The Heritage Conservation Act aims to improve the documentation of monuments and the care for them

Prague - On Wednesday, the government will discuss a proposal for a new monument preservation law. A change in legislation regarding heritage preservation has been expected for over 20 years, and the law from 1987 has been amended numerous times. Nevertheless, experts claim it does not meet contemporary needs, particularly in the area of archaeological research. The current regulations have not responded to the construction boom that occurred after 1989 and do not provide clear rules for builders on how to handle archaeological finds at the site.
     For the past two years, partly due to this, a so-called archaeological amendment has also been developed in parallel with the preparation of the new law; experts have raised concerns about this as well, and last April, the legislative council of the government returned it to the ministry. According to information from ČTK, the amendment is also expected to be presented to the government soon.
     According to the authors of the law, its goal is to ensure a simpler, more effective, and transparent method of protecting monuments regardless of ownership. The law is also intended to streamline the system of heritage preservation. It will define the monument fund, rights and obligations of owners, and compensation for restrictions on property rights.
     Archaeologists welcome that problematic parts were successfully added during the comment process, but they view as controversial the provision that a municipal or regional official will decide on the obligation of the builder to conduct archaeological research. Experts fear that their qualifications in the field of archaeology are low. They also worry that municipalities might weigh their own interests too heavily in their decisions, meaning that they could decide to save on archaeological research in the case of planned public constructions. In the Czech Republic, around 9,000 construction activities are reported each year in areas with archaeological finds, but according to estimates by archaeologists, around 30,000 constructions take place annually in such areas.
     However, archaeologists also criticize the proposed amendment. The legislative council criticized it for being excessively accommodating to the interests of protecting archaeological heritage, imposing an excessive administrative burden on builders, insufficient coordination with the building law, and purportedly groundless strengthening of the competencies of archaeological institutes. Conversely, experts stated that the amendment reduces the influence of archaeological institutions on the decisions of administrative bodies, does not emphasize archaeology as a science but rather as a mere service, opens uncontrollable possibilities for siphoning off financial resources for builders, and increases bureaucracy regarding archaeologists.
     A novelty in heritage preservation is to be the protection plans for heritage reserves and zones issued by regional offices. The plan will specify which objects or types of work on them the owner would not have to request a statement from monument conservationists - today, anyone whose house is located in a zone or reserve must do so. However, this exemption will not apply to houses declared as monuments. Similarly, plans for areas "excluding the obligation to tolerate rescue archaeological research" should also be created. If the owner does not take care of the monument, the state may expropriate it according to the proposed law.