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  • Raimund Karl
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.

Keywords

  • ARCHAEOLOGY, Heritage, Heritage law, Heritage management
Translated title of the contribution"Excavation permit"? Not required!: Two sigfnificant judgements auf Austrian Courts from 2017 on archaeological heritage management and their consequences
Original languageGerman
Medium of outputScientific blog
Edition2
Volume2018
Publication statusPublished - 11 Feb 2018

Publication series

NameArchäologische Denkmalpflege
ISSN (Print)2516-4309

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