Unauthorized translation
1.-(1) The Greenland Parliament Act is to protect cultural heritage sites and structures with their distinctive character and variation as part of Greenland’s cultural heritage and as a contribution to understanding Greenland’s cultural history. Such cultural heritage sites and structures bear witness to human activities for millennia. They help create a link between past and present and cast light on the societies that created them.
(2) The Act is part of the national responsibility to protect cultural heritage sites and structures as a cultural resource, as scientific source material and as a permanent basis for the experience, self-perception, well-being and activities of present and future generations.
(3) The Act considers that Greenland’s cultural heritage is an important part of world and human history, and through active initiatives for cultural heritage protection in the form of protection and other cultural heritage conservation measures, Greenland attends to its share of global cultural heritage protection.
(4) The Act considers that, in extraordinary cases, cultural heritage may be protected with due regard to general considerations for developments in society.
(5) The Act considers that the cultural heritage site or structure and the knowledge and information contained in the cultural heritage site or structure must be documented in the best possible way in cases where, with reference to general considerations for developments in society, cf. section 3, the Greenland cabinet decides to set aside contemplated cultural heritage protection or conservation or to change or reverse existing cultural heritage protection or conservation.
2.-(1) Cultural heritage sites and structures are understood in this Act to be ancient monuments, buildings and cultural heritage areas.
(2) Ancient monuments mean physical traces of human activity left from earlier times, and the context in which they are located.
(3) Buildings mean the entire building, the exterior of the building, individual building parts and a building’s immediate surroundings insofar as such surroundings are part of the entirety worth protecting or conserving.
(4) Cultural heritage areas mean areas of cultural heritage value.
3.-(1) In extraordinary cases and with reasoned reference to general considerations for developments in society, cf. subsection (2) below, the Greenland Cabinet may decide to set aside contemplated cultural heritage protection or conservation or to change or reverse existing cultural heritage protection or conservation. When making such decision, the Greenland Cabinet must weigh the cultural heritage site or structure’s cultural heritage importance, its tourist potential and the consequences of non-protection or non-conservation of the cultural heritage site or structure in relation to the social use of the activities claimed to be an expression of general considerations for developments in society.
(2) General considerations for developments in society mean considerations motivated by
(i) the wish to ensure renewable energy supply to society;
(ii) the wish to secure society against the consequences of natural disasters; or
(iii) the wish to establish or extend existing business activities, which
(a) generate considerable benefits for society, and
(b) cannot be implemented without significant additional expenses in another location that does not affect cultural heritage sites or structures.
(3) If the Greenland Cabinet makes a decision with reference to general considerations for developments in society, the Greenland Cabinet must also decide how to ensure that the cultural heritage site or structure and the knowledge and information contained in the cultural heritage site or structure are properly documented; cf. section 1(5). When making the decision, the Greenland Cabinet must consider the cultural heritage importance of the cultural heritage site or structure and the nature and scope of the measures considered necessary for the proper documentation of the cultural heritage site or structure. The expenses for the measures decided by the Greenland Cabinet to secure proper documentation are paid by the developer, or the entity responsible for the establishment of the activities that are motivated by general considerations for developments in society. In connection with the decision, the Greenland Cabinet may decide to impose additional terms.
4. The provisions in this Part cover ancient monuments in the land and sea territories.
5.-(1) All ancient monuments from before year 1900, including ruins, settlements, graves and burial grounds, are protected. Detached graves from year 1900 onwards are also protected.
(2) Following prior consultation, cf. section 7(3), the Greenland National Museum and Archives decides, but cf. Section 8, on the protection of structures from year 1900 onwards, disused churchyards, cairns, fields and stone walls erected around them, the conservation of which is of material importance due to their historical value.
(3) Following a recommendation from the Greenland National Museum and Archives, the Greenland Cabinet may lay down provisions on protection of ancient monuments, including criteria for protection.
6.-(1) Protection means that the protected site or structure must not be damaged, altered or moved, either in whole or in part.
(2) No activities may be performed within a distance of two metres from the ancient monuments.
(3) No activities, except agricultural activities and the establishment of a path to the ancient monuments, may be performed at a distance from two to twenty metres from the ancient monuments. Agricultural activities comprise surface cultivation of the soil with harrowing down to a depth of 15 cm, the use of fertiliser, planting and utilisation of the area for grazing. The Greenland National Museum and Archives may grant permission for other agricultural activities, including removal of stones and the erection of information boards, litterbins and other items appropriate to public access to the ancient monument.
(4) The Greenland National Museum and Archives may grant exemptions from subsections (1)-(3) where special reasons exist.
7.-(1) Users with land allocation or other right of use to the area, local councils, public authorities, local museums and associations with general or specific protection or conservation purposes may ask for ancient monuments to be considered for protection as well as for change or reversal of such protection. Moreover, the Greenland National Museum and Archives may make a request to this effect on its own initiative.
(2) The Greenland National Museum and Archives decides whether to implement protection of ancient monuments as well as whether to change or reverse such protection. In connection with the decision, the Greenland National Museum and Archives may lay down terms.
(3) Before a decision to implement protection or to change or reverse such protection is made, the public, users with land allocation or other right of use to the area, the local council in the local authority in which the ancient monument is located, the Greenland Cabinet and other relevant parties must be informed and consulted. The consultation period must be three months, during which time the above parties may comment on the protection. Furthermore, Heritage Greenland must give its recommendation; cf. section 29(2).
(4) From the time the information mentioned in subsection (3) is given, nothing must be done to prevent or obstruct the contemplated protection. The above does not apply to licences already granted for prospecting, exploration or exploitation of mineral resources, ice and water resources as well as for the establishment of hydroelectric power stations and prospecting related thereto.
8.-(1) If a reasoned opinion is submitted in the consultation mentioned in section 7(3) to the effect that contemplated protection or contemplated upholding or change of existing protection will be contrary to general considerations for developments in society, cf. section 3, the Greenland National Museum and Archives must bring the matter before the Greenland Cabinet for determination. Before the matter is brought before the Greenland Cabinet, the Greenland National Museum and Archives must submit the matter to Heritage Greenland for its comments. When submitting the matter to Heritage Greenland and subsequently to the Greenland Cabinet, the Greenland National Museum and Archives must submit its recommendations about the decision on the matter of protection as well as about the measures considered necessary to ensure proper documentation of the cultural heritage site or structure in the event that the Greenland Cabinet decides to set aside the contemplated protection or to change or reverse existing protection.
(2) Should the Greenland Cabinet decide to implement protection or to uphold or change existing protection, respectively, the Greenland Cabinet may grant exemptions from the provisions of section 6(1)-(3).
9.-(1) The Greenland National Museum and Archives publishes decisions on protection as well as on changes to or reversal of protection within 14 days of the decision. The owner, users with land allocation or other right of use to the area and the local authority in which the ancient monument is located as well as other relevant parties are informed of the decision directly.
(2) Protection must be observed by all rights holders of the area in which ancient monument is located, irrespective of when the right was established.
10.-(1) The Greenland National Museum and Archives keeps a register of all known protected ancient monuments, including any terms attached to the protection.
(2) The Greenland National Museum supervises ancient monuments protected under this Act.
(3) The Greenland National Museum and Archives is responsible for maintaining significant protected ancient monuments within the scope of the funding granted in the Budget.
Safeguarding ancient monuments in connection with the physical planning and preparation of earthworks
11.-(1) The Greenland National Museum and Archives must cooperate with the planning and mineral authorities and others involved in the exploitation of Greenland's resources to ensure that ancient monuments and the knowledge and information they provide are safeguarded for posterity.
(2) The planning and mineral authorities and others involved in the exploitation of Greenland’s resources must involve the Greenland National Museum and Archives when drawing up planning material and when considering licences that may affect ancient monuments.
(3) When considering licences that may affect ancient monuments, the planning and mineral authorities and others involved in the exploitation of Greenland’s resources must inform the applicant of the contents of subsection (4), sections 12-16 and section 32 of this Act.
(4) When conducting major earthworks, the developer must involve the Greenland National Museum and Archives in its planning.
(5) The Greenland National Museum and Archives is responsible for archival supervision of the existence of ancient monuments in the relevant area when involved pursuant to subsections (2) and (4).
12.-(1) The developer, or the entity at whose expense a feasibility study or earthworks are carried out, may apply to the Greenland National Museum and Archives for an archaeological inspection of an area to be conducted prior to commencing work.
(2) The Greenland National Museum and Archives may decide that an archaeological inspection of an area must be conducted if the area is archaeologically unknown or if there are grounds to presume that ancient monuments exist in the area.
(3) An archaeological inspection must be conducted as soon as possible and within nine months unless special circumstances apply. The time-limit is counted from the time of the request for inspection, cf. subsection (1), respectively from the time the developer, or the entity at whose expense earthworks are to be carried out, is informed of the decision to conduct an archaeological inspection; cf. subsection (2).
13.-(1) The developer, or the entity at whose expense a feasibility study or earthworks are to be carried out, may apply to the Greenland National Museum and Archives for an archaeological survey of an area to be conducted prior to commencing work.
(2) The Greenland National Museum and Archives may decide that an archaeological survey of an area must be conducted if the Greenland National Museum and Archives believes that there are ancient monuments in the area.
(3) An archaeological survey must be conducted as soon as possible and within 18 months unless special circumstances apply. The time-limit is counted from the time of the request for a survey, cf. subsection (1), respectively from the time the developer, or the entity at whose expense earthworks are to be carried out, is informed of the decision to conduct an archaeological survey; cf. subsection (2).
(4) If an archaeological inspection, cf. section 12, has been conducted prior to the archaeological survey, both the archaeological inspection and the archaeological survey must be conducted within 18 months, unless special circumstances apply. The time-limit is counted from the time of the request for an archaeological inspection, cf. section 12(1), respectively from the time the developer, or the entity at whose expense earthworks are to be carried out, is informed of the decision to conduct an archaeological inspection; cf. section 12(2).
14.-(1) The developer, or the entity at whose expense earthworks are to be carried out, must pay the expenses of an archaeological inspection or an archaeological survey. The Greenland National Museum and Archives prepares a budget for the performance of the inspection, respectively the survey. The budget must be submitted to the developer, or the entity at whose expense earthworks are to be carried out, for approval as soon as possible prior to the commencement of the inspection, respectively the survey.
(2) In the event of small-scale private earthworks and small-scale exploitation and exploration licences under the Greenland Parliament Act on mineral resources and mineral resource activities (the Mineral Resources Act), the Greenland Cabinet may pay the expenses of an archaeological inspection or survey in whole or in part if the expenses become unreasonable burdensome for the private developer or holder of the small-scale exploration and exploitation licence. If the Greenland Cabinet pays only part of the expenses, a budget must be submitted to the private developer or holder of the small-scale exploration and exploitation licence for approval; cf. subsection (1).
15. The Greenland National Museum and Archives decides whether the earthworks can be commenced insofar as they do not affect ancient monuments, an archaeological inspection or an archaeological survey. The decision must ensure that weight is attached to the protection of the ancient monuments, the performance of the archaeological inspection and the archaeological survey, and the possibility of commencing the earthworks.
Ancient monuments discovered during earthworks
16. If an ancient monument is found during earthworks, the developer must immediately report the discovery to the Greenland National Museum and Archives, and work must be suspended insofar as they affect the ancient monument. The Greenland National Museum and Archives decides whether an archaeological survey should be conducted, cf. section 13(2), or whether a proposal for protection should be submitted; cf. section 5(2).
17. The Greenland National Museum and Archives may grant permission to excavate ancient monuments and finds to other institutions or scientific organisations and lay down terms for such permissions.
18.-(1) After prior consultation, cf. section 19(2), the Greenland National Museum and Archives, but see section 20, makes the decision to list buildings, the conservation or protection of which is of material importance due to their historical or architectural value.
(2) Listing of buildings involves special obligations in relation to the maintenance of the building and limitations in the access to carry out construction works relating to the building; cf. section 22.
(3) Following a recommendation from the Greenland National Museum and Archives to this effect, the Greenland Cabinet may lay down provisions on the listing of buildings, including criteria for listing.
19.-(1) Owners, users with land allocation or other right of use to the area or building, central and local government, local museums and associations with general or specific protection or conservation purposes may ask for a building to be considered for listing as well as for a change of its listing status or for the delisting of a building, including for relocation of a listed building. Moreover, the Greenland National Museum and Archives can make a request to this effect on its own initiative.
(2) Before a decision on listing as well as on change of listing status or delisting is made, the public, the owner, users with land allocation or other right of use to the area or the building, the local authority in which the building is located, the Greenland Cabinet as well as other relevant parties must be informed and consulted. The consultation period will be three months, during which time the above parties may comment on the listing. Furthermore, Heritage Greenland must give its recommendation; cf. section 29(2).
(3) From the time the information mentioned in subsection (2) is given, nothing must be done to prevent or obstruct the contemplated listing. The above does not apply to licences already granted for prospecting, exploration or exploitation of mineral resources, ice and water resources as well as for the establishment of hydroelectric power stations and prospecting related thereto.
(4) The Greenland National Museum and Archives decides whether a building should be listed, whether the listing status of a building should be changed or whether a building should be delisted. In connection with the decision, the Greenland National Museum and Archives may lay down terms.
20.-(1) If a reasoned opinion is submitted during the consultation mentioned in section 19 to the effect that the contemplated listing or contemplated upholding or change of existing listing will be contrary to general considerations for developments in society, cf. section 3, the Greenland National Museum and Archives must bring the matter before the Greenland Cabinet for determination. Before the Greenland Cabinet makes its decision, the matter must be submitted to Heritage Greenland for its comments. When submitting the matter to Heritage Greenland and subsequently to the Greenland Cabinet, the Greenland National Museum and Archives must submit its recommendation about both the decision on the matter of listing and the measures considered necessary to ensure proper documentation of the building in the event that the Greenland Cabinet decides to set aside the contemplated listing or to change the existing listing status of the building or to delist the building.
(2) Should the Greenland Cabinet decide to list a building or to uphold the existing listing or change the listing status of a building, respectively, the Greenland Cabinet may grant exemptions from the provisions of section 22(1).
21.-(1) The Greenland National Museum and Archives publishes decisions on listings as well as on any change to the listing status or delisting of a building within 14 days of the decision. The owner, users with land allocation or other right of use to the building and the local authority in which the building is located as well as other relevant parties are informed directly.
(2) Decisions on listing are registered by the Court of Greenland at the request of the Greenland National Museum and Archives. The Court of Greenland must inform the Greenland National Museum and Archives of any change of ownership of the building.
(3) Listing must be respected by all rights holders of the building, irrespective of when the right was created.
22.-(1) Owners must keep a listed building in sound condition with due regard to the listing. General maintenance must be carried out using the same materials, methods and colours as hitherto and in accordance with the conservation of the condition and appearance of the listed building at the time of listing. The Greenland National Museum and Archives may, when special circumstances exist, grant an exemption from the requirement that the same materials, methods and colours as hitherto must be used.
(2) All construction works relating to a listed building require a permission from the Greenland National Museum and Archives if the work concerns building parts covered by the listing and if the work extends beyond general maintenance. The Greenland National Museum and Archives may attach terms to the permission.
(3) Upon application, the Greenland National Museum and Archives may decide that expenses for maintenance work or construction work relating to a listed building are paid in whole or in part within the scope of the funding granted in the Budget.
23.-(1) The Greenland National Museum and Archives keeps a register of all known listed buildings, including any terms attached to the listing.
(2) The Greenland National Museum and Archives supervises listed buildings.
24.-(1) After prior consultation, cf. section 25(2), the Greenland National Museum and Archives, but see section 26, decides whether to implement cultural heritage protection or conservation of cultural heritage areas, the conservation or protection of which is of material importance.
(2) Cultural heritage protection or conservation of cultural heritage areas includes the context existing between a number of cultural heritage sites or structures or an area, with which significant events are associated.
(3) Cultural heritage protection of cultural heritage areas means that within the area, no activities of any kind must take place, except from the public’s access to the area. The Greenland National Museum and Archives may grant an exemption if special reasons exist.
(4) Cultural heritage conservation of cultural heritage areas means that no activities must take place within the area that may disfigure or damage parts of the area or the area in its entirety. The Greenland National Museum and Archives may grant an exemption if exceptional reasons exist.
(5) Following a recommendation from the Greenland National Museum and Archives, the Greenland Cabinet may lay down provisions on cultural heritage protection or conservation of cultural heritage areas, including on the delimitation, use and management of the area as well as on access to the area, possibly against payment of a fee.
25.-(1) Owners, users with land allocation or other right of use to the area, central or local government, local museums and associations with general or specific protection or conservation purposes may ask for an area to be considered for cultural heritage protection or conservation as well as for change or reversal of such protection or conservation. Moreover, the Greenland National Museum and Archives may make a request to this effect on its own initiative.
(2) Before a decision to implement cultural heritage protection or conservation as well as to change or reverse such protection or conservation is made, the public, the owner, users with land allocation or other right of use to the area and the local authority in which the cultural heritage area is located, the Greenland Cabinet as well as other relevant parties must be informed and consulted. The consultation period must be three months, during which time the above parties may comment on the request. Furthermore, Heritage Greenland must give its recommendation; cf. section 29(2).
(3) From the time the information mentioned in subsection (2) is given, nothing must be done to prevent or obstruct the contemplated cultural heritage protection or conservation. The above does not apply to licences already granted for prospecting, exploration or exploitation of mineral resources, ice and water resources as well as for the establishment of hydroelectric power stations and prospecting related thereto.
(4) The Greenland National Museum and Archives decides whether to implement cultural heritage protection or conservation as well as whether to change or reverse such protection or conservation.
26.-(1) If a reasoned opinion is submitted in the consultation mentioned in section 25(2) to the effect that contemplated cultural heritage protection or conservation or contemplated upholding or change of existing cultural heritage protection or conservation will be contrary to general considerations for developments in society, cf. section 3, the Greenland National Museum and Archives must bring the matter before the Greenland Cabinet for determination. Before the Greenland Cabinet makes its decision, the matter must be submitted to Heritage Greenland for its comments. When submitting the matter before Heritage Greenland and when subsequently bringing the matter before the Greenland Cabinet, the Greenland National Museum and Archives must state its recommendation in respect of the decision on the matter of cultural heritage protection or conservation as well as on the measures considered necessary to ensure proper documentation of the cultural heritage area if the Greenland Cabinet should decide to set aside contemplated cultural heritage protection or conservation or to reverse existing cultural heritage protection or conservation.
(2) Should the Greenland Cabinet decide to implement cultural heritage protection or conservation or to uphold existing protection or change such protection, respectively, the Greenland Cabinet may grant exemptions from the provisions of section 24(3)-(4).
27.-(1) The Greenland National Museum and Archives publishes decisions on cultural heritage protection and conservation as well as on change or reversal of such protection or conservation within 14 days after the decision was made. The owner, users with land allocation or other right of use to the area and the local authority in which the cultural heritage area is located as well as other relevant parties are informed of the decision directly.
(2) Cultural heritage protection and conservation must be respected by all rights holders of the cultural heritage area, irrespective of when the right was created.
28.-(1) The Greenland National Museum and Archives keeps a register of all cultural heritage areas that are protected or covered by cultural heritage conservation, including any terms attached to such cultural heritage protection or conservation.
(2) The Greenland National Museum and Archives supervises cultural heritage areas under cultural heritage protection or conservation.
(3) Within the scope of the funding granted in the Budget, the Greenland National Museum and Archives is responsible for the maintenance of cultural heritage areas under cultural heritage protection or conservation.
29.-(1) The Greenland Cabinet member for Culture sets up Heritage Greenland, which is made up of three persons, who together must represent architectural, archaeological and cultural heritage insight. Heritage Greenland is set up every four years.
(2) Heritage Greenland must submit recommendations regarding matters of cultural heritage protection and conservation, and must be consulted in connection with permissions under section 22(2). Furthermore, Heritage Greenland has an advisory function within protection of ancient monuments and buildings and cultural heritage protection and conservation of cultural heritage areas and related matters.
(3) The Greenland National Museum and Archives provides secretarial assistance to Heritage Greenland.
30. The Greenland Cabinet is authorised through compulsory acquisition to acquire property if this is deemed necessary to implement cultural heritage protection or conservation under this Act. Property must be compulsory acquired according to the provisions on compulsory acquisition in force from time to time.
31.-(1) The Greenland National Museum and Archives’ decisions pursuant to this Act may be appealed against in writing to the Greenland Cabinet.
(2) Parties eligible to appeal are:
(i) The party to whom the decision applies.
(ii) Any party considered to have an individual or material interest in the outcome of the matter.
(3) The appeal deadline is four weeks from the date on which the decision was notified to the party to whom the decision applies. An appeal lodged within this time-limit has a delaying effect on the decision appealed against, unless the appeals authority decides otherwise.
(4) The Greenland Cabinet may disregard any failure to meet the appeal deadline if, in exceptional cases, special circumstances so warrant.
(5) The Greenland Cabinet’s decisions cannot be brought before other administrative authorities.
32.-(1) Violation of section 6(1)-(3), section 7(4), section 9(2), section 11(2)-(4), section 16, first sentence, section 19(3), section 21(3), section 22(1) and (2), section 24(3) and (4), section 25(3), section 27(2) and provisions and terms laid down in pursuance of section 3(3), section 5(3), section 18(3), section 19(4) and section 24(5) is punishable by a fine.
(2) Where this Act or regulations issued in pursuance of this Act authorise the imposition of a fine, the fine may be imposed on a legal person according to the provisions of the Greenland Criminal Code.
(3) If the profit obtained through the offence is not confiscated, special consideration must be given to the size of any financial benefit achieved when determining the size of the fine.
(4) Fines and confiscation accrue to the Greenland treasury.
33. This Act comes into force on 1 July 2010. At the same time, Greenland Parliament Act no. 18 of 19 November 2007 on cultural heritage protection is repealed.
34. Protection that is not replaced by cultural heritage protection or conservation under this Act remains in force until reversed. Listed buildings that are more than a century old and not in use pursuant to section 5(2), read in conjunction with section 3 of Greenland Parliament Act no. 18 of 19 November 2007 on cultural heritage protection, are delisted on the commencement of this Act.
Greenland Self-Government, 19 May 2010
Kuupik Kleist
/
Mimi Karlsen
________________________________________
The National Museum of Greenland has through the last couples of years carried out archaological surveys in the inland areas, which are going to be affected, if the ALCOA project will start up. Through these surveys many new discoveries has been made. The Final Report concludes that the area is worth conserving for the future!
Read the Report here (shortened)
