The impact of the 2019 amendment of the cultural heritage act on the management of underwater cultural heritage

Abstract

Following the amendment to the Cultural Heritage Act of 2019 related to underwater cultural heritage, this study examines the resulting changes in management, with a focus on access to underwater sites. It aims to identify the key actions taken and entities who are implementing changes to management in response to the legislative change. A mixed method approach was adopted, integrating both qualitative and quantitative data. Qualitative data was sourced from annual reports, academic papers and stakeholder responses, and subsequently thematically analysed. Quantitative data provided by UCHU was used to assess the extent of physical and digital access to underwater cultural heritage sites. The findings from the stakeholder perspective indicate that the amendment in the CHA of 2019 paved the way to the establishment of good practices and standards for the protection and management of Malta’s underwater cultural heritage. The declared Archaeological Zones at Sea made possible the creation of a controlled access system for underwater sites managed by the UCHU. The document analysis illustrates that communication with stakeholders is important to instil a shift in mindset and be able to transition from an unregulated to a regulated sector. Being a UNESCO Convention 2001 signatory, Malta’s outreach and awareness are set as obligations since the Convention supersedes local legislations. Documentation analysed also covered the various efforts to make underwater cultural heritage accessible to the non-diving public with the use of technology. The impact on the Maltese touristic sector was also taken into consideration, with MTA supporting various projects. This study aims to determine the changes implemented over the first five years since the enaction of the amendment, making it possible to review successes areas that require further attention and which have to potentially be strengthened.