ACT No. XLI of 2021 AN ACT to amend the Cultural Heritage Act, Cap. 445.

I assent.

(L.S.)

GEORGE VELLA

President

20th July, 2021

ACT No. XLI of 2021

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:-

The short title of this Act is the Cultural Heritage Short title.

(Amendment) Act, 2021 and this Act shall be read and construed as

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

principal Act".

Rate of Administration Fees".

The Arrangement of Act shall be substituted by the following Substitution of

the

new Arrangement of Act

Arrangement of

Act of the

principal Act.

"Arrangement of Act

Articles

PART I

Preliminary

1-3

PART II

Principles and General Duties

4-6

Constitution, Composition and

7-14

PART III

Functions of Entities

Administrative and Personnel 15-17

PART IV

Provisions

PART V

Financial Provisions

18-28

PART VI

Conservation Professionals

29-43

PART VII

Underwater Cultural Heritage

44-48

PART VIII

Protection of Cultural Heritage

49-52

PART IX

Special Powers of the State

53-68

PART X

Religious Cultural Heritage

PART XI

Offences

70-71

PART XII

Regulations

PART XIII

Miscellaneous

Article 2 of the principal Act shall be amended as follows

(a) in the definition "cultural property", immediately

after the words "immovable property" there shall be added the

words ", to whomsoever they may belong";

(b)

the definition ''Committee'' shall be deleted;

(c) immediately after the definition "contiguous zone"

there shall be added the following new definition

" "Council" means the National Council for Cultural

Heritage established by article 12;";

(d) the definition "Department of Government" shall be

repositioned immediately after the definition of "cultural

property";

(e) in the definition "Entities" the word "Committee"

shall be substituted by the word "Council";

(f) immediately after the definition "entrustment

agreement" there shall be added the following new definition

" "excavation" means archaeological scientific,

stratigraphic investigation and documentation to inform

research, building construction projects, conservation,

protection and management of archaeological contexts,

taking note of provenience, matrix, association, artefacts,

ecofacts, features and structures on land and in the

territorial waters, and may include non-intrusive or

intrusive techniques;";

(g)

in the definition "integrated conservation", the words

"man-made" shall be substituted by the words "human-made";

(h) immediately after the definition "public officer" there

shall be added the following new definition

" "Regulator" means the Superintendence of Cultural

Heritage;"; and

(i) in the definition "restoration", the words ''critical and

historical process" shall be substituted by the words "critical,

historical and scientific process".

Article 7 of the principal Act shall be amended as follows

Amendment of

article 7 of the

principal Act.

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

following new sub-article

"(1) There shall be a regulator for cultural heritage

hereinafter in this Act referred to as the Superintendence of

Cultural Heritage, under the responsibility and

management of the Superintendent of Cultural Heritage.

The mission of the Superintendence is to fulfil the duties of

the State to ensure the protection and accessibility of

cultural heritage as defined in this Act."; and

(b) in paragraph (g) of sub-article (5) thereof,

immediately after the words "part of the cultural heritage" there

shall be added the words ", as well as to advise other pertinent

bodies on all matters of cultural heritage".

Article 8 of the principal Act shall be amended as follows

Amendment of

article 8 of the

principal Act.

(a)

sub-article (4) thereof shall be amended as follows

(i) in paragraph (m) thereof, the words "of cultural

property; and" shall be substituted by the words "of

cultural property;"; and

(ii) in paragraph (n) thereof, the words "to the

cultural heritage and cultural property." shall be substituted

by the words "to the cultural heritage and cultural property;

and" and immediately thereafter there shall be added the

following new paragraph

"(o) to set up and manage the Office of the

Chief Herald of Arms of Malta."; and

(b)

in paragraph (a) of sub-article (5) thereof the

words "there shall be followed the provisions of article

48." shall be substituted by the words "there shall be

followed the provisions of article 64.".

Sub-article (2) of article 10 of the principal Act shall be

substituted by the following new sub-article

"(2) The Minister shall review the said strategy as often as

may be necessary, and in any case not less than once every ten

(10) years.".

Immediately after article 10 of the principal Act there shall be

added the following new article

(1) There shall be a National World Heritage

Technical Committee which shall be composed as

follows

(a) a Chairperson appointed by the

Minister;

(b) the Superintendent ex officio, or

representative;

(c) the Chief Executive Officer of the

Agency ex officio, or representative;

(d) the Director of the Restoration

Directorate ex officio, or representative;

(e) a representative of the Planning

Authority;

(f) a representative of the Environment and

Resources Authority;

(g) three (3) other persons appointed by the

Minister from amongst entities working in the field

of World Heritage Sites.

(2) The Chairperson of the Technical Committee

and the members referred to in sub-article (1) shall be

appointed for a period of three (3) years and may be

reappointed for further periods of three (3) years each.

(3) Subject to the provisions of this Act and to such

p r o c e d u r e s a s m a y b e pr e s c r i b e d , t h e Te c h n i c a l

Committee shall regulate its own proceedings or as

provided in paragraph (j) of article 72.

(4) The Technical Committee shall

(a) ensure and facilitate the collaboration

between the different entities with direct or indirect

responsibility for the protection and management of

the World Heritage Sites of the Maltese Islands;

(b) advise the Minister and Government on

any matter affecting World Heritage Sites and on

any other matter referred to it by the Minister, and

subsequently ensure the implementation of the

necessary measures as adopted by Government and

as directed by the Minister;

(c) draw the attention of the Government or

of any entity, organisation or person to any urgent

action that may be required with regard to World

Heritage Sites; and

(d) without prejudice to the provisions of

this Act, co-ordinate response to UNESCO on

matters affecting World Heritage Sites.".

8. In article 11 of the principal Act, the words ", or tax on Amendment of

income or duty on documents" shall be deleted.

9. Article 12 of the principal Act shall be substituted by the Substitution of

following new article

(1) There shall be a National Council for

Cultural Heritage, 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) four (4) other persons appointed by the

Minister, three (3) from amongst persons working in

the field of cultural heritage and in non-

Governmental organisations dedicated to cultural

heritage, and another person active in the

commercial sector.

(2) The Chairperson of the Council and the members

referred to in sub-article (1) shall be appointed for a

period of three (3) years and may be reappointed for

further periods of three (3) years each.

(3) The Council shall meet at least once every two

months. Its meetings shall be called by the Chairperson

either on his own initiative or at the request of any three

(3) of the other members.

(4) Five (5) members shall form a quorum and

decisions shall be adopted by a simple majority of all the

members of the Council. The Chairperson shall have an

initial vote and, in the event of an equality of votes, a

casting vote.

(5) Subject to the provisions of this Act and to such

procedures as may be prescribed, the Council shall

regulate its own proceedings.

(6) The Council shall

(a) without prejudice to the provisions of

this Act, co-ordinate the entities established under

articles 7 and 8;

(b) ensure and facilitate the collaboration

between the different agencies with direct or

indirect responsibility for the protection and

management of the cultural heritage sector;

(c) advise the Government on the National

Strategy for Cultural Heritage and subsequently

oversee and monitor the implementation of the

strategy as adopted by Government and as directed

by the Minister;

(d) draw the attention of the Government or

of any organisation or person to any urgent action

that may be required in the field of cultural heritage;

(e) meet regularly and consult, at least,

every four (4) months, with non-governmental

organisations working in the field of cultural

heritage and with persons operating in the

commercial sector; and

(f) advise the Minister on any matter arising

from the provisions of this Act and on any other

matter referred to it by the Minister.

(7) Any member who has a direct or indirect interest

in any contract or other action made or proposed to be

made by the Council shall disclose the nature of his

interest at the first meeting of the Council after the

relevant facts have come to his knowledge. Such

disclosure shall be recorded in the minutes of the meeting,

and such member shall withdraw from any meeting while

such matter is discussed or decided by the Council.".

10. In the Maltese version, in sub-article (2) of article 19 of the Amendment of

principal Act, the words "mija u sittax-il elf u erba’" shall be deleted. principal Act.

11. Article 32 of the principal Act shall be substituted by the Substitution of

following new article

(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 practise under the supervision of

a warranted Conservator-Restorer when working on

cultural heritage

Provided further that listed persons and persons

registered as having a Heritage Skill but not holding a

warrant of a Conservator- Restorer shall not be deemed to

practise the profession of Conservator-Restorer and shall

not be considered a warranted Conservator-Restorer.

(4) The provisions of this article shall not affect

contracts, projects and works that have commenced before

Act No. XLI of t h e c o m i n g i n t o f o r c e o f t h e C u l t u r a l H e r i t a g e

(Amendment) Act, 2021.".

2021.

12. Article 43 of the principal Act shall be substituted by the

following new article

" Regulation of

It shall be the power of the Minister to prescribe

such

rules and regulations as may be necessary to further

performance. regulate performance of such work, services, acts or

functions as referred to in this Part.".

13. Article 44 of the principal Act shall be amended as follows

(a) in sub-article (2) thereof, immediately after the

words "historic shipwreck" there shall be added the words ",

aircraft"; and

(b) in sub-article (3) thereof, immediately after the

words "with a ship" there shall be added the words ", aircraft or

archaeological site".

14. Paragraph (d) of sub-article (2) of article 46 of the principal

Act shall be substituted by the following new paragraph

"(d) delivering the object to the Superintendence or as

delegated by the Superintendent within a particular time.".

15. The marginal note of article 48 of the principal Act shall be

substituted by the following new marginal note

"Duty to report the discovery of underwater cultural

heritage.".

16. Article 51 of the principal Act shall be substituted by the

following new article

"51. (1) The Superintendent may enter, by public

deed, into an entrustment agreement with the Agency 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.

(2) The Superintendence shall inform in writing the

competent Authority responsible for Government

property of any such authorisation given under sub-

article (1).".

17. In the first proviso to sub-article (2) of article 52 of the Amendment of

principal Act, the words "within thirty days of" shall be substituted by article

principal Act.

the words "up to thirty days prior to".

18. Sub-article (1) of article 53 of the principal Act shall be Amendment of

article 53 of the

amended as follows

principal Act.

(a) in paragraph (c) thereof, immediately after the word

"foundations" there shall be added the words "and non-

governmental organisations as"; and

(b) paragraph (d) thereof shall be substituted by the

following new paragraph

"(d) physical and juridical persons. In the case of

privately owned movable cultural property, when such

cultural property has been made accessible to the public

and when such persons have given their consent for such

purposes; and".

19. Article 54 of the principal Act shall be amended as follows

Amendment of

article 54 of the

principal Act.

(a) in sub-article (5) thereof, immediately after the

words "shall be" there shall be added the words "the amount

declared by the exporter on proof of documents of acquisition, or

if the Superintendence deems fit, the amount shall be"; and

(b) in sub-article (9) thereof, the words "and shall inform

the Committee and the Minister regarding the issue of such

certificates and guarantees" shall be substituted by the words

"provided that the register is kept accessible to the Minister and

the Council.".

20. Article 55 of the principal Act shall be amended as follows

Amendment of

article 55 of the

principal Act.

(a)

in sub-article (1) thereof, the words "in consultation

with the Committee" shall be deleted; and

(b) in sub-article (3) thereof, the words "there shall be

followed the provisions of article 59." shall be substituted by the

words "there shall be followed the provisions of article 54.".

21. Article 56 of the principal Act shall be substituted by the

following new article

" Conservation

(1) The conservation and restoration of

cultural

property may only be carried out with the prior

a u t h or i s a t i o n a n d c o n d i t i o n s e s t a b l i s h e d b y t h e

Superintendent

Provided that the owners or persons responsible

for the proposed conservation and restoration shall notify

the Superintendent beforehand

Provided further that the Agency shall only give

sufficient notice and information to the Superintendent

prior to the commencement of the conservation and

restoration works on public cultural property entrusted to

it.

(2) Proponents shall engage warranted conservator-

restorers to prepare documents, carry out and or oversee

the works.

(3) Conservation and restoration work may be

subject to the submission of condition reports and method

statements prepared by warranted conservators-restorers

or other experts approved by the Superintendence for the

prior approval by the Superintendent.

(4) Such work may be subject to monitoring or

periodic inspections and reporting by the Superintendent

Provided that, following the inspection or

monitoring, the Superintendent may require amended

plans and method statements and may modify the

conditions established in the original authorisation.

(5) The conservation and restoration of cultural

property shall be subject the provisions of this Act.".

22. In article 57 of the principal Act, the words "at the expenses

of such person." shall be substituted by the words "at the expenses of

such person:" and immediately thereafter there shall be added the

following new proviso

"Provided that the Superintendent may register a

special privilege on the property for the amount of expenses

due.".

23. Article 59 of the principal Act shall be amended as follows

Amendment of

article 59 of the

principal Act.

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

following new sub-article

"(1) No person shall make any development or other

interventions on immovable cultural property, property

listed in the national inventory or scheduled property

without first having obtained a permit therefor from the

Superintendent and as may be prescribed in regulations

issued under this Act.";

(b) in sub-article (3) thereof, immediately after the

words "such conditions" there shall be added the words ",

heritage obligations";

(c) in sub-article (5) thereof, the words "as shall be

stated in the permit, by such warrant holder, professional or

monitor." shall be deleted; and

(d) in sub-article (6) thereof, immediately after the

words "amended plans" there shall be added the words "or

method statements".

24. Article 61 of the principal Act shall be amended as follows

Amendment of

article 61 of the

principal Act.

(a)

sub-article (2) thereof shall be amended as follows

(i) the words "with the provisions of this Act:"

shall be substituted by the words "with the provisions of

this Act."; and

(ii)

the proviso thereof shall be deleted;

(b) in sub-article (3) thereof, the words "article 70" shall

be substituted by the words "article 7";

(c)

sub-article (5) thereof shall be amended as follows

(i) the words "shall belong to Government:" shall

be substituted by the words "shall belong to Government

and administered by the Superintendence in accordance

with article 50."; and

(ii)

the proviso thereof shall be deleted;

(d)

sub-article (6) thereof, shall be deleted; and

(e) sub-article (7) thereof shall be renumbered as sub-

article (6).

25. Article 62 of the principal Act shall be substituted by the

following new article

"62. (1) Where any development or other work,

including restoration, 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, or a warranted

conservator-restorer or listed persons, or accredited

monitors, experts or organisations mentioned 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,

or holds a permit for restoration and fails to conform to

the said permit, or in the event of a contravention of any

condition contained in any permit in contravention of this

Act, the Superintendent may serve a suspension notice on

the person carrying out such development, work,

restoration 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, restoration or excavation.

(2) The Superintendent may revoke any such

suspension notice either absolutely or subject to such

conditions as the Superintendent deems appropriate.".

26. In sub-article (2) of article 63 of the principal Act, the words

"or the occupier or the possessor." shall be substituted by the words "or

the occupier or the possessor:" and immediately thereafter there shall

be added the following new proviso

"Provided that the Superintendent may register a

special privilege on the property for the amount of expenses

due.".

27. Immediately after article 64 of the principal Act there shall be

added the following new article

" Right of first

In the event that an immovable property

belonging to the Government of Malta which is of

cultural or historic importance becomes vacant or is

available to the Superintendent or the Council, the

Agency shall have the right of first refusal when it comes

to the allocation of the immovable cultural property.".

28. In sub-article (4) of article 69 of the principal Act, the words Amendment of

"mentioned in sub-articles (1) and (2)." shall be substituted by the article

principal Act.

words "mentioned in sub-articles (1) and (2):" and immediately

thereafter there shall be added the following new proviso

"Provided that religious authorities and, or their

respective superintendencies may delegate any function to the

Superintendence established under article 7.".

29. Sub-article (1) of article 70 of the principal Act shall be Amendment of

article 70 of the

amended as follows

principal Act.

(a) in paragraph (g) thereof, the words "material

respect," shall be substituted by the words "material respect; or"

and immediately thereafter there shall be added the following

new paragraph

"(h) any person who knowingly is in possession of

any form of cultural property which was acquired illegally

and retained by such person,";

(b) the paragraph following paragraph (h) thereof shall

be substituted by the following new paragraph

"shall be guilty of an offence against this Act and

shall be liable, on conviction, to a fine (multa) of not less

than two thousand euro (€2,000) and not exceeding two

hundred and fifty thousand euro (€250,000), or to

imprisonment for a term not exceeding six (6) years, or to

both such fine and imprisonment:".

30. Article 72 of the principal Act shall be amended as follows

Amendment of

article 72 of the

principal Act.

(a) paragraph (r) thereof there shall be substituted by the

following new paragraph

"(r) to provide for administrative infringements and

fines including out of court settlements;"; and

(b)

immediately after paragraph (r) thereof there shall be

added the following new paragraph

"(s) to prescribe anything else which may or is to be

prescribed under this Act.".

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

following new Schedule

"SCHEDULE

(article 54)

Rates of Administration Fees

Certificate for movement within the Administration Fee

EU - applies for both "import" and €65 including VAT

"export" from any EU State

Express Fee: €200

including VAT

Certificate for export/re-export (to 15% ad valorem fee of

outside the EU) of cultural heritage the declared value or as

items over fifty (50) years old

established in the Act,

plus

Administration Fee

€65 including VAT

Express Fee: €200

including VAT

".

Passed by the House of Representatives at Sitting No. 488 of the

13th July, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.44