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Maltese Laws |
PORTS AND SHIPPING ACT
To provide for the establishment of ports in Malta, for the registration and licensing of boats and ships and to regulate the use thereof within the territorial waters of Malta and to establish fees and dues and other matters ancillary to shipping.
2nd August, 1991;
1st January, 1992
1st May, 1993
ACT XVII of 1991 as amended by Acts: XV and XXIV of 1995, XIV and XVI of 1997; Legal
Notice 141 of 1998; Acts XXIII of 2000, VII of 2004 and XXXII of 2007; Legal Notice 425 of
2007; and Act XV of 2009.
ARRANGEMENT OF ACT
Articles
PART I Preliminary 1 - 2
PART II Declaration and Regulation of Ports 3 - 13
PART III Port Dues, Charges and Rates 14 - 28
PART IV Legal Proceedings 29 - 31
PART V Offences and Penal Provisions 32 - 44
PART VI Saving 45 - 46
SCHEDULE
PART I
Short title. | 1. | The short title of this Act is the Ports and Shipping Act. |
Amended by: | ||
XV. 2009.52. Interpretation. | 2. | In this Act, unless the context otherwise requires - |
Amended by: XXXII. 2007.12; XV. 2009.52. Cap. 499.
Cap. 499.
" t h e A u t h o r i t y " m e an s t h e A u t h o r i t y f o r Tr a n s p o r t i n M a l t a established under the
Authority for Transport in Malta Act;
" b o a t " m e a n s a s m a l l w a t e r c r a f t , p r o p e l l e d b y o a r s , s a i l s , engines or other methods;
"charges" means the charges that may be levied under article 15; "contractor" means a person acting in pursuance
of an agreement
entered into with the Authority in pursuance of article 7(2) of the
Authority for Transport in Malta Act;
"dues" means the dues that may be levied under article 15; "fees" means the fees that may be levied under article
15; "fishing vessel" means a vessel being used or registered to be
used or, in the case of an application for registration, intended to be used, for, or in connection with, fishing;
"goods" includes baggage, animals (whether alive or dead) and other movable property of any kind whatsoever;
"laid-up vessel" means a vessel which is in any port and which is not regularly used in accordance with the uses proper
for such type of vessel for a period exceeding fourteen days; and for the purpose of this definition "vessel" includes
a floating dock, a floating crane, s a l v a g e o r l i f t i n g e q u i p m e n t , w h e t h e r a f l o a t , s u b m e r g
e d o r m o u n t e d o n a n y s e a- cr af t, an d a l ig h t er, wh et h e r p r o p e l le d b y mechanical means or otherwise
or towed, but does not include any boat or sea-craft, used solely for pleasure or in the fishing industry, or any vessel which is
in any port to undergo repairs:
P r o v i d e d t h a t t h e A u t h o r i t y m a y, f o r t h e p u r p o s e s o f t h i s definition, at its discretion, declare
that a boat or sea-craft is not being used solely for pleasure or in the fishing industry, or that a v e s s el i s n o t u n d e
rg o i n g r e p a i r s , a n d a n y s u c h v e s s e l s h a l l b e treated as a laid-up vessel;
"master", when used in relation to any ship, means the person having command or charge of the ship for the time being, but
does not include a pilot;
"Minister" means the Minister responsible for transport;
"officer" and "employee" in relation to the Authority includes a public officer detailed for duty with the Authority;
"owner" in relation to a ship includes the charterer or operator of the ship;
"port" means the place declared to be a port by or under article 3, a n d i n c l u d e s w h e r e v e r a p p r o p r
i a t e a y a c h t i n g c e n t r e u n l e s s a separate provision is made in respect of such centre;
"prescribed" means prescribed under this Act;
"p ub lic officer " has t he sam e m ean in g as i s assi gn ed to it b y article 124 of the Constitution;
"rates" means the rates that may be levied under article 15;
"s hi p" m ean s ev er y d escr ip ti on o f v ess el u s ed in n avi gat io n, w h e t h e r s el f p r o p e l l ed o
r n o t , a n d i t i n cl u d e s b a rg e s , o i l r i g s , pontoons, seaplanes, and any other craft and similar vessels;
"territorial waters" means all parts of the open sea within twelve nautical miles of the coast of Malta, or such other distance
as may b e e s t a b l i s h e d u n d e r a r t i c l e 3 o f t h e Te r r i t o r i a l Wa t e r s a n d C o n t i g u o u s Z
o n e A c t , m e a s u r e d a s i n t h a t A c t p r o v i d e d , a n d i n c l u d e s a n y w a t e r s e n c l o s e d b e
t w e e n t h e b a s e l i n e s t h e r e i n mentioned and the coast;
"vehicle" means any vehicle other than a ship;
"wareh ouse" m eans any shed, b uilding, place, wag on, ship or vehicle when used by the Authority, or a contractor for
the purpose of warehousing or depositing goods for the purposes of this Act;
" y a c h t " m e a n s a r e g i s t e r e d s e a g o i n g s h i p u s e d s o l e l y f o r pleasure and accepted as
such by the Authority;
" y a c h t i n g c e n t r e " m e a n s s u c h p l a c e a s i s d e c l a r e d t o b e a yachting centre by or under
article 3.
PART II
Authority, by order -
(a) declare any place together with any land area in Malta to be a port, or a yachting centre, within the meaning of this Act;
(b) establish the limits of any place declared to be a port, or yachting centre in accordance with paragraph (a) of this subarticle;
(c) declare any navigable water or land area to be an approach to a port or yachting centre, within the meaning
of this Act.
(2) Without prejudice to the other provisions of this article the p laces specif ied in P ar t I and II of the Sch edu le to th
is Act are hereby declared to be ports; the places specified in Part III of the said Schedule are hereby declared to be compulsory
pilotage ports and the places specified in Part IV of the said Schedule are hereby declared to be yachting centres.
(3) Without prejudice to his powers of revoking, varying or substituting any order made under this article, the Minister may
also, after consultation with the Authority, by order revoke, vary or substitute the Schedule to this Act.
Cap. 226.
Declaration of ports. Amended by: XV. 2009.52.
Registration and licensing of boats and ships with and by the Authority. Amended by: XXIII. 2000.30’ XV. 2009.52.
Cap. 234.
(2) No boat or ship shall be used for or in connection with any tr ad e, b usin ess o r calling in the terr itor ial and in land
water s of Malta -
(a) unless such boat or ship is duly licensed by the
Authority for that specific trade, business or calling; or
(b) unless, when such boat or ship is being used as a fishing vessel, it is licensed for such purpose by the Minister
responsible for fisheries.
(3) The Minister may make regulations:
(a) regulating the mode of registration of any boat or ship in a Small Ships Register mentioned in subarticle (1);
(b) prescribing the requirements that have to be satisfied for such registration, including its renewal and termination;
(c) prescribing without prejudice to the generality of this subarticle, the fees payable upon such registration and for any service
in respect thereof;
(d) prescribing the requirements for the use of any boat or ship in the territorial and inland waters of Malta, and for the use of
any boat or ship registered in the Small Ships Register provided for in this article; and
(e) regulating the use of any boat or ship in the territorial and inland waters of Malta;
(f) regulating -
(i) the services that are to be provided in a ship or boat licensed to be used in any trade, business or calling; and
(ii) the services that may or may not be provided under any licence as aforesaid;
(g) regulating the licensing of any trade business or calling involving the use of boats or ships referred to in subsection
(2).
Information to be supplied on arrival of ship.
Amended by: XV. 2009.52.
(a) the ship’s register and the ship’s papers;
(b) the manifest in duplicate of all cargo to be unshipped at Malta;
and shall also supply to the Authority such other information in relation to the ship and to the passengers, animals and cargo thereof
as may be prescribed, and any information of a similar kind as the
Authority in its discretion may require.
(a) a statement containing the number of passengers embarked in Malta;
(b) an account in writing of the kinds, quantities, weights and measurement of cargo landed or loaded in Malta;
and shall also supply to the Authority such other information relating to the ship and to the passengers, animals
and cargo thereof, as may be prescribed or as the Authority in its discretion may require:
Provided that the master of a ship may be exempt from such duties where the owner or agent, or the representative of the owner of
the ship guarantees to the satisfaction of the Authority that he will discharge such duties in lieu of such master within such time
and under such conditions as may be prescribed or as the Authority may determine.
(2) The particulars required under subarticle (1) shall be produced or supplied in such form, in such number of copies and
with in s uch time as m ay b e pr escr ibed o r as the Au tho rity m ay require.
Information to be given before proceeding outwards. Amended by:
XV. 2009.52.
(2) The particulars required under subarticle (1) shall be produced or supplied in such form and within such time as may
be prescribed or as the Authority or the contractor may determine.
(3) Where the production of documents for the withdrawal of goods from warehouse is prescribed under this Act for the purposes
of this article, the Authority or the contractor shall be relieved of a ll r es p o n s ib il it y in r es p e ct o f t h e d el
i v er y o f th e g o o d s i f th e A u t h o r i t y o r t h e c o n t r a c t o r d e l i v e r s t h e g o o d s t o w h i c
h t h e documents relate to the person presenting such documents.
Information in respect of goods presented for shipment or warehousing. Amended by:
XV. 2009.52.
Provided that the Authority may, in writing and under such conditions as it may deem appropriate, allow a ship in port to be manned by a reduced crew.
Ship in port to be properly manned. Amended by:
XV. 2009.52.
(2) In granting such permission the Authority may make such
Laying-up of ship.
Amended by:
XV. 2009.52.
conditions as it may deem appropriate and in particular may specify the time during which such ship be so laid up.
(3) Upon the expiry of such time, or on any contravention or n o n - c o m p l i a n c e w i t h a n y s u c h c o n d i t i o
n a s a f o r e s a i d , t h e p er m is s io n g r an ted b y th e A ut h o ri ty s h all la ps e, su b jec t t o th e Authority
renewing any such permission.
(4) The Authority may, upon giving not less than three days’
notice cancel any permission granted under this article.
Laid-up ship. Amended by: XXIV.1995.362; XV. 2009.52.
(2) It shall be the responsibility of the master, owner or agent of the ship, to comply with any direction given as aforesaid.
(3) Notwithstanding any other provision of law, a laid-up ship in any port in Malta shall, after being directed to leave, be liable
to be sold as provided in this article.
(4) Upon fourteen days’ notice to the master of the ship, the Authority may apply to the Civil Court, First Hall, for an order
that the ship be sold judicially; and the judicial sale shall be held within fo rty- five d ay s f ro m the d ate o n which the or
der of the co urt is made.
Security to cover dues, rates, etc. Amended by:
XV. 2009.52.
Powers of Authority exercisable notwithstanding warrant. Amended by:
XV. 2009.52.
Agent may not relinquish agency. Amended by:
XV. 2009.52.
Provided that the said ship agent shall no longer be deemed the agent of the ship as aforesaid if the ship owner has replaced the
said ship agent, and has appointed another ship agent to represent the ship whilst the said ship is still in Malta, in which case,
the ship agent so replaced shall no longr be deemed to be the agent of the ship from the date of the appointment of the subsequent
ship agent by the ship owner.
PART III
(2) The following persons shall be liable for the payment of any dues, charges or fees levied under this Act:
(a) the master or owner of the ship;
(b) the agent of the ship, who shall have paid or made himself liable to pay any charge on account of such ship:
Provided that the ship agent’s liability for such charges shall not exceed a maximum of the amount up to which the agent enjoys
a privilege under article 50 of the Merchant Shipping Act.
(3) Where any dues, charges or fees levied under this article are p aid b y th e ag ent o r rep resen tative m ade liable f or
p ay m en t b y subarticle (2)(b), such agent or representative may retain out of any moneys in his hands received on account of the ship, or the owner t h e r eo
f , t h e a m o u n t p a i d b y h i m t o g e th er w it h a n y r e a s o n a b l e e x p e n s e h e m a y h a v e i n c u r
r e d b y r e a s o n o f s u c h p a y m e n t o r liability.
Levy of dues, etc.
Amended by:
XV. 2009.52.
Cap. 234.
(2) Rates in respect of goods to be landed shall become payable immediately on the landing of such goods.
(3) Rates in respect of goods to be removed from warehouses, or to b e shipped by sea, shall be p ay able bef ore such good s
are removed or loaded, as the case may be:
P r o v i d e d t h a t f o r t h e p u r p o s e o f p r e v e n t i n g d e l a y, t h e Authority may allow goods to be placed
on a ship before such rates are paid, and in such cases th e Au thor ity sh all r etain the sh ip’s receipts as security for the
payment of such rates.
(4) The lien or privilege for such rates shall have priority over al l o th er p r i v ile g es an d h y p o th ec s o n th e
g o od s a n d a c lai m i n respect of such rates shall be paid in preference to all other claims, whether privileged or hypothecary,
on such goods notwithstanding any other provision of law to the contrary.
Lien or privilege in respect of rates. Amended by:
XV. 2009.52.
Lien for freight and other charges. Amended by:
XV. 2009.52.
Cap. 37.
(2) Nothing in this article shall be construed as requiring the Authority or a contractor, as the case may be, to take into custody an y g oo d s wh ich th e A ut ho r it y or t he co nt ra cto r m ay r ef us e to a c c e p t u n d e r t h e p r o v i s i o n s o f t h i s A c t , o r a s r e q u i r i n g t h e Au tho rity to in qu ire in to th e valid ity o f an y claim mad e in any notice given under subarticle (1).
Discharge of lien.
Amended by: XV. 2009.52.
Power of Authority to sell goods. Amended by:
XV. 2009.52.
(2) Before making such sale ten days’ notice of the same shall b e g iven in th e Gazet te u nles s t he g o od s are of s o
p er ish ab le a nature as, in the opinion of the Authority, to render their immediate sale necessary or ad visable, in which ev
ent such notice shall be given as the urgency of the case requires.
(3) If the address of the owner of the goods or of his agent has been stated on the manifest of the cargo, or in any of the documents
delivered to the Authority, or is otherwise known, and such address is in Malta notice shall also be given to the owner of such goods
by letter delivered at such address or sent by post; but the title of a b o n a f i d e p u r c h a s e r s h a l l n o t b e i n v a l i d a t e d b y r e a s o n o f t h e o m i s s i o n t o s e n d t h e s a i d n
o t i c e , n o r s h a l l s u c h p u r c h a s e r b e required to inquire whether such notice has been sent.
(4) If at the auction held under this article any of the goods remain unsold, the Authority shall dispose of them in such manner
as it deems fit.
(a) in payment of the expenses of the sale or disposal;
(b) in payment of the rates and expenses due to the
Authority in respect of the goods;
(c) in payment of the freight and other claims or lien or privilege of which notice has been given under article
16;
(d) in payment of any customs or excise duty or levy which may be due on the goods;
and any surplus, if any, shall be paid to the owner of the goods on demand:
Provided that where the proceeds of any such sale or disposal a r e n o t s u f f i c i e n t t o c o v e r t h e d u t i e s o r
l e v i e s r e f e r r e d t o i n p a r a g r a p h ( d ) h e r e o f , t h e s a i d s a l e o r d i s p o s a l s h a l l s t i l l b e proceeded with and the said duties or levies shall
be deemed to be reduced to such sum, if any, as remains for the payment thereof.
(2) If no such demand as aforesaid is made within one year f r o m t h e s a l e o f g o o d s , t h e s u r p l u s s h a l l
b e r e t a i n e d b y t h e Authority, and thereupon all rights of the owner to the same shall be extinguished.
Application of proceeds for sale. Amended by:
XV. 2009.52.
(a) the amount of such dues, rates, charges or fees has been paid; or
(b) security has been given to the satisfaction of the
Authority for the payment thereof.
Clearance to be withheld until rates are paid.
Amended by:
XV. 2009.52.
Cap. 37.
Authority may board ship. Substituted by: XV. 2009.52.
Weighing and measuring of goods in case of dispute. Amended by:
XV. 2009.52.
Payment of expenses of weighing or measuring. Amended by: XV. 2009.52.
(2) If the weight or measurements of such goods proves to be the same as, or less than, that shown by the particulars delivered as a f o r e s a i d , t h e A u t h o r i t y s h a l l b e a r a l l t h e e x p e n s e s o f s u c h weighing or measuring.
Order restraining ship.
Substituted by: XV. 2009.52.
Cap. 12.
(2) Such dues, rates or charges, which are certain, liquid and due, and which are leviable under this Act shall, following the issue of an or der b y the Author ity r estraining such ship fro m sailing, constitute and be deemed to be an executive title in favour of the Authority, enforceable solely against the said ship, for the purposes of article 253 of the Code of Organization and Civil Procedure.
Indemnity where goods are claimed by more than one person.
Amended by:
XV. 2009.52.
Other rights of the Authority. Amended by:
XV. 2009.52.
Power to make regulations to levy dues, charges or fees.
Amended by:
XV. 2009.52.
(a) any goods or the proceeds of the sale or disposal of any goods are in the possession of the Authority or a contractor and such
goods or proceeds are claimed by two or more persons; or
(b) any person claiming any goods in the possession of the Authority or of a contractor does not produce the documents, showing
that he is entitled to take delivery thereof,
the Authority or the contractor may withhold delivery of such goods or proceeds until the person appearing to the Authority
or the contractor to be entitled thereto has given an indemnity to the satisfaction of the Authority and the contractor
against the claims that may be advanced by any other person with respect to such goods or proceeds.
(a) for the levying of dues, charges or fees upon any ship, that is to say -
(i) dues, charges or fees in respect of ships entering or leaving a port, or being within a port or in the territorial waters of
Malta;
(ii) port dues, charges or fees in respect of passengers, animals or cargo carried by any ship;
(iii) pilotage, lighting, mooring, buoyage, anchorage or accostage dues or other dues, charges or fees on ships;
(b) for the levying of any charges or of rates for the use of any works, appliances or equipment provided or any service performed
or to be performed in respect of any ship or of any goods, by the Authority or by a contractor, and without prejudice
to the generality of the foregoing, for any of the following:
(i) the landing, shipping, wharfage, craneage, storage, carriage or demurrage of goods discharged from,
or loaded on, or presented for loading on, any ship;
(ii) the use by any ship, or person of any wharf, quay, pier, dock, landing place or other facility or installation owned
by the Authority or over which it exercises authority;
(iii) the use of any gear, tackle, tools, instruments, equipment, staging or vehicles supplied by the Authority or by a contractor;
(iv) the use of any ship or lighter, or any engine, boat or vehicle, or of any appliance for the extinction of fire owned or
administered by or in the possession of the Authority or a contractor;
(v) the towing of, the rendering assistance and service to, any ship, in any place;
(vi) for the supply of water to any ship by the
Authority or by a contractor;
(vii) the charges or rates payable by consignees, consigors or shippers of goods to persons undertaking the
unloading, landing, loading, shipping, or handling of goods between ship’s hold or deck and rail, ramp, door or ship’s
tackle or any wharf or other place appointed for the purpose or between ship’s rail, ramp, door or ship’s tackle and
any wharf;
(c) conferring power on the Authority to assimilate for any of the purposes of article 14, any work, service or facility which
is not specifically mentioned in any regulations made under this subarticle to those specifically mentioned in
such regulations with which, in the opinion of the Authority, they bear an analogy;
(d) prescribing the conditions under which any work or service in respect of which a rate or a charge is levied will be performed
or provided by the Authority or a
contractor;
(e) providing for the exemption of any ship, or class or classes of ships, or any passenger, animal or goods from all or any
dues, rates, charges or fees or for the refund or remission thereof, or of part thereof;
(f) prescribing fees in respect of any licence or permit issued or given by the Authority under any of the provisions
of this Act;
(g) prescribing anything that is to be, or may be prescribed, under this Act;
(h) generally for giving better effect to any of the provisions of this Act.
(2) For the avoidance of doubt, regulations made under this article may -
(a) prescribe different dues, rates, charges or fees for different ports and for yachting centres;
(b) prescribe different dues, rates, charges or fees for different classes of ships, or passengers, animals or goods;
(c) make provision allowing the Authority to enter into special agreements with respect to any matter referred to in this article
in place of any dues, rates, charges or fees leviable under this Act.
Application of this
Part.
Amended by: XV. 2009.52.
Limitation of action. Amended by: XV. 2009.52.
(a) any ship registered in Malta and used exclusively or mainly in the fishing industry or fishing trade;
(b) any ship belonging to a foreign Government, provided she does not engage in trade or commerce;
(c) seacraft, whether self-propelled or not, below ten gross tons.
PART IV
(a) a claim in writing, giving such particulars as may reasonably be necessary, is given to the Authority or the contractor,
as the case may be, not later than six months after the date on which the goods were accepted by the Authority or the contractor;
(b) the action is commenced within twelve months from the date aforesaid:
Provided that the Authority or the contractor, as the case may b e , m a y e x t e n d t h e p e r i o d s p e c i f i e d i n p a
r a g r a p h ( a ) b y s u c h further period not exceeding six months as it may deem fit if it is satisfied that the claim could not reasonably have
been made within the period specified as aforesaid:
Provided further that the Authority or the contractor, as the case m ay b e, shall no t be liab le bey on d such lim its o r am o
un ts established by law, or in such circumstances as may be prescribed.
(a) an overcharge, the person who paid the dues, rates, charges or fees shall be entitled to a refund of the amount on
the overcharge;
(b) an undercharge, the Authority or the contractor shall be entitled to collect the amount of the undercharge from the person who
paid the dues, rates, charges or fees:
Provided that, notwithstanding the provisions of any other law, any such overcharge or undercharge shall not be recoverable u n l
e s s a n o t i c e in w r i t i n g , c o n t ai n i n g s u c h p a r t i c u l ar s a s m a y reasonably be necessary, is given
by the party claiming the refund or collection to the party from whom it is claimed, not later than two years after the acceptance
of the goods by the Authority or the c o n t r a c t o r , a s t h e c a s e m a y b e , s o h o w e v e r t h a t w h e r e t h
e u n d e r c h a r g e i s d u e t o a n y d e s c r i p t i o n o r o t h e r i n f o r m a t i o n s u b s e q u e n t l y f o
u n d t o b e i n c o r r e c t t h e p e r i o d o f t w o y e a r s aforesaid shall commence on the date on which the Authority
or the contractor, as the case may be, first discovers the incorrectness of the description or information.
Overcharge or undercharge. Amended by: XV. 2009.52.
(a) by delivering it to the person; or
(b) by sending it by registered post addressed to the person at his usual or last known address;
and if service is made as provided for in paragraph (b) it shall be sufficient to prove service to show that the notice or other document was properly addressed and posted.
PART V
(a) removes or alters any lighthouse, buoy, beacon or other light placed by the Authority, or
(b) rides by, or makes fast to, or runs foul of any lighthouse, buoy, beacon or other light as aforesaid,
Service of notice.
Amended by:
XV. 2009.52.
Offences in respect of lighthouses, buoys, etc. Amended by:
L.N. 425 of 2007; XV. 2009.52.
Exhibition of lights which may be mistaken for lighthouses, etc. Amended by:
L.N. 425 of 2007; XV. 2009.52.
shall be guilty of an offence and be liable, on conviction, to a fine (multa) not exceeding two thousand and five hundred euro (€2,500).
(2) Such notice may also be served by affixing the same in some conspicuous spot near the light to which the notice relates.
(3) Any owner, occupier or other person on whom a notice is s erv ed u n de r th is art icle wh o fai ls with o u t r eas on ab
le c aus e to comply with the directives contained in the notice, shall be guilty of an o ff ence and be liable, on conviction, to
a fine (multa) not exceeding two thousand and five hundred euro (€2,5 0) and to a f u r t h e r f i n e ( m u l ta ) n o t e x c ee d i n g t wo h u n d r e d an d f i f t y e u r o (€250) for every day during which the offence contni ues.
Obstructing authorised entry. Amended by:
L.N. 425 of 2007; XV. 2009.52.
Navigation without pilot.
Amended by:
L.N. 425 of 2007.
Substituted by: XV. 2009.52.
Breach of duty by pilot.
Amended by:
L.N. 425 of 2007; XV. 2009.52.
34. Whosoever wilfully obstructs any officer of the Authority in the performance of his duties under this Act, or any person in the p e r f o r m a n c e o f a n y a c t h e i s a u t h o r i s e d t o p e r f o r m b y t h e Authority, shall be guilty of an offence and be liable, on conviction, to imprisonment for a term not exceeding six months or to a fine (multa) not exceeding six months or to a fine (multa) not exceeding four thousand and seven hundred and fifty euro (€47, 50), or to both such fine and imprisonment.
(a) any ship navigates without a pilot in circumstances in which a pilot is to be engaged under any of the provisions
of this Act or any regulations made thereunder, or
(b) the master of the ship refuses to comply with any request made under this Act, or makes or is privy to the making of
any false statement in answer to such request,
the master of such ship shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding four thousand and seven hundred and fifty euro (€4,750).
(a) does any act tending to the immediate loss, destruction or serious damage of such ship or tending immediately to endanger the
life or limb of any person; or
(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from loss, destruction
or serious damage, or preserving
any person from danger to life or limb,
shall be guilty of an offence and be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine
(multa) not exceeding eleven thousand and seven hundred and fifty euro (€11,750), or to both such imprisonment and fine.
(2) Any pilot who fails to comply with the provisions of article
38 shall be guilty of an offence and be liable, on conviction, to a f in e (mult a ) n ot exceed in g on e th ou san d and o n e h un d red eu r o
(€1,100).
37. Any person who offers his services as a pilot or acts as a pilot without the permission of the Authority and without being d u l
y l i c e n s e d , o r w h i l s t h i s l i c e n c e a s a p i l o t i s c a n c e l l e d , suspended or revoked, and any pilot
who lends his licence to, or allows his licence to be used by, any other person, or who pilots ships outside the limits specified
in his licence or who acts as a pilot while under the influence of drink or drugs, shall be guilty of an offence and shall be liable,
on conviction, to imprisonment for a period not exceeding one year or to a fine (multa) not exceeding eleven thousand and seven hundred and fifty euro (€11,750), or to both such imprisonment and fine.
38. If the master, owner or agent of a ship or the owner or consignor or consignee of any goods, evades or attempts to evade, by any means
whatsoever, the payment of any dues, rates, charges or fees leviable under this Act, he shall be guilty of an offence and s h a l
l b e l i a b l e , o n c o n v i c t i o n , t o i m p r i s o n m e n t f o r a t e r m n o t exceeding twelve months or to a fine
(multa) not exceeding two t h o u s a n d a n d f i v e h u n d r e d e u r o ( € 2 , 5 0 0 ) , o r t o b o t hs u c h imprisonment
and fine, and shall in addition be liable to pay to the Authority a penalty triple the amount of the dues, rates, charges or fees
he evaded or attempted to evade.
39. Any master of a ship who contravenes any of the provisions of articles 5 or 6, shall be guilty of an offence and
shall b e l i a b l e , o n c o n v i c t i o n , t o i m p r i s o n m e n t f o r a p e r i o d n o t ex c eed in g th r ee m o
n th s o r t o a f in e (mu l ta ) n o t ex ce ed in g o n e t h o u s a n d a n d t w o h u n d r e d e u r o ( € 1 , 2 0 0 ) o r t o b o t h su c h imprisonment
and fine.
40. Any person who makes, whether knowingly or recklessly, a n y s t a t e m en t w h i ch i s f a l s e i n a n y m a t er i a l p a
r t i c u l a r i n a n y return, claim or other document which is requested or authorised to be made by or under this Act, shall
be guilty of an offence and shall b e l i a b l e , o n c o n v i c t i o n , t o i m p r i s o n m e n t f o r a p e r i o d n o
t exceeding twelve months or to a fine (multa) not exceeding seven thousand euro (€7,000), or to both such imprisonment and fine.
(a) by contravening any of the provisions of this Act or of any regulations made or deemed to be made thereunder; or
Illegal piloting.
Amended by:
L.N. 425 of 2007;
XV. 2009.52.
Evasion of dues, rates, etc. Amended by:
L.N. 425 of 2007;
XV. 2009.52.
Failure of compliance with articles 5 and 6. Amended by:
L.N. 425 of 2007; XV. 2009.52.
False returns.
Amended by:
L.N. 425 of 2007;
XV. 2009.52.
Persons endangering life or property.
Amended by:
L.N. 425 of 2007;
XV. 2009.52.
Non compliance with direction of Authority or with any provision of this Act.
Amended by:
L.N. 425 of 2007;
XV. 2009.52.
Contractor to be deemed public officer for purposes of Criminal Code. Amended by:
XV. 2009.52.
Cap.171.
Cap. 499. Cap. 9.
Saving for other penal provisions. Amended by:
XV. 2009.52.
Cap. 9.
(b) by any rash or negligent act,
he shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a period not exceeding six months or to
a fine (multa) not exceeding two thousand and three hundred euro (€2,300) or both to such imprisonment and fine.
42. Any person who fails to comply with any direction given by the Authority in exercise of its powers under this Act, or who fails to
comply with any provision of this Act or of any regulations made thereunder, shall be guilty of an offence and, unless another penalty
is established for such offence in this Act, be liable, on conviction, to a fine (multa) not exceeding eleven thousand and six h u n d r e d e u r o ( € 11 , 6 0 0 ) , o r t o i m p r i s o n m e n t f o r a t er m
n o t exceeding twelve months, or to both such fine and imprisonment, and in the case of a continuing offence to a further fine (multa) not exceeding one thousand and one hundred euro (€1,100) for every day during which the offence continues.
PART VI
Saving. Amended by: XV. 2009.52. Cap. 170. Cap. 100.
Cap. 499.
45.* (1) All regulations, orders and other subsidiary legislation made under or kept in force by the Ports Ordinance† or by the Port Dues Ordinance†, befor e it was repealed by the Malta Maritime Authority Act or by the Malta Maritime Authority Act‡ before it
was amended by the Authority for Transport in Malta Act, and in force immediately before the coming into force of this article, shall
con tinue in fo rce thereafter as if they had b een made u nder the c o r r e s p o n d i n g p r o v i s i o n o f t h i s
A c t a n d s h a l l b e t r e a t e d accordingly.
(2) Any funds established by or under any of the provisions of the enactments referred to in sub-article (1) shall, notwithstanding
such repeal and as from the date thereof, continue in operation as if they had been established under the corresponding provision
of this Act, and shall be treated accordingly.
*This article originally consisted of five subarticles. The original subarticles (1) and
(2) have been omitted under the Statute Law Revision Act, 1980.
†Repealed by this Act.
‡the short title of this Act before it was amended by Act XV of 2009.
(3) Any licence, permission or other authority granted under any of the provisions of the enactments referred to in sub-article (1), and still in force immediately before the coming into force of this Act, shall continue in force thereafter as if it were a licence, permission or authority granted under the corresponding provisions of this Act, and shall be treated accordingly.
Malta Freeports
Act.
Amended by:
XV. 2009.52.
Cap. 334.
SCHEDULE (Articles 3 and 30)
Amended by:
L.N. 141 of 1998; XV. 2009.52.
T h e G r a n d H a r b o u r o f Va l l e t t a b u t e x c l u d i n g t h e f o l l o w i n g areas:
(a) the area of land bordered in red on plan L.D. 91A/98 (b) the area of land bordered in red on plan L.D. 97/98
(c) the area of land bordered in green on plan L.D. 91B/98 (d) the area of land bordered in green on plan L.D. 91C/98.
Plans L.D. 91A/98, L.D. 97/98, L.D. 91B/98 and L.D. 91C/98 are annexed to the deed dated 1st June, 1998 published by Notary Vincent
Miceli and entered into between the Government of Malta and the former Malta Maritime Authority.
1. Marsamxett Harbour
2. Marsaxlokk Harbour
3. Saint Paul’s Bay
4. The landing places at - (a) Ramla-il-Bir;
(b) I`-~irkewwa
5. M[arr, Gozo
1. The Grand Harbour of Valletta other than those areas thereof excluded in Part I.
2. Marsamxett Harbour
3. Marsaxlokk Harbour
4. M[arr, Gozo.
1. Ta’ Xbiex Yachting Centre
2. MsidaYachting Centre
3. Sliema Yachting Centre
4. M[arr Yachting Centre, Gozo
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URL: http://www.worldlii.org/mt/legis/laws/pasaslhbttc499iawaxo2009352c1023