Transcript Hungarian WH Law

Hungarian Law on World Heritage
(2011/LXXVII entered into force
1st January 2012)
Gyula Forster National Centre for
Heritage Management
Management of WH Properties
Meeting of Traditions?
CONSERVATION
• Legal tools,
administrative traditions
• « Defensive »
• isolation
MANAGEMENT
• Economy, development
• « Proactive »
• integration
SUSTAINABILITY
Socioeconomic
processes
Heritage
values,
properties
resources
Heritage
values,
properties
Socioeconomic
processes
resources
Hungary ratified the Convention in 1985
Aggtelek
SLOVAQUIE
Fertő/
Neusiedlersee
Tokaj
Hollókő
Pannonhalma
Budapest
Pécs
Hortobágy
Thematic diversity
Cultural
Heritage
Cultural
Heritage
(Cultural
landscape)
(Built)
Fertő-Neusiedlersee
Hortobágy
Budapest
Pécs
Tokaj
Pannonhalma
Hollókő
Natural
heritage
Aggtelek
Site Management: current situation...
More or less
organised,
structured
management
Problematic or
unregulated
management
Pannonhalma
Tokaj
Fertő
Hollókő
Pécs
Hortobágy
Aggtelek
Budapest
INTERNATIONAL level
Obligations from the WH Convention
- Responsibilities
- Bearing the costs
- Enjoying benefits
STATE PARTY
Outstanding
Universal
Value
World Heritage Site: LOCAL LEVEL
Municipalities, local communities, civil
organizations
Objectives of the law
Effective implementation of the WHConv. conservation of OUV and sustainable
development
Management of sites (une notion à
domestiquer/accomoder) with the participation
of stakeholders
 Management Plan
 Management organism (appointed and contracted
by the Minister)
Reinforce protection
 MP has legal status (gov. Decree)
Funding
 Subventions, prizes, fiscal tools, etc.
Basic principles
“WH Territory” = “WH site” + its “buffer zone”
The protection and sustainable use of sites is of
common interest - cooperation of State, local
authorities, Churches, ngos, and individuals in
conformity with their obligations from regulations
concerning culturel and natural heritage
NO new level of protection
Integration of the principles of WH in regulations
and plans that affect WH sites... (for eg.
inclusion in national spatial planning law as a
special zone („WH and tentative WH properties”)
Mechanisms for Tentative Listing
Act LXXVII of 2011 on the World Heritage
MANAGEMENT
PLANS
State - Minister(s)
World Heritage Committee
WORLD
HERITAGE
FRAMEWORKS
MANAGEMENT
BODIES
OF LEGAL
PROTECTION AND
PROTECTION
MANAGEMENT
Local Governments
+
Tentative sites
Civil organizations, churches
of OUV (in its
attributes).
WORLD HERITAGE
Authorities dealing with concrete issues PlANNING JURIES
COMPLEX WORLD
HERITAGE IMPACT
ASSESSMENT
FINANCING
Financial support system based on grants, and tax-exemptions/reduction
Coordination – consultation on
national level
National WH Commission : inter-ministeriel and
inter-professional mechanism of cooperation.
Consultative body who advises the Minister of
Culture:
 Representatives of 11 governmental sectors (Ministries, State
secretaries)
 Presidents of two parliamentary commissions (culture,
sustainable developpement)
 Heads of cultural and natural heritage protection agencies
 ICOMOS and IUCN
 Representatives of each WH site
Site management: plan,
management body
• Management Plan
– By Gov. Decree for each site
– Has primacy over local urbanism and development plans (36 / 24 / 18
months deadline for revision)
• Complex World Heritage Impact Assessment
- integrated in administrative processes
•
Architectural Jury (intercommunal)
• Management body appointed by the Minister for 7 years
– Coordinator, catalyser, no legal-administrative mandate
– Partly financed by the State (contract)
MANAGEMENT of WH SITES (WH Act 7.§)
PROTECTION,
CONSERVATION
INTERPRETATION,
VISITOR
MANAGEMENT,
MARKETING
MONITORING
OUV
in attributes
EDUCATION, TRAINING
RESEARCH
• No specific provision on protection for WH
properties (should be protected under C/N
heritage protection)
• BUT: ManPlan adopted as governmental
decree → obliges local regulation
• Inclusion in national spatial planning law
as a special zone („WH and tentative WH
properties”)
MANAGEMENT PLAN (315/2011 (XII. 27.) Gov. Decree)
PRELIMINARY DOCUMENTATION (PD)
Summary of Data
MANAGEMENT PLAN (MP)
Analysis
Normative content
based on OUV
MANAGEMENT MANUAL
Operative,
execution
Evaluation
The State –
consulting local
communities
The State –
consulting local
communities
Current State of
Affairs
Objectives
Site Manager –
working together
with local
communities
Tools
MPs issues by Gov. Decree and reviewed at least every seven years
MANAGEMENT PLAN
PRELIMANARY DOCUMENTATION (PD)
I. Introduction
II. Identification
III. Descriptive
part
IV. Analytic part
V. Background
materials
MANAGEMENT PLAN (MP)
I.
Identification data
II.
Summary of the OUV
III.
Aims and strategies of
the maintenance,
preservation and
presentation of the OUV
IV.
Detailed description of
management methods,
limitations, prohibitions
V.
Social-professional
participation in the
decision-making related
to management
VI.
Financing
VII. Monitoring
MANAGEMENT MANUAL
I.
The daily update of
the preliminary
documentation
II.
Short- and mediumterm action plans
aiming at the
implementation
strategies and aims of
MP
III. Instruments of
monitoring
IV. Address book of
partners
PREPARATORY DOCUMENTATION 1/4
I. Introduction
Terms and methodology applied
II. Identification
1. Identifying data of the WHS
a) Name of the WHS, description of the boundaries of the WHS and its
buffer zone, and their presentation on cadastral or topographic map(s)
of appropriate scale,
b) Territorial data (extension, size).
2. Statement of Outstanding Universal Value
a) Brief synthesis
b) Criteria
c) Integrity (all sites)
d) Authenticity (criteria i-vi)
e) Management and protection requirements
PREPARATORY DOCUMENTATION 2/4
III. Description
1. Description of the WHS
a) Historical description of the site, with special regard to
significant changes through its history and to interventions
with the aim of conservation
b) The presentation of the protection of the site
2. Presentation of stakeholders in the use and protection of
the WHS (especially the Management Body, local
municipalities, owners, property managers, religious entities,
civil organisations, state organizations, research centres and
universities)
3. Legal regulations affecting the values of the WHS and its
management.
PREPARATORY DOCUMENTATION 3/4
IV. Analysis
1. Socio-economic analysis (population, employment, health,
schooling, income, demand and supply analysis, infrastructure,
human and financial resources),
2. Analysis of the reputation of the WHS,
3. Analysis of tourism, offers and networks
4. Analysis of state of conservation with the indication of
necessary interventions
5. Analysis of threatening factors and global impacts on the
state of conservation of the WHS (especially natural disasters,
climate change, human activity),
6. Survey and analysis of the development possibilities
related to the values of the WHS, with specification of the
limits of carrying capacity, including intangible cultural heritage,
cultural events and cultural routes,
7. Analysis of prior and on-going plans and programmes affecting
the WHS and its management
PREPARATORY DOCUMENTATION 4/4
V. Background materials and previous documentation
1. List of the historical and archive data related to the values of the WHS, (both
written and visual) and a list of research findings and other documents with
indication of their availability
2. National or international documents related to the WHS issued in the course of
the implementation of the WH Convention, especially:
a) nomination document of the WHS
b) Decisions of the UNESCO Word Heritage Committee in original languages
and in Hungarian translation
c) Evaluations and recommendations of Advisory Bodies and of reactive
monitoring missions
d) Periodic reports, notifications of the State Party to the WH Centre, reports
on the State of Conservation,
e) Decisions of the Hungarian World Heritage Commission
f) Reports and summaries compiled for the Government and the National
Assembly
3. Decrees of municipalities related to the WHS
4. Minutes of technical-architectural juries related to the WHS
4. Statistic data and maps, notably the presentation of the existing protection
MANAGEMENT PLAN 1/3.
I. Identification
1. Name of the WHS
2. Boudaries of the WHS:
a) identification of the location of the World Heritage property by using
real estate registration lot numbers or by EOV and WGS 84
coordinates;
b) delimitation of the World Heritage property in a cadastral or
topographical map at a scale appropriate for the size of the property;
c) identification of the location of the buffer zone of World Heritage
property by real estate registration lot numbers or by EOV and WGS
84 coordinates;
d) delimitation of the buffer zone of World Heritage property by in a
cadastral or topographical map at a scale appropriate for the size of
the buffer zone.
II. SOUV as accepted by UNESCO World Heritage Committee,
registered by the WHS Centre
MANAGEMENT PLAN 2/3.
III. Objectives of the preservation, maintenance and
presentation of the OUV of WHS
Definition of priorities in the following areas:
1. research,
2. improving the state of conservation (restoration, maintenance,
rehabilitation)
3. increasing sustainability,
4. accessibility and traffic,
5. presentation, visitor management, tourism,
6. professional training, further training,
7. education, awareness-raising, awareness-raising,
8. environmental factors, connections, climate change,
9.Creating consistency among tools of local and territorial planning
10. disaster mitigation
11. communication.
MANAGEMENT PLAN 3/4.
IV. Detailed description of management methods, restrictions,
prohibitions
1. Management methods affecting WH territories especially in the following
areas:
a) preservation / protection,
b) usage promoting sustainability,
c) extraordinary situations;
2. Detailed description of restrictions and prohibitions - deriving from the
protection set forth in the legal regulations on cultural heritage protection as
well as on the formation and protection of the built environment – given from
the viewpoint of the OUV of WH territories and established with regard to the
specificities of the WH territory
3. In cases when a nature protection management plan is in force in a
protected natural area located in a WH territory, references and links to the
relevant nature protection management prescriptions that are laid down in
those plans and that guarantee the protection of OUV.
MANAGEMENT PLAN 4/4.
V. Social and professional participation in decision-making concerning management
1. Description of tools for involving stakeholders (fora, mechanisms, processes, etc.)
2. Mechanisms and tools for concertation and conciliation
a) defining the types of cases in which the conciliations must be carried out (e.g. with the
involvement of authorities, of owners, of users, etc.)
b) in case of disagreement, what steps can and have to be carried out
3. Possible sources of conflict, conflict management
VI. Financing
1. Grounds for specific financial needs of the WH territory:
a) special circumstances as set out in point IV.,
b) elements, processes, activities related to the WH site that are to be supported
2. Definition of the system of conditions to be applied.
VII. Monitoring
a) basic data
b) indicators,
c) mechanisms and processes
d) feedback
MANAGEMENT MANUAL ≈ ACTION PLAN
I. The preliminary documentation, regularly updated
II. Short- and medium-term action plans aiming at the completion of strategies and aims included
in the Management Plan, especially in the following areas:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
research,
improving state of conservation (restoration, maintenance, rehabilitation)
increasing sustainability,
accessibility, traffic,
presentation, visitor management, tourism,
professional training, further training,
education, awareness-raising,
environmental factors and connections, change of climate,
disaster mitigation
communication.
III. Instruments of monitoring
1. checklists ,
2. (scientific) analysis, documentation related to the indicators
3. other supporting material
IV. Operational address book of partners
Daily updated database on the professional and scientific, and municipal, social partners involved in the
management of the WHS, including international partners.
Management: conserving values
• Once agreed on the values (OUV), they need
to be maintained = management
• If our aim is successful management:
adequate directives, processes and
procedures (decision making, exectuion) are
vital:
– participation, transparency, liability
Managing organization
Local
World Heritage Forum
Consultative body
Community participation
Protectors of historic values
and creators of new values
WH
Management
Body
Operativeexecutive,
Coordinator,
catalyser
cultural / nature heritage authority
NGOs
Municipalities
Local WH Forum
Local SMEs
The WH management plan provides a framework for the realisation of value-centred
development - focusing on the EU 2014-2020 resources
Municipalities-the preservers/protectors of historic and natural values and the creators of new
values-participate in the formation of the management plan AIM: local development built on
protection of historic values (community lead local development).
Capacity-building (PA 25)
Revealing the Economic and Social
Potentials of Cultural Heritage
project for 3 years starting February 2013
Diagnosis
• CH is not sufficiently integrated in (local)
socio-economic processes and development
• Human and/or financial resources are often
lacking and/or not used in a way to ensure the
sustainment of CH values
• Enabling institutional context is partly lacking
Develop 2 methodologies
A) to measure the socio-economic
benefits and impacts of CH
B) on how to restore CH in a way that
ensures its integration in the local
socio-economic processes
Thank you for your attention!
[email protected]
http://www.vilagorokseg.hu/port
al/hungarian_act.php