Proposal to eliminate the non-transparent and illegal establishment of cultural heritage protection regimes based on data from the Cultural Heritage Register:
The Ministry of Culture requires that when preparing Municipal Detailed Spatial Plans, in its guidelines (16.2.2017), the Ministry of Culture issues, on the basis of Article 76 of the Act on the Protection of Cultural Heritage (Official Gazette of the Republic of Slovenia, No. 16/08, 123/08, 8/11 - ORZVKD39, 90/12, 111/13 and 32/16; in conjunction with Article 47 of the Act on Spatial Planning (Official Gazette of the RS, No. 33/07, 70/08 - ZVO-1B, 108/09, 80/10 - ZUPUDPP, 43711 - ZKZ-C, 57/12, 57/12 - ZUPUDPP-A, (109/12), 76/14 - Ord. US and 14/15 - ZUUJFO; hereinafter: ZPNačrt) GENERAL GUIDELINES FOR THE PLANNING OF THE MUNICIPAL SPACIAL PLAN FOR THE SECTOR OF THE PROTECTION OF IMMOVABLE CULTURAL HERITAGE inclusion of the latest status in the Register of Cultural Heritage in the chapter "Presentation of the spatial situation", which is the basis of the Municipal Plan (OPN), which further enforces the protection of cultural heritage through the spatial planning act prepared by the municipality and adopted by the Municipal Council. As the annexes and thus the Spatial Plans are not subject to public consultation in the process of preparing the OPN and do not allow for comments from the municipalities preparing the document, nor legal certainty for the interested public, the establishment of cultural heritage protection regimes is non-transparent and unlawful.
This is contrary to Article 5 of the Law on the Protection of Cultural Heritage (protection of owners' rights):
(2) The owner must be informed of protection matters affecting the exercise of his property rights.
It is also inconsistent with the Aarhus Convention and the European Heritage Strategy for the 21st Century, where public involvement is key to the goal of comprehensive heritage conservation.
5 Good governance means the concept that inspires the implementation of public policies and the way in which public officials carry out their duties. Incorporating principles such as (for reference, see the Strategy for Innovation and Good Governance at Local Level adopted by the Committee of Ministers on 8 March) fair and free elections, respect for diversity, transparency and ethical conduct, accountability, openness and participation in the management of public affairs, sustainability and long-term vision, prudent and responsible use of public finances, etc., is a key element of good governance. "Participatory governance" here refers to a shortcut to openness to the needs and expectations of stakeholders, the willingness of public office-holders to listen and respond to their expectations or demands, the adoption of public policies in a spirit of openness, accountability and shared ownership.
The current situation is a paradox, since the declaration of a monument recognised as a cultural heritage of outstanding importance is subject to Article 12 (public hearing), while for "only" registered heritage, the public is not involved, which results in problems in obtaining cultural heritage consents and conflicts, and a negative attitude of the public towards both the competent ministry and the public institutions.
Example: The whole of Kranjsko polje is protected as a cultural heritage site of the settlement core of Cerkeliai na Gorenjskem, which was included in the Spatial Situation Map but not in the graphic part of the Master Plan. The Ministry of Culture now considers that the area is protected by the spatial planning act of the OPN.

Proposal:
The public should be informed and involved in the process of establishing the cultural heritage protection regimes and be able to comment.
The Ministry of the Environment and Spatial Planning should check all spatial planning acts for which the newly established cultural heritage regimes have not been publicised and discussed with the interested public in order to establish the legality of the procedures.
On the basis of the expert material prepared by the ZVKDS, the Ministry of Culture should initiate the municipality to initiate the procedure for a spatial planning act which will be the basis for the protection, or initiate the procedure for a protection act in accordance with the Act on the Protection of Cultural Heritage on a municipality-by-municipality basis. Both at the level of the OPN and at the level of the OPPN.
If a change in the situation is detected, which implies an extension, reduction or deletion, the procedure must be identical, since the provisions of the zoning act or the protection act can only be amended in the manner in which they were adopted, and not by publication in the Register.