REPUBLIC OF LITHUANIA
LAW
ON
PROTECTION OF IMMOVABLE
CULTURAL PROPERTIES
Chapter I
GENERAL PROVISIONS
Article 1. Basic Concepts
The basic concepts of this Law shall be as follows:
immovable cultural properties shall denote structures of
cultural and public significance, their parts and groups,
complexes, clusters and sites, which shall be registered
according to the procedure prescribed by this Law;
protection of immovable cultural properties shall consist of
state protection of these cultural properties and all protection-
related operations;
cultural monuments shall include the most significant
cultural properties that have been designated as cultural
monuments according to the procedure established by this Law;
structures are architectural objects and other immovable
human designs of monument art, technological nature and the parts
or remains thereof;
structure fixtures and fittings shall denote movable designs
that are compositionally, functionally or historically linked
with the structures;
structural groups shall represent the sum total of the
structures functionally linked with and other designs;
clusters shall comprise the whole of architectural
composition structures and other designs;
sites shall denote historical and topographical territories
and locations that have achieved cultural significance;
cultural value shall signify the archaeological,
anthropological, ethnological, mythological, memorial, religious,
architectural, technical and technological, urban planning or
other historical, artistic or scientific value or significance;
public significance shall denote public need to preserve
structures of cultural value, their fixtures and fittings, as
well as groups, clusters and sites, as the national identity and
continuity;
immovable cultural property territories shall denote
settings occupied by these properties and linked to them
functionally, compositionally or historically, for the special
use of which conditions shall be established;
immovable cultural property protection zones shall be
designated within areas extending beyond these property sites,
for the use of which special conditions shall be established.
Article 2. Purpose of Law
The aim of this Law shall be to guarantee protection of
cultural properties of Lithuania, the increase and transfer of
such for future generations.
This Law shall regulate protection and state management of
protection of immovable cultural properties, located within the
territory and territorial waters of the Republic of Lithuania,
and according to right of ownership, belonging to the state,
local governments, religious organisations and other legal and
natural persons.
The aim of protection of immovable cultural properties shall
be the preservation of these properties as authentic witnesses of
the history of Lithuania and its regions, or as works of art.
Immovable cultural properties of the Lithuanian nation,
located within other states, shall be protected by inter-state
agreements and in accordance with the laws of the appropriate
states.
Article 3. Object of Law
The object of this Law shall be immovable cultural property,
namely a component part of the accumulated national wealth of the
Republic of Lithuania. Due to their cultural and public
significance value, these properties are subject to a special
state protection regimen, established by this Law, in keeping
with their value.
Hill-forts, ancient mounds, other ancient defence
fortifications, ancient residential and work-shop sites, ruins
and remains of ancient structures, sacred forests, sacred
hillocks and other ancient religious cult sites, sacrificial
stones, stones containing holes, footprints, inscriptions and
other signs, _emgrinda, klgrinda (secret paths and marshes) and
other ancient roads, barrows, burial mounds, and other ancient
burial sites, unused cemeteries and graves of soldiers possess
cultural value and public significance and shall be registered as
immovable cultural properties.
Other objects may be registered as immovable cultural
properties, in accordance with procedure established by this Law,
providing they shall possess cultural value and public
significance.
Whole immovable cultural properties shall be inseparable
functionally, compositionally or historically with respect to
aspect of protection.
Structures and their groups and sites, that shall be
registered as immovable cultural properties, shall have their
areas, which shall be subject to protection along with these
properties.
Article 4. State Commission for Cultural Heritage
Protection
The State Commission for Cultural Heritage Protection shall
be the institution held accountable to the Seimas of the Republic
of Lithuania with regard to formulation of the state policy on
protection of state monuments and management of the
implementation of this policy. It shall be the expert of the
Seimas, the President and the Government of the Republic of
Lithuania in matters of state policy on cultural property
protection.
The State Commission for Cultural Heritage Protection shall
be guided by the Constitution of the Republic of Lithuania, this
and other laws.
The State Commission for Cultural Heritage Protection shall
be a legal person and act in accordance with the regulations
approved by the Seimas of the Republic of Lithuania.
The State Commission for Cultural Heritage Protection shall
be composed of 12 members, who shall be appointed and dismissed
as follows: 2 members by the President of the Republic, 4 members
by the Seimas Speaker, upon recommendation of the Seimas
Committee for Education, Science and Culture, 4 members by the
Prime Minister upon recommendation of the Minister of Culture,
and 2 members shall be appointed and dismissed by the public
organisations which have been registered in the order established
by laws, whose principal activity is linked to location,
protection and propagation of immovable cultural properties.
Members of the State Commission for Cultural Heritage
Protection shall be appointed for a four-year term.
Chiefs of state government institutions for protection of
cultural properties and their deputies shall not be appointed to
the State Commission for Cultural Heritage Protection. They and
also individuals authorised by them, shall have the right to
participate and speak at meetings of the State Commission for
Cultural Heritage Protection.
The State Commission for Cultural Heritage Protection shall
be headed by a chairman, who shall be appointed and replaced by
the Seimas Speaker, on the recommendation by this commission and
also, by the Seimas of the Republic of Lithuania Committee for
Education, Science and Culture. The commission chairman shall be
appointed from commission members for a two-year term.
The State Commission for Cultural Heritage Protection shall
have a secretariat and control service. Activities of the
secretariat and control service shall be organised in accordance
with regulations, which shall be approved by the chairman of the
State Commission for Cultural Heritage Protection.
Functions of the State Commission for Cultural Heritage
Protection shall be as follows:
1) to form state policy and strategy on protection of
cultural properties;
2) to evaluate programs that implement the policy and
strategy on protection of cultural properties;
3) to evaluate the utilisation of budget funds earmarked for
protection of cultural properties;
4) to approve proposals concerning designation of cultural
properties as cultural monuments and to remove cultural monuments
from the registers of cultural properties;
5) to receive annual financial reports from state government
institutions for protection of cultural properties;
6) to evaluate activities of state government institutions
for protection of cultural properties;
7) to inform the Seimas of the Republic of Lithuania
Committee for Education, Science and Culture, of the problems in
implementation of state policy in protection of cultural
properties; and
8) to perform other functions prescribed by laws.
The State Commission for Cultural Heritage Protection shall
have the right to:
1) control how state governing institutions for the
protection of cultural properties implement the policy on
protection of cultural properties;
2) obtain from the Government, ministries and other state
government institutions of the Republic of Lithuania and local
governments information, explanations and decisions as well as,
their official draft projects and other documents, that are
linked to protection of cultural properties;
3) create commissions for examination of the problems in
protection of cultural properties;
4) to inform the public concerning the problems in
protection of cultural properties; and
5) co-operate with appropriate foreign institutions and
international organisations.
The State Commission for Cultural Heritage Protection shall
also have the right to:
1) warn owners and managers of cultural properties in order
to effect elimination of violations of the laws on protection of
cultural properties and to inform the appropriate state
government institution of these violations within a three-day
period; and
2) write protocols concerning violations of administrative
right and to forward them to appropriate government institutions
for protection of cultural properties.
Decisions of the State Commission for Cultural Heritage
Protection shall be published in the publication "Valstybės
Žinios."
The State Commission for Cultural Heritage Protection shall
submit an annual report to the Seimas of the Republic of
Lithuania.
Article 5. State Management of Protection of Cultural
Properties
The institution for the protection of cultural properties
shall be the Department of Cultural Heritage Protection of the
Ministry of Culture of the Republic of Lithuania (hereinafter
referred to as the Department of Cultural Heritage Protection).
The Law on Protection of Movable Cultural Property regulates the
functions and rights of the Department of Cultural Heritage
Protection, as those of a state government institution for
protection of movable cultural properties.
The Minister of Culture shall be responsible for protection
of cultural properties within the Republic of Lithuania.
The Department of Cultural Heritage Protection shall be
guided by the Constitution of the Republic of Lithuania, this and
other laws and also by normative acts of the Government of the
Republic of Lithuania.
The Department of Cultural Heritage Protection shall be a
legal person and shall act in accordance with regulations
approved by the Minister of Culture.
The Department of Cultural Heritage Protection shall be
headed by a director namely, the Secretary of the Ministry of
Culture, who shall be appointed and dismissed by the Prime
Minister, upon the recommendation of the Minister of Culture.
The Department of Cultural Heritage Protection shall
maintain services for control of cultural properties' protection,
accounting and expert analysis as well as department submits
within local government areas. It may also maintain other
services, needed for its activity.
The activity of services and territorial sub-units shall be
organised according to regulations, which shall be approved by
the Director of the Department of Cultural Heritage Protection.
Chiefs of the protection, control and accounting services shall
be deputies of the Director of the Department of Cultural
Heritage Protection.
Acts approved by ministries and other state government
institutions, that may have impact on the protection of immovable
cultural properties and their sites and also, the territorial
planning documents must be co-ordinated with the Department of
Cultural Heritage Protection. Uncoordinated acts and documents
shall not be deemed in effect, with respect to immovable cultural
properties, their sites and their protection zones.
The requirements of the Department of Cultural Heritage
Protection regarding the protection of specific immovable
cultural properties, bases upon regulations of this Law, are
obligatory for ministries, other state governing institutions,
local governments, enterprises and other legal and natural
persons.
Local governments shall establish appropriate services or
offices to carry out the functions prescribed by this Law.
Article 6. Tasks and Functions of the Department of
Cultural Heritage Protection
The tasks of the Department of Cultural Heritage Protection
shall be:
1) to implement the state policy on protection of immovable
cultural properties; and
2) prepare an outline of state policy and strategy regarding
protection of immovable cultural properties.
Principal functions of the Department of Cultural Heritage
Protection are to:
1) prepare state accounting of cultural properties;
2) draw up and establish regulations for the protection of
immovable cultural properties;
3) supervise immovable cultural property management,
utilisation and disposition, and the operations involving
accident prevention, repair, adaptation, research, conservation,
restoration and others.
4) certify research, conservation and restoration experts
and also, the experts employed in state and local government
institutions for protection of immovable cultural properties;
5) issue according to the procedure established by laws,
licenses for research, preservation and restoration activities,
as well as conditions for preparation of such activities,
programs and projects;
6) establish the procedure for accident prevention, repair,
adaptation, research, conservation, restoration and other
activities performed with respect to immovable cultural
properties;
7) organise scientific research of immovable cultural
properties and propagation of such;
8) assemble, systematise and disseminate information
concerning immovable cultural properties and methods of their
protection;
9) assemble, arrange and protect archival documents related
to immovable cultural properties and their protection;
10) prepare programmes of state accounts, scientific
research, propagation and other protection of immovable cultural
properties, and use state budget funds earmarked for these
programmes;
11) appeal to the court and other law protection
institutions concerning liability for violations of requirements
of this Law;
12) establish protection zones;
13) establish a method of reconstruction of deteriorated
cultural properties, their territories and protection zones and
the extent of deterioration and the value of such properties
which fall under obligatory purchase by the state;
14) inform the State Commission for Cultural Heritage
Protection and the public concerning problems and own activities
involved in the protection of immovable cultural properties;
15) render annual reports to the State Commission for
Cultural Heritage Protection on protection of immovable cultural
properties;
16) perform other functions established by this and other
laws; and
17) inform the State Commission for Cultural Heritage
Protection, within 5 days, of instances of law violations in
cultural heritage protection.
Article 7. Rights of the Department of Cultural
Heritage Protection
The Department of Cultural Heritage Protection shall have
the right to:
1) adopt normative acts on questions ascribed to it, which
are compulsory for ministries, other state government
institutions, local governments, enterprises and other legal and
natural persons;
2) affirm, upon receipt of evaluation from the State
Commission for Cultural Heritage Protection, scientific research,
propagation and other protection activity programmes, of state
budget funds financed from the account of immovable cultural
property;
3) furnish compulsory requirements for immovable cultural
property owners and managers, based upon this Law;
4) obtain from ministries, state institutions, local
governments and owners and managers of immovable cultural
properties, information regarding immovable cultural properties;
5) survey, determine and investigate immovable cultural
properties and objects, that may be immovable cultural
properties;
6) become familiar with documents of inventorying and
iconography, held by legal and natural persons, and other
documents concerning immovable cultural properties and objects,
which may be immovable cultural properties;
7) require elimination of violations of this Law;
8) stop activities performed within immovable cultural
properties, on their sites and protection zones, in the event the
requirements of this Law have been violated, or provision thereof
shall be established by this Law;
9) monitor activities performed within immovable cultural
properties;
10) compile in writing protocols of administrative law
violations, in instances established by law, and impose
administrative penalties;
11) establish temporary and permanent councils and
commissions to examine problems arising in the protection of
immovable cultural properties;
12) represent state interests in courts on behalf of
immovable cultural properties;
13) publish publications propagating immovable cultural
properties;
14) contract with other institutions, enterprises or
experts, work involving record-keeping, scientific
investigations, propagation and other protection activities; and
15) draw up inter-state co-operation agreements with
appropriate institutions and international organisations.
Chapter II
RECORDS OF IMMOVABLE CULTURAL PROPERTIES
Article 8. Constituent Parts of Records of Immovable
Cultural Properties
Immovable cultural property records are comprised of the
search, determination, valuation, inventorying and registration
of these properties;
The search involves collection of information concerning
objects, that may possess cultural value and public significance.
The search for such information and collection and protection
thereof are carried out by the Department of Cultural Heritage
Protection.
During the period of determination and valuation, the
composition and size, principal indications of cultural value,
public significance and territories of the objects must be
established.
Immovable cultural properties which have been established
and vaulted, shall be registered by entering them in the
Immovable Cultural Property Register of the Republic of Lithuania
(hereinafter referred to as the Register).
Basic data on immovable cultural properties are entered in
documents of records and computerised information system data
banks established by the Department of Cultural Heritage
Protection.
Local governments may have local immovable cultural property
registers, and information regarding such, shall be forwarded to
the Department of Cultural Heritage Protection.
Article 9. Registration of Immovable Cultural
Properties
The objects listed in part two of Article 3 of this Law,
shall be registered as immovable cultural properties.
Other objects may be entered in the Register, provided that
cultural value and public significance have been substantiated.
All objects shall be entered in the Register by the
Department of Cultural Heritage Protection.
Decisions regarding inclusion of objects in the Register
shall be published in the publication "Valstybės Žinios."
Objects that have not been entered in the Register, may be
entered in local immovable cultural properties' registers upon
local government decision, and the Department of Cultural
Heritage Protection should be informed thereof.
Article 10. Cultural Monuments
The Seimas of the Republic of Lithuania shall approve, upon
the recommendation of the Government of Lithuania, a list of
historical, archaeological and cultural objects of state
significance.
The most significant immovable cultural properties shall,
upon the recommendation of the Department of Cultural Heritage
Protection and with the approval of the State Commission for
Cultural Heritage Protection and upon recommendation of the
Minister of Culture, be designated by the Government of the
Republic of Lithuania, as cultural monuments.
The owners' agreement shall be obtained, in order to have
immovable cultural properties designated as cultural monuments.
Without agreement by owner, designation shall be accorded,
if:
1) the state or the local governments are the property
owners;
2) sufficient basis exists for belief that property is
facing threat of deterioration or destruction, and
3) property is part of those objects described in part two
of Article 3 of this Law.
Owners may appeal to court regarding the repeal of decision
regarding designation of immovable cultural properties as
cultural monuments.
Article 11. Striking Immovable Cultural Properties from
the Register
Upon proposal of the Department of Cultural Heritage
Protection, and the agreement of the State Commission for
Cultural Heritage Protection, and upon the recommendation by the
Minister of Culture, immovable cultural properties, designated as
cultural monuments, shall be stricken from the Register by the
Government of the Republic of Lithuania, while all other
immovable properties, by the Department of Cultural Heritage
Protection, if:
1) fact of their deterioration or destruction shall be
established;
2) properties shall have lost the marks defining their
value; and
3) public significance shall have vanished.
The proposals to have immovable cultural properties struck
from the Register must be substantiated. In cases where the fact
of deterioration or destruction of cultural properties has been
established, the guilty parties must be determined. They shall be
held liable in accordance with this Law.
Information regarding proposals to strike immovable cultural
properties from the Register, must be published in the district
or local press, while that regarding cultural monuments, must be
published in no fewer than two republic newspapers, three months
prior to adoption of such decision.
Decisions concerning the striking of cultural monuments from
the Register, shall be published in the publication "Valstybės
Žinios."
Article 12. Supply of Information Regarding Immovable
Cultural Values
In cases where immovable cultural properties are part of
wealth which has been designated for state registration, the
Department of Cultural Heritage Protection must inform the
registrars of such wealth. Registrars enter the necessary
inscriptions in registration documents of this wealth.
The Department of Cultural Heritage Protection must inform
their owners (managers) and appropriate local governments,
concerning the inclusion of structures and their clusters and
their groups and locations in, or striking of such from the
Register, and also, regarding the designation of these immovable
cultural properties as cultural monuments.
Their owners (managers) shall be informed regarding
inclusion in the Register, or striking from it, of structure
fixtures and fittings, the designation of these properties as
cultural monuments. Public information regarding the protection
site and owners or managers of these objects, may only be
provided and published only with the approval of the owner
(manager), provided they shall not violate this Law and the rule
concerning protection of cultural properties.
Chapter III
PROTECTION OF IMMOVABLE CULTURAL PROPERTIES
Article 13. Subjects of Preservation of Cultural
Properties
Owners and managers shall be held liable for preservation of
their immovable cultural properties.
Local governments shall be also held liable for the
preservation of immovable cultural properties, managed by them
and also those, located within their territories, but not having
specific owners or managers, and ensure that owners and managers
of other immovable cultural properties, could adequately protect
these properties.
Objects included in local registers of cultural properties
shall be protected according to procedure established by local
governments.
Article 14. Protection Requirements for Immovable
Cultural Properties
Protection of immovable cultural properties must be in
keeping with their cultural value and authenticity and provide
conditions for suitable display of these properties.
Immovable cultural properties shall be protected through
suitable supervision, maintenance and use.
Supervision of immovable cultural properties must ensure
physical stability of these properties.
The following maintenance order shall be applied to
immovable cultural properties:
1) conservation preserving the present composition and size
of property;
2) conservation-restoration preserving present composition
and size of property while restoring its individual elements;
3) restoration, involving restoration and adaptation of
property; and
4) restoration and reconstruction, involving restoration and
adaptation of property and reconstruction of lost elements.
The following conditions of use shall be applied to
immovable cultural properties:
1) reserved indicating prohibition of economic use;
2) limited use; and
3) universal indicating non-limited use.
Specific requirements of protection of immovable cultural
properties are indicated within their protection regulations.
Article 15. Protection Regulations of Immovable
Cultural Properties
The protection regulations of immovable cultural properties
comprises the principal document for determination of the
conditions of supervision, maintenance, and use of this property.
Protection regulations also include the basic data from its
records, including its composition and size, principal marks of
its cultural value, public significance and territory. The
protection regulations shall be amended or made more specific
upon changes in protection conditions of the property, its
physical condition, or following designation of this property as
a cultural monument.
The protection of immovable cultural properties is also
drawn up and established by the Department of Cultural Heritage
Protection. Standardised regulations for protection of individual
groups of immovable cultural properties, that have been co-
ordinated with the State Commission for Cultural Heritage
Protection are, upon the recommendation of the Minister of
Culture, approved by the Government of the Republic of Lithuania.
For each immovable cultural property two copies of the
protection regulations are made up. On copy is presented to the
property owner (manager), while the other copy is kept by the
Department of Cultural Heritage Protection.
The owners and managers of immovable cultural properties
must observe the requirements of the protection regulations.
Article 16. Marking of Immovable Cultural Properties
Immovable cultural properties and their sites shall be
marked according to procedure established by the Department of
Cultural Heritage Protection.
Article 17. Protection Zones for Immovable Cultural
Properties
In order to protect the structures and their clusters,
groups and areas that have been included in the Register, from
external influence and to preserve their surroundings, the
Department of Cultural Heritage Protection shall establish
individual protection zones. These zones shall be established as
follows:
1) a physical protection zone; and
2) a visual protection zone.
Physical protection zones are areas situated beyond the site
of the immovable cultural property, wherein activities, that
might be physically harmful for these properties or their
territories, are carried on.
The visual protection zones are areas situated beyond the
physical protection zones or sites of immovable cultural
properties, wherein changes in surroundings may be detrimental to
the landscape or to optimal viewing of such.
Temporary protection zones shall be employed prior to
establishment of individual protection zones:
1) physical protection 50 metre width; and
2) visual protection 500 metre width.
Individual visual protection zones may exceed 500 meters, if
the preservation of the property shall be dependent upon it.
Individual protection zones must be established prior to
designation of immovable cultural properties as cultural
monuments.
The Department of Cultural Heritage Protection shall inform
owners (managers) of immovable cultural properties and owners
(managers) of all immovable cultural property objects situated
within these zones and also, administrators of such property
registers, and local governments, regarding the establishment of
individual protection zones.
Article 18. Immovable Cultural Property Protection Zone
Conditions
It shall be prohibited in a physical protection zone:
1) to perform operations which may cause ground deformation
or vibration;
2) to keep active chemical substances, readily flammable or
explosive materials;
3) to erect structures, which are not intended for
protection of immovable cultural properties or for guaranteeing
utilisation thereof; and
4) to perform other operations, that might harm immovable
cultural properties of the sites thereof.
It is prohibited to perform operations in the visual
protection zone, that may harm the landscape of the immovable
cultural properties or the optimal viewing of such.
Land and construction work projects within immovable
cultural property protection zones must be co-ordinated with the
Department of Cultural Heritage Protection.
The Department of Cultural Heritage Protection must approve
appropriate regulations for protection zones of different
immovable cultural property types.
Article 19. Protection of Immovable Cultural Property
Clusters or Separate Historical and Cultured
Landscape Sites - Protection of Immovable
Cultural Properties
Protective territories may be established for preservation
of immovable cultural properties of immovable cultural property
clusters and their surroundings and historical and cultured
landscape territories.
Protected territories shall be established in accordance
with the procedure prescribed by the Law on Protected Territories
of the Republic of Lithuania.
No protection zones shall be established for immovable
cultural properties located within protected territories.
Article 20. Protection Measures in Territorial Planning
Documents on Immovable Cultural Property
Measures for protection and integration into social
existence of immovable cultural property must be included within
regional or local territorial planning documents of the Republic
of Lithuania, being prepared.
Article 21. Maintenance Work of Immovable Cultural
Properties
Maintenance work of immovable cultural properties shall be
comprised of accident prevention, repair, adaptation,
investigation, conservation and restoration.
The goal of accident prevention, repair and adaptation work
of immovable cultural properties shall be to ensure good physical
condition and practical use of these properties through
preservation of the composition and size, principal cultural
value indicators and sites of immovable cultural properties as
established in the regulations.
The goal of investigation, conservation and restoration of
immovable cultural properties shall be to reveal the cultural
value of these properties, to preserve their authentic
composition and size as well as their principal cultural value
indicators and to display these properties or their individual
parts and to restore lost elements of properties.
Selection of maintenance work shall depend upon the cultural
value of the immovable cultural property, its physical condition,
authenticity and conditions of maintenance and use, established
in the protection regulations.
Restoration work shall be conducted in exceptional
circumstances only.
Officers of the Department of Cultural Heritage Protection
and experts authorised by them, shall have the right to observe
and note the maintenance work in progress. They shall have the
right to interrupt work, in circumstances whereby, new cultural
indicators have come to light. Upon work interruption, the
Department of Cultural Heritage Protection must adopt no later
than within a 15-day period, decisions regarding research of the
newly uncovered properties and the further work schedule.
Article 22. Protection of Immovable Cultural Properties
in Performance of Accident Prevention, Repair
or Adaptation Operations
Immovable Cultural Property accident prevention, repair or
adaptation operations and performance of such operations on their
sites shall require the permit of the Department of Cultural
Heritage Protection. A draft plan, co-ordinated with the
Department of Cultural Heritage Protection shall be required to
carry out adaptation work.
The Department of Cultural Heritage Protection must issue a
permit within a one month period from the day of request, to
perform operations or to co-ordinate adaptation draft plans, or
to issue justifiable refusals, if the operations shall fail to
meet the requirements of the conditions of Article 21 of this
Law.
The license issued by the Department of Cultural Heritage
Protection, to commence work and the co-ordinated adaptation
draft plan shall be valid for the period of one year.
The Department of Cultural Heritage Protection, in issuing
the permit for accident prevention, repair or adaptation work
operations and in co-ordinating the adaptation draft plan, must
require the performance at the same time of vital investigation,
conservation and restoration work.
Accredited experts must oversee the accident prevention,
repair or adaptation work.
Article 23. Investigation, Conservation, Restoration
and Reconstruction of Immovable Cultural
Properties
Immovable cultural properties may be investigated,
conserved, restored and reconstructed only in accordance with
conditions, programmes or draft plans approved by the Department
of Cultural Heritage Protection and following the receipt of a
permit from this department. The Institute of History of
Lithuania shall participate in the establishment of investigation
procedure and work.
The conditions, programmes or draft plans that have been
approved, shall be valid for a period of three years.
The permit of the Department of Cultural Heritage Protection
shall be valid for one year.
The Department of Cultural Heritage Protection must approve
or provide a justified refusal for investigation, conservation,
restoration or reconstruction conditions for immovable cultural
properties, if the works do not comply with the conditions set
forth in Article 21 of this Law, within a two-month period from
the day of request, and the licence shall be issued within a
period of 15 days.
Only subjects possessing licenses to perform such works, and
also prepare requirements, programmes or draft plans, for the
performance thereof, shall be able to perform works regarding
investigation, conservation, restoration and reconstruction of
immovable cultural properties.
Article 24. Protection of Objects Possessing Immovable
Cultural Property Indicators
The Department of Cultural Heritage Protection must prohibit
actions, that would diminish the cultural value of immovable
cultural objects possessing cultural value indicators, not yet
included in the Register, until such time as the question of
their inclusion in the Register shall be resolved.
Article 25. Limitation of Works Involving Large-Scale
Earth Moving Operations
Legal or natural persons, wishing to perform large-scale
earth moving operations (construction, road laying, obtaining of
useful fossils and the like) upon sites, which are not immovable
cultural properties and exceed 5 hectares in size, must inform a
year in advance of the start of operations the Department of
Cultural Heritage Protection, which performs prospecting
investigations of such sites, of the commencement of operations.
If, in the course of investigations, some objects possessing
immovable cultural properties are discovered, the Department of
Cultural Heritage Protection may propose to persons noted in part
one of this Article, to assume financial responsibility for
expenses incurred in required archaeological research,
investigation of discovered properties and transfer thereof to
state depositories, or the transfer of planning operations to
another location.
Large-scale earth moving operations shall be possible only
upon completion of required archaeological research, and transfer
work of discovered cultural properties to state depositories.
Article 26. Protection of Objects Discovered in Earth,
Water, Buildings and Elsewhere, Possessing
Immovable Cultural Property Indicators
Information concerning objects possessing indicators of
immovable cultural properties, discovered in earth, water,
buildings and elsewhere shall be furnished to the Department of
Cultural Heritage Protection.
In cases wherein objects possessing indicators of immovable
cultural properties are discovered in the course of earth
excavations, construction or other operations, the owner, manager
of this site, shall be responsible for suspending operations
without delay, for guaranteeing protection of objects and
informing the Department of Cultural Heritage Protection. The
Department of Cultural Heritage Protection shall adopt a decision
concerning investigation and registration of this site and the
discovered objects, no later than within a 15-day period.
Article 27. Financing for Protection of Immovable
Cultural Properties
Operations involved in protection of immovable cultural
properties shall as a rule be carried out through owner or
manager funding.
The following shall be funded from the State Budget:
1) accident prevention, repair, investigation, conservation,
restoration and other operations involved in the supervision of
cultural properties belonging to the state;
2) accident prevention, repair, investigation, conservation,
restoration and other operations involved in the supervision of
cultural properties not employed for economic purposes; and
3) fifty percent of the necessary investigation and
conservation operation expenses on all cultural monuments not
under state ownership, but open to the public. A larger portion
of the expenses involved in these operations may also be
compensated, subject to approval by the Government of the
Republic of Lithuania.
The following shall be funded from the local government
budget:
1) accident prevention, repair, investigation, conservation,
restoration and other operations involved in protection of
cultural properties belonging to local governments;
2) accident prevention, repair, investigation, conservation,
restoration and other operations involved in the supervision of
cultural properties non-designated as cultural monuments.
The Department of Cultural Heritage Protection may finance
from its allocated state budget funds, operations involved in the
elimination of emergency conditions, installation of protection
equipment and other preservation operations.
Preservation of immovable cultural properties may be
financed also from other sources.
Article 28. Tax Reliefs and Funds
Tax reliefs established by laws shall be applied for owners
of immovable cultural properties.
The funds obtained for use of immovable cultural properties
and fines for damage thereof, are included in the cultural
property protection accounts, according to established procedure,
and shall be used for the repair, conservation and restoration of
these properties.
Article 29. Transactions Involving Immovable Cultural
Properties
Owners of immovable cultural properties, who seek to sell or
otherwise transfer such properties, must advise future owners,
concerning the status and protection routine requirements of
such.
All new owners of immovable cultural properties assume all
rights and regulations established by this Law.
In the event the condition of the immovable cultural
property shall not coincide with that included in the protection
register, an adjustment must be entered in the protection
register.
Transactions involving registered immovable cultural
properties must be confirmed by a notary and registered with the
Department of Cultural Heritage Protection, within a period of
three months.
Article 30. Insurance of Immovable Cultural Properties
In instances established by laws, immovable cultural
properties must have mandatory insurance.
Article 31. Export of Immovable Cultural Properties
It shall be prohibited to permanently export from the
Republic of Lithuania, immovable cultural properties or the parts
thereof.
The Government of the Republic of Lithuania shall establish
the procedure for temporary export from Republic of Lithuania, of
immovable properties or the parts thereof.
Chapter IV
FINAL PROVISIONS
Article 32. Liability for Violations of Laws on
Protection of Immovable Cultural Properties
Criminal, administrative and other liability shall be
applied for individuals who have violated the laws on protection
of immovable cultural properties.
Article 33. Compensation for Damages to Immovable
Cultural Properties
Legal and natural persons, who have caused damage to
immovable cultural properties, their sites or protection zones,
shall be obligated to repair, restore or reconstruct the
properties, and to restore the physical condition of their sites
or protection zones and also to compensate for inflicted damages.
The Department of Cultural Heritage Protection shall
establish the nature and amount of replacement for damages to
immovable cultural properties, their sites or protection zones.
The funds obtained in compensation for inflicted damages,
shall be used in accordance with Article 27 of this Law,
regarding protection of immovable cultural property operations,
financed from the State Budget funds.
Article 34. Compulsory Purchase of Immovable Cultured
Property by the State
In instances whereby the owners of immovable cultural
properties shall fail to comply with regulations governing
protection of these properties or shall inflict damage upon them,
the Department of Cultural Heritage Protection shall warn the
owner in writing and indicate the time limit set for elimination
of shortcomings. In the event the owner shall fail to comply with
this requirement, the court may, based upon a claim by the
Department of Cultural Heritage Protection, seize and transfer
this property into state ownership. The owner shall be
compensated in accordance with the immovable cultural property's
value, which is established according to the former owner's
agreement with the Department of Cultural Heritage Protection,
while in the existence of a dispute, it shall be decided by the
court.
Article 35. Settlement of Disputes Involving Protection
of Immovable Cultural Properties
Disputes between the Department of Cultural Heritage
Protection and the owners or managers thereof, regarding
protection of immovable cultural properties, shall be resolved in
accordance with court procedure.
Article 36. International Agreements and Arrangements
In the event, the international agreements or arrangements,
of which the Republic of Lithuania is a participant, shall
establish regulations other than those indicated in this Law, the
regulations of international agreements and arrangements shall
apply.
Article 37. Coming into Effect of this Law
This Law becomes effective from February 1, 1995.
I hereby promulgate this Law adopted by the Seimas of the
Republic of Lithuania.
Algirdas Brazauskas
President of the Republic
Vilnius
December 22, 1994,
No. I - 733