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Vanuatu Consolidated Legislation - 1988 |
Commencement: 2 July 1965
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 39
PRESERVATION OF SITES AND ARTIFACTS
JR 11 of 1965
ARRANGEMENT OF SECTIONS
SECTION
PART I
Interpretation
1. Interpretation
PART II
Classification
2. Classification of sites
3. Minister to inform owner of site which it is proposed to classify
4. Classified site not to be modified or to undergo deterioration
5. Minister may award subvention
PART III
Sale of Sites or Objects
6. Right of pre-emption
PART IV
Exportation of Objects
7. Restriction on export of objects
8. Retention of objects for benefit of Port Vila Cultural Centre
PART V
Penalties
9. Penalties
10. Confiscation of objects
PART VI
General Provisions
11. Regulations
12. Enforcement
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PRESERVATION OF SITES AND ARTIFACTS
To provide for the preservation of sites and objects of historical, ethnological or artistic interest.
PART I
INTERPRETATION
INTERPRETATION
1. In this Act, "Minister" means the Minister responsible for culture.
PART II
CLASSIFICATION
CLASSIFICATION OF SITES
(2) Any artifact of local manufacture which is fixed to the soil on a classified site shall be considered to be immovable and shall in consequence be classified by virtue of classification of such site.
MINISTER TO INFORM OWNER OF SITE WHICH IT IS PROPOSED TO CLASSIFY
(2) Failure to reply within the said period shall be taken as indicating the consent of the owner to the proposed conditions of classification.
CLASSIFIED SITE NOT TO BE MODIFIED OR TO UNDERGO DETERIORATION
Provided that such change shall in no circumstances invalidate the classification of such sites.
MINISTER MAY AWARD SUBVENTION
PART III
SALE OF SITES OR OBJECTS
RIGHT OF PRE-EMPTION
(2) Any intended sale of such site or artifact shall be notified to the Minister by the parties thereto or by one of them.
(3) The intention to exercise the right of pre-emption shall be expressed by the Minister, after consultation with the Board of Management of the Port Vila Cultural Centre, within a period not exceeding 14 clear days from the date upon which notification is received.
(4) If no such intention has been clearly expressed within the said period the Minister shall be deemed not to exercise his right of pre-emption.
PART IV
EXPORTATION OF OBJECTS
RESTRICTION ON EXPORT OF OBJECTS
Provided that the Minister may authorise the export of such objects, after consulting the Board of Management of the Port Vila Cultural Centre, in either of the following circumstances -
(a) if they are destined for a body of genuine cultural nature; or
(b) if the exporter is able to certify in writing that the object is his personal property and will not be sold.
RETENTION OF OBJECTS FOR BENEFIT OF PORT VILA CULTURAL CENTRE
(2) If this right is exercised the exporter shall be paid fair compensation which shall either be fixed by agreement or failing this after evaluation has been made by one or more experts appointed by the Minister for such purpose.
PART V
PENALTIES
PENALTIES
(2) Any person who commits an offence against the provisions of Part IV of this Act shall be liable upon conviction to a fine not exceeding VT200,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.
CONFISCATION OF OBJECTS
PART VI
GENERAL PROVISIONS
REGULATIONS
ENFORCEMENT
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URL: http://www.paclii.org/vu/legis/consol_act1988/posaaa361