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Country Summary for NETHERLANDS

I.  Relevant Legislation
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II.  Regulated Cultural Property

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  As such, the Heritage Act repealed and superseded nearly all previous Dutch cutural propery laws, including the Cultural Property Return Act of 2007, the Monuments and Historic Buildings Act of 1988, and the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. 

Definitions

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)

Historic Buildings/Sites:
     - all structures of at least 50 years of age which are of public interest because of their beauty, their importance to science or their cultural and historical value; and
     - sites that contain such structures. Such sites shall also be known as Archaeological Monuments. (MHBA, Sect. 1(b) & (c))
 
Listed Historic Buildings/Sites: historic buildings/sites that have been entered into the registers established by this Act. (MHBA, Sect. 1(d))
 
The Council: the Council for Culture. (CHPA, Sect. 1 & MHBA, Sect. 1)
 
Minister: Minister of Education, Culture and Science. (CHPA, Sect. 1 & MHBA, Sect. 1 & Return Act, Sect. 1)
 
Occupied Territory: A territory occupied on or after 14 Jan. 1959 during an armed conflict to which the First Protocol to the Hague Convention applies.
 
Registry

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 made it or his heir; or
 

     -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;

 
     -is lent by a non-resident to be exhibited in the Netherlands; or
 

     -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))

The Minister must maintain a national register of listed historic buildings/sites as well as one for every municipality. The Minister shall maintain a Central Archaeological Information System in which these registers are made public. (MHBA, Sects. 6 & 55)

 


III.  Export Restrictions
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IV.  Ownership Rights and Restrictions
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V.  Violations, Penalties and Sanctions
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VI.  International Conventions and Bilateral Agreements
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Country Contact
for Cultural Property
Cultural Heritage Inspectorate
Rijnstraat 50
P.O. Box 16478
NL-2500 BL The Hague
The Netherlands info@erfgoedinspectie.nl
www.erfgoedinspectie.nl
Tel: 31 (0)70 412 4012