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Megalithic Temples of Malta (Malta) (C132 Bis) Proposal for a Minor Boundary Modification – Establishment of Buffer Zones

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Megalithic Temples of Malta (Malta) (C132 Bis) Proposal for a Minor Boundary Modification – Establishment of Buffer Zones Megalithic Temples of Malta (Malta) (C132 bis) Proposal for a Minor Boundary Modification – establishment of buffer zones Further to the State Party’s boundary clarification submitted in 2005 concerning the buffer zones of the World Heritage property the ‘Megalithic Temples of Malta’ and in response to the World Heritage Centre’s request of 3rd September 2012 to propose a minor boundary modification concerning the establishment of buffer zones for the said inscription, please find below a proposal for a minor boundary modification in accordance with Annex 11 of the Operational Guidelines. 1. Area of the property (in hectares) a) area of property as inscribed: Ġgantija (132-001): 0.715 ha Ħaġar Qim (132-002): 0.813 ha Mnajdra (132-003): 0.563 ha Ta’ Ħaġrat (132-004): 0.154 ha Skorba (132-005): 0.103 ha Tarxien (132-006): 0.807 ha b) area of the proposed buffer zone: Ġgantija (132-001): 33 ha Ħaġar Qim (132-002): 63 ha – buffer zone is shared with Mnajdra Mnajdra (132-003): 63 ha – buffer zone is shared with Ħaġar Qim Ta’ Ħaġrat (132-004): 60 ha – buffer zone is shared with Skorba Skorba (132-005): 60 ha – buffer zone is shared with Ta’ Ħaġrat Tarxien (132-006): 11 ha 2. Description of the modification The State Party is proposing that the national buffer zone which exists for all of the six sites in the property is adopted by the World Heritage Committee. Due to the proximity of Ta’ Ħaġrat to Skorba, and of Ħaġar Qim to Mnajdra, these two pairs of sites each share a single buffer zone, bringing the total number of buffer zones to four. 3. Justification for the modification Buffer zones for the Megalithic Temples will ensure that the setting of these monuments is protected through the strict monitoring and control of development within these areas. Other archaeological remains within the property’s buffer zone will also be protected. 4. Contribution to the maintenance of the Outstanding Universal Value: Scheduling of these sites is enabling Maltese authorities to control development within the established buffer zones. In cases where land within the buffer zone is already developed, such as Tarxien and part of the buffer zone around Ta’ Ħaġrat and Skorba, redevelopment is controlled and irreversible changes to the landscape, such as rock- cutting are usually prohibited. In instances where the buffer zone lies outside the area committed to development, a more comprehensive protection of the landscape is permitted. These measures ensure the preservation of the properties together with their setting, allowing appreciation of the monuments even from a distance. 5, 6. Implications for legal protection and management arrangements The principal legal instrument for the protection of cultural heritage resources in Malta is the Cultural Heritage Act (2002 and subsequent amendments) (Annex 5), which provides for and regulates national bodies for the protection and management of cultural heritage resources. Building development and land-use is regulated by the Environment and Development Planning Act (2010 and subsequent amendments) (Annex 6), which provides for and regulates the Malta Environment and Planning Authority. All six megalithic temples are formally scheduled by the Malta Environment and Planning Authority as Grade A archaeological sites, and both sites and their buffer zones are subject to wide-ranging restrictions of building development. The application of these restrictions varies according to the local context. Details on specific restrictions for each site can be found in the following documents: - Structure Plan for the Maltese Islands [second document, ARC Policies: pgs 113-115]: Annex 7 http://www.mepa.org.mt/lpg-structureplan - Gozo and Comino Local Plan [pgs 112, 160-1]: Annex 8 http://www.mepa.org.mt/gclp-docs - North West Local Plan [pgs 124-125, 214, 263-264]: Annexes 9, 9a http://www.mepa.org.mt/nwlp-docs - South Malta Local Plan [pg. 55]: Annex 10 http://www.mepa.org.mt/smlp-docs 7. Maps Ġgantija (132-001): Annex 1 Ħaġar Qim (132-002): Annex 2 Mnajdra (132-003): Annex 2 Ta’ Ħaġrat (132-004): Annex 3 Skorba (132-005): Annex 3 Tarxien (132-006): Annex 4 8. Additional Information Cultural Heritage Act (2002 and subsequent amendments): Annex 5 Environment and Development Planning Act (1992 and subsequent amendments): Annex 6 Structure Plan for the Maltese Islands: Annex 7 Gozo and Comino Local Plan: Annex 8 North West Local Plan: Annex 9 North West Local Plan Section 2: Annex 9a South Malta Local Plan: Annex 10 CULTURAL HERITAGE [CAP. 445. 1 CHAPTER 445 CULTURAL HERITAGE ACT To make provision in place of the Antiquities (Protection) Act, Cap. 54 for the superintendence, conservation and management of cultural heritage in Malta and for matters ancillary thereto or connected therewith. 3rd May, 2002; 15th August, 2002; 21st October, 2002; 1st January, 2003 ACT VI of 2002, as amended by Acts XVIII of 2002, II of 2005 and XXXII of 2007; Legal Notice 426 of 2007; and Act XXIII of 2009. Arrangement of Act Articles PART I Preliminary 1-3 PART II Principles and General Duties 4-6 PART III Constitution, Composition and Functions of Entities 7-16 PART IV Administrative and Personnel Provisions 17-19 PART V Financial Provisions 20-30 PART VI Conservation Professionals 31-39 PART VII Special Powers of the State 40-51 PART VIII Religious Cultural Heritage 52 PART IX Offences 53-54 PART X Regulations 55 PART XI Miscellaneous 56-57 SCHEDULE Rate of Export Duty 2 [CAP. 445. CULTURAL HERITAGE PART I PRELIMINARY Short title. 1. The short title of this Act is the Cultural Heritage Act. Interpretation. 2. In this Act, unless the context otherwise requires: Amended by: XXXII. 2007.19. ''Agency'' means the operating agency set up under article 8; ''Centre'' means the Malta Centre for Restoration referred to in article 10; ''co-ordinate'' means exchanging views orally or in writing, before a decision or action is taken, with a view to avoiding conflicts, waste and errors or of putting a remedy thereto; ''Committee'' means the Committee of Guarantee established by article 14; ''conservation'' means any activity required to maximise the endurance or minimise the deterioration of any cultural property as far as possible, and includes examining, testing, treating, recording and preserving any such cultural property or any part thereof; ''Conservation and Protection Order'' shall have the meaning assigned to it in article 47; ''conservator-restorer'' means a professionally qualified person holding a warrant under this Act; ''contiguous zone'' has the meaning as is assigned to it by the Cap. 226. Territorial Waters and Contiguous Zone Act; ''cultural heritage'' means movable or immovable objects of artistic, architectural, historical, archaeological, ethnographic, palaeontological and geological importance and includes information or data relative to cultural heritage pertaining to Malta or to any other country. This includes archaeological, palaeontological or geological sites and deposits, landscapes, groups of buildings, as well as scientific collections, collections of art objects, manuscripts, books, published material, archives, audio-visual material and reproductions of any of the preceding, or collections of historical value, as well as intangible cultural assets comprising arts, traditions, customs and skills employed in the performing arts, in applied arts and in crafts and other intangible assets which have a historical, artistic or ethnographic value; ''cultural property'' means movable or immovable property forming part of the cultural heritage; ''development'' has the meaning assigned to it in the Cap. 356. Development Planning Act; ''Entities'' means the Superintendence, the Agency, the Centre, the Committee and the Fund, and Entity shall be construed accordingly; ''exploration'' means an activity on land or at sea or in the contiguous zone, carried out with the intention of discovering new data regarding the cultural heritage and which may result in the discovery of movable or immovable items of cultural heritage value CULTURAL HERITAGE [CAP. 445. 3 not yet documented on the national inventory of cultural property; ''financial year'' means the period of twelve months ending on the 31st December in any year: Provided that the financial year which commenced on the 1st October, 2007 shall be for a period of fifteen months and shall terminate on the 31st December, 2008; ''Forum'' means the National Forum for Cultural Heritage established in article 15; ''function'' includes responsibilities, powers and duties; ''Fund'' means the Cultural Heritage Fund established by article 16; ''guardianship'' and ''guardianship deed'' shall have the meaning respectively assigned to them in article 48; ''integrated conservation'' means the whole range of measures aimed at ensuring the perpetuation of the cultural heritage, its maintenance as part of an appropriate environment, whether man- made or natural, its utilisation and its adaptation to the needs of society. Such an objective is to be achieved through the revitalisation and integration of cultural heritage within the physical environment of present-day society and by assigning a social function to such cultural heritage compatible with its dignity and its setting; ''investigation'' means any activity for the purpose of obtaining and recording any information relating to cultural heritage and includes any works for the purposes of identifying, discovering, excavating, revealing, recovering and removing any object or material situated in, on or under any cultural property; ''holder''
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