Monument Protection Act (Brandenburg)
| Basic data | |
|---|---|
| Title: | Law on the protection and maintenance of monuments in the state of Brandenburg |
| Short title: | Brandenburg Monument Protection Act |
| Abbreviation: | BbgDSchG |
| Type: | State Law |
| Scope: | Brandenburg |
| Legal matter: | Monument protection , cultural protection law |
| References : | Bravors |
| Issued on: | May 24, 2004 ( Journal of Laws p. 215) |
| Entry into force on: | August 1, 2004 |
| Please note the note on the applicable legal version. | |
The law on the protection and maintenance of monuments in the state of Brandenburg is the monument protection law enacted for the state of Brandenburg and regulates the protection of monuments in the area of this state. It is one of the monument protection laws in Germany .
history
In the state of Brandenburg, the following applies to monument protection:
- from 1989 to 1991 according to Art. 9 para. 1 of the Unification Treaty the law for the preservation of monuments in the GDR of June 19, 1975, see Monument protection in the GDR
- from August 22, 1991 to July 31, 2004 the Brandenburg Monument Protection Act of July 22, 1991
When the law of May 24, 2004 came into force, the following were repealed:
- the Ordinance on the List of Monuments of April 30, 1992
- the ordinance on the tasks and powers of the advisory board and the representatives of the monument protection authorities of May 11, 1992
General rules
In the principles (§ 1), a general obligation to protect, preserve, maintain and research monuments is set up. In addition, the state, the municipalities and associations of municipalities , authorities , etc. are particularly obliged to give their support to the goals of monument protection. Finally, the monument authorities are instructed to work towards an appropriate participation of the monument protection in planning projects. The needs of disabled people must also be taken into account.
The definitions of terms (§ 2) initially define monuments in general as "things, majorities of things or parts of things, in the preservation of which there is a public interest because of their historical, scientific, technical, artistic, urban or folklore significance." Furthermore, architectural monuments, technical monuments, garden monuments, monument areas, movable monuments and ground monuments are specified as types of monuments. The environmental protection of a monument is also defined.
Monuments must be entered for information in a list of monuments (§ 3). Movable monuments are entered in the inventories of museums and collections. Furthermore, more detailed provisions are made on the management of the list of monuments and their content. In addition, the notification of the owners is regulated and the inspection of the list of monuments is permitted for everyone. The monument quality of a monument is determined by the monument authority through an administrative act after it has been entered in the list of monuments .
The municipalities can place monument areas (§ 4) under protection by statute in consultation with the monument authority. The statutes can be placed under protection by a regulatory order of the monument protection authority.
By ordinance of the state government , certain areas with suspected soil monuments can be declared excavation protection areas (§ 5). The municipalities are authorized to draw up monument conservation plans (Section 6) in which a planning and action concept for the preservation and use of the monuments is specified.
Protection provisions
The obligation to preserve monuments (Section 7) is pronounced for those entitled to dispose of monuments and more detailed provisions are made on their use and the reasonableness of interventions in the monument. A right of those affected to advice is also established. The measures taken by the monument protection authorities (Section 8) to protect the monument are specified in more detail. In addition, sanctions are established against those who damage or impair monuments. The measures requiring a permit (Section 9) include a. the destruction, removal or relocation of a monument.
Anyone who wants to carry out research (Section 10) for soil monuments requires the permission of the monument authority. Finds (§ 11) must be reported to the monument authority immediately. Adoptable monuments be due to the treasurer shelf (§ 12) owned by the state. The persons entitled to dispose are obliged to notify (§ 13) of damage and defects to the monument. Furthermore, the obligation to provide information and the right of access (§ 14) are regulated. They also have to tolerate the marking of the monuments (§ 15).
organization
Lower monument protection authorities (Section 16) are the districts and independent cities as well as the Prussian Palaces and Gardens Foundation Berlin-Brandenburg for the facilities it manages. The highest monument protection authority is the responsible ministry. The Brandenburg State Office for the Preservation of Monuments and the State Archaeological Museum is a monument authority (Section 17), whose tasks are determined in detail. In addition, a voluntary advisory board and representative for the preservation of monuments (§ 18) is appointed.
Procedural provisions
The licensing procedure (§ 19) for a license according to § 9 is initiated by an application and processed between the individual authorities. The building supervisory authority decides on projects requiring approval under building regulations (Section 20) in consultation with the monument protection authority. In the case of monuments that serve the practice of religion (Section 21), the churches and religious communities are to be involved. Finally, the fees and certificates for tax purposes (§ 22) are regulated.
Expropriation and compensation, compensation
For the purposes of monument protection, expropriation (Section 23) is permitted under certain circumstances . If administrative acts or other measures under this Act lead to an unreasonable burden, compensation (Section 24) in cash is provided. For this purpose, authorized and obligated parties (§ 25) are named.
literature
- Andreas Schneider: Brandenburg Monument Protection Act (BbgDSchG) - Comment. Wiesbaden 2nd edition 2008. ISBN 978-3-8293-0810-6
