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LEGISLATION AND PLANNING LEGISLATION AND PLANNING NORMATIVE FRAMEWORK ON NORMATIVE FRAMEWORK ON HERITAGE AND LANDSCAPE:HERITAGE AND LANDSCAPE:THE MOLDOVAN CASETHE MOLDOVAN CASE

INTERNATIONAL CONVENTIONS RATIFIED BY THE PARLIAMENT OF THE REPUBLIC OF MOLDOVA

DATE OF RATIFICATION

European Cultural Convention, Paris, 1954 1994.05.24

Convention for the Protection of Architectural Heritage of Europe, Granada, 1985

2001.12.21

European Convention for the Protection of Archaeological Heritage, La Valletta, 1992

2001.12.21

European Convention of Landscape, Florence, 2000 2002.03.14

UNESCO Convention Concerning the Protection of the Cultural and Natural Heritage, Paris,1972

2002.06.06

Convention Concerning the Protection and Promotion of Diversities of Cultural Expression, Paris, 2005

2006.07.27

UNESCO Convention Concerning the Safeguarding Of Immaterial Cultural Heritage, Paris, 2003

2006.03.24

Convention-plan of the European Council Concerning the Value of Cultural Heritage for Society, Faro, 2005

2008.12.01

NATIONAL LEGISLATION REGARDING HERITAGE, PUBLISHED IN THE MONITORUL OFICIAL

DATE OF PUBLICATION

Law on the protection of monuments, no. 1530-XII, June 22, 1993.

2010.02.02( no 15-17)

Law on principles of urban and territorial planning no. 835-XIII, May 17,1996

1996.05.17

Law of culture, no. 413-XIV, May 27, 1999 1999.08.05(no. 83-86)

Law concerning architectural activity, no. 1350-XIV, February 27, 2001

2001.02.27

Law on museums, no. 1596-XV, December 27,2002 2002.12.27

Law on popular art, no. 135-XV, March 20, 2003 2003.05.16(no. 84-86)

The Decision of the government of the Republic of Moldova no. 1111 of 11.09.2003 concerning the Rules of the state register of mobile cultural heritage;

2003.09.11

INTERNATIONAL CONVENTION CONNECTED TO NATURAL HERITAGE

RATIFIED BY

The Convention concerning the conservation of wildlife and of the natural habitats of Europe (Bern, September 19. 1979)

Decision of the Parliament no. 1546-XII of June 23. 1993

The Convention concerning the impact of the evaluation of the transfrontier environment (Espoo, February 25, 1991)

Decision of the Parliament no. 1546-XII of June 23,1993.

The Convention concerning the protection and utilization of the transfrontier water flows and international lakes (Helsinki, March 17, 1992)

Decision of the Parliament no. 1546-XII of June 23, 1993

The Convention concerning biological diversity (Rio de Janeiro, June 5, 1992)

Decision of the Parliament no. 457-XIII of March 16, 1995.

The convention concerning cooperation for the protection and long-term utilization of the river Danube (Sofia, June 26, 1994)

Decision of the Parliament no. 323-XIV of March 17,1999;

Law concerning natural resources no. 1102-XIII, February 6, 1997

Decision of the Parliament, February 6, 1997

LEGISLATION ON PROTECTED AREAS ADOPTED

Law concerning the natural areas protected by the state no. 1538-XII

1998.02.25

Law for the modification of Law no. 1538-XIII of February 25, 1998 concerning the range of natural areas protected by the state, no. 229

2005.10.13

The Decision of the government of the Republic of Moldova concerning the rules for survey of objects and complexes in the range of natural areas protected by the state.

2000.05.02

The Decision of the government of the Republic of Moldova for the approval of the rules concerning areas with multifunctional management, rules concerning natural reservations, rules concerning landscape reservations and rules concerning monuments of landscape architecture.

2000.08.03

The Decision of the government of the Republic of Moldova on the approval of the rules concerning protected and constructed natural zones no. 1009.

2000.10.05

The Decision of the government of the Republic of Moldova on the approval of the Plan of action for 2004- 2008 concerning the restoration of monuments of landscape architecture no. 1378,

2003.11.18

Law nr. 1530 on the protection of monuments from 22.06.1993

- clearly defines immobile cultural heritage under protection

- defines the state protection of monuments as including the provision and the ensuring of works of evidence and study, enhancement, protection and rescue, preservation and restoration of monuments.

- includes the Register of Monuments, which lists 5206 monuments to be under state protection

- defines who has the agency on heritage protection

- obliges owners of monuments listed in the Register to respect the legislation of the Republic of Moldova regarding heritage

- describes financing mechanisms

Law nr. 1530 on the protection of monuments from 22.06.1993

~describes financing of activities regarding heritage :

-the budget of the Ministry of Culture,- local budgets, - transfers from tourism gain,- rent payments, - taxes on the income of companies which disturb the protection of monuments- donations of organizations which have the protection of monuments in their status,

donations from natural persons and legal entities

~The state shall provide financing for agents of heritage research and protection

In practice however, the mechanism of collection of payments, based on the law, is not in fact established

Law nr. 1530 on the protection of monuments from 22.06.1993 (published in Monitorul Oficial no. 15-17 from 02.02.2010).

- list of 5206 monuments published only in 2010

10

83 buildings (10% of listed buildings) demolished between 1993 and 2010 in Chisinau only 17 buildings severely damaged

10/10/12

Conacul familiei Ciolac-Malski, s. Bahmut, r.Calaraşi

Law on culture, no. 413-XIV, May 27, 1999

Law concerning architectural activity, no. 1350-XIV, February 27, 2001

- Privatization of objects that represent national cultural heritage is forbidden

General Urban Planning Regulation

from 05.01.1998. In Monitorul Oficial no. 14, 26.02.1998.

- regulates the approval of construction permits in “heritage areas” pending on Ministry of Culture or subordinates (art.33, 34)

Regulation on natural and built protected areas

Government Decision no. 1009, 05.10.2000; Official Monitor 127-129/1114 (12.10.2000)

- defines protected areas, the competences and the responsibilities related to them

- de facto, not in practice

Law on Intangible Heritage (work in progress by the Ministry of Culture)

Safeguarding the Cultural Heritage of the Republic of Moldova National Programme

Cultural heritage- 7 subcategories

Immobile archaeological heritage

Mobile archaeological heritage

Material ethnographic heritage

Immaterial cultural heritage

Immobile Artistic heritage

Cinematographic heritage

Theatrical art heritage

Safeguarding the Cultural Heritage of the Republic of Moldova National Programme

Elaborating a national strategy of safeguarding cultural heritage

Evaluating the risks which affect cultural heritage

Creating the instruments and tools to safeguard cultural heritage

Integrating data on cultural heritage in urban plans (PUG, PUZ, PUD)

The mapping in a GIS system of all monuments and sites

Creating archives of cultural heritage

Creating partnerships between state institutions, the private sector and the civil society with regards to the safeguarding of cultural heritage

Law on Landscapes (work in progress by the

Ministry of the Environment)

- biased towards natural landscapes?

Mulţumim!

Grazie mille!