Maltese legislation protecting underwater cultural heritage

Abstract

Malta's rich cultural heritage has been regulated by a series of laws. In 2002, the Maltese Parliament enacted the Cultural Heritage Act which was to replace older legislation. The Act introduced a series of bodies and agencies, with the aim of protecting, preserving and promoting the cultural heritage. The underwater cultural heritage forms part of this cultural heritage which unfortunately is sometimes forgotten. This could be due to the remoteness of the submerged heritage. This study undertakes to define underwater cultural heritage, its importance and why it should be protected. This thesis "goes deep" into the subject and examines whether the present legislative setup is providing adequate protection to a fast disappearing heritage. The thesis takes an insight as to whether the Cultural Heritage Act is in practice reflecting what the legislator intended. Various interesting interviews were made with different people, who all have the underwater heritage at heart. This research takes a look at foreign legislation and reviews the different mechanisms in place that were created with the enactment of such laws. The final pages of this thesis aim to indentify the various problems faced and suggest reforms to the present scenario to enhance the protection, preservation and promotion of our underwater cultural heritage. The main aim of this work is to take a look at how the Maltese underwater cultural heritage has been protected through the years and whether the present legislative mechanism is enough to offer the required protection.