Country Summary for NETHERLANDS
The "Heritage Act 2016" is intended to incorporate all Dutch cultural property laws into one single law. As such, the Heritage Act repealed and superseded nearly all previous Dutch cutural propery laws, including the Cultural Property Return Act of 2007, the Monuments and Historic Buildings Act of 1988, and the Cultural Heritage Preservation Act of 1985.
Collection: Movable property which, from a cultural-historical or scholarly viewpoint, belongs together.
Protected Object: movable property that is designated as a protected object.
Protected Collection: a collection that is designated as a protected collection. (CHPA, Sect. 1)
- sites that contain such structures. Such sites shall also be known as Archaeological Monuments. (MHBA, Sect. 1(b) & (c))
The Minister may designate as protected objects of movable property of special cultural-historical or scholarly significance that, being irreplaceable and indispensable, should be preserved as part of the Dutch cultural heritage. (CHPA, Sect. 2(1))
An item of movable property shall be deemed irreplaceable if there are no other similar objects or objects of a similar type, or virtually no such objects, to be found in good condition in the Netherlands. (CHPA, Sect. 2(2))
An item of movable property shall be deemed indispensable if it has:
- a symbolic function, meaning that the item serves as a clear reminder of persons or events which are of evident importance to the history of the Netherlands;
- a link function, meaning that the item serves as an essential element in a development which is of evident importance to the practice of scholarship in the Netherlands, including the study of the history of culture; or
- a benchmark function, meaning that the item makes an essential contribution to research into or knowledge of other objects of artistic or scholarly importance. (CHPA, Sect. 2(3))
The Minister may designate as a protected collection a collection of special cultural-historical or scholarly significance that, being irreplaceable and indispensable, should be preserved as part of the Dutch cultural heritage. (CHPA, Sect. 3(1))
The Minister shall keep a list of protected objects and collections which shall include a description of the protected object or collection and the reason for its designation as such. For protected collections, a catalogue of the items belonging to the protected collection shall also be included. A copy of the list shall be available for public inspection. (CHPA, Sect. 3c)
The Minister may cancel designations as protected objects or collections, amend reasons for designation, and add or remove items from the catalogue of a protected collection. (CHPA, Sect. 3d)
An item of movable property may only be designated as a protected object or included in the catalogue of a protected collection with the permission of the owner if the item in question:
-is the property of the person who brought it into the Netherlands or the person who obtained it within five years of its being brought into the Netherlands, or of his heir.
This restriction shall apply only to heirs within thirty years, or, in the case of archive material, fifty years of the death of the legator. Returning an item of movable property to the Netherlands from a temporary location elsewhere shall not constitute bringing it into the Netherlands. (CHPA, Sect. 4)
The Minister shall undertake not to designate as a protected object or protected collection an item of movable property a collection or a part thereof which:
-is in the custody of a person who takes up temporary residence in the Netherlands;
-for other comparable reasons does not, in the opinion of the Minister, belong in the Netherlands. (CHPA, Sect. 5)
The Minister may designate immovable historic buildings/sites as listed historic buildings/sites. (MHBA, Sect. 3(1))