Dutch Heritage Act
Dutch Cultural Heritage
With the Heritage Act, the government protects cultural heritage in the Netherlands. Before 2016, there were various laws and regulations for the preservation and management of cultural heritage. Since July 2016, these have all been combined into a single law.
Heritage Act Replaces Laws and Regulations
The Heritage Act has replaced six laws and regulations related to cultural heritage:
Monument Act 1988
Act on the Privatization of National Museum Services;
Act for the Preservation of Cultural Heritage;
Act for the Restitution of Cultural Objects from Occupied Territory;
Act Implementing the UNESCO Convention 1970 on the Unlawful Import, Export, and Transfer of Ownership of Cultural Objects;
Regulations on the Material Management of Museum Objects.
What does the Dutch Heritage Act state?
The Heritage Act stipulates:
– what cultural heritage is;
– how the Netherlands manages movable cultural heritage (such as paintings);
– who has what responsibilities;
– how the Netherlands oversees this.
The Heritage Act concerns the protection of our cultural heritage. Heritage also exists in spatial planning (the living space around us). How the Netherlands manages this is outlined in the General Provisions of Environmental Law Act. You can read more about the Heritage Act on the website of the Cultural Heritage Agency of the Netherlands.
Who is covered by the Dutch Heritage Act?
Do you use cultural objects or other heritage? Or are you involved with them in your work? Then you are subject to the Heritage Act. This applies primarily to:
– owners, users, and purchasers of cultural heritage;
– museums and administrators of the national collection (a collection of approximately 140,000 art objects owned by the national government);
– archaeologists and volunteers in archaeology;
– interest groups, such as the Heritage Association Heemschut;
– people working in the heritage sector (for example, museum staff or consultancies);
– municipalities, provinces, and various parts of the national government.
What’s new in the Dutch Heritage Act?
Much of the Heritage Act already existed in other laws and regulations. What was already good in an old law or regulation is equally valid in the Heritage Act. For example, laws and regulations regarding the export, return, and preservation of protected cultural objects. The Heritage Act does introduce changes in several areas.
For example, there are new rules for the disposal of cultural objects by the national government:
If provinces, municipalities, or the national government wish to sell objects, experts must first provide advice.
This also applies to universities and water boards.
All managers of the national collection adhere to the same rules when handling art objects.
There are also changes in the field of archaeology. Companies or organizations that conduct preliminary archaeological research or excavations now require a certificate.