ACT No. XIX of 2019 AN ACT to amend the Cultural Heritage Act, Cap. 445, to better regulate the conservation-restoration profession and other cultural service providers, and to make provision with respect to underwater cultural heritage and for purposes connected with the matters

I assent.

(L.S.)

GEORGE VELLA

President

25th June, 2019

ACT No. XIX of 2019

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

regulate the conservation-restoration profession and other cultural

service providers, and to make provision with respect to underwater

cultural heritage and for purposes connected with the matters

aforesaid.

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

(Amendment) Act, 2019, and this Act shall be read and construed as commencement.

one with the Cultural Heritage Act hereinafter referred to as "the Cap. 445.

principal Act".

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

may by notice in the Gazette establish, and different dates may be so

established for different provisions of this Act.

Rate of Export Duty

".

The Arrangement of Act, of the principal Act, shall be

substituted by the following

Articles

Preliminary

1-3

Principles and General Duties

4-6

Constitution, Composition and Functions of Entities

7-14

Administrative and Personnel Provisions

15-17

Financial Provisions

18-28

Conservation Professionals

29-43

Underwater Cultural Heritage

44-48

Protection of Cultural Heritage

49-52

Special Powers of the State

53-68

Religious Cultural Heritage

Offences

70-71

Regulations

Miscellaneous

Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition ''Agency'' there shall

be added the following new definition

'' ''Board'' means the Bord tal-Warrant tar-Restawraturi

established by article 35;'';

(b)

the definition ''Centre'' shall be deleted;

(c) the definition ''conservation'' shall be substituted by

the following

'' ''conservation'' means any activity required to

maximise the endurance and minimise the deterioration of

any cultural property as far as possible, and includes

examining, researching, testing, treating, recording and

preserving any such cultural property or any part thereof;'';

(d) in the definition ''Conservation and Protection Order''

for the words ''in article 47;'' there shall be substituted the words

''in article 63;'';

(e)

the definition ''cultural heritage'' shall be substituted

by the following

'' ''cultural heritage'' means movable or immovable

objects of artistic, architectural, historical, archaeological,

ethnographic, palaeontological and geological importance

and includes information or data relative to cultural

heritage pertaining to Malta or to any other country. This

includes archaeological, palaeontological or geological

sites and deposits, human remains, landscapes, underwater

and sea scapes, groups of buildings, as well as scientific

collections, collections of natural specimens and art

objects, manuscripts, books, published material, archives,

audio-visual material and reproductions of any of the

preceding, or collections of historical value, as well as

intangible cultural assets comprising arts, traditions,

customs and skills employed in the performing arts, in

applied arts and in crafts and other intangible assets which

have a historical, artistic or ethnographic value;'';

(f) immediately after the definition ''cultural heritage''

there shall be added the following new definition

'' ''Department of Government'' shall have the same

meaning assigned to it in the Public Administration Act;''; Cap. 497.

(g) in the definition ''Entities'' the words ''the Centre,''

shall be deleted;

(h) immediately after the definition ''Entities'' there shall

be added the following new definition

'' ''entrustment agreement'' shall have the same

meaning assigned to it in article 51;'';

(i) the definition ''exploration'' shall be substituted by

the following

'' ''exploration'' means an activity on land and in the

territorial seas or in the contiguous zone, carried out with

the intention of discovering new data regarding the cultural

heritage or in the search of discovering new movable or

immovable items of cultural heritage value not yet

documented on the national inventory of cultural

property;'';

(j) immediately after the definition ''exploration'', as

substituted, there shall be added the following new definition

'' ''field investigation" means a limited or detailed

programme, as the case may be, of non-intrusive or

intrusive fieldwork to determine the presence or otherwise

of archaeological features, structures, deposits, artefacts or

ecofacts within a specified area or site on land or

underwater;'';

(k) in the definition ''financial year'' for the words ''in any

year:'' there shall be substituted the words ''in any year;'' and the

proviso thereof shall be deleted;

(l) in the definition ''Forum'' for the words ''in article

15;'' there shall be substituted the words ''in article 14;'';

(m) the definition ''Fund'' shall be substituted by the

following

'' ''Fund'' means the

Cultural

Heritage

Fund

established by article 13;'';

(n) immediately after the definition ''Fund'' there shall be

added the following new definitions

'' ''Government agency'' shall have the same meaning

assigned to it in the Public Administration Act;

''Government entity'' shall have the meaning assigned

to it in the Public Administration Act;'';

(o) in the definition ''guardianship'' and ''guardianship

deed'' for the words ''in article 48'' there shall be substituted the

words ''in article 64;'';

(p) immediately after the definition ''guardianship'' and

''guardianship deed'' there shall be added the following new

definitions

'' ''Heritage skills'' shall include, but shall not be

limited to, those skills, aptitudes and competences

necessary for the completion of a specific work in the

sphere of cultural heritage. These skills include the

application of a heritage trade or craft, knowledge, custom,

art, technique and skill as have been developed and

safeguarded, whether through tradition or instruction, and

having a conservation context;

''holder of cultural property'' shall mean the person

physically holding a cultural object on behalf of third

parties;'';

(q) immediately after the definition ''integrated

conservation'' there shall be added the following new definitions

'' ''intrusive object'' means an object which is attached

to the remains of a ship, to a natural topographic feature or

to the subsoil of the sea-bed;

''inventory'' means a list with associated information

of cultural property which can be subsumed in the national

inventory

Provided that the national inventory shall mean

that list with associated information of cultural property as

established under article 7(5);";

(r) immediately after the definition ''holder'' there shall

be added the following new definition

'' ''landscape'' means an area, as perceived by people,

whose character is the result of the action and interaction

of natural and, or of human factors;'';

(s)

the definition ''holder'' shall be deleted;

(t) immediately after the definition ''mission'' there shall

be added the following new definition

'' ''monitor'' means a person accredited and duly

authorised by, and working under the instructions of the

Superintendence of Cultural Heritage to carry out

monitoring activities and the term ''monitoring'' shall refer

to an accredited person performing this task;'';

(u) in the definition ''museum'' the word ''documentates''

shall be substituted by the word ''documents'';

(v) immediately after the definition ''museum'' there shall

be added the following new definition

'' ''Non-Government Organisation" means any

voluntary organisation the objective of which is the

promotion of cultural heritage and may include the

conservation, restoration, management, presentation and,

or study of cultural property and which has been duly

provided with a certificate of enrolment by the

Commission of Voluntary Organisations under the

Voluntary Organisations Act;'';

(w) immediately after the definition ''officer'' there shall

be added the following new definition

'' ''Perit'' shall have the same meaning assigned to it in

the Periti Act;'';

(x) immediately after the definition ''prescribed'' there

shall be added the following new definitions

'' ''protected zone'' means an area in respect of which

a Government Notice is in force and any area by which the

aforementioned area is extended by a notice that is in force

under this Act and includes the airspace above such an area

and any waters, sea-bed and subsoil included in such an

area;

''public collections'' means collections of cultural

objects which are the property of the Government of Malta,

government entities, authorities, corporations, government

foundations and associations;'';

(y) in the definition ''right of preference'' for the words

''with article 40;'' there shall be substituted the words ''with

article 55;'';

(z) immediately after the definition ''right of preference''

there shall be added the following new definitions

'' ''semi-public collections'' means collections of

cultural objects which are not directly owned by

Government but such collections shall be subject to the

obligations applicable to public collections in accordance

with the provisions of this Act;

''scheduled buildings'' shall have the same meaning

assigned to it in the Development Planning Act;

''ship'' includes any vessel used in navigation by

water, including a submarine;'';

(aa) immediately after the definition ''surveillance'' there

shall be added the following new definition

'' ''survey'' means the use of non-intrusive and non-

destructive techniques to determine the presence or

absence of anomalies resulting from archaeological

features, structures or deposits, within a specified area or

site on land or underwater. For the purposes of this Act,

survey includes any activity designed to examine and

record an area or features thereof so as to describe and

gather data in written, measured or graphic form;'';

(bb) in the definition ''suspension notice'' for the words ''in

article 46'' there shall be substituted the words ''in article 62'';

(cc) immediately after the definition ''territorial waters''

there shall be added the following new definition

'' ''Underwater Cultural Heritage" means all traces of

human existence having a cultural, historical or

archaeological character which have been partially or

totally under water, periodically or continuously, for at

least fifty years and which are related to Malta such as, but

not limited to

(i) sites, structures, buildings, artefacts and

human remains, together with their archaeological

and natural context;

(ii) vessels, aircraft, other vehicles or any

part thereof, their cargo or other contents, together

with their archaeological and natural context; and

(iii) objects of prehistoric character

Provided that Underwater Cultural

Heritage shall not include pipelines, cables and

installations placed on the seabed and still in use

Provided further that the Underwater

Cultural Heritage removed from waters shall include

a reference to the remains of a ship, to part of the

remains of a ship, to an object or part thereof, as the

case may be

(a)

having been washed away from those

waters;

(b) having been removed, or washed away,

from the seabed, or the subsoil of the seabed, beneath

those waters; or

(c) having been removed, or washed away,

from a natural topographic feature in those waters;''.

In sub-article (4) of article 4 of the principal Act, for the word

''documentate'' there shall be substituted the word ''document''.

Article 7 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof, for the word ''fulfil'' there

shall be substituted the word ''fulfill'';

(b) paragraph (a) of sub-article (5) including sub-

paragraphs (i) to (iv) thereof, shall be substituted by the

following

''(a) to act as a national repository for the national

inventory of cultural heritage which function will include

the right to establish, update, manage and, where

appropriate, publish, or to ensure the compilation of a

national inventory of cultural property as stipulated in

article 53;'';

(c) paragraph (b) of sub-article (5) thereof, shall be

substituted by the following

''(b) to exercise surveillance over the protection,

excavation, monitoring, exploration, conservation,

restoration, maintenance, exhibition and accessibility,

import, export and movement of cultural property;'';

(d) in paragraph (c) of sub-article (5) thereof,

immediately after the words ''to promote'' there shall be added

the words ''and conduct'';

(e) in paragraph (f) of sub-article (5) thereof, for the

words ''and sites;'' there shall be substituted the words ''and sites

and to maintain all necessary databases and information derived

from or required to organise, plan, co-ordinate, and monitor

restoration and conservation projects;'';

(f) in paragraph (i) of sub-article (5) thereof, for the

words ''with article 42'' there shall be substituted the words ''with

article 57''; and

(g) in paragraph (k) of sub-article (5) thereof, for the

words ''assign to it.'' there shall be substituted the words ''assign

to it;'' and immediately thereafter there shall be added the

following new paragraphs

''(l) to advise Government, in consultation with the

Committee and the Agency and other relevant bodies, on a

policy of conservation and restoration;

(m) to accredit for the purposes of this Act non-

governmental organisations established to promote cultural

heritage, including the conservation, restoration,

management, presentation or study of cultural property

which they hold in ownership or in trust, and to compile,

maintain and regularly update a register of such non-

governmental organisations

Provided

that

any

non-governmental

organisation to be included in such a register is to obtain

the prior approval of the Minister;

(n) to advise the Minister, after discussion with the

Committee, regarding the entrustment of items of cultural

heritage property to other cultural entities, cultural non-

government organisations and local councils, according to

conditions and terms stipulated in entrustment agreements;

(o) without prejudice to the intellectual rights of

stakeholder institutions and of individual researchers, to

make publicly accessible through publication and

dissemination the results of research and investigations

carried out by the Superintendence or by other persons

under its authority;

(p) to undertake research and consult Government

departments, private organisations and international

organisations and other persons as may be required in the

discharge of its duties under this Act; and

(q) to appoint and accredit monitors and experts as

necessary for the purposes of this Act.''.

Sub-article (4) of article 8 of the principal Act shall be Amendment of

article 8 of the

amended as follows

principal Act.

(a) paragraph (a) thereof, shall be substituted by the

following

''(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) in paragraph (c) thereof, for the words ''administered

by it'' there shall be substituted the words ''administered by the

Agency;'';

(c) in paragraph (f) thereof, for the words "locality; and"

there shall be substituted the words "locality;";

(d) paragraph (g) thereof, shall be substituted by the

following

"(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;"; and

(e) immediately after paragraph (g), as substituted, there

shall be added the following new paragraphs

''(h) to provide access to the Superintendent to

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 on

matters related to conservation and restoration and any

such matters related to its functions;

(j) when so required, to advise Government,

following consultation with the Superintendence and the

Committee, on a policy of conservation and restoration

which will cover Malta and identify priority areas and

special needs;

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

especially conservation databases, required to organise,

document, plan, co-ordinate, control, monitor and

generally undertake restoration projects of the Agency;

(l) to set up and maintain diagnostic science and

conservation laboratories fully equipped for the purpose of

fulfilling its functions;

(m) to enter into management agreements with

entities and bodies for the management of cultural property;

and

(n) 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.''.

Article 10 of the principal Act shall be deleted.

Deletion of

article 10 of the

principal Act.

Article 11 of the principal Act shall be deleted.

Deletion of

article 11 of the

principal Act.

Article 12 of the principal Act shall be renumbered as article Amendment of

article 12 of the

10 and sub-article (3) thereof, shall be substituted by the following

principal Act.

''(3) In the exercise of their functions under this Act, the

Superintendence and the Agency shall

(a) give effect, as soon as practicable, to any

direction, not inconsistent with any provision of this Act

which the Minister may give to the Superintendence and

the Agency in relation to the policy to be followed by them

in the discharge of their functions, and in relation to any

matter which appears to the Minister to affect the cultural

heritage;

(b) afford to the Minister facilities for obtaining

any information with regard to the property and activities

of the Superintendence and the Agency and for this

purpose the Superintendence and the Agency shall each

furnish the Minister with returns, accounts and other

information with respect to its functions, and afford

facilities for the verification of any information furnished,

in such manner and at such times as the Minister may

require.".

Article 13 of the principal Act shall be renumbered as article Amendment of

11 and for the words ''The Superintendence, the Agency and the article

principal Act.

Centre'' there shall be substituted the words ''The Superintendence and

the Agency''.

Article 14 of the principal Act shall be renumbered as article

12 and shall be amended as follows

(a) sub-article (1) thereof shall be substituted by the

following

"(1) There shall be a Committee of Guarantee,

which shall be composed as follows

(a)

a Chairperson appointed by the Minister;

(b) a person appointed by the Minister

responsible for tourism;

(c) a person appointed by the Minister

responsible for Gozo;

(d) a person appointed by the Minister

responsible for government property;

(e)

the Superintendent ex officio;

(f)

the Chairperson of the Agency ex officio;

(g) the Chairperson

of

the

Planning

Authority ex officio;

(h) the Chairperson of the Environment and

Resources Authority ex officio;

(i) the

Director

of

the

Restoration

Directorate;

(j) a member of the Catholic Cultural

Heritage Commission referred to in article 69

appointed by the competent local ecclesiastical

authority; and

(k) three other persons appointed by the

Minister from amongst persons working in the field

of cultural heritage and in non-Governmental

organizations dedicated to cultural heritage, and

another person active in the commercial sector.''; and

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

words ''under articles 7, 8 and 10;'' there shall be substituted the

words ''under articles 7 and 8;''.

Article 15 of the principal Act shall be renumbered as article Renumbering of

article 15 of the

principal Act.

13. Article 16 of the principal Act shall be renumbered as article Amendment of

article 16 of the

14 and shall be amended as follows

principal Act.

(a) in sub-article (1) thereof, the words ''the Centre,''

shall be deleted; and

(b) in sub-article (5) thereof, the words ''of Guarantee''

shall be deleted.

Article 17 of the principal Act shall be renumbered as article Amendment of

15 and in sub-article (1) thereof, the words ''by the Chairperson of the article

17 of the

principal Act.

Board of Governors in the case of the Centre,'' shall be deleted.

Article 18 of the principal Act shall be renumbered as article Renumbering of

article 18 of the

principal Act.

16. Article 19 of the principal Act shall be renumbered as article Amendment of

17 and in sub-article (1) thereof, for the words ''of article 18'' there article

19 of the

principal Act.

shall be substituted the words ''of article 16''.

Article 20 of the principal Act shall be renumbered as article Amendment of

18 and in the marginal note thereof, for the word ''mett'' there shall be article

20 of the

principal Act.

substituted the word ''meet''.

Article 21 of the principal Act shall be renumbered as article Amendment of

19 and the words ''one hundred and sixteen thousand and four hundred article

21 of the

principal Act.

and sixty-eight euro and sixty-seven cents (116,468.67)'' shall be

substituted by the words ''two hundred and fifty thousand euro

(250,000)''.

Articles 22, 23 and 24 of the principal Act shall be Renumbering of

articles 22, 23

renumbered as articles 20, 21 and 22 respectively.

and 24 of the

principal Act.

Article 25 of the principal Act shall be renumbered as article Amendment of

23 and in sub-article (1) thereof, for the words ''article 24.'' there shall article

25 of the

principal Act.

be substituted the words ''article 22.''.

Article 26 of the principal Act shall be renumbered as article Renumbering of

article 26 of the

L-artikolu 27 tal-Att prinċipali għandu jiġi enumerat mill- Emenda tal-

artikolu 27 tal-

ġdid bħala l-artikolu 25 u għandu jiġi emendat kif ġej

Att prinċipali.

(a) fis-subartikolu (3) tiegħu, minflok il-kliem ''taħt l-

artikolu 24,'' għandhom jidħlu l-kliem ''taħt l-artikolu 22,''; u

(b) fis-subartikolu (4) tiegħu, minflok il-kliem ''taħt l-

artikolu 24(5).'' għandhom jidħlu l-kliem ''taħt l-artikolu 22(5).''.

L-artikolu 28 tal-Att prinċipali għandu jiġi enumerat mill-

ġdid bħala l-artikolu 26.

principal Act.

22. Article 27 of the principal Act shall be renumbered as article Amendment of

article 27 of the

25 and shall be amended as follows

principal Act.

(a) in sub-article (3) thereof, for the words ''under article

24,'' there shall be substituted the words ''under article 22,''; and

(b) in sub-article (4) thereof, for the words ''under article

24(5).'' there shall be substituted the words ''under article 22

23. Article 28 of the principal Act shall be renumbered as article

24. Article 29 of the principal Act shall be substituted by the

Each Entity shall abide by the public

procurement regulations.''.

25. Article 30 of the principal Act shall be substituted by the

Each Entity shall, not later than eight weeks

after the end of each financial year, make and transmit

to the Minister and to the Minister responsible for

finance a report dealing generally with its activities

during that financial year and containing such

information relating to its proceedings and policy as

either of the said Ministers may from time to time

require. The Minister shall cause a copy of every such

report to be laid on the Table of the House together

with the estimates as provided for in article 22.''.

26. Article 31 of the principal Act shall be substituted by the

(1) No person shall exercise the profession

of conservator-restorer unless he is the holder of a

warrant under article 31.

(2) A person shall not qualify for the award of

warrant unless –

(a) he is a citizen of Malta, or of another

Member State of the European Union, or of a

country in the European Economic Area, or is

otherwise permitted to work in Malta under any

law;

(b)

he is of good conduct and repute;

(c)

he is of full legal capacity; and

(d)

he satisfies the Board that –

(i) he is in possession of academic

qualifications obtained after successful

completion of studies at tertiary level, of a

duration, in aggregate, of at least five years

full-time, or equivalent part-time duration,

including a degree course of at least two

years full-time duration in conservation-

restoration

at

Malta

Qualification

Framework Level 7 or equivalent as offered

by such university or academic institution

as may be recognised by the Board

established in article 35

Provided that the qualification

of a Bachelor in Conservation and

Restoration Studies (Honours) by the

University of Malta between the years 2003

and 2014 shall be considered, for the

purposes of this Part of the Act, as

satisfying the requirement for qualifications

in terms of this sub-paragraph

Provided further that in the case

of individuals trained in conservation-

restoration in other countries wherein the

training offered does not lead to the level of

academic qualifications referred to in this

sub-paragraph, the individual concerned

must present this information, together with

all evidence of any conservation-restoration

training or apprenticeships undertaken by

the individual to the Board, and it shall be

within the discretion of the Board to assess

whether the individual has reached an

adequate level of training in conservation-

restoration; and

(ii) for a period of not less than two

years after obtaining the academic

qualifications referred to in sub-paragraph

(i), he has carried out conservation-

restoration practice under the supervision

of a warranted Conservator-Restorer, in

accordance with the guidelines issued by

the Board, or with any such body

recognised by the Board for such purpose

Provided that for the first five

years following the coming into force of

this Part of the Act, the conservation-

restoration practice may be carried out

under the supervision of a person or

persons who in the opinion of the Board

have academic preparation as defined in

article 29(2)(d)(i) and have previously

practised in conservation-restoration for at

least five years; and

(iii) he has been duly assessed by the

Board in an appraisal for the purpose after

submitting evidence of academic training

and a portfolio of his work to the Board, as

the Board may establish in its own

procedures

Provided that where the

duration of the course of study leading to

academic qualifications is less than the

duration stipulated in sub-paragraph (i), or

when the conservation-restoration practice

is less than the requirement of two years as

provided in sub-paragraph (ii), where the

applicant is a national of another Member

State of the European Union or of the

European Economic Area, the Board may

require him to undertake an adaptation

period or an aptitude test in conformity

with the provisions of the Mutual

Recognition of Qualifications Act

Provided further that where the

academic qualifications referred to in sub-

paragraph (i) are obtained after full-time

academic

courses

in

conservation-

restoration of a duration in the aggregate of

at least seven years, up to a European

Qualifications Framework level 7 or above

and which contain such level of practical

training as may be approved by the Board,

the condition for supervised training may

be deemed to have been fulfilled.''.

27. Article 32 of the principal Act shall be substituted by the

Substitution of

article 32 of the

principal Act.

Notwithstanding the provisions of article 29, a

person may be granted a warrant if he

(a) possesses the requirements listed in

article 29(2)(a), (b) and (c); and

(b) has, prior to the coming into force of

these amendments, practiced as a Conservator-

Restorer in Malta or in another Member State of

the European Union or of the European

Economic Area for a period of not less than

twenty years; and

(c) satisfies the Board that he is of the

required competence and academic ability, based

on an examination of the portfolio, together with

an interview and a presentation of any academic

or professional qualifications.''.

28. Article 33 of the principal Act shall be substituted by the Substitution of

article 33 of the

principal Act.

(1) The warrant to practice the profession of

Conservator-Restorer shall be granted by the Minister

on the recommendation of the Board and shall be

signed by the Minister and the Chairperson of the

Board, to any person who satisfies the requirements of

articles 29 and 30. A decision shall be taken within six

months

Provided that the Board may, for justified

reasons, extend the six months period by notice in

writing informing the applicant of such an extension.

(2) A warrant holder may use the designation

Conservator-Restorer with his name.

(3) A person holding a warrant issued in

accordance with this article shall, in addition, hold one

or more certificates issued by the Board (hereinafter in

this Act referred to as "a practising certificate") to

practise in named fields of Conservation-Restoration as

may be prescribed by the Minister, and shall not

practice in such fields unless he holds the relative

practising certificate.

(4) Every warrant holder shall perform a

minimum of twenty (20) hours of continued

professional development per year

Provided that if the warrant holder does not

perform the number of hours established, the Board

shall suspend the warrant until such time as the person

shows to the satisfaction of the Board that the

requirement of continued professional development has

been met.''.

29. Article 33A of the principal Act shall be substituted by the

(1) The Board shall recognise the registers,

lists and directories kept by other warranting boards

which grant warrants to persons that work with

Conservator-Restorers. Persons listed in such registers,

lists and directories shall be referred to as ''listed

persons''.

(2) The Board may register a person as having one

or more Heritage Skills

Provided that the Board is satisfied that the

person who applies to be so registered is suitably

trained or experienced and is eligible to qualify and be

registered as having a Heritage Skill in accordance

with the provisions of this Act.

(3) Persons registered as having a Heritage Skill

shall not carry out conservation-restoration work on

cultural heritage outside their field of expertise

Provided that persons registered as having a

Heritage Skill must only practice under the supervision

of a warranted Conservator-Restorer when working on

cultural heritage.

(4) The provisions of this article shall not affect

contracts, projects and works that have commenced

before the coming into force of these amendments but

shall apply to all contracts or works and projects that

will commence after the coming into force of these

amendments.''.

30. Immediately after article 32 of the principal Act as

substituted, there shall be added the following new articles

(1) Without prejudice to the Mutual

Recognition of Qualifications Act and notwithstanding

the provisions of article 29 and 30, any person

established in another Member State may practise the

profession of a Conservator-Restorer in Malta on a

temporary and occasional basis provided that such

person

(a) is legally established in another

Member State for the purpose of practising the

profession of Conservator-Restorer in that

Member State; and

(b) has pursued the profession of

Conservator-Restorer for at least one year during

the ten years immediately preceding the

provision of services where the profession of

Conservator-Restorer is not regulated in that

Member State.

(2) Persons referred to in sub-article (1) shall

inform the Board by means of a written declaration to

be made in advance, which declaration shall include

the following

(a) details of an insurance cover or other

means of personal or collective protection

relative to professional liability. This declaration

shall be made once a year if the service provider

intends to provide temporary or occasional

services during the year;

(b) proof of the nationality of the service

provider;

(c) an attestation certifying that the

Conservator-Restorer is legally established in a

Member State for the purpose of pursuing the

activities concerned and that he is not prohibited

from practising the profession of a Conservator-

Restorer even temporarily, at the moment of

delivering the attestations;

(d) evidence of professional qualifica-

tions; and

(e) where applicable, any means of proof

that the Conservator-Restorer has practised the

profession of Conservator-Restorer for at least

one year during the previous ten years

immediately preceding the provision of services.

(3) Without prejudice to the Mutual Recognition

of Qualifications Act and notwithstanding the

provisions of article 29, the person applying for a

temporary warrant shall be required to submit a

declaration in accordance with sub-article (2) and the

Board shall determine whether that person shall be

given access to the profession of a Conservator-

Restorer or to exercise that activity in the entire

territory of Malta.

(4) The Board shall determine the temporary

nature and occasional nature of the practice of the

conservation-restoration services on a case by case

basis

Provided that in all cases, the Board shall

establish the duration of the temporary provision of the

service.

(5) A person practising as Conservator-Restorer

under this article shall be deemed to be a temporary

warrant holder and the provisions of this Act and of

any other applicable law shall apply to him in the same

manner and to the same extent as with any other

warrant holder.

(1) Third

country

nationals

legally

established in Malta wishing to practise as a

Conservator-Restorer or to practise a Heritage Skill

shall apply to the Board and shall be duly assessed by

the Board.

(2) The Board shall use the criteria established in

article 29 to assess the individual so applying under

this article, which shall include giving the individual

the opportunity to show, in particular by means of an

aptitude test, that he possesses the necessary

knowledge or competence.

(3) A person applying under this article may be

granted a temporary or permanent warrant as

Conservator-Restorer or registration as a person having

a Heritage Skill, as the case may be, and as the Board

shall deem fit after having assessed the person’s

application.''.

31. Article 34 of the principal Act shall be substituted by the Substitution of

article 34 of the

principal Act.

(1) There shall be a Board, to be known as

the Bord tal-Warrant tar-Restawraturi which shall

consist of

(a) one person to be appointed from

among persons who are or have been qualified to

be appointed judges in Malta;

(b) three members appointed from among

persons who in the opinion of the Minister have

the necessary knowledge and experience and of

whom one shall be from among the resident

academic staff of the University of Malta and

another shall be from among academic staff of

the Malta College of Arts Science and

Technology;

(c) the

Superintendent

or

his

representative ex officio; and

(d) two

practising

warranted

Conservator-Restorers not being

temporary

warrant holders

Provided that for the first year from the

coming into force of these amendments, the Board

shall be composed of the persons i ndicated in

paragraphs (a), (b) and (c), while paragraph (d) shall

come into force one year after the coming into force of

this provision from which date the Board shall be

composed of the persons indicated in paragraphs (a) to

(d)

Provided further that the Minister shall

appoint one person from those listed in paragraphs (a)

and (b) as Chairperson of the Board.

(2) The Chairperson and members of the Board

shall be appointed by the Minister and shall hold office

for such term, not exceeding three years, and under

such conditions as may be set out in the letter of

appointment

Provided that on the expiration of the term for

which a person is appointed under this sub-article, the

Chairperson and the members may be reappointed for a

further term.

(3) Save as aforesaid, the Board may make its

own rules and shall regulate its own procedures.

(4) In carrying its functions, the Board shall

utilize the funds that may be allocated to the Board

from time to time by the Minister for Finance.

(5) Where any vacancy in the Board occurs, the

Minister shall as soon as practicable, appoint another

person to fill the vacancy. If the vacancy arises in the

post of Chairperson, the Minister may appoint any

other member of the Board from those listed in

paragraphs (a) and (b) above to fill the position of

Chairperson.

(6) The number of members necessary to form a

quorum shall be three, but, subject to the presence of a

quorum, the Board may act notwithstanding any

vacancy amongst its members.

(7) The Minister may also delegate a public

officer to act as secretary to the Board, and such

secretary shall not have a vote.''.

32. Immediately after article 35 of the principal Act as substituted

there shall be added the following new articles

(1) Written and signed complaints against

warrant holders, practising certificate holders and

persons having a Heritage Skill on breaches of the code

of ethics, shall be submitted to the Board.

(2) In exercising its functions under this article,

the Board shall regulate its own procedure.

(3) The Board shall investigate the complaint in

camera and the proceedings shall be considered as

confidential.

(4) If the Board concludes that the warrant holder,

practising certificate holder or the person registered as

having a Heritage Skill has breached the code of ethics,

the Board may issue a warning to the warrant holder,

practising certificate holder or the person having a

Heritage Skill or recommend to the Minister the

suspension, cancellation or revocation of the warrant,

practising certificate or registration as the case may be

Provided that the decision of the Board shall

be notified only to the warrant holder, practising

certificate holder or the person registered having a

Heritage Skill.

(5) Appeals against a finding of the Board in

terms of this article shall be lodged before the

Conservation-Restoration (Appeals) Board set up in

terms of article 37 within twenty days from the

notification of the decision of the Board.

(6) Where a warrant, practising certificate or

registration has been suspended for more than one year,

the suspension may be lifted by the Board at any time

after the expiration of one year if it is shown to the

satisfaction of the Board that there has been a change in

circumstances which justifies such lifting.

(1) The Conservation-Restoration (Appeals)

Board shall consist of a chairperson and three other

members that shall be appointed by the Minister from

amongst persons of known integrity, competence and

experience

Provided that at least one of the members of

the Board shall be a person who has practised as an

advocate in Malta for a period or periods amounting, in

the aggregate, to not less than twelve years.

(2) The members of the Conservation-Restoration

(Appeals) Board shall hold office for a period of three

years, and shall be eligible for reappointment.

(3) The Minister may also appoint a substitute

chairperson and substitute members of the

Conservation-Restoration (Appeals) Board to sit on the

said Board whenever the chairperson or members or

any one of them is for some valid reason unable

temporarily to attend and participate in the sittings of

the said Board

Provided that, as far as practicable, the same

chairperson and the same members shall hear and

conclude the same case.

(4) A member of the Conservation-Restoration

(Appeals) Board may only be removed from office by

the Minister on the grounds of gross negligence,

incompetence, or acts, omissions or conduct

unbecoming a member of the Conservation-Restoration

(Appeals) Board.

(5) The

Conservation-Restoration

(Appeals)

Board shall have power to hear and determine appeals

on both facts and points of law against a decision or

recommendation of the Board made in accordance with

article 36.

(6) The sittings of the Conservation-Restoration

(Appeals) Board shall be held in camera.

(7) In the exercise of its function the

Conservation-Restoration (Appeals) Board shall have

all the powers as are assigned to the First Hall of the

Civil Code by the Code of Organization and Civil

Procedure.

(8) Three members of the Conservation-

Restoration (Appeals) Board shall constitute a quorum

in its meetings.

(9) The decisions of the Conservation-Restoration

(Appeals) Board shall be final.

(1) A decision of the Board under articles

31, 32, 33, 34 and 40(1) shall be subject to appeal

before the Court of Appeal constituted as provided in

article 41 of the Code of Organization and Civil

Procedure.

(2) The appeal shall be filed within twenty days

from the notification of the decision of the Board to the

applicant or warrant holder, practising certificate

holder or person registered as having a Heritage Skill.

(3) The Minister responsible for justice may make

regulations prescribing the fees that shall be payable in

the registry of the courts in connection with appeals

under this article

Provided that until such time as fees are so

prescribed by the Minister responsible for justice, the

fees payable with respect to appeals to that Court shall

be the fees applicable to the Court of Magistrates

(Malta).''.

33. The current article 35 of the principal Act shall be substituted Substitution of

article 35 of the

by the following

principal Act.

(1)

The functions of the Board are to –

(a) consider applications for the issue of

a warrant under this Part, and make its

recommendations thereon to the Minister;

(b) to organise, regulate and determine

requests made under special circumstances in

accordance with article 30 and under other

circumstances in accordance with articles 33 and

34;

(c) keep a list of universities and

academic institutions and degree programmes for

the purposes of article 29;

(d) review the academic qualifications

and assess the practical training undertaken by an

individual who has trained in a foreign

jurisdiction in accordance with the provisions of

article 29(2)(d)(i);

(e) establish the minimum core subjects

in the field of conservation-restoration which an

applicant for a warrant must be knowledgeable

in;

(f) organise and regulate the appropriate

aptitude tests and adaptation periods as provided

in this Act;

(g) consider and determine applications

for new practising certificates in terms of article

31(3) and for the registration of persons having a

Heritage Skill in terms of article 32;

(h) draw up a code of ethics and

guidelines of practice for warrant holders and

persons registered as having Heritage Skills;

(i) draw up guidelines to be used by the

Board in determining cases arising in terms of

article 40;

(j) determine cases of professional

misconduct and other disciplinary proceedings in

respect of individuals holding warrants and

practising certificates, temporary warrants,

persons registered as having a Heritage Skill,

including cases leading to the suspension or

withdrawal of any warrant, or holders of a

practising certificate or registration of a Heritage

Skill issued under this Act;

(k) draw up guidelines establishing the

manner in which persons having a Heritage Skill

shall be assessed and registered as such;

(l) assess professional associations for

recognition in terms of article 42;

(m) establish the criteria for the

acceptance of programmes of continued

professional training and development for

warrant holders and holders of practising

certificates; and

(n) advise the Minister in connection

with any matter relating to the profession of

Conservators-Restorers and to Heritage Skills.

(2) In the exercise of its functions the Board may

consult with such persons as it may deem appropriate

and may also appoint committees or experts, of which

the Chairperson of the Board or his delegate shall be

the Chairperson of such committee, for the carrying out

of such duties or other work as the Board may assign to

them.

(3) The Board shall keep a register of warrant

holders, indicating with respect to each person

registered therein the work for which they hold a

practising certificate or certificates, and shall, not later

than three months after the end of each year, publish in

the Gazette a list of persons who, on the 31st December

of the said year, were registered as holders of a warrant

issued under this Act, and what practising certificates

they hold.

(4) The Board shall keep a register of persons

having a Heritage Skill under this Act, indicating with

respect to each person registered therein the work,

intervention or procedure for which such person is

registered, and shall not later than three months after

the end of each year, publish in the Gazette a list of

persons who, on the 31st December of the said year,

were so registered, indicating with respect to each

person the work, intervention or procedure for which

he is registered.

(5) The Board shall keep a register of persons

holding temporary warrants and registered to practise a

Heritage Skill and shall not later than three months

after the end of each year, publish in the Government

Gazette a list of persons who, on the 31st December of

the said year, were so registered.''.

34. The current article 36 of the principal Act shall be substituted Substitution of

article 36 of the

by the following

principal Act.

(1) The Minister upon advice of the Board

may, by order in writing, suspend, revoke or cancel a

warrant, practising certificate, or registration, as

applicable, if the person

(a) has, following an enquiry by the

Board, been found guilty, of any of the following

acts or omissions

(i) dishonesty, serious misconduct

or gross negligence in the exercise of his

profession;

(ii) acted in violation of any

provision of this Act, regulation or directive

issued in accordance with this Act;

(iii) failure

to

comply

with

regulations or directives with respect to

professional standards, practices or

integrity;

(iv) conduct that goes against the

code of ethics and guidelines for practice in

terms of this Act;

(v) failure to comply with any

condition attached to a warrant, or

practising certificate, or registration issued

under this Act;

(vi) grievous conduct discreditable

to the profession;

(vii) obtaining

a

warrant

or

practising certificate or registration in a

deceitful or fraudulent manner;

(viii) the existence of material

circumstances which, if the warrant or

practising certificate had not been issued,

would disqualify such person from

obtaining a warrant or practising certificate;

or

(b)

has been found guilty by a court of

law

(i) of an offence under the

provisions of this Act or any regulations

made thereunder; or

(ii) of a crime affecting public trust

or of theft or of fraud or of knowingly

receiving property obtained by theft or

fraud or, as the case may be, of a crime

punishable by a term of imprisonment

exceeding one year.

(2) Without prejudice to the provisions of sub-

article (1)

(a) a warrant may be surrendered to the

Minister by the warrant holder;

(b) a practising certificate may be

surrendered to the Minister by the practising

certificate holder;

(c) a registration as a person having a

Heritage Skill may be surrendered to the Minister

by the person so registered.''.

35. The current article 37 of the principal Act shall be substituted

by the following

(1) Where a warrant and, or practising

certificate or registration under this Act is revoked or

cancelled, the person concerned shall cease to be a

holder of such warrant and, or any practising

certificate, or registration.

(2) If the warrant and, or practising certificate or

registration is suspended, the holder or registered

person shall cease to exercise the profession and, or

provide the skill during the period of suspension.''.

36. The current article 38 of the principal Act shall be substituted Substitution of

article 38 of the

by the following

principal Act.

(1) The

Minister

may,

on

the

recommendation of the Board, recognise any local

professional association of Conservators-Restorers as

an approved body for the purposes of this Act if the

Board is satisfied, among such other matters as may be

prescribed, that the educational and professional

qualifications demanded by such association for

membership conform to those established under this

Act and that such membership is open to all persons

having such qualifications.

(2) Such recognition shall be subject to any such

conditions as the Minister may, on the recommendation

of the Board, in granting recognition, impose or as he

may from time to time prescribe and if at any time any

of the conditions as aforesaid, or any of the provisions

as contained therein or as prescribed, is not observed or

fulfilled, or there is a material change in the

circumstances under which the recognition was

granted, the Minister may, on the recommendation of

the Board, suspend or withdraw the recognition.

(3) The approved body shall keep a register of its

members and shall enter therein the names of all

persons who qualify for such membership. The said

register shall be kept in such manner as may be

prescribed.''.

37. The current article 39 of the principal Act shall be Amendment of

renumbered as article 43 and the words ''in article 34'' in sub-article (1) article

principal Act.

thereof shall be substituted by the words ''in article 35''.

38. Immediately after article 43 of the principal Act, as

renumbered, there shall be added the following new Part and articles

''PART VII

Underwater Cultural Heritage

(1) The Superintendent may, by a notice in

the Gazette, declare remains found on the seabed that

are situated in the territorial waters of Malta and are at

least fifty years old as Underwater Cultural Heritage.

(2) Whenever the Superintendent is of the opinion

that the remains that are situated in the territorial

waters are of cultural and historic significance, the

Superintendent may, by notice in the Gazette, declare

those remains to be a historic shipwreck and, or an

underwater archaeological site.

(3) Where the Superintendent is of the opinion

that a particular object associated with a ship situated

in the territorial waters is of historic significance, the

Superintendent may, by notice published in the

Gazette, declare the object to be a historic object.

(4) The Superintendent may make a declaration

under sub-articles (2) and (3) in relation to any part of

the remains of a ship, aircraft or underwater

archaeological site, or in relation to any object situated

in or that has been removed from the territorial waters.

(5) When a declaration has been made in

accordance with this article in relation to the remains of

a ship, aircraft or any other underwater archaeological

site or an object situated in the territorial waters and

after such declaration is issued, any part of those

remains or that object is removed from the territorial

waters, the declaration will continue to apply, subject

to any amendment or revocation of the declaration, in

relation to that part of those remains or in relation to

that object notwithstanding its removal from those

waters.

For the purpose of this Act, the

Superintendent may, by notice published in the

Gazette, declare an area of sea or partly of sea and

partly of land within which Underwater Cultural

Heritage is situated to be a protected zone.

(1) The Superintendent may, in relation to a

person who has possession, custody or control of an

object being or forming part of, a historic shipwreck,

an underwater archaeological site or being a historic

object, for the purpose of

(a)

the preservation of the object;

(b) the placement of the object with a

collection of articles that has been or is yet to be

established; or

(c) the exhibition thereof, or the

provision of access to the object, whether or not

the object forms part of a collection of objects,

by notice in writing require the person to take such

action in relation to the object as is specified in the

notice.

(2)

The action that a person may be required to

take in relation to an article in accordance with sub-

article (1) includes but is not limited to

(a) keeping the object in a particular

manner or place;

(b) removing the object to a particular

place within a particular time;

(c) doing a particular act in relation to the

object within a particular time, being an act

designed to assist in the preservation of the

object; and

(d) delivering the object into the custody

of a particular person within a particular time.

(1) The Superintendent may, in his or her

discretion, upon application by a person, grant a permit

to that person authorizing that person and any other

persons named or described in the permit to do an act

or thing specified in the permit the doing of which

would otherwise be prohibited by the Act.

(2) The Superintendent may impose conditions in

respect of the permit and may at any time revoke or

vary any conditions so imposed.

Any person who finds in the territorial waters

of Malta any form of Underwater Cultural Heritage,

shall by not later than twenty four hours from such

discovery transmit to the Superintendent a notice

setting out a description of the remains or of the object

and a description of the place where the remains or

object are situated.

PART VIII

Protection of Cultural Heritage

No person shall make any intervention or

alteration, damage, demolish or undertake conservation

or restoration of a cultural property as defined in this

Act, or classes thereof, except with the permission in

writing of the Superintendent and subject to such

conditions as may be imposed, and as may be defined

in regulations issued under this Act.

(1) The Superintendent may, with the

authority in writing of the Minister, enter into an

agreement with government agencies and bodies

corporate established by law, cultural non-government

organisations, local councils and academic institutions,

for the loan or allocation of movable cultural property

in accordance with provisions and regulations

prescribed under this Act, and in accordance with such

conditions as may be contained in the agreement

Provided that the loan or allocation agreement,

as the case may be, shall be made for the custody,

administration, care and display of the movable

cultural property

Provided further that before authorising the

Superintendent to enter into a loan or allocation

agreement, the Minister shall consult the Committee as

to the conditions to be included in the loan or allocation

agreement.

(2) The loan or allocation agreement shall include

terms and conditions, which terms and conditions shall

be determined by the Superintendent on a case by case

basis.

(3) The cultural property subject to the loan or

allocation agreement shall remain the property of

Government.

(4) The Superintendent after consulting the

Committee may recommend to the Minister to revoke a

loan o r allocation agreement if any terms and

conditions stipulated therein or any provision of this

Act, or of any regulations made thereunder, are not

observed.

The Superintendent may, with the authority in

writing of the Minister, in concurrence with the

Minister responsible for government property, enter by

public deed into an agreement with state-owned entities

for the custody, administration, care and accessibility

of immovable property in accordance with the

provisions of this Act, and in accordance with such

conditions as may be contained in the said agreement.

(1) No part of a public collection shall be

transferred from public ownership

Provided that items in the public ownership on

loan or allocation shall also be covered by this

provision.

(2) Department of Government, government

agencies and government entities having items or

collections of cultural property shall ensure the safety

of such property and are to inform the Superintendent

of the state of such cultural property and its location

Provided that any movement of such items or

collections has to be reported to the Superintendent

within thirty days of such movement

Provided further that collections of non-

government organizations will be subject to the same

obligations that apply to public collections

Provided further that in the case of the

dissolution of a non-government organization the semi-

public collection shall become a public collection.

(3) Public collections and their constituent items

are to be listed in an inventory, which inventory is to be

submitted to the Superintendent for inclusion in the

national inventory. Any new acquisition of cultural

property by public entities is to be reported to the

Superintendent within thirty days of acquisition for

inclusion in the national inventory

Provided that the inventory shall indicate the

location in which the item or collection is kept.

(4) The management and conservation of semi-

pubic collections of cultural property shall be subject to

the provisions of this Act.

(5) Such semi-public collections shall not be

separated in the event of the dissolution of associations

or non-government organisations.''.

39. The words of the heading ''PART VII'', immediately after

article 52 as added, shall be substituted by the words ''PART IX''.

40. The current article 40 of the principal Act shall be substituted

by the following

(1) In establishing the national inventory of

cultural property, the Superintendence shall consider

cultural property and underwater cultural heritage

belonging to

(a)

the State or State institutions;

(b) the Catholic

Church

and

other

religious denominations;

(c)

foundations established in accordance

to law;

(d) physical and juridical persons when

movable cultural property has been made

accessible to the public and when such persons

have given their consent for such a purpose; and

(e) any other cultural property and

underwater cultural heritage as defined in this

Act.

(2) The Superintendent may cause inventories to

be developed and updated by other persons, and a copy

of such inventories shall be deposited with the

Superintendent.

(3) Cultural property and underwater cultural

heritage included in the national inventory shall be

attributed a level of protection to adequately safeguard

the cultural property and underwater cultural heritage

Provided that the omission from the national

inventory of any cultural property or underwater

cultural heritage shall not be taken to imply that such

omitted cultural property shall not be afforded such

protection.

(4) The Superintendent shall also make use of the

l i s t o f S c h e d u l e d p r o p e r t y, a s d e f i n e d i n t h e

Development Planning Act, for the purposes of the

inventory.''.

41. The current article 41 of the principal Act shall be Amendment of

article 41 of the

renumbered as article 54 and shall be amended as follows

principal Act.

(a) in sub-article (1) thereof, immediately after the

words ''No person may'' there shall be added the word ''move,'';

(b) sub-articles (2), (3), (4), (5) and (6) shall be

renumbered as sub-articles (3), (4), (5), (6) and (7) respectively;

and immediately after sub-article (1) thereof, there shall be

added the following new sub-article

''(2) Any movement, when permitted, shall be

subject to the payment of an administration fee as set out in

the Schedule.'';

(c) in sub-article (3) thereof, as renumbered,

immediately after the words ''the payment of the ad valorem''

there shall be added the words ''fee'' and the word ''duty'' shall be

deleted;

(d) in sub-article (4) thereof, as renumbered,

immediately after the words ''Permission for'' there shall be

added the words ''movement,", for the word "duty" there shall be

substituted the word "fee" and immediately after the words "in

sub-article (2)" there shall be added the words "and (3)";

(e) sub-article (5) thereof, as renumbered, shall be

substituted by the following

''(5) The value of the objects for the purpose of the

payment of the fee referred to in sub-article (3) shall be

fixed by one or more experts to be appointed by agreement

between the Minister and exporter or, in default of

agreement, by the First Hall of the Civil Court on the

demand of the exporter, to be made by an application. The

cost of the evaluation shall be borne by the exporter.'';

(f) sub-article (6) thereof, as renumbered, shall be

substituted by the following

''(6) In lieu of the payment of the fee in accordance

with sub-article (3), the exporter may, with the consent of

the Superintendent, give to the Government by way of

datio in solutum, one or more objects of a value equivalent

to the fee due.'';

(g) in sub-article (7) thereof, as renumbered, for the

words ''It shall be competent to the Government to'', there shall

be substituted the words ''The Government may'';

(h) immediately after sub-article (7) thereof, as

renumbered, there shall be added the following new sub-articles

''(8) In the case of movement and import of cultural

property into Malta, for the purpose of a temporary

exhibition, or temporary donation, or sale, the

Superintendent may issue a certificate guaranteeing that

Government renounces, with regard to these objects, to the

right of preference and to the right to prohibit their re-

export, for a period of ten years from the date of the

certificate and guarantee, which certificate and guarantee

may be renewed

Provided that

(i) a written request for such a certificate has

to be made prior to the importation or movement into

Malta of such cultural property;

(ii) the objects are examined and registered

by the Superintendent at the point of entry into

Malta; and

(iii) such cultural objects are to be

accompanied by evidence of provenance and title on

the cultural property and are to be described

graphically and in writing in the certificate and

guarantee.

(9) The Superintendent is to maintain a register of

such movements and imports, and shall inform the

Committee and the Minister regarding the issue of such

certificates and guarantees.

(10) The Minister shall by regulations amend the

fees established in the Schedule to this Act.''.

42. Immediately after article 54 of the principal Act there shall be Addition of new

articles to the

added the following new articles

principal Act.

(1) In the case of sale, export, movement,

exchange, emphyteutical grant or lease of an object of

cultural property the Superintendent shall have the

right, with the approval of the Minister in consultation

with the Committee, of acquiring the same, in

preference to all others on equal conditions including

consideration as that concluded between the parties

Provided that the right of preference shall be

exercised in any of the following circumstances

(a) when the cultural property is 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

cultural property

Provided further that in the case of the export

or movement of an object of cultural property

Government shall acquire the same by title of sale.

(2) This right of preference may be exercised not

later than two months from the date of the receipt of

notice of such sale, export, movement, exchange,

transfer or lease by any of the parties thereto, or from

the date when the Superintendent shall come to know

of the said sale, export, movement, exchange, transfer

or lease, whichever is the earlier.

(3) In exercising the right of preference, where the

consideration of the transfer cannot be otherwise

established, the value of the cultural property in

question shall be established in accordance with the

provisions of article 59.

(1) The restoration and conservation of

public cultural property shall be subject to the

provisions of this Act and may only be carried out with

the prior authorisation and conditions established by

the Superintendent, including the submission of

condition reports and method statements by the

conservators-restorers or by the persons responsible for

the proposed restoration and conservation

Provided that the Agency shall only give

sufficient notice and information to the Superintendent

prior to the commencement of the restoration and

conservation works on public cultural property

entrusted to it

Provided further that any restoration and

conservation works carried out on public property shall

be subject to the prior authorization of the

Superintendent.

(2) The restoration and conservation of privately

owned cultural property of high cultural value shall be

subject to the provisions of this Act

Provided that the conservator-restorer shall

notify the Superintendent of the restoration and

conservation of privately owned cultural property of

high cultural value.

(3) Conservation and restoration work referred to

in sub-articles (1) and (2) may be subject to periodic

inspections and reporting by the Superintendent.

(4) The Superintendent may, following the

inspection held in accordance with sub-article (3),

modify the conditions established in the original

authorization.''.

43. Article 42 of the principal Act shall be renumbered as article

57 and for the word ''effect'' there shall be substituted the word

44. Immediately after article 57 of the principal Act as

renumbered, there shall be added the following new articles

The Superintendent may commend for

scheduling to the Planning Authority such sites and

buildings which are considered to be scheduled as

cultural property within the meaning of the

Development Planning Act.

(1) No person shall make any development

or other interventions on cultural property or on classes

of scheduled properties without first having obtained a

permit therefor from the Superintendent and as may be

prescribed in regulations issued under this Act.

(2) Before determining an application under sub-

article (1) the Superintendent may require such

information including the results of consultations with

other entities, or individuals, tests, field investigations,

examinations or inspections and other assessments on

the history, composition, provenance or other aspects

of the relevant cultural property as may be required by

the Superintendent.

(3) In granting such a permit the Superintendent

may impose such conditions or guarantee as he may

consider appropriate.

(4) The Superintendent may request that the

proposed development and the various phases thereof

be photographed or otherwise documented or recorded,

and that a report on the work be delivered to the

Superintendent at such times as may be established in

the permit.

(5) The Superintendent may request that the

proposed development or any part thereof as may be

stated in the permit be carried out under monitoring or

supervision as shall be stated in the permit, by such

warrant holder, professional or monitor.

(6) The Superintendent may require the drawing

up of amended plans.''.

45. The current article 43 of the principal Act shall be substituted Substitution of

article 43 of the

principal Act.

by the following

(1) Any officer of the Superintendence duly

authorised in writing by the Superintendent may, with

the assistance of the Executive Police, enter any area,

property, site under investigation, premises or building

if the Superintendent considers it necessary to do so in

the discharge of any function under this Act or if he

considers that there are reasonable grounds to believe

that an offence against this Act or any other regulation,

licence condition or conditions made thereunder has

been or is about to be committed.

(2) Where entry is for the purposes of inspection

or documentation, the Superintendent shall serve a

written notice to the occupier of cultural property of the

intended entry, and thereupon the officer authorised as

aforesaid shall be given access to such cultural

property where conservation, restoration or

development is taking place.

(3) The Superintendent shall cause an inspection

to be carried out in cases of reported discoveries of

cultural property in order to establish whether

preservation or excavation works are required.

(4) The Superintendent shall have the right to

enter and occupy any cultural property in order to

conduct archaeological excavations therein, provided

that

(a) a written notice is served upon the

occupier or owner of the cultural property in

question at least three days before the

commencement of such excavations;

(b) the expected duration

of

the

occupation is stated in the notice

Provided that any further extension of

this period shall be made with at least three days

notice; and

(c) the owners or occupier of cultural

property occupied in accordance with this article

shall be entitled to compensation for any loss of

profit, damage sustained during archaeological

excavations or the reinstatement of excavated

areas.

(5) Discoveries made during the period of

occupation by the Superintendent shall be the property

of the Government.

(6) For the purpose of exercising any of his rights

under this article the Superintendent may request the

assistance of the Police.''.

46. The current article 44 of the principal Act shall be substituted Substitution of

article 44 of the

by the following

principal Act.

(1) Any person who, accidentally or

otherwise, by any means discovers any object, site or

building, or feature in a building or property or any

other cultural property whether on land or sea to which

this Act applies, shall immediately inform the

Superintendent, keep the cultural property found in situ

and shall not for a period of six working days, which

may on reasonable ground be extended for a further

period of six working days, after informing the

Superintendent proceed with any work on the site

where the object of cultural property is discovered.

(2) The Superintendent shall inspect the site of

discovery within the said six working days and may

direct the person responsible to desist from any further

work on the site or any part thereof by giving him a

notice to suspend works in accordance with the

provisions of this Act

Provided that the Superintendent shall within

the six working days inform the Agency of the site of

discovery.

(3) Before determining appropriate action in

accordance with this Act, the Superintendent may carry

out investigations, including consultations with other

entities or individuals, tests, excavations and site

evaluations as prescribed in article 70, examinations or

inspections and other assessments on the history,

composition, provenance or other aspects of the

relevant cultural property as may be required.

(4) Government shall have the right to acquire

immovable cultural property so discovered in

accordance with the Government Lands Act

Provided that the Agency shall be given a right

of first refusal when it comes to the allocation of the

immovable cultural property.

(5) Every movable object of cultural value

discovered in any location within Malta, its territorial

waters, and its contiguous zone irrespective of the

method of discovery shall belong to Government

Provided that such movable objects shall be

entrusted for custody, administration and care to the

Agency.

(6) In the case of a revocation of the suspension

notice or a conservation order issued in accordance

with articles 62 and 63, the Superintendent may impose

such conditions in the revocation notice as he may

consider appropriate.

(7) Whenever cultural property is discovered, the

Superintendent may require

(a) the discovery to be photographed or

otherwise documented or recorded, and that the

documentation be delivered to the Superintendent

at such times as may be stated in the revocation

notice;

(b) the drawing up of amended plans

relative to any work, development or activity or

any part thereof; and

(c) any work, development or activity or

any part thereof to be carried out under

monitoring or supervision as may be stated in the

revocation notice, by such warrant holder,

professional or monitor.''.

47. The current article 45 of the principal Act shall be substituted

by the following

(1) Where any development or other work is

being carried out in respect of any cultural property in

contravention of any of the provisions of this Act, or

any person holding a licence to carry out

archaeological excavations under this Act does not

conform to any condition attached to such licence, or

any person holding a development permit in the case of

an accidental discovery of a cultural property fails to

conform to the said permit, or in the event of a

contravention of any condition contained in any

development permit, the Superintendent may serve a

suspension notice on the person carrying out such

development, work or excavation, or on the owner of

the property where such development or works are

being carried out, on the owner, possessor or holder of

the cultural property and thereupon the person served

with the order shall suspend all activity in connection

with the development work or excavation.

(2) The Superintendent may revoke any such

suspension notice either absolutely or subject to such

conditions as the Superintendent deems appropriate.''.

48. The current article 46 of the principal Act shall be substituted Substitution of

article 46 of the

by the following

principal Act.

(1) The Superintendent may, in the case of

any infringement of any of the provisions of this Act or

of any regulations made thereunder, or in the case of

any activity or development where cultural property

might be at risk, serve a conservation and protection

order on the owner or occupier or possessor of cultural

property requiring such action as may be specified in

the notice, including the discontinuance of anything

being done or carried on, or planned to take place, to be

taken within such time as may be specified in the order.

(2) If any action required to be taken by a

conservation and protection order has not been taken

within the time specified therein, the Superintendent

shall have the right to enter the cultural property and

may for such purpose request the assistance of the

Executive Police and take the required action, where

applicable at the expense of the owner or the occupier

or the possessor.

(3) Saving the provisions of article 46 of the

Constitution or of article 4 of the European Convention

Act no precautionary order or warrant may be issued by

any court restraining the Superintendent from issuing

an order under this article or of doing anything which

he is authorised to do by this article.

(4) The Superintendent may revoke any such

conservation and protection order either absolutely or

subject to such conditions as the Superintendent deems

appropriate.''.

49. The current article 47 of the principal Act shall be substituted

by the following

(1) The Superintendent may with the

authority in writing of the Minister, in concurrence

with the Minister responsible for government property,

enter by public deed, into a guardianship deed with a

local council or with a non-government organization or

with the Agency whereby the custody and

administration of immovable cultural property is

passed over to the local council or the non-government

organisation or the Agency, as the case may be, in

accordance with the provisions of this Act and of such

regulations as may be prescribed and subject to such

conditions not being inconsistent therewith as may be

contained in the deed. The guardianship deed shall

state the term for which it is entered, which term shall

be approved by the Superintendent on a case by case

basis, following the careful consideration of the

feasibility and scale of undertaking of each proposal.

(2) The Minister shall, however, within four

weeks after its publication, or if the House is not then

in session, within four weeks of the date when the

House next meets, lay a copy thereof on the Table of

the House, and the guardianship deed shall be subject

to the condition that if on a motion tabled not later than

twenty eight days after the laying on the Table of the

House of the copy of the guardianship deed the House

resolves that the guardianship deed shall be rescinded,

the deed shall be automatically rescinded upon the

passage of the resolution.

(3) Before authorising the Superintendent to enter

into a guardianship deed the Minister shall seek the

views of the Committee as to the conditions to be

included in the guardianship deed; such conditions

shall in particular address the following matters

(a) the protective measures that are to be

taken to safeguard the cultural property subject to

the guardianship deed; and

(b) the conservation and management

plan relative to the cultural property, and the

organizational,

operational

and

financial

arrangements in connection therewith, and the

organizational,

operational

and

financial

resources to be dedicated therefor.

(4) A guardianship deed shall not prejudice any

powers of any Entity established under this Act with

regard to the cultural property subject to the

guardianship deed.

(5) The cultural property subject to the

guardianship deed shall remain the property of the

Government.

(6) The

Minister

after

consulting

the

Superintendent and the Committee may at any time by

order in the Gazette rescind a guardianship deed if any

conditions stipulated therein or the provisions of this

Act or of any regulations made thereunder are not

observed by the other party.

(7) At the end of each calendar year the party in

whose custody the cultural property is placed shall

transmit to the Minister, the Superintendent and the

Committee a report of its activities in relation to the

cultural property and on the way it has executed the

guardianship deed during the previous year. A copy of

such report shall be laid on the Table of the House by

the Minister.

(8) The Superintendent may renew a guardianship

deed on the same terms and conditions for a further

term, or terms, following prior written authorisation by

the Minister. Any such renewal shall be registered with

the Committee and a copy thereof shall, within four

weeks, be laid on the Table of the House.

(9) The Minister may make regulations generally

prescribing rules in relation to guardianship.''.

50. The current article 48 of the principal Act shall be substituted

by the following

(1) Archaeological or palaeontological

excavations or explorations for cultural property,

including investigations, field evaluations, survey and

monitoring, on land as well as in the territorial waters

or in the contiguous zone of Malta can only be made by

the Superintendent, or with the written permission of

the Superintendent and in accordance with any

condition attached thereto

Provided that without prejudice to the

provisions of article 60, it shall be lawful for the

Superintendent to undertake or cause excavations to be

carried out for the purposes of this Act in any part of

Malta, whenever such excavations are considered to be

expedient and subject to any regulations made under

article 72(d)

Provided further that the provisions of this

article shall apply without prejudice to the provisions

of article 61.

(2) When authorising activities referred to in sub-

article (1), the Superintendent shall among other

considerations and conditions that may be necessary,

ensure that

(a) appropriate protective measures are

taken to safeguard the cultural property subject to

such activities;

(b) such activities are undertaken

according to a scientific research proposal, a

methodology of the proposed activities,

publication programme, a conservation and

management plan for the cultural property and

any object derived therefrom, adequate financial

arrangements in connection therewith, and the

organisational, operational, and financial

resources to be dedicated therefor;

(c) the production of adequate financial

guarantee;

(d) such authorized activity will have the

least impact possible on the cultural property, and

that non-destructive methods of investigation are

applied wherever possible during such activity;

(e) such activities and excavations and

other potentially destructive techniques are

carried out only by qualified, authorised persons;

and

(f) a full copy of the records of any such

authorized activity shall be deposited by the

authorized person with the Superintendent.

(3) The Superintendent may establish and

designate archaeological reserves, even where there are

no visible remains on the ground or under water, for the

preservation of material evidence to be studied by later

generations

Provided that the creation of such

archaeological reserves will be a material consideration

in assessing

(a) authorisations for archaeological and

paleontological excavations; and

(b) permits for developments and other

interventions impacting cultural property in

accordance with article 59.

(4) The Superintendent shall include such

archaeological reserves in the National Inventory.

(5) The Superintendent shall take all practical

measures to ensure the drafting, following

archaeological operations, of a publishable scientific

s u m m a r y r e c o r d be f o r e t h e p u b l i c a t i o n o f t h e

completed study

Provided that the completed study shall be

published not later than three years from the conclusion

of the excavations.''.

51. Articles 49 and 50 of the principal Act shall be renumbered as Renumbering of

articles 49 and

articles 66 and 67.

50 of the

principal Act.

52. Article 51 of the principal Act shall be substituted by the Substitution of

article 51 of the

principal Act.

(1) Any person who feels aggrieved by a

decision of the Superintendent under articles 54, 55,

57, 62 and 63 shall have a right to appeal before the

Administrative Review Tribunal established by article

5 (1) of the Administrative Justice Act.

(2) The appeal to the said Tribunal shall be filed

not later than twenty days of service of the decision of

the Superintendent

Provided that the filing of an appeal shall not

suspend the execution of the decision appealed from.

(3) The Administrative Review Tribunal may, in

its determination on any appeal entered in accordance

with sub-article (1), confirm, reverse or vary, in whole

or in part, the original decision.''.

53. The words of the heading ''PART VIII'', immediately after

article 51 as substituted by article 68, shall be substituted by the words

54. The current article 52 of the principal Act shall be

renumbered as article 69.

55. The words of the heading ''PART IX'', immediately after

article 52 as substituted by article 69, shall be substituted by the words

56. The current article 53 of the principal Act shall be

renumbered as article 70 and shall be amended as follows

(a) in the marginal note thereof, for the word ''certain''

there shall be substituted the word ''cultural'';

(b) in sub-paragraph (d) of sub-article (1) thereof, for the

words ''article 46'' there shall be substituted the words ''article

62'' and for the words ''article 47'' there shall be substituted the

words ''article 63'';

(c) in sub-paragraph (f) of sub-article (1) thereof, the

words ''or of the Centre'' shall be deleted;

(d) in sub-paragraph (g) of sub-article (1) thereof, for the

words ''one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69)'' there shall be substituted the words

''two thousand euro (€2,000)'' and for the words one hundred and

sixteen thousand and four hundred and sixty-eight euro and

sixty-seven cents (€116,468.67)'' there shall be substituted the

words ''two hundred and fifty thousand euro (€250,000)''; and

(e) in sub-article (3) thereof, for the words ''fifty-eight

euro and twenty-three cents (58.23)'' there shall be substituted

the words ''two hundred euro (€200.00)'' and for the words ''one

hundred and sixteen euro and forty-seven cents (116.47)'' there

shall be substituted the words ''five hundred euro (€500)''.

57. The current article 54 of the principal Act shall be Amendment of

renumbered as article 71 and in sub-article (1) thereof, for the words article

principal Act.

''shall have the right'' there shall be substituted the word ''shall''.

58. The words in the heading ''PART X'', immediately after article Substitution of

54 as renumbered as article 71, shall be substituted by the words the

‘PART X’.

''PART XII''.

59. The current article 55 of the principal Act shall be Amendment of

article 55 of the

renumbered as article 72 and shall be amended as follows

principal Act.

(a) in paragraph (k) thereof, for the words ''article 35''

there shall be substituted the words ''article 39'';

(b) in paragraph (l) thereof, for the words ''articles 40

and 41'' there shall be substituted the words ''articles 54 and 55'';

(c) paragraph (m) thereof, shall be substituted by the

following

''(m) to publish the requirements for accreditation of

non-government organizations in accordance with article

7(5)(m);'';

(d) paragraph (n) thereof, shall be substituted by the

following

''(n) to establish the list of Heritage Skills;'';

(e) in paragraph (o) thereof, for the words ''article 44''

there shall be substituted the words ''article 59'';

(f) paragraph (p) thereof, shall be renumbered as

paragraph (r); and

(g) immediately after paragraph (o) thereof, there shall

be added the following new paragraphs

''(p) to establish the rules relative to the aptitude

test;

(q) to establish guidance, rules and regulations and

to provide for the form and procedure for the entrustment

of public collections and sites; and''.

60. The words of the heading ''PART XI'', immediately after

article 55 as amended and renumbered as article 72, shall be

substituted by the words ''PART XIII''.

61. Article 56 of the principal Act shall be renumbered as article

62. The Schedule to the principal Act shall be substituted by the

following

"SCHEDULE

(Article 54)

RATE OF EXPORT DUTY

Value of object

Export Duty

On the first €235 or part thereof

10 per cent

On the second €235 or part thereof

20 per cent

On the third €235 or part thereof

30 per cent

On the fourth €235 or part thereof

40 per cent

On any further value

50 per cent

''.

Passed by the House of Representatives at Sitting No. 238 of the

18th June, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€4.68