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Maltese Laws |
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 Act XXIII of 2009.
Arrangement of Act
Articles | ||
PART I | Preliminary | 1-3 |
PART II | Principles and General Duties | 4-6 |
PART III | Constitution, Composition and Functions of Entities | 7-16 |
PART IV | Administrative and Personnel Provisions | 17-19 |
PART V | Financial Provisions | 20-30 |
PART VI | Conservation Professionals | 31-39 |
PART VII | Special Powers of the State | 40-51 |
PART VIII | Religious Cultural Heritage | 52 |
PART IX | Offences | 53-54 |
PART X | Regulations | 55 |
PART XI SCHEDULE | Miscellaneous Rate of Export Duty | 56-57 |
PART I
PRELIMINARY
Short title. | 1. | The short title of this Act is the Cultural Heritage Act. |
Interpretation. | 2. | In this Act, unless the context otherwise requires: |
Amended by: XXXII. 2007.19.
Cap. 226.
Cap. 356.
''Agency'' means the operating agency set up under article 8;
''Centre'' means the Malta Centre for Restoration referred to in article 10;
'' co-ord inat e'' mea n s ex cha nging view s o r ally or in w r iting, before a decision or action is tak e n,
wi th a v i ew to avo i di ng conflicts, waste and errors or of putting a remedy thereto;
''Committee'' means the Committee of Guarantee established by article 14;
''co n servat ion'' mean s any act ivi t y r e qui red to max imi se the endurance or minimise the deterioration of
any cultural property as far as possible, and includes examining, testing, treating, recording and preserving any such cultural property
or any part thereof;
''C onservati on and Prot ecti on Ord er'' shall hav e t he m eani ng assigned to it in article 47;
''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;
'' cult ural herit a g e ' ' mean s mov a ble o r im movabl e obj ect s of artis tic, architect ural , historical,
archaeological, ethnographic , palaeo ntolog ical an d geological importan c e and incl udes information or data relative to cultural
heritage pertaining to Malta or to any ot her co un try . Thi s in cl ud es ar ch aeo l o g ical, palaeontological or geological
sites and deposits, landscapes, groups of buildings, as well as scientific collections, collections of art ob jects, m a nuscri p
ts, book s, p ublished mat e rial, arch ives, audio-visual material and reproductions of any of the preceding, or collections of
historical value, as well as intangible cultural assets com prising arts, traditi ons, custom s and skills em ployed in the performing
arts, in applied arts and in crafts and other intangible assets which have a historical, artistic or ethnographic value;
''cult u ral p r operty'' m e an s movabl e or imm ovabl e prop erty forming part of the cultural heritage;
'' development ' ' has the mean ing assign ed to it i n th e
Development Planning Act;
''Entities'' means the Superintendence, the Agency, the Centre, the Co mmitt ee an d the F und , and Ent ity shal
l b e const r ued accordingly;
''exp lor a tion '' mean s an activ ity on land or at sea or in the contiguous zone, carried out with the intention
of discovering new data regarding the cultural heritage and which may result in the discovery of movable or immovable items of
cultural heritage value
not yet documented on the national inventory of cultural property;
''financial year'' means the period of twelve months ending on the
31st December in any year:
Provided that the financial year which commenced on the 1st Octo ber, 2 007 shall be fo r a perio d of fi fteen mo nth s and shal
l terminate on the 31st December, 2008;
''Fo rum'' means th e Nati onal Forum f o r Cu ltural Herit a ge established in article 15;
''function'' includes responsibilities, powers and duties;
''Fund'' means the Cultural Heritage Fund established by article
16;
''guardianship'' and ''guardianship deed'' shall have the meaning respectively assigned to them in
article 48;
''integrated conservation'' means the whole range of measures aim ed at ensuring the perpetuation of the cultural
heritage, its maintenance as part of an appropriate environment, whether man- 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 cult ural herit a
g e w ithin t h e physical environment of present-day society and by assigning a social function to such cultural heritage compatible
with its dignity and its setting;
''investigation'' means any activity for the purpose of obtaining an d recor ding an y inf orm ation relating to cul
tural h eritage and includes any works for the purposes of identifying, discovering, excavating, revealing, recove ring and removing
any object or material situated in, on or under any cultural property;
''h ol d er '' sh al l m ea n th e p er son ph y sic al ly ho ld i ng a c ul t ur al object on behalf of third parties;
''Loc al Council'' me ans a loc al cou nci l est abl ish ed un de r th e
Local Councils Act;
''Minister'' means the Minister responsible for cultural heritage, and includes , to the extent of an y au t h ori
t y g i v e n, an y pe rs on specifically authorised by the Minister for any of the purposes of this Act;
''mission'' means the purpose and objective of an organization;
''museum'' means a permanent institution in the service of society and of its development, and open to the public,
which acquires, collects, conserves, researches, documentates, communicates and ex hi b i t s fo r t h e pu rp ose o f st udy, educ
ation and enjoyment of cultural heritage and associated information of humankind and its environment for the public benefit;
''owner'' in relation to any cultural property includes the directus dom inus, the sub d i rectus d o min us, t
h e emph yteuta, 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
Cap. 363.
Cap. 356.
Cap. 226.
Objects to which provisions of this Act apply.
Principles and duties.
this 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;
''public officer'' has the same meaning assigned to it by article
124 of the Constitution;
''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 and historical process of evaluation and not on conjecture;
''rig ht of preferen ce'' means the right granted to the
Superintendent by and in accordance with article 40;
'' Su perintendence'' means t h e Superintendence o f Cultu ral 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;
''suspension notice'' has the meaning assigned to it in article 46;
''territ o rial waters'' has the meaning assigned to i t in th e Te rri torial Wa ters and Cont iguous Zone Act
, and includes any waters enclosed between the baselines therein mentioned and the coast;
''warrant means the warrant granted in accordance with Part VI
of this Act, and warrant holder shall be construed accordingly.
PART II
PRINCIPLES AND GENERAL DUTIES
(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 admini s trative and regulatory structu r es of superintendence
so as to ensure that this heritage is protected and conserved, as well as such other structures as are required for the man a gement
of the care, exposition and appreciation of this heritage.
(4) The duty to protect includes the duty to documentate, co nserve, main tain , rest ore an d incl ud es th e du ty to
i n t e r v ene 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 cu lt ur al her i t
a ge reso urce, i n acco r dance wi th the p r in ci ples of in tegrated co nser vatio n, 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.
Conditions. 5. 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.
Priority of cultural heritage.
PART III
CONSTITUTION, COMPOSITION AND FUNCTIONS OF ENTITIES
Superintendence. 7. (1) There shall be a 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.
Legal personality and judicial representation.
Appointment of
Superintendent.
Functions and duties of the Superintendence.
(2) The Superintendence shall be a body corporate having a distinct l e gal personality and shal l be capable, su bject to th
e p ro visi ons of th is A ct, o f enterin g i nt o co nt ract s, of acqu iring , 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 s u ch tran s actions
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 establish, update, manage and, where appropriate, publish, or to ensure the compilation of, a national inventory of
cultural property belonging:
(i) to the State or State institutions,
(ii) to the Catholic Church and to other religious denominations,
(iii) to Foundations established in these islands,
(iv) to physical and juridical persons when the cultural property has been made accessible to the public, or when such
persons have given their consent for such a purpose;
(b) to exercise surveillance over the protection, conservation, restoration, maintenance, exhibition and accessibility
of cultural property;
(c) to promote 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;
(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;
(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 Committee, to advise the Minister on the need of enforcing urgent repair or conservation works in accordance
with article 42, 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.
Cap. 88.
Operating agency.
Legal and judicial representation.
Functions of
Agency.
Act referred to as the Agency to be called ''Heritage Malta''. The miss ion of the Agency is to ensure that thos
e e l e m ents 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 co nt racts, 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 conduciv e 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, 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 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 it;
(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; and
(g) to perform such other functions which the Minister may from time to time assign to it.
(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 Superi ntend e nt, either delegat e 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 appro v ed and pub lished by the Mini st er in the Gazette, provided that whenever the delegation above- mentioned consists in
an act of guardianship there shall be followed the provisions of article 48.
(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.
(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 fiv e years as m ay b e determin ed in thei r l et ter of ap poin tm ent. Memb ers o f th e Board may, o n th e exp i ration
of their t e rm 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 und er su ch t e rm s an d co ndi tio ns as s t ated 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 ot her act i on made or pro posed t o be m a de b y th
e
Board of Directors.
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 m e etin g while such matter is discu s sed 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
sh al l be re ce ive d i n e v id enc e an d shall, u n less t h e con t rary is proved, be deem ed t o be an in strum e nt made
or issued by the Agency.
Malta Centre for Restoration. Amended by”
II. 2005.50.
10. (1) (a) The Malta Centre for Restoration established by the Minister responsib le fo r education together wi th t h e Un iversit y
of Malt a is hereby re- established and reconstituted as a body corporate having a distinct legal personality capable, subject
to the pro v ision s of th is Act, of ent e rin g in to contracts, of acquiring, holding and disposing of any k i nd of property
for the purposes o f it s functions, of 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.
(b) The mission of the Centre is to become a centre of excellence for the teaching, training, research and practice of conservation,
restoration, maintenance, management a nd presentation of the cultural herit a ge, and to prov ide conservati on and resto
ratio n servi ces an d con su ltati on as m ay be required by other bodies, both public and private.
(2) The legal and judicial representation of the Centre shall vest in the Chairperson, provided that the Chairperson may appoint
the Director or any one or more of the officers or employees of the Cent re, t o ap pear i n i t s n a me and on it s beh a l f
i n an y j u d i cial proceedings and on any act, contract, instrument or other document whatsoever.
(3) The Centre shall be governed by a Board of Directors consisting of not less than five and not more than nine members
appointed by the Minister, one of whom shall be the Chairperson and another the Deputy Chairperson.
(4) The functions of the Board shall be -
(a) to determine the policy and strategy of the Centre;
(b) to employ and manage the human resources required to achieve the aims of the Centre;
(c) to ensure the proper financial administration of the
Centre;
(d) to ensure collaboration with local and foreign bodies, necessary for achieving the aims of the Centre.
(5) The Board shall appoint a Director of the Centre who shall be the Chief Executive Officer of the Cent re and who shall be responsible
to the Chairperson and the Board.
(6) 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.
(7) Three members of the Board shall form a quorum at its me etings. Decisions shall be adopte d at a meeting at whic h a
quorum is present by a simple majority of the members present and voting. The Chairperson, or other person chairing the meeting,
shall have an initial vote and, in the event of an equality of votes, a casting vote.
(8) Any member who has a direct or indirect interest in any contract or other action made or proposed to be made by the Centre,
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 contract
is discussed or decided by the Board.
(9) Subject to the provisions of this Act and to such procedures as may be prescribed, the Board may regulate its own proceedings.
(10) Any document purporting to be an instrument made or issued by the Centre and signed by the Chairperson on its behalf
shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Centre.
(a) to act as a national consulting agency for both the public and private sectors on all matters related to conservation
and restoration;
(b) to advise, following consultation with the superintendence, the Government on a policy of conservation
and restoration which will cover the Maltese islands and identify priority areas and special needs;
(c) to advise on and arrange for the restoration outside Malta of such artefacts which cannot be restored locally;
(d) to undertake conservation projects in Malta and abroad and to provide conservation restoration project management
services to public and private sector clients in Malta and abroad;
(e) to set up and maintain all necessary systems, especially conservation databases, required to organise,
plan, co-ordinate, control, monitor and generally undertake restoration projects;
(f) to research and develop restoration project
Functions of
Centre.
S.L.343.26
management methodology;
(g) to set up and maintain diagnostic science and conservation laboratories;
(h) to set up and maintain a documentation department charged with the scientific documentation of conservation
projects;
(i) to promote, set up and maintain teaching facilities for training students to internationally recognised, professional
standards in the arts and sciences of conservation and restoration;
(j) to promote and co-ordinate the pursuit of interdisciplinary training at professional, technical and craftsman
levels in all aspects of conservation and restoration;
(k) to promote and organize teaching and certification activities within the parameters of the Malta Professional
and Vocational Qualifications Regulations, in such a way as to allow for progression from vocational to professional
levels; and
(l) to identify skills required throughout the cultural heritage sector and the means by which such skills can be developed,
while also encouraging and supporting continuing professional development for those persons working in all occupations in the sector.
National strategy for cultural heritage.
Relations with the
Minister.
(2) The Minister shall review the said strategy as often as may be necessary, and in any case not less than once every five years:
Provided that the first Strategy Document shall be drawn up within twelve months from the coming into force of this Act.
(3) In the exercise of their functions under this Act, the
Superintendence, the Agency and the Centre 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, the Agency and the Malta Centre for Restoration in relation to the policy to be followed by them in
the discharge of their functions, and in relation to any matter which appears to the Minister to affect the cultural heritage;
(b) afford to the Minister facilities for obtaining any information with regard to the property and activities of the Superintendence,
the Agency and the Centre and for this purpose the Superintendence, the Agency and
the Centre 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.
(a) a Chairperson appointed by the Minister;
(b) a person appointed by the Minister responsible for tourism;
(c) a person appointed by the Minster responsible for the environment;
(d) a person appointed by the Minister responsible for
Gozo;
(e) the Superintendent ex officio;
(f) the Chairperson of the Agency ex officio; (g) the Chairperson of the Centre ex officio;
(h) the Chairperson of the Planning Authority ex officio;
(i) a member of the Catholic Cultural Heritage Commission referred to in article 52 appointed by the competent
local ecclesiastical authority;
(j) three other persons appointed by the Minister from amongst persons working in the field of cultural heritage
and in non-Governmental organizations dedicated to cultural heritage, and another person active in the commercial
sector.
(2) The Chairperson of the Committee and the members referred to in subarticle (1)(i) shall be appointed for a period of three years and may be reappointed for further periods each of three years.
(3) The Committee 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 of the other members.
(4) Five members shall form a quorum and decisions shall be adopted by a simple majority of all the members of the Committee. 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 Commit tee shall r e gulate its own
proceedings.
(6) The Committee shall:
(a) without prejudice to the provisions of this Act, co-
Exemption from certain taxes.
Committee of
Guarantee.
Functions of the
Committee.
ordinate the Entities established under articles 7, 8 and
10;
(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 months, with non-Governmental Organisations working in the field of cultural
heritage and with persons operating in the commercial sector;
(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 con t ract or oth e r acti on m a de o r p r opo sed to be m a de by
the Comm ittee, shall disclose the nature of his interest at the f ir st meeting of the Committee 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 Committee.
Cultural Heritage
Fund.
(2) The Fund shall be administered by the Committee of
Guarantee.
(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 submi tted to the Minister and laid by him on the Ta ble of the
House.
National Forum. 16. (1) The Minister shall, once a year convene a National Forum for Cultural Heritage inviting the participation therein of the Superinte nde nce, the Agency, th e Cent re, th e Com mit tee, th e 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, no n-Govern mental or ganizations regist ered with the Superintendence as organizations aiming at the protection of the cultural her i tage, th e Universit y of Malta, other education a l
i n stit utio ns, speciali st s, con s u ltants, represen tatives 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 gene ral after he ari ng a repo rt th ereon prepared by th
e 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 Committee of Guarantee.
(6) The Minister shall give advanced public notice a month before the meeting of the Forum.
PART IV
ADMINISTRATIVE AND PERSONNEL PROVISIONS
17. (1) Subject to the provisions of the Constitution and of an y o t her law incl udi ng th is Act app l i c abl e th er et o, 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, by
t h e Ch air p er so n of the Boar d of Gov e rn ors in the case of the
Centre, and by the Chairperson of the Committee in the case of Committee or the Fund. The terms and conditions of employment shall
be determine d by ea ch En ti ty wi th t h e ap pro v al o f t h e
Minister.
(2) Each Entity shall appoint and employ, at such remuneration and upon such terms and conditions as it may in accordance with
subarticle (1) determine, such officers and employees as may from time to time be necessary for the due and efficient discharge of
its functions.
Staff appointments.
Appointments and functions of officers and employees.
(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 d a t e , be su ch as may be specifi ed in the direction,
unle ss 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 -
Detailing of public officers.
Status of public officers.
Cap. 93. Cap. 58.
(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 subarticle (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 off i cer detailed for duty with
such entities as aforesaid during the period in which such officer is so detailed.
Offers of permanent employment to public officers detailed for duty with the Entities.
Cap. 93. Cap. 58.
(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 iden tical 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 subarticle (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 Gove rn ment and to have entered in to serv ice with th e Entity on the date of such acceptance and for the purposes of the
sai d Ordinan ce and o f th e said A ct, 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 und er the Wi do w s ’ an d O r ph an s’ Pen s i o n s A c t, 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 d u ring the peri od commencing on th e date of such officer ’s acceptance.
(6) (a) For the purposes of this article the posts and salary gra d es w ith Ent i t i es sh all be classified in the most nearly corresponding
grades and incremental levels in th e servi ce un der t h e G o v e rn m e nt o f Mal t a by reference to job description,
skills, responsibilities and other analogous factors.
(b) The classification referred to in paragraph (a) shall be carried out b y a board com posed of a chairp erson appointed by the Minister responsible for finance and t w o ot her
mem b ers, o n e app o i n t e d b y th e Mi ni str y r e spo n sible cen t rally for per s o nnel p o licies in the p ubl ic serv
ice an d on e ap poin t ed b y th e rel e v a n t 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 notic e in the Gazette determine.
(e) Without prejudice to the provisions of article 113 of th e Constitutio n , n o p e rson may , fol l ow ing 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
Entities to mett expenditure out of 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 continu e d o r otherwise carried out by it, being works of infrastructure
or a similar capital natu re, or to meet an y of it s 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 subarticle, 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, of any pa rt of the fees, rates and other payments levied in accordance with subarticle (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.
Power to borrow capital.
Amended by:
L.N. 426 of 2007.
(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 one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty- seven
cents (116,468.67), there shall be required the approval of the Minister in writing.
Advances from
Government.
(2) Notice of any loans, liabilities or advances made or incurred under the provisions of subarticle (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 su bar ticle (1 ), or for the pu rpose of pro v id ing an Enti ty
wit h working capital, the Min i ster responsible for finance m a y, by wa rr ant, and without fu rther appr opriation othe r than
th is 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 subarticle (3) shall be paid,
as respec ts of a m ounts received by way of repayment into the Treasury Clearance Fund and, as respects of amounts received by
way of interest into the Consolidated Fund.
Borrowing from
Government.
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
Estimates of the
Entities.
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.
Expenditure according to the approved estimates.
(2) Notwithstanding the provisions of subarticle (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.
Publication of approved estimates.
Accounts and audit.
House shall, as soon as practicable, be published in the Gazette.
(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 m ay requ ire su ch i nfo rm atio n, as th e Aud ito r G eneral
may deem necessary.
(3) After the end of each financial year, at the same time as a copy of th e esti mat es of an En tit y i s fo rwar ded to th e
Min ister under article 24, 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 24(5).
(2) All payments out of the funds of each entity, except petty disbursements not exceeding su ch su m 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.
Deposit of revenues and payment by the entities.
Contracts of supply and of works. Amended by:
L.N. 426 of 2007.
Annual report.
Minister responsible for finance a report dealing generally with its acti vit i es dur ing th at fin a n c i a l year and co ntain
i ng 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 24.
PART VI
Qualifications for warrant.
CONSERVATION PROFESSIONALS
(2) A person shall not qualify for the award of warrant unless - (a) he is a citizen of Malta or is otherwise permitted to
work in Malta under any law;
(b) he is of good conduct;
(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 a course of study of at
least three years full-time duration, or equivalent part-time duration at such university or academic institution as may
be recognised by the Board referred to in article
34, being a course which contains those minimum core subjects in the field of
conservation and restoration as the Minister may prescribe;
(ii) for a period of not less than two years after obtaining the academic qualifications referred to in subparagraph
(i), he has trained in Malta under the supervision of a practising warrant holder, in accordance with such guidelines
as the Minister may prescribe:
Provided that where the academic qualifications referred to in subparagraph (i) are obtained after full-time academic
courses in conservation of a duration in the aggregate of at least six years, and which contain such level of practical training
as may be approved by the Board, the condition for supervised training shall be deemed to have been fulfilled:
Provided further that with the approval of the said Board such training may, for a period not exceeding one year, in the said period
of two years, be undergone in a State outside Malta with a professional in related disciplines duly qualified to practise
in such State;
(iii) he has been duly examined and approved by the
Board in an examination or examinations for the purpose, as the Minister may prescribe:
Provided that the Board may exempt a person who obtained the academic qualifications from the University of Malta or from such
other University or academic institution approved by the said Board, from all or part of such examination or examinations.
(a) the qualifications listed in article 31(2)(a), (b) and (c) and has, prior to the first of January 2000, practised as a conservator-restorer in Malta or outside Malta for a period of not
less than fifteen years, and is in the opinion of the Board referred to in article 34 of the required competence and academic
ability; or
(b) the qualifications listed in article 31(2)(a), (b), (c) and (d)(ii) and (iii), is in possession of academic qualifications obtained after a course of studies as is mentioned in
the said paragraph (d)(i) which however does not contain all the minimum core subjects in the fields of conservation and restoration but
has successfully undergone such tests that the Board referred to in article 34 may deem necessary from case to case to make
good for such deficiency.
Special circumstances.
Provided that the decision of the Minister to grant or to refuse an application shall be notified in writing to the applicant wi thi
n f ou r mo nt hs fr o m th e d ate o f rec eip t of t he app li cat io n. Failure to notify the applicant about the decision regarding
an appl icat ion for a warran t w ith in t h e ti me estab l ish e d sh all be deemed, for reasons of public interest, to be a refusal
of the warrant applied for. Where no decision has been notified to the applicant within the time established, such applicant may
appeal before the Court of Appeal constituted as provided in article 41(6) of the Code of Organization and Civil Procedure:
Provided further that an application for a warrant shall not be deemed to have been filed by an applicant unless it is duly filled
in and acc ompanied with a l l requ ired inf o rmati o n an d documentation.
(2) A warrant holder may use the designation Conservator- Restorer with his name.
Warrant to practice as a conservation professional. Amended by:
XXIII. 2009.126.
Cap. 12.
Temporary provision of services. Added by:
XVIII. 2002.10. Substituted by: XXIII. 2009.127. Cap. 451.
(a) is legally established in another Member State for the purpose of pursuing the restorer ’s profession in that Member State;
and
(b) has pursued the restorer ’s profession for at least two years during the ten years immediately preceding the provision of services
where the restorer ’s profession is not regulated in that Member State.
(2) Persons referred to in subarticle (1) shall inform the Board by means of a written declaration to be made in advance, which
declaration shall include the following:
(a) the 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 warrant holder 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 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 service provider has pursued the restorer ’s profession for at least two
years during the previous ten years immediately preceding the provision of services.
(3) Where the Board, in exercising its authority under this article, deems that there is a substantia l difference between
the professional qualifications of the service provider and the academic qualifications requ ired under article 31, to the extent
that t h e di ff erence is such as to be harmfu l to publ ic health , safet y and security, the Board shall give the service provider
the opportunity to show, in particul ar by means of an apti tu de test, that he ha s acquired the knowledge or competence which
he lacks.
(4) The Board shall assess the temporary and occasional nature of the provision of the services on a case by case basis.
(5) The Board shall, within one month from the date of receipt of the declaration referred to in subarticle (2), inform the service
provider either of its decision not to check his qualifications or of the outcome of such check. Whenever a decision cannot be given
during the established time, the Board shall notify this information to th e servi c e pro v id er with in th e peri od establ ished
in t h is subarticle. The Board may extend this period only once for another period of one month.
(6) In the event that the Board does not give its decision within the period referred to in subarticle (5), the restoration services
may be provided.
(7) A person exercising the profession under this article shall be deemed to be a 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.
34. (1) There shall be a Board, to be known as Bord tal- Warrant tar-Restawraturi (hereinafter in this article referred to as the Board) which shall consist of:
(a) a Chairperson to be appointed by the Minister from among persons who are or have been qualified to be appointed judges in Malta;
(b) two members appointed by the Minister from among persons who in his opinion have the necessary knowledge and experience
and of whom one shall be from among the academic staff of the University of Malta and one from persons accredited under this
Act;
(c) the Superintendent or his representative;
(d) a member appointed by the Board of Governors of the Centre from among persons who in the opinion of the said Board of
Governors have the necessary knowledge and experience.
(2) The Chairperson shall be appointed for a term of three years and under such cond itio ns as may b e set o u t in his l e tt
er of appointment.
(3) The other appointed members of the Board shall hold office for a term of two years, and under such conditions as may be set
out in their letter of appointment.
(4) Where any vacancy in the Board occurs, the Minister shall as soon as practicable, in the case of the Chairperson, or a member
appointed by him, appoint another person to fill the vacancy; in the case of a member appointed by the Centre, request the Centre
to appoint another person to fill the vacancy.
(5) 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.
(6) The Minister may also delegate a public officer to act as secretary to the Board, and such secretary shall not have a vote.
(7) Save as aforesaid the Board may make its own rules and otherwise regulate its own procedure.
(8) Notwithstanding the provisions of this article, for a period of one year from the date of coming into force of this part of
this Act, the first Board to be appointed shall consist of:
(a) a Chairperson to be appointed by the Minister from among persons who are or have been qualified to be appointed judges in Malta;
and
Bord tal-Warrant
tar-Restawraturi.
Functions of the
Board.
(2) In the exercise of its functions the Board may also consult with such persons as it may deem appropriate and may also appoint
committees, of which the Chairperson shall be a member of the Board, for th e carrying out of such duties or other wo rk as the Board
may assign to them.
(3) The Board shall keep a register of warrant holders 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.
(4) The Board shall keep a register of persons accredited under this article indicating with respect to each person registered
there in the work, i n terven tion o r proced ure f o r whi c h such person is accredited, and shall at the end of each year, publish
in the Gazette, a list of persons who, on the 31st December of the said year, were accredited indicating with res p e c t to e ach
person the work, intervention or procedure for which he is accredited.
(5) The provisions of articles 36 to 38 shall apply mutatis mutandis with regard to accreditation under this article as they apply with regard to a warrant and shall apply mutatis mutandis with regard
to an accredited person as they apply with regard to a warrant holder.
(a) has been found guilty, after an inquiry by the Board referred to in article 34 of the following acts or omissions:
(i) dishonesty, misconduct or gross negligence in the exercise of his profession;
(ii) conduct that goes against the code of ethics and guidelines for practice as provided for in article
35(1)(g);
(iii) failure to comply with regulations with respect to professional standards or practices; or
(iv) failure to comply with any condition attached to a warrant issued under the provisions of article
38; or
(b) has been found guilty by a competent court of an offence under the provisions of this Act or of any regulations
made thereunder; or
(c) has been found guilty by a competent court of a crime affecting public trust or of fraud or of knowingly receiving property
obtained by theft or fraud.
(2) A decision of the Board under subarticle (1)(a) shall be s u bjec t to appe al before the Court of Appeal constituted as provided in article 41(6) of the C o d e of Organization
and Civ i l Procedure.
(3) The Minister responsible for Justice may make regulations presc ri b in g t he fees t ha t sha ll be p aya bl e in th e re
gi st ry of th e 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).
(4) The Board established under article 29 of the Code of Organization and Civil Procedure shall make rules establishing the form of such appeals, the time within which they are to be filed and generally any other matter
relating to such appeals.
Suspension or revocation of warrant.
Cap. 12.
37. Where a warrant under this Act is withdrawn, suspended or revoked, the person to whom the warrant was issued shall cease to be a holder of such warrant, or shall be suspended from the exercise of his profession as the case may be and he shall cease to use the designation Konservatur-Restawratur.
Effects of revocation or suspension of warrant.
Minister may issue fresh warrant.
Conservation technician.
S.L.343.26
Right of preference.
the date of the revocation or withdrawal of a warrant, issue a fresh warrant subject to such condi tio ns as t h e M i ni st er on the recommendation of the Board may deem necessary.
(2) For the purposes of this Act -
(a) a person shall not be deemed to practise the profession of conservator-restorer if he acts as an employee of, or assistant to,
and under the supervision of a warrant holder and does not issue any certification of a conservation-restoration nature
under his name;
(b) to such extent as may be prescribed, a person shall not be deemed to exercise the profession of a warrant holder if he
is in such employment or holds or acts in such office or performs only such work, services, acts or functions as may be prescribed;
(c) a conservator-restorer shall however endeavour to ensure that all assistants employed or engaged by him shall have successfully
completed training to such levels as are or may be prescribed by the Malta Professional and Vocational Qualifications Reg- ulations.
PART VII
SPECIAL POWERS OF THE STATE
Provided that in the case of the export of an object of cultural property the 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,
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, exchange, transfer or lease, which ever is the earlier.
(3) In exercising the right of preference, where the consideration of the transfer cannot be otherwise established
the value of the cultural property in question shall be established in accordance with the provisions of article 55 of this Act.
(2) The export and re-export, when permitted shall be subject to the payment of the ad valorem duty as set out in the Schedule to this Act and shall be subject to such other conditions as may be imposed by the Superintendent.
(3) Permission for export and re-export may be granted for a limited period and without the payment of the duty referred to in
subarticle (2) for the purpose of restoration, exhibition or study. Th e Sup e r i nt en dent may, in grant i n g su ch permi ssion
i m pose guarantees for the return of the cultural property so exported or re- exported at such amount as shall be fixed by the Superintendent.
(4) The value of the objects for the purpose of the payment of the duty referred to in subarticle (2) shall be fixed by one or
more experts to be appointed by agreeme nt between the Minister and exp o rt er or, in defaul t o f agr e ement , by th e Co urt
of Ap peal (Inferior Jurisdiction) on the demand of the exporter, to be made by an application. The cost of the evaluation shall
be borne by the exporter.
(5) In lieu of the payment of duty, the exporter may, with consent of the Superintendent, give to the Government by way
of datio in solutum, one or more objects of a value equivalent to the duty due.
(6) It shall be competent to the Government to acquire any object proposed to be exported, at such price as may be fixed
in the mann er lai d do wn i n th is arti cle wi thin two mo nths f r om th e 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.
Control of exportation and re- exportation.
Provided that without prejudice to the provisions of article
45(4), it shall b e lawful for the Superint en dent to u ndert ake 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 laid out in article 55(d).
(2) Any person who, even accidentally, discovers any object, site or building to which this Act applies in accordance with article
3, shall immediately inform the Superintendent, keep the object
Repair and restoration by Government.
Exclusive right to excavate.
Cap. 88.
found in situ, and shall not for a period of six working days after informing the Superintendent proceed with any work on the site
where the object of cultural property is discovered.
(3) The Superintendent shall inspect the site of discovery wit h in the sai d si x workin g days and m a y direct the person
responsible to desist from any further work on the site or any part thereof by giving him a notice to stop work.
(4) Any person who following a notice to stop work suffers any damage because of the interruption of the works shall have a right
to be compensated for such damages by the Superintendent.
(5) Within three months of a notice to stop the works the Go vernmen t sh al l i n st itu te p r o cedur es to acq u
i r e th e site in ac cordance with the Land A c qu i s it io n (Pu b l i c Pu rp oses) Ordinance, or the Superintendent shall release the site. Upon the institution of proceedings to acquire the site as aforesaid no further compensation
shall be due in accordance with subarticle (4).
(6) Every movable object forming part of the cultural heritage discovered in any location within Malta, its territorial waters,
and its cont iguo us zone wh et her f oun d i n autho r ised or illegal excavations or exploration or acci dentally in the course
of any work or any other manner shall belong to the State.
(7) The original or a full copy of the records of the progress of any excavation or exploration, whether carried out in accordance
with this article or o t herwise, shall be given b y the person responsible for such excavation or exploration to th e Superintendent.
Development permissions and cultural property. Cap. 356.
Permit for interventions on cultural property.
44. (1) The Superintendent may commend for scheduling to the Planning Authority such sites and buildings which he deems sho u ld be
scheduled wit h in the m eaning of the D e velopment Planning Act.
(2) The Superintendent shall make use of the list of scheduled property for the purpose of the inventory under article 7(5).
(3) No person shall make any interventions on such cultural property or classes thereof without first having obtained a permit
therefor from the Superintende nt as m a y be prescribed in regulations issued under this Act.
(4) Before determining an application under subarticle (3) the Superintendent may require such information including the results
of such tests, examinations o r i n s p ec ti on by s u ch perso n s accredited under this Act for the purpose as may be required
by the Superin t endent, an d such resear ch on the h i st ory, comp osi tion provenance or other aspects of the relevant cultural
property as he may consider necessary for the purpose.
(5) In the grant of such permit the superintendent may impose such conditions as he may consider appropriate, including without
prejudice to the generality of the foregoing that the work or any part thereof shall be carried out in accordance with such protocol
as may be prescribed or as may be attached to the permit, that the work and the various phases thereof be photographed or otherwise
the superintendent at such times as may be stated in the permit, and that the work or any part thereof as may be stated in the permit
is carried out, by or under the supervision as shall be stated in the per mit, of such warrant h o lder, professi onal or other per
s on accredited under this Act for such work.
(2) Where entry is for the purpose of inspection or documentation purposes, the Superintendent shall serve a written
notice to the occupier of cultural property of the intended entry, and thereupon the officer or employee authorised as aforesaid
shall be g i ven access to such cultural property w h ere con s ervat i on, 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 cult ural p r operty in ord e r to co ndu ct ar ch aeolo
g ical 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, and at least three days notice is further given of any extension
of the duration of the occupation;
(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 a 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.
Power of entry and inspection.
Suspension notices.
shall suspend all activity in connection with the development work or excavation.
(2) The Superintendent may revoke any such suspension notice eit h er ab sol u tely o r subject to such cond itio ns as
th e Superintendent deems appropriate.
Conservation and protection order.
Cap. 319.
(2) If any action required to be taken by a conservation and pr otect io n ord e r h a s n o t b e en t a k e n wi th in t h e
t ime specif i ed therein, the Superintendent shall have the right to enter the cultural property and may for such purpose request
the assistance of the Police Force and take the required action, where applicable at the expense of the owner or the occupier or
the possessor.
(3) Saving the provisions of article 46 of the Constitution or of article 4 of the European Convention Act no precautionary order or warrant may be issued by any court restraining the Superintendent from issuing an order under this article
or of doing anything which he is authorised to do by this article.
Guardianship. 48. (1) The Superintendent may with the authority in writing of the Minister, in concurrence with the Minister responsible for lands, enter by public deed, into a guardianship contract with a local council or with a non-government organization whereby the custody and admi nistrat i on of i mmovable cultural property i s
p a ssed over to the local coun cil o r the n on-gov ernm ent organisation, as the case may be, in accordance with the provisions
of this Act and of such regulations as may be prescribed and to such conditions not 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 cas e bas i s , following the c a reful consideration of
the feasibility and scale of undertaking of each proposal.
(2) The Minister shall, however, within four weeks after its publi cation, or if the House i s 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 guard ianship deed the Ministry shall seek the views of the Committee
as to the conditions to be included in the guardianship deed; such cond itions shall in particular address the following matters:
safeguard the cultural property subject to the guardianship deed; and
(b) the conservation and management plan relative to the cultural property, and the organisational, operational and financial
arrangements in connection therewith, and the organisational, operational and financial resources to be dedicated therefor.
(4) A guardianship deed shall not prejudice any powers of any Entity under this Act with regard to the cultural property subject
to the guardianship deed.
(5) The cultural property subject to the guardianship deed shall remain the property of the Government.
(6) The Minister after consulting the Superintendent and the Committee may at any time by Orde r in the Gazette rescind a guardianshi
p d eed if any cond iti ons sti pul at ed t h erei n or th e provisions of this Act or of any regulations made thereunder are not
observed by the other party.
(7) Not later than six weeks after each anniversary of a guardianship deed the party in whose custody the cultural property
is placed shall transmit to the Minister, the Superintendent and the Com m i t t ee a repo rt of i t s act iv iti es in relat i on
to th e cu ltu ral prop erty an d on th e w ay it has exe cut ed t he gu ardi ansh ip deed during the previous year. A copy of such
report shall be laid on the Table of the House by the Minister.
(8) The Minister may make regulations generally prescribing rules in relation to guardianship.
(2) The Minister may, after consulting the Committee, 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.
International conventions, etc.
Return of stolen and illegally exported cultural property.
Right of appeal.
PART VIII
Provisions regarding religious cultural heritage.
Wilful damage or destruction of certain property. Amended by:
L.N. 426 of 2007.
RELIGIOUS CULTURAL HERITAGE
(2) Cultural property belonging to, and destined or used for religious purposes by any denomination other than that mentioned
in subarticle (1) may be placed by the relevant and competent
r e li gio u s a u th or ity u nder t h e exclu s ive re gul atio n and superintendence of a religious cultural heritage commission.
Each
such religious cultural heritage commission shall be appointed for a period of t w o y e ars by t h e relevan t and co mpeten t reli
giou s
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 subarticles (1) and (2) shall hav e the same p o wers and duti e s with regard to t h e cult
ural 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 subarticle (1) or with
the relevant and competent re ligiou s authorities mentioned in subarticle (2), may prescribe rules regulating the powers and duties
of, and the procedures and practices which should be followed by the commissions mentioned in subarticles (1) and (2).
PART IX
OFFENCES
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 46 or with a conservation or protection order
made in accordance with article 47; 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 Centre, or of the Committee 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,
shall be guilty of an offence against this Act and shall be liable, on conviction, to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) and not exceeding one hundred
and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (€116,468.67), or to imprisonment for a term not
exceeding six yeas, 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 ar ti cl e shall no t be less than the value of any work re qu ir ed to remedy
the effects of the offence.
(2) The liability of an offender under subarticle (1) shall be with out preju d ice to the l i abil ity of the o ffen d er t o
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 thi s article, shall order the convi cted 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 i n such a permit, as the case may be, within a tim e suff icient for the purpose and in any case not exce eding
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 fifty-eight euro and t we nt y -t hre e c en ts (58 . 23 ) a nd n o t m ore t han on e hu nd red an d sixteen euro
and forty-seven cents (116.47), as the court may fix, for every day the default continues after the expiration of the said time.
Power to prosecute and to assist the Police and other officers.
Power to make regulations.
(2) Officers of the Superintendence may assist the Police, Customs or any oth e r Gov e rnment bod y, w h en 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 X
REGULATIONS
(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 35;
(l) to establish the parameters within which, and the types of cultural property in respect of which, the powers under articles
40 and 41 shall be exercised;
(m) to grant to persons feeling aggrieved by any action undertaken under the provisions of articles 40 to 42,
46 and 47, procedures whereby to contest such exercise and obtain a remedy if successful;
(n) to establish an appeal board and to regulate all procedure in respect of the same, for putting into effect the provisions
of the preceding paragraph;
(o) to provide for the form and procedure in respect of applications and the grant of permits for interventions in cultural property
under article 44, and to provide for appeals from decisions of the Superintendent on the same;
(p) to prescribe anything else which may or is to be prescribed under this Act.
PART XI
MISCELLANEOUS
Saving.
SCHEDULE
(Article 41)
RATE OF EXPORT DUTY
Value of object Export Duty On the first €232.94 or part thereof 10 per cent. On the second €232.94 or part thereof 20 per cent. On the third €232.94 or part thereof 30 per cent. On the fourth €232.94 or part thereof 40 per cent. On any further value 50 per cent.
Substituted by: L.N. 426 of 2007.
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