Case Law

The World Heritage Committee,

1. Having examined Document WHC/17/41.COM/7B,
2. Recalling Decision 39 COM 7B.80, adopted at its 39th session (Bonn, 2015),
3. Acknowledges the efforts of the State Party to address the conservation and management issues that have led to substantial improvements of the state of conservation of the property;
4. Noting the improvements made to the Management Plan, requests the State Party to address the following issues, which need further clarification, detail and further improvement:
   1. The linking of the management of the property to the protection of Outstanding Universal Value (OUV),
   2. The condition of the components and the Action Plan or programme of works,
   3. The coordinated management between the site managers and the Great Pompei Unit and the responsibility for the implementation of the Management Plan;
5. Welcomes the prolongation of the Grande Progetto Pompei (GPP) until 2019 and the extensive financial contributions, and also requests the State Party to ensure that both human and financial resources are identified beyond 2019, to adequately deal with the continuing needs for conservation and visitor management at the property;
6. Also welcomes the consolidation and restoration works of the five threatened buildings within the GPP, and encourages the State Party to develop a programme for long-term conservation and restoration of decorative surfaces;
7. Also encourages the State Party to continue to resolve the remaining issue at Porta Nola, in order to complete the conservation of the major storage building;
8. Notes the progress reported on drainage works, and further requests the State Party to carefully monitor the mitigation measures foreseen in the Regions I, III, IX, IV and V of the archaeological site and provide results to the World Heritage Centre for review by the Advisory Bodies;
9. Requests furthermore the State Party to provide the World Heritage Centre with the design for the service building at Villa A of Torre Annunziata, as soon as possible, for review by the Advisory Bodies;
10. Requests moreover the State Party to provide more detailed information and clarifications on the coordinated management of the Herculaneum Archaeological Park, the Great Pompei Unit and the Torre Annunziata;
11. Finally requests the State Party to submit to the World Heritage Centre, by 1 December 2018, an updated report on the state of conservation of the property and the implementation of the above, for examination of the World Heritage Committee at its 43rd session in 2019.

The World Heritage Committee,

1.  Having examined Document WHC-12/36.COM/7B.Add,

2.  Recalling Decision 35 COM 7B.10, adopted at its 35th session (UNESCO, 2011),

3.  Welcomes the initial positive results of the Reef Plan and associated measures to address major long-term impacts on the property from poor water quality, and requests the State Party, in collaboration with its partners, to maintain, and increase where necessary financial investment and sustain the positive trend beyond 2013;

4.  Takes note of the findings of the joint World Heritage Centre/IUCN reactive monitoring mission to the property undertaken in March 2012, and also requests the State Party to address the mission recommendations in its future protection and management of the property;

5.  Notes with great concern the potentially significant impact on the property’s Outstanding Universal Value resulting from the unprecedented scale of coastal development currently being proposed within and affecting the property, and further requests the State Party to not permit any new port development or associated infrastructure outside of the existing and long-established major port areas within or adjoining the property, and to ensure that development is not permitted if it would impact individually or cumulatively on the Outstanding Universal Value of the property;

6.  Requests furthermore the State Party to complete the Strategic Assessment and resulting long-term plan for the sustainable development of the property for consideration by the World Heritage Committee at its 39th session in 2015, and to ensure that the assessment and long-term plan are completed against a number of defined criteria for success, fully address direct, indirect and cumulative impacts on the reef and lead to concrete measures to ensure the overall conservation of the Outstanding Universal Value of the property; 

7.  Urges the State Party to establish the Outstanding Universal Value of the property as a clearly defined and central element within the protection and management system for the property, and to include an explicit assessment of Outstanding Universal Value within future Great Barrier Reef Outlook Reports;

8.  Recommends the State Party, in collaboration with its partners, to sustain and increase its efforts and available resources to conserve the property, and to develop and adopt clearly defined and scientifically justified targets for improving its state of conservation and enhancing its resilience, and ensure that plans, policies and development proposals affecting the property demonstrate a positive contribution to the achievement of those targets, and an overall net benefit to the protection of Outstanding Universal Value;

9.  Requests moreover the State Party to undertake an independent review of the management arrangements for Gladstone Harbour, that will result in the optimization of port development and operation in Gladstone Harbour and on Curtis Island, consistent with the highest internationally recognized standards for best practice commensurate with iconic World Heritage status;

10. Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2013, an updated report on the state of conservation of the property, including on the implementation of actions outlined above and in the mission report, for consideration by the World Heritage Committee at its 37th session in 2013, with a view to consider, in the absence of substantial progress, the possible inscription of the property on the List of World Heritage in Danger;

11. Decides to also consider a further report from the State Party on the state of conservation of the property, the findings of the second Great Barrier Reef Outlook Report, and the anticipated outcomes of the completed Strategic Environmental Assessment and related long term plan for sustainable development at is 39th session in 2015.

The World Heritage Committee,

1.   Having examined Document WHC-12/36.COM/7B.Add,

2.   Recalling Decision 34 COM 7B.83 adopted at its 34th session (Brasilia, 2010),

3.   Takes note of the results of the November 2011 joint World Heritage Centre/ICOMOS reactive monitoring mission, particularly, the conclusion that wind turbines impact adversely on the landscape setting of the property which provides its context and supports its Outstanding Universal Value;

4.   Strongly recommends the State Party to implement all the recommendations of the mission;

5.   Welcomes with satisfaction the identification by the State Party of a wind turbine exclusion zone, beyond the buffer zone, incorporated into the planning process, and also notes with interest the implementation of terrain modelling procedures for assessing visual impact;

6.   Further notes the definition of a replicable method of defining such a zone, based on computer-based cartography and by a terrain approach;

7.   Also notes the project to remove the 19th century causeway, and replace it with a permeable bridge that will allow the mount to be seen as an island, and requests that its inclusion be compatible with the Outstanding Universal Value of the property;

8.   Further notes the urgent needs for an integrated Management Plan for the property, and further requests the State Party to produce such a plan based on the Statement of Outstanding Universal Value and a landscape approach to the management of the property, its buffer zone and its wider setting, and to put in place a Coordination Committee to oversee its implementation;

9.   Requests furthermore the State Party to provide copies of the draft Management Plan for review by the World Heritage Centre and the Advisory Bodies by 1 February 2013;

10.  Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2014, an updated report on the state of conservation of the property and the implementation of the above for examination by the World Heritage Committee at its 38th session in 2014.

The World Heritage Committee,

1. Having examined Document WHC-10/34.COM/7A.Add,

2. Recalling Decision 33 COM 7B.102, adopted at its 33rd session (Seville, 2009),

3. Notes the establishment of an Inter-Ministerial Commission to ensure co-ordination of all World Heritage matters;

4. Also notes the recommendations of the joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission to the property in March 2010;

5. Reiterates its serious concern about the state of conservation of the different components of the property, and the slow rate of progress made by the State Party in addressing urgent issues;

6. Adopts the following Desired State of Conservation for the property, for its future removal from the List of World Heritage in Danger:

a) The World Heritage property with clearly marked boundaries and buffer zone precisely identified,

b) The Urban Master Plan of the City of Mtskheta, including land-use regulations and conservation master plan approved,

c) A comprehensive management system, including an Integrated Management Plan of the World Heritage property and its buffer zone, approved,

d) Long-term consolidation and conservation of the historical monuments in Mtskheta ensured;

7. Adopts the following corrective measures and the timeframe for their implementation:

a) Changes to be effected within one year - Precise identification of the World Heritage property and clearly marked boundaries and buffer zones by the following actions:

- Prepare adequate maps showing clear limits of all components of the property,

- Undertake topographic and archaeological surface surveys including the archaeological remains, important historical monuments and landscapes,

- Define the boundaries of the World Heritage property according to the results of the relevant surveys,

- Develop a 5-year training programme for the conservation and management of the site, possibly with participation at sub-regional/regional level,

- Develop a monitoring mechanism for the physical conservation of the buildings and archaeological sites,

- Define and prioritize the long-term conservation and consolidation measures within the World Heritage property;

b) Changes to be effected within one/two years - Implementation of the Urban Land-Use Master Plan of the City of Mtskheta, including operating plans and conservation master plan by the following actions:

- Establish complete cadastral information (land ownership), in publicly available and easily accessible format, for all land within the World Heritage property and its buffer zone,

- Establish clear operating plans and strict limits to development rights and management regulations within the property and its buffer zone, to ensure the long-term protection and conservation of the World Heritage property,

- Ensure that development rights on existing private or leased lands within the property are clearly defined and strictly controlled,

- Adopt and implement the Urban Land-Use Master Plan of the City of Mtskheta, including all aspects of infrastructure rehabilitation, zoning regulations with particular emphasis on the establishment of no-construction zones, the institutional reform and capacity building, community relations, and tourism development,

- Make publicly available the information on land-use for all lands within the property and its buffer zone, in easily accessible format, to ensure transparency in land use and allocations;

c) Changes to be effected within two/three years - Ensured site management by the following actions:

- Adopt legislation that assures the protection and maintenance of the Outstanding Universal Value of the whole of the World Heritage property and its component parts,

- Adopt the necessary priority for the conservation of the property in national policy, planning and budgets, and take pro-active measures to solicit donor support for property management and conservation,

- Develop and implement an Integrated Management Plan for the World Heritage property and its buffer zone, including:

•  
  • a tourism strategy,
  • strategic guidelines for the integrated multi-stakeholder approach to the conservation, rehabilitation and restoration of historic buildings,
  • design guidelines for new constructions and the street furniture,
  • clear guidelines for the type of management, religious or visitor infrastructure that can be built within the World Heritage property,

- Develop and implement a management system,

- Undertake appropriate training in conservation and management for the staff in charge of the preservation of the property,

- Establish a clear institutional coordination mechanism ensuring that the conservation of the property receives priority consideration within relevant governmental decision-making processes,

- Develop a state programme for the protection of World Heritage religious properties in Georgia, as a legal framework for co-management under which the respective responsibilities of the State Party and the Georgian Patriarchate are effectively established, monitored and evaluated in relation to the protection and conservation of the property,

d) Changes to be effected within five years (after possible removal from the List of World Heritage in Danger in 2 - 3 years) - Long-term protection and conservation of the historical monuments and the archaeological remains in Mtskheta by the following actions:

- Complete the documentation and recording of all historical monuments and archaeological remains in a digitized information database for management, conservation and planning purposes,

- Establish a full inventory of paintings including digitalization and reference system for all historical monuments in Mtskheta,

- Implement restoration of the paintings,

- Develop a special programme on the protection of all archaeological components of the City of Mtskheta;

8. Urges the State Party to develop, in consultation with the World Heritage Centre and the Advisory Bodies, a draft retrospective Statement of Outstanding Universal Value of the property for examination by the World Heritage Committee at its 35th session in 2011;

9. Requests the State Party to submit to the World Heritage Centre, by 1 February 2011, a detailed state of conservation report, including a progress report relevant to the implementation of the corrective measures, for examination by the World Heritage Committee at its 35th session in 2011;

10. Decides to retain the Historical Monuments of Mtskheta (Georgia) on the List of World Heritage in Danger.