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Maltese Laws |
ARRANGEMENT OF ACT
Part I Part II Part III | Preliminary and General Guiding Principles Establishment, Functions and Conduct of Affairs of the | Articles 1 - 2 3 - 4 |
Authority | 5 - 16 | |
Part IV | Officers and Employees of the Authority | 17 - 23 |
Part V | Financial Provisions | 24 - 35 |
Part VI | Transfer of Certain Assets to the Authority | 36 - 38 |
Part VII | Management Committees | 39 |
Part VIII | Administrative Review Tribunal | 40 |
Part IX | Miscellaneous | 41 - 53 |
First Schedule Directorates
Second Schedule Enactments
SCHEDULES
Third Schedule Amendments of Laws
A 511
I assent.
(L.S.) GEORGE ABELA President
31st July, 2009
AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Director and Directorate of Civil Aviation and for the exercise by or on behalf of that Authority of functions relating to roads, to transport by air, rail, road, or sea, within ports and inland waters, and relating to merchant shipping; to provide for the transfer of certain assets to the Authority established by this Act; and to make provision with respect to matters ancillary thereto or connected therewith.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled,
and by the authority of the same, as follows:-
PART I
PRELIMINARY AND GENERAL
Transport in Malta Act, 2009.
(2) This Act shall come into force on such date as the Minister may, by notice in the Gazette, appoint and different dates may be
so appointed for different provisions or for different purposes of this Act.
Short title and commencement.
A 512
Interpretation. 2. In this Act, unless the context otherwise requires, the following expressions have the meaning hereby assigned to them:
"airport" or "aerodrome" means any area of land or water designed, equipped, set apart or commonly used to provide
facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building
or elsewhere, which is designed, equipped or set apart to provide facilities for the landing and departure of aircraft capable of
descending or climbing vertically, and it includes an air passenger terminal, an air cargo terminal and, or an air cargo warehouse
as well as all land and facilities pertinent to an airport;
"air transport service" means the carriage of passengers or of mail or of cargo by air for reward;
"aircraft" means any mechanically driven self-propelled device used for transport by air of passengers or cargo and includes
aeroplanes, seaplanes, helicopters, light aircraft and microlights;
"authorisation" includes any licence or permit however so described issued by or under this Act to operate, provide or carry
out any activity or operation or service however described relating to transport;
"the Authority" means the Authority for Transport in Malta established by article 5;
"boat" means a small watercraft, propelled by oars, sails, engines, or other methods;
"Chairperson" means the Chairperson of the Authority and includes, in the circumstances mentioned in article 5(4), the Deputy
Chairperson;
"charges" means the charges that may be levied under this Act or any regulations made thereunder;
"Chief Executive Officer" means the Chief Executive Officer of the Authority appointed under article 15;
"contractor" means a person acting in pursuance of an agreement entered into with the Authority or with
a Directorate;
"conveyance of persons" means the carriage of passengers by road or by sea or by air for hire or reward;
"decision" includes any determination, measure, order,
A 513
requirement or specification however so described made by the
Authority;
"Directorates" means such directorates as are or may be established under article 14(1) this Act;
"European Union" has the same meaning as is given to it in the
European Union Act;
"fees" means the fees that may be levied under this Act or any regulations made thereunder;
"financial year" means any period of twelve months ending on the 31st December; provided that the first financial year shall
start on the coming into force of this Act and shall end on the 31st December of the following year;
"Gazette" means the Malta Government Gazette; "Government" means the Government of Malta;
"goods" includes baggage, animals (whether alive or dead) and other movable property of any kind whatsoever;
"internal waters" includes any harbour, port, bay, cove, creek or seashore;
"licence" means and includes any licence or permit which under this Act or any other law is required from the Authority
or a Directorate or which the Authority or a Directorate is authorised or empowered to grant under such Act or other law;
"Local Councils" means the local councils established under the provisions of the Local Councils Act;
"loss or damage", in relation to persons, includes loss of life and personal injury;
"management committee" or "committee" means a management committee established in accordance with article 39;
"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;
"motor vehicle" means any self-propelled road vehicle which is normally used for carrying persons or goods by road or for
drawing, on the road, vehicles used for the carriage of persons or goods but does not include agricultural tractors;
Cap. 460.
Cap. 363.
A 514
"Minister" means the Minister responsible for transport, and includes any person authorised by such Minister in that behalf;
"officer" and "employee" in relation to the Authority includes a public officer detailed for duty with the Authority;
"operator", in relation to an aircraft, means the person for the time being having the management of that aircraft, and
cognate expressions shall be construed accordingly;
"owner" in relation to a ship includes the charterer or operator of the ship, and in relation to an aircraft includes
the charterer or operator of the aircraft;
"person" includes an association or body of persons, whether registered as a legal person or not;
"pilot" means a person licensed by the Authority for the purpose of conducting ships within Maltese waters;
"port" means the place declared to be a port by or under any law, and may include a yachting centre provided it is so declared
under this Act or any other law;
"prescribed" means prescribed under this Act;
"public officer", in relation to article 20, has the same meaning assigned to it by article 124 of the Constitution but
does not include a judge of the Superior Courts or a magistrate of the Inferior Courts;
"public passenger transport services" means passenger transport services of general economic interest provided to the public
on a non- discriminatory and continuous basis;
"public transport" means the conveyance by a vehicle of passengers against compensation;
"public transport employee" means a person employed in the conveyance of passengers by a licensed public transport vehicle;
"public transport vehicle" means any vehicle used or intended to be used for public transport;
"rates" means the rates that may be levied under this Act or under any regulations made thereunder;
"reward" includes any form of consideration received or to be received wholly or partly in respect of or in connection with
the
A 515
rendering of a service, irrespective of the person by whom or to whom the consideration has been or is to be given;
"road" includes any street or road however categorised and includes, in relation to any such road -
(a) any road which has already been built or which is in the planning or the construction stage;
(b) the carriageway thereof as well as any border or other public open space adjacent and ancillary thereto, including side margins,
central strips, roundabouts, traffic islands, footways and pavements;
(c) the foundations, sub-surfaces and surface dressing thereof;
(d) sub-ways, overpasses, junctions and intersections, whether multi-level or otherwise;
(e) road drainage works and access thereto, trenches and trenching works for utilities including access thereto, ducting,
conducting and the like for the distribution of utilities or the provision of services, including works connected therewith
or ancillary thereto and manholes or other means of access to such utilities or works;
(f) poles, light fittings, billboards, hoardings, benches, kiosks and any other thing that may be affixed to the surface thereof
excluding buildings;
(h) road traffic signs or signals, road markings and traffic calming measures, traffic control equipment and related lighting
equipment, speed cameras and other road traffic facilities used for traffic management and control;
"ship" means a vessel or craft of every description used in navigation, whether self-propelled or not, and includes barges,
oil rigs, pontoons, and any other craft and similar vessels;
"tariff" means the fares or freight rates (including any charges for the carriage of mails) to be charged and any conditions
upon which those fares or freight rates depend;
"territorial waters" means the waters described in article 3(1) of the Territorial Waters and Contiguous Zone Act and includes
any waters enclosed between the base lines therein mentioned and the coast;
Cap. 226.
A 516
"transport" means the transport of persons or goods whether by air, land or sea;
"transport of goods" means the transport of goods by air, land or by sea for hire or reward;
"utilities" means any service ordinarily used by households or commercial enterprises and which use the road to deliver
the service from the service provider to the house or commercial enterprise and includes services such as water, drainage, electricity,
cable television, telephony, internet and the like;
"vehicle" includes any motor vehicle, carriage, karrozzin, cart, bicycle, motor-cycle, trailer, semi-trailer, articulated vehicle, road train, articulate bus or other means of transport by
road for the conveyance of persons or transport of goods;
"warehouse" means any shed, building, place, wagon, 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;
"yacht" means a sea going ship used solely for pleasure and accepted as such by the Authority.
PART II
Promotion and development of the Authority’s interests.
Main policies and objectives.
GUIDING PRINCIPLES
(2) The Government shall endeavour, through the Authority, to achieve the following main objectives and policies:
(a) develop integrated transport policies aimed at achieving modal shifts that favour public transport and non- polluting strategies;
(b) ensure the development of an efficient and socially sustainable public transport system in Malta;
A 517
(c) promote the maritime and civil aviation facilities of Malta and the registration of ships and aircraft under the
Maltese flag;
(d) promote policies that favour the development of Malta as a maritime hub in the Mediterranean and as an entre- port to
the European Union;
(e) encourage measures for the development of civil aviation and ancillary services, and in particular of air transport services
of both passengers and cargo;
(f) ensure that the administration, services and operations of ports and yachting centres in Malta are more efficient and
cost-effective;
(g) provide a sound financial basis for the Authority to be able to achieve target returns and investments; and
(h) standardise practices in the transport sector in Malta in line with international norms and with those of the European Union
in particular.
PART III
ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS OF THE AUTHORITY
(2) The Authority shall consist of a Chairperson and not less than six and not more than ten other members.
(3) The members of the Authority shall be appointed by the Minister for a term of one year or for such longer period as may be specified
in the instrument of appointment, but the members so appointed may be re-appointed on the expiration of their term of office.
(4) The Minister may designate one of the other members of the Authority as Deputy Chairperson and the member so designated shall
have all the powers and perform all the functions of the Chairperson during his absence or inability to act as Chairperson or while
he is on vacation or during any vacancy in the office of Chairperson.
Establishment and composition of the Authority for Transport in Malta.
A 518
(5) A person shall not be qualified to hold office as a member of the Authority if that person -
(a) is a Minister, Parliamentary Secretary or a member of the House of Representatives or of the European Parliament, or
(b) is a judge or magistrate of the courts of justice; or
(c) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions
as a member of the Authority:
Provided that the Minister may determine that the person’s interest is not likely to affect the discharge of his functions and upon
such determination that person shall be qualified to hold the office of member of the Authority provided that the declared interest
and the Minister’s determination are published in the Gazette; or
(d) is interdicted or incapacitated; or
Cap. 386.
(e) is convicted of an offence affecting public trust, or of theft or fraud, or of knowingly receiving property obtained by theft
or fraud or of bribery or of money laundering; or
(f) is subject to disqualification under article 320 of the
Companies Act.
(6) Subject to the provisions of this article, the office of a member of the Authority shall become vacant -
(a) on the expiration of the member’s term of office; or
(b) if any circumstances arise that, if he were not a member of the Authority, would cause him to be disqualified for
appointment as member.
(7) A member of the Authority may be removed from office by the Minister if, in the opinion of the Minister, such member is no longer
suitable to continue in office.
(8) If the office of a member of the Authority is vacant or if a member is for any reason unable to perform the functions of his
office, the Minister may appoint a person who is qualified to be appointed to be a member to be a temporary member of the Authority;
and any person so appointed shall, subject to the provisions of sub- articles (6) and (7), cease to be such a member when a person
has
A 519
been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his
office resumes those functions.
(9) Any member of the Authority who has any direct or indirect interest in any contract made or proposed to be made by
the Authority or in any matter to be discussed or determined by the Authority, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest at the first meeting of the Authority after the relevant facts
have come to his knowledge; such disclosure shall then be recorded in the minutes of the Authority, and the member having an interest
as aforesaid shall withdraw from any meetings at which such contract is discussed. Any such disclosure shall be communicated to the
Minister without delay. Where the interest of the member is such as to disqualify him from remaining a member, he shall report the
fact immediately to the Minister and tender his resignation.
(10) A member of the Authority shall be paid out of funds at the disposal of the Authority such remuneration and, or such amount in
respect of expenses as the Minister may determine.
(a) to advise the Minister on the development of transport policies applicable both at a national as well as at a local
level and that are proposed or have been adopted by the Minister and to advise the Minister on all other matters concerning its functions
or regulated by this Act;
(b) to ensure that transport policies adopted by the Minister are implemented and that local transport schemes are in
line with national transport policies and that no local transport scheme is introduced without the approval of the Authority;
(c) to promote the transport facilities of Malta and in particular the use of its ports and civil aviation facilities and the
registration under the Malta flag of aircraft, ships, boats, yachts and vessels;
(d) to provide or secure or promote the provision of a properly integrated, safe, economical and efficient transport system within
Malta and its internal and territorial waters, and to regulate and control the provision of services related to such system, including
the establishment of schedules and time-
Functions and powers of the Authority.
A 520
tables to be adopted for such services;
(e) to develop the necessary strategy to achieve the policies, strategies and objectives set by Government or by the Authority
and to determine the short term and long term objectives for the performance of the functions of the Authority;
(f) to licence and regulate any aircraft, boat, ship, yacht, or vehicle and to regulate the use thereof;
(g) to provide, or secure or promote the provision of such services and facilities as appear to the Authority to be expedient
in the performance of its functions, including the power to provide for the accessibility of such services and facilities by any
person irrespective of by whom these are provided;
(h) to provide or secure or promote the provision of training for persons engaged or to be engaged in the transport services
and to promote the welfare of such persons;
(i) to provide for the safe use of any aircraft, ship, yacht, or vehicle and to ensure that the safety of the public
in general is protected through the making of such rules, regulations and standards as may seem necessary
to the Authority in order to achieve this objective;
(j) to compile and keep up-to-date records of such data as it may deem appropriate in connection with its functions;
(k) to carry out or give effect to any international convention or other international agreements relating to which the Government
is or intends to become a party;
(l) to implement any European Community obligation relating to any matter falling within its functions;
(m) to carry on all such activities not falling within the functions or competence of another person, body or authority according
to law as may appear to the Authority to be requisite, advantageous or convenient to be carried on for or in connection with the
performance of any of the other functions of the Authority; and
(n) to perform any other function or duty, and to exercise any power vested, in it by or pursuant to this Act or any other
law.
A 521
(2) The Authority shall have the power to:
(a) grant, renew, refuse, suspend or revoke licences, and to establish the conditions under which such licence may be granted,
renewed, refused, suspended or revoked and the fees which may be payable in each case;
(b) prescribe the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence
or other document or the undergoing of any examination or test required by this Act or any regulations, directive or order made thereunder
and in respect of any other matters in respect of which it appears to the Authority to be expedient for the purpose of the Act, regulations,
directive or order to charge fees;
(c) regulate the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or
other document required by this Act or any regulations, directive or order made thereunder, and as to the form, custody, production,
cancellation, suspension, endorsement and surrender of any such document;
(d) regulate the charges, fees or tariffs that may be charged or made for the use of ports and aerodromes, and for the
use of any transport facility including different means of public transport, and for services provided at such facilities;
(e) appoint its officers or employees to supervise the implementation of and, where necessary, to enforce this Act or any regulations
made thereunder or deemed to be made thereunder;
(f) establish codes of conduct for transport operators and the operators of other services provided for hire or reward which
codes of conduct shall have the force of law after publication in the Gazette;
(g) establish and impose, by regulations, tariffs, fees and administrative penalties;
(h) prohibit, control and otherwise regulate -
(i) the use by any person of any transport facility, including ports and aerodromes;
(ii) the presence of any person, aircraft, ship, boat, yacht, vehicle, cargo or goods within any transport
A 522
facility, including any port or aerodrome;
(i) load or unload any aircraft or ship, boat, yacht or vehicle in any aerodrome or port or road or wherever it may be;
(j) direct where any ship shall be berthed, moored or anchored in any port and the method of anchoring within the port, or where
any aircraft shall be parked in any airport and method of parking within the airport;
(k) remove or order the removal of any ship from one berth, station or anchorage to another in a port, and the time within which
such removal is to be effected, or remove or order the removal of any aircraft from a parking space, and the time within which such
removal is to be effected;
(l) regulate the movement of ships within or between ports, or within the approaches to a port or within territorial waters,
and of aircraft in an airport in the same manner and as may be applicable;
(m) carry on such business and other activities, do all such things and enter into all such transactions as appear to the Authority
to be necessary, convenient or advantageous for it to carry on or perform or enter into, for or in connection with the discharge
of its functions, or as appear to the Authority to be incidental or conducive thereto; and
(n) to fund public transport services and infrastructure, invest in transport systems and enter into negotiations and arrangements
with other persons to develop, improve, coordinate and secure the provision of public transport services.
(3) The Authority may, with the consent of the Minister, take part in the formation of a company, or enter into joint ventures or
partnerships for the purpose of fulfilling any of its functions.
(4) In carrying out its functions under this Act, the Authority shall ensure that its strategy, policies and activities conform
with the aims and objectives of national economic planning from time to time in force, general Government and Ministry directives
and shall give primary consideration to the impact of transport on the environment encouraging polices of environmental sustainability,
modal shifts and passenger transport.
(5) The Authority may cause or authorise any of its officers or employees to board any aircraft, ship, boat, yacht in port or outside
A 523
port, or any vehicle wherever it may be if it considers it necessary so to do in the discharge of any function under this Act or under
any other law or if it considers that there are reasonable grounds to believe that an offence against this Act, or against
any other law, or any regulation, rule, directive or order made thereunder, has been or is about to be committed.
(6) The Authority may cause or authorise any of its officers or employees, together with such workmen as may be necessary to -
(a) enter on any land or building for the purpose of erecting or maintaining any lighthouse or beacon or other navigational aid
for ships, or of examining, repairing, altering or removing any such lighthouse, beacon or other aid, and there remain for such reasonable
time as may be necessary for such purpose;
(b) erect and maintain lighthouses, or other aids as aforesaid upon or in any land, building, wharf, pier, or the shore or bed
of the sea and alter or remove any such lighthouse, beacon or other aid:
Provided that:
(i) the Authority shall as far as practicable give notice to the occupier of any land or building upon which it is intended to
enter in exercise of the powers conferred by this sub-article; and
(ii) the Authority in the exercise of the said powers shall do as little damage as is practicable in the circumstances and
shall pay compensation for any damage done and for the creation or requisition of any rights over property.
(7) The Authority may, instead of using its officers or employees to carry out any action sanctioned by this Act, decide
to authorize a contractor of the Authority to exercise such function and in such cases the contractor of the Authority shall have
such powers, rights and obligations as an officer or employee of the Authority and shall, for the purposes of this Act and any regulation
or directive made thereunder, be for all intents and purposes considered an employee of the Authority.
(8) The Authority may require any person to provide it with any information, including financial information, that the Authority
considers necessary for the purpose of ensuring compliance by that
A 524
person with the provisions of this Act, regulations prescribed thereunder and decisions or directives made in accordance with this
Act or any other law which the Authority is entitled to enforce. Any person who fails or refuses to provide such information shall
be in contravention of this Act and shall be liable to the imposition of an administrative fine as may be prescribed by the Authority.
Powers and functions in connections with road transport and roads.
(9) Where any damage is done to any works, plant or machinery in any aerodrome, port, transport facility or to any other property of the Authority by an aircraft, ship boat, yacht or vehicle or by any person engaged on any work on or about an aircraft, ship, boat, yacht or vehicle the Authority may restrain such aircraft, ship, boat, yacht or vehicle and shall thereupon notify the pilot, master, driver, owner or agent of such aircraft, ship, boat, yacht or vehicle or the agent or representative of such owner, to provide within the time specified in the notice, sufficient security for the payment of the damages so caused, and the aircraft, ship, boat, yacht or vehicle shall not be released until the security is given.
(a) to regulate transport by road, the registration, licensing and use of vehicles, the licensing of all commercial
operations connected with road transport, and to make provision for any matter that is provided for under this Act in connection
with transport by road;
(b) to occupy, plan, design, construct, re-construct, administer, maintain, repair and restore roads and to provide or secure or
promote the provision of the same and also to provide or secure or promote the provision of services for such purposes and to manage
and control the necessary works, including the planning and programming thereof and the planning and programming for the rebuilding
and restoration of the existing roads:
Cap. 363.
Provided that where the maintenance of any road is the responsibility of a Local Council in terms of the Local Councils Act, the maintenance
of such road shall not, to the extent of such responsibility, be the function of the Authority unless an agreement to that effect
is reached between the Local Council and the Authority:
Provided further that where a street or road is to be
A 525
formed by any other person in accordance with any other law, it shall not be the function of the Authority to form such street or
road;
(c) to establish standards and specifications to be maintained and complied with in the execution of any works connected with roads
and to do all such things as are necessary or expedient to ensure adherence to such standards and specifications by any Local Council
or person who carries out works on a road independently of who is responsible for that road and for this purpose to set up regular
programmes to verify as well as to ensure the implementation of such standards and specifications;
(d) without prejudice to any application that may need to be made under the Development Planning Act, to act as the sole authority to grant permits for any work on any road;
(e) to grant rights of way on roads to persons or in respect of;
(f) to do all such things as are necessary or expedient for the testing, registration and licensing of vehicles, owners of vehicles,
commercial operators of vehicles, drivers of vehicles, or other persons connected with road transport;
(g) to ensure the provision of adequate, efficient and environmentally friendly public transport systems and for this purpose
to either provide such services itself or enter into contracts of service or other binding instruments with third parties to provide
such services;
(h) to do all such things as may be necessary for the regulation, management, safety and control of road traffic both at a national
as well as at local level and for this purpose to adopt strategies and standards that are benchmarked at a European level;
(i) to plan, install, construct and maintain bus stops, fare stages, bus termini, taxi stands, karrozzini stands and other commuter
facilities, and to regulate the installation of bus shelters;
(j) to plan, design, regulate and authorize road traffic signs or signals, road markings and traffic calming measures, the installation
of traffic control equipment and related lighting equipment, the construction of road ramps, and the installation of speed cameras
and other road traffic facilities for the
Cap. 356.
A 526
purposes of traffic management and control;
(k) to provide and regulate parking places for motor vehicles in public areas and streets, and to regulate and issue licences to
car park attendants; and
Powers and functions in connections with maritime affairs.
(l) to establish weights, dimensions and equipment requirements for motor vehicles.
(a) to regulate transport by sea, the registration, licensing and use of boats, ships and yachts, the licensing of
all commercial operations connected with sea transport, the construction, maintenance and licensing of ports and port activities,
yachting centres and other facilities connected with sea transport and to make provision for any matter that is provided for under
this Act in connection with transport by sea;
(b) to regulate and control navigation within the limits of any port and the approaches thereto;
(c) to provide or ensure the provision of the appropriate fire-fighting services in ports, and the provision of pilotage and moorage
services to ships;
(d) to provide and maintain in Malta adequate and efficient lighthouses, beacons and other lights, buoys and other navigational
aids and services at such places, including the territorial waters of Malta, as the Authority may deem appropriate;
(e) to provide, maintain, develop, improve and operate ports in Malta and any of their facilities, and to provide, maintain
and operate therein and in the approaches thereto adequate and efficient services, and facilities as it may from time to time consider
necessary or advantageous for the proper, safe and efficient functioning of such ports or as the Authority may otherwise deem it
proper to provide in the public interest and to clean and clear any port or the approaches thereto;
(f) to provide and use or to ensure the provision and use of ships, boats, yachts and vehicles and other means for the salvage
or protection of life and property;
A 527
(g) to provide or ensure the provision of fuel and other necessities to ships and to exercise overall control of all port work
including the provision of port workers for port work;
(h) to promote and advance the skills of seafarers and of persons employed in ports and in the maritime industry and the efficiency
of the equipment used therein;
(i) without prejudice to the above, to provide or ensure the provision of such other services and facilities as are in the opinion
of the Authority necessary for the operation of ports;
(j) without prejudice to the provisions of any other law, to exercise overall control for the preservation of good order in the
territorial and internal waters of Malta, in any port and in the land and sea approaches to any port, and on wharves;
(k) to regulate, administer and control all matters related to merchant shipping or provided for under the Merchant Shipping
Act or any other related legislation and to provide all services thereto;
(l) without prejudice to any of the provisions of the Merchant Shipping Act, to do all such things as are necessary and expedient
for the testing, registration and licensing of boats, ships and yachts, owners or commercial operators of the same, seafarers, persons
working in ports or other persons or facilities connected with transport by sea;
(m) without prejudice to the provisions of the Environment Protection Act to prevent and control the pollution of any port
or the approaches thereto by oil or any other substances; and
(n) to regulate, control, develop and promote the yachting centres and to promote the maritime facilities of Malta.
(a) to ensure a safe operational environment in accordance with the Convention on International Civil Aviation done
at Chicago on the 7th December 1944;
(b) to regulate transport by air, the registration, licensing and use of aircraft, the licensing of all commercial
Cap. 234.
Cap. 234.
Cap. 348.
Powers and functions in connections with civil aviation.
A 528
operations connected with air transport and service providers, the construction, maintenance, licensing and inspection of aerodromes
and other facilities connected with air transport and to make provision for any matter that is provided for under this Act in connection
with transport by air;
(c) to regulate air traffic management and airspace design, including communications, navigation, surveillance, airspace
and air traffic management systems and procedures, as well as aeronautical information services;
(d) to regulate all matters connected with civil aviation and to coordinate with relevant civil aviation international organizations
and to promote international cooperation in civil aviation;
(e) to register aircraft in Malta, to approve and appraise the operational safety standard of locally registered airlines, and
to regulate, control, develop and promote the use of the civil aviation facilities of Malta;
(f) to prohibit aircraft from flying unless certificates of airworthiness issued or validated are in force with respect to them;
(g) to provide for access to aircraft factories for the purpose of inspecting work therein carried on therein in relation
to aircraft or parts thereof and for prohibiting or regulating the use of unlicensed aerodromes;
(h) to prohibit persons from engaging in, or being employed in or in connection with, air navigation and to license those employed
at aerodromes in the inspection or supervision of aircraft;
(i) to regulate the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving
Malta may fly, and the conditions under which aircraft may fly from one part of Malta to another;
(j) to regulate the conditions under which passengers and cargo may be carried by air and under which aircraft may be used for
other commercial, industrial or gainful purposes, and to prohibit the carriage by air of goods of such classes as may be specified
in regulations or order;
(k) to minimise or prevent interference with the use or
A 529
effectiveness of apparatus used in connection with air navigation, and to prohibit or regulate the use of such apparatus
as aforesaid and the display of signs and lights liable to endanger aircraft;
(l) generally to secure the safety, efficiency and regularity of air navigation and the safety of aircraft and of
persons and property carried therein, to prevent aircraft endangering other persons and property and, in particular, to detain aircraft
for any of the purposes specified in this paragraph;
(m) to require persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for
the purposes of air navigation;
(n) to license flight crew, air traffic controllers and apron controllers and to monitor the conduct of their medical examinations
and to license aircraft maintenance engineers and other aviation personnel;
(o) to regulate the making of signals and other communications by or to aircraft and persons carried therein;
(p) to establish any ensign, and to regulate the use of any ensign already established whether by regulations or order or otherwise,
for purposes connected with air navigation;
(q) to prohibit aircraft from flying over such areas in
Malta as may be specified in regulations or order;
(r) to support and assist in the investigation of air accidents and incidents.
(2) The Authority and each of the Directorates may exercise any one or more of their functions or responsibilities either directly or through any of their officers or employees authorised for the purpose, or through a contractor or other person with whom agreement for the performance of any one or more of such functions or responsibilities
Conduct of the affairs of the Authority.
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has been entered into:
Provided that nothing in this sub-article shall authorise the
Authority to contract out any of its regulatory or licensing functions.
Relations between the Minister and the Authority.
Legal personality and representation
of the Authority.
(3) Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be given to the Authority, any such thing or notice may also be done by or against or with respect to or be given to the Directorates under whose jurisdiction the matter falls by reason of a delegation of function to such Directorate; and for the purposes aforesaid any reference in this Act to the Authority includes a reference to the appropriate Directorate.
(2) A policy determination by the Minister shall only be binding on the Authority if it is communicated to it in writing
and is signed by the Minister.
(3) Without prejudice to the above, the Minister may, from time to time, give to the Authority directions, not inconsistent with
the provisions of this Act, to be followed by the Authority in the carrying out of its functions under this Act, and the Authority
shall, as soon as practicable, give effect to all such directions.
(4) The Authority shall afford to the Minister facilities for obtaining information with respect to its property, activities or
any other function or duty and furnish him with returns, accounts and other information with respect thereto, and shall also afford
to him facilities for the verification of information furnished, in such manner and at such times as he may reasonably require.
(5) If the Authority fails to comply with any directions issued under this article, the Prime Minister may make an order transferring
to the Minister in whole or in part any of the functions of the Authority in which case those functions may be exercised
by the Minister through the Chief Executive Officer of the Authority and through its Directorates, officers and other employees.
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holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of doing all such things
and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions under this
Act, including the lending or borrowing of money.
(2) The legal representation of the Authority shall jointly vest in the Chairperson and the Chief Executive Officer:
Provided that the Authority may appoint any one or more of its other members or any one or more of its officers or employees to appear
in the name and on behalf of the Authority in any judicial proceedings and in any act, contract, instrument or other document whatsoever.
(3) Any document purporting to be an instrument made or issued by the Authority and signed by the Chairperson or by the Chief Executive
Officer or by a head of the Directorate in relation to any matter delegated to him on behalf of the Authority shall be received in
evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Authority.
(2) Half the number of members for the time being constituting the Authority shall form a quorum. Decisions shall
be adopted by a simple majority of the votes of the members present and voting. The Chairperson, or in his absence the Deputy Chairperson
or other person appointed to act as chairperson, shall have an initial vote and, in the event of an equality of votes, a casting
vote. Without prejudice to the other requirements of this Act, no decision shall be valid which is not supported by at least
three members of the Authority where the Authority consists of six members other than the Chairperson or by at least four members
where the Authority consists of more than six members other than the Chairperson.
(3) Subject to the provisions of this Act, the Authority may regulate its own procedure.
(4) Subject to the foregoing provisions of this article, an act or proceeding of the Authority shall be valid notwithstanding any
vacancy among its members.
(5) All acts done by any person acting in good faith as a member of the Authority shall be valid as if he were
a member
Provisions with respect to proceedings of the Authority.
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Establishment of Directorates.
Appointment of Chief Executive Officer.
notwithstanding that some defect in his appointment or qualification be afterwards discovered. No act or proceeding of the Authority shall be questioned on the ground of the contravention, by a member, of the provisions of article 5(9).
(2) The Authority shall in writing vest in the Directorates established under sub-article (1) and subject to the overall supervision
and control of the Authority and of the Chief Executive Officer, such of its functions as relate or are ancillary to the matters
for which they are responsible as will enable the said Directorates to give effect to the strategies, policies and directives
of the Authority and to otherwise discharge effectively and efficiently the functions of the Authority in their respective areas
of operation.
(3) Each of the Directorates established under sub-article (1) shall be headed by a person having adequate experience or knowledge
in the respective area of operation who shall either be a public officer detailed for duty with the Authority or any employee of
the Authority, or a person detailed to work for the Authority in accordance with an agreement made between the Authority and a public
or private undertaking.
(4) The heads of the Directorates shall be appointed by the Authority following approval by the Minister for a period of three years
which may be extended for further periods of three years each.
(2) The Chief Executive Officer shall attend all the meetings of the Board but shall not vote at such meetings:
Provided that the Authority may if it so deems fit, require the Chief Executive Officer not to attend any of the meetings or any part
of a meeting.
(3) The Chief Executive Officer shall be responsible for the
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implementation of the objectives of the Authority in the exercise of its functions and without prejudice to the generality of the
foregoing shall -
(a) assume full responsibility for the overall supervision and control of the Directorates;
(b) with the approval of the Authority, assign to the Directorates such duties which are by, or in accordance with, the provisions
of this Act vested in such Directorates;
(c) co-ordinate the workings of the Directorates;
(d) develop the necessary strategies for the implementation of the objectives of the Authority;
(e) advise the Authority on any matter it may refer to him or on any matter on which he considers his advice necessary
or expedient; and
(f) carry out such other functions and duties as the
Authority may assign to him from time to time.
(4) The Chief Executive Officer shall not hold any other office or position without the consent of the Authority.
(5) The Chief Executive Officer may be dismissed by the Authority at any time for a just cause and it shall be a just cause if the
Authority determines that he has not achieved the targets and objectives set for him by the Authority.
(2) (a) The Audit Committee shall meet as frequently as necessary but at least six times a year.
(b) Meetings of the Audit Committee shall be chaired by the Deputy Chairperson of the Authority, or in his absence, by such member
of the Authority as may be designated for such purpose by the Chairperson of the Authority.
(c) The members of the Audit Committee shall be appointed on such terms and conditions as may be determined by the Authority.
(3) Without prejudice to the generality of the provisions of
Audit
Committee.
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sub-article (1), the Audit Committee shall have the following functions:
(a) to provide oversight of the systems of internal control and risk management of the Authority and to assist and support
the Authority in discharging its responsibilities in relation thereto;
(b) to provide the communication link with external auditors and to evaluate and coordinate the audit and financial reporting process
of the Authority;
(c) to scrutinize and evaluate any transaction to be entered into by the Authority with a value exceeding two
hundred and fifty thousand euro (€250,000); and
(d) to review and assess the effectiveness of the management of the Authority in its compliance with policies and in the discharge
of its regulatory and compliance functions;
(e) to manage all the most important risks undertaken by the Authority.
(4) The Audit Committee shall report directly to the Authority at least once every six months and at any such times as may be directed
by the Authority.
PART IV
Staff appointments.
Disclosure of interests.
OFFICERS AND EMPLOYEES OF THE AUTHORITY
(2) The Authority may, with the approval of the Minister given after consultation with the Minister responsible for finance, establish a scheme or schemes, whether by contributory or non-contributory arrangements or partly by one and partly by the other, for the payment of pensions, gratuities and other like benefits to its officers and employees on their retirement, death or injury, or to their dependants.
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engaged by the Authority, has any interest in, or material to, any matter which falls to be considered by the Authority, he shall
-
(a) disclose to the Authority the nature of his interest at the first meeting of the Authority after such interest is acquired
or in advance of any consideration of the matter, whichever is the earlier;
(b) neither influence nor seek to influence a decision in relation to such matter; and
(c) take no part in any consideration of such matter.
(2) Where a question arises as to whether or not a course of conduct, if pursued by a person, would constitute failure by him to
comply with the requirements of sub-article (1), the question shall be determined by the Authority and the decision and its motivation
shall be recorded in the minutes of the meeting during which the decision was taken.
(3) Where a disclosure is made to the Authority pursuant to sub-article (1), particulars of the disclosure shall be recorded in
the minutes of the relative meeting.
(4) Where a person to whom sub-article (1) applies fails to make the required disclosure, the Authority shall decide the appropriate
action to be taken which may include the removal from office or termination of the contract of the person concerned.
(5) Save as may be otherwise required or permitted for the purposes of this Act, or in the course of a prosecution for an offence
committed against any of the provisions of this Act or of any other law or of any regulations made thereunder, the Authority and
its staff shall, in carrying out their functions or duties under this Act, be bound by the provisions of the Professional Secrecy
Act and shall not divulge any information about any applicant or any benefits granted to any applicant without the prior written
consent of such applicant or as otherwise permitted by law.
Cap. 377.
Appointment and functions of officers and employees of
the Authority.
Detailing of public officers for duty with the Authority.
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the Prime Minister’s direction.
(2) The period during which a direction as aforesaid shall apply to any officer specified therein, shall, unless the officer
retires from the public service, or otherwise ceases to hold office at an earlier date, or unless a different period is specified
in such direction, end on the happening of any of the following events, that is to say:
(a) the acceptance by such officer of an offer of transfer to the service of, and permanent employment with, the
Authority made in accordance with the provisions of article 22; or
(b) the revocation of such direction by the Prime
Minister, in relation to such officer:
Provided that in relation to a public officer detailed for duty with the Authority with effect from such date as the Prime Minister
may in a direction as aforesaid establish, the detailing of such public officer shall cease to have effect after one year from the
effective date of such direction, unless the direction is revoked earlier by the Prime Minister.
Status of public officers detailed for duty with the Authority.
(3) Where a direction as aforesaid is revoked by the Prime Minister in relation to any officer, the Prime Minister may, by further direction, detail such officer for duty with the Authority in such capacity and with effect from such date as may be specified in the Prime Minister’s direction, and the provisions of sub-article (2) shall thereupon apply to the period of duration of such detailing by any such further direction in relation to such officer.
(2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he is so detailed -
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the appointment held by him under the Government on the
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date on which he was so detailed for duty; or
(ii) receive remuneration and be subject to conditions of service which are less favourable than those attached to the appointment
under the Government held by him on the date aforesaid or which would have become attached to such appointment, during the said period,
had such officer not been detailed for duty with the Authority; and
(b) shall be entitled to have his service with the Authority considered as service with the Government for the purposes
of any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and for the purpose
of any other right or privilege to which he would have been entitled, and liable to any liability to which he would have been liable,
but for the fact of his being detailed for duty with the Authority.
(3) Where an application is made as provided in sub-article (2)(a)(i) the same consideration shall be given thereto as if the applicant
had not been detailed for service with the Authority.
(4) The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister responsible
for finance in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the Authority
as aforesaid during the period in which he is so detailed.
(2) The terms and conditions of any permanent employment offered by the Authority under the provisions of sub-article (1) shall
not be deemed to be less favourable merely because they are not in all respects identical or superior to those enjoyed by
the officer concerned on the date of such offer, if such terms and conditions, taken as a whole, in the opinion of the Prime Minister
offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Authority offered to him under the provisions of sub-article (1) shall,
for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, and saving the provisions
of
Cap. 93. Cap. 58.
Offer of permanent employment with the Authority to public officers detailed for duty with the Authority.
Cap. 93. Cap. 58.
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Cap. 58.
article 41 of this Act, be deemed to have ceased to be in service with the Government and to have entered into service with the Authority
on the date of his acceptance, and for the purposes of the said Ordinance and of the said Act, so far as applicable to him, service
with the Authority shall be deemed to be service with the Government within the meanings thereof respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority was entitled to benefit
under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if his
service with the Authority were service with the Government.
(5) The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister
responsible for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent
employment with the Authority as aforesaid during the period commencing on the date of such officer’s acceptance.
(6) In the case of a public officer detailed for duty with the Authority with effect from the date established under the proviso
to article 20(2)(b) and who subsequently accepts permanent employment with the Authority the foregoing provisions shall apply
subject to the following provisions of this article.
Cap. 93. (7) For the purposes of the Pensions Ordinance the pensionable emoluments on retirement of any public officer to whom sub-article (6) applies shall be deemed to be the pensionable emoluments payable to an officer in Government service in a grade and at an incremental level corresponding to the post occupied and incremental level on the date on which the officer retires from the Authority.
(8) (a) For the purposes of this article, posts and salary grades with the Authority shall be classified in the most
nearly corresponding grades and incremental levels in the service under the Government by reference to job description, skills, responsibilities
and other analogous factors.
(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a chairperson appointed by the
Ministry responsible for finance and two other members, one appointed by the Ministry responsible for personnel policies
in general in the public service and one appointed by the Authority. The classification shall be subject to the final approval of
the Minister responsible for finance.
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(c) Such classification shall take place within three months of any adjustment of salaries of employees in Government service
and, or of employees of the Authority.
(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade
that the Minister responsible for finance may from time to time by notice in the Gazette determine.
(e) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled
to rights under the said Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification.
PART V FINANCIAL PROVISIONS
article, the Authority shall so conduct its affairs that the expenditure required for the proper performance of its functions shall,
as far as practicable, be met out of its revenue.
(2) For the purposes of sub-article (1) the Authority shall levy all fees, rates and other payments prescribed or deemed to be prescribed
by or under this Act or any other law providing for matters falling under the powers and functions vested in the Authority by or
under this Act.
(3) The Authority shall also be paid by Government out of the Consolidated Fund such sums as Parliament may from time to time authorise
to be appropriated to meet the costs of specified works to be continued or otherwise carried out by the Authority, being infrastructural
works or works of a similar capital nature.
(4) Subject to such directives as the Minister may give from time to time after consultation with the Minister responsible for finance,
any excess of revenue over expenditure shall be applied by the Authority to the formation of reserve funds to be used for the purposes
of the Authority. Without prejudice to the generality of the power of the Minister to give directives under this sub-article, any
directive given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner
as may be specified in the direction, of any part of the fees, rates and other payments levied in accordance with sub-article (2).
Cap. 93. Engagement of
consultants and
advisers.
Authority to meet expenditure out of revenue.
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Power to borrow or raise capital.
Advances from
Government.
Borrowing from
Government.
(5) Any funds of the Authority not immediately required to meet expenditure may be invested in such manner as may from time to time be approved by the Minister.
(2) The Authority may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of one million euro (€1,000,000) there shall be required the approval of the Minister in
writing.
(2) Notice of any loans, liabilities or advances made or incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in sub-article (1), or for the purpose of providing the Authority with
working capital, the Minister responsible for finance may, by warrant under his hand, and without further appropriation other than
this Act, authorise the Accountant General to make advances to the Authority out of the Treasury Clearance Fund under such terms
as may be specified by the Minister upon the making thereof.
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(4) The proceeds of any loan raised for the purposes of making advances to the Authority, and any other moneys to be advanced to
the Authority under this article, shall be paid into a fund specially established for the purpose and which shall be known
as the "Transport Regulation Authority Loan Fund".
(5) Sums received by the Accountant General from the Authority by way of repayment of advances made to the Authority under
sub-article (3) shall be paid into the Treasury Clearance Fund and sums received by the Accountant General by way of interest on
such advances shall be paid into the Consolidated Fund.
Provided that the estimates for the first financial year of the Authority shall be prepared and adopted within such time as the Minister
may by notice in writing to the Authority specify.
(2) In the preparation of such estimates the Authority shall take account of any funds and other monies that may be due to be paid
to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or of an appropriation Act or
of any other law; and the Authority shall so prepare the said estimates as to ensure that the total revenues of the Authority are
at least sufficient to meet all sums properly chargeable to its revenue account, including, but without prejudice to the
generality of that expression, depreciation.
(3) The estimates shall be made out in such form and shall contain such information and such comparisons with previous years as
the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the Authority, be sent forthwith to the Minister and to the Minister responsible
for finance.
(5) The Minister shall, at the earliest opportunity and not later than six weeks after he has received a copy of the estimates from
the Authority, approve the same with or without amendment after consultation with the Minister responsible for finance.
Estimates of the
Authority.
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Expenditure to be according to approved estimates.
Publication of approved estimates.
Accounts and audit.
(2) Notwithstanding the provisions of sub-article (1) -
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates
for that year by the House, whichever is the earlier date, the Authority may make or incur expenditure for carrying on its functions
under this Act not exceeding in the aggregate one-half of the amount approved for the preceding financial year;
(b) expenditure approved in respect of a head or sub- head of the estimates may, with the approval of the Minister given after
consultation with the Minister responsible for finance, be made or incurred in respect of another head or sub- head of the
estimates;
(c) in respect of the first financial year, the Authority may make or incur expenditure until the approval of the estimates for
that year not exceeding in the aggregate such amounts as the Minister responsible for finance may, after consultation with the Minister,
allow;
(d) if in respect of any financial year it is found that the amount approved in the estimates is not sufficient or a need has
arisen for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval
by the Minister and in any such case the provisions of this Act applicable to the estimates shall as near as practicable apply to
the supplementary estimates.
(2) The accounts of the Authority shall be audited by an auditor or auditors to be appointed by the Authority and approved
by the Minister:
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Provided that the Minister responsible for finance may, after consultation with the Minister, require the books and accounts of the
Authority to be audited or examined by the Auditor General who shall for the purpose have the power to carry out such physical checking
and other verifications as he may deem necessary.
(3) The Authority shall not later than three months after the end of each financial year cause a copy of the statement of accounts
duly audited to be transmitted to the Minister and to the Minister responsible for finance together with a copy of any report made
by the auditors on that statement or on the accounts of the Authority.
(4) The Minister shall cause a copy of every such statement and report to be laid before the House as soon as practicable.
(2) All payments out of the funds of the Authority, other than petty disbursements not exceeding a sum fixed by the Authority, shall
be made by such officer or officers of the Authority as the Authority shall appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account of the Authority shall be signed by such officer of the Authority as may
be appointed or designated by the Authority for that purpose and shall be countersigned by the Chairperson or such other member or
officer of the Authority as may be authorised by the Authority for that purpose.
(4) The Authority shall also make provision with respect to - (a) the manner in which and the officer or officers by
whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which the monies of the Authority are to be paid, and the transfer
of funds from one account to the other;
(c) the method to be adopted in making payments out of funds of the Authority, and generally with respect to any matter which
is relevant to the proper keeping and control of the accounts and books, and the control of the finance, of the Authority.
Deposit of revenues and payments by the Authority.
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Contracts of supply or works.
Annual report. 34. The Authority shall, not later than three months after the end of each financial year, make and transmit to the Minister and to the Minister responsible for finance a report dealing generally with the activities of the Authority during that financial year, distinguishing, in particular, between each of such Directorates as may be established under the provisions of this Act and containing such information relating to the proceedings and policy of the Authority as either of the said Ministers may from time to time require. The Minister shall cause a copy of every such report to be laid on the Table of the House as soon as practicable.
Exemption from taxation.
Transfer of assets to the Authority.
PART VI
TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY
(b) The immovable assets from time to time specified in an Order made by the President of Malta and published in the Gazette (hereinafter
referred to as "the immovable assets") being immovable assets which immediately before the coming into force of the Public
Transport Authority (Amendment) Act, 2000, were owned by the Government and used by it for the exercise of any of the functions
which by this Act are being transferred to or vested in the Authority shall, with effect from such day as may be specified in any
such
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Order, and by virtue of this Act and without any further assurance be transferred to and vested in the Authority under the same title
by which they were held by the Government before such day.
(2) The transfer and vesting in the Authority as aforesaid shall extend to the whole of such property and undertakings and, without
prejudice to the generality aforesaid, shall include all plant, equipment, apparatus, instruments, vehicles, ships,
craft, wharves, quays, piers, jetties, buildings, structures, installations, land, roads, works, stocks and other property, movable
or immovable, assets, powers, rights and privileges and all things necessary or ancillary thereto which are held or enjoyed in connection
therewith or appertaining thereto, as well as all obligations affecting or relating to any of the aforesaid property or undertakings
or other thing included therein as aforesaid:
Provided that in respect of aerodromes, roads, wharves, quays, piers and jetties the transfer and vesting in the Authority as aforesaid
shall not extend to the ownership thereof but shall be limited to their use, administration and operation including
any benefit deriving from such use, administration and operation, subject to the obligation of the Authority to maintain, to the
extent that such maintenance is not the responsibility of Local Councils in terms of the first proviso to article 6(4)(b), and keep
all such property, and for the purposes of articles 37 and 38 such property shall be deemed to be included in the properties transferred
to the Authority by or under this Act.
(3) The Minister may by Order in the Gazette from time to time vest in the Authority any land held by the Government in order that
the Authority may construct any aerodrome, road, port, wharve, quay, pier or jetty thereon, and the provisions of the proviso to
sub- article (2) shall apply to any land so vested by the Minister under this sub-article.
Construction of laws, etc.
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or governmental authority.
Transitory provisions.
(2) Any reference in any law to the Malta Transport Authority or the Public Transport Authority or the Malta Maritime Authority or the Civil Aviation Department shall be read and construed as a reference to the Authority as so defined in article 2 and shall include a reference to any Directorate established under this Act, as the case may require.
(2) Where immediately before the date of the coming into force of this Part of this Act there are still pending any legal
proceedings relating to any of the properties or undertakings, or to any right or liability, transferred to the Authority by or under
this Act and to which the Government, the Malta Maritime Authority or the Malta Transport Authority or the Civil Aviation Department
is or is entitled to be a party, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government,
or for the aforesaid Authorities or Department, as the case may be, or shall be made a part thereto in like manner as the Government,
any such Authority or Department could have become a party as aforesaid, and such proceedings shall not abate by reason of the substitution.
(3) The Minister may by order make such incidental, consequential and supplemental provisions as he may deem necessary or expedient
for the purpose of determining, as appropriate, the assets transferred to the Authority by this Act and securing and giving full
effect to the transfer of any property or undertaking or any right or liability to the Authority by this Act and make such orders
as may be necessary to make any powers and duties exercisable by the Government, the Malta Maritime Authority or the Malta Transport
Authority or the Civil Aviation Department in relation to any of the transferred property or undertakings exercisable by or on behalf
of the Authority.
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PART VII
MANAGEMENTCOMMITTEES
(2) The members of the Management Committee shall hold office for such period and on such terms and conditions as the
Minister may determine in the Order aforesaid.
(3) The provisions of sub-articles (5)(a), (6) and (9) of article
5 shall mutatis mutandis apply to the members of the management committees.
(4) Each Management Committee shall keep minutes of all its meetings and shall forward copies of such minutes to the Authority,
The provisions of article 13 shall mutatis mutandis apply to the committee and its acts or proceedings.
PART VIII ADMINISTRATIVE REVIEW TRIBUNAL
article 5 of the Administrative Justice Act shall be competent to hear and determine:
(a) appeals made by any person aggrieved by any decision of the Authority not to grant or renew, or to suspend or to revoke
a licence, or to impose conditions, limitations or exclusions therein or therefore; and
(b) appeals made by any person aggrieved by an administrative or any other penalty imposed on that person by the Authority.
(2) Any proceedings which immediately before the coming into force of this article are pending before the Transport Appeals Board
established under the Malta Transport Authority Act shall, with
effect from the 1st September 2009, be assigned to the Administrative
Appointment and functions of management committees.
Right of appeal. Cap. 490.
Cap. 332.
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Review Tribunal mentioned in this article for decision and thereafter shall be regulated by the provisions of Part III of the Administrative
Justice Act.
(3) There shall be a right of appeal in accordance with the provisions of Part IV of the Administrative Justice Act from decisions
of the Administrative Review Tribunal under sub-article (1) or (2) and such appeal shall be to the Court of Appeal
(Inferior Jurisdiction).
PART IX
Persons deemed public officers.
Cap. 9. Licensing of
activities.
Power to make regulations.
MISCELLANEOUS
(2) Any person who carries out or is engaged in any such operation, undertaking or activity without a licence or who acts in breach
of any condition of such licence, shall be guilty of an offence and shall be liable on conviction to a fine (multa) of -
(a) not less than €25 but not exceeding €50,000 with regards to road transport offences,
(b) not less than €25 but not exceeding €150,000 for maritime transport offences,
(c) not less than €1,500 but not exceeding €250,000 for offences relating to civil aviation,
or to imprisonment for a term not exceeding twenty four months, or to both such fine and imprisonment.
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(2) Without prejudice to the generality of sub-article (1) such regulations under this article may, in particular with respect to
road transport and vehicles, provide -
(a) for the registration of motor vehicles or other vehicles and the grant, renewal, transfer, suspension and cancellation
of licences in respect of motor vehicles or other vehicles, the drivers thereof, public transport employees, car hire garages,
transport of passengers or goods for hire or reward, and for such other licenses in connection with motor vehicles or other
vehicles and the users thereof as may be necessary;
(b) for providing for the manner in which application for the grant, renewal or transfer of licences or of any one or more classes
thereof is to be made; for the contents of such application, for the manner in which such licences are to be granted, renewed or
transferred, the form in which such licences are to be issued, the contents thereof and the manner in which renewals or transfers
thereof are to be indicated;
(c) for fixing the duration of the validity of licences or of any one or more classes thereof;
(d) for making provision to ensure that licences or any one or more classes thereof will lapse on a specified day or on specified
days;
(e) for prescribing that any one or more classes of licensees shall wear such distinctive badges as may be specified, for determining
the fees payable in respect of such badges and for making other provisions in respect thereof;
(f) for prescribing the services which must be given by a public transport vehicle, the time, manner and conditions in which
or under which such services are to be given and the place from which orders, agreements or other arrangements for such services
are to be given or made, and for requiring the distribution among the owners of public transport vehicles, or of such part thereof
as may be prescribed in the regulations, of all fares, fees and other receipts collected by them, in the manner, terms and conditions
prescribed in the regulations;
(g) for the construction, equipment, condition and maintenance of motor vehicles or other vehicles and their periodical examination
by official experts;
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(h) for the classification of motor vehicles or other vehicles according to their use as approved by the Authority;
(i) for ordering inside motor vehicles or other vehicles the display of any information;
(j) for prescribing the registers to be kept by licensees of public transport vehicles, and the information to be supplied by
such licensees;
(k) for the control, restriction or prohibitiong the passage or stopping of motor vehicles or other vehicles through
or on any road, street, lane, square or other places of public thoroughfare;
(l) for pedestrian crossings and for the restriction or control of the movement of pedestrians in, through or across any road,
street or other places of public thoroughfare;
(m) generally for the control or the use of motor vehicles or other vehicles on the road and for the regulation of traffic of motor
vehicles or other vehicles;
(n) for the management and supervision of public transport services and for the maintenance and enforcement of discipline
on those services;
(o) for the conditions of work in public transport services for the protection of the welfare of public transport employees;
(p) for establishing the fees leviable in respect of the grant, renewal or transfer of licences or of any one or more classes
thereof, either by direct determination or by reference to the manner in which such fees are to be reckoned; and to make provision
for fees leviable in respect of broken periods:
Provided that regulations under this paragraph may establish the minimum and the maximum of any fee leviable in respect of licences
or of any one or more classes thereof, and in such case the fee leviable in each particular case shall be fixed by and in the discretion
of the Authority;
(q) for making provision in respect of the refund of fees or part thereof paid under the provisions of this Act or of any regulations
made thereunder;
(r) for prescribing a tariff of fares in respect of public
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transport vehicles and services;
(s) for establishing the fees for the provision of any service or the management of a service by the Authority or by any person
on its behalf or under its authority, including, without prejudice to the generality of the foregoing, any fees or other
charges for any service in connection with the regulation of any activity by the Authority;
(t) for the making of any deposit or the giving of any guarantee to ensure the performance of any obligation by any person imposed
as a condition of any permit, authorisation or licence under this Act;
(u) for the regulation of public transport and the transport of goods in general, including the making of codes of practices
to be observed in any matter by persons involved in such activities;
(v) for the powers and duties of officers, employees and or of contractors appointed by the Authority.
(3) Without prejudice to the generality of sub-article (1) regulations under this article may, in particular with respect to maritime
matters, provide for the maintenance, control and management of the territorial and inland waters of Malta, for the conveyance of
passengers and transport of goods by sea, for the management of any port or yachting centre and the land and sea approaches to any
port or yachting centre and for the maintenance of good order therein and in particular, but without prejudice to the generality
of the foregoing, may provide for all or any one or more of the following purposes:
(a) the preservation of good order in any part of the territorial and inland waters of Malta, in any port and the land and the
sea approaches to any port, and on wharves, and for any other purpose in respect thereof;
(b) regulating traffic within the limits of a port or the land and sea approaches thereto;
(c) regulating the use of berths, stations and anchorages to be occupied by ships and the removal of ships from one berth, station
or anchorage to another, and the time within which such removal is to be effected;
(d) regulating ships while taking in or discharging
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crews, passengers, cargo or ballast, as the case may be, or while taking in fuel or stores;
(e) keeping free passages of such width as is deemed necessary, within any port and along, on or near to piers, jetties, landing
places, wharves, quays, docks, moorings and similar works in or adjoining the same or similar places, and for marking out
the places so to be kept free;
(f) regulating, controlling, and prohibiting the presence of any person in any place or building in a port or the use by any
person of any such place or building;
(g) regulating the anchoring, fastening, mooring and unmooring and warping of ships and the use of warps, mooring, buoys, anchors,
chains and other mooring in any port;
(h) regulating traffic, preventing obstruction and keeping order on any areas, piers, jetties, landing places, wharves,
quays and docks in a port or its land and sea approaches and for ensuring the safety of any of the places and works aforesaid;
(i) regulating the use of fires and lights and the signals to be used by day and by night and the measures to be taken in case
of fire in a port;
(j) regulating the use of navigation lights or signal lights by ships, the use of flags and signals by ships arriving
at, lying in or departing from a port and the use by ships of steam whistles, steam sirens and other like instruments;
(k) prohibiting chipping, scaling, engine runs and repairs on ships, as the case may be, except at such anchorages or
places as the Authority may appoint;
(l) regulating the floating of any object in any port or the approaches to a port and the casting or depositing of any dead body,
ballast, rubbish or other thing into the territorial and inland waters of Malta, or into any port or the approaches thereto;
(m) defining dangerous, hazardous, inflammable, explosive or offensive goods, regulating the movements and berthing of ships
carrying such goods and prescribing the duties of masters of any such ship and of persons engaged in or supervising the loading,
unloading, landing and transport of any
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such goods;
(n) the prevention, removal and marking of any obstruction in any port and the approaches thereto and the prevention
and control of pollution by oil and other substances, or in any other way, of any port and the approaches thereto;
(o) regulating the placing and maintaining of moorings and buoys in any port;
(p) the taking of measures for preventing ships from leaving any port if over-loaded, improperly loaded, improperly found, or
if otherwise unseaworthy, subject to any provisions of any law relating to merchant shipping;
(q) the protection of ships, passengers and cargo, and the removal of ships and their cargoes and appurtenances which obstruct
or are likely to obstruct any port, the reimbursement of expenses in connection therewith, and the levy and recovery of a rent for
permitting a hulk or wreck or wreckage to lie in any port or the approaches thereto;
(r) regulating, declaring and defining the wharves, quays, docks, piers and places in the ports, from or on which persons
shall be embarked or disembarked and goods loaded or unloaded;
(s) regulating the manner in which and the conditions under which the loading and unloading of ships, and the lighterage, handling
and warehousing of goods, including the delivery of goods from a warehouse, shall be carried out;
(t) regulating the use of warehouses, wharves, quays, docks, piers and other places in ports on or from which goods are loaded
or unloaded and the conduct of persons taking part in the loading or unloading of goods on or from a ship in any port;
(u) requiring and regulating the issue of a licence to a person to be a ship agent, the conditions under which such licence is
issued and the levying of a fee for the issue of such licence, and otherwise regulating and controlling the activities of ship agents
and persons representing owners of ships in so far as such activities relate to ships which may be or have been in a port;
(v) regulating the manner in which ships left idle in a port in excess of such time as may be allowed by the Authority
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or practically or wholly unattended or insufficiently manned may be dealt with or disposed of;
(w) regulating any of the following:
(i) the disposal of perishable or unclaimed goods found in any port;
(ii) the prohibition of smoking in any part of any port or approaches thereto;
(iii) the sale of goods in any part of any port;
(x) regulating matters concerning porters, carriers and other labourers to be employed within the precincts of a port, the issue
of licences for the performance of such occupation and any matter concerning the discipline of such personnel:
Provided that the service of luggage porters shall be subject to the supervision and control of the Authority:
Provided further that no responsibility shall attach to the Government or to the Authority for any loss or damage caused during the
embarking, disembarking or transhipment of any luggage by any licensed luggage porter;
(y) providing for the grant, renewal, cancellation and suspension of licences in relation to ships used for the conveyance of
passengers and transport of goods by sea;
Cap. 234.
(z) providing for the establishment and regulation of fares that may be charged for the conveyance of passengers and transport
of goods by sea;
(aa) without prejudice to the requirements under the Merchant Shipping Act, providing for additional requirements in relation to
the regulation and licensing of drivers of ships engaged in the conveyance of passengers and transport of goods and other persons
employed in the operation of such ships;
(bb) after consultation with the Malta Communications Authority, to regulate any aspect relating to the use of radio communications
by merchant ships;
(cc) prescribing anything that may or is to be prescribed under this Act or which relates to any function or duty of the Authority
assigned to it by or under this Act or by or under any other law.
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(4) In order to achieve further the purposes of this Act with respect to civil aviation matters, the Minister may by regulation
or order make such provision as appears to him to be requisite or expedient -
(a) for carrying out or giving effect to any international convention or other international agreements relating to civil aviation
to which the Government is or intends to become a party;
(b) generally for regulating air navigation;
(c) for prescribing or making provision for any matter that is to be or may be prescribed under this Act or under the Civil Aviation
Act;
(d) for implementing any European Community obligation in matters relating to air transport or civil aviation;
(e) as to the registration of aircraft and aircraft mortgages in Malta;
(f) for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the regulations or
order are in force with respect to them and except upon compliance with such conditions as to maintenance or repair as may be specified
in the regulations or order;
(g) for the licensing, inspection and regulation of aerodromes, for access to aircraft factories for the purpose of inspecting work
therein carried on in relation to aircraft or parts thereof and for prohibiting or regulating the use of unlicensed aerodromes;
(h) for prohibiting persons from engaging in, or being employed in or in connection with, air navigation in such capacities as
may be specified in the regulations or order except in accordance with provisions in that behalf contained in the regulations or
order, and for the licensing of those employed at aerodromes in the inspection or supervision of aircraft;
(i) as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving Malta may
fly, and as to the conditions under which aircraft may fly from one part of Malta to another;
(j) as to the conditions under which passengers and goods may be carried by air and under which aircraft may be
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used for other commercial, industrial or gainful purposes, and for prohibiting the carriage by air of goods of such classes as may
be specified in the regulations or order;
(k) for minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation,
and for prohibiting or regulating the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft;
(l) generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and
property carried therein, for preventing aircraft endangering other persons and property and, in particular, for the detention of
aircraft for any of the purposes specified in this paragraph;
(m) for requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorogical information for
the purpose of air navigation;
(n) for regulating the making of signals and other communications by or to aircraft and persons carried therein;
(o) for establishing any ensign, and for regulating the use of any ensign already established whether by the regulations or
order or otherwise, for purposes connected with air navigation;
(p) for prohibiting aircraft from flying over such areas in Malta as may be specified in the regulations or order;
(q) as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence
or other document required by the regulations or order (including the examinations and tests to be undergone), and as to the form,
custody, production, cancellation, suspension, endorsement and surrender of any such document;
(r) for regulating the charges that may be made for the use of aerodromes and for services provided at such aerodromes;
(s) for prescribing the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate,
licence or other document or the undergoing of any examination or test required by the regulations or order and in
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respect of any other matters in respect of which it appears to the Minister to be expedient for the purpose of the regulations or
order to charge fees;
(t) for exempting from the provisions of the regulations or order or any of them any aircraft or persons or classes of aircraft
or persons.
(5) Regulations or orders under sub-article (4) may, for the purpose of securing compliance with the provisions thereof, provide
for the imposition of penalties not exceeding a fine (multa) of one hundred thousand euro (€100,000) or a penalty of more than one thousand and five hundred euro (€1,500) for each day that
the offence persists and imprisonment for a term nod exceeding six months, and, in the case of any provision having effect by virtue
of sub-article (4)(l), may also for that purpose provide for the taking of such steps (including firing on aircraft) as may be specified
in the regulations or order.
(6) Regulations or orders under this article may, for the purpose of the proper implementation and enforcement thereof,
provide for the granting of the power to the Authority to enter and search any premises, to have access to any relevant document
in any form, to require any person to supply any relevant information, to carry an on-site inspection, to issue an order to any person
to cease from doing any thing which constitutes an infringement of this Act or of any regulation or order made thereunder and to
demand from any person an undertaking to desist from doing any such thing and to publish any such undertaking and any decision
of the Authority related to the said regulations or orders.
(7) Generally, the Minister may also make regulations providing for the discipline of the employees of the Authority
or of the contractor, whether regular or casual, and the procedures to be followed for such purpose, including the appointment
of a disciplinary board and the conduct and procedure thereof, and providing for the punishments that may be awarded by such
board.
(a) prescribe imprisonment and different fines (multi)
for different offences;
(b) prescribe fines (multi) calculated in accordance with
Power of Minister to make regulations in respect of criminal offences.
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the duration of the commission of the offence:
Provided that any such regulations as may be made shall not provide for:
(i) imprisonment for more than eighteen months, or a fine (multa) of more than one hundred thousand euro (€100,000); or
Scope of regulations or orders.
Refusal to grant or to renew, suspend or revoke a
licence.
(ii) one thousand and five hundred euro (€1,500)
each day during which the offence persists.
(2) The Authority may refuse to grant a licence if it is satisfied, on reasonable grounds, that -
(a) the applicant has supplied information in or in connection with the application for the licence that was false or misleading,
or
(b) the applicant has contravened any provision of this Act or of any other Act regulating road transport and traffic or regulations
thereunder.
(3) The Authority may refuse to renew a licence if it is satisfied, on reasonable grounds, that the licensee -
(a) supplied information in or in connection with the application for the renewal of the licence that was false or misleading,
or
(b) has contravened any provision of this Act or of any other Act regulating road transport and traffic or regulations thereunder,
(c) is no longer a fit and proper person to provide a service for which such person is licensed.
(4) Where the Authority is satisfied that a licensee has been
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guilty of misconduct in the course of providing a service or has contravened any provision of this Act or of any other Act regulating
transport and traffic or regulations thereunder, it may suspend the licence for a specified period or revoke the licence.
(5) Where the Authority proposes to refuse to grant or renew a licence, or to suspend or revoke a licence, it shall notify the applicant
or licensee of its proposal, giving the reasons for such refusal, suspension or revocation, and shall consider any representations
that are made to it in writing by the applicant or licensee within fourteen days after the said notification.
(6) If the Authority, having considered any such representations, decides to refuse to grant or renew a licence or to suspend
or revoke it, it shall notify the applicant or licensee of the decision and the ground leading to such suspension or revocation and
of the procedure for appealing against it.
(2) An administrative fine imposed under sub-article (1) shall not exceed one hundred thousand euro (€100,000) for each contravention or one thousand five hundred euro (€1,500) for each day of non-compliance, from the date of the decision of the Authority.
(2) The words "Malta Transport Authority" wherever they may occur in any law or regulation shall be substituted
by the words "Authority for Transport in Malta" without the need of any further amendment.
(3) For the words "Executive Director", "Executive Directors", "Director" and "Directors",
wherever they may occur in regulations made under the Malta Maritime Authority Act, there shall
Administrative penalties.
Exemption by
Minister.
Savings.
Cap. 352.
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be substituted the word "Authority" and any definition of "Executive Officer", "Executive Directors",
"Director" and "Directors" in regulations made under the same Act shall be deleted.
(4) Any order, rule, regulation, bye-law, notice or other instrument having the force of law made under the authority of any of the
provisions of the enactments listed in the Second Schedule shall continue in force and shall continue to have effect as if made under
this Act and may be amended, substituted or revoked accordingly.
Exemption from liability.
Repeal of the Malta Transport Authority Act. Cap. 332.
Amendment of other enactments.
(5) Any licence, permission, authority or order granted or made under any of the provisions of the enactments listed in the Second Schedule and still in force immediately before the date of coming into force of this Act shall as from such date continue in force as if it were a licence, permission, authority or order granted or made under a corresponding provision of this Act, and any such licence, permission, authority or order as aforesaid shall be treated and dealt with accordingly.
Reprint. 53. Without prejudice to any other law, in any reprint of this Act, the Third Schedule need not be reproduced and it shall be sufficient to reproduce Parts I to IX and the First and Second Schedules of this Act:
Provided that nothing in this article shall be construed as reducing the validity of anything contained in the Third Schedule not
so reproduced.
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FIRST SCHEDULE (Article 14) Directorates
Subject to the Minister’s powers under article 7(2), there shall be the following Directorates:
1. Integrated Transport Strategy Directorate - which shall have the responsibility for the integration of transport research and
infrastructure planning, the development and coordination of transport policies, the educational aspects of transport within the
Authority, the development of standards and the coordination of European Union affairs.
2. Ports and Yachting Directorate - which shall have the responsibility for preserving the good order in internal and territorial
waters, safety of navigation, overall control of port work, provision of port workers, prevention and control of pollution, provision
of pilotage, fire fighting facilities, supplies and other ship requirements, regulating, controlling and promoting yachting centres.
3. Merchant Shipping Directorate - which shall have the responsibility for ship, boat and yacht registration, the provision of
all ancillary services and the promotion of Malta as an international maritime centre.
4. Road Transport Directorate - which shall have the responsibility for the provision of a properly integrated, safe, economical
and efficient public transport system and the licensing and regulation of vehicles and the drivers thereof and commercial road transport
operators.
5. Roads and Traffic Directorate - which shall have the responsibility for the construction, re-construction and maintenance of
roads, the management of traffic and the promotion of traffic safety.
6. Civil Aviation Directorate - which shall have the responsibility for all matters connected with civil aviation, including air
navigation, the registration of aircraft and aircraft mortgages, the provision of ancillary services and the promotion of Malta as
an international centre for aircraft registration and ancillary services.
7. Corporate Services Directorate - which shall have the responsibility for providing common legal, financial, human resources
and administrative services that are required for the proper functioning of the Authority.
8. Enforcement Directorate - which shall have the responsibility for the overall enforcement of the provisions of this Act and
other laws and regulations regulating road, sea and air transport.
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SECOND SCHEDULE (Article 49) Enactments
Civil Aviation Act, Cap. 232
Malta Transport Authority Act, Cap. 332
Malta Maritime Authority Act, Cap 352
THIRD SCHEDULE (Article 52) Amendments of Laws
First Column Second Column
Enactment Extent of Amendments
Malta Maritime Authority Act Cap. 352.
1. In the heading to the Act for the words "Malta Maritime Authority" there shall be substituted the words "Ports
and Shipping".
2. For the long title of the Act there shall be substituted the following:
"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.".
3. Immediately before the sub-title "Preliminary" there shall be inserted the words "PART I".
4. In article 2 thereof -
4.1 for the definition "the Authority" there shall be substituted the following:
" "the Authority" means the Authority for Transport in Malta established under the Authority for Transport in Malta
Act;";
4.2 immediately after the definition "the Authority" there shall be inserted the following new definition:
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" "boat" means a small water craft, propelled by oars, sails, engines, or other methods;";
4.3 in the definition "charges", for the words
"article 39" the shall be substituted the words "article
15";
4.4 in the definition "contractor", for the words "in pursuance of article 8(3)" there shall be substituted
the words "in pursuance of article 7(2) of the Authority for Transport in Malta Act";
4.5 in the definition "dues", for the words "article 39" there shall be substituted the words "article
15";
4.6. the definition "Executive Director" shall be deleted;
4.7 in the definition "fees", for the words "article 39" there shall be substituted the words "article
15";
4.8 the definitions "financial year" and
"function" shall be deleted;
4.9 immediately after the definition "fees" there shall be inserted the following new definitions: " "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;
"Gazette” means the Malta Government
Gazette;";
4.10 the definition "internal waters" shall be deleted;
4.11 in the definition "Minister", for the words "ports and shipping" there shall be substituted the word "transport";
4.12 the definition "mooringman" shall be deleted;
4.13 the definition "navigational aid or services" shall be deleted;
4.14 the definition "pilot" shall be deleted;
4.15 in the definition "port", for the words "under article 27" there shall be substituted the words "under
article 3";
4.16 the definition "port facilities" shall be deleted;
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4.17 in the definition "rates", for the words "article 39" there shall be substituted the words "article
15";
4.18 in the definition "yacht" in the Maltese text for the word "yacht" there shall be substituted the word "jott"; and
4.19 in the definition "yachting centre" for the words "article 27" there shall be substituted the words
"article 3" and, in the Maltese text, for the word "yachting" there shall be substituted the word "tal-jottijiet".
5. Part I to Part IV thereof shall be deleted.
6. Part V thereof shall be renumbered as Part II and article 27 thereof shall be renumbered as article 3, article
28 thereof shall be deleted, and articles 29 to 38 thereof
shall be renumbered as articles 4 to 14.
7. For sub-article (2) of article 3 thereof, as renumbered, there shall be substituted the following:
"(2) Without prejudice to the other provisions of this article the places specified in Part I and II of the Schedule to this
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.".
8. For sub-article (2) of article 4 thereof, as renumbered, there shall be substituted the following:
"(2) No boat or ship shall be used for or in connection with any trade, business or calling in the territorial and inland waters
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.".
9. In article 13 thereof, as renumbered, for the words "during the time such ship remains in Malta." there shall be substituted
the words:
"during the time such ship remains in Malta:
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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 longer be deemed to be the agent of the ship from the date of the appointment of the subsequent
ship agent by the ship owner.".
10. For the words "Part VI" thereof there shall be substituted the words "Part III".
11. Articles 39 to 53 thereof shall be renumbered respectively as articles 14 to 28.
12. In article 14 thereof as renumbered -
12.1 in sub-article (1) the words "under article
52" shall be deleted; and
12.2 in paragraph (b) of sub-article (2) for the words "on account of such ship." there shall be substituted the following
words:
"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.".
13. In article 17 thereof, as renumbered, for the words
"article 40" there shall be substituted the words "article
15".
14. In article 18 thereof, as renumbered, for the words "in articles 40 and 41" there shall be substituted the words "in
articles 15 and 16".
15. In article 21 thereof, as renumbered, for the words
"article 43" there shall be substituted the words "article
18", and for the words "article 41" there shall be substituted the words "article 16".
16. For article 21 thereof, as renumbered, there shall be substituted the following:
"21. The Authority may authorize any of its officers and employees or any other person to board any ship, within or outside a
port, to establish the proper amount payable in respect of such ship.".
17. In article 23 thereof, as renumbered, for the words "articles 30, 31 and 32" there shall be substituted the
words "articles 5, 6 and 7".
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18. For article 24 thereof, as renumbered, there shall be substituted the following:
"24. (1) Without prejudice to any other remedy allowed by law, if the master of a ship in respect of which dues, rates or charges
leviable under this Act are payable refuses or neglects to pay such dues, rates or charges on demand, the Authority may issue
an order restraining such ship from sailing.
(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 order by the Authority restraining such ship from 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.".
19. In paragraph (c) of sub-article (1) of article 27 thereof, as renumbered, for the words "article 39" there shall be
substituted the words "article 14".
20. The words "Part VII" and articles 54 to 64 shall be deleted.
21. For the words "PART VIII" thereof there shall be substituted the words "PART IV".
22. Articles 65 to 67 shall respectively be renumbered as articles 29 to 31.
23. In article 31 thereof, as renumbered immediately after the words "as provided" there shall be inserted the word "for".
24. For the words "PART IX" thereof there shall be substituted the words "PART V".
25. Articles 68 to 80 thereof shall respectively be renumbered as articles 32 to 44.
26. In article 32 thereof, as renumbered, for the words "two thousand and three hundred and twenty-nine euro and thirty-seven
cents (2,329.37)" there shall be substituted the words "two thousand and five hundred euro (€2,500)".
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27. In sub-article (3) of article 33 thereof, as renumbered, for the words "two thousand and three hundred and twenty-nine euro
and thirty-seven cents (2,329.37) and to a further fine (multa) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94)" there shall be substituted the words "two
thousand and five hundred euro (€2,500) and to a further fine (multa) not exceeding two hundred and fifty euro (€250)".
28. In article 34 thereof, as renumbered, for the words "four thousand and six hundred and fifty-eight euro and seventy-five
cents (4,658.75)" there shall be substituted the words "four thousand and seven hundred and fifty euro (€4,750)".
29. For article 35 thereof, as renumbered, there shall be substituted the following:
"35. If -
(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).".
30. In article 36 thereof, as renumbered -
30.1 in sub-article (1) for the words "eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87)"
there shall be substituted the words "eleven thousand and seven hundred and fifty euro (€11,750)"; and
30.2 for sub-article (2) there shall be substituted the following:
"(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 fine (multa) not exceeding one thousand and one hundred euro (€1,100).".
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31. In article 37 thereof, as renumbered, for the words "any other person, or pilots" in the English text there shall be
substituted the words "any other person, or who pilots"; immediately after the words "of an offence and" in the
English text there shall be inserted the word "shall", and for the words "eleven thousand and six hundred and forty-
six euro and eighty-seven cents (11,646.87)" there shall be substituted the words "eleven thousand and seven hundred and
fifty euro (€11,750)".
32. In article 38 thereof, as renumbered, immediately after the words "of an offence and" in the English text there shall
be inserted the word "shall", and for the words "two thousand and three hundred and twenty-nine euro and thirty-seven
cents (2,329.37)" there shall be substituted the words "two thousand and five hundred euro (€2,500)".
33. In article 39 thereof, as renumbered, for the words "articles 30 or 31" there shall be substituted the words "articles
5 or 6", and for the words "one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69)" there
shall be substituted the words "one thousand and two hundred euro (€1,200)".
34. In article 40 thereof, as renumbered, immediately after the words "of an offence and" in the English text there shall
be inserted the word "shall", and for the words "six thousand and nine hundred and eighty-eight euro and twelve cents
(6,988.12)" there shall be substituted the words "seven thousand euro (€7,000)".
35. In article 41 thereof, as renumbered, for the words "two thousand and three hundred and twenty-nine euro and thirty-seven
cents (2,329.37)" there shall be substituted the words "two thousand and three hundred euro (€2,300)".
36. In article 42 thereof, as renumbered, for the words "eleven thousand and six hundred and forty-six euro and eighty-seven
cents (11,646.87)" there shall be substituted the words "eleven thousand and six hundred euro (€11,600)", and for
the words "one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.68)" there shall be substituted
the words "one thousand and one hundred euro (€1,100)".
37. In article 43 thereof, as renumbered, for the words "under article 8(3)" there shall be substituted the words "under
article 7(5) of the Authority for Transport in Malta Act".
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38. For the words "PART X" thereof there shall be substituted the words "PART VI".
39. Articles 81 and 82 thereof shall respectively be renumbered as articles 45 and 46.
40. In article 45 thereof, as renumbered -
40.1 in sub-article (1) thereof, for the words "the Port Dues Ordinance and" there shall be substituted the words "the
Port Dues Ordinance, before it was repealed or by the Malta Maritime Authority Act before it was amended by the Authority
for Transport in Malta Act, and";
40.2 in sub-article (2) thereof, for the words "repealed by this article shall, notwithstanding" there shall be substituted
the words "referred to in sub- article (1), notwithstanding";
40.3 in sub-article (3) thereof, for the words "repealed by this Act and still in force immediately before such repeal, shall"
there shall be substituted the words "referred to in sub-article (1), and still in force immediately before the coming into
force of this Act, shall"; and
40.4. sub-articles (4) and (5) in the Maltese text shall be renumbered as sub-articles (2) and (3).
41. In article 46 thereof, as renumbered, for the words
"article 81" there shall be substituted the words "article
45".
42. In the Schedule -
42.1 for the words "(Articles 27 and 54)" there shall be substituted the words "(Articles 3 and 30)";
42.2 in Part I thereof, immediately after the words "the Government of Malta and the" there shall be inserted the
word "former".
Code of Police Laws
Cap. 10.
1. In article 2 thereof -
1.1. the definitions "boat" and "master" shall be deleted; and
1.2. for the definition "Malta Maritime
Authority" there shall be substituted the following: "the expression "Authority for Transport in
Malta" means the Authority for Transport in
Malta established under the Authority for
Transport in Malta Act;"
2. Articles 20 to 37 thereof shall be deleted.
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3. Articles 224, 229, 230, 231, 235, 236, 237 and 238 thereof shall be deleted.
4. In articles 226 and 228 thereof, for the words "the Malta Maritime Authority" there shall be substituted the words
"Authority for Transport in Malta".
Port Workers Ordinance Cap. 171.
1. In article 2 thereof the definition "Director" shall be deleted and for the words "Executive Director" or
"Director" wherever they appear in regulations made under the said Ordinance there shall be substituted the word
"Authority":
Provided that any definition of "Executive Director" or "Director" in regulations made under the said Ordinance
shall be deleted.
2. For sub-article (1) of article 3 thereof there shall be substituted the following:
"(1) No person shall act as a port worker unless he is registered as such with the Authority, for which purpose the Authority
shall keep a register.".
3. In the proviso to sub-article (3) of article 3 thereof for the word "Director" there shall be substituted the word
"Authority".
4. In article 5 thereof for the word "Director", wherever this word appears in this article, there shall
be substituted the word "Authority".
5. In paragraph (a) of sub-article (2) of article 9 thereof for the word "Director", wherever this word
appears in this paragraph, there shall be substituted the word "Authority".
6. In paragraph (f) of sub-article (1) of article 11 thereof for the word "Director" there shall be substituted
the word "Authority".
7. In sub-article (1) of article 14 thereof for the word
"Director" there shall be substituted the word "Authority".
8. In paragraph (d) of article 17 thereof for the word
"Director" there shall be substituted the word "Authority".
Merchant Shipping
Act
Cap. 234.
1. In article 2 thereof -
1.1 for the definition “Authority” there shall be substituted the following:
" "Authority" means the Authority for Transport in Malta established by the Authority for Transport in Malta Act";
and
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1.2 in the definition "ship" for the words "pontoons and rigs" there shall be substituted the words "pontoons,
floating establishments, installations or structures, oil rigs"; and the words "but not including vessels propelled by
oars" shall be deleted.
2. In article 41 thereof -
2.1 in sub-article (1) the word "(1)" shall be deleted; and
2.2 sub-article (2) shall be deleted.
3. In article 168A thereof -
3.1 sub-articles (1), (2), (3), (4) and (5) shall respectively be renumbered as sub-articles (2), (3), (4), (5) and (6);
3.2 immediately before sub-article (2) as renumbered there shall be added the following new sub-article:
"(1) Without prejudice to any other interpretation that may be given, other than for the purposes of this article, the terms
"seaman", "seamen"; "crew", "member of the crew", "members of the crew", and
"crew member" shall include a master of a ship and any other person serving on a ship.";
3.3 in sub-article (4) as renumbered, for the words "sub-article (2)" there shall be substituted the words "sub-article
(3)"; and
3.4 in sub-article (5) as renumbered for the words "sub-articles (2) and (3)" there shall be substituted the words "sub-articles
(3) and (4)".
4. In sub-article (1) of article 363 thereof, for the words "There shall be a Registrar-General of Shipping and Seamen
whose office shall be held by an Executive Director of the Authority, and" there shall be substituted the words "There
shall be a Registrar-General of Shipping and Seamen to be appointed by the Authority".
5. In article 372C thereof, for the words "from time to time determine" there shall be substituted the words "from
time to time determine, and differed equivalences may be determined for different provisions of this Act or for different provisions
in regulations made under this Act".
6. In article 374 thereof -
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6.1 sub-articles (4), (5) and (6) shall be renumbered respectively as sub-articles (5), (6) and (7); and
6.2 immediately after sub-article (3) there shall be added the following new sub-article:
"(4) The Minister may make regulations to amend, substitute or delete all or any of the provisions of sub-articles (4) to (8)
of article 3, and of articles 7, 10 to 35, and of articles 84A to
84Y of this Act.".
Civil Code
Cap. 16.
For article 1996A thereof there shall be substituted the following:
"1996A. (1) It shall be lawful for a creditor to subordinate, postpone, waive or otherwise modify his existing or future rights
of payment, enforcement, ranking and other similar existing or future rights in favour of another person.
Such subordinatation, postponement, waiver, modification or similar action may be made by agreement with or by unilateral declaration
to any person, including another creditor, whether determined or yet to be determined at the time of the entry of such agreement
or the making of such declaration.
The words "creditor" and "person" as used in this article shall include a class of creditors or a class of persons,
as the case may be, whether the members of either such class are determinate or yet to be determined.
(2) Notwithstanding that the right may arise from a public deed, be registered in a public register or be subject to any other
formality, an agreement or declaration as contemplated by this article shall be valid and enforceable between the relevant parties
if made in writing without the need of any other formality or registration:
Provided that such agreement or declaration may be registered by any party to such agreement and by any maker of such declaration
-
(a) at the ship registry by means of an annotation,
(b) at the aircraft registry by means of an annotation,
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(c) in all other cases, at the Public Registry by means of a note and in such case it shall have effect in relation
to third parties.
(3) Such subordination, postponement, waiver, modification or other similar action in respect of any existing
or future rights may be governed by a trust instrument in terms of which rights of any persons, including creditors or debtors,
present or future, are regulated.
(4) Any agreement or declaration as referred to in sub-article (1) hereof shall be valid and enforceable in accordance with its
terms, and shall not be affected by the insolvency of any person bound by or entitled under such agreement or unilateral
declaration or of the relevant debtor.".
Marriage Act
Cap. 255.
For the words "in international waters on board a passenger vessel registered in Malta" wherever they appear
in the Act, there shall be substituted the words "on board a Maltese registered ship while this is not in the internal waters
of any country other than Malta".
Malta Freeports Act
Cap. 334.
1. In sub-article (1) of article 2 thereof -
1.1 the definition "body of persons" shall be deleted;
1.2 for the definition "excise laws" there shall be substituted the following:
" "excise laws" means the Excise Duty
Act;"
1.3 the definition "income tax" shall be deleted;
1.4 the definition "Income Tax Acts" shall be deleted;
1.5 in the definition "licensed company" for the words "article 11" there shall be substituted the words "article
10"; and
1.6 the definition "person" shall be deleted.
2. In article 3 thereof -
2.1 for sub-article (1) thereof there shall be substituted the following:
"(1) The areas of Malta shown on the plan in the Schedule shall, for all intents and purposes of this Act and of any other law,
constitute Freeport zones."; and
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2.2 sub-article (2) thereof shall be amended as follows:
(i) the first proviso thereof shall be deleted;
(ii) in the second proviso thereof the word
"further" shall be deleted; and
(iii) in the third proviso in the English text, for the words "Provided also" there shall be inserted the words "Provided
further".
3. In article 5 thereof -
3.1 sub-article (5) thereof shall be amended as follows:
(i) in paragraph (b) thereof, the word
"and" shall be deleted;
(ii) paragraph (c) thereof shall be renumbered (d); and
(iii) immediately after paragraph (b) there shall be inserted the following new paragraph (c):
"(c) The Minister may by notice in the Gazette -
(i) designate the Authority for Transport in Malta to act as the Authority,
(ii) make such other orders, give such directions and make such provisions as appear to him necessary in connection with,
or conducive to the better conduct of, any such designation, and
(iii) amend, substitute or revoke any such order, direction or provision; and"; and
3.2 for sub-article (6) thereof there shall be substituted the following:
"(6) (a) The Authority shall, not later than six months after the end of each financial year, cause a copy of its audited financial
statements to be sent to the Minister and the Minister responsible for finance together with a copy of the report of the auditor
or auditors with respect to such financial statements.
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(b) The Authority shall, together with the audited financial statements, make and transmit to the Minister a report dealing generally
with the activities of the Authority during the financial year containing such information relating to the proceedings
and policy of the Authority as the Minister may, from time to time, require.
(c) The Minister shall cause a copy of every such report to be laid on the Table of the House of Representatives as soon
as practicable.".
4. In article 6 thereof -
4.1 sub-article (1) thereof shall be amended as follows:
(i) immediately after the word "allocate" in paragraph (c) thereof, there shall be inserted the words "by title
of lease, concession or similar title";
(ii) for the first proviso to paragraph (c)
there shall be substituted the following proviso: "Provided that the Authority may not
by title of sale, perpetual emphyteusis or
temporary emphyteusis for a term that exceeds, or may be made by the grantee to exceed, fifty years, alienate any immovable property
situated within a Freeport."; and
(iii) the second proviso to paragraph (c)
shall be deleted.
4.2 Sub-articles (2) and (3) thereof shall be deleted.
5. In article 7 thereof the words "for the purposes of article 27" shall be deleted.
6. In article 8 thereof -
6.1 for the words "Provided that" in the proviso to sub-article (1) thereof, there shall be substituted the words
"Provided that, without prejudice to sub-article (1) of article 6,"; and
6.2 sub-articles (2) and (3) thereof shall be deleted.
7. Article 9 thereof shall be deleted.
8. Articles 10 to 17 thereof shall be renumbered respectively as articles 9 to 16.
9. In article 13 thereof as renumbered -
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9.1 in sub-article (1) thereof for the words "article 11" there shall be substituted the words "article 10";
and
9.2 for sub-article (4) thereof there shall be substituted the following:
"(4) The Authority may permit any person whomsoever to have access to and operate in a Freeport, even if such person cannot,
for any reason whatsoever, be a licensed company for the purposes of article 10 of this Act if, in the opinion of the Authority it
would be useful, necessary or conducive to the better development or functioning of a Freeport that such person be granted such
access and be allowed to operate in the Freeport.".
10. In sub-article (1) of article 14 thereof as renumbered the words "for the purposes of article 24 and"
shall be deleted.
11. In article 16 thereof as renumbered -
11.1 in paragraph (c) of sub-article (3) thereof, for the words "article 11(1)" there shall be substituted the words "article
10(1)"; and
11.2 in the proviso to sub-article (6) thereof, for the words "article 10" there shall be substituted the words "article
9".
12. Articles 18, 19, 20, 20A, 21, 22, 23 and 24 thereof shall be deleted.
13. Articles 25 and 26 thereof shall be renumbered respectively as articles 17 and 18.
14. Article 27 thereof shall be deleted.
15. Articles 29 to 35 thereof shall be renumbered respectively as articles 20 to 26.
16. In article 20 thereof as renumbered -
16.1 in paragraph (a) of sub-article (1) thereof for the words "article 11" there shall be substituted the words "article
10";
16.2 in sub-article (2) thereof for the words "articles 8, 9, 10,11 and 14" there shall be substituted the words "articles
8, 9, 10 and 13" and for the words "article 28" there shall be substituted the words "article 19"; and
16.3 in paragraph (b) of sub-article (5) thereof for the words "article 12(2)" there shall be substituted
the words "article 11(2)".
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Civil Aviation Act
Cap. 232.
1. In article 2 thereof -
1.1 immediately after the definition "air transport undertaking" there shall be inserted the following new definition:
" "Authority" means the Authority for Transport in Malta as established by the Authority for Transport in Malta Act;";
1.2. for the definition "Director" there shall be substituted the following:
" "Director General" means the Director General responsible for Civil Aviation in Malta;";
1.3 for the definition "European Union" there shall be substituted the following:
" "European Union" has the same meaning as is given to it in the European Union Act;";
1.4 for the definition "Member State" there shall be substituted the following:
" "Member State" means a Member State of the European Union;";
1.5 in the definition "Minister", for the words "civil aviation" there shall be substituted the word "transport";
1.6 the definition "tariff" shall be deleted;
1.7 the definition "the Treaty" shall be deleted; and
1.8 sub-article (2) shall be deleted.
2. For article 3 thereof there shall be substituted the following:
"Appointment of Director General for Civil
Aviation.
3. (1) The Authority shall appoint a person to act as Director General for Civil Aviation in Malta.
(2) The Director General shall implement the strategies and objectives of the Authority and shall act in accordance with the policies,
strategies and directives of the Authority.
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(3) The Director General shall be subject to such directions, decisions or other controls that the Authority or its other designated
officials may issue from time to time and shall exercise such powers as may be delegated to him by any law or regulation or by the
Authority.".
3. In sub-article (3) of article 4 thereof, for the words "four hundred and sixty-five euro and eighty-seven cents (465.87)"
there shall be substituted the words "five hundred euro (€500)".
4. In article 5 thereof -
4.1 in sub-article (1) thereof for the words "two thousand and three hundred and twenty-nine euro and thirty-seven
cents (2,329.37)" there shall be substituted the words "two thousand and five hundred euro (€2,500)";
and
4.2 in sub-article (3) thereof for the words "by article 3" there shall be substituted the words "or on the Authority
by any other law or regulation".
5. In article 7 thereof -
5.1 in sub-article (1) thereof, for the words "the Director who" there shall be substituted the words "the Authority
which";
5.2 in sub-articles (3), (4), (5), (6) and (7) thereof, for the word "Director" wherever it appears there shall be substituted
the word "Authority".
6. In article 8 thereof, for the word "Director" wherever it appears there shall be substituted the word
"Authority".
7. In article 9 thereof, for the words "the Minister" there shall be substituted the words "the Authority".
8. In article 10 thereof -
8.1 in sub-article (1) thereof, for the words "four thousand and six hundred and fifty-eight euro and seventy-five cents
(4,658.75)" there shall be substituted the words "four thousand and five hundred euro (€4,500)"; and
8.2 in sub-article (2) thereof, for the words "the Minister" wherever they appear there shall be substituted the words
"the Authority".
9. Part III thereof shall be deleted.
10. Part IV thereof shall be renumbered as Part III.
11. Articles 12, 13 and 14 thereof shall respectively be renumbered as articles 11, 12 and 13.
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12. Part V thereof shall be renumbered as Part IV.
13. Articles 15, 16 and 17 thereof shall respectively be renumbered as articles 14, 15 and 16.
14. In article 15 thereof, as renumbered, for the words "the Director" there shall be substituted the words "the Director
General".
15. Part VI thereof shall be renumbered as Part V.
16. Articles 18 to 22 thereof shall respectively be renumbered as articles 17 to 21.
17. Subarticles (4) and (5) of article 17 thereof, as renumbered, shall be deleted.
Passed by the House of Representatives at Sitting No. 140 of the 14th July,
2009.
LOUIS GALEA
Speaker
PAULINE ABELA
Clerk to the House of Representatives
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