ACT No. XII of 2005 AN ACT to amend the Cultural Heritage Act, Cap. 445.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

26th July, 2005

ACT No. XII of 2005

AN ACT to amend the Cultural Heritage Act, Cap. 445.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>-

(1) The short title of this Act is the Cultural Heritage Short title and

commencement.

(Amendment) Act, 2005. This Act shall be read and construed as one

with the Cultural Heritage Act, hereinafter referred to as “the principal

Act”.

(2) This Act shall come into force on such date as the

Minister responsible for cultural heritage may by notice in the Gazette

establish, and different dates may be so established for different

provisions and different purposes thereof.

Article 2 of the principal Act shall be amended as follows>

Amendment of

article 2 of the

principal Act.

(a)

the definition “Centre” shall be deleted<

(b) in the definition “conservation” immediately after the

words “any activity” there shall be added the words “and research”<

(c) in the definition “Entities” the words “the Centre,” shall

be deleted<

(d) in the definition “exploration” for the words “and which

may result in the discovery of” there shall be substituted the words

“or in the pursuit of discovering new”< and

(e) in the definition “surveillance” immediately after the

words “which includes” there shall be inserted the words “, saving

the functions of the Agency.”<

Subarticle (5) of article 7 of the principal Act shall be amended

as follows>

(a) in paragraph (c) thereof, the words “to conduct and”

shall be inserted immediately before the words “to promote”<

(b) in paragraph (f) thereof, immediately after the words

“and sites” there shall be added the words “, and to maintain all

necessary databases and information derived from or required to

organise, plan, co-ordinate, and monitor restoration projects”<

(c) paragraph (k) shall be re-numbered as paragraph (m)

and the following new paragraphs (k) and (l) shall be inserted

immediately after paragraph (j)>

“(k) to advise Government, following consultation

with the Agency and other relevant bodies, on a policy of

conservation and restoration and identify priority areas and

special needs<

(l) to compile and regularly update a register of non-

governmental organisations set up with the objective of

promoting cultural heritage, including the conservation,

restoration management, presentation or study of cultural

property which they hold in ownership or in trust>

“Provided that any non-governmental organisation to be

included in such a register is to obtain the prior approval of

the Minister<”.

Article 8 of the principal Act shall be amended as follows>

(a) in subarticle (1) thereof, immediately after the words

“as defined in the Act.” there shall be inserted the words “The

Agency may also operate a division for conservation, restoration,

research and the training of conservation scientists and

conservators. In order for the Agency to fulfill its functions and

objectives, it is to enter into such agreement with institutions of

education and higher learning, especially the University of Malta

or other local or foreign entities as it may deem appropriate to

ensure academic standards of excellence and to enable it to establish

and run under such agreements academic and vocational courses

in conservation, restoration and the management of cultural

heritage, as well as for the general purpose of providing trained

personnel for the proper scientific tutelage of the cultural heritage.”<

(b) for subarticle (4) thereof, there shall be substituted the

following>

(4) It shall be the function of the Agency>

(a) to ensure that museums, collections, including

reserve collections, sites, buildings and property,

movable or immovable, forming part of the cultural

heritage, owned or administered by it, are conserved,

restored, administered, managed, operated, marketed,

studied, researched and, where applicable, excavated and

presented for exhibition, in the best way possible<

(b) to acquire in property or in trust objects,

collections of objects, sites, buildings for the Museums’

collections, sites and buildings<

(c) to perform or commission, in each case under

the surveillance of the Superintendent, the restoration

or conservation of cultural property owned or otherwise

held or administered by the Agency<

(d) to coordinate with the Malta Tourism

Authority, the Planning Authority and other pertinent

bodies, measures which are deemed necessary so that

objects, sites and buildings, forming part of the cultural

heritage are protected and made accessible through all

necessary conservation, maintenance, restoration,

exhibition and promotion<

(e) to promote public knowledge, education,

appreciation and enjoyment of the cultural heritage<

(f) to consult, in coordination with the

Superintendence, with Local Councils in the preservation

of the cultural heritage in their locality<

(g) to promote and carry out research in the field

of cultural heritage and, subject to the regulatory function

of the Superintendent, to conduct excavations and other

investigations which may be required so that objects or

aspects of cultural heritage be discovered, cared for and

appreciated<

(h) to provide the Superintendent with copies of

documentation of works of restoration and conservation

carried out at or by the Agency, and, where necessary,

the principles, technology and methodology employed.

(i) to act as a national consulting agency for both

the public and private sectors on matters related to

conservation and restoration<

(j) to advise Government, following consultation

with the Superintendence, on a policy of conservation

and restoration which will cover Malta and identify

priority areas and special needs<

(k) to advise on and arrange for the restoration

outside Malta of such artefacts which cannot be restored

locally>

Provided that in respect of objects in private

ownership, the Agency shall only so advise or so make

such arrangements where requested<

(l) to undertake conservation projects in Malta and

abroad and to provide conservation and restoration

project management services to public and private sector

clients in Malta and abroad<

(m) to set up and maintain all necessary systems,

especially conservation databases, required to organise,

plan, co-ordinate, control, monitor and generally

undertake restoration projects of the Agency<

(n) to research and develop restoration project

management methodology<

(o) to set up and maintain diagnostic science and

conservation laboratories<

(p) to set up and maintain a documentation

department charged with the scientific documentation

of conservation projects undertaken by the Agency<

(q) to promote, set up and maintain teaching

facilities for training students to internationally

recognised, professional standards in the arts and

sciences of conservation and restoration<

(r) to promote and co-ordinate the pursuit of

interdisciplinary training at professional, technical and

craftsman levels in all aspects of conservation and

restoration<

(s) to promote and organise teaching and

certification activities within the parameters of the Malta

Professional and Vocational Qualifications Regulations L.N. 215 of 2000.

2000, in such a way as to allow for progression from

vocational to professional levels<

(t) to identify skills required throughout the

cultural heritage sector and the means by which such

skills can be developed while also encouraging and

supporting continuing professional development for

those persons working in all occupations in the sector<

(u) to perform such other functions under this or

any other law as well as such other functions as the

Minister may from time to time assign to it, and generally

to advise the Minister on all matters relating to the

cultural heritage and cultural property.”.

In subarticle (1) of article 9 of the principal Act, for the words Amendment of

article 9 of the

“and a member nominated by the Minister responsible for Gozo” there principal Act.

shall be substituted the words “a member nominated by the Minister

responsible for Gozo, and a member nominated by the Council of the

University of Malta.”

Deletion of article

Article 10 of the principal Act shall be deleted.

10 of the principal

Act.

Article 11 of the principal Act shall be deleted.

Deletion of article

11 of the principal

Act.

Article 14 of the principal Act shall be amended as follows>

(a) paragraph (g) of sub-article (1) thereof shall be deleted

and paragraphs (h), (i) and (j) shall be renumbered as paragraphs

(g), (h) and (i) respectively< and

(b) in paragraph (a) of sub-article (6) thereof, for the words

“articles 7, 8 and 10” there shall be substituted the words “articles

7 and 8”.

Article 34 of the principal Act shall be amended as follows>

(a)

in subarticle (1) thereof -

(i) in paragraph (b) thereof, for the word “two” there

shall be substituted the word “three” and for the words “one

from persons accredited” there shall be substituted the words

“two from persons accredited”<

(ii) in paragraph (c) thereof, for the words

“representative<” there shall be substituted the words

“representative.”< and

(iii) paragraph (d) thereof shall be deleted< and

(b) in subarticle (4) thereof, the words “in the case of a

member appointed by the Centre, request the Centre to appoint

another person to fill the vacancy” shall be deleted.

In subarticle (1) of article 40 of the principal Act, immediately

after the proviso thereto there shall be added the following new proviso>

“Provided further that the right of preference may only be

excercised in any of the following circumstances>

(a) when the cultural property in question is

demonstrably of high cultural value< or

(b) in the case of a potential physical threat to the

cultural property< or

(c) in the case of export or movement resulting in its

removal from national territory< or

(d) to guarantee the accessibility of the cultural

property.”.

Article 41 of the principal Act shall be amended as follows> Amendment

article 41 of the

principal Act.

(a) in subarticle (1) thereof, for the words “or re-export”

there shall be substituted the words “re-export or remove from

Malta, including the territorial waters thereof,”<

(b) for subarticle (3) thereof, there shall be substituted the

following>

“(3) The Superintendent may, in granting permission

for export, re-export or removal from Malta, including the

territorial waters thereof, for a limited period of time and for

the purpose of exhibition, restoration and, or study, impose

guarantees for the return of the cultural property concerned

at such amount as shall be fixed by the Superintendent>

Provided that in the case of export and re-export for a

limited period of time and for the purposes indicated, the

Superintendent may grant such permission without the

payment of duty referred to in sub-article (2) of this article>

Provided further that no guarantee will be required where

the export, re-export and removal from Malta, including the

territorial waters thereof, is by the Agency.”< and

(c) in subarticle (6) thereof, immediately after the words

“proposed to be exported” there shall be inserted the words “or

removed from Malta, including its territorial waters,”.

Article 45 of the principal Act shall be amended as follows> Amendment of

article 45 of the

principal Act.

(a) in subarticle (1) thereof, immediately after the words

“may enter” there shall be inserted the words “or inspect” and

immediately after the words “or building” there shall be inserted

the words “or inspect any goods”< and

(b) in subarticle (2) thereof, immediately after the words

“is taking place”, there shall be inserted the words “is being

contemplated”.

In subarticle (2) of article 53 of the principal Act for the Amendment of

words “his heirs.” there shall be substituted the words “his heirs>”, and article

principal Act.

immediately thereafter there shall be added the following proviso>

“Provided that where the property damaged or destroyed had

been entrusted to or is the property of the Agency, then any amounts

so recoverable shall be passed over by the Superintendent to the

Agency.”.

Immediately after article 56 of the principal Act, there shall

be inserted the following new articles>

57. (1) With effect from the coming into force of this

article all property pertaining to the Centre shall by virtue of

this Act, and without further assurance, be transferred to, and

shall vest in, the Agency under the same title by which it was

of the Centre

held by the Centre immediately before the coming into force

of this article.

(2) Such transfer shall extend to the whole of the

Centre and shall include all plant, lands, works and other

property movable or immovable, assets, powers, rights,

privileges and causes of action held or enjoyed in connection

therewith or appertaining thereto.

58. Subject to the provisions of this Act, all laws, rules,

regulations, orders, judgements, documents, warrants and

working arrangements, subsisting immediately before the

coming into force of this article, affecting the Centre shall

have full force and effect against or in favour of the Agency

and shall be enforceable as fully and effectually as if, instead

of the Centre, the Agency had been named therein or had

been a party thereto, as the case may be.

59. Notwithstanding the other provisions of this Act

or of any other law this article shall regulate the passage of

employees of the Centre to the Agency which passage shall

be made under the following terms and conditions>

(a) all persons employed with the Centre on the

day of the coming into force of this article shall be offered

employment with the Agency upon such terms and

conditions of employment as offered by the Agency to

other employees of the Agency in the same or in similar

grades or upon such terms and conditions as the Agency

may consider to be fair and reasonable due account being

taken of the work performed by such employees and of

the employment conditions prevailing in Malta<

(b) all contracts of employment with the Centre

shall by virtue of this Act and without the necessity of

any further procedure or formality be terminated upon

the coming into force of this article<

(c) all employees whose contract of employment

with the Centre is terminated by virtue of paragraph (b)

above shall be deemed to have been fully compensated

for the termination of their employment with the Centre

by the granting to them of the offer to continue in

employment with the Agency in accordance with

paragraph (a) above and the proviso to this article below

and the said termination of any contract of employment

with the Centre shall not give rise to any further

obligation or liability on the part of the Centre, the

Agency or the Government>

Provided that employees of the Centre –

(i) who were in employment with the Centre

on the day immediately preceding the day of the

entry into force of this article and whose contract

of employment with the Centre was terminated by

virtue of paragraph (b) above< or

(ii) whose contract of employment with the

Centre had been terminated for reasons other than

summary dismissal by the Centre not earlier than

three months prior to the entry into force of this

article, shall not be obliged to undergo any period

of probationary employment upon their

employment with the Agency in accordance with

paragraph (a) above and, for the purposes only of

establishing the length of service of such

employees, their employment with the Centre shall

be deemed to be employment with the Agency.

60. (1) Where anything has been commenced by or

under the authority of the Centre prior to the coming into

force of this article and such thing is in relation to any property

or other rights or obligations of the Centre transferred by or

under this Act, such thing may be carried on and completed

by or under the authority of the Agency.

(2) Where on the day of the coming into force of

this article any legal proceeding is pending to which the Centre

is a party or is entitled to be a party and such proceeding has

reference to any property or other rights or obligations of the

Centre transferred by or under this Act the Agency shall be

substituted in such proceeding for the Centre or shall be

entitled to be so substituted.

(3) The Minister may by order make such

incidental, consequential and supplemental provisions as may

be necessary or expedient for the purpose of securing and

giving full effect to the transfer of the Centre or any right or

obligation to the Agency by or under this Act and may make

such orders as may be necessary to make any powers and

duties exercised by the Centre, in relation to any transferred

property, rights or obligations, exercisable by and on behalf

of the Agency.”.

Passed by the House of Representatives at Sitting No. 292 of 18th July, 2005.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press