Monument Protection Act (Saxony-Anhalt)
| Basic data | |
|---|---|
| Title: | Monument Protection Act of the State of Saxony-Anhalt |
| Short title: | Monument Protection Act |
| Abbreviation: | DenkmSchG LSA |
| Type: | State Law |
| Scope: | Saxony-Anhalt |
| Legal matter: | Monument protection law , cultural protection law |
| References : | BS LSA 2242.1 |
| Issued on: | October 21, 1991 ( GVBl. LSA p. 368, ber. 1992 p. 310) |
| Entry into force on: | predominantly October 29, 1991 |
| Last change by: |
Art. 2 G of December 20, 2005 (GVBl. LSA p. 769, 801) |
| Effective date of the last change: |
January 1, 2006 (Art. 6 para. 1 G of December 20, 2005) |
| Please note the note on the applicable legal version. | |
The monument protection law of the state of Saxony-Anhalt in the version of October 21, 1991 is the basis of the monument law in the state of Saxony-Anhalt . The law is quoted with the abbreviation DenkmSchG LSA. It is one of the monument protection laws in Germany .
The monument protection law of the state of Saxony-Anhalt defines the concept of monument and the reasons for protection and the protection and maintenance of cultural monuments is anchored.
Definition of cultural monuments
Basically, a cultural monument is an objective testimony to human life, which comes from a bygone era and which, because of its special historical significance, should be preserved for the general public. In the Monument Protection Act, the concept of a cultural monument is the generic term for the various types of monuments that are more precisely defined in Section 2, Paragraph 2 of the DenkmSchG LSA.
Architectural monuments
Architectural monuments are structures or parts of them, such as buildings and other structures, but also gardens , parks or cemeteries and other parts of the landscape that have been changed by human influence. The inventory (equipment, accessories) of these cultural monuments is to be treated like this under monument law.
Monument areas
Monument areas are cultural monuments that consist of several structures, such as assemblies, ensembles or complete systems. Old towns, for example, are typically protected as monument areas. The term also includes city plans and silhouettes , townscapes , settlements, streets and more.
Archaeological cultural monuments
This generic term includes all archaeologically significant remains of objects, structures and living beings that have been preserved in the bog , in the water or in the ground, for example: burial grounds , production facilities, fortifications but also paleontological monuments.
Archaeological area monuments
Archaeological area monuments are areas in which there is an extensive connection between several archaeological cultural monuments.
Movable cultural monuments
Movable cultural monuments and archaeological finds include, for example, vessels , jewelry , tools or weapons, but also machines and means of transport, such as the DR 18 201 express steam locomotive .
Small monuments
Milestones , obelisks , stone crosses , boundary stones and similar objects can be small monuments.
Authorities and their tasks
Supreme Monument Authority
The highest monument authority is the State Chancellery of Saxony-Anhalt . It exercises the technical supervision over the upper monument protection authority. The highest monument authority can convene a monument council in consultation with the monument specialist office . This is entitled to make recommendations when making fundamental decisions.
Furthermore, the highest monument authority can give registered associations or other legal persons, provided they guarantee reliable execution, a license to carry out tasks in the monument area.
Upper monument protection authority
The upper monument protection authority is the state administration office of Saxony-Anhalt . It exercises the technical supervision over the lower monument protection authorities. As a licensing authority, it also decides on the destruction of cultural monuments.
Lower monument protection authorities
Cities and municipalities that perform the tasks of the lower building supervision authorities, as well as districts and urban districts, perform the function of the lower monument protection authorities.
Church building authorities and cultural foundations can, upon application to the highest monument protection authority, assume the function of the lower monument protection authority for the objects they look after. The Diocese of Magdeburg , the Kulturstiftung Sachsen-Anhalt and the Kulturstiftung Dessau-Wörlitz took advantage of this opportunity .
In total there are 22 lower monument protection authorities in Saxony-Anhalt.
The lower monument protection authorities can appoint volunteers in consultation with the monument specialist office.
Monument Department
Until January 1, 2004 in Saxony-Anhalt and for that existed Baudenkmalpflege your service office that State Conservation Office , and one for the archaeological monuments . The latter was merged with the State Museum for Prehistory in Halle in 1997 . All of these institutions now together form the monument specialist office under the name State Office for Monument Preservation and Archeology (State Museum for Prehistory) . It reports directly to the Ministry of Culture.
The tasks of the monument specialist office are, among other things, the creation and management of a monument register as well as the preparation of expert reports and statements. The Department of Monuments and Sites also organizes excavations and is responsible for restoration and conservation measures. Additional tasks are explained in the legal text.
The monument specialist office is divided into five departments: Administration; Building / art monument maintenance; comprehensive specialist services in archives, libraries and collections; Ground monument maintenance; State Museum.
Protection and conservation
Conservation obligation
Owners , owners and those responsible for cultural monuments are obliged to maintain, maintain, repair and protect the monuments in accordance with the recognized principles of monument preservation. Furthermore, the accessibility of the cultural monuments for the public should be guaranteed as far as is reasonable.
Measures requiring approval
In order to ensure the preservation goal, all construction and modification measures may only be carried out if they have been approved in advance by the responsible monument authority. This expresses the preventive character of the Monument Protection Act. Measures that require approval include repairs, redesigns or changes to the cultural monument as well as changes in use, removal from the site and the destruction of the monument.
Furthermore, earthworks and construction work in areas in which cultural monuments can be expected must be approved. Research into such cultural monuments also requires a permit.
A permit loses its validity three years after the date of issue if it is not used within this period.
Treasure shelf and delivery obligation
Saxony-Anhalt is one of the countries that have a treasure shelf in the Monument Protection Act: Finds that are recovered during state research (excavations), as well as finds from so-called excavation protection areas, are the property of the state if they are found. The same applies to finds of particular value. The competent authority can claim the find up to six months after the discovery. However, the finder is paid a reward based on the value of the find.
List of monuments
The monument register is based on the information principle, i. This means that the protection of the monuments already exists legally through the law and an entry in the register for the protection of monuments is not the necessary requirement. The Monument Specialist Office creates separate lists for the known monuments of building and art monument preservation, movable cultural monuments, archaeological cultural monuments and excavation protection areas. The lists can be viewed by anyone. The list of movable cultural monuments is an exception here. This may only be viewed by the owners or other authorized persons.
literature
- Dieter Martin u. a .: Monument Protection Act of the State of Saxony-Anhalt: (DenkmSchG LSA); Comment. - Wiesbaden: Kommunal- und Schul-Verlag, 2001. - ISBN 3-8293-0539-7
Web links
- Current version on the website of the State Office for Monument Preservation and Archeology (State Museum of Prehistory)
- State Office for Monument Preservation and Archeology Saxony-Anhalt
Individual evidence
- ↑ Monument Protection Act of the State of Saxony-Anhalt of October 21, 1991 (GVBl. LSA p.368), last amended by Article 2 of the Third Investment Facilitation Act of December 20, 2005 (GVBl. LSA p.769)
- ↑ Section 2, Paragraph 2, Number 1, DenkmSchG LSA
- ↑ Section 2, Paragraph 2, Number 2 of the DenkmSchG LSA
- ↑ Section 2, Paragraph 2, Number 3, DenkmSchG LSA
- ↑ Section 2, Paragraph 2, Number 4, DenkmSchG LSA
- ↑ Section 2, Paragraph 2, Number 5, DenkmSchG LSA
- ↑ Section 2, Paragraph 2, Number 6, DenkmSchG LSA
- ↑ § 3 DenkmSchG LSA
- ↑ § 6 Abs. 3–5 DenkmSchG LSA
- ↑ § 7 DenkmSchG LSA
- ↑ Section 4 (2) of the DenkmSchG LSA
- ↑ Section 14 (10) of the DenkmSchG LSA
- ↑ Section 4, Paragraph 3 of the DenkmSchG LSA
- ↑ Section 4 (4) of the DenkmSchG LSA
- ↑ List of the lower monument protection authorities on the homepage of the State Office for Monument Preservation and Archeology (State Museum for Prehistory) ( Memento of the original from January 20, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ § 6 Abs. 1 DenkmSchG LSA
- ↑ a b Homepage of the State Office for Monument Preservation and Archeology (State Museum of Prehistory)
- ↑ § 5 DenkmSchG LSA
- ↑ Section 5 (2) of the DenkmSchG LSA
- ↑ Section 9 (2) of the DenkmSchG LSA
- ↑ Section 14 (1) of the DenkmSchG LSA
- ↑ § 14 Abs. 3 - 4 DenkmSchG LSA
- ↑ § 14 Abs. 7 DenkmSchG LSA
- ↑ § 12 DenkmSchG LSA
- ↑ § 18 DenkmSchG LSA
