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4 AVRIL 2014. - Subaquatic Cultural Heritage Protection Act (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act and its enforcement orders, the following means:
1° discoveries: any discovery of traces of human existence with a cultural, historical or archaeological character that are immersed, partially or totally, periodically or permanently, including:
(a) sites, structures, buildings, objects and human remains, as well as their archaeological and natural context;
(b) vessels, aircraft, other vehicles or any part thereof, with their cargo or other contents, as well as their archaeological and natural context;
(c) prehistoric objects;
and whose person discovering them has good reason to believe that this is a subaquatic cultural heritage, not yet registered in accordance with Article 7;
2° ships and state aircraft: warships and other vessels or aircraft, which belonged to or operated under its control, were exclusively used, at the time they fell, for non-commercial public service, that are identified as such and that meet the definition of subaquatic cultural heritage;
3° author of discovery: the physical person who reported discovery in accordance with Article 5 § 1^er;
4th Convention: the Convention on the Protection of Subaquatic Cultural Heritage, adopted in Paris on 2 November 2001;
5° the Minister: the Minister with subaquatic cultural heritage;
6° UNESCO: United Nations Educational, Scientific and Cultural Organization;
7° intervention: activity that is primarily intended for subaquatic cultural heritage and is likely to materially impair or cause any other damage, directly or indirectly.
Art. 3. This Act applies to:
1° discovered within the limits of the Belgian territorial sea;
2° discoveries in the exclusive Belgian economic zone and on the continental shelf that have been immersed for at least 100 years.
Art. 4. This Act does not apply to:
1° wrecks and wrecks within the scope of the International Convention on the Removal of wrecks, adopted in Nairobi on 18 May 2007;
2° pipelines and cables on the seabed;
3° facilities other than pipelines or cables, placed on the seabed and still in use.
Art. 5. § 1^er. Anyone who makes a discovery in the territorial sea or the exclusive economic zone or on the continental shelf must report his discovery without delay to the Receiver for the Subaquatic Cultural Heritage designated by the King. Notifications are made electronically and the King determines the elements to be reported.
§ 2. The discoveries referred to in § 1^er become the property of the Belgian State, at the time of notification of discovery in accordance with § 1^er.
Derogation from paragraph 1^era State ship or aircraft or any part thereof shall remain the property of the State that owned it at the time of the shipwreck. The recipient of the subaquatic cultural heritage consults the State of the flag of the ship or state aircraft for their protection.
§ 3. Discoveries of human remains will be treated with respect.
Art. 6. § 1^er. Any intentional rise of discoveries on the surface is prohibited without prior authorization from the Receiver for Subaquatic Cultural Heritage.
§ 2. Any intervention on a State vessel or aircraft is prohibited without authorization from the flag State.
Derogation from paragraph 1^er, the receiver of the subaquatic cultural heritage may authorize interventions on a ship or state aircraft, if necessary, prior to consultation with the flag State, if it considers that appropriate measures must be taken in the event of an immediate danger due to human activity or another cause, including looting.
Art. 7. The Receiver for Subaquatic Cultural Heritage maintains an electronic record of the discoveries reported in accordance with Article 5, § 1^er, which can be consulted by everyone. In this register may also include discoveries made prior to the coming into force of this Act.
By derogation from paragraph 1st, discoveries for which disclosure of information may involve a danger or risk to their preservation are not included in the registry.
The King shall determine the terms and conditions for the record of discoveries referred to in paragraph 1^er.
Art. 8. § 1^er. The recipient of the subaquatic cultural heritage shall prepare an investigation report on the discoveries reported in accordance with Article 5, § 1^erin which it provides a reasoned opinion to the Minister on whether the discovery can be considered a subaquatic cultural heritage.
Following the opinion of the Receiver for Subaquatic Cultural Heritage referred to in paragraph 1^er, the Minister decides whether the discoveries reported in accordance with Article 5, § 1^erare considered a subaquatic cultural heritage.
To prepare the investigation report referred to in paragraph 1^er, on the discoveries referred to in Article 3, 2°, the Receiver shall, if any, consult with the State which made the declaration referred to in Article 9.5 of the Convention to Belgium.
§ 2. If the Minister decides that the discovery reported in accordance with Article 5, § 1^er, is not considered a subaquatic cultural heritage, the property of the notified discovery in accordance with Article 5 § 1^er, is transferred to the author of the discovery, without prejudice to Article 5, § 2, paragraph 2.
If the property of the discovery is transferred in accordance with paragraph 1^erArticle 6, § 1^er, no longer applies.
§ 3. After the advice of the Consultative Commission referred to in Article 5bis, § 3, of the Act of 20 January 1999 concerning the protection of the marine environment and the organization of the development of the marine spaces under the jurisdiction of Belgium, the King can protect the subaquatic cultural heritage in situ and take the necessary measures, both individually and regulatory in order to preserve it, with an assessment of the possible impact of these measures on the surrounding activities
In situ protection referred to in paragraph 1^er is preferable to the authorization or implementation of intervention on subaquatic cultural heritage. Interventions on in situ protected subaquatic cultural heritage can only be undertaken after the Receiver's permission. When issuing such authorization, the Receiver shall take into account the rules set out in the Annex to the Convention.
If subaquatic cultural heritage is protected in situ in accordance with paragraph 1^er the provisions of sections 10, 11, 12 and 13 do not apply.
§ 4. Where subaquatic cultural heritage is not protected in situ in accordance with § 3, articles 10, 11, 12 and 13 are applicable. Having the right of the property is obliged to store, preserve and protect the subaquatic cultural heritage for its long-term conservation.
Art. 9. The recipient of the subaquatic cultural heritage makes public the subaquatic cultural heritage via a website accessible to all.
The recipient of the subaquatic cultural heritage informs the UNESCO Director General of the subaquatic cultural heritage.
Art. 10. If a natural or legal person proves within nine months of the publication of subaquatic cultural heritage in accordance with Article 9, paragraph 1^er, that she was the owner of the subaquatic cultural heritage at the time of the shipwreck, she may claim the right to property. The title is provided to the Receiver.
Without prejudice to Article 12, paragraph 1^er, the King may transfer property of subaquatic cultural heritage to the natural or legal person referred to in paragraph 1^er, after it has reimbursed the costs incurred for the preservation of the subaquatic cultural heritage.
Art. 11. If a public administration, a public interest agency or an accredited museum report within nine months of the publication of subaquatic cultural heritage in accordance with Article 9, paragraph 1^er, whether they wish to become the owner of the subaquatic cultural heritage, the King may transfer the property of the subaquatic cultural heritage to the public administration, the public interest agency or the accredited museum after they have reimbursed the costs incurred for the preservation of the subaquatic cultural heritage. The notification is sent to the Receiver.
The date on which the 9-month period referred to in 10, paragraph 1 begins^erand section 11 is specified in the publication referred to in paragraph 1^er.
Art. 12. If a natural or legal person proves in accordance with Article 10, paragraph 1^er, whether it is the owner of the subaquatic cultural heritage and if a public administration, public interest agency or an accredited museum indicate that they wish to become a owner in accordance with Article 11, the King may transfer the property to the public administration, the public interest agency or the registered museum after they have compensated the natural or legal person to the value of the subaquatic cultural heritage, whose amount is fixed. The evidence of the common agreement must be presented to the Receiver.
In case of disagreement on the amount of compensation referred to in paragraph 1^er, the King may transfer the property to the natural or legal person in accordance with Article 10, paragraph 2.
Art. 13. If the subaquatic cultural heritage is not claimed by a natural or legal person in accordance with Article 10, paragraph 1^er, and if no public administration, no public interest agency or any approved museum wishes to become the owner of the subaquatic cultural heritage in accordance with Article 11, the King may transfer the property to the author of the discovery.
The discoverer may refuse the transfer of property referred to in paragraph 1^er.
Art. 14. At the end of the 9-month period referred to in section 10, paragraph 1^erand Article 11, paragraph 1^er, the Receiver makes a proposal to the Minister regarding the application of articles 10 to 13 included.
Art. 15. It is prohibited to hold or sell discoveries obtained not in accordance with this Act.
Art. 16. Vessels authorized to beat Belgian flag may not be used for interventions contrary to the convention.
Art. 17. Offences to the provisions of this Act or its enforcement orders are punishable by imprisonment from eight days to two years and a fine of between twenty-six and five hundred euros or only one of these penalties.
Offences to the provisions of this Act or its enforcement orders relating to a State ship or aircraft shall be punished by imprisonment from one month to five years and a fine of between twenty-six and five hundred euros.
Art. 18. The discoveries that have not been reported in accordance with Article 5, § 1^er, and which were obtained or sold illegitimately, are confiscated.
Art. 19. The provisions of Book I^er the Criminal Code, including Chapter VII and Article 85, shall apply to offences referred to in Article 17.
Art. 20. The Act of 9 April 2007 on the discovery and protection of wrecks is repealed.
Art. 21. The King shall determine the effective date of this Act.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 April 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Economy, Consumers and the North Sea,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of Social Affairs and Public Health
Ms. L. ONKELINX
The Secretary of State for Science Policy,
PH. COURARD
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2013-2014.
House of Representatives:
Documents - Bill, No. 53-3397/1. - Report made on behalf of the commission, No. 53-3397/2. - Text adopted in plenary and transmitted to the Senate, No. 53-3397/3.
Full report - March 19 and 20, 2014.
Senate:
Documents - Project referred to by the Senate, No. 5-2273/1. Report made on behalf of the Commission, No. 5-2273/2. - Decision not to amend, No. 5-2273/3.
Annales du Senate - March 27, 2014.