International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW management of mines, caves, archaeological sites and treasures, as well as thermal, running and underground waters and underground resources in general.” However, to date, this specific law (provided for by the Constitution) to determine the ownership status of caves has not been issued. The first provision concerning caves was the Article 46 of Presidential Decree 941/77 on the organizational chart of the Ministry of Culture, according to which the Ephorate of Palaeoanthropology-Speleology is the competent authority for the excavation, study and protection of caves that present interest from a natural, archaeological, historical, paleontological and paleoanthropological perspective. Ministerial Decision no. 34593/1108/1983 (Gov. Gazette B’398) on the protection of caves came into force afterwards. According to this decision, caves were treated uniformly, without distinction as to whether signs of human presence were found inside them or not. Article 1 stipulates that: “Caves are included in the category of monuments and are considered an integral part of man’s cultural heritage, as works of man or of nature with a global historical, aesthetic, ethnological, anthropological or paleoanthropological value”. Also, according to Article 2 “Caves are also considered an integral part of the archaeological heritage...”. According to the same ministerial decision, protection, research, excavation and study of caves is the responsibility of the Ephorate of Palaeoanthropology – Speleology of the Ministry of Culture. The same decision (par 4) appoints as jointly responsible for the protection of caves the regional units of the Ministry of Culture, the municipal authorities, the local police departments, in cooperation with the Ephorate of Paleoanthropology-Speleology, prohibiting any operation, exploration or “exploitation” by any Greek or foreign entity without the prior approval of the Ministry of Culture. Decision 34593/1108/1983 established the criteria for the protection of caves, in accordance with the guidelines of the International Convention signed in Paris on November 23rd, 1972 for the Protection of the World Cultural and Natural Heritage, which was ratified by Greece by Law 1126/1981 (Gov. Gazette A’32). According to the International Convention (Article 1), monuments that are part of the “cultural heritage” explicitly include caves. Caves are also considered an integral part of the archaeological heritage, according to Article 1 of Law 1127/1981 (Gov. Gazette A’32) on the ratification of the European Convention for the protection of archaeological heritage, signed in London on May 6th, 1969. Every finding, object or any other trace of human existence, which is a testimony to eras and civilizations for which excavations or

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