Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 4 Global financial assistance
1 Financial assistance for measures for the preservation of sites deserving protection in accordance with Article 13 NCHA shall normally be granted globally on the basis of a programme agreement. 2 The subject matter of the programme agreement shall in particular be: a. the strategic programme objectives to be achieved jointly in the fields of nature protection, cultural heritage protection or monument preservation; b. the duties of the canton; c. the federal subsidy to be provided; d. the financial control system. 3 The term of the programme agreement shall be no more than four years. 4 The FOEN, the FOC and FEDRO shall issue guidelines on the procedure for programme agreements and on the information and documentation on the subject matter of the programme agreement.
Art. 4 — Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 4a Financial assistance in specific cases
1 By way of exception, financial assistance may be granted in a specific case if the measures: a. are urgently required; b. to a substantial extent require a complex or specialist assessment; or c. involve considerable expense. 2 The FOEN, the FOC or FEDRO shall enter into a contract with the canton for this purpose or shall issue a ruling. 3 The FOEN, the FOC and FEDRO shall issue guidelines on the procedure for the granting of financial assistance in specific cases and on the information and documentation accompanying the application.
Art. 4a — Inserted by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 4b Application
1 The canton shall submit the application for financial assistance to the FOEN, the FOC or FEDRO. 2 The application for global financial assistance must contain details of: a. the programme objectives to be achieved; b. the probable measures required to achieve the objectives and how they are to be implemented; c. the effectiveness of the measures.
Art. 4b — Inserted by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 5 Determination of the subsidy
1 The amount of financial assistance is determined by: a. the national, regional or local importance of the sites to be protected; b. the extent, quality and complexity of the measures; c. the level of threat to the sites to be protected; d. the quality in which the services are to be provided. 2 The amount of global financial assistance shall be negotiated between the FOEN, the FOC or FEDRO and the canton concerned. 3 In the fields of monument preservation, archaeology, protection of heritage sites and protection of historic traffic routes, the financial assistance may also be calculated on the basis of the following maximum subsidies in per cent of the expenditure eligible for subsidy: a. 25 per cent for sites of national importance; b. 20 per cent for sites of regional importance; c. 15 per cent for sites of local importance. 4 By way of exception, the percentage in paragraph 3 may be increased to a maximum of 45 per cent if it is proven that essential measures cannot be financed ot
Art. 5 — Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 6 Expenditure eligible for subsidy
Expenditure is eligible for subsidy only if it has actually been incurred and is required for the proper fulfilment of the measures.
Art. 6 — Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 7 Supplementary provisions
1 Requirements and conditions may be attached to the granting of financial assistance for a site, and in particular that: a. the site is placed under protection either permanently or for a specified period; b. the site is maintained in a condition appropriate to the purpose of the subsidy and that alterations to its condition require the approval of the FOEN, the FOC or FEDRO; c. the recipient of the subsidy reports periodically on its condition; d. a person appointed by the FOEN, the FOC or FEDRO is granted full inspection rights while work is being carried out on the site; e. … f. any reports, drawings or photographic records requested by the FOEN, the FOC or FEDRO be provided free of charge; g. the site is provided with a permanent inscription giving notice of the federal assistance and protection; h. any necessary upkeep work is carried out; i. any changes of ownership or other legal changes are reported immediately to the FOEN, the FOC or FEDRO; k. the condition of the site may be
Para. 1 let. d — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 1 let. e — Repealed by No I of the O of 18 Dec. 1995, with effect from 1 Feb. 1996 (AS 1996 225). Para. 1 let. f — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 1 let. g — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 2 — Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225)
Art. 8 Exemptions from mandatory record in land register
In granting financial assistance, the FOEN, the FOC or FEDRO shall exempt the landowner from the obligation to have restrictions on use recorded in the land register if the protection and upkeep measures are guaranteed equally effectively by other means. They shall take account of the importance of the site, potential risks and the existing cantonal options for legal protection.
Art. 8 — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).
Art. 9 Power to grant subsidies
1 The FOEN, the FOC or FEDRO are responsible for granting financial assistance. 2 This provision also applies to Articles 14, 14a and, unless in connection with the initiation of a compulsory purchase proceedings, 15 NCHA.
Art. 9 — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Art. 9 — Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823). Para. 1 — Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 10 Payment
1 Global financial assistance shall be paid in instalments. 2 Financial assistance in specific cases shall be paid on the basis of the statement of accounts examined and approved by the cantonal specialist agency.
Art. 10 — Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 10a Reporting and checking
1 The canton shall report to the FOEN, the FOC or FEDRO each year on the use of the global financial assistance. 2 The FOEN, the FOC or FEDRO shall check by random sample: a. that individual measures have been implemented in accordance with the programme agreement, ruling or contract; b. the use of the subsidies paid.
Art. 10a — Inserted by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 11 Substandard compliance
1 In the case of global financial assistance, the FOEN, the FOC or FEDRO shall withhold all or part of the instalment payments during the term of the programme if the canton: a. fails to comply with its reporting duty (Art. 10a para. 1); b. culpably causes substantial disruption to its services. 2 If in the case of global financial assistance, it becomes apparent after the programme term that the services provided are substandard, the FOEN, the FOC or FEDRO shall require the canton to rectify the defects; it shall allow the canton an appropriate period within which to do this. 3 The legal consequences of instances of substandard compliance where financial assistance has been granted in specific cases and claims for the recovery of financial already paid out shall be governed by Article 28 of the Subsidies Act of 5 October 1990.
Art. 11 — Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823). Para. 3 — SR 616.1
Art. 12 Subsidies paid to organisations
1 Organisations of national importance involved in nature protection, cultural heritage protection and monument preservation which claim financial assistance under Article 14 of the NCHA shall submit an application, stating their reasons, to the FOEN, the FOC or FEDRO. The application must be accompanied by detailed documentation (accounts and reports) on the activities of the organisation indicating the extent to which services eligible for subsidy that serve the public interest are being provided. 2 Financial assistance for activities serving the national interest may also be granted to: a. international organisations for nature protection, cultural heritage protection and monument preservation; b. secretariats responsible for international conventions on nature protection, cultural heritage protection and monument preservation.
Art. 12 — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 1 — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Para. 2 let. b — Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).
Art. 12a Research, education, public relations
1 Applications for financial assistance under Article 14a paragraph 1 NCHA must be submitted to the FOEN, the FOC or FEDRO. 2 Financial assistance to the cantons shall be granted globally on the basis of programme agreements. Articles 4–11 apply. 3 Financial assistance to other recipients shall be granted individually. Articles 6, 9, 10a and 11 paragraph 3 apply.
Art. 12a — Inserted by No I of the O of 18 Dec. 1995 (AS 1996 225). Amended by No I 1 of the O of 2 Feb. 2011 (Development of Environmental Programme Agreements), in force since 1 March 2011 (AS 2011 649).