Posted: Wed Jul 31, 2013 9:37 am
Fulflood wrote:This has enough sponsors to be added to the queue.
If it needs an 'I motion this' now, then I motion for this to be added to the queue.National Preservation Act
Drafted by: James Fulflood (Fulflood, LD)
Sponsors: Maklohi Vai (LD), Venaleria (RG), Resora (C), Glasgia (MSP), New Zephua (PC), The IASM (NIFP), Hydronium, Otrenia (PM)
i. Preamble
This bill identifies that national cultural and historical buildings and places currently have no national mechanism for their preservation, and notes that they should be protected for the future and present. The bill aims to do this through the creation of the National Preservation List to ensure that these buildings are treated with the attention they deserve with regards to planning and construction.
ii. Definitions
When used in this act, the following terms will be defined as stated under this section.
a) Interior - with a door or other partition, window, barrier or wall between the item in question and the outside world.
b) Exterior - those areas and locations not falling into the above definition.
c) Furniture - any easily removed item from the house which does not fall into the categories of fixtures or appliances.
d) Fixtures - any item which falls into one of these categories: walls; doors and other openable or moveable partitions; ceilings; floors and connected flooring including carpets, tiles, floorboards and other superficial flooring; windows and window openings; archways; pipes and electrical cables connected to or integrated into walls; air conditioning, boilers or any other integrated central heating or cooling systems, including their attached apparatus such as radiators and pipes; electrical sockets; light fixtures; mosaics and wall tiling; stairs.
e) Appliances - any interior built-in (connected to a fixture) item which falls into one of these categories: stoves, ovens, grills or other cooking apparatus; baths, showers, toilets or other water-emitting devices.
f) Modification - a change, interior or exterior, to the integral aspects structure or site, not including the removal or addition of furniture and appliances, and including earthworks resulting in more than 1 cubic metre of soil and rock being moved, removed or added.
g) Extension - the addition of a joining and connected structure or part of a structure larger than 1 square metre by 1 square metre on the side of an existing structure.
h) Demolition - the removal of all or part of a structure or site.
i) Maintenance - the minimum human action necessary to keep the building in a state closely resembling (as judged by the Aurentine Preservation Agency) the one under which it was assessed for inclusion on the National Preservation List (inclusion on the List shall be henceforth referred to as listing in this Act).
j) Planning inquiry - a meeting to decide upon changes to a structure or site on the NPL, organised within 20 miles of the location of the proposed change to the building, into which any member of the public shall be admitted. The developer, a local government representative and an APA representative must be present.
k) Change in use - the change in predominant purpose for which a structure or site is used. The uses between which change of use regulations shall be applied are: residential, shops, financial services, place of worship, restaurant/café, drinking establishments, landfill, takeaways, residential homes with care, police, fire, government offices, medical institutions, hotels, secure residential (including prisons), educational establishments, sport, law courts, theatres, casinos, hostels, cinemas, swimming pools, stadiums, gymnasiums, nightclubs, laundrettes, industrial, industrial involving hazardous waste, night clubs, petrol stations, music and concert halls, general public places of assembly, and other. The definitions of these categories shall be decided upon by the Aurentine Preservation Agency until further legislation on this matter is passed. Note that change of use regulations shall also be applied when dividing the structure or site into separate ownerships or residencies, or into two or more sections without doors or other partitions or entrances connecting them.
1. The National Preservation List
a) The National Preservation List (NPL) shall be set up as a list of buildings for which special consideration needs to be taken with regards to their modification, extension or demolition, or any other construction work carried out on those buildings, due to their historical, aesthetic, cultural or social importance.
b) The responsibility of selecting structures or sites for inclusion on (or removing them from) the NPL shall lie with the Aurentine Preservation Agency (APA), whose existence shall be established by this Act.
c) The APA shall be independent of, but subordinate to, the Ministry of Culture. The APA shall have branches in each province to deal with local matters pertaining to the NPL.
d) The sites and structures nominated for listing shall be sorted by the APA into the categories described in section 2, based on their age, style and reason for inclusion on the list; and the grades described in section 3, based on their importance.
e) The age of nominated structures or sites shall not be used as a factor which decides whether the structure or site is worthy of listing (with the exception of those in category A).
f) It is strongly advised that large areas of historical, aesthetic, social or cultural importance be listed not as a group, but as separate sites for each property, to accurately distinguish between the more notable sites of the area and the less notable ones, and to facilitate ease of planning.
2. Categories
a) The categories into which the structures and sites are assorted shall be:i. Category A - A building notable for its historical connotations, including all buildings greater in area than 10 square metres by 10 square metres built in 1600 AD or before [discuss],
ii. Category B - A building notable for its continuing cultural connotations,
iii. Category C - A building notable for its aesthetics or aesthetic uniqueness locally, regionally or nationally, including its design by a particular architect or group,
iv. Category D - A site or structure not generally classed as a building.
3. Grades
a) The grades into which the structures and sites are assorted shall be:i. Grade 1 - structures or sites of exceptional interest (such as cathedrals, significant ancient monuments, palaces, major castles, world-renowned architecture),
ii. Grade 2 - particularly important structures or sites of more than special interest (such as major notable or historic places of worship, ruined castles, striking architecture or cultural centres),
iii. Grade 3 - structures or sites that are of special or local interest and notable or exceptional among their surroundings (such as notable individual houses, historic parks and gardens),
iv. Grade 4 - structures or sites which contribute significantly to the general style or aesthetics of an area, but are not overtly notable in themselves (such as a street of characterful individual houses, an important local park, the house of a particularly notable individual if non-notable by itself).
4. Regulations
a) The following regulations shall be enacted for each grade:i. Grade 1-
1. The demolition of more than 10% of the area of these sites or structures is illegal. Demolitions of less than 10% of the area of these sites requires approval by the APA, a judge and the Minister of Culture.
2. The fitting or erection of fixtures must be approved by the APA via a planning inquiry carried out by the APA.
3. The fitting of appliances must be approved via a planning inquiry carried out by the APA.
4. The change of use of these sites and structures requires approval, via planning inquiry by the APA, and by the Minister of Culture.
5. Removal of these sites from the NPL requires approval by the APA, a judge and the Minister for Culture.
6. Extension of these structures or sites requires approval by the APA via a planning inquiry carried out by the APA.
7. External modification of these structures or sites requires approval by the APA via a planning inquiry carried out by the APA.
8. The placement of furniture does not require approval by the APA, unless the matter is brought to their attention and they choose to pursue it.
ii. Grade 2-
1. The demolition of these sites or structures requires approval by the APA, a judge and the Minister of Culture.
2. The fitting or erection of fixtures must be approved by the APA via a planning inquiry carried out by the APA.
3. The fitting of appliances must be approved by the APA, not necessarily in a planning inquiry.
4. The change of use of these sites and structures requires approval by the APA.
5. Removal of these sites from the NPL requires approval by the APA, and by the Minister of Culture.
6. Extension of these structures or sites requires approval by the APA via a planning inquiry carried out by the APA.
7. External modification of these structures or sites requires approval by the APA via a planning inquiry carried out by the APA.
iii. Grade 3-
1. The demolition of these sites or structures requires approval by the APA via a planning inquiry carried out by the APA.
2. The fitting or erection of fixtures requires approval by the APA.
3. The fitting of appliances does not require approval by the APA, unless the matter is brought to their attention and they choose to pursue it.
4. The change of use of these sites and structures requires approval by the APA.
5. Removal of these sites from the NPL requires approval by the APA in a formal inquiry.
6. Extension of these structures or sites requires approval by the APA via a planning inquiry carried out by the APA.
7. External modification of these structures or sites requires approval by the APA.
iv. Grade 4-
1. The demolition of these sites or structures requires approval by the APA.
2. The fitting or erection of fixtures does not require approval by the APA, unless the matter is brought to their attention and they choose to pursue it.
3. The fitting of appliances does not require approval by the APA, and any ruling they may give shall be purely advisory and non-obligatory.
4. The change of use of these sites and structures does not require approval by the APA.
5. Removal of these sites from the NPL requires approval by the APA.
6. Extension of these structures or sites requires approval by the APA.
7. External modification of these structures or sites does not require approval by the APA, unless the matter is brought to their attention and they choose to pursue it.
b) The regulations for grade 4 sites and structures may be modified by the APA. Other regulations require passage of an Act through the Senate, although it is strongly advised that this should not be done without the approval of the APA.
c) For grades 2, 3 and 4, the placement of furniture does not require approval by the APA, and any ruling they may give shall be purely advisory and non-obligatory.
5. World Heritage Sites
a) The APA shall have the power to nominate particularly notable areas of, or locations in, Aurentina to UNESCO for consideration for World Heritage Site status.
What category is this bill being sent into?