Page 43 - Studia Universitatis Hereditati, vol. 5(1) (2017)
P. 43
ia universitatis According to the definition in the ZVKD- In Italy, too, concession fees for the use of
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 43 1 (Article 3), the use of cultural heritage means cultural heritage are defined in the legislature;
“perpetual or temporary activity, conducted in the fee is divided between the state and the local
heritage, by it or in any other relation to it, influ authorities; this practice is fairly well established
encing it in the process or using its cultural val in the case of temporary use, such as in instances
ue and social meaning.” Furthermore, Article of public events etc.
44 prohibits the use of a monument’s image or
name for commercial purposes without the con Places of fruition of cultural heritage are
sent of the owner, who is entitled to proportion defined; apart from museums and other insti
ate compensation. Provisions in the paragraph tutions, related to mobile cultural heritage, the
IV.2 (the Use) apply to mobile heritage, too. It definition implies archaeological areas, archae
follows, that there is no special legal framework ological parks and other monument complexes.
in Slovenia, which regulates this particular issue, There is also an official definition of an archae
apart from specific regulations regarding the use ological park, which is not available in Slovenia,
of monuments, as stipulated in the protection re meaning that the term applies to archaeologi
gimes. cal sites without distinction, even if archaeolog
ical remains are only minimally presented. The
This particular set of issues is very metic Italian official definition says an archaeological
ulously addressed in Croatia, where the use of park is an area arranged as an open air museum,
heritage or the change of its purpose for the pur meaning that it offers visitors certain ways of en
pose of commercial activities within an object hancing knowledge about heritage.
of immobile cultural heritage requires a special
approval of the conservation department of the Activities of promoting knowledge about
Ministry of culture; conducting commercial ac heritage and providing the best conditions for
tivities in an object of immobile cultural herit the public use of heritage and its fruition (both
age is subject to special taxation. Similarly, there of which fall within the definition of enriched
is a procedure of issuing concessions for the use heritage) are especially addressed in the Italian
of publicly owned immobile cultural heritage for legislation, highlighting the importance of es
the purposes of commercial exploitation against tablishing stable networks, structures and re
concession fee – yet this is still fairly limited.15 sources, to which end agreements are conclud
One such case of a concession was issued to div ed on the regional level to ensure sustained and
ing centres with the exclusive rights to conduct coordinated action by all interested parties. The
underwater tours of archaeological sites along latter may be public legal entities or private enti
the Adriatic coast (Cavtat, Mljet, Žirje, Pag, ties; the enriched cultural heritage may be pub
Rab, Umag), named “Underwater Museums” licly or even privately owned, funding may also
(Podmorski muzeji).16 It appears that in this case be public or private. It seems equally important
a fairly demanding activity of promoting knowl that the Italian legislation provided for the pro
edge about cultural heritage was provided in a cess of defining norms and quality standards for
most efficient way, because the concession fees the performance of activities of heritage enrich
represent a budget income, while the contractors ment.
took it upon themselves to conduct the activities
in an efficient and high-quality manner with re It follows that in Italy, only activities of her
gards to the preservation of heritage, as defined itage enrichment and not entire objects of herit
in the concession contract. age per se become subject to management; her
itage preservation may be the responsibility of
15 Cf. the list of local concessions for cultural heritage: http://servisi. its owner, but it can also be simultaneously al
fina.hr/regkonc/trazi.do (date of access: 1.5.2018). located to a manager. It is clearly enough, such
a method of assigning the management of indi
16 Rukavina T., Muzej u dubokom plavetnilu, 2009: http://www. vidual segments of heritage allows the retention
min-kulture.hr/default.aspx?id=4998 (date of access: 1.5.2018).
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 43 1 (Article 3), the use of cultural heritage means cultural heritage are defined in the legislature;
“perpetual or temporary activity, conducted in the fee is divided between the state and the local
heritage, by it or in any other relation to it, influ authorities; this practice is fairly well established
encing it in the process or using its cultural val in the case of temporary use, such as in instances
ue and social meaning.” Furthermore, Article of public events etc.
44 prohibits the use of a monument’s image or
name for commercial purposes without the con Places of fruition of cultural heritage are
sent of the owner, who is entitled to proportion defined; apart from museums and other insti
ate compensation. Provisions in the paragraph tutions, related to mobile cultural heritage, the
IV.2 (the Use) apply to mobile heritage, too. It definition implies archaeological areas, archae
follows, that there is no special legal framework ological parks and other monument complexes.
in Slovenia, which regulates this particular issue, There is also an official definition of an archae
apart from specific regulations regarding the use ological park, which is not available in Slovenia,
of monuments, as stipulated in the protection re meaning that the term applies to archaeologi
gimes. cal sites without distinction, even if archaeolog
ical remains are only minimally presented. The
This particular set of issues is very metic Italian official definition says an archaeological
ulously addressed in Croatia, where the use of park is an area arranged as an open air museum,
heritage or the change of its purpose for the pur meaning that it offers visitors certain ways of en
pose of commercial activities within an object hancing knowledge about heritage.
of immobile cultural heritage requires a special
approval of the conservation department of the Activities of promoting knowledge about
Ministry of culture; conducting commercial ac heritage and providing the best conditions for
tivities in an object of immobile cultural herit the public use of heritage and its fruition (both
age is subject to special taxation. Similarly, there of which fall within the definition of enriched
is a procedure of issuing concessions for the use heritage) are especially addressed in the Italian
of publicly owned immobile cultural heritage for legislation, highlighting the importance of es
the purposes of commercial exploitation against tablishing stable networks, structures and re
concession fee – yet this is still fairly limited.15 sources, to which end agreements are conclud
One such case of a concession was issued to div ed on the regional level to ensure sustained and
ing centres with the exclusive rights to conduct coordinated action by all interested parties. The
underwater tours of archaeological sites along latter may be public legal entities or private enti
the Adriatic coast (Cavtat, Mljet, Žirje, Pag, ties; the enriched cultural heritage may be pub
Rab, Umag), named “Underwater Museums” licly or even privately owned, funding may also
(Podmorski muzeji).16 It appears that in this case be public or private. It seems equally important
a fairly demanding activity of promoting knowl that the Italian legislation provided for the pro
edge about cultural heritage was provided in a cess of defining norms and quality standards for
most efficient way, because the concession fees the performance of activities of heritage enrich
represent a budget income, while the contractors ment.
took it upon themselves to conduct the activities
in an efficient and high-quality manner with re It follows that in Italy, only activities of her
gards to the preservation of heritage, as defined itage enrichment and not entire objects of herit
in the concession contract. age per se become subject to management; her
itage preservation may be the responsibility of
15 Cf. the list of local concessions for cultural heritage: http://servisi. its owner, but it can also be simultaneously al
fina.hr/regkonc/trazi.do (date of access: 1.5.2018). located to a manager. It is clearly enough, such
a method of assigning the management of indi
16 Rukavina T., Muzej u dubokom plavetnilu, 2009: http://www. vidual segments of heritage allows the retention
min-kulture.hr/default.aspx?id=4998 (date of access: 1.5.2018).
