In 2002, and most recently amended in 2024, Parliament passed the Cultural Heritage Act to promote improved management, conservation and restoration of national cultural heritage. It guarantees greater public accessibility and appreciation of Malta’s cultural treasures and ensures cultural and educational benefits for future generations.
At inception, it provided for the following entities to take over from the previous Department of Culture:
- the Superintendence of Cultural Heritage, to (a) establish, update, manage and publish a national inventory of cultural property; (b) exercise surveillance over cultural property; (c) excavate and monitor excavations and (d) advise the Minister responsible for Culture;
- Heritage Malta, responsible for ensuring that museums and other heritage property on the sister islands are conserved, restored, administered and managed in the best way possible;
- the Committee of Guarantee, created to enable and facilitate the collaboration between the different agencies with direct responsibility for the protection and management of the cultural heritage sector; and
- the National Archives, laid down by the National Archives Act of 1990, ensure that all documents of a public nature, which are no longer in use for the purpose of administration, shall be properly preserved and made reasonably accessible to the public for the purpose of study and research. In 2006, the National Archives and the Libraries Department became two separate entities. Through the National Archives Act (Cap. 477) the National Archives became a government agency intended to protect written memory. Moreover, a Council for National Archives was created in the same year, under the aegis of the Ministry of Education.
Malta has a legal framework aimed at protecting and managing its public and natural spaces. At the core of this framework is the Environment Protection Act (Chapter 549), which establishes the Environment and Resources Authority (ERA). This Act provides the foundation for environmental governance in Malta, including the protection of natural habitats, landscapes, and biodiversity. It also outlines procedures for environmental impact assessments and encourages public participation in environmental decision-making.
Complementing this is the Development Planning Act (Chapter 552), which regulates land use and spatial planning through the Planning Authority. This legislation governs zoning, development permits, and the designation of public open spaces and green areas, ensuring that development is balanced with environmental and community needs.
Another key piece of legislation is the Public Domain Act (Act XXV of 2016). This law designates certain lands and coastal areas as part of the public domain, meaning they are preserved for public use and environmental protection. It places restrictions on the privatisation or development of these areas, reinforcing their role as shared national assets. However, till 2025, it has not been implemented yet.
Additionally, the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) implement EU directives related to Natura 2000 sites. These regulations are crucial for the protection of endangered species and natural habitats, and they govern activities within protected areas to ensure ecological integrity.
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