Archaeological Heritage Management in Austria (by Erika Pieler, Bernhard Hebert and Andreas Picker) I. Organisational framework Austria is a federal republic, where the states (Bundesländer) have a lot of competences. However, the protection of monuments and therefore also of archaeological remains is a federal competence. This means that Austria has one legal act and one authority responsible for the protection of monuments. The authority is the Bundesdenkmalamt or Federal Office for the Protection of Monuments. This office is a subordinated body to the Federal Ministry for Education, the Arts and Culture. The Bundesdenkmalamt (BDA) has a long history dating back to 1850, however, this former so called commission was at the beginning not an authority but rather a scientific organization. This changed when the first heritage laws were enacted: 1918: export regulations, 1923: heritage protection law (Denkmalschutzgesetz). The present organizational structure foresees a president as head of the office. Then there are three pillars: the expert section, the regional section with offices in the nine Austrian states, and the administrative section. Concerning archaeology there is a department for archaeology within the BDA with one archaeologist working in each regional office. In the Bundesdenkmalamt in general c. 200 persons are employed. The scope of activities of the BDA is manifold: The main function is that of a public authority: This means that the BDA issues licenses for excavations and prospections as well as for the export of objects. It protects sites or movable objects by an administrative decision. The BDA also is responsible for the registration of monuments and keeps an inventory. Furthermore all archaeological finds have to be reported to the BDA. These official tasks are exclusive competences of the BDA. No other institution in Austria can do this. Other important fields of activity are research, maintenance and funding. Due to their expertise the archaeologists of the BDA also support other authorities or institutions. Here especially the environmental impact assessment should be mentioned. Finally, the BDA organizes a lot of events and exhibitions that should raise awareness for cultural heritage. Beside the authorities BDA and Ministry there is also an advisory board (Denkmalbeirat), which supports the BDA and the Minister. Other actors are the archaeologists employed by the individual Austrian states as well as the Austrian Archaeological Institute, the universities and the Austrian Academy of Sciences. The quality control for archaeology is done by the BDA, which issues licenses for all excavations and also field research. All reports regarding archaeological finds as well as reports on excavations have to be submitted to the BDA, which therefore is the biggest archive for archaeological knowledge. In 2011 guidelines for excavations and other archaeological measures were published by the BDA. These guidelines should ensure transparency for applicants but also a high standard for archaeological excavations and other measures. The BDA itself is controlled by the Federal Ministry. II. Legal framework Legal basis for the protection of archaeological monuments is the Federal Law for the Protection of Monuments, which was enacted in 1923, however amended several times. This law contains provisions for the protection of archaeological monuments. It protects them against destruction or illicit export. There are special provisions for archaeological finds and archaeological excavations. In Austria archaeological finds belong to the finder and the landowner together. There are no treasure trove provisions in Austria. The law also contains sanctions for illicit excavations, destruction, illicit export and so on. However, most of the offences are punished by administrative fines only and are no criminal offences. There is no legal definition what should be considered as an archaeological site, however, archaeological remains – movable and immovable – are covered by the term “monument”. Monuments are objects – movable and immovable – made by man and they have to be of historic, artistic and/or cultural significance. Archaeological finds are defined as monuments found under the earth or water – so underwater archaeology is included. What is problematic with this definition of a monument is the fact, that only objects made by man can be protected, paleontological objects are no monuments. Also larger sites cannot be protected easily. Only well-defined areas where it is proven that monuments exist can be protected. For the protection of a site an administrative decision of the BDA is necessary. Concerning movable objects the situation is a bit different, because objects owned by the church or public institutions are automatically protected, also archaeological finds which are not reported to the BDA. III. The archaeological archaeology) process and the developments (preventive Facts and Figures - Number and form of archaeological operators: Presently there are c. 130 archaeological operators at work in Austria. The number of excavations carried out directly by the Federal Office for the Protection of Monuments (Bundesdenkmalamt, BDA) is decreasing rapidly (still 28% in 2011). Many operators are organised as firms (limited companies, ranging from one-man-businesses to larger enterprises) but also some private societies and associations as well as State museums play a role in carrying out heritage management measures. The archaeological departments of the universities, the Academy of Sciences and the Austrian Archaeological Institute are almost exclusively involved in research excavations. -Yearly costs spent on archaeology: There are no records on how much money is spent on archaeology nationwide. This is due to the large part of private funding coming from developers and paid directly to the operators. The BDA subsidises a number of projects with a total sum of approx. one million Euro per year. - Rate of unemployment: There are no records concerning archaeologists’ unemployment. - Number of field evaluations per year: Surveys and reports for regional development and local area zoning as well as large scale environmental impact assessments are a growing aspect of archaeological heritage management in Austria. A total of 2284 assessments were written in 2011. - Number of planning licenses which affect archaeological heritage and number of excavations per year: A total of 534 excavations and prospections took place in 2011. Doubtlessly, the number of development projects that would potentially affect archaeology is quite higher. However, only the measures (mainly rescue excavations) that have actually been carried out are quantifiable. Practice - Describe the administrative System related to archaeological work. Anyone planning on carrying out an excavation or prospection (from rescue operation to research project) must submit an application form describing the location of the site and the extent of the intended work. If no objections arise, the BDA will issue a permit in the form of an official notification made out to an individual (not an institution). Ideally, one of the nine regional supervisors (one per State) will oversee and visit the excavation while it is in progress. Three months after the activity has ended a copy of all the collected documentation (digital and on paper) as well as two kinds of reports (for publishing and archiving) must be handed in to the BDA. - What is the estimated extent of the backlog in the processing of the excavated material and its publication? Naturally, the majority of finds and documentation cannot be analysed scientifically within a narrow time frame. Since 2010 a system of basic evaluation of the incoming data by the regional supervisors has been in operation. The finds archives of the Federal Office for the Protection of Monuments hold c. 20.000 boxes/units at the moment. - What are the sources for financing archaeological surveys in general? In case of preventive or development led excavations does the ‘polluter pay’? While there is no legislation for the policy ‘polluter pays’, it has become common practise and makes up the greater part of funding for archaeological work. Federal subsidies are often able to fend off the high costs for non-commercial developers or private land owners. - Do you have contract archaeology? What are the advantages and disadvantages of this system? Since the course of the BDA’s internal reorientation in the last years Austrian archaeology relies heavily on archaeological firms to carry out the actual field work. A recent questionnaire among all the involved professionals has shown that the quality of the work and its results is believed to have increased, but so have the costs that polluters or contractors need to face. - Do you have sufficient financial sources for managing archaeological heritage and protecting it in the long term? The assignation of an archaeological site as a protected monument is a legal process with few immediate costs. However the ideal case of the state or community purchasing the land plot – thus ensuring a long-term preservation – has come into effect only on a few occasions. There is no regular budget for these procedures. IV. Present challenges (results, problems) - In the next years a re-evaluation of archaeological monuments should start based on new standards and criteria enabling the authorities to establish a better system of protecting archaeological heritage and declaring monuments.