Cap. 445 Art. 65Exclusive right to excavate.

(1) Archaeological or palaeontological excavations or explorations for cultural property, including investigations, field evaluations, survey and monitoring, on land as well as in the territorial waters or in the contiguous zone of Malta can only be made by the Superintendent, or with the written permission of the Superintendent and in accordance with any condition attached thereto:

Provided that without prejudice to the provisions of article 60, it shall be lawful for the Superintendent to undertake or cause excavations to be carried out for the purposes of this Act in any part of Malta, whenever such excavations are considered to be expedient and subject to any regulations made under article 72(d):

Provided further that the provisions of this article shall apply without prejudice to the provisions of article 61.

(2) When authorising activities referred to in sub-article (1), the Superintendent shall among other considerations and conditions that may be necessary, ensure that:

(a) appropriate protective measures are taken to safeguard the cultural property subject to such activities;

(b) such activities are undertaken according to a scientific research proposal, a methodology of the proposed activities, publication programme, a conservation and management plan for the cultural property and any object derived therefrom, adequate financial arrangements in connection therewith, and the organisational, operational, and financial resources to be dedicated therefor;

(c) the production of adequate financial guarantee;

(d) such authorized activity will have the least impact possible on the cultural property, and that non-destructive methods of investigation are applied wherever possible during such activity;

(e) such activities and excavations and other potentially destructive techniques are carried out only by qualified, authorised persons; and

(f) a full copy of the records of any such authorized activity shall be deposited by the authorized person with the Superintendent.

(3) The Superintendent may establish and designate archaeological reserves, even where there are no visible remains on the ground or under water, for the preservation of material evidence to be studied by later generations:

Provided that the creation of such archaeological reserves will be a material consideration in assessing:

(a) authorisations for archaeological and paleontological excavations; and

(b) permits for developments and other interventions impacting cultural property in accordance with article 59.

(4) The Superintendent shall include such archaeological reserves in the National Inventory.

(5) The Superintendent shall take all practical measures to ensure the drafting, following archaeological operations, of a publishable scientific summary record before the publication of the completed study:

Provided that the completed study shall be published not later than three years from the conclusion of the excavations.