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Carriage of Goods by Sea (Regulation) Act (Cap. 283) Consolidated

CARRIAGE OF GOODS BY SEA (REGULATION) [ CAP. 283. 1

CHAPTER 283

CARRIAGE OF GOODS BY SEA (REGULATION) ACT

To regulate the carriage of goods by sea to and from Malta.

(29th January, 1980)*

ACT II of 1980, as amended by Acts XIII of 1983 and XVII of 1991; Legal Notice 423 of 2007; and Act XV of 2009.

1. The short title of this Act is the Carriage of Goods by Sea

(Regulation) Act.

2. In this Act, unless the context otherwise requires - "goods" includes goods of any description;

"Minister" means the Minister responsible for ports and, to the extent of the authority given, includes any person authorised by the said Minister in that behalf;
"port" means any place where goods are loaded or unloaded on or from a ship;
"shipping line" includes a liner conference.

3. (1) Where in respect of the carriage of goods by sea to or from Malta from or to a port in any other country the Minister has, by order in the Gazette, provided that no such carriage of goods as afo resaid sh all tak e p lace except with h is p er mission , no good s carried or intended to be carried by sea to or from Malta from or to a port in any country to which an order as aforesaid applies shall be loaded or unloaded in Malta unless such loading or unloading is p e r m i t t e d b y t h e M i n i s t e r a n d e x c e p t i n a c c o r d a n c e w i t h t h e M i n i s t e r ’s p e r m i s s i o n a n d a n y c o n d i t i o n s o r o t h e r p r o v i s i o n s contained therein.

(2) Where in respect of the carriage of goods by sea to or from M alta from or to a port in any other country there is in force an agreement for the sharing of such cargo between shipping lines, an d su c h ag r ee m en t h as b een ap p r o v ed b y th e M in i st er f or th e purposes of this Act, such approval, and any conditions or other pr ovisions thereo f shall have the effect of a per mission granted u n d e r s u b a r t i c l e ( 1 ) a n d , s u b j e c t t o a n y c o n d i t i o n s o r o t h e r p r o v i s i o n s o f t h e M i n i s t e r ’s a p p r o v a l , t h e p r o v i s i o n s o f t h e agreement shall have the same effect as if they were provisions of the Minister ’s permission.
(3) The Minister ’s permission or approval under either of the f o r ego i ng s u bar t icles m ay b e g iv en b y su ch m ean s an d in s uc h manner or form as the Minister may deem appropriate, and may be general, specific or applicable to a class or classes of cases.

Short title. Interpretation.

Regulation of carriage of goods to and from Malta.

*See Government Notice No. 106 of 29th January, 1980.

2 CAP. 283.] CARRIAGE OF GOODS BY SEA (REGULATION)

Publicity to be given to Minister’s permission or approval.

Declaration by Minister to be conclusive evidence.

Power of Authority for Transport in Malta.

Amended by:

XVII. 1991.81;

XV. 2009.49.

4. Where the Minister has given a permission under article

3 ( 1 ) o r h as ap p r ov ed a n ag r eem en t un d er su b ar ti cle (2 ) of th at
a r t i c l e , h e s h a l l , b y n o t i c e i n t h e G a z e t t e , o r i n t h e o r d e r o r r eg ul atio n co n tain in g th at p er m is si on o r ap p ro v al or p r o vi di ng
t h e r e f o r, g i v e s u c h i n f o r m a t i o n a b o u t t h e p e r m i s s i o n o r t h e
a g r e e m e n t , i n c l u d i n g t h e c o u n t r i e s , s h i p s a n d s h i p p i n g l i n e s affected thereby, as may be appropriate in the circumstances.

5. A declaration under the hand of the Minister stating that goods may or may not be loaded or unloaded in Malta on or from a s p e c i f i e d s h i p , o r a s h i p o f a s p e c i f i e d s h i p p i n g l i n e , s h al l b e conclusive evidence of its contents.

6. The Authority for Transport in Malta shall have power to r ef u s e e n t r y i n t o o r d ep a r t u r e f r o m a n y p o r t i n M a l t a i f i t h a s reasonable ground to believe that a provision of this Act has been or is likely to be contravened in respect of that ship or its cargo.

Regulations. 7. The Minister may make regulations for carrying into effect the provisions of this Act and, without prejudice to the generality of the foregoing, for -

(a) exempting any goods from any of the provisions of this Act;
(b) providing for any matter incidental or supplementary to the provisions of this Act.

Offences and penalties. Amended by: XIII. 1983.5;

L.N. 423 of 2007.

8. A person who contravenes any of the provisions of article 3 or of any order or regulation made under this Act shall be guilty of an offence and shall for each offence be liable on conviction to a f in e (m u lta ) o f n o t les s th an o n e h u n d re d an d si x teen e ur o a nd forty-seven cents (116.47) and not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87); and any goods loaded or unloaded in contravention of any of those provisions shall be forfeited to the Government.