​The Cultural Heritage Act of 2002:
Every citizen of Malta as well as every person present in Malta shall have the duty of protecting the cultural heritage as well as the right to benefit from this cultural heritage through learning and enjoyment. The cultural heritage is an asset or irreplaceable spiritual, cultural, social and economic value, and its protection and promotion are indispensable for a balanced and complete life… Every generation shall have the duty to protect this heritage and to make it accessible for future generations and for all mankind.


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Despite the language of this law, many archaeological sites in Malta, including tal-Qares, are still under threat of irreversible destruction!

Malta's Cultural Heritage 

Protection Laws 
                          ​need to be enforced!

Legislation should have increased the knowledge base about cultural heritage not only as a result of data from development-led archaeological investigations... however, with monitoring reports being submitted only to the Superintendence ...knowledge is not being generated to predict the location of areas with high archaeological potential when planning applications are considered by the Authority!

Legislating, protecting, knowing: legal issues and cultural heritage in the Maltese Archipelago
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~Chair of University of Malta's Archaeology Department,
​Professor Nicholas Vella 

The European Convention for the Protection of Archaeological Heritage 

 1) Archaeological management is essential.

​2) Mitigation measures must be sought to avoid damage to sites.

3) If excavation is considered unavoidable, the work must be carried out by qualified personnel and financed properly.

4) Data generation must be transformed into knowledge creation and disseminated to as wide an audience as possible.

The Cultural Heritage Act 2002

It is the duty of the Superintendent 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.
4(2): “The law requires that “data generated as a result of developer-funded archaeological interventions” is to reach the public.

The Operating Procedures and Standards for Archaeology Services 

6.22: Development works in archaeologically sensitive areas that include the following works are to be monitored at all times: 
a) all excavation works from ground surface level to subsurface and deeper levels such as removal of existing foundations, foundation trenches, service trenches, soil, debris and other materials, and rock-cutting; 
b) all works carried out near or within a building of historical importance. 
6.23 The archaeology monitor must identify and safeguard any cultural heritage remains which may be discovered during such development works.