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Malta Maritime Authority Act (Cap. 352) Maritime Pilotage (Amendment) Regulations, 2008 (L.N. 19 Of 2008 )

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Commencement.

Amends regulation

2 of the principal regulations.

Amends regulation

6 of the principal regulations.

Amends regulation

17 of the principal regulations.

L.N. 19 of 2008

MALTA MARITIME AUTHORITY ACT (CAP. 352)
Maritime Pilotage (Amendment) Regulations, 2008
IN exercise of the powers conferred by article 64 of the Malta Maritime Authority Act, the Minister for Competitiveness and Communications, in consultation with the Malta Maritime Authority, has made the following regulations>-
1. The title of these regulations is the Maritime Pilotage (Amendment) Regulations, 2008 and they shall be read and construed as one with the Maritime Pilotage Regulations 2003, hereinafter referred to as “the principal regulations”.
2. These regulations shall be deemed to have come into force on the 1st January, 2008.
3. Immediately after the definition “pilotage fee” there shall be added the following definition>
“pilotage service” means the act, carried out by a licensed pilot, of assisting the master of a ship in navigation and manoeuvring when entering, leaving or shifting in a port or the approaches thereto, and includes the provision of the pilot launch<”.
4. Regulation 6 of the principal regulations shall be amended as follows>
(a) immediately after sub-regulation (1) thereof, there shall be inserted the following new sub-regulation>
“(2) The pilotage agreement shall include provisions regarding the provision of pilotage services in the ports and their approaches together with the management and operation of pilot launches in these ports.”< and
(b) sub regulation 2 shall be renumbered as sub-regulation
(3) thereof.
5. Paragraph (e) of regulation 17 of the principal regulations shall be substituted as follows>
“(e) provide the Director with such statistical information as he may require, including, but not limited to, timely compilation of data relating to pilotage movements and operation of pilot
launches, attendance and absenteeism of pilots and annual audited accounts of the service provider and any subsidiary or affiliate undertakings, or other entities over which the service provider has effective control<”.
6. Immediately after sub-regulation (3) of regulation 20 of the principal regulations, there shall be added the following sub-regulation>
“(4) Every master of a ship shall provide a lee and take the way sufficiently off his ship when the pilot launch is approaching, and shall also ensure that the ship has a boat rope ready rigged from a position well forward of, to a position abaft, the pilot ladder or other approved safe means of access.”.
7. For regulation 24 of the principal regulations there shall be substituted the following>
B 211

Amends regulation

20 of the principal regulations.

Substitutes regulation 24 of the principal regulations.

“Service provider of pilot launches.

24. (1) The service provider shall be the owner of the pilot launches and shall be responsible for the management and operation of the pilot launches as provided for in the pilotage agreement.
(2) A pilot, when assigned to an operation, is deemed to have full control over the pilot launch.”.
8. Sub-regulation (2) of regulations 26 of the principal regulations shall be substituted by the following>
“(2) The format and contents of such certificate shall be agreed to by the Authority and the service provider.”.
9. 1. Regulation 31 of the principal regulations shall be substituted as follows>

Amends regulation

26 of the principal regulations.

Substitutes regulation 31of the principal regulations.

“Pilot Exemption Certificates.

31. The Authority shall in its discretion issue Pilot Exemption Certificates to Masters of ships who regularly call at the ports in accordance with established criteria, provided that the Authority shall reach agreement with the service provider about the level of compensation, if any, for loss of revenue.”.
10. For sub-regulation (1) of regulation 37 of the principal regulations there shall be substituted the following>
“(1) No pilot or any of the personnel employed with the service provider shall demand or receive any dues or other

Amends regulation

37 of the principal regulations.

B 212

Amends regulation

58 of the principal regulations.

L.N. 163 of 1975

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Substitutes the Schedule to the principal regulations.

remuneration in respect of a standard pilotage service other than those specified in the pilotage agreement and these regulations.”.
11. Regulation 58 of the principal regulations shall be amended as follows>
(a) the following words in the first proviso to sub-regulation
(1) shall be deleted>
“pilot launch, Pilot Launch Replacement Fund and Pilot
Launch Maintenance and Repair Fund,”<
(b) the following words in the second proviso to sub- regulation (1) shall be deleted>
“pilot launch, Pilot Launch Replacement Fund and Pilot
Launch Maintenance and Repair Fund,”<
(c) immediately after the second proviso to sub-regulation
(1) there shall be added the following new proviso>
“Provided further that for the avoidance of any doubt, paragraphs (d) and (e) of regulation 29, sub-regulations (1), (2), (5) and (6) of regulation 39, the proviso to sub-regulation (9) of regulation 39, regulation 41, regulation 42, regulation
43 and regulation 44 of the Pilotage and Mooring Regulations,
1975 which, by virtue of the provisos to regulation 58 hereof remained in effect, shall by virtue of these regulations, cease to have any effect.”< and
(d) immediately after sub-regulation (2) there shall be added the following new sub-regulation>
“(3) Any proceeds in the Pilot Launch Replacement Fund and the Pilot Launch Maintenance and Repair Fund, on the day of the coming into force of these regulations, shall remain in these Funds until such time as the Minister determines how they are to be disposed of.”.
12. The Schedule to the principal regulations shall be substituted by the following Schedule>
B 213
B 214
B 215
B 216

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Prezz#Price

€0.75 (Lm0.32)