Monument Protection Act (Saarland)
|Title:||Saarland Monument Protection Act|
|Previous title:||Law for the protection and maintenance of cultural monuments in Saarland|
|Legal matter:||Monument protection law , cultural protection law|
|References :||BS Saar No. 224-5|
|Original version from:||October 12, 1977
( Official Journal p. 993)
|Entry into force on:||January 1, 1978|
|Last revision from:||May 19, 2004
(Official Journal p. 1498)
|Entry into force of the
new version on:
|January 1, 2005|
|Last change by:||
Art. 2 G of June 17, 2009
(Official Journal p. 1374)
|Effective date of the
|August 14, 2009
(Art. 3 G of June 17, 2009)
|Expiry:||December 31, 2015
(§ 25 SDSchG)
|Please note the note on the applicable legal version.|
The Saarland Monument Protection Act (SDschG) has been in force since January 1, 2005. It regulates the protection and handling of soil and architectural monuments in the state of Saarland . It is one of the monument protection laws in Germany .
The Saarland Monument Protection Act replaced the “Act for the Protection and Care of Cultural Monuments in Saarland” of October 12, 1977.
Tasks of monument protection and preservation
Monuments are to be protected as evidence of human history and local peculiarities, used sensibly and researched . If possible, they should be made available to the public. Public planning and construction projects are to be coordinated and the interests of the monument are to be included in such a way that the cultural monument is preserved unless other interests predominate.
Cultural monuments are man-made things or parts of them from past and closed epochs , whose preservation for historical , artistic , scientific or urban planning reasons is a public interest . Cultural monuments can be architectural monuments , ground monuments , movable cultural monuments and monument areas .
Architectural monuments can be individual structures or ensembles that are worth preserving in their entirety as a spatial or historical group. The individual parts of the ensemble do not have to be cultural monuments themselves.
A monument also includes its accessories and equipment, green spaces, open spaces and water areas, insofar as they form a unit of monument value with the monument. The subject of monument protection is also the area surrounding a monument, insofar as it is relevant to its appearance.
Change and sale
Architectural monuments must be preserved within reason. They should be used according to their original purpose or in such a form that their protection is guaranteed. Change of use and sale - the latter also applies to permanent ground monuments - must be reported to the state monument authority.
Architectural monuments are only allowed with permission
- destroyed or eliminated,
- moved to another place ,
- changed in their existence,
- changed in their appearance,
- provided with attachments or superstructures, labels or advertising equipment
Ground monuments are movable and immovable cultural monuments that are remnants or traces of human, animal and plant life that are or have been in the ground or on the bottom of a body of water, including paleontological evidence.
Architectural monuments and immovable ground monuments are directly protected by the Saarland Monument Protection Act. Movable cultural monuments are placed under protection by administrative act if they
- have special relationships with the cultural sector of the country,
- represent nationally valuable cultural property or archive material in accordance with the Cultural Property Protection Act,
- represent archives of regional or local history or are essential parts thereof,
- are to be protected on the basis of international recommendations and are not owned by a museum under public law .
Finds of ground monuments must be reported immediately to the state monument authority, the municipality or a monument commissioner. The find and the place where it was found are to be left unchanged for up to six working days after notification and are to be protected from danger, unless the monument authority has previously permitted the work to be continued. The State Monuments Authority and those commissioned by it are entitled to recover finds and temporarily take possession of them for scientific processing . If there is a special public interest in an excavation , property owners and other authorized users can be obliged to permit the excavation. In the case of large construction or development projects, the costs can be imposed on the causer within the framework of what is reasonable . The state can demand the delivery of a find; this is done in return for appropriate compensation .
The Saarland has a limited treasure trove : findings that are abandoned or were so long hidden that you can not be determined more owners are with the discovery of the property of the country if they in government investigations, in excavation protected areas or unauthorized excavations discovered or they have scientific value.
A permit is required if archaeological or paleontological excavations are to be carried out. The economic use of a property or part of a property can be restricted if there are archaeological monuments of scientific or historical importance.
Authorities and institutions
State monument authority
The only monument protection authority in Saarland is the Ministry for the Environment, Energy and Transport as a state monument authority. The state monuments authority has to ensure that cultural monuments are protected, preserved and secured against danger. In contrast to most of the federal states, the administrative structure of monument protection in Saarland is single-stage. There is a state monument office as a monument authority .
Employees and agents of the state monument authority are entitled to enter land and apartments during the day after prior notification, insofar as this is necessary for the implementation of the law.
The state monument authority can call on experts or persons who have knowledge and experience in monument protection and preservation for their support. The latter can be revocably appointed monument commissioners for a period of five years. The tasks of the monument commissioner include, in particular, the observation of events relating to the protection of monuments and the notification of the state monuments authority thereof, as well as the acceptance and forwarding of found reports, support in the registration of cultural monuments and their identification. The monument commissioners work on a voluntary basis , but their expenses can be reimbursed by the state.
State Monument Council
As an advisory body, the state monument authority maintains a monument council . It formulates opinions, suggestions and recommendations and publishes a report on the situation of monument protection and preservation in Saarland at the beginning of each legislative period. The members of the State Monument Council are appointed by the State Monument Authority for a period of five years. Each member of the Monument Council is one representative
- of the Saarland German Association of Towns and Municipalities ,
- according to the joint proposal of the Roman Catholic dioceses of Speyer and Trier ,
- based on a joint proposal by the Evangelical Church in the Rhineland and the Palatinate Regional Church ,
- according to a joint proposal of the Association of House, Apartment and Land Owners of Saarland eV and the working group of landowners in Rhineland-Palatinate and Saarland ,
- the Saarland Chamber of Architects ,
- the Chamber of Crafts of the Saarland,
- based on a joint proposal from the Institute for Regional Studies in Saarland , the Commission for Saarland State History and Folk Research eV and the Historical Association for the Saar Region eV ,
- based on a joint proposal by the Saarland University and the Saarland University of Applied Sciences .
- Up to six other members who have special expertise in the areas of protection and preservation of monuments.
- It is Article 1 of Act No. 1554 on the reorganization of the Saarland Monument Law of May 19, 2004. It was last changed on February 15, 2006.
- Section 10 (5) SDschG