Chapter VI. Special Provisions
§ 22 Administrative procedure
1. When work commences on a protection order in accordance with the present Act (cf. Sections 15, 19 and 20), the municipalities involved must be contacted for a discussion of the delimitation of the area, the details of the protection provisions, and other matters of importance to municipal and county planning.
The authority responsible for the protection shall publish an notice, as a rule in at least two newspapers with wide local circulations, describing the intended protection order and its likely consequences. Landowners and holders of rights should as far as possible be informed by letter and given a reasonable time limit for comment before the protection order is drawn up.
When a protection order is being prepared, cooperation shall be sought at an early stage with public authorities, organizations, etc. with special interest in the matter.
2. When a protection order has been drawn up, notice shall be given in the Norwegian Gazette and in at least two newspapers with wide local circulations that a protection proposal has been made available for public inspection. The notice must include a description of what the proposal comprises and set a reasonable time limit for comment, which must be no less than six weeks after the publication of the notice. As far as possible, landowners and holders of rights in the area should be informed by letter.
In connection with the publication of the notice, the matter shall be submitted for comment to the specialist government agencies concerned.
3. Before a protection order is finalized, the proposal shall be submitted for comment to the municipal council. A time limit may be set for the municipal council’s response.
4. The Ministry may impose a temporary protection order until the matter has been settled.
5. Protection orders in accordance with Sections 6, 15, 19 and 20 are subject to judicial registration.
Amended by Act of 14 June 1985 No. 77, Act of 21 April 1989 No. 17, Act of 3 July 1992 No. 96 and Act of 3 March 2000 No. 14.
§ 22a Protection of state-owned structures and sites
The Ministry may issue regulations concerning the protection of such structures and sites, etc. as are described in Section 15 that are owned by the State. If the structure or site is sold and is no longer in state ownership, the protection order shall be officially registered, cf. Section 22, subsection 5.
The provisions of Section 15, third and fourth paragraph, Section 15a, first paragraph, Sections 16-18 and Section 22, subsection 4, similarly apply.
A protection order for an area in order to safeguard protected structures and sites in state ownership will be issued in accordance with Section 19, cf. Section 22.
Added by Act of 3 March 2000 No. 14.
§ 23 Prohibition on exports
The following may not be exported without the consent of the Ministry:
a. automatically protected monuments and sites pursuant to this Act.
b. structures of all kinds and parts of structures, coins, archive material, manuscripts, seals and signets, furniture and other inventory or chattels, costumes, weapons and the like that are over 100 years old and that are interesting for artistic or cultural reasons or because of their associations with historic persons. The Ministry may for special reasons extend the export prohibition to such objects irrespective of their age.
c. Sami monuments and sites irrespective of their age.
d. objects commemorating prominent or important persons, and historical remains of activities and events of importance to Norwegian history of whatever age.
e. paintings, sculptures and other pictorial art, handicrafts and prototypes of design products that are more than 50 years old.
f. boats, motor vehicles, aircraft and rolling stock or parts of these that are more than 50 years old.
The Ministry may issue special regulations for implementing the prohibition on exports, including further details of which objects are covered by the prohibition.
Amended by Act of 3 July 1992 No. 96 and Act of 3 March 2000 No. 14.
§ 23a Return of cultural objects
A cultural object unlawfully removed from the territory of a State Party to the Agreement on the European Economic Area (EEA) and which is being kept in Norway shall be physically returned to the territory of that State. The return referred to in Sections 23b and 23f is to be understood as a return in this manner.
Added by Act of 24 November 1995 No. 63.
§ 23b Tracing cultural objects etc
The competent authority will assist the requesting State in tracing a cultural object and preventing any action to evade the return procedure. The police shall on request assist the competent authority in tracing the object. Coercive measures in accordance with Chapters 15 and 16 of the Penal Code may be applied even if no one may be penalized for importing, being in possession of or otherwise being connected with the object.
Added by Act of 24 November 1995 No. 63.
§ 23c Judicial procedure
The requesting State may initiate legal proceedings at a district or city court for the return of a cultural object. Proceedings shall be initiated against the possessor or holder. A claim for damages according to Section 23d may be submitted to the same court as part of the proceedings described in the first sentence.
A document describing the object and stating that it is a cultural object shall accompany the writ of summons pursuant to the first sentence of the first paragraph. A declaration by the competent authority of the requesting State that the cultural object was unlawfully removed from its territory shall also be enclosed.
The right to initiate legal proceedings for the return of an object as described in Sections 23a to 23f is subject to a time-limit of one year after the requesting State became aware of the location of the cultural object and of the identity of its possessor or holder. Limitation commences, at all events, no later than 30 years after the cultural object was unlawfully removed from the requesting State’s territory, or in the case of cultural objects forming part of public collections and ecclesiastical goods subject to special protection arrangements under national law, no later than 75 years after the cultural object was unlawfully removed from the requesting State’s territory.
The requesting State will bear the costs of implementing a decision ordering the return of a cultural object.
Return proceedings may not be brought if removal from the national territory of the requesting Member State is no longer unlawful at the time when they are to be initiated.
Added by Act of 24 November 1995 No. 63.
§ 23d Compensation
If a cultural object is to be returned, the requesting State shall pay reasonable compensation to the possessor if the latter exercised due care and attention in acquiring the object. The compensation shall be paid upon return of the object.
Added by Act of 24 November 1995 No. 63.
§ 23e Right of ownership
The ownership of a cultural object after its return shall be governed by the legislation of the requesting State.
Added by Act of 24 November 1995 No. 63.
§ 23f Supplementary provisions
The Ministry will issue further regulations on the return of cultural objects in accordance with subsection 1, Chapter XXVIII of Appendix II of the EEA Agreement (Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State), including provisions on which objects fall within the scope of these arrangements.
Added by Act of 24 November 1995 No. 63.
§ 24 National Council for Cultural Heritage
The National Council for Cultural Heritage shall comprise a chairperson and six other members with personal deputies, all appointed by the King for four-year terms. The first appointment of two of the members and their deputies shall be for a term of two years. At least four of the members and their deputies shall be professionally qualified in the field of preservation of the cultural heritage.
The Council shall work to advance the preservation of the cultural heritage. It shall serve as an advisory body to the Ministry on issues covered by this Act and in other matters involving interests relating to the cultural heritage.
The King will issue further regulations concerning the duties, organization and working methods of the Council.
§ 25 Duty of public authorities to report
Central government, county and municipal agencies which become involved in measures covered by this Act have a duty to report this to the Ministry or to the authority appointed pursuant to this Act.
The municipality has a duty to send to the competent authority any application to demolish or substantially alter structures or sites established before 1850 that are not protected no later than four weeks before the application is decided on. Decisions to demolish or substantially alter such structures or sites shall be sent immediately to the competent authority, if the latter has expressed its opposition to demolition or substantial alterations.
Amended by Act of 3 March 2000 No. 14.
§ 26 Advance valuation
The Ministry may order a judicial valuation to establish whether and, if so, to what extent a decision pursuant to Sections 19 and 20 will result in the public authorities being liable for compensation in accordance with normal principles of law. The subsequent decision must be taken no later than one year after the valuation has become legally binding for all landowners and holders of rights.
Amended by Act of 3 July 1992 No. 96.
§ 27 Penalties
Any person who wilfully or negligently contravenes any prohibition, order, condition or provision in or pursuant to this Act may be punished by fines or imprisonment for up to one year. In particularly aggravating circumstances, prison sentences of up to two years may be given. Aiding and abetting or any attempt at contravention are subject to the same penalties. Violation of the first sentence is regarded as a misdemeanour.
Amended by Act of 3 July 1992 No. 96 and Act of 3 March 2000 No. 14.
§ 28 The proper authority according to the Act
The King determines which is the proper authority pursuant to Sections 3, 4, 5, 6, 8, 9, 11, 13, 14, 15, 15a, 16, 17, 18, 21, 23b and 25.
The King may also decide that municipal and county authorities shall be the proper authorities according to the provisions mentioned. The Ministry may decide that municipalities and counties shall as far as possible provide expert assistance in case under to the present Act.
The Ministry may issue further regulations for supplementing and implementing the Act.
Amended by Act of 3 July 1992 No. 96, Act of 24 November 1995 No. 63 and Act of 3 March 2000 No. 14.
§ 29 Entry into force. Repeal and amendment of other Acts
1. This Act enters into force from such date as the King decides. From the date of entry into force of this Act, .... are repealed.
The following is laid down in the Act of 3 July 1992 No. 96 II second and third link:
Sections 15a - 18 of this Act also apply to structures, sites, etc. protected pursuant to Section 15 before the Act enters into force.
Section 21 of the present Act on upkeep also applies to areas protected pursuant to Section 21 before the Act enters into force.