Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Performance of functions

3. (1) A person performing a function under this Act shall recognise and take due account of the following principles in performing that function:

(a) that historic heritage is a non-renewable resource of great cultural and scientific importance which, in addition to its intrinsic value, provides evidence for the development of society and promotes public understanding and appreciation of all periods of the past;

(b) that the first option to be considered should be the protection in situ of historic heritage and that there ought to be a presumption in favour of this option;

(c) that any removal or alteration of historic heritage should be accompanied by all necessary and appropriate recording of such heritage;

(d) that (in particular, as regards the general function referred to in section 168 ) the Valletta Convention should be adhered to as well as any other international treaty, to which the State is a party, the provisions of which are aimed at promoting or securing the protection of the archaeological, architectural or other historic heritage;

(e) that responsibility for the protection of historic heritage is, as a resource of benefit to all, shared by all and, accordingly, that those permitted to remove or interfere with such heritage should, in the normal course, bear the costs of any recording or protective work necessitated by, or associated with, such removal or interference.

(2) The Minister, the Commissioners, the Board, the Council and each local authority, as relevant, and their officers, servants and agents, shall co-operate in the implementation of this Act.