Page 37 - Studia Universitatis Hereditati, vol. 5(1) (2017)
P. 37
ia universitatisthis measure will be carried out by the compe­ nih kulturnih dobara i objekata u kojima su sm-
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 37 tent body at the expense of the owner. ještene zbirke kulturnih dobara).

The costs of preserving and maintaining Fruition
cultural heritage and technical protection meas­ The competent authority (i.e the regional con­
ures are borne by the owner. If maintenance of servation department of the Ministry of Cul­
cultural heritage or the restoration, conservation ture) decides on the purpose and method of us­
or implementation of technical protection meas­ ing the immovable or movable cultural heritage,
ures require extraordinary costs beyond regu­ based on the previously obtained opinion of the
lar maintenance costs and the revenue or other mayor of Zagreb, mayor or municipal mayor. In
benefits of the owner, they have the right to ap­ order to change the purpose of cultural heritage,
ply for compensation for extraordinary expens­ the owner is obliged to obtain prior approval
es. Extraordinary costs are decided by the Minis­ from the competent authority (Article 34 of the
try of Culture and the funds are provided in the Act on the protection and preservation of cul­
state budget (Article 22 of the Act on the protec­ tural goods). Legal entities and natural persons
tion and preservation of cultural goods). cannot start performing an economic activity in
a space that is located within a stationary cultur­
If the owner fails to act in accordance with al heritage or a protected cultural and historical
the law thereby endangering cultural heritage, whole without the prior approval of the compe­
the mayor of Zagreb or the mayor of the area in tent authority.
which the cultural heritage is located, may, by a
decision of the competent authority, determine Article 43 of the Act on the protection and
the appointment of the temporary custodian of preservation of cultural goods regulates conces­
that heritage. The temporary guardian is obliged sions for the use of immovable cultural herit­
to implement the protection measures laid down age in public ownership for commercial purpos­
by the competent authority on the account and es in accordance with the Law on Concessions.
the cost of the owner. The compensation for The concession is issued on the basis of a pub­
the work of the temporary guardian, as well as lic bid. For the cultural heritage owned by the
the cost of the implemented measures, must be Republic of Croatia, the procedure is carried out
settled by the owner (Article 32 of the Law on by the Ministry of Culture, the heritage owned
Ownership and Other Real Rights and Article by the county, the City of Zagreb, and the cities
31 of the Act on the protection and preservation and municipalities by their competent bodies.
of cultural goods). The concession is issued for a certain period, but
not longer than for 99 years. The Decree on the
Accessibility concession also contains measures for the pro­
The owner of certain cultural heritage must al­ tection and preservation of cultural heritage, as
low its accessibility to the public (Article 20 of prescribed by the competent authority, and the
the Act on the protection and preservation of ways in which they are carried out by the conces­
cultural goods). sionaire. The concession is paid for the benefit of
the state budget or budget mayor, Zagreb, towns
In Croatia, a disc-shaped plate is envisaged or municipalities according to the ownership of
for marking immovable cultural heritage and fa­ the cultural heritage.
cilities in which collections of cultural goods are
located. The way, the place of marking, as well as Furthermore, according to Article 114, for
removing the label, insofar as the heritage loses all natural and legal persons who carry out an
its cultural heritage, is determined by the com­ economic activity in immovable cultural her­
petent conservatory department of the Ministry itage, the payment of a contribution, known as
of Culture (cf. Pravilnik o označavanju nepokret-
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