Law on the protection of the archaeological and paleontological heritage (LPPAP)
of May 27, 2015

The Parliament of the Republic and Canton of Jura

considering the federal law of July 1, 1966 on the protection of nature and the landscape (LPN) 1),
seen l Federal Ordinance of 16 January 1991 on the protection of nature and the countryside (OPN) 2),
having regard to Articles 42, 44a and 45 of the Cantonal Constitution3),
having regard to Article 3, paragraph 2, of the Law of 16 June 2010 on the protection of nature and the landscape (LPNP) 4),

decides:

CHAPTER ONE: General provisions

Purpose Article 1 1

1 This law regulates the inventory, protection, conservation and enhancement of the archaeological and paleontological heritage of the Republic and Canton of Jura.
2 The protection of geotopes is regulated by the law on the protection of nature and the landscape4), with the exception of the protection of fossil sites which is subject to this law.
3 The protection of monuments and works of art is regulated by the law on the conservation of works of art and historic monuments5).
Principles Art. 2 1 The principles of sustainable development govern the application of this Act.
2 The State, the municipalities and other corporations under public law take into account the requirements of the protection of the archaeological and paleontological heritage in the performance of their tasks.
445.4

2
Terminology Art. 3 The terms used in this law to designate persons apply equally to women and men.
Competent authorities

Art. 4

1 The Department of Training, Culture and Sports (hereinafter referred to as "the Department") is responsible for the protection of the archaeological and paleontological heritage.
2 In this context, the Department issues any useful directive, subject to the powers of the Government, and exercises all the powers assigned to it by this law and its implementing provisions.
3 Subject to the specific provisions of this law, the Culture Office is responsible for the application of federal law and cantonal law governing the protection of the archaeological and paleontological heritage.
4 To this end, the Culture Office exercises all the powers which are not expressly attributed to another authority. It can be consulted on the subject of cantonal archeology and paleontology.
Archaeological and Paleontological Heritage Commission
Art. 5

1 An archaeological and paleontological heritage commission is created.
2 The tasks of the commission include: a) examining the proposals relating to the inventory of archaeological and paleontological sites; b) to participate in the preparation of legal provisions relating to the protection of the archaeological and paleontological heritage; c) to give its opinion on any object submitted to it by the authorities; d) to formulate any proposal relating to the aims of this law.

3 The commission is made up of members representing in particular the archeology and paleontology, town planning, economy and municipalities.
4 The Government regulates, by ordinance, the organization and functioning of the commission.

CHAPTER II: Areas of protection
Areas Art. 6 1 The following may be the subject of a protective measure: a) archaeological or paleontological sites (hereinafter: "the sites");
445.4
3

b) archaeological or paleontological objects of scientific value (hereinafter: "the objects").

2 The sites and objects form the archaeological and paleontological heritage.
Principles Art. 7 1 The archaeological and paleontological heritage must be preserved and protected.
2 Alteration, removal or destruction of sites or objects without prior authorization from the Office of Culture is prohibited.
3 If a site or an object cannot be preserved, articles 23 to 27 of this law are applicable.
Property Art. 8 1 The sites belong to the owner of the land on which they are located.
2 The objects belong to the State in accordance with article 724 of the Swiss Civil Code6). In particular in the event of isolated discoveries, the Canton can derogate from its right of ownership of an object in favor of the author of the discovery, subject to the establishment of an agreement guaranteeing the adequate and lasting conservation of the object in the Canton.
3 The indemnities are regulated by article 724, paragraph 3, of the Swiss Civil Code6).

CHAPTER III: Protective measures
SECTION 1: Cantonal inventory

Principles Art. 9

1 The sites, identified or presumed, are listed in a cantonal inventory.
2 The Government establishes the inventory. It decides on the registration, modification or cancellation of objects entered in the inventory.
3 Municipalities and other corporations under public law, as well as organizations for the protection of nature and heritage, may make proposals for placing in the inventory or for striking off objects entered in the inventory. These are sent to the Culture Office.
445.4
4

4 The inventory is public and is kept up to date by the Culture Office where it can be consulted freely.
Categories Art. 10 The sites listed in the cantonal inventory are assigned to one of the following two categories: a) category 1: identified sites; b) category 2: presumed sites, the nature of which has not yet been clearly established.

Registration in the inventory: a) Prior procedure

Art. 11

1 With a view to registering a site in the inventory, the Culture Office: a) consults the commission on archaeological and paleontological heritage; b) takes the advice of the owners, operators, the municipality and the cantonal services concerned; c) deposit the file publicly for thirty days, with publication in the Official Journal of the notice of public deposit.

2 As soon as the notice of public deposit is published in the Official Journal, the site is provisionally registered.
b) Opposition Art. 12 The following persons are entitled to object: a) owners, operators and any person whose interests would be affected by registration in the inventory; b) private organizations which, according to their statutes, have the essential and permanent mission of looking after the interests protected by this law, in particular heritage protection organizations; c) municipalities and other corporations under public law in the context of safeguarding the public interests entrusted to them.

c) Conciliation Art. 13 Opponents are summoned to a conciliation session by the Culture Office. The results of the talks are recorded in a report.
d) Decision Art. 14 1 The Government decides on oppositions and decides simultaneously on the inclusion in the inventory.

2 The decision is communicated to the parties concerned and published in the Official Journal.
445.4
5

e) Recourse Art. 15 The Government's decision may be appealed to the Administrative Court of the Cantonal Court in accordance with the Code of Administrative Procedure7).
Adapting the inventory

Art. 16

1 The Government may modify or delete a site from the inventory under the conditions of article 90 of the Code of Administrative Procedure7) which applies by analogy.
2 Articles 11 to 15 of this law are applicable to the procedure for modifying or deleting a site.
Effects in relation to spatial planning

Art. 17

1 The Culture Office and the Territorial Development Service collaborate to: a) include the inventoried sites on the development plans; b) integrate the management of the archaeological and palaeontological heritage as well as possible in the procedures linked to regional planning.

2 The municipality concerned is required to inform the Culture Office in advance of any construction, earthmoving, servicing, land clearing or modification project affecting a site listed in the inventory.
3 Pursuant to article 28 of the decree concerning the building permit8), the Office of culture is the competent authority to consult in the event of doubt relating to damage to a site within the meaning of this law.

Financial effects Art. 18 The financial effects linked to registration in the event of a scientific study are regulated by article 27.
SECTION 2: Other protective measures

Acquisition, expropriation

Art. 19

1 When its safeguarding requires it, a site can be acquired by contract or, failing agreement, by way of expropriation.
2 The Government decides on the expropriation. For the rest, the provisions of the law on expropriation9) are applicable.
Discoveries: notification obligation and cessation of works
Art. 20 1 Anyone who discovers a site that has not yet been identified, or an object, must immediately notify the Office of Culture.
445.4
6
2 The work or activities carried out at the site of the discovery must be suspended pending a decision by the Office de la culture.
Conservatory measures

Art. 21

1 If an intervention endangers a site or an object, the Culture Office immediately orders all measures to prevent its deterioration. His decision is immediately enforceable.
2 If it is a site that the Culture Office wishes to have included in the cantonal inventory, the public filing of the file must take place within six months.
Mention in the Land Register

Art. 22

Restrictions on land ownership following fixed protection measures are, in general, mentioned in the Land Register and in the cadastre of restrictions on public law on land ownership, at the request of the Office for Culture.
CHAPTER IV: Scientific study
Principle and definition

Art. 23

1 When a site or an object cannot be preserved, it must be the subject of an archaeological or paleontological scientific study (hereinafter: "scientific study").
2 The scientific study includes excavations and prospecting proper, the evaluation of their data, the conservation and restoration of the objects discovered, as well as the documentation and publication of the results.
3 Exceptionally, the Culture Office may order a scientific study for other relevant reasons, in particular to advance scientific knowledge or for development.
Competent authorities
Art. 24 1 Scientific study can only be undertaken by the Office for Culture,or with his authorization and under his supervision.
2 In particular, the use of technical means to prospect or to excavate the ground in order to discover archaeological or paleontological objects requires prior authorization from the Office of Culture.

3 The Government regulates, by ordinance, the terms related to the scientific study.
445.4
7
Obligation to allow searches

Art. 25

1 The owner of the land is required to allow the necessary excavations and surveys.
2 The scientific study must be carried out within a reasonable time, respecting the appropriate scientific standards. Planning for prospecting and excavation is done, if possible, in agreement with the owner or, for construction projects, in coordination with the client.
3 The owner whose property is damaged by excavations or prospecting is compensated for the material damage caused. For other damages, he has the right to be compensated only if he undergoes a restriction of his property which is equivalent to an expropriation.
4 The third party who conducts a scientific study, with the authorization and under the supervision of the Culture Office, is solely responsible for the damage it causes and must be covered by sufficient civil liability insurance.
Rights of third parties Art. 26 When external persons are authorized or responsible for carrying out a scientific study, all of the findings as well as the complete scientific documentation are to be reserved for the Canton by the establishment of an agreement, which must also regulate the relative terms when the results are published.
Financial participation

Art. 27

1 Subject to the following paragraphs and contributions from third parties, the Canton assumes the costs of the scientific study.
2 When a construction or development project concerns a category 1 inventoried site and this requires a scientific study, the owner finances between 20% and 50% of the costs thereof.
3 The following is not required to participate financially within the meaning of paragraph 2: a) the owner who acquired an immovable before its provisional or final registration in category 1 within the meaning of articles 10, letter a, 11, paragraph 2, and 14, paragraph 2; this exception does not apply to public law corporations; b) the owner who has acquired, by transfer between parents in a direct line, an immovable that theformer owner had acquired before registration according to letter a.

445.4
8


4 The height of the participation provided for in paragraph 2 is fixed by the Department taking into account the importance of the project and the efforts made by the owner to reduce damage to the archaeological or paleontological remains threatened by the construction. The Department may, upon request, reduce or discontinue such participation, if such participation cannot be reasonably required or is manifestly disproportionate to the cost of the project as a whole.
5 During an environmental impact study, the owner finances 50% of the costs related to preliminary prospecting work relating to the archaeological and paleontological heritage.

CHAPTER V: Management of objects and enhancement of heritage
Management of objects

Art. 28

1 The Culture Office is responsible for the management of objects belonging to the Canton.
2 He takes the necessary measures to guarantee the adequate and lasting archiving of the objects to be preserved, either directly or by delegation to a private or public institution.
Heritage enhancement and research

Art. 29

1 The State seeks to promote the development of the archaeological and paleontological heritage. Collaboration with museums or any other person dedicated to this task is encouraged.
2 The State encourages archaeological and paleontological research, in particular collaboration with universities or any other person active in this field.
3 The State may grant subsidies to support activities or concrete actions in the field of archeology or paleontology.
CHAPTER VI: Police

Supervisory bodies
Art. 30

1 The supervision of the protection of the archaeological and paleontological heritage is carried out by the staff that the Culture Office specifically assigns to this task.
2 To accomplish this mission, the Culture Office may have recourse to an external expert.
445.4
9

3 Police officers, cantonal guards attached to the Office for the environment, staff of the Office for the environment assigned to environmental monitoring and forest rangers are required to assist and report any violation to the competent authority.
4 The powers of the municipalities in matters of building police remain reserved.
Duties and competences
Art. 31

The persons designated in article 30, paragraph 1, have the quality of judicial police officers within the meaning of the provisions of criminal procedure when they act within the framework of the legislation on the protection of the archaeological and paleontological heritage.

CHAPTER VII: Legal remedies

Art. 32

1 Opposition and appeals against decisions of the Office for Culture rendered pursuant to Article 21 have no suspensive effect, unless the authority so provides in the decision, or the appeal authority decides otherwise, ex officio or on request.
2 In addition, decisions taken under this law may be subject to opposition and appeal in accordance with the Code of Administrative Procedure7).
CHAPTER VIII: Criminal provisions

Contraventions Art. 33

1 A fine of up to 40,000 francs will be imposed on anyone who intentionally or negligently: a) appropriates, destroys, damages or improperly transforms an archaeological or paleontological heritage object; b) acts without benefiting from the authorizations required by this law or by its implementing provisions; c) exceeds the limits set by an authorization; d) neglects to report a fact when this law requires it; e) contravenes a prohibition or a measure ordered under this Act or its implementing provisions.

2 In serious cases, in particular if the author acted out of greed, or in the event of a repeat offense, the maximum fine is 100,000 francs.
445.4
10


3 The criminal provisions provided for by the federal law on the protection of nature and the countryside1) remain reserved.
4 Articles 6 and 7 of the Federal Law on Administrative Criminal Law10) apply. Legal persons or companies are jointly liable for fines and costs charged for offenses committed in the context of their management.
Communication Art. 34 Judgments and binding orders of the criminal authorities are communicated to the Culture Office within ten days.

CHAPTER IX: Final
provisions Implementing provisions

Art. 35

1 The Government may issue implementing provisions for this law by ordinance.
2 He may delegate to the Department the right to issue directives.
Repeal of existing law
Art. 36

The decree of 6 December 1978 on the protection and conservation of monuments and archaeological objects is repealed.
Modification of the law in force
Art. 37

The law of 16 June 2010 on the protection of nature and the countryside4) is amended as follows:
Article 3 , paragraph 2… 11)
Article 8 , paragraph 4… 11)
Referendum Art. 38 This law is subject to an optional referendum.
445.4
11

Entry into force
Art. 39 The Government fixes the entry into force12) of this law.
Delémont, May 27, 2015
ON BEHALF OF THE PARLIAMENT OF THE REPUBLIC AND CANTON OF JURA

The President: Jean-Yves Gentil The Secretary: Jean-Baptiste Maître