Act
on the Protection of Cultural Heritage (SPSL)

(*)

Status as
of November 1, 2018

The Grand Council of the Republic and Canton of Neuchâtel,

having regard to the Federal Law on the Protection of Nature and Landscape (LPN), of July 1, 1966 [1] ;

on the proposal of the Council of State, of February 14, 2018,

decrees:

FIRST CHAPTER

General provisions

Goal

Article 1 The purpose of this law is to safeguard the cantonal cultural heritage.

Cantonal cultural heritage

Art. 2 1By cantonal cultural heritage, we must understand the productions and expressions which, from prehistory to the present day, are of importance to the Neuchâtel community as witnesses, in particular, of artistic, scientific, political, economic, social life or spiritual:

2Cultural heritage can take the form of:

1. material
2. a) real estate or movable objects;
3. b) documentary collections;
4. c) public archives.
5. immaterial

Backup

Art. 3 1The term “safeguard” designates all the measures which contribute to the identification, rescue, conservation, documentation, study and enhancement of cultural heritage of cantonal importance.

2The State ensures the maintenance of the authenticity and the integrity of the cultural heritage.

3To this end, the State:

1. a) identifies the constituent elements of the canton's cultural heritage;
2. b) identify the elements of cultural heritage which may be the subject of a protection order;
3. c) can support the safeguarding of cultural heritage by allocating subsidies;
4. d) maintain documentation on cultural heritage;
5. e) develop the dissemination of information, training, study and development; it can support actions of third parties;
6. f) establish security documentation for cultural property within the meaning of the Federal Law on the Protection of Cultural Property in the Event of Armed Conflict, Disaster or Emergency (LPBC), of June 20, 2014; it can support actions of third parties;
7. g) may intervene by urgent measures in the event of threats of rapid deterioration of an object of tangible cultural heritage.

Scope

Art. 4 1 Cultural property, intangible cultural heritage and documentary holdings of interest within the meaning of Article 2 are safeguarded in accordance with this Law.

2The following are considered cultural goods:

1. a) built sites and their direct natural environment when the latter gives its interest to the site;
2. b) built buildings, their integral parts and their surroundings;
3. c) parks and gardens;
4. d) archaeological sites;
5. e) archaeological collections and natural curiosities;
6. f) movable objects belonging to the State, to a Church or a religious community recognized by the State, to a commune or to another collectivity of cantonal or communal public law and, exceptionally, belonging to private individuals;
7. g) cultural property appearing in a museum collection belonging to the State, to a municipality or to another community under cantonal or municipal public law, and exceptionally belonging to private individuals;
8. h) serial goods.

3The documentary collections are made up of handwritten, printed, audiovisual, iconographic or digital documents.

4The public archives are managed according to the law on archiving (LArch), of February 22, 2011 [2] .

CHAPTER 2

Competent authorities

Board of state

Art. 5 1The Council of State defines the policy for the safeguarding of cultural heritage.

2It adopts the necessary implementing provisions.

Department

Art. 6 The department designated by the Council of State (hereinafter: the department) proposes, coordinates and implements the measures necessary to ensure the safeguard of the cultural heritage in the canton.

Service

Art. 7 Law enforcement is carried out by the service designated by the Council of State, in particular by the offices in charge of State archives, heritage and archeology respectively.

Cantonal Commission for Cultural Property

1. a ) appointment

Art. 8 1The Council of State appoints, at the start of the administrative period, a cantonal commission for cultural property.

2Chaired by the head of the department, it comprises from nine to fifteen members representative of the circles concerned, chosen from the different regions of the canton, or even beyond if it is a question of ensuring specific scientific skills.

1. b) skills

Art. 9 1The cantonal commission for cultural goods is an advisory body.

2It decides on general questions relating to the safeguarding of built and movable heritage, that of built sites and their surroundings, and archaeological sites, as well as on draft laws, regulations, decrees or directives.

Cantonal Documentary Funds Commission

1. a) appointment

Art. 10 1The Council of State appoints, at the start of the administrative period, a cantonal documentary collections commission.

2Chaired by the head of the department, it comprises from six to eight members representing the circles concerned.

1. b) skills

Art. 11 1The cantonal documentary collections commission is an advisory body.

2It decides in particular on general questions relating to the safeguarding of documentary funds, as well as on draft laws, regulations, decrees or directives.

Organization of committees

Art. 12 1The department defines the organization of the commissions.

2It may establish sub-committees for the performance of specific tasks, in particular in the field of intangible cultural heritage. It can appoint members and consultants who do not belong to the committees, depending on their skills in the area concerned.

Commons

Art. 13 The municipal authorities exercise the powers fixed by this law and its implementing provisions.

CHAPTER 3

Measures relating to constructed sites

Communal zone allocation plan

Art. 14 1The built sites to be safeguarded are delimited by the municipalities in accordance with the provisions of the cantonal law on regional planning (LCAT), of October 2, 1991 [3] , taking into account the Federal Inventory of built sites to be protected in Switzerland (ISOS) and the Architectural Census of the Canton of Neuchâtel (RACN).

2The municipal zone allocation plan determines the rules applicable to the built sites.

CHAPTER 4

Architectural census of the canton of Neuchâtel

Definition

Art. 15 The architectural census of the canton of Neuchâtel (RACN) lists the built buildings located in the built sites to be protected, outside the building zone or, if necessary, in other sectors.

Values

Art. 16 The RACN assigns built buildings values ​​from 0 to 9.

Modification of the RACN

Art. 17 1The office responsible for heritage and archeology may adapt the RACN when the municipal plan for the allocation of areas is modified or revised, after hearing the municipality concerned.

2The owners concerned are consulted.

3The cantonal commission for cultural goods is consulted when the modifications to the RACN concern buildings marked from 0 to 4.

Publicity

Art. 18 The office responsible for heritage and archeology is responsible for publishing the RACN on the cantonal geoportal.

Communal zone allocation plan

1. a) in a building zone

Art. 19 1 In the built sites to be safeguarded, or if necessary, in other sectors, the municipal plan for the allocation of zones distinguishes, on the basis of the RACN, three categories of built buildings, in accordance with the cantonal law on territory Development.

2Category 1 includes values ​​0 to 3, Category 2 values ​​4 to 6 and Category 3 values ​​7 to 9.

3The municipal plan for the allocation of areas sets the rules applicable to each category.

1. b) outside the building area

Art. 20 1Out of the building zone, the municipal plan for the allocation of zones designates, on the basis of the RACN, the built buildings having the value 0 to 3 as well as those having the value 4.

2Built buildings with the value 0 to 3 are considered worthy of protection within the meaning of article 24d of the federal law on regional planning (LAT), of June 22, 1979 [4] .

3The Council of State determines under what conditions built buildings having the value 4 can be considered worthy of protection.

Advice from the office responsible for heritage and archeology

Art. 21 1The office in charge of heritage and archeology advises any building permit concerning a built building located in a built site to be safeguarded.

2It also advises any building permit concerning a built building with a value of 0 to 4, located outside the building zone, or if necessary in other sectors.

Grant

Art. 22 The State can support the revision or extension of the RACN undertaken by a municipality on its territory with subsidies.

CHAPTER 5

Measures relating to the safeguarding of the archaeological heritage

Archaeological areas

Art. 23 1The State determines, on the basis of the archaeological map, the archaeological perimeters, namely the sectors in which archaeological remains are attested or suspected.

2In these perimeters, all work in the ground or under water must be subject to authorization.

3The archaeological perimeters appear on the municipal plans for the allocation of areas.

Archaeological excavations and prospecting

Art. 24 1Excavations and archaeological research are the responsibility of the State. Exceptionally, third parties may be authorized by the office responsible for heritage and archeology to undertake excavations and archaeological research of limited duration.

2Archaeological exploration by third parties using methods and devices likely to harm the nature or integrity of an archaeological site, in particular metal detectors, is prohibited. Exceptionally, authorizations can be issued by the office responsible for heritage and archeology.

3The holder of the authorization must comply with the instructions given and the conditions laid down, on pain of an immediate revocation of the authorization and penal consequences.

Reporting discoveries

Art. 25 1Any person who accidentally discovers an archaeological site or object must immediately notify the office responsible for heritage and archeology.

2The same obligation falls on any magistrate or civil servant of the State, a commune or another community under cantonal or communal public law who, in the exercise of his functions, learns the discovery of a site or an archaeological object.

3The works or activities carried out at the site of the discovery must be suspended until the authorization for resumption by the office in charge of heritage and archeology.

Compensation

Art. 26 The owner whose property is damaged by excavations may be compensated for the material damage caused.

Property

Art. 27 Archaeological objects fortuitously uncovered or during excavations and research carried out by the State or by third parties become the property of the State, as well as all of the documentation relating thereto.

CHAPTER 6

Principle

Putting cultural property under protection

Art. 28 Cultural property within the meaning of article 4 may be protected by order of the Council of State.

Procedure

Art. 29 1For the purpose of protection, the office responsible for heritage and archeology:

1. a) notify, in advance and in writing, the owner and the municipality. It requires their observations within twenty days;
2. b) requests the opinion of the cantonal commission of cultural goods;
3. c) forward the file to the department.

2As soon as the notice is communicated to the owner, the building, the archaeological site or the movable object can no longer be modified without authorization from the department.

Protective order

Art. 30 1On a proposal from the department, the Council of State decides on the protection.

2The protection of a real estate object is mentioned in the land register at the request of the department, with indication:

1. a) the protected object;
2. b) protective measures;
3. c) where applicable, conditions of access to the public.

Right of access

Art. 31 Subject to prior warning, representatives of the department can visit a protected cultural property or one in the process of being protected.

Compensation

Art. 32 1The damage to property resulting from the placing under protection may be compensated if they fulfill the conditions for a material expropriation.

2The provisions of the law on expropriation for reasons of public utility (LEXUP), of January 26, 1987 [5] , are applicable.

Effects

Art. 33 1The owner of protected cultural property must obtain the prior authorization of the department for any intervention that he plans to carry out.

2The owner of a protected movable object may not divest it before having notified the department and having communicated to him the full contact details of the new owner or holder.

Preemption right

Art. 34 1The State has a statutory right of first refusal over built buildings and protected movable objects, with the exception of goods registered serially. He must decide within three months from the day he became aware of the alienation.

2The municipality concerned has the same right for built buildings, within the same period, if the State does not exercise it.

Conservation measures

Art. 35 1When the protected cultural property is poorly maintained, the department may order the owner to take, within a fixed period, the measures necessary to ensure its conservation.

2When there is danger in the residence, the department takes the necessary provisional measures and advances the costs by registering, if necessary, a legal mortgage for the share of costs which falls to the owner.

Expropriation

Art. 36 When a built building, park, garden or protected archaeological site is in danger, the State may, after warning, proceed to an expropriation, in accordance with the cantonal law on expropriation for reasons of public utility ( LEXUP), of January 26, 1987.

Repair

Art. 37 When the owner of a cultural object placed under protection has undermined it without authorization, he is required to restore it at his expense to its previous state. The department fixes a suitable deadline for this purpose.

CHAPTER 7

Archaeological collections

Principle

Art. 38 The cantonal archaeological collections include all the finds made on the territory of the canton within the meaning of this law, as well as scientific documentation enabling their conservation and public presentation.

Museum

Art. 39 1The preservation of cantonal archaeological collections and their public enhancement are ensured by the Laténium, Parc et Musée d'archéologie.

2In all of its tasks, the Laténium complies with the universally recognized rules of ethics established by the International Council of Museums (ICOM).

CHAPTER 8

Watchmaking heritage collections

Principle

Art. 40 The watchmaking heritage collections include watchmaking objects as well as scientific documentation enabling their conservation and public presentation.

Competence centers

Art. 41 The conservation of watchmaking heritage collections and their public enhancement are ensured by centers of competence recognized by the State.

CHAPTER 9

Documentary collections

Principle

Art. 42 The institutions in charge of documentary funds recognized of cantonal interest, in particular the urban libraries and the office in charge of State archives, organize their safeguarding activities in the form of a network.

Competence centers

Art. 43 1The Council of State designates centers of competence within this network.

2Competence centers advise and support the other members of the network in their areas of expertise.

Designation

Art. 44 The Council of State, on a proposal from the cantonal documentary collections commission, where appropriate after expert opinion, designates documentary funds of cantonal interest by decree.

CHAPTER 10

Intangible cultural heritage

Principle

Art. 45 1The State ensures, in collaboration with the relevant partners of the canton, and where appropriate with the Confederation, that the living traditions of Neuchâtel are included in the cantonal and national catalogs of intangible cultural heritage.

2It can support actions by third parties aimed at maintaining, studying or enhancing them.

CHAPTER 11

Unesco World Heritage

Principle

Art. 46 1The State, in collaboration with the municipalities concerned, ensures the safeguarding of objects inscribed on the UNESCO World Heritage lists.

2 It can support actions by third parties aimed at their preservation, study or enhancement.

CHAPTER 12

Financial arrangements

Financial resources

Art. 47 1The State assumes:

1. a) the costs of establishing censuses of cultural heritage objects, as set out in article 4, paragraphs 1 and 2 of this law;
2. b) the costs of inventories, research and archaeological excavations that it orders.

2 During any construction or development project concerning an archaeological perimeter, the applicant assumes the costs of the diagnosis necessary for establishing the notice of the office responsible for heritage and archeology on the planning or on the permit. to build.

3 During any project submitted to an environmental impact study, the applicant assumes 50% of the costs of the archaeological diagnosis.

4When a construction or development project concerns an archaeological area, the applicant finances between 20% and 50% of the costs of archaeological excavations, depending on the economic and heritage significance of the project as well as the efforts made by the owner to reduce damage to archaeological remains threatened by construction.

5The department fixes the proportion of funding due by the applicant, within the limits provided for in paragraph 4.

6The department may reduce or waive the funding owed by the applicant according to paragraphs 3 and 4 if it is manifestly disproportionate to the cost of the project or cannot be reasonably required.

7The intervention costs of the archeology section of the office responsible for heritage and archeology are subject to an order of the Council of State.

8The department can in any case accept or request the financial or material participation of third parties, for the realization of archaeological excavations outside the archaeological perimeter, the promotion of discoveries as well as preservation works.

Subsidies

1. a) cultural goods

Art. 48 1The State may pay subsidies to municipalities, private owners and third parties for the safeguarding of cultural property placed under protection and serial property registered in an inventory recognized by the canton.

2The subsidy rate, which varies from 10 to 20%, depends on the nature of the object. An additional subsidy of a maximum of 5% may be allocated taking into account the particular interest of the object, the nature and the importance of the works as well as the requirements set by the department.

3The Council of State decides on the principle and the amount of the subsidies.

4The State may refuse to pay the subsidy granted if the implementation of the conservation measures does not comply with the department's instructions.

1. b) documentary collections

Art. 49 1The State pays subsidies to urban libraries for the safeguarding of documentary holdings within the framework of conventions and performance mandates.

2It can support other institutions holding a collection of documentary funds of cantonal importance.

3The Council of State decides on the principle and the amount of the subsidies; it defines the criteria useful for this purpose.

1. c) watchmaking heritage

Art. 50 The State pays subsidies to institutions for the safeguarding of the watchmaking heritage within the framework of agreements and performance mandates.

CHAPTER 13

Criminal provisions

Traffic ticket

Art. 51 1 Anyone who contravenes this law or its implementing regulations, as well as the measures taken in execution of these laws and regulations, is liable to a fine of up to 40,000 francs.

2 Attempt and complicity are punishable.

Communication of decisions

Art. 52 1 Any decision taken by a cantonal criminal authority in application of the federal law on the protection of nature and the countryside of this law or its implementing provisions is communicated to the department.

2If the latter so requests, the criminal file must be submitted to him for consultation.

CHAPTER 14

Remedies

Remedies

Art. 53 Decisions taken pursuant to this law may be appealed in accordance with the law on administrative procedure and jurisdiction (LPJA), of June 27, 1979 [6] .

CHAPTER 15

Transitional provision

Buildings worthy of protection

Art. 54 Pending the revision of the municipal plan for the allocation of zones, built buildings considered to be worthy of protection within the meaning of article 24d of the federal law on regional planning may, if necessary, be put on the inventory by decree of the Council of State.

Procedure

Art. 55 1In view of the inventory, the office responsible for heritage and archeology:

1. a) notify, in advance and in writing, the owner and the municipality; it requires their observations within twenty days;
2. b) transmits the file to the department.

2As soon as the notice is communicated to the owner, the building can no longer be modified without the authorization of the department.

Decision

Art. 56 1On a proposal from the department, the Council of State decides on the inventorying.

2The listing is subject to a mention in the land register at the request of the department.

Effects

Art. 57 The owner of a built building listed in the inventory must obtain the prior authorization of the department for any work that he intends to carry out.

CHAPTER 16

Final provisions

Repeal

Art. 58 The Law on the Protection of Cultural Property of March 27, 1995 [7] is repealed.

Referendum

Art. 59 This law is subject to an optional referendum.

Entry into force and promulgation

Art. 60 1The Council of State fixes the date of entry into force of this law.

2It provides, if necessary, for its promulgation and its execution.

Law promulgated by the Council of State on October 31, 2018.

The entry into force is fixed with effect from November 1, 2018.