in the exclusive economic zone.

§ 31. Ownership of underwater monuments

(1) An underwater monument located in internal and transboundary water bodies and in inland and territorial seas, which has no owner or the owner of which cannot be ascertained, belongs to the state.

(2) Underwater monuments are managed by the National Heritage Board.";

 

§ 4. Heritage conservation areas

(1)        Historical settlements, parts thereof and sites of cultural value which have developed under the joint influence of natural phenomena and human activities are eligible for designation as heritage conservation areas.

(2)        For the purposes of this Act, a heritage conservation area may consist of immovable monuments, or immovable monuments and other things, which together with the site, natural features, the street network, blocks of houses and arrangement of plots (registered immovables) constitute a culturally valuable whole.

 

§ 5. Prohibition on destruction of or damage to monuments

It is prohibited to destroy or damage monuments.

 

Chapter 2

Organisation of Heritage Conservation


§ 6. Organisers of Heritage Conservation

(1)        Heritage conservation is organised by the Ministry of Culture, the National Heritage Board and rural municipality and city governments.

 

§ 7. National Heritage Board

The main function of the National Heritage Board is to organise heritage conservation work, to exercise state supervision over monuments and heritage conservation areas and to maintain the national register of cultural monuments.

 

§ 8. Heritage Conservation Advisory Panel

(1)        The Heritage Conservation Advisory Panel is an advisory body which operates within the Ministry of Culture.

(2)       The Heritage Conservation Advisory Panel consists of at least seven members and its membership shall be approved for a term of four years by the Minister of Culture.

(3)        The Heritage Conservation Advisory Panel is comprised of representatives of universities, research institutions, associations and alliances, and experts in the fields of history, archaeology, ethnography, architecture, restoration and the history of art and science.

(4)        The Heritage Conservation Advisory Panel shall make proposals and express opinions concerning all issues arising from this Act. The opinions of the Advisory Panel constitute the recommended basis for the National Heritage Board and local governments in the planning of heritage conservation work and the elaboration of heritage conservation principles. The Advisory Panel shall submit its opinions and recorded decisions in writing to the Minister of Culture and the National Heritage Board.

(5)        The statutes of the Heritage Conservation Advisory Panel shall be approved by a regulation of the Minister of Culture.

 

§ 9. Rural municipality and city governments

(1)        Rural municipality and city governments shall:

1)         maintain records on immovable monuments in their territory;

2)         take into consideration the heritage conservation requirements arising from immovable monuments, heritage conservation areas and their protected zones when preparing and co-ordinating physical planning, land use and other documentation and when establishing traffic control;

3)         make proposals to the National Heritage Board to place things of cultural value under temporary protection;

4)         monitor whether persons who conduct work involving monuments hold research permits and activity licences issued pursuant to the established procedure;

5)       monitor whether work involving monuments, their protected zones and structures located within heritage conservation areas and the relevant plans have been approved by the National Heritage Board 

6)         promptly inform the National Heritage Board of any violations of this Act, alterations resulting in damage to monuments, and findings of cultural value;

7)         suspend work and other activities which endanger monuments or findings of cultural value;

8)         perform other tasks arising from the statutes of heritage conservation areas;

9)         observe other requirements arising from this Act in the performance of their duties.

(2)        Pursuant to agreements entered into by the National Heritage Board and local government councils, rural municipality and city governments may perform duties of the state in heritage conservation.

(3) Rural municipality or city governments may delegate the competence to organise heritage conservation arising from this Act to rural municipality or city authorities.

 

§ 10. Heritage conservation monitors

Monitors whose rights and duties are determined by the Minister of Culture shall participate in heritage conservation on their own initiative.


Chapter 3

Designation of Monuments

 § 11. Temporary protection

(1)        The National Heritage Board shall place things of cultural value under temporary protection in order to determine the need to designate the things as monuments.

(2)        The procedure for temporary protection shall be established upon placement of a thing under temporary protection.

(3)        Requirements relating to monuments and restrictions on ownership of monuments provided for in this Act apply to things placed under temporary protection. The owner or possessor of a thing which is placed under temporary protection has the rights and obligations of an owner or possessor of a monument.

(4)        A thing may be placed under temporary protection for up to six months, except in the case specified in subsection 42 (1) of this Act.

(24.03.2004 entered into force 26.04.2004 - RT I 2004, 25, 171)

(5)        Things of cultural value shall be placed under temporary protection and the protection thereof shall be terminated pursuant to the procedure established by a regulation of the Government of the Republic.

 

§ 12. Designation as monument and revocation of designation

(1) A thing is designated as an immovable monument and the designation of a thing as an immovable monument shall be revoked by a directive of the Minister of Culture based on the expert assessment of the National Heritage Board and a proposal from the Heritage Conservation Advisory Panel. The expert assessment of the National Heritage Board and the proposal from the Heritage Conservation Advisory Panel shall previously be introduced to the owner of the thing or the immovable monument.

(2) A thing is designated as a movable monument and the designation of a thing as a movable monument shall be revoked by a directive of the Minister of Culture based on the expert assessment and a proposal of the National Heritage Board. The expert assessment and proposal of the National Heritage Board shall previously be introduced to the owner of the thing or the movable monument.

(3) Information on a monument, such as its name, composition and boundaries, provided for by the legal instrument designating a monument shall be amended by a directive of the Minister of Culture based on the expert assessment and a proposal of the National Heritage Board.

(4) Directives of the Minister of Culture specified in subsections (1)–(3) of this section shall be published in the Riigi Teataja.

(5) The procedure for designation as a monument and revocation of such designation and for amending the information on a monument shall be established by a regulation of the Government of the Republic.

 

§ 13. Registration of monuments

(1)        Information relating to monuments shall be entered in the national register of cultural monuments. The national register of cultural monuments shall be established and the statutes for maintenance of the register shall be approved by the Government of the Republic pursuant to the procedure provided in the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552; 1999, 10, 155; 2000, 50, 317; 57, 373; 92, 597; 2001, 7, 17; 17, 77; 24, 133; 2002, 61, 375; 63, 387; 2003, 18, 107; 26, 158).

(2)        The location of immovable monuments and their protected zones shall be entered in the land cadastre.

(3) Underwater monuments shall be marked on navigational charts by the Maritime Administration in co-operation with the National Heritage Board.

 

§ 14. Marking of monuments with signs

"(1) Immovable monuments shall be marked and movable monuments and underwater monuments may be marked with appropriate signs.

(2) The marking of monuments with signs shall be organised by the National Heritage Board. Upon marking of monuments with signs, the National Heritage Board may cooperate with rural municipality and city governments.

(3) The procedure for marking and the image of the sign shall be approved by a regulation of the Minister of Culture.

(4) It is prohibited to damage or remove signs.

(5) With the consent of the National Heritage Board and the owner, an information medium up to 2 meters in width and 2 meters in length and reaching a height of up to 2.5 meters from the ground level may be fixed on an immovable monument and within its protected zone to describe the immovable monument. Requirements provided for small construction works pursuant to the Building Act apply to such information media of immovable monuments.

 

§ 15. Designation as heritage conservation areas

(1) Designation as heritage conservation areas is decided by the Government of the Republic on the proposal of the Minister of Culture.

(2) Upon designation as a heritage conservation area, the Government of the Republic shall approve the statutes of the heritage conservation area, which provides the boundaries of the heritage conservation area and its protected zone, sets out the date on which the heritage conservation area was first designated as being protected under heritage conservation, and specifies the requirements and restrictions applicable in the heritage conservation area and its protected zone and the division of tasks between organisers of heritage conservation. If the heritage conservation area contains a protected natural feature, the statutes shall also provide for co-operation between organisers of heritage conservation and the administrator of the protected natural feature.

(3) Before designation as a heritage conservation area, the National Heritage Board shall ask for the opinion of the local government council of the location on the draft statutes of the heritage conservation area and organise public display of the draft statutes of the heritage conservation area in the local rural municipality or city government and on the home page of the National Heritage Board by informing thereof in at least one national daily newspaper and a local newspaper. The duration of the public display shall not be less than four weeks.

(4) In the course of the public display, proposals and objections may be filed with the National Heritage Board in a format which can be reproduced in writing. After review of proposals and objections, the National Heritage Board shall organise a public discussion on the basis of the proposals and objections received.

 

Chapter 4

Ensuring Preservation of Monuments. Restrictions on Ownership

 

§ 16. Duties of owner or possessor of monument or structure located within heritage conservation area

(1)        The owner or possessor of a monument is liable for its preservation. The owner or possessor of a monument is required to:

1)         maintain the monument;

11) repair the monument if it is necessary for ensuring the preservation of the monument;

2)        adhere to the restrictions arising from this Act insofar as the National Heritage Board has not granted a permit for specific activities;

3) promptly inform the National Heritage Board and the rural municipality or city government of any alterations resulting in damage to the monument or of loss of possession of the monument against the owner’s or possessor’s will;

4)         provide officials of bodies organising heritage conservation or authorised persons of the National Heritage Board with access to the monument for inspection;

5)         preserve and maintain the monument sign;

6)        notify the National Heritage Board of succession to the monument or of the deposit of the monument .

 (2)        The maintenance and preservation of a structure which is located within a heritage conservation area but is not a monument (hereinafter structure located within a heritage conservation area) shall be ensured by its owner or possessor who has the duties specified in clauses (1) 3) and 4) of this section.

(21) For the purposes of this Act, repairs means maintenance of the condition, including the technical condition, of a monument or a structure located within a heritage conservation area, which does not change the appearance or details of the monument or the structure located within a heritage conservation area.


§ 17. Restoration of damaged monuments and signs

Damaged monuments and signs shall be restored to their former condition pursuant to the procedure established by the Government of the Republic. If it is not possible to restore a monument or sign, the damage shall be compensated for pursuant to law.

 

§ 18. Protection obligation notice

(1) On the basis of the legal instrument designating a monument, the National Heritage Board shall prepare a protection obligation notice for the owner or possessor.

(2) The protection obligation notice concerning an immovable monument shall set out:

1) the name, location, features and the number of the monument in the national register of cultural monuments registry, and the title, number and date of the legal instrument designating the monument;

2) a list of work carried out to maintain the monument, where necessary;

3) the reductions of restrictions applied to historical and archaeological monuments, where necessary;

4) the boundaries and the extent of the protected zone of the monument, if determined, and the reductions of restrictions applicable in the protected zone.

(3) The protection obligation notice concerning a movable monument shall contain the information specified in clauses (2) 1) and 2) of this section and, where necessary, the conditions for the preservation of the movable monument.

 (4)        A protection obligation notice shall be prepared in three copies of which one shall be given to the owner or possessor, the second shall be given to the rural municipality or city government and the third shall be retained by the National Heritage Board.

(5)        If a protected zone extends into a neighbouring immovable, a protection obligation notice shall also be prepared for the owner or possessor of the neighbouring immovable.

(6)        Upon the transfer of a monument or transfer of the possession of a monument, the owner shall give the protection obligation notice to the new owner or possessor.


§ 19. Notification in a contract of sale, a gratuitous contract or a barter agreement of a monument or an immovable or a structure located within a heritage conservation area or protected zones thereof

A contract of sale, a gratuitous contract or a barter agreement of a monument or an immovable or structure located within a heritage conservation area or protected zones thereof shall specify that the object of the contract is a monument or an immovable or structure located within a heritage conservation area or their protected zones.

 

§ 20. Deposit of movable monument

In the absence of conditions necessary for the preservation of a movable monument or if its owner or possessor does not apply measures prescribed in a protection obligation notice within the specified term, the National Heritage Board may arrange for the monument to be deposited without charge under conditions which ensure its preservation until the owner or possessor is able to ensure adequate preservation of the monument.

 § 21. Requirement to preserve body of things

Movable monuments which together constitute a body of things may be transferred or bequeathed separately or distributed upon the division of an estate only with the permission of the National Heritage Board.

 

§ 22. Prohibition on taking movable monument out of country

A movable monument may be taken out of the country only for a specified term and on the basis of a permit issued pursuant to the procedure established by the Government of the Republic on the basis of the Customs Act (RT I 1998, 3, 54; 1999, 86, 782; 90, correction notice; 97, 859; 102, 907; 2000, 95, 608; 2001, 56, 335; 64, 368; 88, 531; 93, 565).

 

§ 23. Restrictions on use of movable monuments

The following is prohibited with respect to a movable monument without the permission of the National Heritage Board:

1)         severance of the monument from an immovable monument to which it belongs;

2)         conservation, restoration or alteration of the appearance of the monument in any other manner;

3)         use of the monument for a purpose which endangers the preservation of the monument.

 

§ 24. Restrictions applicable on immovable monuments and in heritage conservation areas

(1) The following are prohibited on immovable monuments and within heritage conservation areas without the written permission of the National Heritage Board:

1) conservation and restoration;

2) construction, including the development of attics, and closing in and building inside archways and yards;

3) changes to the historical street networks, building lines and boundaries of registered immovables;

4) changes to land use of a registered immovable where an archaeological monument is located or of a registered immovable located within heritage conservation areas;

5) alterations to the roofscape and to the facade of a structure, including doors, windows, stairways, gates, etc.;

6) alterations to the appearance of monuments or of structures, including alterations of colour schemes, and the relocation of structural element details;

7) installation on a monument or a structure or within a heritage conservation area of any objects which damage it or change its appearance, including mobile objects, such as kiosks, pavilions or outdoor cafeterias, lighting and other devices, utility networks and structures, information media and advertisements;

8) the use of building materials which differ from or imitate the original building materials;

9) the planting of vegetation, any cutting, excavation and land improvement work.

(2) In addition to the provisions of subsection (1) of this section, the following are prohibited on immovable monuments without the written permission of the National Heritage Board:

1) earthwork and the cultivation of land;

2) the removal and damage of open architectural and structural elements and details in interior spaces and the removal of structural elements from their initial location, the covering up or damage in any other manner thereof;

3) the construction of roads, utility lines and networks.

(3) Conservation is a complex of works, which hinders further destruction of a monument or of a structure located within a heritage conservation area by technically securing its structural and decorative elements, leaving them unaltered and preserving the historical layering.

(4) Restoration is a complex of works, which ensures authentic recording of the historical architectural condition of a monument or of a structure located within a heritage conservation area by removing, where necessary, elements and layers, which are of low value and damage the appearance, and by restoring missing parts in a scientifically justified form based on original documents and research.

(5) The procedure for the issue of permits specified in subsections (1) and (2) of this section and the formats of permits shall be established by a regulation of the Minister of Culture.

(6) Construction, conservation and restoration in a heritage conservation area shall be carried out and the building materials to be used shall be selected taking into consideration the architectural and historical value of both the structure and the heritage conservation area.

(7) Possible reductions of restrictions extended to heritage conservation areas and structures which are located therein but are not monuments shall be established in the statutes of the heritage conservation area.";

 

§ 241. Additional restrictions applicable to underwater monuments and in their protected zones

In addition to the restrictions specified in sections 23 and 24 of this Act, it is prohibited to anchor, trawl, dredge and dump solid substances on underwater monuments and within their protected zones


§ 242. Diving licence to underwater monuments

(1) It is prohibited to dive to underwater monuments and within their protected zones, except in cases specified in subsection (2) of this section.

(2) Diving to underwater monuments and within their protected zones is allowed in the following cases:

1) under the supervision of a provider of diving services to underwater monuments or

2) on the basis of a diving licence to underwater monuments issued by the National Heritage Board for an unspecified term (hereinafter the diving licence).

(3) The diving services provider or the diver shall inform the National Heritage Board of diving to an underwater monument and its protected zone both before and after diving. After diving to an underwater monument and its protected zone, it shall be informed of the condition of the underwater monument and its protected zone, in particular damages to the underwater monument and within its protected zone and the risks of diving to the underwater monument.

(4) Persons of at least 18 years of age who have completed training during which they have acquired the skills to dive to an underwater monument without causing damages to it, have the right to apply for a diving licence.

(5) The National Heritage Board shall refuse issuing a diving licence if the applicant does not conform to the requirements pursuant to this Act or during the last year the applicant has significantly violated requirements pursuant to this Act or legislation issued on the basis thereof.

(6) The National Heritage Board shall revoke a diving licence if an owner of a diving licence violates the requirements pursuant to this Act or legislation issued on the basis thereof.

(7) The National Heritage Board shall review a diving licence application within one month as of submission of the application.

(8) The applicant or owner of a diving licence shall be notified of the issuing, refusal to issue or revocation of a licence within five working days in a format which can be reproduced in writing.

(9) The procedure for issuing of diving licences, reporting of diving and reporting of the condition of underwater monuments and their protected zones, and the diving licence form shall be established by a regulation of the Minister of Culture.";

 

 

§ 25.  Protected zones and restrictions applicable therein

(1) In order to protect immovable monuments and heritage conservation areas, protected zones shall be established.

(2) The tasks of a protected zone are:

1) ensuring the observability of immovable monuments and heritage conservation areas, including preservation of long-distance views and the visibility of skylines;

2) preservation of culturally valuable structural elements of immovable monuments, heritage conservation areas and their surrounding land in a spatial context.

(3) A protected zone of an immovable monument is constituted by land extending fifty metres from the exterior or boundary of the monument, unless the legal instrument designating a monument prescribes otherwise. The extent of the protected zone of an immovable monument may be changed

(4) A common protected zone may be established for immovable monuments constituting a historical entity or located close to each other.

(5) Section 12 of this Act applies to the procedure of establishment and changing of protected zones of immovable monuments and to the publication of a directive of the Minister of Culture.

(6) Protected zones shall not be established for:

1) immovable monuments which are located within a heritage conservation area unless the statutes of the heritage conservation area provide otherwise.

2) immovable monuments located in cemeteries.

(7) The following are prohibited within a protected zone of an immovable monument without a written permission of the National Heritage Board:

1) construction work, construction of roads, ditches and utility lines, other earthwork, excavation and land improvement work;

2) blocking the observability of an immovable monument.

(8) The procedure for the issue of the permit specified in subsection (7) of this section and the format of the permit shall be established by a regulation of the Minister of Culture.

(9) The extent of the protected zone of a heritage conservation area and the requirements and restrictions applicable therein shall be established in the statutes of the heritage conservation area. Heritage conservation areas may be divided into parts with restrictions of different extent.

 

§ 26. Public access to immovable monuments

(1)        Everyone has unrestricted access to an immovable monument which is located on an immovable owned by a legal person in public law.

(2)        A person in private law on whose immovable a monument is located or over whose immovable a customary access route to a monument passes shall ensure unrestricted passage to the monument for everyone from sunrise to sunset.

(3)        Access to a structure designated as a monument or its yard shall be granted at the time and pursuant to the procedure permitted by the owner or possessor.

(4)        The National Heritage Board may restrict access to an immovable monument if unrestricted access endangers the monument.

 

§ 27. Right of pre-emption

(1) The state has a right of pre-emption upon sale of a movable monument. The provisions of the Law of Obligations Act concerning right of pre-emption apply to the right of pre-emption of a movable monument.

(2) The state and thereafter the local government have the right of pre-emption upon sale of an immovable on which an immovable monument is located.

(3) The state and the local government do not have the right of pre-emption if the thing is sold to a spouse, descendant or parent or to a brother or sister or a descendant thereof, also in case of sale of an apartment ownership, right of superficies or right of superficies in apartments.

(4) On the basis of an application by the National Heritage Board, a notation shall be entered in the third division of the land register part that the immovable is encumbered with the right of pre-emption specified in subsection (2) of this section. The consent of the owner of the immovable is not required for entering the notation in the land register. Reference shall be made in the application and the entry of the notation to this Act and this section and the legal instrument by which the immovable was designated as a monument.

(5) If it is evident on the basis of the entry in the land register that the immovable is encumbered with a right of pre-emption for the purposes of this section, a notary shall, within five working days after notarisation of a contract of sale or other contract by which acquisition or transfer of an immovable is undertaken, by electronic means send a notarised copy of the Contract to the National Heritage Board and to the local government of the location of the immovable or structure in order to decide on the exercise of the right of pre-emption.";

 

§ 28. Expropriation of immovable monuments

If an owner or possessor does not ensure the preservation of an immovable monument, does not adhere to the restrictions on its use, prohibits the scientific study of a monument or unduly refuses to grant access to a monument and if the owner or possessor has been punished for the violation of this Act pursuant to misdemeanour or criminal procedure, the Government of the Republic may, in the public interest, expropriate the immovable on which an immovable monument is located without the consent of the owner for fair and immediate compensation pursuant to the procedure provided by the Immovables Expropriation Act (RT I 1995, 30, 380; 59, 1006; 2002, 47, 297; 61, 375).

 

§ 29. Rights of owners and possessors

(1)        An owner or possessor is entitled to obtain the following without charge from or through the National Heritage Board:

1)         scientific or other information concerning a monument;

2)         consultation for the maintenance and use of a monument.

(2)        At the request of an owner or possessor, the National Heritage Board is required to deposit a movable monument without charge under conditions which ensure its preservation.

(3)        An owner or possessor of a monument or a structure located within a heritage conservation area may apply for a support from the state budget or from a rural municipality or city budget to maintain, conserve, restore or ensure optimum conditions for the preservation of the monument or the structure located with a heritage conservation area.

(31)      The procedure for applying for a support from the state budget, the procedure for the review of applications and the bases and procedure for the grant of such support shall be established by a regulation of the Government of the Republic. The procedure shall set out a list of data and documents to be submitted to obtain support, the due date for the submission of application, the procedure for reviewing an application, the reasons for the acceptance of or refusal to accept applications and the procedures for notifying the applicants.

(24.03.2004 entered into force 26.04.2004 - RT I 2004, 25, 171)

(4)        The Government of the Republic may establish other incentives for owners and possessors of monuments or immovables located within the protected zones of immovable monuments and for owners of structures located within heritage conservation areas and their protected zones.


§ 291. Relocation of immovable monuments

(1) An immovable monument may be moved from its original location to a suitable location if the preservation of the immovable monument in the current environment is at risk and thus the preservation of the immovable monument is ensured.

(2) Relocation of an immovable monument is decided by the Minister of Culture based on an application from the owner, an expert assessment of the National Heritage Board and a proposal from the Heritage Conservation Advisory Panel and with the consent of the relevant local government council.

(3) Relocation of immovable monuments shall be conducted on the basis of a plan which adheres to the special conditions for heritage conservation pursuant to the procedure provided for in section 35 of this Act.

(4) Costs related to moving of an immovable monument shall be borne by the owner of the immovable monument.";

 

Chapter 5

Findings of Cultural Value


§ 30. Finding of cultural value

(1) A finding of cultural value is a movable found in the ground or on the surface of the ground, inside a structure, inside a construction, under water or in the sediment of a body of water, which is either a natural feature or has historical, archaeological, scientific, artistic or other cultural value and which has no owner or the owner of which cannot be ascertained.

(2) Findings of cultural value belong to the state. A finder or possessor of a thing specified in subsection (1) of this section is required to permit the National Heritage Board to identify the thing.

(3) A person on whose immovable a thing specified in subsection (1) of this section is located, is required to permit the excavation of the thing if damage caused by this is compensated for.

 

§ 301. Searching with a searching device for a thing of cultural value

(1) It is prohibited to search with a searching device for a thing specified in subsection 30 (1) of this Act without a searching licence for a thing of cultural value (hereinafter searching licence) issued by the National Heritage Board with a term of one year. For the purposes of this Act, a searching device is a technical device or device, excluding navigation device, which allows determining the location of a thing specified in subsection 30 (1) of this Act.

(2) It is prohibited to search with a searching device on immovable monuments and in their protected zones, except for performance of duties or studies approved by the National Heritage Board.

(3) Upon searching with a searching device on the basis of a searching licence for a thing specified in subsection 30 (1) of this Act, the National Heritage Board must be presented information concerning the time and location of search no later than 31 January each year for the previous calendar year.

(4) Persons of at least 18 years of age who have completed training during which they have acquired the skills to recognise a thing of cultural value and not to damage a found thing or its place, have the right to apply for a searching licence.

(5) The National Heritage Board shall refuse issuing a searching licence if the applicant does not conform to the requirements pursuant to this Act or during the last year the applicant has significantly violated requirements pursuant to this Act or legislation issued on the basis thereof.

(6) The National Heritage Board shall revoke a searching licence if the owner of the searching licence violates the requirements pursuant to this Act or legislation issued on the basis thereof.

(7) The National Heritage Board shall review a searching licence application within one month as of submission of the application.

(8) The applicant or owner of a searching licence shall be notified of the issuing, refusal to issue or revocation of a licence within five working days in a format which can be reproduced in writing.

(9) The procedure for issuing of searching licences and reporting of searching for things of cultural value and the searching licence form shall be established by a regulation of the Minister of Culture.";

 

§ 31. Temporary protection of findings of cultural value

Findings of cultural value are under temporary protection from the moment they are found.


 § 32. Duties of finder

(1)        A finder of a thing specified in subsection 30 (1) of this Act is required to preserve the place of the finding in an unaltered condition and to notify the National Heritage Board and the rural municipality or city government promptly of the finding.

(2)        A found thing shall be left in the place it is found until it is delivered to the National Heritage Board. A found thing may be removed from the place it is found only if its preservation is endangered. It shall not be damaged by cleaning, furbishing, breaking or in any other manner, or by severing parts from the whole.


§ 33. Entitlement to finder's reward

(1) A finder of a thing specified in subsection 30 (1) of this Act, except underwater sunk water craft, aircraft or other vehicle, is entitled to finder's reward. The amount of finder's reward is determined by the National Heritage Board on the basis of an expert assessment. The natural, historical, archaeological, scientific, artistic and other cultural value of a thing found and circumstances of finding and delivery to the state are taken into consideration in determining a finder’s reward. The procedure for paying finder’s reward shall be established by a regulation of the Government of the Republic.

(2) The receiver of finder’s reward has the right to remain anonymous.

(3) A finding of cultural value may be transferred free of charge on the basis of National Heritage Board’s expert assessment without determining a finder’s reward to the finder.

(4) Finder’s reward shall not be paid in the following cases:

1) finder’s duties include searching for and excavating things specified in subsection 30 (1) of this Act or studying monuments or supervising compliance with requirements concerning heritage conservation;

2) the finder has violated the obligations specified in section 32 of this Act.

 

Chapter 6

Ensuring Protection of Monuments and of Structures Located Within Heritage Conservation Areas when Conducting and Planning Work Involving Monuments and Structures


§ 34. Study and underwater archaeological research of monuments and structures located within heritage conservation areas

(1) Study of a monument or a structure located within a heritage conservation area which results in its alteration may be undertaken only with the permission of the National Heritage Board and by notification of the rural municipality or city government by the owner or the possessor, unless the statutes of the heritage conservation area prescribe otherwise.

(2) The owner or possessor of a monument or a structure located within a heritage conservation area is required to permit the study specified in subsection (1) of this section if damage caused thereby is compensated for. Damage shall not be compensated for in the case provided for in subsection 35 (7)of this Act.

(3) Underwater archaeological research in internal and transboundary water bodies, inland and territorial seas and in the exclusive economic zone may be undertaken with the permission of the National Heritage Board.

(4) The activity licence specified in section 36 of this Act and an action plan for the studies approved by the National Heritage Board are necessary to obtain the permit specified in subsections (1) and (3) of this section. The National Heritage Board shall decide to issue a corresponding permit or to refuse to issue a permit within one month as of submission of the application. A permit shall be issued for the conduct of a specific study.


§ 35. Conservation, restoration and construction of monuments and of structures located within heritage conservation areas

(1) Immovable monuments and structures located within heritage conservation areas may only be conserved, restored or constructed on the basis of a conservation, restoration and construction plan which adheres to the special conditions for heritage conservation. With the approval of the National Heritage Board the basic plan for the construction of the interior space of the structure located within a heritage conservation area may be compiled without the special conditions for heritage conservation.

(2) Monuments or structures located within heritage conservation areas may only be conserved and restored subject to heritage conservation supervision exercised by a responsible specialist or the compiler of the conservation and restoration plan. The procedure for heritage conservation supervision shall be established by a regulation of the Minister of Culture.

(3) The special conditions for heritage conservation shall prescribe the requirements for the study, preservation, conservation, restoration and construction of immovable monuments and structures located within heritage conservation areas. The procedure for the preparation of special conditions for heritage conservation shall be established by a regulation of the Minister of Culture.

(4) Plans for the conservation, restoration and construction of immovable monuments and structures located within heritage conservation areas and special conditions for heritage conservation, excluding special conditions for heritage conservation prepared by the National Heritage Board, and plans for earthwork and construction work involving immovable monuments and structures located within heritage conservation areas shall be approved by the National Heritage Board.

(5) The National Heritage Board shall issue a permit for the commencement of work after approval of the plan for the works referred to in subsection (4) of this section, unless performing the works specified require a written consent of the local government or the Technical Inspectorate or a building permit pursuant to the Building Act. The local government or the Technical Inspectorate shall grant a written consent or a building permit after approval by the National Heritage Board.

(6) The National Heritage Board shall approve the requirements set by the Rescue Board, the Technical Inspectorate and the Health Board concerning monuments and concerning structures located within heritage conservation areas.

(7) Before the commencement of work specified in subsection (4) of this section involving immovable monuments and immovables or structures located within heritage conservation areas, studies shall be conducted at the expense of the person who orders the work.

(8) The conditions and procedure for the preparation of plans for the conservation, restoration and construction of immovable monuments and of structures located within heritage conservation areas and for the conduct of prior studies therein shall be established by a regulation of the Minister of Culture.

(9) Movable monuments may only be conserved and restored on the basis of an action plan for conservation and restoration works. The National Heritage Board shall decide separately for each individual case the need for prior studies, for compilation of an action plan for studies and for heritage conservation supervision.

(10) Action plans for conservation and restoration works of movable monuments and plans related to changes in the conditions for the preservation and use of movable monuments shall be approved by the National Heritage Board.


§ 36. Activity licence

(1) An undertaking, foundation or non-profit association, also the responsible specialist managing the work shall have an activity licence in the following areas of activity:

1) compilation of a conservation and restoration plan for a monument and for a structure located on a site listed as a UNESCO World Heritage Site;

2) compilation of action plans for studies, conservation and restoration work and special conditions for heritage conservation;

3) study which results in alteration of a monument and underwater archaeological research;

4) conservation and restoration of a monument and of a structure located on a site listed as a UNESCO World Heritage Site;

5) exercise of heritage conservation supervision on a monument and within a heritage conservation area;

6) provision of service of organising diving to underwater monuments.

(2) State and local government bodies and legal persons in public law who conduct such work on the basis of law or their statutes, and a natural person who has been granted a profession depending on the type of work do not need an activity licence to conduct the work specified in clauses (1) 1)–5) of this section.

(3) A sole proprietor may act in the areas of activity specified in subsection (1) of this section on the basis of an activity licence of a responsible specialist.

(4) Operating in the areas of activity specified in subsection (1) of this section is allowed only if the undertaking, non-profit association or foundation holding an activity licence has entered into a work management contract with a responsible specialist holding an activity licence;

(5) An activity licence is not required for the following activities involving monuments or structures located within heritage conservation areas:

1) maintenance;

2) repairs;

3) preparation of budgets and calculations;

4) photography;

5) conducting archival and bibliographical research, preparation of historical reviews and certificates;

6) inventory of monuments, structures, and their elements and details.


"§ 37. Application for activity licence

(1) In order to obtain an activity licence, an applicant shall submit an application to the National Heritage Board which sets out the name and contact data of the applicant and the work regarding which the licence is applied for.

(2) If the applicant for the licence is an undertaking, foundation or non-profit association, the following shall be annexed to the application:

1) the registration number of the register of economic activities, if such registration is required, and a copy of the activity licence valid in the field of construction, if such an activity licence is required. The company to be founded shall notify the registration number after the entry of the company in the commercial register;

2) confirmation of the applicant that he or she has entered into a work management contract with a responsible specialist holding an activity licence;

3) the list of work carried out on monuments and within heritage conservation areas and the corresponding reports;

4) document certifying payment of state fee.

(3) If the applicant for an activity licence is a responsible specialist, the following shall be annexed to the application:

1) confirmation of the applicant that he or she has higher education depending on the type of work;

2) confirmation of the applicant that he or she has worked uninterrupted mainly in the relevant area of activity for at least the last four years or has completed an in-service training in a field corresponding to the area of activity applied for;

3) the list of work carried out on monuments and heritage conservation areas and the corresponding reports;

4) document certifying payment of state fee.

(4) If the applicant for an activity licence is a specialist responsible for diving to underwater monuments, the following shall be annexed to the application:

1) confirmation of the applicant that he or she has an internationally recognised diving instructor licence;

2) confirmation of the applicant that he or she has completed a training during which the skills are acquired to dive to an underwater monument without causing damages to it;

3) document certifying payment of state fee."


§ 38. Review of application for an activity licence, issue of activity licences and refusal to issue activity licences

(1) Based on an application, the National Heritage Board shall issue an activity licence for performance of specific work on all sites or on one specific site for an unspecified term.

(2) The National Heritage Board shall not issue an activity licence if the applicant or the application or data or documents annexed to it do not conform to the requirements provided by legislation or the applicant has failed to observe a precept issued during state supervision within the stipulated period and in the prescribed manner.

(3) The National Heritage Board shall review an activity licence application within one month as of submission of the application.

(4) The National Heritage Board shall notify the applicant of the issuing of or the refusal to issue an activity licence within five working days in a format which can be reproduced in writing.


§ 39. Expiry and revocation of activity licences

(1) An activity licence expires in the following cases:

1) an undertaking, foundation or non-profit association terminates its activities;

2) the work management contract with the only responsible specialist in the corresponding field or with the only employee holding the level of the diving instructor expires;

3) internationally recognised diving instructor licence expires.

(2) The National Heritage Board shall revoke an activity licence in the following cases:

1) false information is submitted upon application for the activity licence;

2) the responsible specialist fails to conform to the requirements established in section 37 of this Act;

3) a monument, its details or exterior appearance has been damaged or destroyed in the course of operation in an area of activity;

4) the owner of the activity licence has failed to observe a precept issued during state supervision within the stipulated period and in the prescribed manner.


§ 40. Requirements for conduct of construction and other work

(1) Construction, land improvement, road construction and other work which may endanger a monument shall only be conducted with the permission of the National Heritage Board under conditions which ensure the preservation of the monument, its exterior appearance and the surrounding environment.

 (2)        In the case of work specified in subsection (1) of this section, an applicant for a corresponding permit is required to:

1)         order work which prevents damage to the monument, finance such work and adhere to the requirements established for the conduct thereof;

2)         notify the persons conducting the work of the existence of the monument and restrictions relating thereto.

(3)        Persons conducting work which endangers a monument are responsible for the preservation of the monument when conducting such work and the applicant for the permit is responsible for the performance of the obligation specified in clause (2) 2) of this section.

(4)        Construction and other work shall be documented pursuant to the procedure established by the Minister of Culture.

(5)        An immovable which, according to information held by the National Heritage Board, may yield a hitherto unknown finding of cultural value shall be studied before the commencement of work. The study shall be conducted at the expense of the applicant for the permit.

 

§ 41. Halting of construction and other work

If an archaeological cultural layer, including human bones, which has sedimented as a result of human activity, or a finding of cultural value is discovered in the course of work at a monument, in a heritage conservation area or at any other place, the person who conducts the work is required to halt the work, preserve the place of the finding in an unaltered condition and inform the National Heritage Board and the rural municipality or city government promptly thereof.

(24.03.2004 entered into force 26.04.2004 - RT I 2004, 25, 171))

 

§ 42. Suspension of construction and other work

(1) If things specified in section 41 of this Act are discovered, the National Heritage Board or rural municipality or city government has the right to suspend work for up to two weeks in order to ascertain the necessity of studies or whether the things qualify as monuments.

 (2)        Damage caused by suspension of work shall be compensated for on the conditions and pursuant to the procedure provided by law.

 § 43. Ensuring visibility and observability of monument and heritage conservation area skyline

 Kehtetu


§ 44. Suspension of activities contrary to heritage conservation requirements

The National Heritage Board and rural municipality or city government are required promptly to suspend all work and any activities which may endanger a monument or finding of cultural value or which are otherwise contrary to this Act.

 

Chapter 61

(24.03.2004 entered into force 26.04.2004 - RT I 2004, 25, 171))

Supervision

(24.03.2004 entered into force 26.04.2004 - RT I 2004, 25, 171)


§ 441. Persons exercising state supervision

(1) State supervision over compliance with this Act and requirements established on the basis thereof shall be exercised by the National Heritage Board and rural municipality or city governments according to their competence if the rural municipality or city governments have been granted supervisory competence on the basis of a contract under public law between the National Heritage Board and the local government council.

(2) The National Heritage Board shall cooperate with the Police and Border Guard Board for surveillance of protected areas of underwater monuments.";


§ 442. Precept of official of inspection authority

(1) Upon non-compliance with the requirements provided for in this Act, the supervisory official has the right to issue precepts which set out:

1) the time and place of the issue of the precept;

2) the given name, surname and position of the person who prepares the precept and the name and address of the agency;

3) the given name and surname of the natural person or the name of the legal person to whom the precept is issued;

4) the circumstances which are the basis for the issue of the precept and a reference to the legal basis therefor;

5) the conclusion of the precept in which the obligations of the obligated subject arising from the precept and the terms for the performance thereof are set out;

6) a reference to the possibility of coercive measures being applied upon failure to perform the obligations set out in the precept;

7) the procedure and term for contesting the precept;

8) the signature of the person who prepares the precept.

(2) The supervisory official shall send the precept to the person or the representative thereof by post by a registered letter with advice of delivery or shall serve it on them against signature.

(3) Upon failure to comply with the precept, the person exercising supervision may impose substitutive enforcement or penalty payment pursuant to the procedure provided for by the Substitutive Enforcement and Penalty Payment Act. The upper limit of penalty payment is 1300 euros.


Chapter 7

Liability

(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)

 

§ 45. Damage to or removal of monument signs

(1)        Damage to or removal of a monument sign is punishable by a fine of up to 100 fine units.

(2)        The same act, if committed by a legal person, is punishable by a fine of up to 10 000 kroons.

(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)

§ 46. Violation of requirements related to a finding of cultural value

(1)Not informing of a finding of cultural value, also removing a finding of cultural value or its part from their initial location, also knowingly damaging a finding of cultural value, its part or archaeological cultural layer are punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 2000 euros.

 

§ 461. Using a searching device without permission

Using a searching device without a searching licence issued by the National Heritage Board for the purpose of searching things of cultural value is punishable by a fine of up to 300 fine units.

                               

§ 462. Violation of the prohibition on searching on immovable monuments and in their protected zones

Violation of the prohibition on searching on immovable monuments and in their protected zones is punishable by a fine of up to 300 fine units.

 

§ 47. Violation of requirements for supervision of monuments or structures located within heritage conservation areas

(1)Study of a monument or a structure located within a heritage conservation area without permission, as well as without an approved plan and without heritage conservation supervision exercised by a responsible specialist or the compiler of the plan, and the conservation, restoration or repair thereof without an activity licence are punishable by a fine of up to 300 fine units.

(2)The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

 

§ 471. Violation of requirements for diving to underwater monuments

(1)Diving to underwater monuments without the permission of the National Heritage Board or provision of diving service to underwater monuments without an activity licence is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

 

"§ 48. Damage to or destruction of monuments and of structures located within heritage conservation areas

(1)Damage to or destruction of monuments and of structures located within heritage conservation areas is punishable by a fine of up to 300 fine units.

The same act, if committed by a legal person, is punishable by a fine of up to 32,000 euros.

 

§ 481. Confiscation of a searching device

(1) The National Heritage Board or a court may apply confiscation of a searching device which was the direct object of a misdemeanour provided in sections 46–462 of this Act according to section 83 of the Penal Code.

(2) The procedure for storage, transfer and transfer for destruction of a searching device confiscated according to subsection (1) of this section shall be established by a regulation of the Minister of Culture.

 

§ 49. Proceedings

(1)        The provisions of the General Part of the Penal Code (RT I 2001, 61, 364; 2002, 86, 504; 105, 612; 2003, 4, 22; 83, 557; 90, 601; 2004, 7, 40) and of the Code of Misdemeanour Procedure (RT I 2002, 50, 313; 110, 654; 2003, 26, 156; 83, 557; 88, 590; 593) apply to the misdemeanours provided for in §§ 45–48 of this Act.

(2)        Extra-judicial proceedings concerning the misdemeanours provided for in §§ 45–48 of this Act shall be conducted by:

1)         National Heritage Board

2)         rural municipality or city governments.

(24.03.2004 entered into force 26.04.2004 - RT I 2004, 25, 171)


 Chapter 8

Implementing Provisions

 

§ 50. Revocation of Heritage Conservation Act

The Heritage Conservation Act (RT I 1994, 24, 391; 1996, 49, 953; 86, 1538; 1997, 93, 1559) is repealed.

 

§ 51. Validity of state activity licences for preparation of plans for conservation, restoration or repair of cultural monuments and for conduct of corresponding work

State activity licences for the preparation of plans for the conservation, restoration or repair of cultural monuments and for the conduct of corresponding work which were issued before the entry into force of this Act shall remain valid for the term specified in the licences.

 

§ 52. Amendment of State Fees Act

Clause 19 (2) 4) of the State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 56, 332; 64, 367; 65, 377; 85, 512; 88, 531; 91, 543; 93, 565; 2002, 1, 1; 9, 45; 13, 78; 79; 81; 18, 97; 23, 131; 24, 135; 27, 151; 153; 30, 178; 35, 214; 44, 281; 47, 297; 51, 316; 57, 358; 58, 361; 61, 375; 62, 377; 82, 477; 90, 519; 102, 599; 105, 610; 2003, 4, 20; 13, 68; 15, 84; 85; 20, 118; 21, 128; 23, 146; 25, 153; 154; 26, 156; 160; 51, 352; 66, 449; 68, 461; 71, 471; 78, 527; 79, 530; 81, 545; 88, 589; 591; 2004, 2, 7; 6, 31; 9, 52; 53; 14, 91; 92; 18, 131; 132; 20, 141; 24, 165; 25, 170) is amended and worded as follows:

4)       the National Heritage Board, upon the submission of an application for an entry to be made in the land register concerning encumbrance of an immovable monument with a right of pre-emption;”.

 

§ 53. Amendment of Museums Act

In subsection 21 (2) of the Museums Act (RT I 1996, 83, 1487; 1997, 93, 1559; 2000, 47, 286; 2001, 88, 531; 2002, 27, 153; 53, 336), the words “Heritage Conservation Inspectorate” are replaced by the words “National Heritage Board”.

 

§ 54. Entry into force of Act

This Act enters into force on 1 April 2002.

 

1 RT = Riigi Teataja = State Gazette

2 RTL = Riigi Teatja Lisa = Appendix to the State Gazette