Monument Protection Act (Bremen)
| Basic data | |
|---|---|
| Title: | Law on the maintenance and protection of cultural monuments |
| Short title: | Monument Protection Act |
| Abbreviation: | DSchG |
| Type: | State Law |
| Scope: | Free Hanseatic City of Bremen |
| Legal matter: | Special administrative law , monument protection |
| References : | Sa BremR 2131-a-1 |
| Original version from: | May 27, 1975 ( Brem.GBl. P. 265) |
| Entry into force on: | June 12, 1975 |
| Last revision from: | December 18, 2018 (Brem.GBl. 2018, 631) |
| Entry into force of the new version on: |
December 21, 2018 |
| Weblink: | Text of the DSchG |
| Please note the note on the applicable legal version. | |
The law for the care and protection of cultural relics is for the country City of Bremen issued Monument Protection Act and regulates the monument on the territory of this country. It is one of the monument protection laws in Germany for which the legislative competence for monument protection lies at the level of the federal states .
history
In Bremen, monument protection was first regulated by the law on the protection of architectural monuments and street and landscape images of March 4, 1909. The law against the disfigurement of localities and scenic areas of July 15, 1907 had already been passed. These laws, like the excavation law of March 26, 1914, were repealed by the Bremen Monument Protection Act.
The new version of December 18, 2018 came into force on December 21, 2018. This mainly clarified definitions, procedures of the authorities and the obligations of those affected. In addition, administrative offenses were reorganized and criminal offenses introduced.
General provisions
Monument preservation and monument protection (§ 1) are described as the task of “scientifically researching, caring for, protecting and preserving cultural monuments” and establishing the cooperation between authorities , owners and those authorized to dispose of them for these purposes. Cultural monuments owned by the state and municipalities must take special care of them.
The definitions of terms (§ 2) define cultural monuments that must be preserved in the public interest for historical, scientific, artistic, technological, local or urban planning reasons. These include immovable monuments and groups thereof (ensembles), movable monuments and immovable ground monuments as well as their respective accessories. These cultural monuments are listed as protected cultural monuments (Section 3).
Monument protection authorities (§ 4) are the State Office for the Preservation of Monuments and the State Archeology of Bremen in the area of the city of Bremen and the magistrate of the city of Bremerhaven in their area. The Senator for Culture is the higher monument protection authority.
Monuments authorities (§ 5) are the State Office for Monument Preservation and State Archeology. They are responsible for the preservation of monuments and the scientific recording (see inventory ) and research of the cultural monuments. The heritage authorities are advised by an independent and expert monument council (§ 6), whose members are appointed by the Senator for Culture.
The protected status (§ 7) of a cultural monument is carried out either on its own initiative by communication from the conservation office or by a law regulation of the Senate . It will be published in the official gazette of the Free Hanseatic City of Bremen. The cultural monuments placed under protection are entered for information in a list of monuments, which is published and - supplemented by the monument database - is available on the Internet. The monuments authority can place cultural monuments that are expected to be placed under protection under temporary protection (Section 8). In § 14a the legal basis for the processing of personal data is created.
Immovable ground monuments, such as barrows, stone monuments, Wurten, castle walls, entrenchments, land weirs as well as immovable or movable objects hidden in the ground or in water, remains and traces are subject to Section 3 (2) before the protection provision of Section 10 is placed under protection.
General protection regulations
The owners and other persons entitled to dispose of them are required to look after and preserve the protected cultural monuments, insofar as this is reasonable ( conservation obligation , Section 9). Also be subject to authorization measures (§ 10) and notification requirements for (§ 11) construction faults etc. as well as information and toleration duties determined (§ 13). To ensure the preservation of a protected cultural monument (Section 12), the monument protection authority can set a deadline in which the necessary measures are to be carried out. After the deadline, she can take action herself and invoice the owner for the costs incurred. The public should be given access to cultural monuments (Section 14), if this is possible.
Excavations and finds
Finds (§ 15) of a cultural monument or remains or traces thereof must be reported to the monument authority. Excavations (§ 16) as well as salvage from water require a written approval of the state archeology. Delimited areas in which there are presumably ground monuments can bedeclaredas excavation protectionareasby the upper monument protection authority(Section 17). Movable cultural monuments found are subject to an obligation to temporarily surrender them (Section 18) so that they can be scientifically recorded and researched. Adoptable is no longer to determine movable cultural monuments and those whose owners because of timing, are the country (in certain cases, property treasure trove , § 19).
Expropriation and Compensation
In certain cases, expropriation (Section 20) for the purposes of monument protection is permitted in return for compensation . For other measures requiring compensation (Section 21) that have an expropriating effect, appropriate compensation must also be paid.
Administrative offenses and criminal offenses
Anyone who intentionally or negligently contravenes the obligation to tolerate, does not comply with the obligation to notify and provide information, does not allow a representative of the competent authority to enter or inspect a cultural asset or a site, removes, damages or destroys a cultural monument whose delivery has been requested is an offense ( § 22). Anyone who provides incorrect information or submits incorrect plans or documents to cause a competent authority to act is also an offense. The fine for an administrative offense can be up to one hundred thousand euros and in particularly serious cases up to five hundred thousand euros.
Anyone who acts in accordance with Section 10 without the required permit and damages or destroys a cultural monument is committing a criminal offense (Section 23). This also applies to anyone who acts without a permit in accordance with § 16 or § 17 and thereby damages or destroys a cultural monument of outstanding scientific value or its context. If the offense cannot be punished with a heavy penalty on the basis of other regulations, it can be punished with a prison sentence of up to two years or a fine.
Dependent regulations
The following ordinances have been issued on the basis of the Bremen Monument Protection Act :
- Ordinance on the protection of cultural monuments and the registration and deletion procedure of March 26, 1991
- Ordinance on the composition and activities of the Monument Council of March 26, 1991
Individual evidence
- ^ Monument digital. denkmalpflege.bremen.de, accessed on August 28, 2017 .
- ↑ Cultural Monument Protection Ordinance . Transparency portal Bremen, accessed on April 13, 2016 .
- ↑ Monument Council Ordinance. Transparency portal Bremen, accessed on April 13, 2016 .
