Commonwealth Numbered Acts

WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 No. 5 of 1983 - SCHEDULE 1

                                    SCHEDULE                          Section
3
CONVENTION FOR THE PROTECTION OF THE WORLD CULTURAL AND
NATURAL HERITAGE
The General Conference of the United Nations Educational, Scientific and
Cultural Organization meeting in Paris from 17 October to 21 November 1972, at
its seventeenth session,
Noting that the cultural heritage and the natural heritage are increasingly
threatened with destruction not only by the traditional causes of decay, but
also by changing social and economic conditions which aggravate the situation
with even more formidable phenomena of damage or destruction.
Considering that deterioration or disappearance of any item of the cultural or
natural heritage constitutes a harmful impoverishment of the heritage of all
the nations of the world,
Considering that protection of this heritage at the national level often
remains incomplete because of the scale of the resources which it requires and
of the insufficient economic, scientific and technical resources of the
country where the property to be protected is situated,
Recalling that the Constitution of the Organization provides that it will
maintain, increase and diffuse knowledge, by assuring the conservation and
protection of the world's heritage, and recommending to the nations concerned
the necessary international conventions,
Considering that the existing international conventions, recommendations and
resolutions concerning cultural and natural property demonstrate the
importance, for all the people of the world, of safeguarding this unique and
irreplaceable property, to whatever people it may belong,
Considering that parts of the cultural or natural heritage are of outstanding
interest and therefore need to be preserved as part of the world heritage of
mankind as a whole,
Considering that, in view of the magnitude and gravity of the new dangers
threatening them, it is incumbent on the international community as a whole to
participate in the protection of the cultural and natural heritage of
outstanding universal value, by the granting of collective assistance which,
although not taking the place of action by the State concerned, will serve as
an effective complement thereto,
Considering that it is essential for this purpose to adopt new provisions in
the form of a convention establishing an effective system of collective
protection of the cultural and natural heritage of outstanding universal
value, organized on a permanent basis and in accordance with modern scientific
methods,
Having decided, at its sixteenth session, that this question should be made
the subject of an international convention,
Adopts this sixteenth day of November 1972 this Convention.
1. DEFINITIONS OF THE CULTURAL AND THE NATURAL HERITAGE
Article 1 For the purposes of this Convention, the following shall be
considered as "cultural heritage": monuments: architectural works, works of
monumental sculpture and painting, elements or structures of an archaeological
nature, inscriptions, cave dwellings and combinations of features, which are
of outstanding universal value from the point of view of history, art or
science; groups of buildings: groups of separate or connected buildings which,
because of their architecture, their homogeneity or their place in the
landscape, are of outstanding universal value from the point of view of
history, art or science; sites: works of man or the combined works of nature
and of man, and areas including archaeological sites which are of outstanding
universal value from the historical, aesthetic, ethnological or
anthropological points of view.
Article 2 For the purposes of this Convention, the following shall be
considered as "natural heritage"; natural features consisting of physical and
biological formations or groups of such formations, which are of outstanding
universal value from the aesthetic or scientific point of view; geological and
physiographical formations and precisely delineated areas which constitute the
habitat of threatened species of animals and plants of outstanding universal
value from the point of view of science or conservation; natural sites or
precisely delineated natural areas of outstanding universal value from the
point of view of science, conservation or natural beauty.
Article 3
It is for each State Party to this Convention to identify and delineate the
different properties situated on its territory mentioned in Articles 1 and 2
above.
II. NATIONAL PROTECTION AND INTERNATIONAL PROTECTION OF THE
CULTURAL AND NATURAL HERITAGE
Article 4
Each State Party to this Convention recognizes that the duty of ensuring the
identification, protection, conservation, presentation and transmission to
future generations of the cultural and natural heritage referred to in
Articles 1 and 2 and situated on its territory, belongs primarily to that
State. It will do all it can to this end, to the utmost of its own resources
and, where appropriate, with any international assistance and co-operation, in
particular, financial, artistic, scientific and technical, which it may be
able to obtain.
Article 5
To ensure that effective and active measures are taken for the protection,
conservation and presentation of the cultural and natural heritage situated on
its territory, each State Party to this Convention shall endeavour, in so far
as possible, and as appropriate for each country:

   (a)  to adopt a general policy which aims to give the cultural and natural
heritage a function in the
life of the community and to integrate the protection of that heritage into
comprehensive
planning programmes;

   (b)  to set up within its territories, where such services do not exist,
        one or
more services for the
protection, conservation and presentation of the cultural and natural
heritage with an
appropriate staff and possessing the means to discharge their functions;

   (c)  to develop scientific and technical studies and research and to work
        out
such operating
methods as will make the State capable of counteracting the dangers that
threaten its cultural
or natural heritage;

   (d)  to take the appropriate legal, scientific, technical, administrative
        and
financial measures
necessary for the identification, protection, conservation, presentation and
rehabilitation of
this heritage; and

   (e)  to foster the establishment or development of national or regional
        centres for training in the protection, conservation and presentation
        of the cultural and natural heritage and to encourage scientific
        research in this field.
Article 6
1. Whilst fully respecting the sovereignty of the States on whose territory
the cultural and natural heritage mentioned in Articles 1 and 2 is situated,
and without prejudice to property rights provided by national legislation, the
States Parties to this Convention recognize that such heritage constitutes a
world heritage for whose protection it is the duty of the international
community as a whole to co-operate.
2. The States Parties undertake, in accordance with the provisions of this
Convention, to give their help in the identification, protection, conservation
and preservation of the cultural and natural heritage referred to in
paragraphs 2 and 4 of Article 11 if the States on whose territory it is
situated so request.
3. Each State Party to this Convention undertakes not to take any deliberate
measures which might damage directly or indirectly the cultural and
natural heritage referred to in Articles 1 and 2 situated on the territory of
other States Parties to this Convention.
Article 7
For the purpose of this Convention, international protection of the world
cultural and natural heritage shall be understood to mean the establishment of
a system of international co-operation and assistance designed to support
States Parties to the Convention in their efforts to conserve and identify
that heritage.
III. INTERGOVERNMENTAL COMMITTEE FOR THE PROTECTION OF THE
WORLD CULTURAL AND NATURAL HERITAGE
Article 8
1. An Intergovernmental Committee for the Protection of the Cultural and
Natural Heritage of Outstanding Universal Value, called "the World Heritage
Committee", is hereby established within the United Nations Educational,
Scientific and Cultural Organization. It shall be composed of 15 States
Parties to the Convention, elected by States Parties to the Convention meeting
in general assembly during the ordinary session of the General Conference of
the United Nations Educational, Scientific and Cultural Organization. The
number of States members of the Committee shall be increased to 21 as from the
date of the ordinary session of the General Conference following the entry
into force of this convention for at least 40 States.
2. Election of members of the Committee shall ensure an equitable
representation of the different regions and cultures of the world.
3. A representative of the International Centre for the Study of the
Preservation and Restoration of cultural Property (Rome Centre), a
representative of the International Council of Monuments and Sites (ICOMOS)
and a representative of the International Union for Conservation of Nature and
Natural Resources (IUCN), to whom may be added, at the request of States
Parties to the Convention meeting in general assembly during the ordinary
sessions of the General Conference of the United Nations Educational,
Scientific and Cultural Organization, representatives of other
intergovernmental or non-governmental organizations, with similar objectives,
may attend the meetings of the Committee in an advisory capacity.
Article 9
1. The term of office of States members of the World Heritage Committee shall
extend from the end of the ordinary session of the General Conference during
which they are elected until the end of its third subsequent ordinary session.
2. The term of office of one-third of the members designated at the time of
the first election shall, however, cease at the end of the first ordinary
session of the General Conference following that at which they were elected;
and the term of office of a further third of the members designated at the
same time shall cease at the end of the second ordinary session of the General
Conference following that at which they were elected. The names of these
members shall be chosen by lot by the President of the General Conference of
the United Nations Educational, Scientific and Cultural Organization after the
first election.
3. States members of the Committee shall choose as their representatives
persons qualified in the field of the cultural or natural heritage.
Article 10
1. The World Heritage Committee shall adopt its Rules of Procedure.
2. The Committee may at any time invite public or private organizations or
individuals to participate in its meetings for consultation on particular
problems.
3. The Committee may create such consultative bodies as it deems necessary for
the performance of its functions.
Article 11
1. Every State Party to this Convention shall, in so far as possible, submit
to the World Heritage Committee an inventory of property forming part of the
cultural and natural heritage, situated in its territory and suitable for
inclusion in the list provided for in paragraph 2 of this Article. This
inventory, which shall not be considered exhaustive, shall include
documentation about the location of the property in question and its
significance.
2. On the basis of the inventories submitted by States in accordance with
paragraph 1, the Committee shall establish, keep up to date and publish, under
the title of "World Heritage List", a list of properties forming part of the
cultural heritage and natural heritage, as defined in Articles 1 and 2 of this
Convention, which it considers as having outstanding universal value in terms
of such criteria as it shall have established. An updated list shall be
distributed at least every two years.
3. The inclusion of a property in the World Heritage List requires the consent
of the State concerned. The inclusion of a property situated in a territory,
sovereignty or jurisdiction over which is claimed by more than one State shall
in no way prejudice the rights of the parties to the dispute.
4. The Committee shall establish, keep up to date and publish, whenever
circumstances shall so require, under the title of "List of World Heritage in
Danger", a list of the property appearing in the World Heritage list for the
conservation of which major operations are necessary and for which assistance
has been requested under this Convention. This list shall contain an estimate
of the cost of such operations. The list may include only such property
forming part of the cultural and natural heritage as is threatened by serious
and specific dangers, such as the threat of disappearance caused by
accelerated deterioration, large-scale public or private projects or rapid
urban or tourist development projects; destruction caused by changes in the
use or ownership of the land; major alterations due to unknown causes;
abandonment for any reason whatsoever; the outbreak or the threat of an armed
conflict; calamities and cataclysms; serious fires, earthquakes, landslides;
volcanic eruptions; changes in water level, floods, and tidal waves. The
Committee may at any time, in case of urgent need, make a new entry in the
List of World Heritage in Danger and publicize such entry immediately.
5. The Committee shall define the criteria on the basis of which a property
belonging to the cultural or natural heritage may be included in either of the
lists mentioned in paragraphs 2 and 4 of this article.
6. Before refusing a request for inclusion in one of the two lists mentioned
in paragraphs 2 and 4 of this article, the Committee shall consult the State
Party in whose territory the cultural or natural property in question is
situated.
7. The Committee shall, with the agreement of the States concerned,
co-ordinate and encourage the studies and research needed for the drawing up
of the lists referred to in paragraphs 2 and 4 of this article.
Article 12
The fact that a property belonging to the cultural or natural heritage has not
been included in either of the two lists mentioned in paragraphs 2 and 4 of
Article 11 shall in no way be construed to mean that it does not have an
outstanding universal value for purposes other than those resulting from
inclusion in these lists.
Article 13
1. The World Heritage Committee shall receive and study requests for
international assistance formulated by States Parties to this Convention with
respect to property forming part of the cultural or natural heritage, situated
in their territories, and included or potentially suitable for inclusion in
the lists referred to in paragraphs 2 and 4 of Article 11. The purpose of such
requests may be to secure the protection, conservation, presentation or
rehabilitation of such property.
2. Requests for international assistance under paragraph 1 of this article may
also be concerned with identification of cultural or natural property defined
in Articles 1 and 2, when preliminary investigations have shown that further
inquiries would be justified.
3. The Committee shall decide on the action to be taken with regard to these
requests, determine where appropriate, the nature and extent of its
assistance, and authorize the conclusion, on its behalf, of the necessary
arrangements with the government concerned.
4. The Committee shall determine an order of priorities for its operations. It
shall in so doing bear in mind the respective importance for the world
cultural and natural heritage of the property requiring protection, the need
to give international assistance to the property most representative of a
natural environment or of the genius and the history of the peoples of the
world, the urgency of the work to be done, the resources available to the
States on whose territory the threatened property is situated and in
particular the extent to which they are able to safeguard such property by
their own means.
5. The Committee shall draw up, keep up to date and publicize a list of
property for which international assistance has been granted.
6. The Committee shall decide on the use of the resources of the Fund
established under Article 15 of this Convention. It shall seek ways of
increasing these resources and shall take all useful steps to this end.
7. The Committee shall co-operate with international and national governmental
and non-governmental organizations having objectives similar to those of this
Convention. For the implementation of its programmes and projects, the
Committee may call on such organizations, particularly the International
Centre for the Study of the Preservation and Restoration of Cultural Property
(the Rome Centre), the International Council of Monuments and Sites (ICOMOS)
and the International Union for Conservation of Nature and Natural Resources
(IUCN), as well as on public and private bodies and individuals.
8. Decisions of the Committee shall be taken by a majority of two-thirds of
its members present and voting. A majority of the members of the Committee
shall constitute a quorum.
Article 14
1. The World Heritage Committee shall be assisted by a Secretariat appointed
by the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
2. The Director-General of the United Nations Educational, Scientific and
Cultural Organization, utilizing to the fullest extent possible the services
of the International Centre for the Study of the Preservation and the
Restoration of Cultural Property (the Rome Centre), the International Council
of Monuments and Sites (ICOMOS) and the International Union for Conservation
of Nature and Natural Resources (IUCN) in their respective areas of competence
and capability, shall prepare the Committee's documentation and the agenda of
its meetings and shall have the responsibility for the implementation of its
decisions.
IV. FUND FOR THE PROTECTION OF THE WORLD CULTURAL AND NATURAL
HERITAGE
Article 15
1. A Fund for the Protection of the World Cultural and Natural Heritage of
Outstanding Universal Value, called "the World Heritage Fund", is hereby
established.
2. The Fund shall constitute a trust fund, in conformity with the provisions
of the Financial Regulations of the United Nations Educational, Scientific and
Cultural Organization.
3. The resources of the Fund shall consist of:

   (a)  compulsory and voluntary contributions made by the States Parties to
        this
Convention,

   (b)  contributions, gifts or bequests which may be made by:

        (i)    other States;

        (ii)   the United Nations Educational, Scientific and Cultural
               Organization,
other
organizations of the United Nations system, particularly the United Nations
Development Programme or other intergovernmental organizations;

        (iii)  public or private bodies or individuals;

   (c)  any interest due on the resources of the Fund;

   (d)  funds raised by collections and receipts from events organized for the
benefit of the Fund; and

   (e)  all other resources authorized by the Fund's regulations, as drawn up
        by
the World Heritage
Committee.
4. Contributions to the Fund and other forms of assistance made available to
the Committee may be used only for such purposes as the Committee shall
define. The Committee may accept contributions to be used only for a certain
programme or project, provided that the Committee shall have decided on the
implementation of such programme or project. No political conditions may be
attached to contributions made to the Fund.
Article 16
1. Without prejudice to any supplementary voluntary contribution, the States
Parties to this Convention undertake to pay regularly, every two years, to the
World Heritage Fund, contributions, the amount of which, in the form of a
uniform percentage applicable to all States, shall be determined by the
General Assembly of States Parties to the Convention, meeting during the
sessions of the General Conference of the United Nations Educational,
Scientific and Cultural Organization. This decision of the General Assembly
requires the majority of the States Parties present and voting, which have not
made the declaration referred to in paragraph 2 of this Article. In no case
shall the compulsory contribution of States Parties to the Convention exceed
1% of the contribution to the Regular Budget of the United Nations
Educational, Scientific and Cultural Organization.
2. However, each State referred to in Article 31 or in Article 32 of this
Convention may declare, at the time of the deposit of its instruments of
ratification, acceptance or accession, that it shall not be bound by the
provisions of paragraph 1 of this Article.
3. A State Party to the Convention which has made the declaration referred to
in paragraph 2 of this Article may at any time withdraw the said declaration
by notifying the Director-General of the United Nations Educational,
Scientific and Cultural Organization. However, the withdrawal of the
declaration shall not take effect in regard to the compulsory contribution due
by the State until the date of the subsequent General Assembly of States
Parties to the Convention.
4. In order that the Committee may be able to plan its operations effectively,
the contributions of States Parties to this Convention which have made the
declaration referred to in paragraph 2 of this Article, shall be paid on a
regular basis, at least every two years, and should not be less than the
contributions which they should have paid if they had been bound by the
provisions of paragraph 1 of this Article.
5. Any State Party to the Convention which is in arrears with the payment of
its compulsory or voluntary contribution for the current year and the calendar
year immediately preceding it shall not be eligible as a Member of the World
Heritage Committee, although this provision shall not apply to the first
election.
The terms of office of any such State which is already a member of the
Committee shall terminate at the time of the elections provided for in Article
8, paragraph 1 of this Convention.
Article 17
The States Parties to this Convention shall consider or encourage the
establishment of national, public and private foundations or associations
whose purpose is to invite donations for the protection of the cultural and
natural heritage as defined in Articles 1 and 2 of this Convention.
Article 18
The States Parties to this Convention shall give their assistance to
international fund-raising campaigns organized for the World Heritage Fund
under the auspices of the United Nations Educational, Scientific and Cultural
Organization. They shall facilitate collections made by the bodies mentioned
in paragraph 3 of Article 15 for this purpose.
V. CONDITIONS AND ARRANGEMENTS FOR INTERNATIONAL ASSISTANCE
Article 19
Any State Party to this Convention may request international assistance for
property forming part of the cultural or natural heritage of outstanding
universal value situated within its territory. It shall submit with its
request such information and documentation provided for in Article 21 as it
has in its possession and as will enable the Committee to come to a decision.
Article 20
Subject to the provisions of paragraph 2 of Article 13, sub-paragraph (c) of
Article 22 and Article 23, international assistance provided for by this
Convention may be granted only to property forming part of the cultural and
natural heritage which the World Heritage Committee has decided, or may
decide, to enter in one of the lists mentioned in paragraphs 2 and 4 of
Article 11.
Article 21
1. The World Heritage Committee shall define the procedure by which requests
to it for international assistance shall be considered and shall specify the
content of the request, which should define the operation contemplated, the
work that is necessary, the expected cost thereof, the degree of urgency and
the reasons why the resources of the State requesting assistance do not allow
it to meet all the expenses. Such requests must be supported by experts'
reports whenever possible.
2. Requests based upon disasters or natural calamities should, by reasons of
the urgent work which they may involve, be given immediate, priority
consideration by the Committee, which should have a reserve fund at its
disposal against such contingencies.
3. Before coming to a decision, the Committee shall carry out such studies and
consultations as it deems necessary.
Article 22
Assistance granted by the World Heritage Committee may take the following
forms:

   (a)  studies concerning the artistic, scientific and technical problems
        raised
by the protection,
conservation, presentation and rehabilitation of the cultural and natural
heritage, as defined in
paragraphs 2 and 4 of Article 11 of this Convention;

   (b)  provision of experts, technicians and skilled labour to ensure that
        the
approved work is
correctly carried out;

   (c)  training of staff and specialists at all levels in the field of
identification, protection,
conservation, presentation and rehabilitation of the cultural and natural
heritage;

   (d)  supply of equipment which the State concerned does not possess or is
        not
in a position to
acquire;

   (e)  low-interest or interest-free loans which might be repayable on a
long-term basis;

   (f)  the granting, in exceptional cases and for special reasons, of
non-repayable subsidies.
Article 23
The World Heritage Committee may also provide international assistance to
national or regional centres for the training of staff and specialists at all
levels in the field of identification, protection, conservation, presentation
and rehabilitation of the cultural and natural heritage.
Article 24
International assistance on a large scale shall be preceded by detailed
scientific, economic and technical studies. These studies shall draw upon the
most advanced techniques for the protection, conservation, presentation and
rehabilitation of the natural and cultural heritage and shall be consistent
with the objectives of this Convention. The studies shall also seek means of
making rational use of the resources available in the State concerned.
Article 25
As a general rule, only part of the cost of work necessary shall be borne by
the international community. The contribution of the State benefiting from
international assistance shall constitute a substantial share of the resources
devoted to each programme or project, unless its resources do not permit this.
Article 26
The World Heritage Committee and the recipient State shall define in the
agreement they conclude the conditions in which a programme or project for
which international assistance under the terms of this Convention is provided,
shall be carried out. It shall be the responsibility of the State receiving
such international assistance to continue to protect, conserve and present the
property so safeguarded, in observance of the conditions laid down by the
agreement.
VI. EDUCATIONAL PROGRAMMES
Article 27
1. The States Parties to this Convention shall endeavour by all appropriate
means, and in particular by educational and information programmes, to
strengthen appreciation and respect by their peoples of the cultural and
natural heritage defined in Articles 1 and 2 of the Convention.
2. They shall undertake to keep the public broadly informed of the dangers
threatening this heritage and of activities carried on in pursuance of this
Convention.
Article 28
States Parties to this Convention which receive international assistance under
the Convention shall take appropriate measures to make known the importance of
the property for which assistance has been received and the role played by
such assistance.
VII. REPORTS
Article 29
1. The States Parties to this Convention shall, in the reports which they
submit to the General Conference of the United Nations Educational, Scientific
and Cultural Organization on dates and in a manner to be determined by it,
give information on the legislative and administrative provisions which they
have adopted and other action which they have taken for the application of
this Convention, together with details of the experience acquired in this
field.
2. These reports shall be brought to the attention of the World Heritage
Committee.
3. The Committee shall submit a report on its activities at each of the
ordinary sessions of the General Conference of the United Nations Educational,
Scientific and Cultural Organization.
VIII. FINAL CLAUSES
Article 30
This Convention is drawn up in Arabic, English, French, Russian and Spanish,
the five texts being equally authoritative.
Article 31
1. This Convention shall be subject to ratification or acceptance by States
members of the United Nations Educational, Scientific and Cultural
Organization in accordance with their respective constitutional procedures.
2. The instruments of ratification or acceptance shall be deposited with the
Director-General of the United Nations Educational, Scientific and Cultural
Organization.
Article 32
1. This Convention shall be open to accession by all States not members of the
United Nations Educational, Scientific and Cultural Organization which are
invited by the General Conference of the Organization to accede to it.
2. Accession shall be effected by the deposit of an instrument of accession
with the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
Article 33
This Convention shall enter into force three months after the date of the
deposit of the twentieth instrument of ratification, acceptance or accession,
but only with respect to those States which have deposited their respective
instruments of ratification, acceptance or accession on or before that date.
It shall enter into force with respect to any other State three months after
the deposit of its instrument of ratification, acceptance or accession.
Article 34
The following provisions shall apply to those States Parties to this
Convention which have a federal or non-unitary constitutional system:

   (a)  with regard to the provisions of this Convention, the implementation
        of
which comes under
the legal jurisdiction of the federal or central legislative power, the
obligations of the federal or
central government shall be the same as for those States Parties which are not
federal States;

   (b)  with regard to the provisions of this convention, the implementation
        of
which comes under the
legal jurisdiction of individual constituent States, countries, provinces or
cantons that are not
obliged by the constitutional system of the federation to take legislative
measures, the federal
government shall inform the competent authorities of such States, countries,
provinces or
cantons of the said provisions, with its recommendation for their adoption.
Article 35
1. Each State Party to this Convention may denounce the Convention.
2. The denunciation shall be notified by an instrument in writing, deposited
with the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
3. The denunciation shall take effect twelve months after the receipt of the
instrument of denunciation. It shall not affect the financial obligations of
the denouncing State until the date on which the withdrawal takes effect.
Article 36
The Director-General of the United Nations Educational, Scientific and
Cultural Organization shall inform the States members of the Organization, the
States not members of the Organization which are referred to in Article 32, as
well as the United Nations, of the deposit of all the instruments of
ratification, acceptance, or accession provided for in Articles 31 and 32, and
of the denunciations provided for in Article 35.
Article 37
1. This Convention may be revised by the General Conference of the United
Nations Educational, Scientific and Cultural Organization. Any such revision
shall, however, bind only the States which shall become Parties to the
revising convention.
2. If the General Conference should adopt a new convention revising this
Convention in whole or in part, then, unless the new convention otherwise
provides, this Convention shall cease to be open to ratification, acceptance
or accession, as from the date on which the new revising convention enters
into force.
Article 38
In conformity with Article 102 of the Charter of the United Nations, this
Convention shall be registered with the Secretariat of the United Nations at
the request of the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
Done in Paris, this twenty-third day of November 1972, in two authentic copies
bearing the signature of the President of the seventeenth session of the
General Conference and of the Director-General of the United Nations
Educational, Scientific and Cultural Organization, which shall be deposited in
the archives of the United Nations Educational, Scientific and Cultural
Organization, and certified true copies of which shall be delivered to all the
States referred to in Articles 31 and 32 as well as to the United Nations.