Provided that the completed study shall be published not later than three years from the conclusion of the excavations.
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Art. 66
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66.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.
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International conventions, etc.
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Renumbered by:
\n
XIX.2019.51.
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CULTURAL HERITAGE Return of stolen and illegally exported cultural property.
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Renumbered by:
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XIX.2019.51.
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Art. 67
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67.(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).
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Right of appeal.
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Substituted by:
\n
XIX.2019.52.
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Art. 68
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(1)Any person who feels aggrieved by a decision of the Superintendent under articles 54, 55, 57, 62 and 63 shall have a right to appeal before the Administrative Review Tribunal established by article 5 (1) of the Administrative Justice Act.
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(2)The Minister may, after consulting the Council, by regulations prescribe rules to give effect to any of the provisions of the said Convention and the provisions of any such regulations shall have effect notwithstanding the provisions of any other law to the contrary.
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(2)The appeal to the said Tribunal shall be filed not later than twenty days of service of the decision of the Superintendent:
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Provided that the filing of an appeal shall not suspend the execution of the decision appealed from.
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(3)The Administrative Review Tribunal may, in its determination on any appeal entered in accordance with sub-article (1), confirm, reverse or vary, in whole or in part, the original decision.
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Substituted by:
\n
XIX.2019.53.
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PART X
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RELIGIOUS CULTURAL HERITAGE Provisions regarding religious cultural heritage.
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Substituted by:
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XIX.2019.54.
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Amended by:
\n
XLI.2021.28.
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Art. 69
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69.(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.
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(2)Cultural property belonging to, and destined or used for religious purposes by any denomination other than that mentioned in sub-article (1) may be placed by the relevant and competent religious authority under the exclusive regulation and superintendence of a religious cultural heritage commission. Each such religious cultural heritage commission shall be appointed for a period of two years by the relevant and competent religious authority, and shall consist of three experts one of whom shall be so appointed after consultation with the Minister.
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(3)The commissions referred to in sub-articles (1) and (2) shall have the same powers and duties with regard to the cultural property under their superintendence as the Superintendent, and shall give a report about their work to the Forum:
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Provided that where such commissions are not so appointed the regulation and superintendence of the property falling under CULTURAL HERITAGE their competence will vest in the Superintendent.
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(4)The Minister, after full consultation with the President of the Malta Episcopal Conference mentioned in sub-article (1) or with the relevant and competent religious authorities mentioned in sub-article (2), may prescribe rules regulating the powers and duties of, and the procedures and practices which should be followed by the commissions mentioned in sub-articles (1) and (2):
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Provided that religious authorities and, or their respective superintendencies may delegate any function to the Superintendence established under article 7.
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PART XI
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Substituted by:
\n
XIX.2019.55.
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OFFENCES
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Art. 70
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70.(1) Any person who: (a) wilfully, or through negligence, unskillfulness or nonobservance of regulations causes damage to or destroys any cultural property whether or not such cultural property has been registered in any inventory in accordance with this Act, and even if such cultural heritage property is owned by the person who has caused the damage or destruction, or is lawfully administered by such a person; (b) carries out any activity or does any act in contravention of the provisions of this Act or of any regulation made thereunder or of the conditions of any licence or permit issued under this Act or fails to do anything which he is required to do under this Act, regulation or licence; or (c) acts as a conservator-restorer when he is not in possession of a warrant under Part VI of this Act; or (d) fails to abide with any suspension notice issued in accordance with article 62 or with a conservation or protection order made in accordance with article 63; or (e) receives or retains any cultural property knowing that it has been illegally removed in Malta or illegally exported from any other country; or (f) hinders, obstructs, molests or interferes with, or attempts to hinder, obstruct, molest or interfere with, any officer or employee of the Superintendence, or of the Agency, or of the Council or any police officer, in the execution of duties provided for under this Act, or fails to comply with any lawful order by any such officer or employee or police officer as aforesaid, or knowingly furnishes such officers or employees with false information or neglects or refuses to give any information required by or under this Act; or (g) makes a declaration for any of the purposes of this Act which is false, misleading or incorrect in any material respect; or Wilful damage or destruction of cultural property.
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Amended by:
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L.N. 426 of 2007.
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Renumbered/ Amended by:
\n
XIX.2019.56;
\n
XLI.2021.29.
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CULTURAL HERITAGE (h) any person who knowingly is in possession of any form of cultural property which was acquired illegally and retained by such person, shall be guilty of an offence against this Act and shall be liable, on conviction, to a fine (multa) of not less than two thousand euro (€2,000) and not exceeding two hundred and fifty thousand euro (€250,000), or to imprisonment for a term not exceeding six (6) years, or to both such fine and imprisonment:
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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.
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(2)The liability of an offender under sub-article (1) shall be without prejudice to the liability of the offender to pay to the Superintendent any cost incurred in the reintegration, or restoration of the cultural property caused by the offence, or to pay into the Fund the value of the cultural property destroyed or damaged when the same cannot be reintegrated or restored. Such payment may be recovered by civil suit by the Superintendent against the offender or his heirs.
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(3)The Court, besides awarding the punishment referred to in this article, shall order the convicted offenders to remove the causes of the offence and to undo anything which was done without any permit required under this Act or to comply with the conditions imposed in such a permit, as the case may be, within a time sufficient for the purpose and in any case not exceeding three months from the date of the judgement and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a further fine (multa) of not less than two hundred euro (€200.00) and not more than five hundred euro (€500), as the court may fix, for every day the default continues after the expiration of the said time.
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Power to prosecute and to assist the Police and other officers.
\n
Renumbered/ Amended by:
\n
XIX.2019.57.
\n
Substituted by:
\n
XIX.2019.58.
\n
Art. 71
\n
71.(1) In prosecutions for offences against this Act or against regulations under this Act, officials of the Superintendence shall to assist the police, and to plead the case before the Courts of Magistrates.
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(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.
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PART XII
\n
REGULATIONS Power to make regulations.
\n
Renumbered/ Amended by:
\n
XIX.2019.59;
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Amended by:
\n
XLI.2021.30.
\n
Art. 72
\n
72.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 CULTURAL HERITAGE 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 accreditation as established in article 39; (l) for to establish the parameters within which, and the types of cultural property in respect of which, the powers under articles 54 and 55 shall be exercised; (m) to publish the requirements for accreditation of nongovernment organizations in accordance with article 7(5)(m); (n) to establish the list of Heritage Skills; (o) to provide for the form and procedure in respect of applications and the grant of permits for interventions in cultural property under article 59, and to provide for appeals from decisions of the Superintendent on the same; (p) to establish the rules relative to the aptitude test; (q) to establish guidance, rules and regulations and to provide for the form and procedure for the entrustment of public collections and sites; (r) to provide for administrative infringements and fines including out of court settlements; (s) to prescribe anything else which may or is to be CULTURAL HERITAGE prescribed under this Act.
\n
Substituted by:
\n
XIX.2019.60.
\n
PART XIII
\n
MISCELLANEOUS Saving.
\n
Renumbered by:
\n
XIX.2019.61.
\n
Art. 73
\n
73.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.
\n
Substituted by:
\n
L.N. 426 of 2007;
\n
XIX.2019.62;
\n
XLI.2021.31.
\n
SCHEDULE (Article 54) RATE OF EXPORT DUTY Certificate for movement within the A d m i n i s t r a t i o n F e e : € 6 5 EU - applies for both \"import\" and including VAT \"export\" from any EU State Express Fee: €200 including VAT Certificate for export/re-export (to 15% ad valorem fee of the outside the EU) of cultural heritage declared value or as established items over fifty (50) years old in the Act, plus:
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Administration Fee: €65 including VAT Express Fee: €200 including VAT