Natural and Cultural Heritage Act 673

An Act to Establish the Natural and Cultural Heritage Authority (NCHA) for the Protection, Preservation, and Promotion of Natural and Cultural Heritage Sites.

ACTIONED on 20 NOV 2024 with 17 Aye, 2 Nay, 2 Abstain

Introductory

Article 1 - Definitions

1.1 - This Act may be cited as the "Natural and Cultural Heritage Act (673)." 1.2 - In this Act, unless context otherwise requires –

1.2.1 - "the Minister" means the Junior Minister for the Environment, or any persons appointed by the Junior Minister or Senior Ministers to perform the functions of the Junior Minister under this Act.

1.2.2 - "NCHA" means the Natural and Cultural Heritage Authority henceforth established by this Act.

1.2.3 - "Natural Heritage Site" means a geographic area of particular interest due to —

1.2.3.1 - its biodiversity;

1.2.3.2 - the existence of an endangered species;

1.2.3.3 - its lack of alteration by humanity; or

1.2.3.4 - its general ecological or environmental value or significance.

1.2.4 - "Cultural Heritage Site" means a location of historical, archaeological, spiritual, or artistic significance. 1.2.5 - "Intangible Heritage" means the traditions, languages, rituals, performances and knowledge that form part of a community's cultural identity.

Article 2 - Duties of the Minister

2.1 - The Minister shall have the power to –

2.1.1 - appoint and dismiss the Director-General of the NCHA

2.1.2 - establish guidelines and regulations for the functioning of the NCHA

2.2 - The Minister must –

2.2.1 - submit annual reports to the General Assembly on the state of managed Heritage Sites and the activities of the NCHA.

2.2.2 - ensure the proper functioning of the NCHA in line with its mandate as defined by this Act.

Article 3 - Provision of funds

3.1 - The NCHA shall be apportioned funds from the annual national budget as requested by the Minister.

3.1.1 - An initial budget shall be set at ₣120,000,000.

3.2 - A portion of the NCHA budget shall maintain a dedicated fund for the acquisition of heritage sites.

3.3 - The NCHA may accept financial support in the form of donations and grants from private entities, charities, non-governmental organisations, or international bodies.

3.4 - The NCHA may raise revenue from visitors to Cultural Heritage Sites through entrance fees or retail means.

3.5 - The NCHA may not charge entrance fees, nor raise funds through any retail means that would disrupt the site at Natural Heritage Sites.

The Natural and Cultural Heritage Authority

Article 4 - Mandate of the NCHA

4.1 - There shall be created a Natural and Cultural Heritage Authority.

4.2 - The purpose of the NCHA shall be to –

4.2.1 - protect, preserve, and promote the natural, cultural, and intangible heritage of Kodiak;

4.2.2 - identify and register locations of natural, cultural, or intangible heritage;

4.2.3 - develop strategies, policies, and regulations for the use, development, and management of heritage sites; and

4.2.4 - raise public awareness and community engagement in heritage conservation efforts.

4.3 - The NCHA shall be lead by a board of directors and chaired by the Director-General.

4.4 - The NCHA shall have a framework for both volunteer workers and salaried staff.

Article 5 - Functions of the NCHA

5.1 - The NCHA shall maintain a registry of identified natural and cultural heritage sites.

5.2 - The NCHA will be empowered to –

5.2.1 - create regulations on the usage of heritage sites; and

5.2.2 - issue permits for the development and/or usage of heritage sites.

5.3 - To fulfil its duties, the NCHA shall –

5.3.1 - create and implement conservation and restoration plans;

5.3.2 - monitor the physical condition of heritage sites; and

5.3.3 - enforce the sanctions specified in this Act against individuals who violate heritage regulations.

5.4 - The NCHA will be responsible for facilitating academic research at heritage sites.

Heritage Sites

Article 6 - Categories

6.1 - The NCHA will categorise sites into the following broad categories:

6.1.1 - Natural Heritage Sites;

6.1.2 - Cultural Heritage Sites; and

6.1.3 - Intangible Heritage.

6.2 - The NCHA may further subcategorise Natural Heritage Sites as —

6.2.1 - Natural Monuments, for those sites of natural beauty or environmental significance that are smaller in scope;

6.2.2 - National Parks, for those large expanses of natural, unmodified landscape with environmental significance or natural beauty; or

6.2.3 - Nature Reserves, for those sites where the primary focus is the conservation of species.

6.3 - The NCHA may further subcategorise Cultural Heritage Sites as —

6.3.1 - Architectural Landmarks, for those sites of architectural significance;

6.3.2 - Historical Landmarks, for those sites of historical or archaeological significance;

6.3.3 - Spiritual Landmarks, for those sites of religious or spiritual significance; or

6.3.4 - Local landmarks, for those sites whose significance is limited to a local level.

6.4 - The NCHA has may create specific regulations for the management of sites based on the categories in this Act.

Article 7 - Management

7.1 - Each site shall be managed by a dedicated Heritage Committee.

7.2 Each Heritage Committee shall be composed of -

7.2.1 - NCHA representatives,

7.2.2 - local community leaders, and

7.2.3 - experts in relevant fields.

7.3 - Funding shall be granted to Heritage Committees by the NCHA based upon internal decision making procedures.

7.4 - Heritage Committees should involve the local community in decision making processes where practicable.

7.5 - Heritage Committees must ensure that sites are maintained sustainably, with minimal environmental impact and with eco-friendly tourism practices.

Article 8 - Ownership and Acquisition

8.1 - The NCHA may govern, manage, regulate and protect all identified heritage sites regardless of ownership status.

8.2 - Where necessary for its conservation, the NCHA may take ownership of a site through -

8.2.1 - voluntary sale following good faith negotiations with the current owner or owners;

8.2.2 - donation, bequest, or gift by the current owner or owners; or in the extreme

8.2.3 - expropriation in the public interest in accordance with current legislation.

8.3 - Sites identified by the NCHA that are located on public land shall automatically come under the full ownership and jurisdiction of the NCHA.

8.4 - Where the NCHA does not own a registered heritage site it must enter into talks with the current owner or owners to –

8.4.1 - acquire the site; or

8.4.2 - convey the relevant information regarding regulations and conservation plans for the location and

8.4.3 - compensate the owner or owners for any measures they must take to ensure the conservation of the site.

8.5 - Sites shall be prioritised for acquisition by the NCHA if they are –

8.5.1 - at imminent risk of destruction or damaging alteration;

8.5.2 - of exceptional historical, cultural, or environmental significance; or

8.5.3 - of particular import to local communities.

Penalties

Article 9 - Offenses

9.1 - Under this Act, it is considered an offence to –

9.1.1 - destroy or damage a registered heritage site;

9.1.2 - alter a registered heritage site without the appropriate permits and authorisation;

9.1.3 - remove, trade, or export cultural or natural artifacts from a registered heritage site without appropriate authorisation;

9.1.4 - engage in commercial activities on a registered heritage site without appropriate authorisation; and

9.1.5 - conduct any form of excavation, development, or exploitation of a registered heritage site without the appropriate permits and authorisation.

9.2 - Further to this Act, it is an offence to violate any relevant regulations implemented by the NCHA at a registered heritage site.

Article 10 - Penalties

10.1 - Violations of this Act shall incur a fine no less than ₣100 proportional to the severity of the offense.

10.2 - The NCHA may suspend or revoke the permits of any individual or business found to be in violation of this act.

10.3 - A court may issue a Restoration Order, under the guidance of the NCHA, to any individual found to be in violation of this Act to –

10.3.1 - provide funds for; or

10.3.2 - undertake the work necessary to restore the damage done to the site.

10.4 - A court may consider a period of imprisonment up to 6 months for any individual found to be in severe or repeated violation of this Act.

Co-Authored by Tom Westbrook, MGA for Sankeyshire and Antonio Recio Rufián, MGA.