The cultural Heritage Act : an evaluation

Abstract

Malta's cultural heritage is governed by a series of legal instruments, and not solely by the Cultural Heritage Act. These provide a composite framework of institutions and legal provisions that regulate the protection and conservation of cultural heritage in their own varying ways. No single legal instrument has sole jurisdiction, and legal action in cultural heritage protection, conservation, superintendence and management issues, may be initiated under any active law. To these are added EU law and the international legal instruments to which Malta is a party and now incorporated into Maltese law. This thesis however proposes to be an evaluation of the Cultural Heritage Act - the only law in Malta purposely enacted to protect the islands' cultural heritage. This study analyses the administrative structure set up by the Act to provide for this protection, while evaluating the provisions vis-a-vis their enforcement and effectiveness. The wide purview of cultural heritage law extends obligations beyond the bodies set up by the Act, particularly local government and the voluntary, non-governmental sector. After a detailed analysis of this Act's most salient features, it is realised that in some respects this innovative law might not be effectively encompassing all the well-meaning aims of the legislature. Indeed, the Conclusion outlines the plausible reasons for this, bringing to the fore the numerous problems (legal and administrative) in the existing scenario, while suggesting possible ameliorations. The thrust of this thesis is that the Maltese should be proud of their national cultural heritage and that everyone is obliged to protect and conserve it. Some Maltese cultural heritage is simultaneously world heritage, in terms of the UNESCO World Heritage List, although it distinguishes us, giving us a particular identity so different from the rest. Its appreciation definitely enhances our life, and hence the need for its regulation.