Guardianship

(1) NICH may, with the authority of the Minister in writing, and in concurrence with the Minister responsible for lands, enter, by public deed, into a guardianship contract with any local or foreign organization or other related entity whereby the custody and administration of Government owned designated buildings or other heritage assets is passed over to such entity as the case may be, in accordance with the provisions of this Act and subject to such conditions not inconsistent therewith as may be contained in the deed. (2) A guardianship deed under this section shall state the term for which it is entered, which term shall be approved by the Minister on a case by case basis, following the careful consideration of the feasibility and scale of undertaking of each proposal. (3) Before entering into a guardianship deed, NICH shall seek the views of the Council as to the conditions to be included in the deed, such conditions in particular to take the following matters into consideration– (a) the protective measures that are to be taken to safeguard the heritage assets subject to the deed; and (b) the conservation and management plan relative to the property, the organizational, operational and financial arrangements in National Cultural Heritage 48 connection therewith, and the organizational, operational and financial resources to be dedicated therefor. (4) A guardianship deed shall not prejudice any powers of NICH or the Council under this Act with regard to the property in question subject to such deed. (5) The property subject to the guardianship deed shall remain the property of the Government. (6) The Minister may in consultation with the Council, and at any time by Order published in the Gazette, rescind the guardianship deed if any conditions stipulated therein or the provisions of this Act are not observed by the other party. (7) No later than six weeks after each anniversary of a guardianship deed, the entity in whose custody the heritage asset is placed shall transmit to the Minister and NICH, a report of its activities in relation to the heritage asset and the manner in which it has executed the guardianship deed during the previous year. (8) The Minister may, upon recommendation of NICH and in consultation with the Council, make rules generally in relation to guardianship. works.