CULTURAL HERITAGE g CAP. 445.  1
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;
1st January, 2003
ACT VI of 2002, as amended by Act XVIII of 2002.
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 Miscellaneous 56-57
SCHEDULE Rate of Export Duty
2 g CAP. 445. CULTURAL HERITAGE
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:
''Agency'' means the operating agency set up under article 8;
''Centre'' means the Malta Centre for Restoration referred to in
article 10;
''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;
''Committee'' means the Committee of Guarantee established by
article 14;
''conservation'' means any activity required to maximise 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;
''Conservation and Protection Order'' shall have the meaning
assigned to it in article 47;
''conservator-restorer'' means a professionally qualified person
holding a warrant under this Act;
Cap. 226.
''contiguous zone'' has the meaning as is assigned to it by the
Territorial Waters and Contiguous Zone Act;
''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, landscapes,
groups of buildings, as well as scientific collections, collections of
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
forming part of the cultural heritage;
Cap. 356.
''development'' has the meaning assigned to it in the
Development Planning Act;
''Entities'' means the Superintendence, the Agency, the Centre,
the Committee and the Fund, and Entity shall be construed
accordingly;
''exploration'' means an activity 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
CULTURAL HERITAGE g CAP. 445.  3
not yet documented on the national inventory of cultural property;
''financial year'' means the period of twelve months ending on the
thirtieth day of September in any year:
Provided that the first financial year with respect to an
Entity shall consist of the period commencing on the date of the
coming into force of the relative articles of this Act referring to
such Entity, and ending on the thirtieth day of September of the
following year;
''Forum'' means the National Forum for Cultural Heritage
established in article 15;
''function'' includes responsibilities, powers and duties;
''Fund'' means the Cultural Heritage Fund estabished 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
aimed 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 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;
''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;
''holder'' shall mean the person physically holding a cultural
object on behalf of third parties;
Cap. 363.
''Local Council'' means a local council established under the
Local Councils 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;
''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
exhibits for the purpose of study, education 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
dominus, the sub directus dominus, the emphyteuta, the sub
emphyteuta, the bare owner and the usufructuary;
4 g CAP. 445. CULTURAL HERITAGE
''officer'' and ''employee'' includes a public officer detailed for
duty in any of the entities, committees or bodies established under
this Act;
Cap. 356.
''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;
''right of preference'' means the right granted to the
Superintendent by and in accordance with article 40;
''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;
''suspension notice'' has the meaning assigned to it in article 46;
Cap. 226.
''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;
''warrant means the warrant granted in accordance with Part VI
of this Act, and warrant holder shall be construed accordingly.
Objects to which 
provisions of this 
Act apply.
3. 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
Principles and 
duties.
4. (1) The provisions of the following subarticles 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
CULTURAL HERITAGE g CAP. 445.  5
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 documentate,
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
accordance with the principles of integrated conservation,
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.
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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.
6. 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
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 fulfill
the duties of the State to ensure the protection and accessibility of
cultural heritage as defined in this Act.
Legal personality 
and judicial 
representation.
(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
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
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.
Appointment of 
Superintendent.
(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.
Functions and 
duties of the 
Superintendence.
(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:
CULTURAL HERITAGE g CAP. 445.  7
(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
accesibbility 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;
Cap. 88.
( 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
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from time to time assign to it.
Operating agency. 8. (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.
Legal and judicial 
representation.
(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.
Functions of 
Agency.
(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,
CULTURAL HERITAGE g CAP. 445.  9
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 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.
Board of Directors.
consisting of not less than five and not more than nine members,
one of whom shall be the Chairperson, another the Deputy
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.
10 g CAP. 445. CULTURAL HERITAGE
(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.
Malta Centre for 
Restoration.
10. (1) ( a ) The Malta Centre for Restoration established by
the Minister responsible for education together
with the University of Malta is hereby re-
established and reconstituted as a body corporate
having a distinct legal personality 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, 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 and presentation of the cultural
heritage, and to provide conservation and
restoration services and consultation  as may 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
Centre, to appear in its name and on its behalf in any judicial
proceedings and on any act, contract, instrument or other document
whatsoever.
(3) The Centre shall be governed by a Board of Governors
(hereinafter in this article referred to as the Board) consisting of
not less than five and not more than nine members, which shall be
composed as follows:
(i) a Chairperson and one other member appointed
by the Council of the University of Malta;
(ii) two members appointed by the Minister;
(iii) a member appointed by the Minister responsible
for the environment;
CULTURAL HERITAGE g CAP. 445.  11
(iv) up to four members nominated by the Board,
from among the institutions co-operating with
the Centre, and appointed by the Minister jointly
with the University of Malta.
The Chairperson and members of the Board, shall be
appointed or co-opted, as the case may be, for a period of three
years renewable for further periods of three years each.
(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 Centre 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
meetings.   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, 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.
Functions of 
Centre.
11. The aims and functions of the Centre shall be:
( 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
12 g CAP. 445. CULTURAL HERITAGE
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
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;
S.L.343.26
( 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.
12. (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 public 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 five years:
Provided that the first Strategy Document shall be drawn up
CULTURAL HERITAGE g CAP. 445.  13
within twelve months from the coming into force of this Act.
Relations with the 
Minister.
(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.
Exemption from 
certain taxes.
13. The Superintendence, the Agency and the Centre shall be
exempt from any liability for payment of any tax, other than
customs or excise duties, or tax on income or duty on documents
for the time being in force in Malta.
Committee of 
Guarantee.
14. (1) There shall be a Committee of Guarantee, which shall
be composed as follows:
( a ) a Chairperson appointed by the Minister;
( b ) a person appointed by the Minister responsible for
tourism;
( c ) a person appointed by the 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
14 g CAP. 445. CULTURAL HERITAGE
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 Committee shall regulate its own
proceedings.
Functions of the 
Committee.
(6) The Committee shall:
( a ) without prejudice to the provisions of this Act, co-
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
contract or other action made or proposed to be made by the
Committee, shall disclose the nature of his interest at the first
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.
15. (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 Committee of
Guarantee.
CULTURAL HERITAGE g CAP. 445.  15
(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.
National Forum.
Forum for Cultural Heritage inviting the participation therein of the
Superintendence, the Agency, the Centre, the Committee, 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 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
Staff appointments.
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, by
the Chairperson of the Board of Governors 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 determined by each Entity with the approval of the
Minister.
Appointments and 
functions of 
officers and 
employees.
(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.
Detailing of public 
officers.
18. (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
16 g CAP. 445. CULTURAL HERITAGE
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.
Status of public 
officers.
(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 
Cap. 93.
Cap. 58.
( 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, 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 officer detailed for duty with such
entities as aforesaid during the period in which such officer is so
detailed.
CULTURAL HERITAGE g CAP. 445.  17
Offers of 
permanent 
employment to 
public officers 
detailed for duty 
with the Entities.
19. (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 18 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.
Cap. 93.
Cap. 58.
(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 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
18 g CAP. 445. CULTURAL HERITAGE
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
the Constitution, no person may, following 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.
20. (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 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 part  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.
21. (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 Minister, 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:
CULTURAL HERITAGE g CAP. 445.  19
Provided that for any amount in excess of fifty thousand
liri, there shall be required the approval of the Minister in writing.
Advances from 
Government.
22. 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 made by the Minister responsible for finance out of the
Consolidated Fund, and without further appropriation other than
this Act, by warrant, authorising the Accountant General to make
such advance.
Borrowing from 
Government.
23. (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 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
subarticle (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 subarticle (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.
Estimates of the 
Entities.
24. (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
20 g CAP. 445. CULTURAL HERITAGE
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.
Expenditure 
according to the 
approved 
estimates.
25. (1) No expenditure shall be made or incurred by an Entity
unless it has been approved by the House as provided in article 24.
(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
CULTURAL HERITAGE g CAP. 445.  21
estimates.
Publication of 
approved 
estimates.
26. All estimates and supplementary estimates approved by the
House shall, as soon as practicable, be published in the Gazette.
Accounts and 
audit.
27. (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 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).
Deposit of 
revenues and 
payment by the 
entities.
28. (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
22 g CAP. 445. CULTURAL HERITAGE
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.
Contracts of supply 
and of works.
29. An Entity shall not enter into any contract for the supply of
goods or materials or for the execution of work or for the rendering
of services, to or for the benefit of the Entity, which is estimated by
it to involve an expenditure exceeding three thousand liri, except
after notice of its intention to enter into such contract has been
published and competitive tenders have been issued.
Annual report. 30. Each Entity shall, not later than six 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 24.
PART VI
CONSERVATION PROFESSIONALS
Qualifications for 
warrant.
31. (1) No person shall exercise the profession of
conservator-restorer unless he is the holder of a warrant under
article 33.
(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
CULTURAL HERITAGE g CAP. 445.  23
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.
Special 
circumstances.
32. Notwithstanding the provisions of article 31, a person may
be granted a warrant if he possesses:
( 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.
Warrant to practice 
as a conservation 
professional.
33. (1) The warrant to practise the profession of conservator-
restorer shall be granted by the Minister on the recommendation of
the Board referred to in article 34 to any person who satisfies the
requirements of articles 31 or 32.
(2) A warrant holder may use the designation Conservator-
Restorer with his name.
Regulations in 
relation to mutual 
recognition of 
qualification.
Added by:
XVIII. 2002.10.
Cap. 450.
33A.  The Minister may make regulations for bringing into effect
the provisions of the Mutual Recognition of Qualifications Act and
subsidiary legislation issued thereunder, in relation to the mutual
recognition of qualifications of Conservator-Restorer.
24 g CAP. 445. CULTURAL HERITAGE
Bord tal- Warrant 
tar-Restawraturi.
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 conditions as may be set out in his letter 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 
( b ) two other persons, appointed by the Minister not being
themselves persons who will apply for a warrant,  and
who in his opinion possess the competence to assess
the first applicants for the warrant.
Functions of the 
Board.
35. (1) The functions of the Board are to -
( a ) consider applications for the issue of a warrant, and
make its recommendations thereon to the Minister;
CULTURAL HERITAGE g CAP. 445.  25
( b ) organise and regulate, and determine requests for
exemptions from the professional warrant examination
in accordance with articles 31 and 32;
( c ) regulate the conditions of practical training abroad in
accordance with the provisions of article 31;
( d ) approve universities or academic institutions in
accordance with article 31;
( e ) organise and regulate the appropriate tests and periods
of  practical training, as provided for in article 32;
( f ) consider and determine applications by warrant
holders, other professionals and other  persons in the
field of conservation and restoration for accreditation
to perform particular work, interventions or
procedures in connection with cultural property, and to
grant or withhold accreditation accordingly; 
( g ) to draw up a code of ethics and guidelines of practice
for warrant holders and persons accredited under this
subarticle;
( h ) encourage initiatives that ensure programmes of
continued professional training and development for
warrant holders and persons accredited under this
article; and
( i ) advise the Minister in connection with any matter
relating to the profession of conservator-restorer and
to accreditation.
(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 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 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, intervention or procedure for which 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 respect to each 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.
Suspension or 
revocation of 
warrant.
36. (1) The Minister may, by order in writing, suspend, revoke
or cancel a warrant if the warrant holder:
26 g CAP. 445. CULTURAL HERITAGE
( 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.
Cap. 12.
(2) A decision of the Board under subarticle (1)( a ) shall be
subject to appeal before the Court of Appeal constituted as
provided in article 41(6) of the Code of Organization and Civil
Procedure.
(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).
(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.
Effects of 
revocation or 
suspension of 
warrant.
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 .
Minister may issue 
fresh warrant.
38. The Minister, acting on the recommendation of the Board,
referred to in article 34 may, after the expiration of one year from
the date of the revocation or withdrawal of a warrant, issue a fresh
warrant subject to such conditions as the Minister on the
recommendation of the Board may deem necessary.
Conservation 
technician.
39. (1) The Board mentioned in article 34 shall keep a register
with the details of every  person, being a person trained or with
experience of specific conservation procedures or who  has
experience of specific aspects of preventive conservation and who
is in possession of a certificate of conservation technician awarded
CULTURAL HERITAGE g CAP. 445.  27
under the regulations that establish standards and levels regarding
professional and vocational qualifications.
(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;
S.L.343.26
( 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
Regulations.
PART VII
SPECIAL POWERS OF THE STATE
Right of 
preference.
40. (1) In the case of sale, export, exchange, emphyteutical
grant or lease of an object of cultural property the Superintendent
shall have the right, with the approval of the Minister in
consultation with the Committee of acquiring the same, in
preference to all others on equal conditions including consideration
as that concluded between the parties:
Provided that 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.
Control of 
exportation and re-
exportation.
41. (1) No person may export or re-export any cultural
property without the written permission of the Superintendent.
(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
28 g CAP. 445. CULTURAL HERITAGE
subarticle (2) 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.
(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 agreement between the Minister and
exporter or, in default of agreement, by the Court of Appeal
(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
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.
Repair and 
restoration by 
Government.
42. The Superintendent may after consulting the Committee 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 effect the said works at the expenses of such
person.
Exclusive right to 
excavate.
43. (1) Archaeological or palaeontological excavations or
explorations 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
45(4), 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 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
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
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 stop work.
(4) Any person who following a notice to stop work suffers any
CULTURAL HERITAGE g CAP. 445.  29
damage because of the interruption of the works shall have a right
to be compensated for such damages by the Superintendent.
Cap. 88.
(5) Within three months of a notice to stop the works the
Government shall institute procedures to acquire the site in
accordance with the Land Acquisation (Public Purposes)
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 contiguous zone whether found in authorised or illegal
excavations or exploration or accidentally 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 otherwise, shall be given by the person
responsible for such excavation or exploration to the
Superintendent.
Development 
permissions and 
cultural property.
Cap. 356.
44. (1)  The Superintendent may commend for scheduling to
the Planning Authority such sites and buildings which he deems
should be scheduled within the meaning of the Development
Planning Act. 
(2) The Superintendent shall make use of the list of scheduled
property for the purpose of the inventory under article 7(5).
Permit for 
interventions on 
cultural property.
(3) No person shall make any interventions on such cultural
property or classes thereof without first having obtained a permit
therefor from the Superintendent as may 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 or inspection by such persons
accredited  under this Act for the purpose as may be required by the
Superintendent, and such research on the history, composition
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
documented or recorded, that a report on the work be delivered to
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
permit, of such warrant holder, professional or other person
accredited under this Act for such work.
Power of entry and 
inspection.
45. (1) Any officer or employee of the Superintendence duly
authorised in writing by the Superintendent may enter any area,
30 g CAP. 445. CULTURAL HERITAGE
property, site under investigation 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 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
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, 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.
Suspension 
notices.
46. (1) Where any development or other work is being carried
out in respect of any cultural property in contravention of any of
the provisions of this Act, or any person holding a licence to carry
out archaeological excavations under this Act does not conform to
any condition attached to such licence, the Superintendent may
serve a suspension notice on the owner, possessor or holder of the
cultural property or any other person carrying out the development
works or excavation and thereupon the person served with the order
shall suspend all activity in connection with the development work
or excavation.
(2) The Superintendent may revoke any such suspension notice
either absolutely or subject to such conditions as the
Superintendent deems appropriate.
Conservation and 
protection order.
47. (1) The Superintendent may in the case of any
infringement of any of the provisions of this Act or of any
regulations made thereunder serve a conservation and protection
CULTURAL HERITAGE g CAP. 445.  31
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, 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
Police Force and take the required action, where applicable at the
expense of the owner or the occupier or the possessor.
Cap. 319.
(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.
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 administration of immovable cultural property is
passed over to the local council or the non-government
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 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 Ministry shall seek the views of the
Committee as to the conditions to be included in the guardianship
deed; such conditions shall in particular address the following
matters:
( a ) the protective measures that are to be taken to
safeguard the cultural property subject to the
guardianship deed; and
( b ) the conservation and management plan relative to the
cultural property, and the organisational, operational
and financial arrangements in connection therewith,
and the organisational, operational and financial
resources to be dedicated therefor.
32 g CAP. 445. CULTURAL HERITAGE
(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 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) 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
Committee a report of its activities in relation to the cultural
property and on the way it has executed the guardianship deed
during the previous year.  A copy of such report shall be laid on the
Table of the House by the Minister.
(8) The Minister may make regulations generally prescribing
rules in relation to guardianship.
International 
conventions, etc.
49. 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.
Return of stolen 
and illegally 
exported cultural 
property.
50. (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 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.
Right of appeal. 51. Any person who feels aggrieved by a decision of the
Superintendent under articles 40 to 42, 46 and 47 shall have a right
of appeal as may be prescribed under article 55. An apeal shall not
suspend the decision appealed from.
PART VIII
RELIGIOUS CULTURAL HERITAGE
Provisions 
regarding religious 
cultural heritage.
52. (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. 
CULTURAL HERITAGE g CAP. 445.  33
(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
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 subarticles (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 subarticle (1) or with
the relevant and competent religious 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
Wilful damage or 
destruction of 
certain property.
53. (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 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
34 g CAP. 445. CULTURAL HERITAGE
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 500 liri and not
exceeding 50,000 liri, 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
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 subarticle (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 twenty-five liri and
not more than fifty liri, 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.
54. (1) In prosecutions for offences against this Act or against
regulations under this Act, officials of the Superintendence shall
have the right 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.
CULTURAL HERITAGE g CAP. 445.  35
PART X
REGULATIONS
Power to make 
regulations.
55. 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 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
36 g CAP. 445. CULTURAL HERITAGE
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. 56. 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.
SCHEDULE
(Article 41)
RATE OF EXPORT DUTY
Value of object Export Duty
On the first Lm 100 or part thereof 10 per cent.
On the second Lm 100 or part thereof 20 per cent.
On the third Lm 100 or part thereof 30 per cent.
On the fourth Lm 100 or part thereof 40 per cent.
On any further value 50 per cent.
