Key Benefits:
ACT
of 23 July 2003
o protection of monuments and protection of monuments 1)
Chapter 1
General provisions
Article 1. [ Substantive Scope] The Act lays down the subject matter, scope and forms of protection of monuments and the care of them, rules for the creation of a national monument protection program and care for monuments and financing of conservation works, restoration and construction works in the monument, and The organisation of monument protection authorities.
Article 2. [ Non-infringement of separate provisions] 1. The Act does not affect, in particular, the provisions on museums, libraries, Polish language, Environmental law, nature protection, real estate management, planning and spatial planning, Building Law, data protection personal information and protection of classified information.
2. The protection of archival materials forming part of the national archival resource shall be governed by the provisions of the Act of 14 July 1983. about the national archival resource and archives (Dz. U. of 2011 r. #123, pos. 698 and No. 171, pos. 1016 and of 2014 items 822), taking into account the provisions of Chapter 2a.
Article 3. [ Definitions] The terms used in the Act shall mean:
1) landmark-immovable property or movable property, their parts or teams, which are the work of man or associated with his activity and constituting a certificate of past age or an event whose conduct is in the social interest due to the possessed historical, artistic or scientific value;
2) the immovable property-immovable property, its part or complex of immovable property referred to in point 1;
3) a movable monument-a movable property, its part or a set of movable items referred to in point 1;
4) an archaeological monument-an immovable monument which is a superficial, underground or underwater life of human existence and activity, composed of cultural tiered and the creations, or traces of it, or a moving monument, which is the product;
5) the institution of culture specialized in the care of the monument-the institution of culture within the meaning of the regulations on organizing and conducting cultural activities, the statutory object of which is to exercise the care of the monuments;
6) conservation works-activities aimed at securing and perpetuating the substance of the monument, inhibiting the processes of its destruction and documenting these activities;
7) restoration works-activities aimed at exposing the artistic and aesthetic values of the monument, including, if necessary, the replenishing or reproduction of its parts, and documenting these activities;
8) construction works-construction works within the meaning of the provisions of the Building Law, taken at the monument or in the surroundings of the monument;
9) conservation research-activities aimed at recognizing the history and function of the monument, determining the materials used for its execution and the technologies used, determination of the state of preservation of this monument and development of diagnosis, design and a programme of conservation work and, if necessary, also a programme of restaurant work;
10) architectural research-activities interfering with the substance of the monument, aimed at recognizing and documenting the original form of the construction object and determining the scope of its successive transformations;
11) archaeological research-activities aimed at discovering, recognizing, documenting and securing an archaeological monument;
12) historical urban layout or ruralist-spatial urban or rural establishment, containing building teams, individual buildings and forms of designed greenery, arranged in the arrangement of historical ownership divisions and functional, including streets or road networks;
13) historical construction team-associated spatial group of buildings extracted due to the architectural form, style, materials used, function, time of uprising or association with historical events;
14) cultural landscape-the space perceived by people, containing elements of natural elements and the creation of civilizations, historically shaped as a result of natural factors and human activities;
15) surroundings-the area around or near the monument designated in the decision on the entry of this area to the register of monuments in order to protect the value of the visible monument and its protection against the harmful effects of external factors.
Article 4. [ Some actions to protect monuments] The protection of monuments shall consist, in particular, on the taking of action by the authorities of the public in order to:
1) to provide legal, organisational and financial conditions for the permanent preservation of monuments and their management and maintenance;
2) preventing threats likely to cause a loss to the value of monuments;
3) thwart the destruction and improper use of monuments;
4) counteract the theft, disappearance or illegal export of monuments abroad;
5) control of the state of preservation and destination of monuments;
6) take into account protective tasks in spatial planning and development and in the shaping of the environment.
Article 5. [ Ways to take care of the monument] The care of the landmark by its owner or holder shall consist, in particular, of the provision of conditions:
1) scientific research and documentation of the monument;
2) carrying out conservation works, restaurateurs and construction works at the monument;
3) the security and maintenance of the monument and its surroundings in the best condition;
4) use of the monument in such a way as to ensure the permanent preservation of its value;
5) popularizing and disseminating knowledge about the monument and its importance for history and culture.
Article 6. [ Monuments subject to mandatory protection] 1. The protection and care shall be subject, irrespective of the state of conduct:
1. stationary monuments, which are, in particular:
(a) cultural landscapes,
(b) urban planning, ruralist and construction teams,
(c) works of architecture and construction,
(d) works of defence construction,
(e) techniques, in particular mines, smelters, power plants and other industrial plants,
(f) cemeteries,
(g) parks, gardens and other forms of green design,
(h) places commemorating the historical events or the activities of eminent persons or institutions;
2. movable monuments, which are, in particular:
(a) works of arts, crafts, arts and utility art,
(b) collections which constitute collections of objects collected and ordered according to the concept of the persons who created these collections,
(c) numismies and historical souvenirs, and especially militarians, tandarys, seals, badges, medals and orderlies,
(d) technology products and, in particular, equipment, means of transport and machinery and tools providing material culture, characteristic of former and new forms of economy, documenting the level of science and development of civilisation,
(e) the library materials referred to in Article 5 of the Act of 27 June 1997. about libraries (Dz. U. 2012 r. items 642 and 908 and 2013 items 829),
(f) musical instruments,
(g) works of folk art and handicrafts and other ethnographic objects,
(h) items commemorating the historical events or the activities of eminent persons or institutions;
3) archaeological monuments being, in particular:
(a) the remains of a prayerful and historical settlement,
(b) cemeteries,
(c) Kurhanami,
(d) relics of economic, religious and artistic activities.
2. The protection may be subject to geographical, historical or traditional names of the building object, square, street or settlement unit.
Chapter 2
Forms and means of protection of monuments
Article 7. [ Forms of protection of monuments] The conservation forms of monuments are:
1) entry in the register of monuments;
2) recognition as a monument to history;
3) establishment of a cultural park;
4) the determination of the protection in the local spatial development plan or in the decision to determine the location of the investment of the public target, the decision on the conditions of the construction, the decision to allow the implementation of the road investment, the decision to establish the location of the railway line or the decision to allow the implementation of the investment in the field of public service aerodrome.
Article 8. [ Register of Monuments] The register of monuments, hereinafter referred to as "the register", for monuments located on the territory of the voivodship runs the provincial monument conservator.
Article 9. [ Base of entry in the register of a real-estate monument] 1. An immovable monument shall be entered in the register on the basis of a decision issued by the voivodship conservator from the office or at the request of the owner of the immovable property or the perpetual user of the land on which the stationary monument is located.
2. In the mode specified in paragraph. 1, the register may also be entered in the surroundings of the monument inscribed in the register, as well as the name of the geographical, historical or traditional of this monument.
3. The entry in the register of the historical urban layout, ruralist or historical construction team does not exclude the possibility of issuing the decision on entry to the register of these systems or of the complex of immovable property.
4. The entry of a real-estate monument to the register shall be disclosed in the register of the perpetual property of the property at the request of the voivodship conservator, on the basis of the decision of entry in the register of this monument.
5. The decision on the entry of the real-estate monument to the register, at the request of the voivodship of the conservator of monuments, forms the basis of the entry in the cadaster
6. At the request of the voivodship conservator, the information on the entry of the immovable monument to the register is published in the voivodship of the official journal.
7. Entries referred to in paragraph. 4 and 5, they are free of charge.
Article 10. [ Basis for entry in the register of a movable monument] 1. A movable monument shall be entered in the register on the basis of a decision issued by the provincial monument conservator at the request of the owner of this monument.
2. Provincial conservator may issue a decision on the entry of a movable monument to the register in case of justified concern for the destruction, damage or illegal export of the monument to the register or for the export of an exceptional monument abroad. historical, artistic or scientific values.
Article 11. [ Monuments not subject to registration] The register shall not be entered in the museum's inventory or national library asset.
Article 12. [ informational character] 1. The Starosta, in agreement with the voivodship conservator, may place a mark on the register of immovable property inscribed in the register informing the fact that the monument is protected.
2. The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the design and dimensions of the mark referred to in paragraph 1. 1.
3. The Regulation should determine the graphic form of the mark, distinguishing between the other signs, taking into account the pattern used so far, and the written information that the given object is a landmark and is protected.
Article 13. [ Conditions of deletion from the register] 1. Zabytek entered in a register which has been destroyed in a degree resulting in the loss of its historical, artistic or scientific value or whose value as the basis for the decision on entry to the register has not been confirmed in the new scientific findings, shall be deleted from the register.
2. Paragraph Recipe 1 shall apply to the deletion from the register of the part of the monument.
3. From the register the surroundings of the monument shall be deleted, in the case of the deletion from the register of this monument.
4. From the register, the monument shall also be deleted, which:
1) (repealed);
2) has been entered into the museum's inventory;
3) entered into the national library resource.
5. The deletion from the register shall be made on the basis of the decision of the minister competent for the affairs of culture and the protection of national heritage.
6. The procedure for the removal of a monument from the register shall be initiated from the public office or at the request of the owner of the monument or the perpetual user of the land on which the immovable monument is situated.
Article 14. [ Strikethrough from the register of information on the entry of the property into the register of monuments] 1. On the basis of the decision to delete the landmark from the register, the voivodship of the conservator shall request the deletion from the register of the perpetual entry referred to in art. 9 ust. 4.
2. On the basis of the decision to delete the immovable property from the register, the voivodship of the conservator shall request the deletion from the property cadastre of the entry referred to in art. 9 ust. 5.
3. At the request of the voivodeship conservator, the information about the deletion of the immovable property from the register shall be published in the voivodship of the official journal.
4. The deletion referred to in paragraph 1 shall be deleted. 1 and 2, are free of charge.
Article 15. [ Recognition of the monument behind the monument of history] 1. The President of the Republic of Poland, at the request of the minister competent for culture and the protection of the national heritage, by means of the regulation, may recognize as a monument of history the immovable property entered in the register or a cultural park of particular values for culture, specifying its boundaries.
2. The Minister for Culture and Protection of the National Heritage may submit the application referred to in the paragraph. 1, after obtaining the opinion of the Council of Monuments Conservation.
3. Withdrawal of the recognition of a landmark as a monument to history shall take place in the mode prescribed for its recognition.
4. The Minister for Culture and Protection of the National Heritage may present to the World Heritage Committee an application for the entry of the monument of history to the "World Heritage List" in order to cover this monument protection under the Convention in on the protection of the world's cultural and natural heritage adopted in Paris on 16 November 1972. (Dz. U. of 1976. Nr 32, pos. 190 and 191).
Article 16. [ Cultural Park] 1. The municipal council, after consulting the voivodeship of the conservator of monuments, on the basis of a resolution, may set up a cultural park in order to protect the cultural landscape and preserve the distinctive landscaped areas with immovable property characteristic of the local building and settlement tradition.
1a. The Council of the municipality announces in the local press and by the notice, and in the manner customarily adopted in a given locality, about taking the work on the creation of a cultural park, specifying the form, place and deadline for the submission of proposals for the project a resolution on the creation of a cultural park, however, not less than 21 days from the day of the announcement.
2. The Uchwała determines the name of the cultural park, its borders, the way of protection, as well as the prohibitions and restrictions referred to in art. 17 para. 1.
The 3rd Wójt (mayor, president of the city), in agreement with the voivodship conservator of monuments, draws up a plan to protect the cultural park, which requires approval by the municipal council.
4. In order to carry out the tasks related to the protection of the cultural park the municipal council may set up an organizational unit for the management of the park.
5. Cultural park crossing the boundaries of the commune can be formed and managed on the basis of the compliant resolutions of the municipalities (the association of municipalities) on the territory of which this park is to be created.
6. A compulsory local zoning plan shall be drawn up for the areas on which the cultural park is established.
Article 17. [ Prohibitions and restrictions on the grounds of the cultural park] 1. In the territory of a cultural park or part of it, prohibitions and restrictions may be established concerning:
1) carrying out construction works and industrial, agricultural, breeding, trade or service activities;
2) changes in the use of immovable property;
3) affixing plates, inscriptions, advertisements and other signs unrelated to the protection of the cultural park, with the exception of traffic signs and signs related to the protection of order and public safety, subject to art. 12 (1) 1;
(3a) the principles and conditions for the situation of small architecture objects;
4) storage or storage of waste.
2. In the event of a restriction on the use of immovable property as a result of the establishment of the prohibitions and restrictions referred to in paragraph. 1, the provisions of Article 1 shall apply mutatis mutandis. 131-134 of the Act of 27 April 2001. -Environmental law (Dz. U. of 2013 r. items 1232, as of late. zm.).
Article 18. [ Inclusion of monument protection in spatial planning activities] 1. The protection of monuments and the preservation of monuments shall be taken into account in the drawing up and updating of the spatial planning concept of the country, the strategy of development of voivodships, plans for zoning of voivodships, zoning plan spatial planning, territorial and exclusive economic zones, analyses and studies in the field of spatial development of the district, the development strategy of communes, the study of determinants and directions of spatial development municipalities and local zoning plans or decisions about establishing the location of the public target investment, the decision on the conditions of the construction, the decision to allow for the implementation of the road investment, the decision to establish the location of the railway line or the decision to allow the implementation of the investment in the field of the airport public use.
2. In the concepts, strategies, analyses, plans and studios referred to in paragraph. 1, in particular:
1) the national programme for the protection of monuments and the care of monuments shall be taken into account;
2) define the solutions necessary to prevent threats to monuments, provide them with protection in the implementation of investments and restore the sights to the best possible condition;
3. the purpose and use of land use shall be determined taking into account the care of the landmarks.
Article 19. [ Refinement] 1. In the study of determinants and directions of spatial development of the commune and in the local spatial development plan shall be taken into account, in particular protection:
1) the real-estate monuments entered in the register and their surroundings;
2) other real estate sites, located in the municipal register of monuments;
3) cultural parks.
1a. In the decision to determine the location of the investment of the public objective, the decision on the conditions of the construction, the decision to allow the implementation of the road investment, the decision to determine the location of the railway line or the decision to allow the implementation of the investment in The field of public service aerodrome shall include in particular protection:
1) the real-estate monuments entered in the register and their surroundings;
2) other real estate monuments, located in the municipal register of monuments.
(1b) In the resolution laying down the principles and conditions for the situation of small architecture, advertising tables and devices and of fencing, account shall be taken in particular of:
1) the protection of immovable property inscribed in the register and their surroundings;
2) the protection of monuments of immovable property, other than those mentioned in point 1, located in the municipal register of monuments;
3) conclusions and recommendations of landscape audits and plans for the protection of landscape parks.
2. In the case where the municipality has a municipal landmark care program, the findings of this programme shall be taken into account in the study and plan referred to in paragraph. 1.
3. In the study and plan referred to in paragraph. 1, the conservation protection zones shall be determined, as appropriate, covering the areas covered by the restrictions, prohibitions and injunctions laid down by the plan, with a view to the protection of monuments located in that area.
Article 20. [ Requirement of reconciliation of the spatial development plan with the voivodship conservator of monuments] The projects and changes of the spatial development plan of the voivodship and the local spatial development plan are subject to agreement with the voivodship conservator in terms of shaping the construction and zoning of the site.
Article 21. [ Development of monument care programs] The register of monuments is the basis for drawing up programs of care for monuments by the voivodship, powiats and gminas.
Article 22. [ Monuments of Monuments] 1. The General Conservator of the Monuments conducts a national register of monuments in the form of a collection of record cards of the monuments located in the voivodship records of monuments.
2. Voivodship conservation of monuments leads the voivodship of the register of monuments in the form of record cards of monuments located on the territory of the voivodship.
3. The inclusion of a record card of a movable monument not entered in the register into the voivodship of monuments can be made with the consent of the owner of this monument.
4. Wójt (mayor, president of the city) leads the municipal register of monuments in the form of a collection of address cards of the landmarks of immovable property from the municipality.
5. In the communal register of monuments should be included:
1. stationary monuments entered in the register;
2) other remnant monuments located in the voivodship register of monuments;
3) other remnant monuments designated by the mayor (mayor, city president) in agreement with the voivodship conservator of monuments.
6. The competent director of the Maritime Office shall keep a record of the monuments located in the Polish sea areas in the form of a set of record cards.
Article 23. [ National list of monuments stolen or unlawfully exported abroad] 1. The General Conservator of the Monuments shall lead, in the form of a collection of information cards, a national list of monuments stolen or exported abroad unlawfully.
2. Provincial conservator of monuments, the organs of the Police, Border Guard and customs administration are obliged to submit immediately, for inclusion in the list, the General Conservative of Monuments information about the monument stolen or exported abroad unlawfully.
Article 24. [ Delegation] 1. The Minister for Culture and Protection of National Heritage will determine, by means of the regulation, the way of keeping the register of monuments, national, provincial and municipal register of monuments and the national inventory of stolen monuments or transported abroad unlawfully.
2. The register of monuments is carried out in the form of separate books for particular types of monuments.
3. In the Regulation it is necessary to define the designs of national, provincial and municipal record cards and the data to be included in the individual register books, the register and address card and the information card, as well as the the collection of documents relating to the monument.
(4) The Regulation should indicate the conditions from which the inclusion of the record and address cards in the records is subject to compliance, as well as their exclusion from these records.
Chapter 2a
National register of lost cultural goods
Article 24a. [ Record of lost cultural treasures] 1. The Minister for Culture and Protection of the National Heritage shall run a national register of lost cultural goods.
2. The national register of lost cultural objects shall be entered in the following moving items:
1) landmarks entered in the register,
2) the museums referred to in art. 21 (1) 1 and 1a of the Act of 21 November 1996. o Museums (Dz. U. 2012 r. items 987),
3) the library materials referred to in art. 5 of the Act of 27 June 1997. about libraries (Dz. U. 2012 r. items 642 and 908 and 2013 items 829), belonging to the national library resource,
4) the archival materials referred to in art. 1 of the Act of 14 July 1983. about the national archival resource and archives (Dz. U. of 2011 r. #123, pos. 698 and No. 171, pos. 1016 and of 2014 items 822)
-lost by the owner as a result of the commission of a prohibited act as referred to in Article 278 § 1 and 3, art. 279 § 1, art. 280-283 or Art. 284 § 1-3 of the Act of 6 June 1997. -Penal Code (Dz. U. Nr. 88, pos. 553, of late. zm.).
3. The entry into the national register of lost cultural objects shall be made at the request of the Police, the prosecutor, the provincial monument conservator, the Supreme Director of the State Archives, the owner of the thing referred to in the mouth. 2, or the person who is the head of the business unit, in the collections or the resources that the item was located.
4. The application referred to in paragraph 1. 3, shall be made on an official form.
5. The party to the proceedings for entry in the national register of lost cultural objects shall be the owner of the property or organizational unit, in the collections or the resource of which the item was located.
6. The application referred to in paragraph 1. 3, the following shall be attached:
1) a copy of the notification of a criminal offence together with the evidence of the submission to the law enforcement authority or a copy of the protocol from the adoption of an oral notification of a criminal offence or the order of initiation of an investigation or an investigation, where the application is submitted by the owner the lost thing or the person who is the head of the business unit, the collections or the asset which was the subject of which it was located;
2) a photograph of the lost thing, in case it is a monument or museum referred to in the mouth. 2 points 1 and 2, in the form of a digital file.
Article 24b. [ Entry into the national register of lost cultural goods] 1. The item of lost property in the national register of lost cultural objects shall be made on the basis of the entry into the register of lost cultural property issued by the minister competent for culture and protection of the national heritage. The decision shall be immediately executed.
2. The entry into the national register of lost cultural objects shall consist in the introduction of data enabling the identification of the lost thing contained in the decision referred to in the paragraph. 1, immediately after its release.
3. Making an entry into the national register of lost cultural objects shall not be subject to the determination of the commission of the criminal act, referred to in art. 24a (b) 2, a final convicting sentence.
4. The Minister of competent for culture and protection of national heritage, by decision, shall refuse to enter the national register of lost cultural objects, where the data concerning the lost thing contained in the application referred to in art. 24a (b) 3, do not allow for its identification.
Article 24c. [ Explicit nature of the national register of lost cultural goods] 1. The national register of lost cultural objects, carried out in the ICT system, shall be overt.
2. The copies of the national register of lost cultural objects shall be issued at the request of any person who requests it.
3. The data underlying the entry in the national register of lost cultural objects shall be made available only to the public authorities and to the owner of the lost property or business unit, to the collections or to the share of which it was located, and to the other only with the consent of the owner of the lost thing or the business unit, in the collections or the resource which the property was located.
Article 24d. [ Presumption of knowledge of the contents of entries in the national register of lost cultural goods] From the date on which the entry in the national register of lost cultural goods has been entered, no one shall be able to obscure the knowledge of the data disclosed in that register.
Art. 24e. [ The deletion of the entry from the national register of lost cultural goods] 1. The deletion of the entry from the national register of lost cultural objects shall be made on the basis of the decision of the minister competent for culture and the protection of national heritage.
2. The deletion of an entry from the national register of lost cultural objects shall be made at the request of the entities indicated in the art. 24a (b) 3 or of its own office, where:
1) the owner has regained possession of the lost thing;
2) the data on the basis of the alert proved to be untrue.
3. In the case referred to in paragraph. For the purposes of Article 2 (2), the legal effects of the entry in the national register of lost cultural goods shall be abolished retroactively.
Article 24f. [ Delegation] The Minister for Culture and the Protection of National Heritage shall determine, by way of regulation, the detailed method of keeping the national register of lost cultural goods, including the scope of the data covered by the entry, the rules for issuing the write-off and the design the application form for an alert, taking into account the keeping of the national register of lost cultural goods in the ICT system, the need to ensure transparency and completeness of the information contained in the national register of lost goods the culture, the changes and the deletion of the entries and the efficiency of the registration procedure.
Chapter 3
Landscaping, research, work and works and other activities in the landmark
Article 25. [ Installation for use of a real estate monument] 1. Fitting for use of a real-estate monument entered in the register requires possession by its owner or holder:
1) the conservation documentation identifying the state of preservation of the immovable monument and the possibility of its adaptation, taking into account the historical function and the value of this monument;
2) agreed with the voivodeship conservator of the monuments of the conservation work programme in a landmark, defining the scope and manner of their conduct and indicating necessary for the application of materials and technologies;
3) agreed with the voivodship of the conservator of the landmark development program with the environment and the further use of this monument, taking into account the exhibiting of its value.
2. In order to meet the requirements referred to in paragraph. 1, the provincial monument conservator is obliged free of charge to make available to the owner or holder of the monument immovable property they have in possession of the documentation of this monument and to enable the necessary writings from this documentation.
Article 26. [ The obligation to carry out the conservation work specified in the contract concerning the landmark of the immovable property] 1. In the contract of sale, conversion, donations or lease of a landmark entered in the register, which is owned by the State Treasury or the local government unit, when determining the use of this monument should be imposed, if the conservation status of the monument requires, for the purchaser or the lessee, the obligation to carry out the necessary conservation works at the specified time in that monument.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the decision to give in the permanent management of the immovable property of the register entered in the register.
Article 27. [ Conservatorate recommendations] At the request of the owner or the holder of the monument the conservator of the monuments shall present, in writing, the conservation recommendations, specifying the way of using the monument, its security and the execution of conservation works, as well as the scope the permissible changes which may be introduced in this monument.
Article 28. [ Information obligation of the landmark owner or holder of the monument] Regardless of the obligations arising from the care of the monuments, referred to in art. 5, the owner or holder of the monument inscribed in the register or a monument located in the voivodship stock register shall notify the voivodship of the conservator of the monuments of:
1) damage, destruction, disappearance or theft of the monument, immediately after the news of the occurrence of the event;
2) the threat to the monument, immediately after the news of the occurrence of the threat;
3) change of the place of storage of the movable monument within a period of one month from the date of the change;
4) changes concerning the legal status of the monument, not later than one month from the day of their occurrence or the news of the message.
Article 29. [ Examination of the monument] 1. The bodies of protection of monuments at the time agreed with the owner or holder of the object of the monument or having the characteristics of the monument may carry out research of this subject in the place where the object is located.
2. In the event of refusal to make available the subject referred to in paragraph. 1, the provincial monument conservator may issue a decision ordering it to make available for the time necessary to perform the tests, however, not longer than 3 months from the date on which the decision became final.
3. For the damage caused in connection with the tests referred to in paragraph. 1 or 2, shall be entitled to compensation under the rules laid down in the Civil Code.
Article 30. [ The provision of a real-estate monument to the undertaking in the test] 1. The owner or holder of a landmark or immovable property with the characteristics of the monument shall be made available to that monument or the property of the contractor of the research in order to carry them out.
2. In the event of refusal to provide the landmark or property referred to in paragraph. 1, the provincial monument conservator may issue a decision ordering the owner or holder to make available this monument or property, for the time necessary to carry out the tests, however not longer than 3 months from the date on which the decision was fixed is final.
3. For the damage caused in connection with the tests referred to in paragraph. 1 or 2, shall be entitled to compensation under the rules laid down in the Civil Code.
Article 31. [ Obligation to cover the costs of archaeological research] 1. (lost power).
1a. The natural person or organizational unit that intends to carry out:
1. construction works at a real estate monument entered in the register or covered by conservation protection on the basis of the findings of the local spatial development plan or in the records of the voivodship of the conservator of monuments or
2. earthworks or make a change in the nature of the existing activity on the territory of which archaeological monuments are located, which may lead to the transformation or destruction of an archaeological monument
-is required, subject to Article 82a ust. 1, cover the costs of archaeological research and their documentation, if carrying out these tests is necessary in order to protect these monuments.
2. The scope and type of necessary archaeological research referred to in the paragraph. 1a, determines the voivodship of monuments in the way of decisions, only in so far as the works or earthworks or the change of the nature of the existing activity in the area where archaeological sites are located, will destroy or damaged archaeological monument.
3. Copy of the documentation of the studies referred to in paragraph. 1, shall be subject to the unpaid transfer of the voivodship to the conservator after their termination
Article 32. [ Cessation of construction works] 1. Who, in the course of carrying out works or earthworks, has discovered an object for which there is an assumption that he is a landmark, shall be obliged:
1) to withhold any works likely to damage or destroy the discovered object;
2) secure, with the use of available means, this object and the place of its discovery;
3) immediately notify about this competent provincial monument conservator, and if it is not possible, the proper mayor (mayor, city president).
2nd Wójt (mayor, city president) shall be obliged immediately, no longer than within 3 days, to hand over to the voivodship conservator the accepted notice referred to in paragraph. 1 point 3.
3. Provincial conservator of monuments shall be obliged within 5 days from the date of acceptance of the notice referred to in the paragraph. 1 point 3 and paragraph. 2, make a visual inspection of the subject.
4. If, within the period referred to in paragraph 1, 3, the voivodship of the monument conservator will not make a visual inspection of the object discovered, interrupted works may be continued.
5. After the visual inspection of the discovered object of the voivodship, the conservator shall issue a decision:
1) allowing the continuation of interrupted works if the uncovered object is not a monument;
2) allowing the continuation of interrupted works, if the discovered object is a monument, and the continuation of the works will not lead to its destruction or damage;
3) to order further cessation of works and carry out, at the expense of the natural person or organizational unit financing these works, archaeological research in the necessary scope.
6. Robots shall not be held for a period longer than one month from the date of service of the decision referred to in paragraph. 5 point 3.
7. If a monument with exceptional value is discovered during the archaeological research, the conservator of monuments may issue a decision to extend the period of cessation of works. The period of interruption shall not, however, be longer than 6 months from the date of service of the decision referred to in paragraph 1. 5 point 3.
8. Upon completion of the archaeological research referred to in paragraph. 5 point 3, the provincial monument conservator issues a decision allowing for the continuation of the interrupted works.
9. (repealed).
10. About the discovery of the subject matter referred to in paragraph. 1, in Polish maritime areas shall be immediately notified to the competent director of the maritime office. The provisions of the paragraph 1 (1) and (2) and (2) 3-8 shall apply mutatis mutandis.
Article 33. [ Obligations of accidental finding] 1. Who has incidentally found an object suspected to be an archaeological monument, is obliged, using the means available, to secure the object and to mark the place of his finding and immediately notify you of finding this object of the appropriate provincial monument conservator, and if it is not possible, the proper mayor (mayor, city president).
2nd Wójt (mayor, city president) shall be obliged immediately, no longer than within 3 days, to hand over to the voivodship conservator the accepted notice referred to in paragraph. 1.
3. Within 3 days from the date of acceptance of the notice referred to in paragraph. 1 and 2, the voivodship of the monument conservator is obliged to make a visual inspection of the found object and the place of its finding and, if necessary, organize the archaeological research.
4. To find the subject referred to in paragraph. 1, in Polish maritime areas shall be immediately notified to the competent director of the maritime office.
Article 34. [ Prize for the finding or explorers of the monument] 1. Persons who have discovered or accidentally have found an archaeological monument shall be entitled to the prize if they have fulfilled the obligations laid down in Art. 32 par. 1 or in Art. 33 (1) 1.
2. The provision of the paragraph. 1 shall not apply to persons professionally engaged in archaeological research or employed in groups organised to carry out such research.
3. The conditions and mode of awarding the prize will determine, by way of regulation, the minister competent for culture and protection of national heritage, setting out the types of prizes, the sources of their funding and the amount of prize money.
Article 35. [ Ownership Of The Treasury] 1. Objects which are archaeological monuments discovered, accidentally found or obtained as a result of archaeological research, are the property of the State Treasury.
2. The property of the State Treasury also constitutes objects which are archaeological monuments, obtained as a result of the search referred to in art. 36 ust. 1 point 12.
3. The place of storage of archaeological sites discovered, accidentally found or acquired as a result of archaeological research or searching, referred to in art. 36 ust. 1 point 12, determines the voivodship of the monument conservator, passing it, by decision, in the deposit of the museum or any other organizational unit, with its consent.
4. The transfer of an archaeological monument to the museum or other organizational unit may take place if the entity ensures:
1. their permanent storage;
2) carry out a probe and appropriate conservation works;
3) making these monuments available for scientific purposes.
5. Provincial conservator of monuments may issue a decision to withdraw the devotions to the deposit of archaeological monuments, if the museum or other organizational unit does not provide the conditions referred to in the paragraph. 4.
6. At the request of the director of the museum the archaeological monuments, being in the deposit of this museum, may be transferred to its property on the basis of the decision of the voivodeship conservator's monuments.
Article 36. [ Requirement to obtain the permission of the provincial monument conservator] 1. Permit of the provincial monument conservator requires:
1) carrying out conservation works, restaurateurs or works at a landmark inscribed in the register;
2) execution of the works in the vicinity of the monument;
3) conducting conservation studies of the monument inscribed in the register;
4) conducting architectural research of the monument inscribed in the register;
5) conducting archaeological research;
6) staging of a landmark registered in the register;
7) permanent transfer of a movable monument inscribed in the register, in violation of the established tradition of the interior decoration, in which the monument is located;
8) making the division of the landmark registered in the register;
9) change of the purpose of the monument inscribed in the register or the use of this monument;
10) placing on the monument inscribed in the register: technical devices, advertising boards or advertising devices within the meaning of art. 2 paragraphs 16b and 16c of the Law of 27 March 2003. planning and planning of spatial planning (Dz. U. of 2015 items 199, 443 and 774) and inscriptions, subject to Article 12 (1) 1;
11) take other actions which could lead to a violation of the substance or change the appearance of the monument inscribed in the register;
12) search for hidden or abandoned movable monuments, including archaeological monuments, using all kinds of electronic and technical equipment and diving equipment.
2. In Polish sea areas permission to take the actions referred to in paragraph. 1 points 5 and 12, shall be issued by the Director of the Maritime Office in agreement with the voivodship conservator competent for the place of the seat of the maritime office.
3. The licences referred to in paragraph 1. 1, may specify conditions that will prevent damage or destruction of the monument.
4. The Provincial Conservator of Monuments may make the issue of the permit for taking the activities referred to in the paragraph. 1 points 6, 9 and 11, from carrying out, at the expense of the applicant, the necessary conservation, architectural or archaeological research. A copy of the research documentation shall be handed over to the voivodship conservator free of charge.
5. The licences referred to in paragraph 5. 1, it shall be issued at the request of a natural person or an organisational unit with a legal title to use a landmark entered in the register, resulting from the ownership, perpetual usucaption, permanent management or limited right in rem or of a commitment/liability ratio.
6. The permit to conduct archaeological research shall be issued at the request of a natural person or an organisational unit with a legal title for the use of immovable property, resulting from the ownership, the use of perpetual, permanent management or restricted rights in rem or of a commitment/liability relationship.
7. Permit to carry out conservation and architectural research at a monument inscribed in the register or archaeological research or search for hidden or abandoned movable monuments, including archaeological sites, also seems to be the request of the natural persons or of the business units intending to carry out such research or exploration. In the event of failure to obtain the consent of the owner or the property holder to carry out those examinations or search the provisions of art. 30 par. 1 and 2 shall apply mutatis mutandis.
8. Obtaining the permission of the provincial monument conservator to take the works of the building at the monument entered in the register does not exempt from the obligation to obtain a building permit or a declaration, in the cases specified by the provisions of the Building Law.
Article 36a. [ Obligations of the applicant for the maintenance of conservation work, restoration works] [ 1] 1. The natural person or organizational unit applying for a permit to carry out conservation works, restoration works, conservation studies, architectural research, with a monument inscribed in the register or archaeological research they are required to ensure that those work and research are directed or carried out independently by persons meeting the requirements referred to in Article 37a par. 1 and 2, art. 37b par. 1 and 3, art. 37d par. 1 or Art. 37e par. 1.
2. The natural person or organizational unit applying for a permit for the carrying out of the works in a landmark of a property entered in the register is required to ensure the management of such works and the exercise of investor supervision by persons meeting the requirements referred to in art. 37c.
Article 37. [ Delegation] [ 2] 1. The Minister responsible for Culture and National Heritage shall determine by way of regulation:
1. the mode of issue of the licences referred to in Article 36 ust. 1;
2) the data and information that contains the licence applications and the documentation included in the requests necessary for their consideration;
3) the data and information that contains the permits, and the conditions that may be reserved in them;
4) elements which contain documentation of conservation works and restoration works carried out with a movable monument inscribed in the register and documentation of archaeological research.
2. The mode of issue of the licences referred to in paragraph 2. Article 1 (1) shall be determined, taking into account the competence of the authorities to issue them and the need to ensure the efficiency of the procedure for issuing the authorisation, including the procedure to be followed where the economic operator of the activities undertaken is to be carried out in the proceedings for the award of a public contract.
3. The data, information and documentation referred to in the paragraph. (1) (2) and (3), shall be determined taking into account the need for a comprehensive assessment of the impact of the planned activities on the monument, but without the applicant having to bear the additional costs, the need to indicate those conditions of conduct activities which ensure the preservation of the monument in the best condition, and indications:
1) the name, surname and address of the person or the name, seat and address of the business unit which has requested or
2) the name, surname and address of the person directing, independently performing or supervising the investor's supervision over the activities referred to in art. 36 ust. 1.
4. The elements referred to in paragraph. 1 point 4, it shall be determined so that the individual stages of conservation works and restoration works carried out at a movable monument inscribed in the register and archaeological research are documented and take into account all the circumstances of the works, as well as included:
1) the name, surname and address of the person or the name, seat and address of the business unit which have drawn up the documentation,
2) the name, name and address or the name, address and address of the owner or holder of the landmark, or
3) the name and surname of the author of the monument.
Article 37a. [ conservation works, restoration works or conservation studies with monuments registered in the register] [ 3] 1. Conservatorst works, restaurant works or conservation studies, which are kept in the register, shall be guided by a person who has completed a second degree course or a uniform Master's degree, in the field of maintenance and the restaurant works of art or preservation of monuments and which, after the start of second cycle studies or after the sixth semester of a single master degree, for at least nine months took part in the conservation work, the works catering or conservation studies, carried out with a monument entered in the register, the inventory of a museum which is a cultural institution or which is included in one of the categories referred to in Article 4 (1) of the Regulation. 64 par. 1.
2. In areas not covered by the programme of higher education referred to in paragraph 2. 1, conservation works, restaurant works or conservation studies, which are kept in the register, shall be guided by the person who possesses:
(1) a certificate of the completion of a secondary school and a professional title or secondary education and a diploma confirming the possession of professional qualifications in the professions corresponding to the field concerned; or
2) the master's diploma in the profession corresponding to the given field
-and which for at least four years has taken part in the conservation work, restoration or conservation work carried out in the register, the physical inventory of a museum which is a cultural institution or which is included in the register one of the categories referred to in art. 64 par. 1.
3. The provisions of the paragraph. 1 and 2 shall apply to persons who carry out their own conservation work, restoration work or conservation research, and shall be carried out with the relics of the register.
Article 37b. [ conservation works, restoration works or conservation studies in the landmark of the land entered in the register] [ 4] 1. Conservatorship works and restaurant works, which are kept in a register or other form of land entered in the register, shall be headed by a person who has completed the second cycle of studies or A single master's degree programme, whose programme includes classes or classes of courses for the acquisition of knowledge and skills in this field, and which, after the start of second cycle studies or after the sixth semester of the single degree of study, is completed at least nine months of master's degree in conservation work, or restaurant works conducted with such monuments entered in the register, or were employed on these works in a museum being a cultural institution.
2. Paragraph Recipe 1 shall apply to persons who carry out the conservation work themselves and the restoration work carried out with the landmarks which are registered in the register or any other type of land entered in the register.
3. Works of a technical nature in the scope referred to in paragraph. 1, independently execute the person who holds the certificate of completion of the secondary school and the professional title or secondary education and diploma confirming the professional qualifications in the professions associated with the care of the greenery, or for at least 9 months have taken part in this type of work carried out in the register, or was employed in a museum that is a cultural institution.
Article 37c. [ Movable Monuments entered in the register] [ 5] The construction works shall be guided by either the investor's supervision, in the case of immovable property entered in the register, the person who has the building powers defined by the provisions of the Building Law and who, for at least 18 months, has participated in the construction works carried out with a register or inventory of a museum which is a cultural institution.
Art 37d. [ Architectural studies of monuments entered in the register] [ 6] 1. The architectural research of monuments entered in the register directs the person who:
1) has completed a second degree course or a uniform master's degree, in the direction of architecture or architecture and urbanism, or
2. have completed a second cycle or a single master's degree programme, the programme of which has included classes or classes of classes enabling the acquisition of knowledge and skills in the field of architectural research at least 60 hours or more; or which has been assigned at least 6 ECTS credits, or
3) completed postgraduate studies in the field of conducting architectural research
-and who, after completing these studies for at least six months, took part in the architectural studies conducted with the real-estate monuments entered in the register or the physical inventory of the cultural institution of the museum.
2. Paragraph Recipe 1 shall apply to persons who themselves carry out architectural studies of monuments entered in the register.
Art 37e. [ Qualifications of a person directing archaeological research] [ 7] 1. Archaeological research is directed by a person who graduated from a second degree or a uniform master degree, in the field of archaeology and for at least 12 months took part in archaeological research. Professional experience may be acquired outside the territory of the Republic of Poland.
2. Paragraph Recipe 1 shall apply to persons who are self-performing archaeological research.
Article 37f. [ Establishing participation in work and research] [ 8] When determining the participation in conservation works, restoration works, conservation studies, construction works or architectural studies, the participation in such works shall be taken into account in a register with a landmark registered in the register. or robots, not recorded in the register, provided that they were carried out before 26 August 2011.
Art 37g. [ Works on a landmark entered in the register, the inventory of a museum that is a cultural institution] [ 9] 1. Participation in conservation works, restoration works, conservation studies, construction works or architectural studies, carried out respectively at the monument inscribed in the register, the inventory of the museum being the institution of culture or fall into one of the categories referred to in Article 64 par. 1, and archaeological research, or employment in those works or studies in a museum being a cultural institution, shall confirm the certificates, including those relating to the apprents ' practices, and other documents providing a participation in those works, studies or works or employment in those works issued by the head of the business unit for which those work, studies or works have been carried out, or by the person under whose supervision the work was carried out, including the responsibilities of the person under whose supervision the working positions in a museum that is a cultural institution, or a certificate issued by a Voivodship conservation monuments.
2. Participation in conservation works, restoration works, conservation studies, construction works, or architectural research conducted before 26 August 2011. at a landmark not entered in the register of monuments confirm the certificates, other documents or certificates referred to in paragraph. 1.
Art 37h. [ The education and professional titles obtained outside the territory of the Republic of Poland] [ 10] 1. The education and professional titles referred to in art. 37a, art. 37b, art. 37d and art. 37e, may be obtained outside the territory of the Republic of Poland if they are recognized as equivalent with education and professional titles obtained in the territory of the Republic of Poland on the basis of separate regulations.
2. The professional experience referred to in art. 37a, art. 37b and art. 37d, may be acquired outside the territory of the Republic of Poland, as far as it concerns conservation works, restoration works, conservation research or architectural research, carried out with the museum's inventory inscribed or included in the one of the categories referred to in art. 64 par. 1.
Chapter 4
Maintenance supervision
Article 38. [ Audit] 1. Provincial conservator of monuments or acting with its authority employees of the provincial protection office of the monument shall carry out an inspection of the observance and application of the regulations concerning the protection of monuments and the care of the monuments.
2. In the authorisation referred to in paragraph 1. 1, the person or persons authorised to carry out the inspection, the controlled natural person or the business unit, the place and scope of the inspection and the legal basis for carrying out the checks shall be specified.
3. When performing the control of the voivodship the conservator of monuments or persons referred to in the mouth. 1, shall be entitled to:
1) admission to the property, if there is a reasonable suspicion of destruction or damage to the monument;
2) the assessment of the state of preservation, the conditions of storage and securing of monuments entered in the register, as well as the monuments located in museums, libraries and in collections or resources of other state organizational units and self-government units territorial, within the time limit agreed with the owner or the holder;
3) verify the compliance of any actions taken with the monuments entered in the register and the conducted archaeological research with the scope or conditions specified in the permit and approved documentation;
4) requests for oral or written information to the extent necessary for the determination of the factual situation concerning the scope of the inspection;
5) requests for the presentation of documents and the provision of any data relating to the scope of the control;
6) make an entry in the construction journal within the scope of the specified provisions of the Construction Law.
4. Control activities shall be carried out in the presence of a controlled natural person or the head of a controlled organisational unit or an authorised person by him, in compliance with the provisions for the protection of classified information.
4a. The Provincial Conservator of Monuments may request the competent local Police Commissioner for assistance where this is necessary for the purpose of carrying out the control activities.
4b. At the request of the voivodeship conservator the proper locality of the Police Chief is obliged to provide the persons referred to in the mouth. 1, Police assistance in the exercise of control activities.
5. Control activities concerning immovable property entered in the register, which are on the board of the foreign states or are used by diplomatic and consular representatives of those states or by other persons equated with them on the basis of laws, agreements or universally established international customs, may be exercised with the consent of those representatives or persons.
Article 39. [ Protocol from control activities] 1. From the control activities, the auditor shall draw up a protocol, one copy of which shall be delivered to the controlled physical person or to the manager of the controlled undertaking.
2. The control protocol shall contain a description of the facts established during the inspection, including the irregularities found, taking into account the reasons for the uprising, the extent and effects of those irregularities and the persons responsible for them.
3. The protocol shall sign the controlling and controlled natural person, or the manager of the controlled business unit or the person authorised by him, who may bring to the protocol motivated objections and comments.
4. In the event of a refusal to sign the protocol by the controlled natural person or the head of the controlled business unit or the person authorized by him, the controlling person makes this mention in the protocol, and the refusing the signature can within 7 days present their written comments to the voivodship conservator.
Article 40. [ Post-audit recommendations] 1. On the basis of the findings resulting from the control of the voivodship, the conservator of the monuments may issue the control recommendations to the controlled physical person or the manager of the controlled organizational unit.
2. The Provincial Conservator of Monuments may waiver the issue of the post-control recommendations and issue the decision referred to in art. 43, art. 44 par. 1, art. 45 par. 1, art. 46 (1) 1, art. 49 (1) 1 or Art. 50 par. 1.
3. In case of inspection of the organizational unit of the voivodship the conservator of the monuments may request the conduct of official proceedings or any other prescribed law against the persons guilty of admission to the uprising of the deficiencies and inform him in the deadline for the action taken to address these deficiencies.
Article 41. [ Notification of a criminal offence or misconduct] Where it is found that the act or omission of a controlled natural person or the head of the controlled organisational unit or its staff member is in breach of the provisions of the Article. 108-118 of the Act, the voivodship of the conservator directs respectively to the Police, the Public Prosecutor's Office or the court's notice of the commission of a criminal offence or misconduct
Article 42. [ Indication of the possibility of taking some of the activities by the General Conservator of Monuments] The General Conservator of the Monuments may undertake the activities referred to in art. 38 par. 3, art. 39, art. 40 par. 1 and 3 and Art. 41 if necessary in view of the particular importance of the case. The provisions of Article 4 38 par. 4 and 5 shall apply mutatis mutandis.
Article 43. [ Pause of works contrary to the permission or without issue] The voivodship of the monument conservator shall issue a decision on holdout performed without its permission or in a way that deviates from the scope and conditions specified in the permit:
1. conservation works, restoration works, conservation or architectural studies at the monument inscribed in the register;
2) works by a landmark inscribed in the register or in its surroundings;
3) archaeological research;
4) other activities referred to in art. 36 ust. 1 points 6-8 and 10-12.
Article 44. [ Termination of the decision to cease work] 1. The decision referred to in art. 43, expires after 2 months from the date of its service, if, within that period, the voivodship of the conservator does not issue a decision:
1) ordering the restoration of the monument to the previous state or the ordering of the site, with the determination of the date of completion of these activities, or
2) imposing an obligation to obtain the permission of the voivodeship conservator for the conduct of the stalled examinations, works, works or other activities at the monument, with the application for the issue of this permit submitted within a period of not more than 7 days from the date of service of the decision, or
3) imposing an obligation to take certain actions to bring the performed tests, works, works or other activities at the monument to compliance with the scope and conditions specified in the permit, indicating the time limit for the performance of those activities.
1a. The Provincial Conservator shall issue a decision on the permit referred to in paragraph 1. 1 point 2, not later than 30 days from the date of submission of the application for the issue of that licence.
2. In the case of failure to obtain the licence referred to in paragraph. 1 point 2, or failure to comply with the obligation laid down in paragraph 1. 1 point 3, the voivodship of the monument conservator shall issue a decision ordering the restoration of the monument to the previous state or the ordering of the site, with an indication of the date of execution of these activities.
3. After the performance of the obligation referred to in paragraph. 1 point 3, the voivodship of the monument conservator shall issue a permit for the resumption of the stalled examinations, works, works or other activities at the monument.
(4) A person who has committed an infringement of a monument or has breached the scope and conditions laid down in the authorization shall be obliged to carry out the duties prescribed in the decision referred to in the paragraph. 1 (1) and (3) and (3) 2.
Article 45. [ Execution of works on a landmark in a manner inconsistent with or without the permission] 1. Where, without the required permission of the provincial monument conservator or in a way that deviates from the scope and conditions specified in the permit, the conservation works, restaurateur, works, works, conservation, architectural or other activities referred to in art. 36 ust. 1 points 6-8 and 10-12, voivodship monument conservator issues a decision:
1) ordering the restoration of the monument to the previous state or the ordering of the site, specifying the time limit for the performance of these activities, or
2) obliging to bring the monument to the best possible state in the indicated manner and within a specified time limit.
2. Article Recipe 44 par. 4 shall apply mutatis mutandis.
Article 46. [ Condition of cessation of works in a landmark not entered in the register] 1. The Provincial Conservator of Monuments may issue a decision on the cessation of conservation works, restaurateurs or works in a landmark not entered in the register, if the monument fulfils the conditions justifying the registration.
2. The decision referred to in paragraph. 1, shall lapse if, within 14 days from the date of its notification, no proceedings concerning the entry of a monument to the register shall be commenced.
3. Paused conservation works, restaurateurs or construction works at a landmark may be taken if within 2 months from the date of service of the decision referred to in the paragraph. 1, the voivodship of monuments will not enter this monument in the register.
Article 47. [ Reopening of the procedure for the authorisation issued] The voivodship of the monument conservator may resume the proceedings on the issued permit referred to in art. 36 ust. 1, and subsequently amend or withdraw, by means of a decision, if, in the course of carrying out the tests, works, works or other activities specified in the permit, new facts and circumstances may lead to damage or destruction of the monument.
Article 48. [ Competence of the Director of the Maritime Office] The Director of the Maritime Office, in agreement with the provincial conservator of monuments competent for the place of the seat of the Maritime Office, may, by decision:
1. withheld without the authorisation referred to in Article 36 ust. 2, research or search or
2) amend or withdraw, as a result of the resumption of the proceedings, the issued authorization referred to in art. 36 ust. 2, if there are new facts and circumstances which could lead to damage or destruction of the monument, or
3) withdraw the issued authorization referred to in art. 36 ust. 2, if the tests or searches are carried out inaccordance with the scope and conditions laid down in this permit.
Article 49. [ Decision ordering the conduct of conservation works] 1. The Provincial Conservator of Monuments may issue a decision ordering the natural person or the organizational unit with the title of legal title to use the monument entered in the register, resulting from the ownership, the use of perpetual, permanent the management board, or a restricted right in rem or a liability/liability relationship, to carry out, within the time limit laid down in that decision, the conservation work or works of the monument if the execution of such works is necessary in view of the threat of such a threat destruction or material damage to this monument.
2. The execution of a decision ordering the carrying out of conservation works or works in a landmark shall not exempt from the obligation to obtain a building permit or a declaration, in the cases specified by the provisions of the Construction Law.
3. In the case of the execution of a replacement of conservation works or works at the monument of the property of the voivodship, the conservator of the monuments shall issue a decision determining the amount of the Treasury's receivables for carrying out the replacement of these works or works, their scope and the due date for that claim.
4. The claim of the State Treasury for the execution of the replacement of conservation works or works at the immovable monument is subject to the collateralisation of forced mortgage on this property, at the request of the voivodship of the conservator of monuments, on the basis of the decision referred to in paragraph 1. 3. If the immovable property does not hold a perpetual book, the security may be made by filing the application and the decision to the set of documents.
5. The provision of the paragraph. 4 does not apply to landmarks owned by the State Treasury.
6. The claim of the State Treasury for the execution of the replacement of conservation works or works at the monument of the real estate, in agreement with the General Conservator of the Monuments, may, by decision, waive in whole or in part or shall be spread over the instalments-if the claim or the collection of the claim is found to be irrecoverable, or the material situation of the person or body referred to in the paragraph is significantly affected. 1.
7. The deletion of the compulsory mortgage from the perpetual book shall be carried out at the request of the wojewater on the basis of the decision referred to in the paragraph. 6. If the immovable property does not hold a perpetual book, the application and decision shall be made to the collection of documents.
Article 50. [ Establishment of a temporary seizure of a movable monument] 1. In the event of a threat to a movable monument inscribed in the register, consisting in the possibility of its destruction, damage, theft, disappearance or illegal export abroad, the voivodship of the conservator of the monuments may issue a decision security of this monument in the form of establishing a temporary seizure until the threat is removed.
2. The temporary seizure of a movable monument consists in handing it over, depending on the type of the monument, to the museum, archive or library.
3. In the event of the occurrence of danger to the monument of immovable property entered in the register, consisting in the possibility of its destruction or damage, the starosta, at the request of the voivodship of the conservator of monuments, may issue a decision on securing this monument in the form of a temporary seizure until the risk is removed. The provisions on real estate shall apply mutatis mutandis.
4. If it is not possible to remove the risk referred to in paragraph. 1 or 3:
1) the movable monument may be taken over by the voivodeship conservator of monuments, by decision, on the property of the State Treasury, for the purposes of culture, education or tourism, for compensation corresponding to the market value of this monument;
2) the immovable monument may be at the request of the provincial conservator of monuments expropriated by the starostia to the State Treasury or the municipality due to the place of the location of this monument, in the mode and on the rules provided for in the regulations o the real estate economy.
Chapter 5
Export of monuments abroad
Article 51. [ Indications of export opportunities abroad] 1. One time permit for permanent export of a monument abroad shall require the monuments included in one of the following categories:
1) archaeological monuments, which are more than 100 years old and are part of archaeological collections or were obtained as a result of archaeological research or accidental discoveries;
2) elements constituting an integral part of the monuments of architecture, interior decoration, monuments, statues and works of artistic craftsmanship, which are more than 100 years old;
3) made by any technique and on any material of the works of painting, not covered by the categories indicated in points 4 and 5, which are more than 50 years old and their value is higher than PLN 40 000;
4) made on any material of watercolor, gwarmer and pastels, which are more than 50 years old and their value is higher than PLN 16 000;
5) mosaics, not covered by the categories indicated in points 1 and 2, and made by any technique and on any material of drawings, which are more than 50 years old and their value is higher than 12 000 zł;
6) original works of graphics and matrices for their execution and original posters, which are more than 50 years old and their value is higher than 16,000 zł;
7) original sculptures, statues or their copies made of the same technique as the original, not covered by the category indicated in point 1, which are more than 50 years old and their value is higher than 20 000 zł;
8) single photographs, films and their negatives, which are more than 50 years old and their value is higher than PLN 6,000;
9) single or located in the collections of manuscripts, which are more than 50 years old and their value is higher than PLN 4,000;
10) single or present in the collections of books, which are more than 100 years old and their value is higher than PLN 6,000;
11) single printed maps and scores, which are more than 150 years old and their value is higher than PLN 6,000;
12) collections and items from zoological, botanical, mineral or anatomical collections, the value of which is higher than 16,000 zł;
13) collections of historical, palaeontological, ethnographic or numismatic interest, the value of which is higher than 16,000 zł;
14) means of transport which are more than 50 years old and their value is higher than 32,000 zł;
15) other categories, not listed in points 1 to 14, covering monuments that are more than 50 years old and their value is higher than 16,000 PLN.
2. Monuments referred to in paragraph. 1 and 4, may be temporarily exported abroad if their state of preservation so permits, and the natural person or organizational unit in which the possession of the monument is held, gives the guarantee that it will not be destroyed or damaged and will be imported into the country before the expiry of the period of validity of the licence.
3. Monuments referred to in the mouth. 1 and 4, may be temporarily exported abroad after having obtained:
1) a single time permit for temporary export of a monument abroad or
2) multiple individual licences for temporary export of the monument abroad, or
3) multiple general licences for temporary export of the monument abroad.
4. Monuments:
1) entered in the register,
2) entering into the composition of public collections, which constitute the property of the State Treasury, local government units, and other organisational units included in the public finance sector,
3) located in the inventory of museums or national library resource-they cannot be exported abroad permanently.
Article 52. [ Permit for export of monuments abroad] 1. One time permit for permanent export of a monument abroad shall be issued by the Minister competent for cultural affairs and protection of the national heritage.
1a. The Minister for Culture and the Protection of National Heritage may refuse to grant a single permit for permanent export of the monument abroad, where the monument has a special value for cultural heritage.
2. The natural person or organizational unit in which the possession of the monument is located shall submit an application for a one-time permit for permanent export of the monument abroad, through the provincial monument conservator.
3. (repealed).
4. Export of a monument abroad on the basis of the permit referred to in paragraph. 1, may take place no later than 12 months from the date of issue of the licence.
Article 53. [ Temporary export licence] 1. One time permit for temporary export of a monument to the border shall be issued by the voivodship of the conservator at the request of the natural person or organizational unit in which the monument is held, which is intended to export it once to the border. a monument for use or exhibition, or for conservation works.
2. The term of validity of the licence referred to in paragraph 2. 1, shall not be more than 3 years from the date of issue of that authorisation.
Article 54. [ Multiple licences for temporary export] 1. Multiple individual permits for temporary export of the monument to the border shall be issued by the voivodship of the conservator at the request of the natural person or organizational unit, in which the possession is located, intended repeatedly to be exported by the boundary of this monument for utility or exhibition purposes.
2. The term of validity of the licence referred to in paragraph 2. 1, shall not be more than 3 years from the date of issue of that authorisation.
Article 55. [ Repeated general authorisation] 1. Multiple permits for temporary export of monuments abroad shall be issued by the provincial conservator at the request of a museum or other cultural institution which, in connection with the activities carried out, intends to export its collections abroad on a number of occasions, in whole or in part, for exhibition purposes.
2. The term of validity of the licence referred to in paragraph 2. 1, shall not be more than 5 years from the date of issue of the licence.
Article 56. [ Withdrawal] 1. The Provincial Conservator of Monuments may withdraw the permit referred to in Art. 51 (1) 3, by decision.
2. Withdrawal of the permit may occur if the state of preservation of the monument has deteriorated or the new facts and circumstances showing that the applicant does not give the warranty referred to in art have become known. 51 (1) 2.
3. On the withdrawal of the permit of the voivodship the conservator shall notify the customs administration body immediately.
Article 57. [ Information obligation of the person receiving the authorisation] 1. The natural person or organizational unit who has received the permit referred to in art. 51 (1) 3, is obliged after the use of this permission to notify the provincial conservator of the monuments of the arrival of the monument on the territory of the Republic of Poland within a period of not more than 14 days from the date of expiry of the permit.
2. On the call of the voivodship of the conservator of monuments the person or organizational unit referred to in the mouth. 1, it is obligatory to make the monument available for the purpose of making a visual inspection.
3. (repealed).
Article 58. [ The permission concerning library materials created before 1 January 1949] With regard to the library materials of the licences referred to in Article 51 (1) 1 and 3, issues the Director of the National Library. The provisions of Article 4 51 (1) 1, 2 and 4, art. 52 par. 1a and art. 53-57 shall apply mutatis mutandis.
Article 59. [ No authorisation requirement] 1. Export licences for the border shall not require:
1. monuments not covered by the categories indicated in art. 51 (1) 1;
2) monuments brought from the territory of a country which is not a member of the European Union, which are placed under the procedure of temporary importation or inward processing procedure within the meaning of the customs legislation;
3) monuments brought from the territory of a country not a member of the European Union, which were placed under the procedure of admission free of import duties, if the export of these monuments occurs before the end of the 5 years from the date of the marketing authorisation;
4) monuments brought from the territory of a Member State of the European Union for a period of not more than 3 years, if the export of these monuments is carried out in the territory of a Member State of the European Union;
5) monuments brought from abroad by persons benefiting from the privileges or immunities of diplomats, including imported for the purpose of the interiors of diplomatic representations and consular offices;
6) works of the creators of the living;
7) monuments moved through the territory of the Republic of Poland from the territory of a member state of the European Union in the territory of a country not being a member of the European Union and covered by categories A. 1-A. 15 listed in the annex to Council Regulation (EEC) No 116/2009 of 18 December 2008. on the export of cultural goods (Dz. Urz. EC L 39 of 10.02.2009), if their value is lower than the financial thresholds listed in point B of that Annex;
8) the monuments which have confirmation of the entry issued by the customs body or the Border Guard in accordance with art. 59 (1) 3 point 4.
2. If the export of the monument is made without the permit referred to in art. 51 (1) 1 and 3, and the characteristics of the monument indicate that its export requires a permit, the Border Guard authority or the customs body may request from the exporting person a monument to show the document confirming the fact that the exported monument does not require a permit.
3. The document referred to in the paragraph. 2, is:
1) an assessment indicating the time of the establishment of the monument made by the institution of the culture specialized in the care of the monuments, the expert's expert on culture and protection of the national heritage, the economic operator specialized in the scope of circulation of monuments in the territory of the Republic of Poland or a public administration authority;
2) the valuation of the monument made by the institution of the culture specialized in the care of the monuments, the expert's expert on culture and protection of national heritage or the economic operator specialized in the field of trade with monuments on territory of the Republic of Poland
3) an invoice containing data permitting the identification of the object, issued by an economic operator specialized in the field of trade with monuments in the territory of the Republic of Poland;
4) confirmation of the entry of the monument on the territory of the Republic of Poland, containing a photograph of the monument, exhibited at the border crossing points by the customs body, and in the case of its absence by the Border Guard authority. The confirmation shall be issued only if the annexed documents permitting the clear identification of the monument and its age and value show that it belongs to the category of historic monuments referred to in Article 3. 51 (1) 1;
5) insurance of the transport of the monument from abroad in the territory of the Republic of Poland;
6. export licence from the territory of another Member State of the European Union for export.
4. Where the person making the export of the monument does not present the document referred to in the paragraph. 2, or there is a legitimate concern that the document is not credible, the Border Guard authority or the customs body may stop this monument for the time necessary to determine whether the export of the monument may have been carried out without the permission referred to in art. 51 (1) 1 and 3.
5. The Minister for Culture and Protection of the National Heritage shall determine, by means of a regulation, the model of the document referred to in paragraph 1. In accordance with Article 3 (1), (2) and (4), in view of the need to harmonise these documents
Article 60. [ Consultation prior to the decision] The provincial conservator for the examination of applications for the export of monuments or other objects abroad may consult the institutions of culture specialised in the care of the monuments.
Article 61. [ Delegation] The Minister for Culture and the Protection of National Heritage will determine, by way of regulation, the application and the issuance of a single permit for permanent export of a monument abroad, a single and multiple temporary export licences a monument to the border and the models of these permits, guided by the need to harmonise these documents and the need to ensure protection of these monuments.
Chapter 6
Restitution of monuments which have been unlawfully exported from the territory of a Member State of the European Union
Article 62. [ Monuments restitution] 1. The restitution of monuments shall consist in the taking of action by the competent authorities of a Member State of the European Union, at the request of another Member State from the territory of which the unlawfully deported monument has been exported, to find, securing and enabling the recovery of this monument.
2. The provisions of this Chapter shall apply to monuments which have been exported unlawfully from the territory of a Member State after 31 December 1992.
Article 63. [ Unlawful export] Such an export of a landmark from the territory of a Member State which has been in breach of the provisions in force in that State or in the European Union in the field of protection of monuments is deemed to be unlawfully exported.
Article 64. [ Categories of historic monuments eligible for restitution proceedings] 1. The proceedings concerning the restitution of a monument may be carried out in relation to a monument belonging to one of the following categories:
1) archaeological monuments, which are more than 100 years old, are part of archaeological collections or have been obtained as a result of archaeological research or accidental discoveries;
2) elements constituting an integral part of the monuments of architecture, interior decoration, monuments, statues and works of artistic craftsmanship, which are more than 100 years old;
3. hand-made techniques and on any material of the painting, not covered by the categories indicated in points 4 and 5, which are more than 50 years old, their value is higher than EUR 150 000, and shall not be the property of their creators;
4) made by hand on any material of watercolor, groats and pastels, which are more than 50 years old, their value is higher than 30 000 euros and are not owned by their creators;
5. mozaik, not covered by the categories indicated in points 1 and 2, and drawings made by hand using any technique and on any material, which are more than 50 years old, their value is higher than 15 000 euro and shall not be owned by their creators;
6) original works of graphics and matrices for their execution and original posters, which are more than 50 years old, their value is higher than 15 000 euros and are not the property of their creators;
7. original sculptures, statues or their copies made of the same technique as the original, not covered by the category indicated in point 1, which are more than 50 years old, their value is higher than 50 000 euro and are not the property of their creators;
8) photographs, films and their negatives, which are more than 50 years old, their value is higher than 15 000 euros and are not the property of their creators;
9) individual or located in the collections of incubations and manuscripts and maps and musical scores, numbering more than 50 years, which are not the property of their creators;
10) individual or in collections of books, which are more than 100 years old and their value is higher than 50 000 euro;
11) printed maps, which are more than 200 years old;
11a) collections and objects from zoological, botanical, mineral or anatomical collections, the value of which is higher than 50 000 euro;
12) collections of historical, palaeontological, ethnographic or numismatic interest, the value of which is higher than 50 000 euro;
13) means of transport, which are more than 75 years old and their value is higher than 50 000 euro;
14) other categories not listed in points 1 to 13 covering monuments which are more than 50 years old and their value is higher than 50 000 euro.
2. The progress referred to in paragraph 2. 1, are also subject to monuments:
1. entered in the register;
2) entering into the composition of public collections, which are the property of the State Treasury, local government units, and other organisational units included in the public finance sector;
3) located in the inventory of museums or national library resource;
4. in ecclesiastical inventors.
3. Monuments referred to in the mouth. 1 or 2 shall be subject to restitution if the Member State in whose territory they were exported unlawfully recognised it, prior to or after the exportation, as monuments of particular importance for the cultural heritage.
Article 65. [ Authority authorised to conduct restitution proceedings] 1. An authority entitled to conduct a restitution procedure for a landmark which has been unlawfully exported from the territory of a Member State shall be the Minister for Culture and the Protection of National Heritage, acting in this regard, in the cooperation with other ministers, managers of central offices, voyees and local government units.
2. The Minister for Culture and the Protection of National Heritage shall cooperate and consult with the competent national authorities of the Member States, and in particular:
1) at the request of a Member State, applying for restitution of a monument, organizes the search for a national cultural monument, which has been exported illegally from its territory, establishing the identity of the current owner or holder;
2) notify the Member States of the finding in the territory of the Republic of Poland of the subject of suspicion that it is a landmark exported unlawfully from the territory of another Member State;
3) allows the competent authorities of the Member State, applying for the restitution of a national cultural monument, to carry out a visual inspection to determine whether a given item is a wanted monument, within 2 months from the date of notification the Member State concerned of finding it;
4. take the necessary measures to secure the monument found;
5) prevents actions preventing the restitution of a landmark from a Member State seeking restitution of this monument;
6. an intermediary between the current owner or holder of the monument and the Member State applying for restitution of the monument.
3. The application referred to in paragraph 1. Article 2 (1) shall contain information enabling the monument to be found, indicating the current or presumed storage location.
4. The provisions of the paragraph. 2 points 4 and 5 shall not apply in the case of a failure by the competent authorities of the Member State concerned to carry out the visual inspection referred to in paragraph 2. 2 point 3.
Article 66. [ Considerations of conduct of the proceedings] (1) The procedure for restitution of a landmark which has been unlawfully exported from the territory of a Member State may be carried out if the Member State applying for restitution is requested by the application referred to in Article 3. 65 par. 2 point 1, no later than 12 months after the day on which the information on the place of storage of that monument and the identity of its owner or holder has been taken.
2. The proceedings concerning the restitution of a monument shall not be taken if it has elapsed 30 years from the date of the unlawful export of this monument from the territory of the Member State applying for its restitution. The provision does not apply to the monuments listed in art. 64 par. 2.
3. The restitution proceedings shall not be initiated if the export of this monument from the territory of the applicant Member State has ceased to be unlawful before the date of the opening of such proceedings.
Article 67. [ Local Property] 1. A Member State seeking restitution of a landmark shall be allowed to claim the return of that monument against its present owner or the holder before the civil court of the place where the monument is located.
(2) The statement shall contain, in particular, a description of the monument, the confirmation that it is covered by a request for restitution and a declaration made by the competent authorities of the Member State of action of the unlawful export of that landmark. from its territory.
(3) The Minister for Culture and the Protection of National Heritage shall inform the competent authorities of the other Member States of the opening of legal proceedings.
Article 68. [ Compensation for a person in good faith] 1. In the judgment of the ruling on the return of a landmark to a Member State from the territory of which that monument has been unlawfully exported, the court grants compensation to a person who proves that he acquired him in good faith.
2. Compensation referred to in paragraph. 1, it shall pay the Member State seeking restitution of the monument in the transfer of the monument to that State.
3. The person who received the application of the application of the monument by inheritance or donations shall not in relation to that monument be found in a more advantageous legal situation than the deceased or the donor.
Article 69. [ Apply the provisions of the Civil Code and the Code of Civil Procedure] In matters not regulated in art. 67 par. 1 and 2 and Art. 68 par. 1 and 2 shall apply accordingly the provisions of the Civil Code and the Code of Civil Procedure.
Article 70. [ Coverage of costs related to the reclaim process of the monument] (1) A Member State seeking restitution of a landmark which has been unlawfully exported from its territory shall bear the costs associated with the exploration and security of that monument and the costs arising from the execution of the decision of the court of its return.
2. The Member State seeking restitution of a landmark shall retain the right to an investigation of the costs referred to in paragraph 1. 1, from the person responsible for the unlawful export of this monument from its territory.
3. The right of property to a landmark returned to a Member State shall be governed by the laws of that State.
Chapter 7
Rules for the financing of the care of monuments
Article 71. [ Financing of care for monuments] 1. In terms of taking care of monuments, a natural person or organizational unit having a legal title to a monument resulting from the right of property, the use of perpetual, permanent management, limited right in rem or intercourse It is a commitment to finance the maintenance of the restoration work, the restoration of the restoration work and the restoration of the building.
2. The operation of the care of the monuments, including the financing of conservation works, restoration works and works at the monument, to which the legal title, referred to in the paragraph. 1, it has a local government unit, it is the task of its own.
Article 72. [ Financing of monuments held by the organisational units of the public finance sector] Under the rules and procedures laid down in separate regulations, conservation works, restoration works and construction works in buildings owned by organisational units, which are included in the public finance sector, shall be financed by means of a public finance sector. financial allocations, respectively, by the authorising officers of the budgetary parts or the local authorities to which those bodies are subject.
Article 73. [ Subsidies for customs purposes] A natural person, local or local government unit or other business unit, being the owner or holder of a register or having such a monument in a permanent management, may apply for a special-purpose grant from the the state budget for the financing of conservation works, restaurateurs or works in this monument.
Article 74. [ Entities allocating customs grant] The grant for the financing of conservation works, restaurateurs or works by a landmark entered in the register may be granted by:
1) Minister responsible for Culture and National Heritage Protection from the funds from the part of the state budget "Culture and Protection of National Heritage";
2) the voivodship of historic monuments from the financial resources from the state budget in the part of which the water-water is available.
Article 75. [ Award of grant under contract] The Minister for Culture and the Protection of National Heritage or the Provincial Conservator of the Monuments may grant grants to persons or entities referred to in art. 73, on the basis of a contract concluded with these persons or entities.
Article 76. [ Objectives for which a grant may be granted] 1. The grant may be granted for a grant:
1) the investments necessary for the execution of conservation works, restaurateurs or works at the monument inscribed in the register, established on the basis of the cost of the monument approved by the provincial conservator of the monuments, which will be carried out in the year of the application by the applicant of the grant application or in the year following the year of submission of the grant application;
(2) inputs required for conservation, restoration or restoration work of a landmark entered in a register which have been carried out during the three years preceding the year of the applicant's application for the award grants.
2. An application for a grant referred to in paragraph 2. 1 point 2, the applicant may submit after carrying out all works or works with the monument inscribed in the register, specified in the permit issued by the provincial monument conservator.
Article 77. [ Troubled Expenses Necessary] The grant for conservation works, restaurant and construction works may include the necessary inputs for:
1) compiling technical and conservation expertise;
2) carrying out conservation or architectural research;
3) execution of the conservation documentation;
4) develop a program of conservation and restoration works;
5) execution of the construction project in accordance with the provisions of the Building Law;
6) drawing up the design of the restoration of the interior composition;
7) securing, preserving and perpetuating the substance of the monument;
8. structural stabilization of the components of the monument or their restoration to the extent necessary for the preservation of this monument;
9) the renewal or addition of plaster and architectural linings or their complete restoration, taking into account the characteristic of this monument of colour;
10) restoration of the destroyed belonging of the monument, if the restoration does not exceed 50% of the original substance of this affiliation;
11) renewal or complete restoration of windows, including frames and shutters, external door and door frames, roofing prisoners, roof coverings, gutters and drain pipes;
12) modernization of electrical installations in wooden monuments or in monuments, which have original, made of wood components and belonging;
13) performance of moisture insulation;
14) complementing the drawing of natural works of defence architecture and archaeological monuments of immovable property with its own landscape forms;
15) actions aimed at exposing the existing, original elements of the historic layout of the park or garden;
16) the purchase of conservation and construction materials, necessary for the execution of works and works at the monument inscribed in the register referred to in points 7-15;
17) the purchase and assembly of a burglar and fire-and-fire-and-fire-and-fire-proof installation.
Article 78. [ Grant Height] 1. The grant may be granted in the amount of up to 50% of the expenses necessary for the execution of conservation works, restoration works or works at the monument inscribed in the register.
2. If the monument referred to in paragraph 1, has exceptional historical, artistic or scientific value or requires carrying out technologically complex conservation works, restaurateurs or works, the grant can be granted in the amount of up to 100% of inputs necessary for the execution of these works or works.
3. In the case, if the state of preservation of the monument referred to in paragraph. 1, requires immediate maintenance of conservation works, restoration works or works at the monument, the grant may also be granted up to 100% of the inputs necessary for the execution of these works or works.
4. The total amount of the grants awarded by the minister competent for culture and protection of the national heritage and the voivodship of monuments shall not exceed the amount of the co-financing referred to in the paragraph. 1-3.
Article 79. [ Application of enforcement provisions in administration] 1. The provisions of the Code of Administrative Procedure shall not apply when the applications for grants are concerned.
2. Investigation by the authorities referred to in art. 74, receivables plus interest in the amount specified as for tax arrears on the non-use or misuse of the grant granted shall be subject to enforcement proceedings in the administration.
Article 80. [ Delegation] 1. The Minister for Culture and National Heritage shall determine, by means of a regulation, the specific conditions and the procedure for the provision of a customs grant for conservation works, restoration works and works at a landmark registered in the register. and how to keep the documentation in this respect.
2. In the Regulation, in particular, it is necessary to specify the procedure for handling the applications for the purpose of the special-purpose grant and the method of its clearing, and in particular the type of documents necessary for the examination of the application and the clearance of the grant and indicate what the provisions should include a grant agreement, as well as a way of collecting information about grants.
Article 81. [ Grant of grants by a body constituting the municipality, district or local government of the province of] 1. In accordance with the separate regulations, the grant for conservation works, restoration works or works at a monument entered in the register may be granted by the authority constituting the communes, district or provincial government, on the basis of defined in the resolution adopted by that authority.
2. Grant, to the extent specified in art. 77, may be granted in the amount of up to 100% of the expenditure necessary for the applicant to carry out conservation work, restoration works or works at a historic monument registered in the register.
Article 82. [ Maximum grant height] 1. The total amount of the grant for conservation works, restoration works or works at the monument inscribed in the register, awarded by the Minister responsible for culture and protection of the national heritage, provincial monument preservation or the authority constituting the communes, district or provincial government shall not exceed 100% of the inputs required for the execution of those works or works.
2. The financing of conservation works, restaurateurs and works in the register is a public administration task.
3. In order to ensure the implementation of the provisions referred to in paragraph. 1 the bodies authorised to grant grants shall carry out lists of grants awarded and shall inform each other of the grants awarded.
Article 82a. [ Grant of grants for the conduct of archaeological research] 1. The Minister responsible for cultural and national heritage protection shall give the natural person or organizational unit intending to carry out the activities referred to in art. 31 par. 1a, grants for the conduct of archaeological research referred to in art. 31 par. 2, and the execution of their documentation, where the cost of planned archaeological research and their documentation will be higher than 2% of the costs of the planned activities. The provisions of Article 4 75 and art. 79 shall apply mutatis mutandis.
2. Paragraph Recipe 1 shall also apply where, in the course of the implementation of the measures referred to in Article 1, 31 par. 1a, there will be an unexpected discovery of an unknown archaeological monument, after its entry in the register or taken in the records of the voivodeship conservator's records and determination of the scope and type of archaeological research.
3. The provision of the paragraph. 1 shall not apply where one of the entities intending to carry out the activities referred to in Article 4 is taken into effect. 31 par. 1a, is an organisational unit included in the public finance sector or these activities will be carried out with the use of financial resources of the European Union, the Financial Mechanism of the European Economic Area or the Norwegian Mechanism Financial.
4. The amount of the grant referred to in paragraph 1, equal to the difference between the costs of the planned archaeological research and their documentation and the costs representing 2% of the costs of the planned activities referred to in art. 31 par. 1a.
5. The settlement of grants shall take place upon completion of the implementation of the activities referred to in art. 31 par. 1a, but not later than 5 years after the grant was awarded, on the basis of the costs incurred for carrying out the archaeological research and the execution of their documentation and the costs incurred for the implementation of those activities. The provisions of the paragraph 4 shall apply mutatis mutandis.
6. The natural person or organizational unit referred to in the paragraph. 1, is required to reimburses in whole or in part the grant plus interest in the event that the costs incurred for carrying out the archaeological research and the execution of their documentation will not be higher than 2% of the costs incurred in carrying out the activities, o which are referred to in art. 31 par. 1a, or where the difference between the costs incurred for the carrying out of the archaeological survey and the execution of their documentation and the costs representing 2% of the costs incurred in carrying out the activities referred to in Article 4 (1) 31 par. 1a, will be less than the amount of the subsidy granted.
7. Where the actual cost of the research exceeded the costs of the planned archaeological research referred to in the paragraph. 4, the possibility of reimbursement of incurred costs in the amount of difference between reasonable real costs and the costs planned on the basis of the request made by the provincial monuments conservator is permitted.
8. The grant referred to in paragraph 1, is refundable with interest defined as for tax arrears in case the natural person or organizational unit referred to in paragraph. 1, not to settle the grant within 5 years from the date of the transfer of the grant or when the documentation of the archaeological research will not be handed over to the voivodeship conservator within 3 years from the date of issue of the permit to carry out the tests archeological.
Article 82b. [ Delegation] The Minister for Culture and the Protection of National Heritage, having regard to the need to ensure that the aid granted is compatible with the public spending rules, will determine, by means of a regulation, the conditions and the modalities of the award of public funds, and the clearance of grants referred to in Article 82a ust. 1 and 2, including the procedure for dealing with the applications for grants, the manner of its clearance and the type of documents necessary for appraisals of the application and the settlement of the grant.
Article 83. [ The award of relics for monuments related to monuments] In accordance with the principles laid down in the rules on the rules for the financing of science, the Minister responsible for science may grant financial resources for conservation, architectural, archaeological or other scientific research related to the conduct of the work. Preservation and restoration of the monument.
Chapter 8
National programme for monument protection and conservation of monuments and protection of monuments in the event of armed conflict and crisis situations
Article 84. [ National Program for the Protection of Monuments and Monuments Care] In order to create the conditions necessary for the realization of the protection of monuments and the care of the monuments minister competent for the affairs of culture and the protection of national heritage initiates and develops, with the assistance of the General Conservator of Monuments, the national security programme monuments and care of the monuments.
Article 85. [ Program Content] 1. In the National Programme for the Protection of Monuments and Care of Monuments Determines, in particular, the objectives and directions of activities and tasks in the field of protection of monuments and care of monuments, conditions and method of financing of planned activities, as well as the schedule their implementation.
2. The National Programme for the Protection of Monuments and Monuments Care is developed for a period of 4 years.
Article 86. [ Enactment] 1. The National Programme for the Protection of Monuments and Care of Monuments enacted the Council of Ministers at the request of the Minister responsible for Culture and National Heritage.
2. The minister competent for culture and protection of national heritage shall present to the Council of Ministers, every 2 years, a report on the implementation of tasks resulting from the national programme of protection of monuments and the care of the monuments.
Article 87. [ Provincial, district or municipal landmark care program] 1. The Board of the voivodship, district or mayor (mayor, president of the city) shall draw up for a period of 4 years respectively the voivodship, district or municipal care programme of the monument.
2. The programmes referred to in paragraph 1. 1, they shall aim, in particular:
1) the inclusion of the problems of protection of monuments in the system of strategic tasks, resulting from the concept of spatial development of the country;
2) take into account the determinants of protection of monuments, including cultural landscape and archaeological heritage, including the determinants of conservation of nature and ecological balance;
3) inhibition of the processes of degradation of monuments and bringing about improvement of the state of their behaviour;
4) the visibility of the individual monuments and the values of the cultural landscape;
5) take action to increase the attractiveness of heritage sites for social, tourist and educational needs and to support initiatives that encourage the increase of funds to take care of cultural monuments;
6) determine the conditions of cooperation with the owners of the monuments, eliminating the conflict situations related to the use of these monuments;
7) take action to create jobs associated with the protection of monuments.
3. The voivodeship, district and municipal care programme shall be adopted by the state's seismik, the district council and the municipal council respectively, after obtaining the opinion of the voivodship conservator.
4. The programmes referred to in paragraph 1. 3, shall be advertised in the Voivodship Official Journal.
5. From the implementation of the programmes, the management of the voivodship, district and mayor (mayor, president of the city) shall draw up, every 2 years, the report, which shall be presented to the Sejm of the voivodship, the counties of the district or the council of the municipality.
6. The report on the implementation of the voivodship of the landmark care program is transferred to the General Conservative of Monuments and to the competent voivodeship conservator for its use in the development, updating and implementation of the national monument protection programme and the care of the monuments.
Article 88. [ Development of a national plan for the protection of monuments in the event of armed conflict and crisis situations] 1. The Minister for Culture and Preservation of National Heritage shall draw up a national plan for the protection of monuments in the event of armed conflict and emergency situations and shall coordinate the implementation of the tasks aimed at securing the historic monuments from the effects of the the risks arising from crisis situations.
2. The Minister for Culture and the Protection of National Heritage shall determine, by means of regulations, the organisation and manner of protection of monuments in the event of armed conflict and crisis situations, taking into account the tasks of the administration of the relevant the degree and organisational units with monuments, indicating how the safety works are carried out.
3. Minister of competent for culture and protection of national heritage shall present to the Director-General of the United Nations Educational, Scientific and Cultural Organization an application for an entry of the monument to the " International Register of Cultural Goods Subject to Special Protection ', in order to cover this monument protection under the Convention on the Protection of Cultural Goods in the Event of Armed Conflict, signed in The Hague on 14 May 1954. (Dz. U. of 1957. Nr 46, pos. 212).
4. In order to coordinate the projects related to the protection of monuments in the event of armed conflict, the Council of Ministers may set up, by means of regulation, the Polish Advisory Committee, being its auxiliary body.
5. The Regulation should specify the organisation of the Polish Advisory Committee, the scope and mode of its operation and the way in which the activities of the Committee are financed, taking into account, in particular, the requirements relating to the setting up and recall of the Chairperson, the Registrar and the members of the Committee, the Committee's tasks, the manner of voting and its administrative
Chapter 9
Organisation of monument protection authorities
Article 89. [ Monument protection authorities] The monument protection authorities shall be:
1) the minister competent for the affairs of culture and protection of the national heritage, on behalf of which the tasks and competences, in this regard, perform the General Conservator of Monuments;
2) the voivodship, on behalf of which tasks and competences, in this regard, performs the voivodship of the conservator of monuments.
Article 90. [ General Monument Conservator] 1. General Conservator of the Monuments is the Secretary or Subsecretary of State in the office serving the Minister responsible for Culture and National Heritage.
2. The tasks performed by the General Conservator of the Monuments shall be, in particular:
1) the development of a national programme for the protection of monuments and care of monuments;
2) the implementation of tasks resulting from the National Programme for the Protection of Monuments and Care of Monuments and from the concept of spatial policy of the country's development;
3) undertaking activities related to supporting regional development and implementation of voivodship contracts in matters of care of monuments;
4) conducting the national register of monuments and the national list of monuments stolen or exported abroad unlawfully;
5) the issue of decisions, provisions and certificates in matters specified in the Act and in the separate provisions;
6) organize and carry out checks in respect of observance and application of the regulations concerning the protection of monuments and the care of the monuments;
7) supervising the supervision of the activities of the voivodship conservation of monuments;
8) promoting scientific research in the field of conservation of monuments;
9. organising training for conservation services;
10) organizing competitions promoting the care of the monuments, including awarding distinctions, prize money or factual;
11) to give an opinion on the proposals to give the badge "For the care of the monuments";
12) cooperation with public administration bodies in matters of protection of monuments;
13) organize trainings in the field of protection of monuments and care of monuments;
14) take action concerning the concern for monuments related to the history of Poland, remaining outside the territory of the Republic of Poland.
Article 91. [ Provincial Conservator of Monuments] 1. The Provincial Conservator of the Monuments refers and refers to the voivodship, with the consent of the General Conservator of Monuments.
2. Provincial conservator of monuments may be a person who:
1) is a Polish citizen;
2) has at least a professional master's degree in one of the fields related to the protection of monuments and at least 5-year seniority in this regard;
3) have knowledge in the functioning of public administration and provisions concerning the protection of monuments and care of monuments;
4) she was not punished for offenses committed for intentional guilt.
3. The deputy of the voivodeship conservator appoints and cancels the wojewoda, at the request of the voivodship of the conservator.
4. The tasks performed by the Voivodship Monument Preservation shall be in particular:
1) the implementation of tasks resulting from the National Programme of Monuments Conservation and Monuments Care;
2) drawing up, within the framework of the budget appropriations allocated, plans to finance the protection of monuments and the care of the monuments;
3) keeping the register and the voivodship of the records of the monuments and collecting documentation in this regard;
4) issuing, in accordance with the property, decisions, provisions and attestas in matters specified in the Act and in the separate provisions;
5) supervise the supervision of the correctness of the conducted conservation, architectural, conservation works, restoration works, restoration works, and other activities in monuments and archaeological research;
6) organize and carry out inspections in the field of protection of monuments and care of monuments;
7) the development of the voivodship plans to protect monuments in the event of armed conflict and crisis situations and the coordination of activities in the implementation of these plans;
8. disseminating knowledge of monuments;
9) cooperation with other public administration bodies in matters of protection of monuments.
Article 92. [ Provincial Office for the Protection of Monuments] 1. Provincial conservator of monuments, which is part of the complex administration of the voivodship administration, directs the provincial protection office of monuments.
2. The Provincial Office for the Protection of Monuments works on the basis of the regulations given by the voivodship at the request of the voivodeship conservator.
3. Wojewoda, at the request of the provincial monument conservator, after consulting the General Conservator of the Monuments, can create and liquidate the delegates of the provincial monument protection office, specifying in particular the territorial scope of the action those delegations and their premises.
4. The delegation referred to in paragraph 3, it is part of the voivodship protection office.
5. The delegation of the provincial monument protection office is headed by the head of this delegation.
6. The Head of Delegation referred to in paragraph. 5, under the authority of the voivodship of the conservator of monuments, in the field of its activity carries out checks and cases, including, in particular, it issues administrative decisions.
7. The Minister of Culture and National Heritage shall determine, by means of regulations, the organization of provincial monuments protection offices, taking into account in particular the positions of work, the formation of which is to be created in the various offices mandatory.
Article 93. [ First Instance Authorities] 1. In the cases specified in the Act and in separate provisions the body of the first instance is the voivodship of the monument conservator, and the body of a higher degree minister competent for the affairs of culture and the protection of national heritage.
2. In the cases referred to in art. 36 ust. 2 and Art. 48, the authority of the first instance is the director of the maritime office, and the body of a higher degree minister competent for culture and protection of national heritage.
3. In cases concerning the issue of licences, referred to in Article 51 (1) 1 and 3, for the export of monuments that are library materials abroad, conducting the proceedings in the first instance is the Director of the National Library, and the body of a higher degree minister competent for culture and protection of national heritage.
4. The tasks referred to in Art. 12 (1) 1, art. 16 ust. 1 and 3-5, art. 22 par. 4, art. 32 par. 2, art. 33 (1) 2, art. 50 par. 3 and 4 point 2, art. 87 (1) 1 and Art. 103 and 105 are the tasks of their own bodies and local government units as indicated in these provisions.
Article 94. [ Notice of the parties to the proceedings] In administrative proceedings concerning historical urban systems and ruralist, historical building teams and areas where there is a significant amount of archaeological sites, the parties to these proceedings may be notified of decisions and other actions of the Minister responsible for the culture and protection of the national heritage or the provincial conservation of monuments by the notice or other customary in a given locality public announcing.
Article 95. [ Status of first and second bodies in protection of historic sites] The Minister for Cultural Affairs and the Protection of National Heritage or the Provincial Conservator of Monuments may, in the field of protection of monuments, perform on the rights:
1) parties-in administrative and civil proceedings;
2) a food prosecutor-in criminal proceedings;
3) a public prosecutor-in proceedings in cases of misdemeanor.
Article 96. [ Entruning matters to other entities] 1. The Minister for Culture and Conservation of the National Heritage, at the request of the General Conservator of Monuments, may entrust the conduct of certain matters within the scope of its property, with the exception of the issuance of administrative decisions, managers institutions of culture specialized in the care of the monuments for which it is the organizer.
2. Wojewoda, at the request of the voivodship of the conservator of monuments, may entrust, by agreement, the conduct of certain matters within the scope of its property, including the issuance of administrative decisions, communes and powiats, as well as associations of communes and powiats, on the territory of the voivodship.
3. Wojewoda, at the request of the voivodship of the conservator of monuments, may entrust, by agreement, the conduct of certain matters with the scope of its property, including the issuance of administrative decisions, managers of institutions of specialized culture in The care of the monuments.
4. The provisions of the paragraph. 2 and 3 do not apply to cases concerning the keeping of the register and the voivodship of the register of monuments, as well as the issuance of administrative decisions in this regard.
5. The implementation of cases, including the issuance of administrative decisions, to the managers referred to in paragraph 1. 3, may take place with the consent of the organizer competent for these institutions.
Article 97. [ The Monument Protection Council] 1. The Council of the Protection of Monuments acts as an opinion and advisory body on the implementation of the policy of the Council of Ministers in the field of protection of monuments and the protection of monuments as an opinion and advisory body for the protection of the national heritage.
2. The tasks of the Council of Conservation of Monuments shall be given an opinion on matters concerning in particular:
1) the assumptions of the project of the national monument protection program and care of the monument and project of this programme;
2) the assessment of the implementation of tasks resulting from the concept of spatial policy development of the country in relation to the monuments;
3) the protection of monuments of history;
4) draft legal acts concerning the protection of monuments and the care of the monuments.
3. Members of the Conservation Council in the number from 10 to 20 shall appoint for a period of 4 years the Minister for Culture and National Heritage protection, among those with outstanding achievements and merit in the protection of monuments or in the care of the monuments.
4. The Board of Conservation of Monuments shall act on the basis of the rules of procedure given, by means of ordinance, by the minister competent for cultural and heritage protection.
5. The General Conservator of the Monuments takes part in the meetings of the Council of Monuments.
6. The administrative and financial support of the Council of Conservation of Monuments shall provide the office serving the minister competent for culture and protection of the national heritage.
Article 98. [ Main Conservation Committee] 1. The General Conservator of the Conservatorsis working on the Conservator's General Conservator as an opinion-giver for the conservation activities undertaken in the monuments.
2. The main conservation committee shall issue, in particular, opinions on:
1) the use of methods, technologies and materials necessary for the rescue of monuments;
2) the correctness and legitimacy of the planned and carried out conservation works, restaurateurs and works on monuments, and archaeological research;
3) the manner and rules of the procedure in the event of occurrence of threats to individual monuments.
3. Members of the Main Conservation Board shall appoint and refer to the General Conservator of Monuments among specialists in specific areas of protection of monuments and care of monuments.
4. The Main Conservation Commission shall act on the basis of the rules of procedure given, by order, by the minister competent for culture and the protection of national heritage.
5. The administrative and financial support of the Main Conservation Commission shall be provided by the office serving the minister responsible for culture and the protection of national heritage.
Article 99. [ Provincial Council for the Protection of Monuments] 1. The provincial monument conservator operates the Provincial Council for the Protection of Monuments as an opinion-giver in the field of protection of monuments and the care of monuments.
2. The Provincial Council for the Protection of Monuments is composed of 5 to 10 members, appointed for a period of 4 years by the voivodeship conservator of monuments among specialists in specific fields of protection of monuments and care of monuments.
3. The Provincial Council of Conservation of Monuments operates on the basis of the regulations given, by means of ordinance, by the voivodship, at the request of the voivodeship conservator of monuments.
4. The administrative and financial support of the Provincial Council for the Protection of Monuments shall provide the provincial office for the protection of monuments.
Article 100. [ Rzeczpospolica] 1. The Minister for Culture and Protection of the National Heritage shall grant and revoke the powers of the assessor in the specific field of care of the monuments.
2. The remark has the right to issue assessments and opinions to the monument protection authorities, the judiciary, the prosecutor's office, the Police, the customs administration bodies, the Border Guard, the treasury audit bodies, the Supreme Chamber of Control and The General Directorate for National Roads and Motorways.
3. The resignator shall have the right to issue ratings and opinions to entities other than those indicated in the paragraph. 2 to the extent specified in the Article. 59 (1) 3 points 1 and 2.
Article 101. [ Delegation] 1. The Minister for Culture and National Heritage shall determine, by means of a regulation, the areas in which the appraisers are established, the requirements to be met by candidates for the appraisers, the mode of procedure for granting or the withdrawal of the powers of the assessor, the scope of their rights and obligations and the organisation of the handling of the assessors.
(2) In the Regulation, the conditions under which the right to grant or withdraw the powers of the assessor shall be subject to compliance.
3. The body responsible for the organisation of the assessors is obliged to carry out a list of assessors.
Chapter 10
Social Monument Guardians
Article 102. [ Social Tasks of Monuments Custodians] 1. The social monument keepers shall take measures to preserve the value of monuments and maintain them in the best possible state and to promote knowledge of the monuments.
2. The social guardian of the monument works with the voivodship conservator of monuments and starostia in matters of protection of monuments and care of these monuments.
3. The social custodian of monuments can be a person who has full capacity for legal acts, was not punished for the crimes committed intentionally and has knowledge in the field of protection of monuments and care of the monuments.
4. The social tasks of the custodian of monuments can perform also a legal person or other organizational unit without legal personality.
Article 103. [ Establishment of a social guardian of monuments] 1. Social monument procurator establishes, at the request of the voivodeship conservator of monuments, the starosta competent for the place of residence (the seat) of the candidate on the social guardian of the historic monuments.
2. At the request of the provincial conservator of monuments the starosta reveres the establishment of a social guardian of the monuments, if the guardian no longer meets the requirements laid down in art. 102 (1) 3 or improperly performs its tasks.
3. The establishment of the social protection of monuments or the withdrawal of such an establishment shall be notified by the provincial conservator.
4. The Old Town maintains a list of social custodians of monuments.
Article 104. [ Confidential] The social maintainer of monuments is entitled to instruct persons violating the provisions on the protection of monuments and the care of the monuments.
Article 105. [ Legitimacy] 1. The physical and social function of an antique monument shall be given the identity of the public guardian of the monument, which shall include his/her photograph, name, name and place of residence, date of issuance of the identity card, and the signature with the name and the name of the person in question. names, as well as the official position of the person authorized to issue the legitimacy.
2. A legal or other legal entity which does not have legal personality, acting as a social guardian of historical monuments, shall issue an attestation which contains information on the granting of the right to the guardian, the name and seat of that person, or the units, the date of issue of the certificate and the signature, giving the name and surname, as well as the official position of the person authorised to issue the certificate.
Article 106. [ Badge] 1. Persons deserved in the protection of monuments and the care of monuments are awarded with the badge "For the care of the monuments".
2. Odznaka "For the care of the monuments" grants the minister competent for culture and protection of national heritage on his own initiative or at the request:
1) Minister;
2) the head of the central office;
3) the body of government administration in the voivodship;
4) the body of the local government unit;
5) a social organization whose statutory objective is to take care of the monuments.
3. Applications for the award "For the care of the monuments" are given an opinion by the General Conservator of the Monuments.
4. The award of the badge to a person without Polish citizenship shall be followed in agreement with the Minister competent for foreign affairs.
Article 107. [ Delegation] The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the modus for the submission of the 'For the care of monuments' badges, its drawing design and dimensions and the way in which it is presented and carried, taking into account design used in Polish falerism.
Chapter 11
Penal provisions
Article 108. [ Destruction or damage to the monument] 1. Who destroys or damages the monument, shall be punished by imprisonment from 3 months to the age of 5.
2. If the perpetrator of the act referred to in paragraph. 1 acts inadvertently, subject to a fine, punishable by restriction of liberty or imprisonment by the age of 2.
3. In the event of a conviction for the offence referred to in the paragraph. 1 the court shall rule, and in the case of conviction for the offence referred to in the paragraph. 2. The court may decide, referring to the designated social objective of the protection of monuments in the amount from three times to thirty-fold minimum remuneration.
Article 109. [ Exportation of a monument to the border without permission] 1. Who does not export or export a monument abroad or after being exported abroad shall not be brought into the country during the period of validity of the permit, shall be punished by imprisonment from 3 months to the age of 5 years.
2. If the perpetrator of the act referred to in paragraph. 1 acts inadvertently, subject to a fine, punishable by restriction of liberty or imprisonment by the age of 2.
3. In the event of a conviction for the offence referred to in the paragraph. 1 the court shall rule, and in the case of conviction for the offence referred to in the paragraph. 2. The court may decide, referring to the designated social objective of the protection of monuments in the amount from three times to thirty-fold minimum remuneration.
4.The court may decide to forfeit a monument, even if it does not constitute the property of the perpetrator.
Article 109a. [ Underlying or relicking of the monument] Who undergoes or breaks the monument in order to use it in the circulation of monuments, is subject to a fine, punishable by restriction of liberty or imprisonment to 2 years.
Article 109b. [ Being a counterfeit monument] Who is a movable asset as a movable monument or a divestment of a monument as another monument, knowing that they are forged or processed, subject to a fine, punishable by restriction of liberty or deprivation of liberty by the age of 2.
Article 110. [ Improper security of the monument] 1. Who, being the owner or holder of the monument, has not secured it in due course before damage, destruction, disappearance or theft, shall be punished by the arrest, restriction of liberty or fine.
2. In the event of the offence referred to in paragraph. 1 may be referred to as a reference to the amount of twenty-fold minimum wage for the designated social objective of the care of the monuments.
Article 111. [ Exploration of monuments without permission] 1. Who, without permission or against the permit conditions, seeks hidden or abandoned monuments, including with the use of all kinds of electronic and technical equipment and diving equipment, shall be punished by the arrest, restriction of liberty, or fines.
2. In the event of the offence referred to in paragraph. 1 can be orzec:
1) forfeiture of tools and objects which served or were intended to commit offenses, even though they did not constitute the perpetrator's property;
2) forfeiture of objects directly or indirectly from a transgression;
3) the obligation to restore the previous state or pay the equivalent of the damage caused.
Article 112. [ Violation of restrictions and prohibitions in force in the field of cultural park] 1. Who violates the prohibitions or restrictions in force on the territory of a cultural park or part of it, shall be punished by the arrest, restriction of liberty or fine.
2. If the perpetrator of the act referred to in paragraph. 1 acts inadvertently, shall be punished by the fine.
3. In the event of the offence referred to in paragraph. 1 or 2, you can rule:
1) forfeiture of tools and objects which served or were intended to commit offenses, even though they did not constitute the perpetrator's property;
2) forfeiture of objects directly or indirectly from a transgression;
3) the obligation to restore the previous state or pay the equivalent of the damage caused.
Article 113. [ Failure to comply with the information obligation] 1. Who, being the owner or holder of a monument entered in the register or any other monument located in the voivodship register of monuments does not notify the voivodship of the conservator of monuments of:
1) damage, destruction, disappearance or theft of the monument immediately after the news of the occurrence of the event,
2) the threat to the landmark immediately after the news of the occurrence of the threat,
3) the change of the place of storage of the movable monument, within one month from the day of the change of the movable monument,
4) changes concerning the legal status of the monument, not later than one month from the day of their occurrence or the news of them
-is punished by the fine.
2. In the event of the offence referred to in paragraph. 1 may be referred to as a reference to the amount of twenty-fold minimum wage for the designated social objective of the care of the monuments.
Art. 113a. [ Not notified of the arrival of the monument on the territory of the Republic of Poland] Who, within 14 days from the date of expiry of the licence referred to in Article 51 (1) 3, has not notified of the arrival of the monument on the territory of the Republic of Poland, shall be punished by the fine.
Article 114. [ Obstruction of access to the monument to the monument protection authority] Who prevents or impedes access to the monument to the protection of historic monuments, exercising the powers resulting from the Act, is punishable by the fine.
Article 115. [ Notice of discovery in the course of works of an object which may be a monument] 1. Who immediately did not inform the provincial conservator of the monuments or the mayor (mayor, city president) or the director of the maritime office about the discovery in the course of carrying out the works or the terrestrial subject, which it exists the presuming that it is a monument, and that it has not stopped any works that could damage or destroy the found object and did not safeguard, by means of the means available, the object and the place of its finding, is punishable by the fine.
2. In the event of the offence referred to in paragraph. 1 may be referred to as a reference to the amount of twenty-fold minimum wage for the designated social objective of the care of the monuments.
Article 116. [ Non-notification of accidental discovery of the subject matter] 1. Who immediately did not inform the provincial conservator or the mayor (mayor, mayor of the city) or the director of the maritime office of the accidental discovery of the subject matter, which is supposed to be a monument archaeological, and has not secured, with the available means, this object and the place of its finding, is punishable by the fine.
2. In the event of the offence referred to in paragraph. 1 may be referred to as a reference to the amount of twenty-fold minimum wage for the designated social objective of the care of the monuments.
Article 117. [ Doing works in a monument without permission] Who, without permission, or against the conditions of the licence, carries out conservation works, restoration works, construction works, conservation or architectural studies at a landmark inscribed in the register or construction works in its surroundings or tests archaeological, punishable by fines.
Article 118. [ Placing on a monument of technical devices, plates or advertising devices and inscriptions without permission] 1. Who shall enter in the register without permission: a technical device, an advertising board or an advertising device within the meaning of the art. 2 paragraphs 16b and 16c of the Law of 27 March 2003. planning and planning of spatial planning, or inscription, is punishable by restriction of liberty or fine.
2. The incitement and aiding are punishable.
3. In the event of a misconduct, the forfeiture of objects serving or intended to commit an offence, even though they are not the property of the perpetrator, or the obligation to restore to the previous condition.
Article 119. [ Non-execution of post-control recommendations] Who does not perform the post-control recommendations referred to in art. 40 par. 1, punishable by the fine.
Article 120. [ Application of provisions of the Code of Conduct on Offense Cases] Adjudication on the matters referred to in Article 110-119 is based on the provisions of the Code of Conduct on Offences.
Chapter 12
Amendments to the provisions in force
Article 121. (bypassed).
Article 122. (bypassed).
Article 123. (bypassed).
Article 124. (bypassed).
Article 125. (bypassed).
Article 126. (bypassed).
Article 127. (bypassed).
Article 128. (bypassed).
Article 129. (bypassed).
Article 130. (bypassed).
Article 131. (bypassed).
Article 132. (bypassed).
Article 133. (bypassed).
Article 134. (bypassed).
Article 135. (bypassed).
Article 136. (bypassed).
Article 137. (bypassed).
Article 138. (bypassed).
Chapter 13
Transitional and final provisions
Article 139. [ Transitional provision] 1. The provisions of this Law shall apply to cases initiated and unfinished by a final decision before the date of entry into force of the Act.
2. The property of the bodies to deal with the matters referred to in the paragraph. 1, shall be determined on the basis of provisions of the Act.
Article 140. [ Validity of final decisions] 1. Final decisions issued on the basis of the provisions of the Act of 15 February 1962. on the protection of cultural goods (Dz. U. of 1999 Nr 98, pos. 1150, as of late. zm.) remain valid.
2. Agreements concluded on the basis of art. 12 (1) 1 and 3 of the Act referred to in paragraph 1. 1, shall remain valid, but no longer than for 6 months from the date of entry into force of the Act.
Article 141. [ Loss of authority of the assessor] Persons holding the powers of the assessor of the Minister responsible for culture and the protection of the national heritage established on the basis of art. 10 para. 1 of the Act referred to in art. 140 par. 1, they lose these entitlements after 6 months from the date of entry into force of the Act.
Article 142. [ Entry into the register of monuments of cultural objects recognized as a monument on the basis of separate regulations] 1. Good cultural heritage recognized as a monument under the Regulation of the President of the Republic of 6 March 1928. on the care of the monument (Dz. U. Nr 29, pos. 265, of late. zm.), and also entered in the register on the basis of the Act referred to in art. 140 par. 1, shall become monuments entered in the register within the meaning of this Act.
2. Immovable monuments recognized as monuments of history on the basis of the existing regulations become monuments of history within the meaning of this Act.
Article 143. [ Deadline for the establishment of an inventory of monuments] 1. Within 3 years from the date of entry into force of the Act General Conservator of Monuments, voivodship conservators and the mayor (mayor, president of the city) will establish the national, voivodship and municipal register of monuments, respectively.
2. The inclusion of a charter of a movable monument located in the existing central register of cultural goods in the voivodship register of monuments does not require the consent of the landmark owner.
Article 144. [ Delegation] Within 6 months from the date of entry into force of the Act, the Minister for Culture and Protection of National Heritage will grant to the provisions of this Act the statutes of the institutions of culture specialized in the care of the monuments for which it is the organizer, in order to carry out tasks related to the assumption and conduct of the national records of monuments and national lists of monuments stolen or exported abroad unlawfully by these institutions.
Article 145. [ Inclusion of the real-estate monuments indicated by the provincial monument conservator] Until the establishment of the municipal register of monuments, in the studies of the determinants and directions of spatial development of the municipality and in the findings of the local spatial development plan, it shall be taken into account, in addition to the historical monuments inscribed to the the register and their surroundings and the arrangements for the protection plans of cultural parks, other movable monuments indicated by the voivodeship conservator of monuments.
Article 146. [ Delegation] Within 12 months from the date of entry into force of the Act, the Minister for Culture and Protection of the National Heritage will develop a national programme for the protection of monuments and care of monuments.
Article 147. [ Consequences of the entry into force of the Act] 1. On the day of the entry into force of the Act, the existing provincial branches of the Service Protection Service and their delegations become respectively voivodship protection offices and the delegates of these offices.
2. On the day of the entry into force of the Act, the previous voivodship conservators and their deputies become respectively voivodship conservation monuments and their deputies within the meaning of the Act.
3. The employees of the existing provincial branches of the Service of the Protection of Monuments and their delegations from the date of entry into force of the Act become appropriately employees of the voivodship conservation offices of monuments and their delegations.
4. The existing obligations and claims of the voivodship branches of the Conservation Service of the Monuments and their delegations become the obligations and claims of the competent provincial security offices of monuments and their delegations.
5. Real estate in the permanent management of the Provincial Security Service units and their delegations shall, by virtue of the law, be transferred to the Management Board of the competent provincial security offices and their delegates.
6. The establishment of the permanent board referred to in paragraph. 5, notes the voyewater by decision.
Article 148. (bypassed).
Article 149. [ Application of Chapter 6 provisions] The provisions of Chapter 6 shall apply as of the date of the Republic of Poland's accession to the European Union.
Article 150. [ Repealed provisions] The Law of 15 February 1962 shall be repealed. on the protection of cultural goods (Dz. U. of 1999 Nr 98, pos. 1150, as of late. zm.).
Article 151. [ Entry into force] The Act shall enter into force after 60 days from the date of the announcement.
1) This Act shall be subject to the implementation of Directive 93 /7/EEC of 15 March 1993 as regards its implementation. on the return of cultural objects unlawfully taken out of the territory of a Member State (Dz. Urz. EC L 74 of 27.03.1993). The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special
[ 1] Art 36a added by art. 13 point 1 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 2] Article 37, as amended by Article 1, 13 point 2 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 3] Art 37a added by art. 13 point 3 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 4] Art 37b added by art. 13 point 3 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 5] Art. 37c added by art. 13 point 3 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 6] Art. 37d added by art. 13 point 3 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 7] Art. 37e added by art. 13 point 3 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 8] Art 37f added by art. 13 point 3 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 9] Art. 37g added by art. 13 point 3 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
[ 10] Art. 37h added by art. 13 point 3 of the Act of 5 August 2015. adjusting the laws regulating the conditions of access to the performance of certain professions (Journal of Laws item 1505). The amendment came into force on 30 November 2015.
