Protecting our heritage assets - the history of Maltese legislation

Legislation in the field of conservation of historic assets is a fairly recent development in the Maltese Islands and did not develop in tandem with the rest of our European counterparts.

The earliest piece of local legislation dates back to 1925 with the Antiquities (Protection) Act. A list of protected sites was formulated in 1932 and it was intended for the list to be amended from time to time.

According to a report published by ICOMOS Malta in 2001, this list failed to materialise. This is however not precise, since the list was amended regularly until the end of World War II and the updates were even published in the Government Gazette from time to time.

There was even a special edition for Gozo. At the end of the war, a committee was given the task of reviewing the list in view of the many losses that occurred during the war.

Even so, it was only after 1987 that concrete developments in the field of conservation started taking shape in Malta. The Valletta Rehabilitation Committee, co-ordinated by the able Ray Bondin, was set up in the summer of 1987, with the specific mandate to promote the conservation and restoration of the heritage and cultural assets in Valletta.

The Mdina Rehabilitation Committee and the Cottonera Rehabilita-tion Committee were later set up, with similar mandates to save the heritage assets of Mdina and Cottonera respectively.

Yet, the most effective piece of legislation geared to protect our historical assets came into force with the advent of the Development Planning Act in 1992, despite the consistent criticism levelled at MEPA as failing its function to protect our built heritage.

This Act identified the need of a Structure Plan, which incorporates the specific need to protect architectural and cultural heritage. The plan, in an unprecedented move, identified Urban Conservation Areas, within which specific policies have been set out for "the retention and enhancement of all buildings, structures, and spaces of architectural or historical interest, the redevelopment to Conservation Area standards of any ugly or alien buildings which have been allowed to despoil the area in the past, the rationalisation and control of traffic movement and parking including where appropriate pedestrian priority measures, the placing underground of all electricity and telecommunications cables, and the improvement of townscape and landscape." (Structure Plan for the Maltese Islands - Planning Authority, Malta 1992).

This Act also identified the need to review a list from time to time, containing buildings, structures or remains of "geological, palaeontological, archaeological, architectural, historical, antiquarian or artistic importance, as well as of natural beauty, ecological or scientific value." The Act also identified the concept of conservation order where the Authority is vested with the right to "make conservation orders.

"This Act was invariably the most successful piece of local legislation in the field of conservation, and since its inception, there was a remarkable increase in the percentage area that has been designated for conservation from 10 to 20 per cent of the whole land area of the Maltese Islands.

In contrast with the 1970s and 1980s, where old buildings were being demolished to pave way for new construction without little consideration, the Planning Authority was being far more stringent. Contrary to common perceptions, demolition of old buildings was only considered if it could be unequivocally justified in terms of the specific material considerations governing the site and surrounding context.

Nevertheless, ICOMOS Malta, in their Heritage at Risk 2001-2002 report, called for the urgent need to renew existing heritage protection legislation and the need to increase penalties for infringements of the law.

This report also defined the need to increase funding of heritage as well as to develop a concerted action to develop public awareness and closer co-operation between ministries and departments responsible for architectural heritage.

This plea was in a way accomplished by way of the enactment of the Cultural Heritage Act, coming into force in August 2002 aimed to "fulfil the duties of the State in ensuring the protection and accessibility of Malta's cultural heritage" and ensure that Malta's cultural heritage is "adequately protected, conserved and promoted."

The Act, which repealed the Antiquities (Protection) Act, stands independently from the Development Planning Act. It focuses solely on the protection of our heritage assets, laying down a broader legislative framework. This Act called for the appointment of a Superintendence of Cultural Heritage, whose specific role was to ensure the "protection and accessibility of cultural heritage".

Among other considerations, his duties specifically include the compilation of a national inventory of cultural property, including property belonging to the Catholic Church, the promotion of research and standards in the field of heritage, the compilation of adequate documentation in relation to excavations, environmental impact assessments, and exploration works and commending sites and buildings for scheduling to the Planning Authority (now the Malta Environment and Planning Authority).

During the course of recent years there has also been a parallel effort to ensure effective action to foster research and training skills in the field of conservation, with the setting up of various educational institutions specialising in the sector.

Against this background, it cannot be overlooked that the post-1987 period is by far the most significant period in Maltese history, towards ensuring a concerted action in the field of conservation and better management of our historic assets.

rmperiti@onvol.net

Mr Musumeci, the mayor of Siggiewi, also holds a Master of Science in Conservation Technology for Masonry Buildings.