Cap. 445 Art. 61Discovery of cultural property.

(1) Any person who, accidentally or otherwise, by any means discovers any object, site or building, or feature in a building or property or any other cultural property whether on land or sea to which this Act applies, shall immediately inform the Superintendent, keep the cultural property found in situ and shall not for a period of six working days, which may on reasonable ground be extended for a further period of six working days, after informing the Superintendent proceed with any work on the site where the object of cultural property is discovered.

(2) 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 suspend works in accordance with the provisions of this Act.

(3) Before determining appropriate action in accordance with this Act, the Superintendent may carry out investigations, including consultations with other entities or individuals, tests, excavations and site evaluations as prescribed in article 7, examinations or inspections and other assessments on the history, composition, provenance or other aspects of the relevant cultural property as may be required.

(4) Government shall have the right to acquire immovable cultural property so discovered in accordance with the Government

Lands Act:

Provided that the Agency shall be given a right of first refusal when it comes to the allocation of the immovable cultural property.

(5) Every movable object of cultural value discovered in any location within Malta, its territorial waters, and its contiguous zone irrespective of the method of discovery shall belong to Government and administered by the Superintendence in accordance with article 50.

(6) Whenever cultural property is discovered, the Superintendent may require:

(a) the discovery to be photographed or otherwise documented or recorded, and that the documentation be delivered to the Superintendent at such times as may be stated in the revocation notice;

(b) the drawing up of amended plans relative to any work, development or activity or any part thereof; and

(c) any work, development or activity or any part thereof to be carried out under monitoring or supervision as may be stated in the revocation notice, by such warrant holder, professional or monitor.