„Grabungsgenehmigung“? Braucht man nicht! Zwei maßgebliche Erkenntnisse österreichischer Gerichte aus dem Jahr 2017 zur archäologischen Denkmalpflege und ihre Konsequenzen

The Austrian National Heritage Agency (BDA) has maintained for decades that every excavation and any other reseach in situ to discover archaeological monuments requires a permit issued by the BDA according to § 11 (1) Austrian Monuments Protection Law (DMSG). Two recent Court judgements, on by the Austrian Federal Court of Administrative Appeals (BvWG) and one by the Austrian Supreme Administrative Court (VwGH), demonstrate that this legal opinion was and is false. Rather, it seems - in the light of these judgements - as if an "excavation permit" were only required for excavations and any other research targeting archaeological monuments scheduled according to §§ 2a or 3 DMSG or such where a public interest in their protection has at least been considered probable in publicly accessible expert witness statements. De facto, this would mean that, except for research on the c. 1,100 scheduled archaeological sites in Austria, no "excavation permit" would be required for any research in situ (including excavations) to discover archaeology.