CULTURAL HERITAGE ACT

CULTURAL HERITAGE

CHAPTER 445

CULTURAL HERITAGE ACT

To make provision in place of the Antiquities (Protection) Act, Cap. 54 for the

superintendence, conservation and management of cultural heritage in Malta and for matters

ancillary thereto or connected therewith.

3rd May, 2002;

15th August, 2002;

21st October, 2002;

1st January, 2003

ACT VI of 2002, as amended by Acts XVIII of 2002, II of 2005 and XXXII of 2007; Legal

Notice 426 of 2007; and Acts XXIII of 2009, XXXIV of 2016, XIX of 2019, XXI of 2020 and XLI

of 2021 and XXI of 2024.

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

(Article 54)

RATE OF EXPORT DUTY

Certificate for movement within the A d m i n i s t r a t i o n F e e : € 6 5

EU - applies for both "import" and including VAT

"export" from any EU State

Express Fee: €200 including

VAT

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

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

items over fifty (50) years old

in the Act, plus

Administration Fee: €65

including VAT

Express Fee: €200 including

VAT

In this Act, unless the context otherwise requires

''Agency'' means the operating agency set up under article 8;

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

article 35;

''co-ordinate'' means exchanging views orally or in writing,

before a decision or action is taken, with a view to avoiding

conflicts, waste and errors or of putting a remedy thereto;

''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;

''Conservation and Protection Order'' shall have the meaning

assigned to it in article 63;

''conservator-restorer'' means a professionally qualified person

holding a warrant under this Act;

''contiguous zone'' has the meaning as is assigned to it by the

Territorial Waters and Contiguous Zone Act;

"Council" means the National Council for Cultural Heritage

established by article 12;

''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;

''cultural property'' means movable or immovable property to

whomsoever they may belong forming part of the cultural heritage;

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

to it in the Public Administration Act;

''development'' has the meaning assigned to it in the

Development Planning Act;

''Entities'' means the Superintendence, the Agency, the Council

and the Fund, and Entity shall be construed accordingly;

''entrustment agreement'' shall have the same meaning assigned to it

in article 51;

"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;

''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;

''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;

''financial year'' means the period of twelve months ending on the

31st December in any year;

''Forum'' means the National Forum for Cultural Heritage

established in article 14;

''function'' includes responsibilities, powers and duties;

''Fund'' means the Cultural Heritage Fund established by article 13;

''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;

''guardianship'' and ''guardianship deed'' shall have the meaning

respectively assigned to them in article 64;

''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;

''integrated conservation'' means the whole range of measures

aimed at ensuring the perpetuation of the cultural heritage, its

maintenance as part of an appropriate environment, whether

human-made or natural, its utilisation and its adaptation to the

needs of society. Such an objective is to be achieved through the

revitalisation and integration of cultural heritage within the

physical environment of present-day society and by assigning a

social function to such cultural heritage compatible with its dignity

and its setting;

''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);

''investigation'' means any activity for the purpose of obtaining

and recording any information relating to cultural heritage and

includes any works for the purposes of identifying, discovering,

excavating, revealing, recovering and removing any object or

material situated in, on or under any cultural property;

''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;

''Local Council'' means a local council established under the

Local Government Act;

''Minister'' means the Minister responsible for cultural heritage,

and includes, to the extent of any authority given, any person

specifically authorised by the Minister for any of the purposes of

this Act;

''mission'' means the purpose and objective of an organization;

''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;

''museum'' means a permanent institution in the service of society

and of its development, and open to the public, which acquires,

collects, conserves, researches, documents, communicates and

exhibits for the purpose of study, education and enjoyment of

cultural heritage and associated information of humankind and its

environment for the public benefit;

''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

c e r t i f i c a t e o f e n r o l m e n t b y t h e C o m m i s s i o n o f Vo l u n t a r y

Organisations under the Voluntary Organisations Act;

''owner'' in relation to any cultural property includes the directus

dominus, the sub directus dominus, the emphyteuta, the sub

emphyteuta, the bare owner and the usufructuary;

''officer'' and ''employee'' includes a public officer detailed for

duty in any of the entities, committees or bodies established under

this Act;

''Perit'' shall have the same meaning assigned to it in the Periti Act;

''Planning Authority'' means the Authority established under the

Development Planning Act;

''possessor'' means the person physically holding the cultural

object in his own name;

''prescribed'' means prescribed under this Act;

''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;

''public officer'' has the same meaning assigned to it by article

124 of the Constitution;

"Regulator" means the Superintendence of Cultural Heritage;

''restoration'' means a highly specialised activity to conserve the

integrity of cultural heritage, and to reveal its cultural values and to

improve the legibility of its original state, form and design, within

the limits of still existing material. Such activity must be based on

a critical, historical and scientific process of evaluation and not on

conjecture;

''right of preference'' means the right granted to the

Superintendent by and in accordance with article 55;

''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;

''Superintendence'' means the Superintendence of Cultural

Heritage established by article 7 and ''Superintendent'' means the

Superintendent of Cultural Heritage referred to in the same article;

''surveillance'' means an activity by the Superintendence which

includes an activity related to the control, direction, monitoring,

regulation, investigation and recording of cultural heritage, and

includes any activity in relation thereto;

''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;

''suspension notice'' has the meaning assigned to it in article 62;

''territorial waters'' has the meaning assigned to it in the

Territorial Waters and Contiguous Zone Act, and includes any

waters enclosed between the baselines therein mentioned and the

coast;

''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;

''warrant means the warrant granted in accordance with Part VI

of this Act, and warrant holder shall be construed accordingly.

For the purposes of this Act, an object shall not be deemed

to form part of the cultural heritage unless it has existed in Malta,

including the territorial waters thereof, or in any other country, for

fifty years, or unless it is an object of cultural, artistic, historical,

ethnographic, scientific or industrial value, even if contemporary,

that is worth preserving.

PART II

PRINCIPLES AND GENERAL DUTIES

(1) The provisions of the following sub-articles of this

article and of the other articles of this Part shall not be enforceable

in any court of law, however the principles therein contained are

fundamental to the protection of the cultural heritage and it shall be

the aim of the State to apply the same and to be guided thereby.

(2) Every citizen of Malta as well as every person present in

Malta shall have the duty of protecting the cultural heritage as well

as the right to benefit from this cultural heritage through learning

and enjoyment. The cultural heritage is an asset of irreplaceable

spiritual, cultural, social and economic value, and its protection and

promotion are indispensable for a balanced and complete life.

(3) The State in Malta shall have the duty of establishing and

maintaining administrative and regulatory structures of

superintendence so as to ensure that this heritage is protected and

conserved, as well as such other structures as are required for the

management of the care, exposition and appreciation of this

heritage.

(4) The duty to protect includes the duty to document,

conserve, maintain, restore and includes the duty to intervene

whenever deemed fit, including in circumstances of misuse, lack of

conservation or application of wrong conservation methods. Such

duty to protect also includes the duty to encourage the sustainable

use and maintenance of the cultural heritage resource, in

a c c or d a n c e w it h t h e pr i nc ip l e s o f i nt e g r a t e d c on s e rv a t i on ,

including that of

(a) encouraging the integration of conservation and

management practices with respect to cultural heritage

at all levels of government, local government, the

private sector and voluntary sector;

(b) ensuring that conservation, management and other

initiatives affecting cultural heritage take account of

policies of social inclusion;

(c) ensuring that conservation, land planning and other

initiatives affecting cultural heritage areas take into

account the social fabric of existing communities and

strive to improve the living conditions for all levels of

society. Such initiatives should ensure, where possible,

that they do not precipitate negative changes to the

social fabric of the population of any given locality

intervened upon;

(d) promoting public awareness of the richness and extent

of cultural heritage as an intrinsic part of humankind’s

environment, and of the need to prevent the

debasement of cultural heritage assets upon which

depends the quality of that same environment, and of

the cultural, economic and social reasons justifying its

protection;

(e) taking into consideration the special problems of

cultural heritage conservation, maintenance and

management in anti-pollution policies;

(f)

promoting fiscal and financial policies aimed at

encouraging owners of cultural heritage to maintain,

conserve, protect and make good use of such property.

(5) The duty to make accessible includes the duty to exhibit, to

research, to render accessible for research, study and enjoyment,

the cultural heritage and to promote knowledge, appreciation and

awareness of this heritage within the principle of social inclusion.

The right of access to, and benefit from, the cultural heritage does

not belong merely to the present generation. Every generation shall

have the duty to protect this heritage and to make it accessible for

future generations and for all mankind.

In performing its duty the State may delegate any of the

duties set out in article 4 to entities already in existence, or to other

public or non-statal entities which may be established for the

purpose, provided that the State shall

(a) publish the conditions under which such delegation is

given;

(b) reserve the public ownership of all that is put in trust

by such delegation;

(c) reserve the right of superintendence.

The protection, promotion and accessibility of the cultural

heritage shall be given very high priority in deciding public policy

in all fields of activity in Malta.

PART III

CONSTITUTION, COMPOSITION AND FUNCTIONS OF

ENTITIES

(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.

(2) The Superintendence shall be a body corporate having a

distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any kind of property for the purposes of

its functions, or suing and being sued, and of doing all such things

an d en teri ng int o al l su ch t ran sactions as are incidental or

conducive to the exercise or performance of its functions under this

Act.

(3) The

legal

and

judicial

representation

of

the

Superintendence shall vest in the Superintendent provided that the

Superintendent may appoint any person, including any one or more

of the officers or employees of the Superintendence, to appear in its

name and on its behalf in any judicial proceedings and on any act,

contract, instrument or other document whatsoever.

(4) The Superintendent shall be appointed by the Minister for a

period of not more than five years under such terms and conditions

as established in his letter of appointment. On the expiry of his

term a person may be reappointed for a further term or terms.

(5)

It shall be the function of the Superintendence

(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;

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

monitoring, exploration, conservation, restoration,

maintenance, exhibition and accessibility, import, export

and movement of cultural property;

(c) to promote and conduct research in the field of cultural

heritage and to conduct excavations and other

investigations which may be required so that objects or

aspects of cultural heritage be discovered, cared for

and appreciated;

(d) to authorise excavations, as well as to monitor

excavations ensuring that such excavations, their

documentation and the exhibition of the results thereof

follow scientific methods and employ the best

technology possible;

(e) to ensure that adequate documentation is kept and

archived in relation to excavation, exploration and

search for antiquities, the conservation of cultural

property and discoveries resulting from environment

impact assessments;

(f)

to promote and ensure the best policies, standards and

practices in the conservation and presentation of

artefacts, collections, museums, buildings, monuments

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;

(g) to advise and coordinate with the Planning Authority

action in safeguarding cultural heritage when

considering applications for planning permission

relating to development affecting objects, sites,

buildings or landscapes which form part of the cultural

heritage as well as to advise other pertinent bodies on all

matters of cultural heritage;

(h) to advise the Minister with regard to cooperation with

other governments and international organizations in

the field of the protection of the cultural heritage;

(i)

after consulting the Council, to advise the Minister on

the need of enforcing urgent repair or conservation

works in accordance with article 57, as well as to the

need for the compulsory acquisition of sites or

buildings by the Government in accordance with the

Land Acquisition (Public Purposes) Ordinance for the

better protection of the cultural heritage;

(j)

generally to advise the Minister on all matters relating

to the cultural heritage and cultural property;

(k) 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;

(l)

to advise Government, in consultation with the

Council 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

Council, 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.

(1) There shall be an operating agency hereinafter in this

Act referred to as the Agency to be called ''Heritage Malta''. The

mission of the Agency is to ensure that those elements of the

cultural heritage entrusted to it are protected and made accessible

to the public as defined in this Act.

(2) The Agency shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of

this Act, of entering into contracts, of acquiring, holding and

disposing of any kind of property for the purposes of its functions,

or suing and being sued, and of doing all such things and entering

into all such transactions as are incidental or conducive to the

exercise or performance of its functions under this Act.

(3) The legal and judicial representation of the Agency shall

vest in the Chairperson, provided that the Chairperson may appoint

the Chief Executive Officer or any one or more of the officers or

employees of the Agency, to appear in its name and on its behalf in

any judicial proceedings and on any act, contract, instrument or

other document whatsoever.

(4)

It shall be the function of the Agency

(a) to ensure that museums, collections including reserve

collections, sites, buildings and property, movable or

immovable, forming part of the cultural heritage, owned

or administered by it, are conserved, restored,

administered, managed, operated, marketed, studied,

researched and where applicable, excavated and

presented for exhibition, in the best way possible;

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

objects, sites, buildings, for the Museums, collections,

sites and buildings;

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

surveillance of the Superintendent, the restoration or

conservation of cultural property owned or otherwise

held or administered by the Agency;

(d) to coordinate with the Malta Tourism Authority, the

Planning Authority and other pertinent bodies,

measures which are deemed necessary so that objects,

sites and buildings forming part of the cultural

heritage are protected and made accessible through

any necessary conservation, maintenance, restoration,

exhibition and promotion;

(e) to promote public knowledge, education, appreciation

and enjoyment of the cultural heritage;

(f)

in coordination with the Superintendence to consult

with Local Councils in the preservation of the cultural

heritage in their locality;

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

heritage and, subject to the regulatory function of the

Superintendent, to conduct excavations and other

investigations which may be required so that objects or

aspects of cultural heritage be discovered, cared for and

appreciated;

(h) to provide 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

Council, 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

CULTURAL HERITAGE

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;

(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; and

(o) to set up and manage the Office of the Chief Herald of

Arms of Malta.

(5)

(a) For the purpose of ensuring the better conservation,

restoration, management, administration, marketing,

exhibition, presentation or study of any particular part

of the cultural heritage, the Agency may, with the

written approval of the Minister, acting in consultation

with the Superintendent, either delegate any of its

functions to any existing entity or to any entity to be

established, whether public or private, or a partnership

thereof, as may be necessary, and in every case under

such conditions as established by the superintendent

and approved and published by the Minister in the

Gazette, provided that whenever the delegation above-

mentioned consists in an act of guardianship there shall

be followed the provisions of article 64.

(b) The Agency may, where appropriate, also fulfil its

functions directly through its own resources.

(6) The Agency shall give the Superintendent all information

that he may require in order to enable him to perform his functions

under this Act.

(1) The Agency shall be governed by a Board of Directors

consisting of not less than five and not more than nine members,

o ne of whom shall be th e Chairperson, ano ther the Dep uty

Chairperson, and a member nominated by the Minister responsible

for Gozo.

(2) The members of the Board shall be appointed by the

Minister for a period of not less than three years but not more than

five years as may be determined in their letter of appointment.

Members of the Board may, on the expiration of their term of

office, be reappointed.

(3)

The functions of the Board shall be

(a) to determine the policy and strategy of the Agency;

(b) to employ and manage the human resources required to

achieve the aims of the Agency;

(c) to ensure the proper financial administration of the

Agency;

(d) to ensure the collaboration with other local and foreign

bodies necessary for achieving the aims of the Agency.

(4) The Board shall appoint a Chief Executive Officer who

shall be responsible to the Chairperson and the Board, and the

appointment shall be for a period of not more than three years

under such terms and conditions as stated in his letter of

appointment. On the expiry of his term a person may be

reappointed for a further term or terms.

(5) The meetings of the Board shall be called by the

Chairperson, either on his own initiative or at the request of any

two of the other members.

(6) Half the number of members for the time being constituting

the Board shall form a quorum. Decisions shall be adopted at a

meeting at which a quorum is present by a simple majority of the

members present and voting. The Chairperson shall have an initial

vote and, in the event of an equality of votes, a casting vote.

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

contract or other action made or proposed to be made by the

Agency, where such interest exists, shall disclose the nature of his

interest at the first meeting of the Board 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

Board.

(8) Subject to the provisions of this Act, the Board may

regulate its own proceedings.

(9) Any document purporting to be an instrument made or

issued by the Agency and signed by the Chairperson on its behalf

shall be received in evidence and shall, unless the contrary is

proved, be deemed to be an instrument made or issued by the

Agency.

(1) The Minister shall prepare a policy document outlining

the National Strategy for Cultural Heritage. In preparing such

document the Minister shall consult with all the Entities set up

under this Act and those other agencies, whether publ ic or

otherwise, as the Minister may deem proper. The Minister shall

cause a copy of such document to be laid on the Table of the House

as soon as it is ready and the House shall dedicate one sitting for a

discussion on it.

(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.

(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

CULTURAL HERITAGE

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.

(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 procedures

as may be prescribed, the Technical 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.

The Superintendence and the Agency shall be exempt from

any liability for payment of any tax, other than customs or excise

duties, for the time being in force in Malta.

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.

(1) There shall be a Fund to be known as the Cultural

Heritage Fund, which shall be a body corporate with a separate

legal personality, and which shall receive and manage all monies

paid to it under the provisions of this Act or under any other Act, as

well as other monies or other movable or immovable properties

which may be donated to it by non-governmental sources.

(2)

The Fund shall be administered by the Council.

(3) The monies in the Fund may be used solely for the purpose

of research, conservation or restoration of the cultural heritage.

(4) A yearly account of the administration of the Fund shall be

submitted to the Minister and laid by him on the Table of the

House.

(1) The Minister shall, once a year convene a National

Forum for Cultural Heritage inviting the participation therein of the

Superintendence, the Agency, the Council, the Catholic Cultural

Heritage Commission, the Religious Cultural Heritage

Commissions, if any, other Government departments and entities,

the Mayors of each Local Council or their representative, non-

Governmental organizations registered with the Superintendence as

organizations aiming at the protection of the cultural heritage, the

University of Malta, other educational institutions, specialists,

consultants, representatives of the commercial sector, and any other

parties registering their interest in writing with the Minister.

(2) The President of the Forum shall be appointed by the

Minister.

(3) The Forum shall discuss the state of cultural heritage in

general after hearing a report thereon prepared by the

Superintendent.

(4)

The Minister shall regulate the proceedings of the Forum.

(5) The proceedings of the Forum shall be published and

transmitted to the Minister and to the Council.

(6) The Minister shall give advanced public notice a month

before the meeting of the Forum.

PART IV

ADMINISTRATIVE AND PERSONNEL PROVISIONS

(1) Subject to the provisions of the Constitution and of

any other law including this Act applicable thereto, the

appointment of officers and other employees of Entities shall be

made by Superintendent in the case of the Superintendence, by the

Chairperson of the Board of Directors in the case of the Agency,

and by the Chairperson of the Council in the case of Council or the

Fund. The terms and conditions of employment shall be determined

by each Entity with the approval of the Minister.

(2) Each Entity shall appoint and employ, at such remuneration

and upon such terms and conditions as it may in accordance with

sub-article (1) determine, such officers and employees as may from

time to time be necessary for the due and efficient discharge of its

functions.

(1) The Prime Minister may, at the request of an Entity,

from time to time direct that any public officer shall be detailed for

duty with the entity in such capacity and with effect from such date

as may be specified in the direction.

(2) The period during which a direction as aforesaid shall apply

to any officer specified therein shall, unless the officer retires from

the public service, or otherwise ceases to hold office at an earlier

date, be such as may be specified in the direction, unless the

direction is revoked earlier by the Prime Minister.

(3) Where any officer is detailed for duty with any Entity in

accordance with this article, such officer shall during the time in

which such direction has effect in relation to him, be under the

administrative authority and control of the Entity but shall for other

intents and purposes remain and be considered and treated as a

public officer.

(4) Without prejudice to the generality of the foregoing, a

public officer detailed for duty as aforesaid -

(a) shall not during the time while such officer is so

detailed -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by that public officer at a date on which he was

detailed for duty; or

(ii) be so employed that the remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by that public officer

at the date he was detailed for duty as aforesaid

or which would have become attached to such

appointment, during the said period, has such

officer not been detailed for duty with the

Entity; and

(b) shall be entitled to have the service with the Entity

considered as service with the Government for the

purpose of any pension, gratuity or benefit under the

Pensions Ordinance, and the Widows’ and Orphans’

Pension Act, and of any other right or privilege to

which that public officer would be entitled, and shall

be liable to any liability to which he would be liable,

but for the fact that he is detailed for duty with the

Entity.

(5) Where an application is made as provided in sub-article

(4)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for duty with the Entity.

(6) Each Entity shall pay to the Government, where applicable,

such contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with such

entities as aforesaid during the period in which such officer is so

detailed.

(1) Each Entity may, with the approval of the Prime

Minister, offer to any officer detailed for duty with such entities

under any of the provisions of article 16 permanent employment

with it at a remuneration and on terms and conditions not less

favourable than those enjoyed by such officer at the date of such

offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those

enjoyed by the officer concerned at the date of such offer, if such

terms and conditions, taken as a whole, in the opinion of the Prime

Minister offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with an

Entity, under the provisions of sub-article (1), shall for all purposes

other than those of the Pensions Ordinance, and of the Widows’ and

Orphans’ Pensions Act, be deemed to have ceased to be in service

with the Government and to have entered into service with the

Entity on the date of such acceptance and for the purposes of the

said Ordinance and of the said Act, so far as applicable to that

officer, service with such Entity shall be deemed to be service with

the Government within the meanings thereof respectively.

(4) Every such officer as aforesaid who immediately before

accepting permanent employment with an Entity was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder to all intents as if

service with the entities were service with the Government.

(5) Each Entity shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned

by an officer who has accepted permanent employment with it as

aforesaid during the period commencing on the date of such

officer’s acceptance.

(6)

(a) For the purposes of this article the posts and salary

grades with Entities shall be classified in the most

nearly corresponding grades and incremental levels in

the service under the Government of Malta by

reference to job description, skills, responsibilities and

other analogous factors.

(b) The classification referred to in paragraph (a) shall be

carried out by a board composed of a chairperson

appointed by the Minister responsible for finance and

two other members, one appointed by the Ministry

responsible centrally for personnel policies in the

public service and one appointed by the relevant

Entity. The classification shall be subject to the final

approval of the Minister responsible for finance.

(c) Such classification shall take place within three

months of any adjustment of salaries of employees in

the Government service, and, or, of employees of an

Entity.

(d) No post shall be classified in a grade higher than that

of grade 3 in the service of the Government or such

other grade that the Minister responsible for finance

may from time to time by notice in the Gazette

determine.

(e) Without prejudice to the provisions of article 113 of

t h e C o n s t i t u t i o n , n o p e r s o n m a y, f o l l o w i n g a

classification as aforesaid, be entitled to rights under

the said Pensions Ordinance less favourable than those

to which that person would have been entitled prior to

such classification.

PART V

FINANCIAL PROVISIONS

(1) Without prejudice to the following provisions of this

article, Entities shall so conduct their affairs that the expenditure

required for the proper performance of their functions shall, as far

as practicable, be met out of their revenue.

(2) For such purpose each Entity shall levy such fees, rates and

other payments prescribed or deemed to be prescribed by or under

this Act or any other law.

(3) Each Entity shall also be paid by Government out of the

Consolidated Fund such sums as the House may from time to time

authorise to be appropriated to meet the costs of specified works to

be continued or otherwise carried out by it, being works of

infrastructure or a similar capital nature, or to meet any of its

expenditure which it cannot meet out of its revenue.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by

each Entity to the formation of reserve funds to be used for its

purposes, and without prejudice to the generality of the powers

given to the Minister by this sub-article, any direction given by the

Minister as aforesaid may order the transfer to the Government, or

the application in such manner as may be specified in the direction,

o f an y pa rt o f t he f e e s , r a t e s a nd ot her pay m e nt s l e v ied in

accordance with sub-article (2) or any such excess as aforesaid.

(5) Any funds of an Entity not immediately required to meet

expenditure may be invested in such manner as may from time to

time be approved by the Minister.

(1) For the purposes of any requirements of a capital

nature, an Entity may, with the approval in writing of the Minister

in consultation with the Minister responsible for finance, borrow or

raise money in such manner, from such person, body or authority,

and under such terms and conditions as the M inister, after

consultation as aforesaid, may in writing approve.

(2) An Entity may also from time to time borrow, by way of

overdraft or otherwise, such sums as it may require for carrying out

its functions under this Act

Provided that for any amount in excess of two hundred and

fifty thousand euro (250,000), there shall be required the approval of

the Minister in writing.

The Minister responsible for finance may, after

consultation with the Minister, make advances to an Entity of such

sums as the Minister responsible for finance may agree to be

required by such entity for carrying out any of its functions under

this Act, and may make such advances on such terms and

conditions as the Minister responsible for finance may, after

consultation as aforesaid, deem appropriate. Any such advance may

be m ade by the Min ister r esponsible for finance o ut of the

Consolidated Fund, and without further appropriation other than

this Act, by warrant, authorising the Accountant General to make

such advance.

(1) The Minister responsible for finance may, for any

requirements of a capital nature of an Entity, contract or raise

money, or incur liabilities, for such periods and on such terms and

conditions as the Minister responsible for finance may deem

appropriate; and any sums due in respect of or in connection with

any such loan or liability shall be a charge on the Consolidated

Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the provisions of sub-article (1) shall be given by

the Minister to the House as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in sub-

article (1), or for the purpose of providing an Entity with working

capital, the Minister responsible for finance may, by warrant, and

without further appropriation other than this Act, authorise the

Accountant General to make advances to it out of the Treasury

Clearance Fund under such terms as may be specified by the

Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to an Entity and any other moneys to be advanced to an

Entity under this article, shall be paid into the Fund.

(5) Sums received by the Accountant General from an Entity in

respect of advances made to it under sub-article (3) shall be paid, as

respects of amounts received by way of repayment into the

Treasury Clearance Fund and, as respects of amounts received by

way of interest into the Consolidated Fund.

(1) Each Entity shall cause to be prepared in every

financial year, and shall not later than eight weeks before the end of

each financial year adopt, estimates of its income and expenditure

for the next following financial year

Provided that the estimates of an Entity for its first

financial year shall be prepared and adopted within such time as the

Minister may by notice in writing specify to the Entity.

(2) In the preparation of such estimates an Entity shall take

account of any funds and other monies that may be due to be paid

to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or an appropriation Act or of any

other law; and it shall so prepare the said estimates as to ensure that

its total revenues are at least sufficient to meet all sums properly

chargeable to its revenue account including, but without prejudice

to the generality of that expression, depreciation.

(3) The estimates shall be made in such forms and shall contain

such information and such comparisons with previous estimates as

the Minister may direct.

(4) A copy of the estimates shall, upon their adoption by an

Entity, be sent forthwith by the Entity to the Minister and to the

Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates of the

Entities, or, if at any time the House is not in session, within six

weeks from the beginning of the next following session, cause such

estimates to be laid before the House together with a motion that

the House approves the said estimates. Not more than one sitting

shall be allotted for the debate in the House on such motion and

both the motion and the approval of the estimates by the House may

be with or without amendment to the estimates.

(1) No expenditure shall be made or incurred by an Entity

unless it has been approved by the House as provided in article 22.

(2)

Notwithstanding the provisions of sub-article (1) -

(a) until the expiration of six months from the beginning

of a financial year, or until the approval of the

estimates for that year by the House, whichever is the

earlier date, an Entity may make or incur expenditure

for carrying out its functions under this Act not

exceeding in the aggregate one-half of the amount

approved for the preceding financial year;

(b) expenditure approved in respect of a head or sub-head

of the estimates may, with the approval of the Minister,

be incurred in respect of another head or sub-head of

the estimates;

(c) in respect of the first financial year, an Entity may

make or incur expenditure until the approval of the

estimates for that year by the House not exceeding in

the aggregate such amounts as the Minister responsible

for finance may, after consultation with the Minister,

allow;

(d) if in respect of any financial year it is found that the

amount approved by the House is not sufficient, or if a

need has arisen for expenditure for a purpose not

provided for in the estimates, an Entity may adopt

supplementary estimates for approval by the House

and pending such approval, such Entity may in special

circumstances and with the approval of the Minister,

incur the relative expenditure or part thereof as the

said Minister may so approve, and in any such case the

provisions of this Act applicable to the estimates shall,

as near as practicable, apply to the supplementary

estimates.

All estimates and supplementary estimates approved by the

House shall, as soon as practicable, be published in the Gazette.

(1) Each Entity shall cause to be kept proper books of

account and other records in respect of its operations and shall

cause to be prepared a statement of accounts in respect of each

financial year.

(2)

The accounts of each Entity shall be audited by an auditor

or auditors to be appointed by it and approved by the Minister

Provided that the Minister responsible for finance may

require the books and other records of an Entity to be audited or

examined by the Auditor General who shall for this purpose have

power to carry out such physical checking and other verification,

and may require such information, as the Auditor General may

deem necessary.

(3) After the end of each financial year, at the same time as a

copy of the estimates of an Entity is forwarded to the Minister

under article 22, the Entity shall cause a copy of the statement of

accounts duly audited to be transmitted to the Minister and to the

Minister responsible for finance together with a copy of any report

made by the auditor or auditors on that statement or on the accounts

of the Entity.

(4) The Minister shall cause a copy of every such statement and

report to be laid before the House together with the motion laid

before the House under article 22(5).

(1) All moneys of an Entity shall be paid into a bank or

banks appointed as bankers by it. Such moneys shall, as far as

practicable, be paid into the banks from day to day, except for such

sum as the Entity may require to retain to meet petty disbursements

and immediate payments.

(2) All payments out of the funds of each entity, except petty

disbursements not exceeding such sum as may be fixed by the

respective Entity with the approval of the Minister, shall be made

by such officer or officers of that entity as shall be appointed or

designated for the purpose.

(3) Cheques against and withdrawals from any bank account of

an Entity shall be signed by such officer of that Entity as may be

appointed or designated by that Entity for that purpose and shall be

countersigned by the authorised member or officer of that Entity as

may be authorised by that Entity for that purpose.

(4)

Each Entity shall also make provision with respect to -

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which its monies are to be paid, and the transfer of

funds from one account into another;

(c) the method to be adopted in making payments out of

its fund; and

(d) generally with respect to any matter which is relevant

to the proper keeping and control of the accounts,

books and other records and the control of its finances.

Each Entity shall abide by the public procurement regulations.

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.

PART VI

CONSERVATION PROFESSIONALS

(1)

No person shall exercise the profession of

conservator-restorer unless he is the holder of a warrant under article

Minkejja d-dispożizzjonijiet tal-artikolu 29, persuna tista'

tingħata warrant jekk

(a) għandha r-rekwiżiti elenkati fl-artikolu 29(2)(a), (b) u

(ċ); u

(b) qabel id-dħul fis-seħħ ta’ dawn l-emendi, ipprattikat

bħala Konservatur-Restawratur f'Malta jew fi Stat

Membru ieħor tal-Unjoni Ewropea jew taż-Żona

Ekonomika Ewropea għal perjodu ta' mhux inqas minn

għoxrin sena; u

(ċ) tissodisfa lill-Bord li hija tal-kompetenza u l-kapaċità

akkademika rikjesta, abbażi ta’ eżami tal-portafoll,

flimkien ma’ intervista u preżentazzjoni ta' kwalunkwe

kwalifiki akkademiċi jew professjonali.

(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.

30. 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.

31. (1)

The warrant to practice the profession of Conservator-

Restorer shall be granted by the Board and shall be signed by 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.

(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 the coming into force

2021. of the Cultural Heritage (Amendment) Act, 2021.

(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 qualifications; 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.

(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

indicated 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.

(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 order 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).

(1) The functions of the Board are to –

(a) consider applications for the issue of a warrant under this

Part, and take decisions thereon;

(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.

(1)

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 Board by the warrant

holder;

(b) a practising certificate may be surrendered to the Board by

the practising certificate holder;

(c) a registration as a person having a Heritage Skill may be

surrendered to the Board by the person so registered.

(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.

(1)

The Board may 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 Board may, in granting recognition, impose or as may be prescribed

from time to time and if at any time any one (1) of the conditions as

aforesaid, or any one (1) 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 Board

may 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.

It shall be the power of the Minister to prescribe such rules and

regulations as may be necessary to further regulate performance of

such work, services, acts or functions as referred to in this Part.

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, aircraft and, or an

underwater archaeological site.

(3)

Where the Superintendent is of the opinion that a particular

object associated with a ship, aircraft or archaeological site 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 to the Superintendence or as

delegated by the Superintendent 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 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 entering into a loan or allocation

agreement, the Superintendent shall consult the Council as to the

conditions that shall 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 may, after consulting the Council, revoke

a loan or 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 enter, by public deed, into an

e n t r u s t m e n t a g r e e m e n t w i t h t h e A g e n c y f o r t h e c u s t o d y,

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).

(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 up to thirty days prior to 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

i n a n i n v e n t o r y, w h i c h i n v e n t o r y i s t o b e s u b m i t t e d t o t h e

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.

PART IX

SPECIAL POWERS OF THE STATE

(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 and non-governmental organisations as

established in accordance to law;

(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

(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 list of

Scheduled property, as defined in the Development Planning Act, for

the purposes of the inventory.

(1) No person may move, export or re-export any cultural

property without the written permission of the Superintendent.

(2) Any movement, when permitted, shall be subject to the

payment of an administration fee as set out in the Schedule.

(3) The export and re-export, when permitted shall be subject

to the payment of the ad valorem fee as set out in the Schedule to

this Act and shall be subject to such other conditions as may be

imposed by the Superintendent.

(4)

Permission for movement, export and re-export may be

granted for a limited period and without the payment of the fee

referred to in sub-article (2) and (3) for the purpose of restoration,

exhibition or study. The Superintendent may, in granting such

permission impose guarantees for the return of the cultural property

so exported or re-exported at such amount as shall be fixed by the

Superintendent.

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

fee referred to in sub-article (3) shall be the amount declared by the

exporter on proof of documents of acquisition, or if the

Superintendence deems fit, the amount 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.

(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.'

(7) The Government may acquire any object proposed to be

exported, at such price as may be fixed in the manner laid down in

this article within two months from the making of the valuation

referred to in this article after notice of the intended export is given

to the Superintendent. All expenses in connection with the

valuation shall, in such cases, be at the charge of the Government.

(8)

In the case of movement and importation of cultural property

into Malta, for the purpose of a temporary exhibition, or temporary loan,

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-exportation or movement

outside Malta, for a period of ten (10) years from the date of the

certificate and guarantee, which certificate and guarantee may be

renewed

Provided that in the case of persons taking up residence in

Malta, or who have taken up residence in Malta, the Superintendent may

issue a certificate guaranteeing that Government renounces, with regard

to these objects, unless the objects are in the opinion of the

Superintendent of national importance to Malta, to the right of

preference and to the right to prohibit their re-exportation or movement

outside Malta, for a period of ten (10) years from the date of the

certificate and guarantee, which certificate and guarantee may be

renewed

Provided further that

(a) a written request for the said certificate shall be made prior

to the importation or movement into Malta of such cultural

property; and

(b) the objects shall be examined and registered at the point of

entry into Malta by the Superintendent; and

(c) the said cultural objects shall be accompanied by evidence

of provenance and title regarding the cultural property,

documentation regarding the movement or exportation or

importation, and shall be described graphically and in

writing in the certificate and guarantee.

(9) The Superintendent is to maintain a register of such

movements and imports, provided that the register is kept accessible

to the Minister and the Council.

(10) The Minister shall by regulations amend the fees

established in the Schedule to this 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

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 there shall be followed the

provisions of article 54.

(1) The conservation and restoration of cultural property

may only be carried out with the prior authorisation and conditions

established by the 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.

The Superintendent may after consulting the Council by

notice inform any person being the owner, holder or possessor of

cultural property that such cultural property, is in urgent need of

repair or restoration and shall in such notice fix a time limit in

which such repair or restoration shall be effected, failing which, the

Superintendent, may affect the said works at the expenses of such

person

Provided that the Superintendent may register a special

privilege on the property for the amount of expenses due.

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 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.

(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, heritage obligations 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.

(6) The Superintendent may require the drawing up of amended

plans or method statements.

(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.

(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.

(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 7, 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

and administered by the Superintendence in accordance with article

50. (6)

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.

(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.

(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

Provided that the Superintendent may register a special

privilege on the property for the amount of expenses due.

(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.

(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 Council 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

Council 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 Council 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 Council 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.

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.

(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 summary record before the publication of the

completed study

Provided that the completed study shall be published not later

than three years from the conclusion of the excavations.

The powers and duties under this Act shall be exercised in

conformity with any international convention, treaty, agreement or

instrument concerning the proper use and conservation of national

or world cultural property to which Malta may be a party.

(1) The Government is hereby authorised to ratify and

become a party to the Unidroit Convention on Stolen or Illegally

Exported Cultural Objects (Rome, June 1995).

(2) The Minister may, after consulting the Council, by

regulations prescribe rules to give effect to any of the provisions of

the said Convention and the provisions of any such regulations

shall have effect notwithstanding the provisions of any other law to

the contrary.

(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.

PART X

RELIGIOUS CULTURAL HERITAGE

(1) Without prejudice to any other law that may be in

force, and until such time when there may be reached an agreement

between the competent civil and ecclesiastical authorities, cultural

property belonging to the Catholic Church, including to Catholic

Religious Orders, and destined or used for religious purposes shall

fall under the exclusive regulation and superintendence of the

Catholic Cultural Heritage Commission to be appointed every two

years by the President of the Malta Episcopal Conference, and to

consist of not less than five experts one of whom shall be so

appointed after consultation with the Minister.

(2) Cultural property belonging to, and destined or used for

religious purposes by any denomination other than that mentioned

in sub-article (1) may be placed by the relevant and competent

religious authority under the exclusive regulation and

superintendence of a religious cultural heritage commission. Each

such religious cultural heritage commission shall be appointed for a

period of two years by the relevant and competent religious

authority, and shall consist of three experts one of whom shall be so

appointed after consultation with the Minister.

(3) The commissions referred to in sub-articles (1) and (2) shall

have the same powers and duties with regard to the cultural

property under their superintendence as the Superintendent, and

shall give a report about their work to the Forum

Provided that where such commissions are not so appointed

the regulation and superintendence of the property falling under

their competence will vest in the Superintendent.

(4) The Minister, after full consultation with the President of

the Malta Episcopal Conference mentioned in sub-article (1) or

with the relevant and competent religious authorities mentioned in

sub-article (2), may prescribe rules regulating the powers and

duties of, and the procedures and practices which should be

followed by the commissions mentioned in sub-articles (1) and (2)

Provided that religious authorities and, or their respective

superintendencies may delegate any function to the Superintendence

established under article 7.

PART XI

OFFENCES

(1) Any person who

(a) wilfully, or through negligence, unskillfulness or non-

observance of regulations causes damage to or

destroys any cultural property whether or not such

cultural property has been registered in any inventory

in accordance with this Act, and even if such cultural

heritage property is owned by the person who has

caused the damage or destruction, or is lawfully

administered by such a person;

(b) carries out any activity or does any act in

contravention of the provisions of this Act or of any

regulation made thereunder or of the conditions of any

licence or permit issued under this Act or fails to do

anything which he is required to do under this Act,

regulation or licence; or

(c) acts as a conservator-restorer when he is not in

possession of a warrant under Part VI of this Act; or

(d) fails to abide with any suspension notice issued in

accordance with article 62 or with a conservation or

protection order made in accordance with article 63; or

(e) receives or retains any cultural property knowing that

it has been illegally removed in Malta or illegally

exported from any other country; or

(f)

hinders, obstructs, molests or interferes with, or

attempts to hinder, obstruct, molest or interfere with,

any officer or employee of the Superintendence, or of

the Agency, or of the Council or any police officer, in

the execution of duties provided for under this Act, or

fails to comply with any lawful order by any such

officer or employee or police officer as aforesaid, or

knowingly furnishes such officers or employees with

false information or neglects or refuses to give any

information required by or under this Act; or

(g) makes a declaration for any of the purposes of this Act

which is false, misleading or incorrect in any material

respect; or

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

of cultural property which was acquired illegally and

retained by such person,

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

Provided that, subject to the above maximum, the minimum

fine (multa) to which an offender shall become liable under this

article shall not be less than the value of any work required to

remedy the effects of the offence.

(2) The liability of an offender under sub-article (1) shall be

without prejudice to the liability of the offender to pay to the

Superintendent any cost incurred in the reintegration, or restoration

of the cultural property caused by the offence, or to pay into the

Fund the value of the cultural property destroyed or damaged when

the same cannot be reintegrated or restored. Such payment may be

recovered by civil suit by the Superintendent against the offender

or his heirs.

(3) The Court, besides awarding the punishment referred to in

this article, shall order the convicted offenders to remove the

causes of the offence and to undo anything which was done without

any permit required under this Act or to comply with the conditions

imposed in such a permit, as the case may be, within a time

sufficient for the purpose and in any case not exceeding three

months from the date of the judgement and, if the offender fails to

comply with any such order within the time so fixed, he shall be

liable to a further fine (multa) of not less than two hundred euro

(€200.00) and not more than five hundred euro (€500), as the court

may fix, for every day the default continues after the expiration of

the said time.

(1) In prosecutions for offences against this Act or against

regulations under this Act, officials of the Superintendence shall to

assist the police, and to plead the case before the Courts of

Magistrates.

(2) Officers of the Superintendence may assist the Police,

Customs or any other Government body, when the same are

exercising powers conferred under any other laws, in the exercise

of any of their powers to prevent the commission of an offence

against this Act or to secure evidence concerning any such offence.

PART XII

REGULATIONS

The Minister may make regulations to give effect to any of

the foregoing provisions of this Act, or to regulate or otherwise

provide for any matter relating to activities affecting cultural

property, and may in particular, but without prejudice to the

generality of the foregoing, make regulations for any of the

following purposes

(a) to establish any fees and dues which may be payable

by or under, or for services rendered pursuant to, the

provisions of this Act;

(b) to ensure the better fulfilment of the functions of the

Entities;

(c) to regulate the appointment of officers and employees

with any of the Entities;

(d) to regulate any excavation and exploration;

(e) to establish guidelines for best conservation and

restoration practice;

(f)

to provide for any forms or procedures which may be

necessary or expedient and for which no express

procedure is contained in this Act;

(g) to regulate trade and commerce in cultural property;

(h) to regulate movement of cultural property;

(i)

to prescribe rules to give effect to the provisions of

any international convention concerning the protection

of the cultural heritage, ratified by the Government of

Malta; or for the compliance with international

obligations contracted by the Government of Malta

regarding heritage;

(j)

where not otherwise provided in this Act, to prescribe

rules regulating the powers and duties of, and the

procedures to be followed by, any entity, commission,

committee or board established by or under this Act;

(k) to set out and publish the requirements

for

accreditation as established in article 39;

(l)

to establish the parameters within which, and the types

of cultural property in respect of which, the powers

under articles 54 and 55 shall be exercised;

(m) to publish the requirements for accreditation of non-

government organizations in accordance with article

7(5)(m);

(n) to establish the list of Heritage Skills;

(o) to provide for the form and procedure in respect of

applications and the grant of permits for interventions

in cultural property under article 59, and to provide for

appeals from decisions of the Superintendent on the

same;

(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;

(r) to provide for administrative infringements and fines

including out of court settlements;

(s)

to prescribe anything else which may or is to be

prescribed under this Act.

PART XIII

MISCELLANEOUS

Any regulations made under the Antiquities (Protection)

Act, repealed by this Act, shall continue in force and have effect as

if made under this Act, and may be amended or repealed

accordingly, and the provisions of this Act shall apply to any

contravention of such regulations as if they were made under this

Act.