TRANSFORMADORES DE GABINETE (USO NORMAL)

To understand the use of criteria for the listing of cultural heritage, this study reviewed the National Heritage listing of 5 countries. The selection of these 5 countries for review is based on the following list of criteria:

 Nations that have led the way in preservation and conservation of cultural heritage.

 Nations that have an established history in gazettal of cultural heritage for preservation purposes.

 The criteria for listing cultural heritage are available as a source of reference.

 There are sufficient literature and reference material to enable an understanding of how the country has used the criteria for listing.

 A combination of Western and Asian countries to gain knowledge on the criteria for listing and the way it is used.

Based on the above list of criteria, the United Kingdom, specifically England (UK), Australia, United States of America (US), Japan, and India were selected for review.

These 5 nations are amongst today’s leading nations for heritage conservation globally with established histories in gazettal of cultural heritage.

In the UK, the practice of listing cultural heritages that are of national importance began as early as 1882 under the Ancient Monuments Preservation Act (Sargent, 2001);

the Australian Heritage Commissions Act 1975 provides for the registry of national heritage places ("Australian Heritage Commission Act 1975,"); in the US, the Antiquities Act of 1906 permitted the American President to allocate sites of historical and scientific importance as national monuments (U.S Department of Interior); while the Ancient Shrines and Temple Preservation Act was enacted in 1897 in Japan (Choi, 2009) and in India, the Ancient Monuments and Preservation Act was enacted in 1904.

The protection of cultural heritages that are of national importance is implemented at national level through a designated Ministry and is supported by legislations (Orbasli, 2008) Table 2.1 provides a list of the Ministries and departments that are presently responsible for the protection of cultural heritage and the enabling legislation in UK, Australia, U.S, Japan and India.

Table 2.1: Ministries and Departments responsible for heritage protection and Legislation.

Country Ministries and Departments Legislation

UK (England) Department of Culture, Media and Sport (DCMS)

United States U.S. Department of Interior.

Administered by National Parks Service (NPS)

Historic Sites Act of 1935 (HSA)

Australia Ministry of Environment and

Energy (DEE)

Japan Ministry of Culture, Sports,

Science and Technology

2.3.1 National Heritage listing in the UK (England)

The UK, or more specifically England is one of the earliest countries to protect its built environment. At present, the protection of cultural heritage in the United Kingdom falls under the jurisdiction of the Department of Culture, Media and Sport (DCMS) with the Planning (Listed Buildings and Conservation Areas) Act 1990 as the current legislation. Historic England, a public body sponsored by DCMS is tasked with protecting the historic environment of England. Buildings which are of special architectural or historic interest are designated and protected on schedule. There are 2

statutory criteria for listing buildings ("Planning (Listed Building and Conservation Areas) Act 1990," (3)(a)). These criteria are as follows:

 Special architectural interest

 Special historic interest.

Listed buildings are divided into 3 grades which commensurate with the level of significance they display with Grade 1 listed building as the highest, followed by Grade 2* and subsequently Grade 2.

Historic England provides general principles and Selection Guides that are unique to building types to guide the selection of buildings. These Selection Guides offer an insight into features that are considered significant for specific typologies.

According to the Principles of Selection for Listing Buildings issued by DCMS (2010), 4 aspects play a role in the selection of buildings for listing. These are age and rarity, aesthetic merit, selectivity and National interest. The older the building is and with fewer examples remaining, the higher the chances it will be listed. Nevertheless, buildings must be at least 30 years old to qualify for listing. Special exemptions are given for buildings that are of outstanding quality or under threat. The external appearance of building both individually or as a group will have bearings on the selection process. Similarly, the best or most representative examples are selected to represent particular historical types. Selection for representativeness also includes regional examples that will contribute to the national historic building stock. Buildings may also be listed on the strength of a particular feature that forms part of the building if the feature is of sufficient interest.

Buildings that are selected for historical interest should have merit in their appearance. Historical interest refers to buildings that ‘...illustrate important aspects of

the nation’s social, economic, cultural, or military history and or have close associations with nationally important persons.’ (Department for Culture Media and Sports, 2010, p.

4) The state of repair the building is irrelevant to the decision for listing as architectural and historical interest are the primary factors that are considered.

2.3.2 National Heritage listing in Australia

Cultural heritage in Australia is protected by the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC) under the Department of the Environment and Energy ("Environment Protection and Biodiversity Conservation Act 1999 "). There are several levels of listing in Australia. At the highest is the World Heritage list, followed by National, State and Territory, and local levels.

Under the EPBC, the Minister is responsible for the National Heritage list and takes advice from the Australia Heritage Council who is obligated to assess the cultural values of places. Assessments are implemented based on the following criteria and are guided by the Ministry’s Guidelines for the Assessment of Places for National Heritage List (Australian Heritage Council, 2009b).

a) The place has outstanding heritage value to the nation because of the place's importance in the course, or pattern, of Australia's natural or cultural history.

b) The place has outstanding heritage value to the nation because of the place's possession of uncommon, rare or endangered aspects of Australia's natural or cultural history.

c) The place has outstanding heritage value to the nation because of the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history.

d) The place has outstanding heritage value to the nation because of the place's importance in demonstrating the principal characteristics of:

i. a class of Australia's natural or cultural places; or ii. a class of Australia's natural or cultural environments;

e) The place has outstanding heritage value to the nation because of the place's importance in exhibiting particular aesthetic characteristics valued by a community or cultural group.

f) The place has outstanding heritage value to the nation because of the place's importance in demonstrating a high degree of creative or technical achievement at a particular period.

g) The place has outstanding heritage value to the nation because of the place's strong or special association with a particular community or cultural group for social, cultural or spiritual reasons.

h) The place has outstanding heritage value to the nation because of the place's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history.

i) The place has outstanding heritage value to the nation because of the place's importance as part of Indigenous tradition.

A place is listed if it meets one or more of the above criteria. However, the criteria are not limited to listing tangible built heritage; it is also applicable for natural and indigenous heritage places.

The assessment for National Heritage listing according to the Australian Heritage Council (2009b, pp. 9-11), investigates the fundamental question of whether a place fulfils ‘...the statutory threshold of “outstanding national heritage value” to the nation’.

However, it is unnecessary for the place to be relevant to all Australians. A comparative

analysis of places that are similar is used to conclude whether the significance of the place is of national importance. Places that are of National Heritage importance are expected to have a high degree of authenticity and integrity. In the Australian context, assessment of authenticity determines whether the heritage values of the place ‘...is genuine or of undisputed origin’ while ‘...integrity is the ability to retain and convey the key heritage values’ of a place (Australian Heritage Council, 2009b, p. 12).

2.3.3 National Heritage listing in the United States of America

Preservation of heritage in the US is under the purview of the National Park Service (NPS), U.S. Department of Interior. The Secretary of the Interior in 1960, began designating nationally significant districts, sites, buildings, structures and objects as National Historic Landmarks (National Park Service, 1999). The selection of properties as a National Historic Landmark is guided by the following criteria in the Code of Federal Regulation (National Park Service, 1983 CFR 65.4):

1. That are associated with events that have made a significant contribution to, and are identified with, or that outstandingly represent, the broad national patterns of United States history and from which an understanding and appreciation of those patterns may be gained; or

2. That are associated importantly with the lives of persons nationally significant in the history of the United States; or

3. That represent some great idea or ideal of the American people; or

4. That embody the distinctive characteristics of an architectural type specimen exceptionally valuable for a study of a period, style or method of construction, or that represent a significant distinctive and exceptional entity whose, components may lack individual distinction; or

5. That are composed of integral parts of the environment not sufficiently significant by reason of historical association or artistic merit to warrant individual recognition but collectively compose an entity of exceptional historical or artistic significance, or outstandingly commemorate or illustrate a way of life or culture, or

6. That have yielded, or may be likely to yield, information of major scientific importance by revealing new cultures, or by shedding light upon periods of occupation over large areas of the United States. Such sites are those which may reasonably be expected to yield, data affecting theories, concepts and ideas to a major degree.

The potential historic landmarks are identified through the use of thematic or special studies. This requires the assessment of properties to be implemented within a historic context. A comparative assessment is carried out to ascertain if the integrity and strength of the historical associations are comparable to other properties that are of national importance.

According to the NPS guidelines for preparing nominations, the threshold to qualify as an NHL are associations that are nationally significant, high integrity and close relationship to the historic context. The NPS explains that integrity is the property’s ability to convey the historic association or attributes. The assessment of integrity is based on the properties’ physical attributes and how they relate to the historic context.

The evaluation of integrity considers 7 qualities namely, location, design, setting, materials, workmanship, feeling and association (National Park Service, 1999)

Several circumstances cause a property to be ineligible for listing. These are cemeteries, birthplaces, graves, religious properties, structures that were moved, buildings that have been reconstructed and those that have achieved significance within

the last 50 years. However, certain circumstances will enable exceptions to be made to allow these properties to qualify for listing.

2.3.4 National Heritage listing in Japan

Protection of cultural heritage in Japan has its beginnings with the enactment of the Old Shrine and Temple Preservation Act of 1897 to protect religious buildings and artefacts (Smith, 2000; Park, 2013; Yamamoto, 2008). According to Mackay-Smith, most of what is protected today is inherited from this Act, and that the focus for conservation in Japan is of cultural heritage from the ancient period (7th – 16th century) until the start of modern Japan during the Meiji Restoration period.

Today, heritage is protected at 3 levels in Japan. The national government designates nationally important cultural properties while local governments designate those of regional interest and value. In addition, local governments may also register traditional buildings. The 1950 Law for the Protection of Cultural Properties (LPCP) is the governing law to protect cultural heritage, and it is under the preview of the Ministry of Education, Culture, Sports, Science and Technology (MEXT).

The LCPC divides cultural properties into 8 categories. These categories are Tangible Cultural Properties, Intangible Cultural Properties, Folk Cultural Properties, Monuments, Cultural Landscapes, Groups of Traditional Buildings, Cultural Properties Conservation Techniques, and Buried Cultural Properties.

The LCPC divides Tangible Cultural Properties into structures, fine arts, and applied crafts. Cultural properties that are significant for historic, artistic, or scientific (academic) value are designated as Important Cultural Properties under this category, Those that are exceptionally significant, are designated as National Treasure and perceived ‘...as irreplaceable treasures of the nation.’("Law for the Protection of

Cultural Properties," 1950 Article 27(2)). Designation imposes restrictions on repairs, exports, and alterations to the appearance of Important Cultural Properties and National Treasures.

According to MEXT (1954), National Treasures are buildings, civil engineering structures and other works that are outstanding and are profoundly meaningful regarding cultural history. They are cultural assets that are representative of each era or type and fall under one of the following criteria:

i. Excellent designs ii. Excellent technically iii. High historical value iv. High academic value

v. Remarkable in school or regional characteristics

Four types of built cultural heritages are designated as National Treasure. The 4 types of built cultural heritages that are designated as National Treasure are places of religious worship (shrines and temples), castles, residences (palace or guesthouses in castles), and other buildings. Three cultural heritages are listed under the category of other buildings. These buildings are the North Noh Stage of Honganji Temple, Hall of Shizutani School, and Oura Cathedral.

According to Park (2013) and Yamamoto (2008) more than 70% of Japan’s designated structures are religious in nature. This suggests that the primary focus of cultural heritage preservation in Japan is mainly on religious architecture and those related to imperial history.

2.3.5 National Heritage listing in India

India protects her cultural heritage under the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (AMASRA) The Act which is under the jurisdiction of the Ministry of Culture, provides for protection of ancient monuments and sites of national importance through a listing process ("Ancient Monument and Archeological Sites and Remains (Amendment and Validation) Act, 2010,"). The Archaeological Survey of India website on October 2016 states that there are at present 3650 nationally important cultural heritages listed by the India Government consisting of temples, shrines, palaces, tombs, forts and other similar ancient monuments. The AMASRA, however, does not provide criteria to nominate cultural heritage for listing other than a minimum existence of not less than a 100 years ("Ancient Monument and Archeological Sites and Remains (Amendment and Validation) Act, 2010,").

The draft Guidelines for Central Protection for AMASRA that was drawn up in 2011, and National Heritage Sites List draft policy that were developed in 2015 by the Government of India gives 5 criteria to list ancient monuments and sites that are of national importance for protection. The criteria in both guidelines are similar, however, the National Heritage Sites List draft policy states in its preamble, that it is an adapted version of the UNESCO Operational Guidelines for the Implementation of the World Heritage Convention (Archaeological Survey of India, 2015) where definitions and values are concerned. The following are the criteria for listing nationally important cultural heritage in both the AMASRA draft guidelines and the National Cultural Heritage Sites List draft policy:

i. Exhibit an important interchange of human values, over a span of time or within a cultural area of India, on developments in architecture or technology, monumental arts, town-planning or landscape design.

ii. Bear a unique or at least exceptional testimony to a cultural tradition or to an Indian civilisation which is living or which has disappeared.

iii. Be an outstanding example of a type of building, architectural or technological ensemble or landscape which illustrates (a) significant stage(s) in Indian history.

iv. Be an outstanding example of a traditional human settlement, land-use, or sea-use representative of a culture (or cultures), intangible cultural heritage (such as crafts or music), or human interaction with the environment.

v. Be directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding national significance.

Neither the draft guideline for the AMASRA nor the National Cultural Heritage Sites List draft policy gives any explanation on the application and interpretation of the above criteria for listing.