XVII tal-1991

MALTA MAKIT IMt: AUTHOKITl' Ac.., .. 199 1

A RRANGEMENT OF SEcnONS

Preliminary

Short cicle and commen<:emcnc

Sections 27 and 54

Pml

ll!e G rand Hamou r of V.Uella

Pan 11

I.

MaT>8mXCII Harbour

2. Mars.axlokk Harbour

Sain t Paui'l Bay

3.

4. Th e landing places al-

(a) Ramla.il- Bir;

(b) 1 ~-Cirkewwl

M~IT,Gow

S.

Pan III

I, The Grand Harbour of Valklla

2. Mamtmxell Harbour

3, Mal'5llxlokk Harbour

4', Mgarr . Gozo.

Pan IV

I. T a' Xbiex YachlingCentre

2. Msida Yacllting Cen tre

3. Sliema Yacht; n, Centre

4. Mgarr YloChting Centre. Gcno

SECON D SCHEDULE

Amcndmmt of Laws

Second Column

E.J:tenl of Amc:ndmcnl5

In s«lion 2. immediately aFte ' Ihe ddini tion of

-in habited arca- there shall be in!.Crled the following new

defin ition

- the c ~ prc5Sion " Malta Maritime AUlho.ily- m~an5

the Authority established under the 1'.lalla Mari time

Authority Act, 1991.-,

In ~cl ion 218 for lhe "'-Old. "No person- Illc:rt' shall b..

Subsli lUl ed the "~,ords "Sa"(> as provided in any olher law.

no pc-rwn- and for the ,",'onls -Oi r«lor of Pons. - the re Shall

be SuMliluled the " .. ords "~laha Maritime AUlhorily.-.

in $Ubscction (I) of section 219 for the words '111e

MiniSlcr responsible for pon s- there shall be substi tuted thl'

" 'orl!s -Sa~e as provided for in any olher law, the

Commissione r of Police",

S«lions 220 alld 221 shall be dtlcl ed.

In subsection (1) of K'clion 224 for lhe words "11 ~hall

not be lawful"' lhere shall be substituled the words -Save as

provided for in any olhe r law , It shall nol be la wful - .

In section 226 for Ihe words ~Commissioner of Pol i~ . ­

lhere sha ll be sUbslitu ted Ihe words "CommiS5ioner of Po1i~

granted wilh Ihe COI1K'nl of lhe Malta Maritime Aulhorily . ~ .

In subseclion (2) of section 229 for the words ~of the

Director of Pons- lhe re shall be substituled the words Mof

the Malla Maritime AuthorityM.

In subsection (I) of section 231 for the words

MCommissioner of Police.- there shall be substitulcd the

words ~Comm issioner of Police . and if the ooat to be used

in the carrying on of such trade is not registered in lerms of

the Malla Maritime AUlhority Act. 1991.".

Sections 131. 233 amI 234 shall be deleted

Se<:tion 237 shall be amended as follows

(a) in sub!iCc,ion (I) for 'he "urds -to the Director

of I'orts"" there shall be SUbsl'luted lhe " 'ords - IO!he Malla

Mari'ime AUlhorily-

(b) in the Mahese tut . for subsections (2). (3) and

(4) lhere shall be wbst ilu ted the following

A

....

(2) Meta jkun melllieg;Cw jaqbel iIIi

~

,-,

.>

Ki kWllnlitA ,,' munizzjon jew cspluzivi ollra jew

ta ' xi taghbija ohra ta ' ~orta perikoluta li Ikun

'"'--

abbord xi baslimenl merkantili ,inllatt

lemporanjamenl waql li l-bastiment ikun fx;

-

port ta ' Malta, I ·Awloril~ Marillima ta ' Malta

tkun ,ista' talllar x'imkicn fejn ghandlla

tilqieghcd dik il-mcrkanz.ija, u lordnl lill-kapt an

lal·bastimenlli jaMen dik il-merkanzija fein hila

tkun halret.

(3) Jekk il ·kapl Bn jonqos lijcKgwiui

dan l~rdn i minnufih , l-AWlor1tll Ma ri u ima 11'

Malta lislB ' tesegwixxi dak l-(lrdni bi speifei u

b'riskju lal-kaptan.

(4) L-Awl oril~ Marillim a ta' Malta

m'gl'tandhicI thalli Hafar tal-bastiment mghobbi

b'dik il -muniujon Jew csplufi vi Jew taghbija la'

xon a perikoluta Jew t. irtirta' xi part; minn dik H-

mcrkanzija, sa kemm ma jkunux thall&u lilha I.

ispcjjc:!: laHrasporl U harsien la ' dilr. il·

merkanzija u la' dak iI ·ba~li ment ,"; u

(c) in lne English IUI , in subsections (2) and (3) for

the words " Director of Pons" .... heruer they appear there

5hall be sub5tituted the words MMaltl Ma ritime Authority"

and in subsection (4) for the words "The Di rector ofPor1s"

there ~hall be substituted the .... ords "The Malta Marilime

Authority-,

In Ihe Mallese text , article 238 shall be deleted and

substituted as follows

. """' . laghmel

.....

238. L-Awtorit~

Marinima la' Malta ghandha

M.,;.,; .. ,

tfillxija bir· reqqa fuq kull bastiment

,-

, ...

to· M.I ..

merkantili li jlr.un hall munizzjon jcw esplutivi

obra jcw xi taghbija ohra ta'

pcrilr:oIuia ,

.Orla

~

,(",ul"

sabie. hi titgu", ,""hha li rna baqa ' xejn itjcd

,~

abbord; u ghaldaqwklr. tn;la ' liehu kull pass li

_i .......

jidhrilha rnchliei,".

~

-

~

-~

In the English text , in sed ion 238 for the words

"Din:c1or of Ports" .... herever they appear there shall be

substituted tile words " Mall a Maritime Authority".

Sections 23910 269, bol ll inclusive. shall be dele ted .

For subse<:tion (2) of section 270 Ihere shall be

substituted Ihe following

~(2) Such licence shall not be ,ranled. or renewed,

exccpt on production of a ~aljd cerhficate of regist rat ion

of lilt boal and other valid certificates related !O

seaworthiness and $<I fely of life al ~a rcquirtd under the

Malta Maritime Authority Act. 199L ~ .

In KCIion 2n for the words Mpublic Tran sport

AUlhority.M there sllall be substituted the words " Publ ic

Transport Authority wilh Ihe cunsen! of the Malta Marit ime

Authority .M.

In !iCClion 281 for the words MCummissioner of Policc M

r.bcre shall be substituted the ,,"'ords MMaha Mariti me

AuthorityM.

Sections 287 and 288 shall be deleted.

In sed;on 289 lhe words - plying either as passcn,cr

M

boats or 115 tugs. mall be substituted by lhe words - plying

as passenger boars.-.

Section 290 shall be amended as follows

<al subsection (2) shall be «, numbered 115 su~ctio"

(3);

(b) for subsection (I) there shall be substituted the

following

~( I ) EveI)' liuch 5tearn-bo»lmall be provided with

a licence tobeissued byth.c Public Tramipon Authonty.

(2) Such licence $hall not be granted , or renew~d.

ucept on production of a valid certificate of registration

of the boat and other valid certificates related 10 hull.

equipment and machinery issued unde rth.c provi$io:n;>or

the Merchant Shipping Act or of tile Malta MantrnlC

Authorily Act. 1991 ."; and

(c) in subsection (3) as renu mbered the words "the

number of pontoons or the bu rden of the ship the boat is

fit to IOW," shall be deleted .

Sections 29] 10 294 both inclusive shall be deleted.

In section 296 for the words ~The owner" there shall

be $lIbstituled the words ~Unless othe rwise provided in

regulations made under the Me rchant Shipping Act Or the

Malta Marilime AuthorilY Act , 1991 to ensure safety of

life al sea . the owner", and immediately following the

words Moompetcnt enginee r" lhen: shall be insencd tile

words "a ppointed as engineer_surveyor of $hips under the

Merchant Shipping Act".

A

4\17

m

Section

shall be amended as follows

(a) for the words RThe owner" there shall be

substituted Ihe "'ords ~Un less otherwise provided in

regulat ions made under the Merchant Shipping Act or the

Malta Maritime Authority Act. 1991 to ensure safety of

life at sea . the owner~ . and immediately following the

words Rsurveyor of shipsH there shall be substituted the

words Mappointed under the Merchant Shipping AcC;

(b) in paragraph (d) for the W(lrd " harbour; M there

shall be substituted the word MhBrbour .H; and

(c) paragraph (e) shall be deleted.

Section 298 shall be amended as folloWli

(a) for the words RThe certifIcates then: shall be

H

substituted the words uUnless otherwise provided in

regulations made in lerms of the Merchant Shipping Act

or the Malta Maritime Authority Act , 1991. the

certificates H;

(b) for the words Rli'le Commiwonerof Police when

referring to tugs and with the Public Transport Authority

when rderring to pa~nger boa ~M there shall be

~ubstituled the words HPublic Transport AuthorityH; and

(e) for the words "Commis:o;ionerof Police, orof the

Pu blic Transport Authority. as the case may be" there

shall be subst ituted the words " Public Transport

Authorit yM,

Sections 299, 300, 301 and 304 shall be deleted.

Sections 307 and 308 shall be deleted and substituted as

follows

307. 11 shall not be lawful for any peTWn 10 act

,.

as boatman of a paS$Cnger boat withoul a licence

from the Public Transport Authority.

30&. Such licence shall nOI be granled to any

$Caman who is not in posse55ion of an appropriate

certificate of competency. or a certificate of

proflCicncy or lice nce is:o;ued in terms of section 91

of the Merchant Shipping Ad . or to any seaman

who in the opinion of the Public Transport

Authority is not a fit and proper pen;on to act as

boat man.".

I n section 309 for the words UCustoms Ordinance . ~ there

shall be substit uted the words HCustoms Ordinance, or if the

certilicate o f competency or certificate of proficiency or

licence. as the CIIK may be. issued 10 the holder in terms of

section 91 of th~ Merchant Shi pping Act has been cance lled

M

or suspe nded. .

In section &30, immediately after subsection (2), there

shall be added the following new $u~ction

M(3) A warrant for the im ped iment of

departure of a ship Or vessel shall be rescinded , on an

application of the Maha Maritime Authority. if the Court is

sa tisfied lhal , because of tbe nature of i15 ca rgo or

because of its length , draUght or othe r circumstances

ClC)nCerning safety, navigation Of pon operations . il is

advisable that the ship or vessel should leave port

without dday .-.

Except as otherwise provided in this Schedule -

<a) fOT the words MDirector of Ports-, wherever

they occur in the Ordinal!«. there shall be 5ubn;luled

the word - Director ~;

(b) for the words "Manager of Port Workers",

wherever they OCC:UT in the Ordi nance there shall be

substituted tbe word - Authority";

(e) for the words " Minister responsible for Pons".

wherever they occur in the Ordi oan~e. there shall be

substituted the word " Minister"

(d) for !be words " Pon Depanment". whe rever

they oocur in the Ordi nance. the.e shall be substituted

the word " Authority"

(e) for the word$ " Ports Ordinance". wherever

they occur in the Ordinance, there shall be substituted

the words "Malta Marit imc:A uthority Ad. 1991 "and the

uprC$Slon "Cap. 17()" wherever it appears io the margin

shall be deleted.

Section 2 shall be amended as follows

(a)

immediately after the definition of "Ad "t here

wll be insc:ned the folJo .. i ng IICW definition

"" Authority" meanS the M alt~ Maritime

Authority established under the Malta Maritime

Authority Ad , 1991 :";

(b) the definition of "depanmen\" and that of

"Director of Pom" shall be deleted;

(,) for the definition of " Director" there shall be

substituted the followinll

"-Director" means the Executive Director

responsible fOT pons appointed under section 8 of

the Maha Maritime Authority Act . 1991 ;"

A

".

(d) the defini tio n of MMan ager of Port Workers-

shall be deleted , and in it~ place there Shall be inserted

the follo wing new definitio n.

--Minislcr- means Ihe Minister responsible for

ports, and iocl .. des any penon acting under his

aUlhori ly;~.

For Ihe proviso to subsection (2) of section 3 the re shall

be substituted the following

- Provided Ihal. at the end of soch period.

regist",lio n may be rencwed .-.

In liubscction (3) of section S. Ihe words - in consultation

M

wi th the Director of Ports sha ll be deleted ;

Section (9) shall be substituted as follows

( I) The supply of port W(lri<en for

9. ""SupP,o(

po<t"""' ... ·panicular port

work or \0 particular employers

shall take place th'(HJgh the Authorit y.

(2)

The Authority shal1 -

(a ) supply , in accordance wil b such

5)"ite m as is established in In order which is in

force under the provisions of section 8 of this

Ordinance. and subj«'\ to such cond itions as

may be prescribed . !Xlrt workers 10 emp loyers

for any PQrt work authorized by the Director

in such numbers. order and priority as may be

dete rmined by Ihe Dircx;tor ;

(b) ascertain the amount of fees due: by

employers of port workers in accordance wilh

such tari ff as may be made under the

provisions of th is Ordinan«. collect such fees

from the person responsi ble for their paymenl

and pay 10 the port \\IOrkers concerned 5uth

fees as shall bedue 10 them in accordant<: with

the provisions of this Ordi nace

(t) notwi thslanding the provisions of

the Social Security Act . 1987. collect from

employers of !Xlrt workers and from port

workers any rontribulions which may be due

by them for the purposes of the Social Security

ACI. and pay in a<Tears at monthly intervals all

contributions so collected in such form and

manner as Ihe Minister respon sible for social

$CCurily may. wilh the conaJ rrence of the

Min ister responsible for {jnan« , from time

and limedelermine. and be responsible lor the

custody of the relative insurance cards;

(d) maintain and supply records of

employmtn\ and eamings;

(e)

reoord attclldaoces and absellCC':$ of

pori WQrkcrs;

(t) furnish such returns and statistics in

cormection with Ihe employment of pon

workers as may be rcql,lired;

(g)

aiOI!rtain

and

Ihe

C(l1l«1

administrative

surcharge specified

In

subsection {J} of this $ection and kee p an

account of all receipts and upenditurc

connected IlIerewith separately from an

acrount of 1111 receipts and tlpenditl,lrc

connected wilh any other monies

Provided that aU welt accounts shan

be maintained in such form ""

(i)

the Board may dctennine; and

(ii) be subj«1lo i~ion by the

Board;

(h ) carry 0111 such otber functions as

may be pre5Cribed.

(3) The Authority , afler consultation

wilh the Board. and with the approval of the

Minister . shall levy on employers of pon workers

an administration surcharge I3lculated at sl,ICh

percentage of tbe gross wages of pon workers, as

may be prescribed from time to time.

(4) For the purpose of performing its

functions under subsection (2) of thi$ ~tion the

Authority shaU ha~e power to request any

employe r of pon wo rkers to produce such

information including documents at RKh time and

at such place ~ it may require .

In section 2]. the second proviso 511all be deleted.

In t ile Second and Third Schedu]e, for the words

'·Allorney General as . civil debt due to the Government of

Malla ~, in paragnlpll (2) of each of these 5I;hedules, the re

shall be substituted the words ~ Authority as a civil debt due 10

it ~ .

A

""

Subliw:ion ( I) of seclioo 2 ~al l be amended IS folio"""

immediately before the definition of

(a)

shall he ;nsencd the following new

~dcaranceM the~

definition

MM A ultwri ly" me a n~ the Malta Maritime Au-

thority cSlabli~ h ed by the Malla Maritime A uthori ty

A ct, 1991:" ;

(b) for the defi niti on o{ " Registrar-General " there

shall be $ub!;,iluled the fo ll owing

"" Regist rar_General " me ans the Registrar-

Ge neral of Shipping and Seamen as provided in

section 363 o f tllis Act;";

In s.ebsection (2 ) of !.eCIion 3 for the words " Ships 001

c x~eding I_n ty-four metres in length" there shall be sub-

i litutcd the ""ords "Ships regi~le rcd unde r the Malta

Maritime Authority Act. 1991 and ships not exceeding

twenty-fou r mel res in length ".

For subsection (I) of secl ion 36J there shall be

substituted the following

"(I) There shall be a Registru·Gcncral of

Sh ipping and Seame n whose office shall be held by an

Executive Director of the Authority , and wllQ shall ,

subject to the provisions of this Act and the Malta Maritime

Autho ri ty Act , 1991. undertake the general

supcrintendance of all malleTS relaling 10 merch ant

shipping and seamen and e nsure the carryi ng into effeCI

o f the provisions of t his Act~; and

In S«tion 364 for the word MMin;ste r" wherever it occurs

Ihere shal l be roubslituled the word " AUlllQrily ~.

Fo r the Second Schedule there shall be subsu tuled the

following

"SECOND SCH EDULE

[Section 69)

()ocuments to t.. in IM rorm pRKr lMd by It..

Mlnl5tu

1, Bill of sa le

2 _ Certificate of Uarcboat Charter Regi~try

A

3. Certificate of Regimy

4. Certificate of Surveyor

5. Declaration of Barcboat Chane r by

individual chanerer

Declaration of Barcboat Charte r on

6. behalf of body C()rporale as charterer

7. Declaration by mortgagee taking by

transmission

Declaration 01

8. OWTler

taking

by

transmiss;on

9. D«lanl1ion of ownershi p by individual

owner

Ded a. al;OIl of owner$hi p by individual

10. tra nderee

11. Dedaration of ownership on behalf of

body corporate asowncr

Declaration of ownership on behalf of

12. body corporate as tran sfe ree

13. Mortgage

14. Provisiona l cert ificate of registry

15. Transfer of Mongagc.~.

Passed by the HouscofReprescnta tiv(Sal SillingNo. 5390ft he 26th June, 1991.

LAWRENCE GOr-lZl

Speaker

RIC H " R.O 1. CAUCH I

Ae,ing Cluk 10 the House of Repratnl(Jti~ts.

_ c ... ,;1/;

_

I" t~" t " __ ~''''H~ _ K '''~jo

1'wbIisWb,""tH~''''I~f",

Go..........,,,, 1"riII...., """

MiI~ II-l ...... porijI toI-(; .. ,.

~ .. do<

Incerpre tation

PART I

COfNll ulion. Compo:o;ilion and hoctions of the '\ulllorlly

Consti tution of tile Malta Maritime Authority

Composi tion of tile AU lhorily

.

S.

Rappreicnlanza legal; u guridika la' (-Awlori!!

6,

FUlQjonijiet ta ' l·AwtoriUt

Setgl'l at ta'I-Aw!Orit ~

7.

Legal and judicial rcprc:5Cntation of the Autllority

Fun~t ions of the Authority

6.

7. Po .... enofthcAutllorily

Excculi,'c Oirectors and delegation of function,

Proceedings of the Authority

Relations be tween the Minister and the Authority

11. Exemption

Ports US<'rs' Ad "isory Comm iuee

PART Jl

Financia l Pm~ls ions

AU lhority to meet expenditu re out of rncnuc

Pov.cr 10 borro .... capital

Selgha ghalsclf la' kapi!a]

Borrov.i ng from the G<:n-ernment

Con1ractsohupplyorworlr:s

Kunrr3l1i gl'Iall-plm'Visti jew xoghlijiel

ESI;matesofthcAuthority

Accounl$ and audil

Cash deposi t~ and paymcn"

Annual rc:port

PAKT III

Tra nsfer ofCcrtaln A_~ 10 the AUl lIorit,

T rans fcr of asse ts to the A uthori1)'

Construction of laws. com racts etC. relating to transferred as>oets

T ran~i!Ory pro"isions

PA RT IV

Offlttn and £m plu)"tt'S of tht Authorit y

Appointment of 0ffK't""rs and ~mployeesof the Au thority

Detailing 01 public officers for dut~ ,,;th \he Authorit y

Offer of p<"rm:mcm emplo~mcntl0 public officers

PART V

~"'lIlonand R~u"'tionorPoru

T rasfe rimc11l la' alliv Jill -A wtori l ~

Ftehim ta·hgijiel. kuntralli cet. dwar ~ !l iv tr~sfcril

Dispoti1.zjQnijic\ IranZi torji

T AQSIMA IV

Um.-jali u Impnallla' I,Awlorila

Halra la' uffi~jali u mpjegati la ' I-A wlori l'

24.

Alloku.zjoni la' uffKjali pubblio glial xogllol ma'I-Awtorit~

Offerla la' mp;egpermanenli lil uffKjali pubblia

TAQS IM A V

flIkJa~ni u K,,¥(llIIm~nllll' I'(lrtijiel

Dikjaraujoni la' portijiet

27.

Ikclaratioo o fportS

Power 10 make regulations

Regislrdtion antllicensingofboat. and ships with and by the Authorily

Infonnation 10 be supplied on arrival of ship

30.

Tagllrif 1i gI'Iandu jingl'lala mal-waslm la' basliment

Infonna tion 10 be given before proceeding outwards

Infonnatioo in respect of goods prnenled f(M" shipmenl orwarchousing

Ship in port 10 be prope,'ly manned

Laying-upofship

Laid·up ship

Security 10 cm'er dues. rates. elC.

Power of Authorilyexercisable IIOlwilhstanding warrant

Agent may IIOt relinquish agency

PART VI

Port I>ue!;, C .... rge< and Hates

39. Levyofducsctc.

Lien or privilege in respect of rates

Lkn for freight and Olher charges

Discharge oUien

"""'er of Authority 10 sell goods

Applicalion of proceeds for sale

Clearance to be withheld until rales are paid

Authorilymayboardship

Weighing and measuring of goods in C3lleof dispute

47.

Utin u kej] la' oggelti fkat la' kw isljoni

Paymenl of expeTI5CSofweighing(M" measuring

Order restraining ship

Indcmnitywhcrc goods arc claimed by more than one person

Ot her righls of lhe Aulhority

I'ower 10 make regulations 10 levy dues. charge. or f~-es

52.

Sclgha gIIall-egl"lmiIID ' regolamenli ghall·tbir la' drittijiet. hlasijiet jew pagamenli

53, Appli kazzjoni ta' din it·Taqsima

-

TAOSI MA VII

.....

Application of this I'art

PAHT VII

1'IIot;tgc

Compulsory pilolagc

Pilotage Board

Ucensingofpilots

Gl"Iotita" li{:enrila"lxk>!i

Social Se<.:urir:yAct , l987

Mooringmen

Licensing 1101 10 involve liabilily

59.

Canc.::l lation or revocation oflkenccs

Declaration as to draught of ship

Pilot 10 produce liceoo

u.abilily of owner or master

Powe r 10 make regulations c;onceming pilolage

PART VIII

~t ProcNd ings

Limilation of action

lfter<:harge (M" under<: .... rge

66.

Hlas iejjed jew nieqcs

67,

Notifika la" awit

TAOSI MA IX

Service of nolice

A

PART IX

orrence ynd Pe .... II'ro~1s1oru;

Offences in ~spcrt oflightoow;cs. buoys, etc.

Exhibition of lights "'hic:h may ~ mistaken for ligh thoulics. etc.

Obslructingautooriscd en try

Na"igation ""i thouI pilot

Breach of duty by pilot

72.

Ksur ta"dmirminnbdot

'"

Illegal piloting

E"asiO<1 o f dues. rates. etc.

74.

Failure of compliance " 'ith $«tions JOandJ I

False relUms

Persons enda ngering life or propeny

Non compliance " 'ith direction of Authority or,,·ith any provi5ion of this Act

Contractor to be deemed public: ofriccr for purposes of Criminal Code

Saving for other IlC'nal pro~isions

PART X

Rtrt'yl. An~ndn'en t and 5:o0'lnll

Rep.:al

Amendment of IJWS

Sa~ing

83.

Malta Frecports Act. 1989

SClIED ULES

First Schedule - Ports

Second Schedu1c- Amendment of Laws

] assent .

CENSU T AIIO .... F.

(L.S.)

Presidenl

l'nh J uly. 1991

ACT No . XVII of 1'19 1

AN ACT IQ prm'ide fa r the tl"UJblishmtm 01 ~ bady rorparnte to bt

kllo ... n us the M~II~ M~nt"me Amhonty lor Iht Ir~lIsftr 10 Ihut

A IIlhonty of Ihe powtrs ."tSltd by Ill ... in IM DirtCfOr of Pons. tJnd f«

tlte uuci.u and perjormtJrIU by aron ~half of fuch Authority. 01

funelions ~Ioling 10 parts and nl>trclulflt shipping in Maim: to

pro~kJe for IM muufer w tM laid Authority of « "oin QUeI.l; and 10

nmke pro"isiott in respect of nUlI/ers and/lllTY tMrtta Or ro,muttd

tltue,,·ilh.

BE IT ENACfED by the Prc-sidcnt. by and with the advice and

conse nt of the House of Replcscmatives in this p=m Parliamem

assembled. and by the authori ty of the same. as fOllows:-

...... Iim lnllry

(I) 111is Act may be cited as the M.ha Marili...., AUlhori ly

I.

ACI.I991.

(2) This Act shall come inlO force on such date as lhe

Min isler tcsponsible fOI ParIS may by nol~ in t he Gazene appoim. and

different dales may be 50 appointed for different provisions or for

differe nt parts of any pro,isions Or for different purposcsof lhis ACI .

2. In this Act. unless the context otherwise requires -

··the Authority" means the Maha Maritime Authority estab-

lished by !itction 3 of this Act and includes the appropriate Execu-

tive Director as provided in subsection (4 ) of section 8 of this Act ;

"chargcs" means the charges that may be Ic"jcd undersection

390fthisAct

"oontr~'lOr" means a person acting in pursualID.' of an

agreement entered into with the Authority in pursuance of ~ub-­

section (3) of 5«tion g of this Act;

"dues" means the dues that may be Ie"ied under section 39 of

th is Act;

··Executi.'e Director ' means an Excnni\'e Director appointed

under section 8 of this Act;

"fees" means the fees that may be levied under section 39 01

this Act;

"financial year" means the period of twelve months ending on

the Ihi n icth day of September in any )'ur

Provided that thc fil1>l financial ycar sh~1l consist of the period

commencing on the date of the cstabliShment of the Authority in

tcrms of this Act, and ending on the thirtieth day of September of

the foUo,,'ing >'car;

"function" include. power and duty;

"goods" intludc:s bagga~. animals (whether al ive or dead)

and other movable propcny of any kind .. 'hatsocver;

"internal waters" includes any harbour. port. bay. C(I1o'e. creek

or seashore;

"laid-up vessel" means a .'csse lwhieh is in any !Xlrt and which

is nOI regularly used in accordan~ with the uses proper for such

type of ve:;s.el for a period exceeding fourteen days; and for the

purpose of th is definition "vessel" includes a floating dock. a float -

ing crane. sat.·a~ or lifling equipmen l, whether ~float . submer~d

or mounted on any sea-craft. and a lighter, .. 'hethcr propelled by

mechanical means or othcr" .. i§e or 1000~d, but does not intlude any

boat or sea-craft . used solely for pleasure or in the fishing industry,

or any vcssel .. 'hich is in any !Xlrt 10 undergo repairs

Provided that the Authority may, (or the pu~s of this

definilion. at its discretion. declare Ihat a boat or sea-craft iii !>Ot

being ustd solely for pleasure or in Ihe rlShi ng industry , or that a

vcso;e l is !>Ot undergoing repairs. and any such "essel shall be treated

as a laid·up "csscl;

"ma.ler", ",hen used in relation 10 any ship. means the person

having command or 'harge of th e ship for the lime being, bUI does

not include a pilot;

"~liniSler"

means the Minister responsible for poru ~nd

shipping;

Hmoori ngman" means a person licensed in termS of section

58 of this ACI

" na viga tional aid Of services" includes any aids or Krvict=

designed 10 aid or guide the movement of ships. and the dearing.

dcepeningand imp«n'ingof any port

"officer" and "employee" in relation to the Authori ty includes

a publie officer de tailed for duty with the Authority

"owllCr" in relation to a ship include$ the char!,-~r or ope rator

of the ship

" pilot" me:ms a person IicenKd under section 56 of this ACI;

"port " means the place declared 10 be a port by or under

section 27 ofthis Act. and indudes where vcr apvropriate a yachting

cen tre unlessa separate provision is made in respect of such eentre;

"port facilitit's" means facilitie$ for be rthing. lowing. mooring

or mO"ing of ships within a port or the apvroact1es th<creto. or in

cntering or leaving such port or approaches. for the loading and

onloading of goods. or cmbarking Of disembarking passengers to or

from any such ship. or for the ligh terage. sor"ng. ,,·eighing. ware·

housing or handl;ng of goods. and for the carriagc of plIS$C'ngel"l or

goods in connection with such facilities;

"prcso:ribed " mCDns prescribed under this Act

"public omeer" has the same mcaning as is assigncd to it by

section 124ofthc Constitut ion;

"ratn" means th<c rales that may be Ie"icd under !iCclion 39 of

this Act;

"ship" means evcry dcso:ription of VCs."'! used in navigation.

,,'hether self propelled or not. and it ind udes barges, oil rigs.

pontoons, seaplanes. and any othcr craft and simi lar "cssets;

" tc rritorial watcrs" means all parts of th<c open sea ... ·ithin

twclve nautical miles of the coast of Malta. or such olhcr distancc as

may be establ ished under section 3 of the Territorial Wale ... and

Contiguous Zone Act. m.:asured as in thal Act provided. and

indudes any ... ·aters enclosed behH:en thc base lines therein

mentioned and the coaSt;

",'chide" means any ,'C hicle Glher than a ship;

" warchouse" mearn; any shed . building. place. "·agon. ship or

vehide when u'$Cd by Ihe Authority, or a COntractor for the purpose

of warchousing or depositing goods for tile purposes of this Act;

"yacht" means a registe red sea going ship u,;.cd solely for

pleasure and ao;cpted as such by the Authority

"~'acht,"g centre" means such plact= as ;$ <kdared to be ~

yachting CCnlre by or under seclion 27 of this Act.

PART 1

Constitu tion, Composition ~ nd Functions of tile Autllority

J. (I) There is hereby established a !:>od)'. to be known as the

" Malta Maritime Authority".

(2) The Authority shall be a !:>od)' corporate having a di~tinct

legal personalily and capable. subjecI only 10 Ihc provisions of this Act.

of su ing and being sued. of enteri ng into any contract. of a~-quiring.

holding Jnd disposing of any property. wllClher movable or immovable.

and by or under any litle. and of doing any other thing whalsoe ver.

4. ( I) T he A utllOrity shall consist of not less than seven and nOI

more Ihan eleven members. of whom one ,ha!1 be the Chairman and onc

other Ihe Vice·Chainnan of the Authorit y.

(2) The Chairman. Vice·Chairman and the other members

of the Au thority shall be apjXJimed by the Minister

Provided Ihal the Execuli\'e Directors shall be ex officio

members of the Authority.

(3) [n Ihe absence of the Chairman. or if he is unable 10

perform the lunctions of his office. the Vice-Chairman shall perform

those functions .

(4) The members of the Authority. olher Ihan Ihc ex officio

members. shall hold office for ,uch period and on such termS and

conditions as Ihe Mi nister may deem appropriale: and a n.ember shall .

on ceasing 10 be a member. be eligible for reapjXJintmcnt

Provided that the Minister may. at any time. terminate the

appointment of any member if. in his opinion. ,uch member is unfit to

conlin ue in office or has become incapable of properly performing hi ,

funclions as a mcmocr oflhc Authority .

(5) A person shall be disqualified for appointment to, or for

remaining a membero£. the Au thority if he -

(a)

is a mcmt>erof the House of Represe ntatives. or

(b) ha~ a financial or other interest in any cmerpri"" or

activity which 's likely to affect Ihc discharge of his funClions as a

member of the Authority

Provided that the disq ualification of a person under this

paragraph may be waived by Ihe Mjni~ter if the interest is declared

and the declaration is published in the Ga2clle .

(6) Any mcmber of the Authorit y. other Ihan an ex ofr.,·io

member. may resign his office by le tt er addres';Cd to the M; ni~ler.

(7) The appointment of any person as a m~mber of the

Au thority and tl\c termination of of rICe or rc:sign3tion of any such

person Shall be nmifieu in the G""-" II " ,

The kgal and judicial reprc$en tation of lhe AlIIhori ty shall ,'est

S.

in the C hairman

I>rovidcd th al lhe Authorit y may appoi nl an yone or more of

it s members. or anyone or more of its officers or employees. to appear

in its na me and on its behalf in any judicial proo:eedings and on any

act . cont racl. instrument or other docu ment whatsoever

I'ro",;ded further that III respect of any maliC ' falling with in

the fUr1(tions delegated to an Exerulive Director. the legal and judicial

repre$en tation of Ihe Aut hori ty shall also vest in ~uch Direclor or in

such othe r member , office r or employee of the Authority. as th e

Aut hority may appoin t o r aut horise for th e purpo~ .

6. ( I)

It shall I>I'the funClionof the Authority

(a) 10 provide . maintain and openl!e portS in Mal ta . and to

provide:. maintain and operate therein and in the approaches there-

to ltdeq uate and efficie nt services and faci lities as it may from time

to time l"Oilsider necessary or advantageous for the prope r. safe and

efficie nt funclioning of such porI> or as the Authori ty may other-

..... ise deem it proper to ptm'i~ in the public interest;

(b ) " 'ilhout prejudice 10 the provisiofu of any other la ...... 10

exe.eise overail conlTol for the preservation of good order in the

te rr itorial and internal ..... alcn of Malta. in ~ny port and in Ihe land

and sea approaches to any por, . and on wharves ;

(c)

\0 exe rcise overall control of all port wor k induding the

pro~ision of pon " 'orkers for pon work;

(d) 10 regulale and control all mal1ers relal ed \0 merchant

shipping or provided for untkr Ihe Me~hant Shipping AI.'! or an y

olhi:r relaled legislation;

(c) " 'it hou t prej ud ice 10 the provisions of I he Enviro nmen t

Proteclion Act. 1991. to pre"ent and control pollu tion b)'oil or any

OI her sub$tanccsof any por, or Ihe approaettcs thereto;

(0

to promote the maritimc facilities of /Ioblta; and

(g) 10 ad,·jse Gove rnment on any matter rel ating 10 pom.

mercha nl shipping. marine pollution prnention and ...,ntrol. and

on any OIhcr maller relating 10 itS functi ons ;, nd dutic~.

(2) Subject to the pro~ision s ofl hi. Act. il shall be Ihe du t)· of

the A utt.ori ty _

(a ) to regulate and con t rol nD"iga tion " 'ilhin the limih of an )

port and the approaches thereto;

(b) to provide or ensure (he provision 01 p.lotage and

mooragc services (0 ships

(c) to provide or ensure the provision of the appropriate

fire -fighting services in ports;

(d) to provide and maintain adequate and efficient light-

houses. beaoonsand other lights. buoys and other navigational aids

and services at such pl aces. including the territorial watersof Malta.

as the Authority may deem appropriate

(c) wilhout prcjudice to the provisions of the Public

Transport Authority Act , !9S9. to provide or ensure the provision A<ttX of 1'0189,

of services for the transport of passengers arKl goods. includmg

vehicles, within ports and the territorial waters of Malta;

(f) to provide or ensure the provision of port workers for

particular port work or to particularemp!oyers;

(g) to provide and use or to en~ure the provision and use of

ships. vehicles and other means for the salvage or protection of life

and property;

(h) to provide or ensure the provision of fuel and other

necessities to ships;

(i) to promote. develop and improve ports and any of their

facilitie-; , including the cleaning and clearing of any port or

approaches thereto;

(j) to promote and advance the skills of se afarers and of

persons employed in ports and iR the maritime iRduSlry and the

efficiency o f the equipment used therein;

(k) without prejudice to the above. 10 provide or ensure the

provision of such olher services and facilities as arc in the opinion of

Ihe Authority netenary for the operation of poru;

(!) 10 regulate and administer all matters and provide an

serviccsoontemplaled in the Merchant Shipping ActOI' in any othe r

related legislation

(m) IQ regulate. comrol. develop and promote Ihe yachting

centres: and

(n) to c~rry out any duty assigned to it by this Act or any

other law,

1. {I} Without prejud ice 10 the generality of the foregoing

pro\'isions o f this Act. but subject to the provisions of this Act , the

Authority shall have Ihe power-

(a ) to prohibit, OOl'llrol and otllewise regulale -

( i) {Ile use by any pcl'5On of any pon 01' of any pori

facilily

(ii) the prescllCC of any ""rson, ship. vehick or goods

'"'ith in an~ port;

(b)

10 load or un load any ship in an y port

(c) to carry on such business and other lKiivities, do aU such

an

~uch trall$aClions IU appear to the

things and enter into

Autoority to be necessary. con"enicnt or advantageous for it to

carry on or perform Or cntc r into , for or in connection ""ith the

di!ICharge of its functions, or as appear to the Authority to be

incidental or OOIlduci • .., thereto.

(2) The Authority may cau .... or authorise any of its otficers

or employees to board any ship in port or outside port if it con~ide.,; it

nco:ssary SO to do in the discharge 01 an)' function under this Act or

un<kr any OtlH:r law or if it ronsidc.,; that there are reasonable BrotJrtds

to believe thut an offence agaim t this Act, or against any other law, or

any regu latio n, ruk or order mnde the reunder. has been or is about to

be commiJtcd,

(3) The AUl hority may cause or authorise any of ils officers

or employees, together ""ith sllch ,"'ork mcn as may be nCCCS'i3ry to~

(a) enter on any land or building for the purpose of crttling

or FI13int~i ning any lighthouse Or beacon or other na"igal ional aid

for ships, or of tl ~ am ining, repairi ng. alt ering or removing any such

lighthouse, be:.oon or other aid. and there remain for such reason·

able time as m;'Iy be necessary for such purpose

(b) erect lInd maint ain lighthouses. or olhcr aid, as aforesaid

Ilpon or in any land. building, wharf, pier .Of the shore Or bed of the

sea and alter Of remove any such ligh thouse, beacon or OIher~id

I'rovided thut -

(i) the Authority shall as far as prnctkable gi"" notice

10 the oocupic r of any larK! or buikling upon '"'hieh it is

intended to enlc r in e~ercise of the power> conferred by this

subsection; !md

(ii ) the Authority in the exe rcise of lhe said p""" rr> shall

do as little d:lmage m; is practicable in the circumstances and

shall pay compensation for any damagc do ne and for the

(.Teation or rC(juisition of any rights o'-er property,

(4)

Subjcct 10 an y regulations made under Ihis Act, the

1\ uthorily shall fUrTher have power -

(a) to direct where any ship shall be be rthed. moored or

anchored in any port and Ihe me thod of anchoring ,,-ithin the port;

(b) to rCffiO"e or order the rcmov:.1 of any ~hip from one

berth. ~Ia tion or aneoomgc 10 al>Other in a port. and the lime " .. ithin

,,'hieh such re""",-al is to be effected;

(c) to regu late the muvement of ships ""ilhin or belween

porlS. or ""ithin the approaches to a pon or within IcnilOrial waters.

(5) Whnc any damage is donc to any worh, plant or

machinery in any port or to any othcr property of the Authority by a ship

or by anypcrson engaged on any work on or about a ship, the Authori ty

may restrain such ship and sh al1thercupon notify the maste r, owner or

agent of such ship , Or the agent Of rc:p"e5t:ntDI;",e or such owner. 10

pTO\'idc ",·;thin Ihe lime specified in the 1lO'~. sufflCienl 5CCUrily for the

payment of the damages so clU",d. and lhe ship shall 1101 be released

unti l the securily is given.

8. ( I) 'The Authori ty $hall appoint nol lTIOfe than four u;

Execu tive Directors. of whom one shall be responsible for merchant _ " , _ 0 (

shippin~. onc for ports. and onc other for vachtin~ centres. and dele .. ate r..0CI~ .

to them. subject 10 ils o",erall supervision and cont rol. such of ils

functions as relate 10 th~ matters tor whICh they arc responSl\)le. an(]

such other matters as the Autllority may deem appropriate. as wil l

cnable the said Directors 10 gi,..., effect to the policies of the Authori ty

and 10 Olherwi5C discharge effecl;wly and efficiently the funclionsof the

A uthorily in their respective areas of opera tion

Pr()\lided that the: first 8«IoIt;"e Directors shall be appointed

h)' the Ministe r.

(2) Each of the: Execulive Directors shall be a public offlttr

delailed for duty with the Authority ~ a permanenl employee of the

AuthorilY. in either c~ having adequate knov.'1cdge of merchant

shipping ':Ir in the opera tion of ports or of )'aehting centr~~. a~ the case

ma~ rcqUlre.

(3) All funct ion~ dclegatcd undcr this section shall he

published in the Ga~cuc. The Aut hority and each of the E~ecuti",e

Di rectors may exerci5C an~ onc or more of their functions eithcr directl~

or th rough anyof the offlCeD Or employees of the Authority authorised

for the purpose. or th"""IoIgh a contracloror other person with whom an

agreement for the: perfonnancc ofan~one Of more of such fulKtions has

been cntered inlo.

(4) Whcre in this Act anything is to be done byor against or

wi th respect to the AIoIthorily. or any nolice is to be or may be gi",en 10

(he Authori ty. any such thing~ noriccmay a""be~ byor against or

with respect 10 UT be gi"en 10 the: Executive Director und.er "'ho5e

jurisdiction the mBlIcr falls by reason of a ddegatio<t offunctions to such

Direclor; and for Ihe purposes aforesaid any refercnce in this Act to thc

Authority includes a refercnce to the appropriate E~ecutivc Director.

~.

( I) The meetings of the Authority shall be called by the Proc<<<I;""of

Chainnan. either on his own ini tiative or at the requesl of any twu uf the Ill< A.,,,,,"!)'

othcr members.

(2) Half the lIumber ofmcmbers for the time bcingconstitu(·

ing thc AUlhority shall (onn a qoorom_ Decisions shall be adopted al a

mcc: ting al which a quorum is present by a simple maiority of Ihe

member.! prc§cnt and voli"g. The Chairman. or OIlier perwn chairing

Ihe mccting. shall ha,·c an in;l;al vOle and. in lhe evenl of an equalil), of

' "Oles. a casti ng \TIle.

(3) Any member who has a direct or indirect intereSI in any

contract made or pro~d 10 be made by the AlllhorilY. nol being all

;nleresl ... ·hich disqualifies such membcrfrom remaining a member ,shall

di$C losc: the natu re of his interest at Ihe filSt mee li", of IIx: Authority

afler lhe relevant fiK1S ha,'e oome 10 his knowledge. Such disclosure

shall be recorded in Ihe minUles of the meeting. and such membc r sllall

withdraw from any meeling while such contract is discussed or decided

by the Authority.

(4) Subject 10 the provi, ;o"s of this ACt and '0 such pro-

cedu res as may be prescribed. the Authority may regulate its own

proceedings.

(5) All acts done by any person acting in good faith as a

member of lhe AUlhorily shall tlC' valid as if h~ "'"C:f~ a memtlC'r 11Ot-

Withstanding that 5O/ll~ defect in his appointment or qualification may

subsequent ly tlC' discovered.

(6) Any document purport ing to be an instrument made or

issued by the Authority and signed by the Chairman on its behalf sha ll

be received In evidence and shall , un til the cont rary is proved. tlC'

deemed to tlC' an instrument made or i!.Sued by the Authori ty.

""'- Amhority

10. ( I ) In the exercise of the functions of the Authority, the

~hall-

and the Executive Directors

(3) give effect. as soon as practicable, to any direction which

the Minister may. after consultation with the Authority. give tothe

Authori ty under his hand in relation to any maller that appedrs 10

him to affcct the public interest on the polkyto be followed by the

Authorityor any lIdion to be taken in t he di$Cha rge of its functions;

(b) afford to the Minister facilities for obtaining information

.. ith respeet to the propeny and activity of the A uthori ty and shall

furnish him with returns. accounts and other information with

respect there to and afford hi m facilities for the verification of any

in formation furnishe:!. in such mannel and at such times as the

Minister may rea$OTl3bly require .

(2) If the Authority fails to comply with any di rectives issued

under this $Cetion, the Prim e Minister may make an order transferring

to the Minister in whole or in part any of the fUlKlions of the Authorit y.

I t. The Authority shall be exempt from any liability for 1111.'

paymen t of any tax or tax on income or of any cmlOms duty or duty on

documents for the time being in force in MaI m.

12. ( I) The re shall ~ a Ports Users' Advisory Com minee 10

ad";se and ma ke rerommenda~ ions to the Ministe r and ~he AuthOli ty Oil

the improvements of tile services. facili ties and opcra~ionsof Ihe pons.

(2) TIN: Commin« shall C(N1Sisl of a chairman and such

number of pel'$Ons from among the bodies or organisatiolls represenling

users of porlS, Il$ the Mi nisler may from lime 10 time appoint .

(3) At any meeting of the CommiHee Ihe Chairman and half

Ihe num ber of membe rs forming Ihe Com min cc shall form a quo rum.

(4) 1lIe Commilt« shall meet &tlcast three times a year at

such time and place as the Chairman may appoint .

(5) Subject 10 the pro";sions of th is section. the Commince

may regulate its own procedure.

PART 11

Fin~nrial Provisions

13. (I) The Authority shall be endOwed with an initial ca pital of

three hundred and fifty Ihousand liri , which shall be paid by

Gove rnmenl ou t of the Consolidated Fund. without furthe r

approprialion otiK'r than this Act. by wamlnt under the hand of the

Minister rnponsi ble for finance authorising the AClXH.lnlant G eneral to

make tbe paymenl.

(2) Th e Authority shall also be paid by Government out of

the Con.olidaled Fund such sums as Parliament may from time to ti me

authorise to be appropri ated and paid out of such Fund to meelth e costs

of specific works 10 be contin ued. compleled or otherwise carried out by

the AUlhority. being worksof infr.utruc~ure or. si milar capital nature .

(3) Without prejudice to tile foregoing provisions of this

S«tion. tbe Authority shall so <;(Induct its ~ffairs Ihal the e~pe ndi lure

requi red fO£ the proper performance of ill functions shall . as far as

practicable. be met out of ils reVenue .

(4) Th e Authority shall levy all port. and other dues and

tues alld all fees, ra tes and other payments prescribed or deemed 10 be

prescribed by or unde r this Act Or the Merchanl Shipping Act Or any

ot her law related 10 the powers and fur>Ctions of the Authority.

(5) Any ex~of revenue OVer expenditu re shall. subject to

such directives all lhe Minister, after C(N1sulta tion wilh the Minister

respons.ible for finance . may from lime 10 lime give , be applied by the

AUlhority 10 the formalion of reserve funds 10 be used for Ihe purposes

of Ihe AUlhorily; and wilhoul prejudice: !o the generalit¥ of Ihe powers

given 10 the Min ister by this subsection, any direction given by the

Minist er as afuresaid may order the tran sfer tu the Government, or the

application in such manner as may be specified in the dir~tion, of any

parI of such !a~es .

(6) Any funds of the Authority nut immediately requird 10

meet e~pendilure may be invested in stu;h manner as may from lime to

time be approved by Ihe Mini.ter.

I~ , ( I) The Aut hority may . wi lh the approval in writinguflhe

Ministe r given after consultatiun with th e Minister respo nsIble for

fi nance , borTUW ur raise money, in such manner. from nl(h penon.

body ur authorit y, under such terms and conditions and against stu;h

security as il may deem appropriate , for anyone or more of the

following purposes

the provision of wurking capital ;

(11)

the carrying uut of fUllCtiuns uf the Autoority under this

(b)

Act ;

the provisions of capi lal for the e~pansion of, or addition

(r;)

10. the fi~ed assets uf the Auth<lrity;

(d) the redemption uf any debentures . debenture slock or

utller s«urity Ihal the AUlhority may requiR: or is required 10

redeem ;

(e) any ulher expenditure pmperly chargeable 10 capital

a<XO\lnl.

(2) The AUlhority may alSO. fTom time 10 time, borrow. by

way of overdraft or <l!herwisc. such sums as il may require for carrying

OUt its functions undcr Ihis Act ;

PrO\'ided Ihal fur any amount in excess ut fifty thousand liri .

there shall be required Ihe appmval of the Mi nister in writing.

IS. (I) Whe never il may be necessary for the Autoorit y tU

borrow by wayof adva~$ from the Government any sums requi red by

il \() carry OUI any ut its funclions under this Act . the Minister

rr!sponsible for finance may, after oonsuflation with the Minister. by

warranl under his hand and " ';Ioout further appropriation other than

Ih is ACI , au!hori~ the Actnuntant General to make advances to th e

Authorit y eilher out of the proceeds of an y foan contracted Or raised for

the purposes 0 ' out of the Consolidaled Fund ; and such ad"a~s Shall

be made un such lerms and conditiuns a~ the Mini,.!c. responsibl e for

finance may direct .

(2) The Ministe r responsible ror finance may. for any

requirements of the AuthorilY of a capital nature. COntract nr raise

toans . or incur liabilities. for such periods and on such term!> and

condiTions as lie may deem appropriaTe; and any sums due in resllect of

or in C(>flroe<;tion with any soch loon or liability $11311 be a cllargc: on the

Consolidated Fund.

(3) Notice of any loan~ . liabilities or ad~anccs made or

incurred unde r the foregoing provisions of this section shall be gi~en to

the House of Represemati~es as soon as practiubte.

(4) Pending the raising " f any such loan as is mentioned in

subsection (2) of Ihis section. or for the purpose of proviJing tile

Authority with working "",pital, the Min ister responsible for finance

may. by warrant under his hand. and wjThout further appropriation

other than this Ael. authorise t he Aa;ountam General 10 make

ad~ances to the Authority out of the Treasury Clearance fund under

such !enns 11:5 may be specified by the Minister upon the ma king ttJ.creof.

(5) The proceeds of any loan raised for the purposes of

making advan.ccs to the Authority . and any othe r moneys 10 be

ad~aneed to the Authority under this section. shall be paid into a fund

which shall be specially cslablished for the purpose and ... ·hich ~n be

known as the ~ Ma ritimc Autllority Loan Fund~.

(6) Sums recei~ed by the Accountant General from the

Authority in rcspec! of ad~ance made to the Authority unde r su~ion

(I ) of Ihis sect ion Shall be paid inlO the " Ma ritime Authority Loan

Fund~.

(7) Sums received by tllo: Accounlant General from the

Authority in respect of advances made to Ihe Authority under

subsection (4) of this section sllaJJ be paid. as respectS amounts received

by way of repayment imu Ihe Treasury Clearance Fund and , a~ respect

of amount received by wayofintere5t in the Consolidated Fund.

lIi. Excepl with Ih~ a:tPro~aJ of the Minister granted for 5pecial

rea:;oelflS. the Authority 5haU not enter ;nlo any contract for the supply of

goods or materials Or for the execut ion of work or for the rende ring of

...:rviccs to or for tllo: benefit of the A utOOrit y. which i§csti mated by thc

Authority to in~olve Hn e~penditure nceeding ten thousand liri, except

after nOliC<' of the intention of the Authority 10 en ter into such contrllC1

h a~ been published ~ n d CQmpetillve tenders have been luued.

17. (I ) The Authority ~haU cau...: 10 be prepared in ev~ry

financial year. and Shall nOl late r than four wee ks after Ihe end of cacll

such ycar adopt. «'imates of the income and expenditure of the

Authori ty for the ne l t following financial year, diSlinguishing . in

particular. bet ... ·cen merChant shippin2. poT15 and yaeht ingcentres.

(2) The ""timates shalt he madc in sUI;h form and shall

contain such information and such comparisons witll previous estimates

as the Ministe r may dircCI.

(3) A copy of the estim ates shall . upon their adoption by the

Authority. he SCnt forthwi th 10 the Minister.

(4) l1Ie Minister sh.tll , at the ea rliest oppon unity and nOt

later than four weeks after he has received a ropy oflhe eSlImales 01 the

Authority, or , if at any time during that periQd the House of

Representatives is not in 5e$$ion , within four weeks from the beginni ng

of the next following session, ca use such eSlimatcs to be laid before the

H~, together with a motion that the ~I ouse approve the pid

esti mates. One sitting shall be aLlotted for the debate in the House on

such motion; and hoth the motion and the approval of the estimate$ by

the Hou!iC may be with Or ... ·ithout amendments to the estimates,

(S) No expenditure Sh all be incurred by the Authorily thDt

has not been approved by the ~I ~ of Representat ives

PTm'ided that -

(a) ... nlil tbe expiration of six months from the begining of a

financial year . or unlilthe approv.tl by the Ministerof tbe elitimateli

for Iltal year , whichever is the earlier dale, the Authority may make

or incur expenditure for carrying out its functions under this Aet

nOI exceeding in the aWl'gate one half of the amou nt appr~d for

the preceding financial year

(b) expen dit ure approved in respect of a head or subhead of

tbe elitimates may. with the appTOV1llof the Minister, be incurredi ..

respect of another he~ ors ... bhe~ of tbe esti mates;

(e) if in respect of any financial year it is found that tbe

amount approved by the 110use is not sufficient, or a need has

ariilCn for e~pcnditure for a pu rpose nOt provided for in the

estimates . tbe AUlhori ty may adopt supplementary estimates for

appruval by the House and, pending such approval , bu t subject 10

its being given. Ihe Authority may in special circumstances and

with the approval of the Ministe r , ine ... r the relative expenditu re

and the provisions of this ACI appl icable 10 the estimates shall. as

near as possible , apply 10 the supplementary estima tes

Provided funherth ~1 in respect ofthe first financial ye ar of the

AUlhorily this 5eCIion shall . pply as if it required Ihe Authority 10 adopt

eslimates for that year nOl later than twenty weeks from the coming into

force of this S«1ion and as tflbe tOI.l expendi .... re that may be made or

incurred by the Authorily untill he approvul of Ihe estimates for that

year by the House may not e~ceed one- half of the amount shown in such

estimaleli.

(6) All eSlimates at><! supplementary eSlimates approved by

the House of Representatives shall , as $OOfl as practicable. be p ... blished

in the Gazelle.

11. ( I ) lbc AUlhoriry shall caU5e 10 be kept proper books of

accounts and otber records in respect ofil$operation and shall cause to

be prepared a statemen t of aCCOunts in respect of each financi al year.

(2) The accoullts of the Authority shall be audited by an

auditor or auditOr'$ to be appointed by it and approved by the Minister

Provided thalthe Minister responsible for finanCC' may require

the books and other records of Ihe Authority to be audited or eumined

by the Director of Audit whoshaJl for this purpose have power to carry

out such physical checking and other verifications, and may req uire sucll

informalion. as he may deem necessary.

(3) After the cnd of each financial year , althe same time as a

copy of the estimates of the Authority is forwarded to tile Ministe r

under St:ction 17 of thi ~ Act , IlIe Authority sh all cauSt: a copy of the

stalement of acoounlll duly audited to be trall5miued 10 tbe Minisler

together .,.;tll a copy of any report made by the auditor Or auditors on

thal statement or on the accounts of the Authority.

(4) The Minister. shall . cause a copy of eve ry 5J.I(:h statement

and report to be laid before the House of Represe ntatives together with

the motion laid before the House under Ihe said secti on 17.

19. (I ) All money of the AUlhority shall be paid into a bank or CooIodepooiu

baRU appointed by it with tile approval of the Minister. Such moneY' _Pl1""'nu,

sllall, as far as practicable. be paid in to the bank from day to day. CllCC'pt

such sum as the Authority may requi re 10 relain to lIlCel petty

disburseme nt and immediate paymenlS.

(2) All payments out of the funds of the Authority , exCC'pt

petty disbunemenlll not uceeding a $Urn to be fixed by the Authority,

shall be made by such officer or officcr'$ of the Authority as it shaU

appoint or designate for the purpose.

(3) Cheques against Of withdrawals from any bank account

of the Autbority shall be signed by such offiCC' r of the Authority as it may

designate for that purpose and shall be coun tersigned by the Chainnan

or such other member of Ihe AUl hority OI'otherofflCer thereof as may

have been authorised by the Authority.

(4) The Authority shall ~lso mak e provisions for -

(a) Ihe manner in which and tile offICers by whom payments

arc 10 be approved;

(b) Ihe title of any account held wilh Ihe ban k or banks into

wh ich the rnone~ of lbe Authority are to be paid, and the transfer

of funds from one account to another;

(c) th~ method 10 be adopted in making paymentsoul of the

funds of the AlLthority;

(d) generally III matters necessary for the proper keeping

and oontrol of the a.:rounts, books and otller records and the

oontrol of the fi na nces of the Authority.

20. (I) The Autllority shall, not laler IlIan six week!; after the

end of each financial year, make and transmit tothe Millisler, and to the

Minister responsible for finance, a report on ;1$ activities during that

year, distingu ishing. in pani<.:ular, between rnert""OI ~ipping. portS

and yachting centres. a nd containing IUd1 information relating to tile

pro<.:eedings of tbe Authority as the Minister may from time \0 lime

require. including any directives given by the Minister.

(2) 'The Mini!ter shall ClIUSC a oopyof every such report to be

laid On the Table of the House of Repres.e ntatives as $OOn as practicable.

PART III

21. (\) The property and undertakings owned by the

Government and used by it for the ope ration of an y port immediately

before the date of the coming into force of this Pan oflhis Act shall, on

the date aforesaid, by virtue ormis Act and without further assurance,

be transfem:d to and vat in the Authori ty uooer tbe same title by which

they were held by the Government immediately before the said date.

(2) The transfer and vesti ng aforesaid shall e~tend tn the

whole of such property and undertakings and , without prejudice to the

Jenerality aforesaid, shall indude ~U pb nt, ca:go handling equipment,

mechanical or otherwise, and other equipment, all apparata.

inStru menlS, vehicles, ships, craft, wharves, quays, pien, jellies.

buildings, structures, installations. land, works, stocks and other

property, movable or immovable, assets, poweR, riglllS and privileges

and Bllthings necessary or ancillary tilcreto which are hcldor enjooycd in

connection therewith or appertaining thereto, as wcll as all obligations

affecting or relating to any of the aforesaid property or undertakings or

other thing iocluded therein as aforesaid

Provided that, in respect of wh arves, qu ays. piers and jetties,

the transfer and vesting aforesa id Shall nOl extend to the ownership

thereof but shall be limited to their use , administration and operation

including any benefit deriving from such use, administration and

ope ration, subject to the obligation of the Authority to maintain aoo

kee p aU such property, and It all times, in good orfkr and o;ondition,

IInd for the purposes of sections 22 and 23 of this Act such property shall

befkemed to be indrnkd in the properties U'IInsferrcd 10 the Authority

-.-.'" -

hyor unfkr Ihis Act.

U . Subject to the provisions of this Act . all laws. rules,

regulations. orders. judgements, decrees. awards , deeds. honds.

contracts, agreements, instruments, documents. warrants and other

arrangements, subsisti ng immediately be fore the date of the coming

into force of this Part of this Act affecting or relating to any of the

properties or undertakings uansfcrred 10 the Authority by Or under

Ihi .. Act shall have full force and effect against Or in favour of Ihe

Authority, and shall be enforceable fully and effcclUally. as if instead

of the Government Or governmental authority the Authority has been

named therein or had been a party therelo, and otherwise in

substi tution of [he Government Or governmental authority.

23. (I) Where anything has been commenced by or under Ihe T, ..... ''''}'

authority of Ihe Government prior to Ihedate of theooming into force provioiom.

o f this Part of this Act and such thing relates 10 any oflhe properties or

underta kings or allY right or liability transferred to the Authority by or

under this Act, such thing may be carried on and completed by or as

authorised by the Authority.

(2) Where immediately before the coming into force o f t his

Part of this Act. any legal proceedings are pending to which the

Government is or is entitled to be a party, and such proceedings are

related 10 any of the properties or undertakings, or any right or liability

transferred by or under this act, the Authority shall, as from the date

aforesaid. be substituted in such proceedings for the Government , or

shall be made a party thereto in like manner as the Government could

have become. 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

o r expedient for the purpose of determining, as appropriate, the assets

transferred to the Authority by this Act and of 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 sueh orders as may be

necessary to make any powers and duties exercisable by the

Government in relation to any o f the transferred property Or

undertakings excercisable by or on behalf of th e Authority.

PART IV

OfTkus alld Emplo)"N'S or the Authority

24 . (I) Subject to the provisions of this Act. the Authority shall

from time to time appoint and employ such officers and employees ,

for such remuneration and on such terms and conditions, as i1 may

deem appropriate. for the due and efficient discharge of its functions.

(2) The members of the Authority , the Executive Directors

and the members of the Port Users Advisory Committee. and all other

officers and other employees of the Authority shall be deemed to be

public o fficers only. for the purposes of the Criminal Code and any

other law or provision of law of a penal character.

25. ( I) The Prime Minister may , 81 tile request of the

Authori ty. from lime 10 lime direct Ihal any public offICer shall be

detailed for d uly wilh Ihe Authority in such capacity and with effect

from such dale as may be specified in the direClion.

(2) The period during which a direction as aforesaid shall

apply 10 any officer speeWed theuin shall. unless the officer retires from

the public 'lCrvioe, Or otherwise ceases u.> hold offlC'C'l an earlier date ,

or a different dale is specified in the direction. end on the happening of

any or llle folJowmg nenlS, Iha\ iJ 10 113.1-

(a)

the accepcance by such offia:r of an offer of transfer \0

the servicc oL and permanent employment with. the ,Authority

made in pursuance of section 26 of this Act; or

(b) the revocalion by the Prime Minister of any dire<.1ion

made by him under Ihis section in ulation 10 such offICer .

(J) Where I di rection as aforesaid is revoked by the Prime

Ministe r in relation to an)' offICer, the Prime Minister ma)', by furthe r

directioo, detail ~uch offICer for dut), with the Authorit)' in luch capacit)'

and with effect from ~uch date as ma), be specified in the fUMher

direction, and the proyision~ of subsection (2) of thi~ section shall

thereupon apply to the period of duration of such fUMhe r diT«lion in

rela tion to such officer.

(4) When a public office r is detailed for dut), with the

Authorit), under any of the provisions ofthis scctioo , such offICer shall,

during lhe time the direction has effect in relation to him, be under the

administrative authorit),.nd control of the Authority, but he N1all fOl'"

olber int .. nts and pu~ remain, and be OOflSIoered and treated as. a

public officer.

(3) Without prejudice to the generaJity of the foregoi ng, a

pub lic officer detailed for dut), as aforesaid -

(a) !ihall not during the time while such office r is so

det.iled-

(i) be precluded from applying for a transfer to a

department of the Government in llIXQIdalJCe with the terms

and conditions of service attached to the appointment under

the Government held by him at the date on which he was

detailed for dut),; or

(ii) be so employed Ihat his remuneration and

co nditions of service arc less favourable than those which are

attached to the appoi ntment under the Governmenl held b)'

him at the date he was detailed for- dut), as aforesaid Of .... hich

WQUId have bc:oomc attached to such appointment. during the

Aid period, had such officer not been detailed for dU ly with

the Au thority ; and

(b) lihall be entitiled to have his service with the Authority

considered ;q te rvice with the Government for the purpose of any

pension , gratuity or benefit under the Pensions Ordinance and the Co!>.91

Widows' and Orphans' Pensions Act , and o f any other right Or c..lI.

privilege to which he would be entitled. and shall be liable to any

liability to which he ..... ould be liable. bul for Ihe fact lhal he is

Iktailed fOT duty wilh Ihe Authority .

(6) Whe re an application is made as provided in wb-

paragraph (i) of paragraph (a) of subsection {S) of IlIis section, the SlIme

consideration shall be given Iherelo as if tile: applican t had not been

detailed for duty with the Autllority.

(7) The Authority shan pay 10 Ihe Gove rnmen t such

contribution s 3$ may from time 10 time be Iktermined by the Minister

responsible for fi na nce in resp«! of the COSt of pensions and gratuiti es

earned by an officer detailed for duty witllthe Authority 3$ aforesaid

durinl the period in which he is 50 detailed.

26. (I) The AUlhority may, with the apprOYlI of the Prime ~."

Minililer . offer to anypublicofficer dc tailed for du ty with the Authority 1*' • ..

under section 2!i of this Act permanent employment wi th the Authority ; .. i':'

at a remuneration and on terms and condi tions specified in the offer.

(2) Every officer who accepts permanent employment with

the Authori ty offered to him under Ihis s«t ion ~ lIall. for all purposes be

deemed to have ceased to be in the !ioe rvice of tile Government and to

have en tered inlO !ioervice wilh tile Authority on tile date of his

a«eptantt .

PART V

Ik<:Jaration and RqtuJatlon (If !'orts

27. ( I) The Minister may. ~fte r co nsultation with Ine Dod ... ,;".,o(

Authori ty, hy order _

<a) d«lare any place together wilh any land area in Mal ta 10

be a pon. (lr a yach ting centre. wilhin the rrn:aning of Ihis act;

(b) establish the limits of any place dedued 10 be a pon . (lr

yacht ing cent re in accordance with paragraph <a) of Ihis subsection;

(c) declare any navigable waler or lan d area to be an

approach to a port <)T yachting centre, within the meaning of this

Ao.

(2) Wi thout prejudice 10 the ot her provisions of this section

the places specified in Part I and 11 of the First Schedule to this Ac! are

hereby declared to be pons: and the places specified in Pan IV of the

sa id Schedule arc hereby d~~l are d 10 be yachti ng centres.

(3) Without prl'judice to his powers of re,'oking. v~rying or

substituting any order made under this section. the Minister may also.

after consultation with the Authority. by order revoke. vary or

substitute the First Schedule to this Ad.

23. (I ) lk MiniSlcr may. after consultation ... ;th the

Authority . make regulations for the nmimenance, con1<ol and

man agement of the terri torial and inland ... ·atel'S of Maha, any port

and the land and sea approachC$ 10 any p<!rt and for the maint<'nancc

of good order therein and ma y make .separate and different regula tions

for the territorial and inland waters of Malta. for p<!rtS and yachting

cent res and for ships and yachts; and in part icular. bUI wi tholll prej udice

10 the gellCr~1ity of the foregoing. may make regula tions for all or any

onc or more of the following purp<!scs

(a) for the prese rvation of good order in any pan of the

territorial and inland waten of Malta, in an y p<!rt and Ihl' land

and the.sea approachC$ to any p<!rt. and on wh arves. and for any

other purpose in respect thereof;

(b) regulating traffic within the limits of a pori or the land

.. nd sea approaches Ihereto;

(c) regulating the use of berths. stations and anchorages to

be occupied by ships an d the removal of ships from onc berth.

station or anchorage to all(llhc r, and lhe time wi thin which such

removal i~ 10 be effected;

(d) regulating ships while taking in or discharging crews,

passengen. ca rgo or ballast. as the case lIlay be. or while taking in

fuel or stores;

{el keeping free pasI'IIgcs of such width as is deemed

nc:ceuary, within any pon and along, on or near to piers. jetties.

landing places. wharves. qu ays. docks. moorings and simi larworks

in or adjoining the same or similar placC$, and for marking out the

places so to be kept free;

(F) regu laling. conTrolling. and prohibiting the presence of

any person in any place or building in a pon or t h~ use by any

person of any ~uch place or building;

(g) regulating the anchoring. faste mng, mooring and

unmooring and warping of ships and the usc of warps, mooring.

buoys, anchors. chains and other mooring in any port;

(h) regUlating traffic, preventing obstruction and keepillg

order on any areas, piers, jetties, lalldillg places, wharves, quays

and docks ill a port or its lalld and sea approaches and for ensurillg

the safety of any of the places alld works aforesaid;

(i) regulating the use of fires and lights and the sigllals to be

used by day and by night and the measures to be taken in case of fire

in a port;

(j) regulating Ihe use of navingation 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 olher like instruments;

(10) prohibiting chipping, scaling, engine runs and repairs on

ships, as the case may be, excepl at such anchorages or places as Ihe

Authority may appoint;

(1) regulating the floating of any object in any port or the

approaches 10 a port and Ihe 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 ,ueh goods;

(n) the prevention. removal and marking of any obstruction

in any port and the approaches thereto and th e prevention and

control of pollution by oil and other substances, or in any olher

way , of any port and the approaches thereto;

(0) 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, imprope rly loaded, improperly found , or if

otherwise unseaworthy, subject to any provisions of any law

relating to merchanl 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 conneclion therewith, and the levy -and recovery of a

rent forpennining a hulk or wreck or wreckage to lie in any port Or

the approaches thereto;

( r) regulating , declaring and defining the wh arves. quays.

dot'ks, piers and plact~ in the ports. from Or 0f1 which p>C'1"S()ns shall

be embarked or disembarked and goodl loaded or unloaded;

(s) regu]atingthc manne r in which and thc COIldilions under

which the Iooding and unloading of ships. and the light crage.

handling and warchousi ng of goods. indudi ng the dcli,·cry of goods

from a warehouse. shall be carried out;

(I) regulaling the \JSC of warehouses. wharves. Quays. dQcks.

pie rs and other placn in ports on or from which goodl are loaded Of

unloaded and the conduct of p>C'rsons taking part in th c loading Of

unloading of gO<:>d$ on Or from a ship in any port;

(u) mBk illg provision for the discipline of the employees of

the Authority or of the IXmtracror. whether rcgular or casual . and

the procedures to be followed for !uch purpose. including the

appoim n>C m of a disciplinary board and the conduct and procedure

thereof. and providi llg for the punishmcn ts that may be awarded by

such board;

(v) requiri ng and regulating the i$Sue of a licence 10 a person

to be a shi p agent, the condilons under whieh such ticcm:e is issued

and the levying of a fee for t he issue of !loch licence. and otherwise

rCJl:ulating and corurolling the acr ivi ries ofship a~nrs alld persons

representing o .... ners of ships in so far as such activilies relate to

ships .... hich may be or have bee n in a pon

(w) regulating the manllcr in which ships left id le in a port in

excess of such tim e as may be allowed hy the Authority or

practically or .... holly unallended or ill$ufficic nt ly manned may be

dealt with or disposed of

regulating an y of the fOllowi ng

(x)

(i) the dis.pos.al of perishable or urtelaimed goods found

in any port;

(iil Ihe prohibition of $lTlQking in any plIlt of any port Or

approaches th erelo;

(ii i)

the sole of goods in any part of an y port;

(y) regulating mallers concerning porters. carriers alld othe r

labourers to be employed within the precincts " f a pon. the i§sue of

licences fOf the p<;'rformance of such occupation and any mall cr

concerning the diS(ipline of such p<;' rsonncl ;

Pro~ided lhat the lie rvicc ollugga~ poners Shall be subjecr

to the SUp<;' fv;s;un and eomrol of tlte Author;ty;

Provided further that no resrun) ibilit y shall attach 10 Ihe

Gm'ern mcnt or to the Authority for :my loss or damage ca use<l

during rhe embarkin g. diSl:' mbar king or lran shipment of any

luggage by an y lie<'nsed luggage porter

(t) pre$Cribing anything that mayor is to be prCiCribed

under th is Act.

(2) Any person wllooontra~enes Or faib tooomply with any

of the provisions of any of the regulat~ made Of deemed to be made

under this sect ion shall be guilty of an offence and shall be liable on

oonviction totl>e payment ofa fine (mufIQ) note~ceeding four thousand

1iri or to imprisonment for a term OOt exceeding sill months. Of to both

su~h fine and imprisonmem , and in the caK of ill oonl!nu;ng offence to

the payment of an addi tional rme of not more than fi~e hundred ti ri for

each day during which the offence oontinun .

29. (I) No boal onhip shall be used in tl>e te rri toria l or inland

waters of Malta unle$!l such boat orshipis registered with tl>e AUlhority

in a Small Ships Register established in te rms of regulations made

under th is section. or unless such boat or ship is reJistered under the

Merchant Shipping Act. or unless suc h boat or 5.]111' is registered or

documented 10 the satisfactio n of the Authority under Ihe law of any

coun try other Ihan Malta.

(2) No ooal or ship shall be used for any trade, husiness or

calling in the territorial and inland wa ters of Malta _

(a) unless such boat or ship is duly licensed by the AU lhority

for that specific trade. bosiness or call ing ; or

(b) unless. when such boat or ship is being uscd for Ihe

carriage of pas.scngers octween places in Malta. it is licensed for

such purpose by tile Public Transport AUlhority. eSlabllshed under ..... tX

lhe Public Transpon Au thori ty Act . 1989; or

(c) unless. when such boal or ship is being used as a fishing

va.5C1. il is licensed for such pu~ by Ihe Minister responsible

for fisl>eries .

(3) lbc Minister may make regulations

(a) regulaling the mode of regimation of any Ilo»I or ship

a Small Ships RegiSler mentioned in subsection (1) of this

In

..,ction

(b) prescribing Ihe requirements that ha~e to be satisfied

for such registration. 'nlcuding its renewal and te rmination

(c) pres<:ribing without prej udice to the ge ncrali ty of this

subsection. the fees payablc upon such registration and for any

$ervice in respect thereof;

(d) pres<:rihing the requiremen ls for the use of any boat Or

ship in Ihe te rritorial and inland waters of Malta, and for Ih e use

of any boat or ship registered in the Small Ships Register provided

for in thi5 scnion: and

(e) regulating :he us(: of any boa! Qr ship in the :erritoria!

and inland waters of Malta .

30. The ma~er of any ship arriving 11 Maha from any place

beyond :he s.easshall produoe 10 the Autoorily -

(a)

the ship's register Bnd the ship's papers;

(b)

the manifest in duplicate of aJl eargo to be un&hipped "

Malta;

and shaJl also supply to the Authority such other information in relation

10 lhe ship and to the passengeR. animals and cargo thereof as may

be prncribed, and any inronnation of a similar kind as the Au thority

in its diSl:retion may require .

31. ( I ) Before appl ying for outward clearanoe from a port in

accordance with the provi$ions of this Act and of any other law in force

from time 10 lime. the ITUlSlerof .. !-hip shall produce 10 Ihe Authority-

(a) a statement containing the number of passengeR

embarked in Malt a;

(b) an aCCOUOI in writing of the Ir.inds , qUlIntilil'1, weights

and measurement of ClIrgo landed or loaded in Malla

and shall also supply 10 the Authorily such other information relating

10 Ihe ship and 10 the passe ngeR. animals and ( argo thereof. as may

be prescribed or as the Authority in its diSl:relion may require

Provided thatth.: master of a ship may be e~empt from su<:h

duties where the owner Or agent , or the replC$entative of the owne r of

the &hip guaran tees to the sa tisfaction of the Authority that he will

discharge such duties in lieu of such master within such time and under

such oonditions as may be prescribed or as the Authority may

determine.

(2) The particulan required under subsection ( I) of this

s.eetion shall be produced or supplied in such form. in such number of

copies aoo within such time I S may be prescribed or as the Authority

may require .

32. (I) Any person prC$enting goods 10 the Authority or 10 a

oon tractor for shipmen t or warhousing. or claiming the delivery of

goods from I warhouse shall supply such information in rela! ion la Ihe

goods as may be pro::s<.:ribed or IS the Authority or the contractor may

require.

(2) The particulars required under subsection ( I) of thi s

section shall be produced or iupplied in!ud1 fonn and within such time

as may be prescribed or as the Authori ty or the contractor may

detennirte .

Where the production of dcw:u men b for Ihe withdrawa l

(3)

of g<XJds from warehouse is prescribed under this Act for the purposes

of this section, the Authority or Ihe con tractor shnll be re1ie~ed o f all

responsibility in respect of the dcli~ery of the goods if the Authority

or the contractor deli~elS the goods 10 which the docu ments re lale 10

Ihe person prese nting such docu men ts.

]3. The master and the agent s of a ship shalt be responsible to Ship .. """ 10\1<

ensure Ihllthe ship is at alltimcs whil e she is in pon properly manned as _.ty ... nOO<l_

req uired by the Authority

Provided that the Authorit y may, in writing and unde r such

conditions as it may deem appropriate, allow a ship in port to be manned

by a reduced crew.

34. ( I) The maSter, owner or agen! of a ship, shall nOllay up layinl."PoI

such shi p or rClain unduly a ship in a port ucept wilh the prior wril1e n 1iIip.

pennission of the Authority.

(2) In granting such pennission tbe A uthori ty may malte

such conditions as it may decm appropriate and in panicular may

speci fy the lime during which such ship be $0 laid up.

(3) Upon thecxpi ry of such time , oron any contravention or

non compliance: with any such a.>nditinn as aforesaid, the permission

gmnted by the A uthority shall lapse , subject 10 the Authori ty renewing

any such perm ission .

(4) The A uthority may , upon giving not less t han three days'

notice ca"",,1 any permission gran ted under this ilection.

35. ( I) The Authority may direct any ship laid up in a pon in lMd.-upoltip.

Mall a without permission to lea~c such pon within such time 115 it may

establish.

(2) 11 shall be the responsibility of the master. owner or

agent of the shi p. to com ply witb any directioo given as aforesaid.

(3)

Notwilhstanding any other provision of law, a laid-up

ship in any port in Malta shall, afte r being directed 10 Ica~e . be liable

to be sold as provided in th is ~ction .

(4) Upon fourte.,n days· notice In the maste r of th., ship,

Ihe AUlhorily may apply 10 the Commemal Court for an order that

the ship be sold judicially: and th., judicial sale shall be h.,ld wi thin

fOTly·fi~e days from the dale on which the order of the Courl is made.

36. The master. owner or agent of a ship. may se~erally. or

jointly and se~eTally. be required to produce such security to cover

dUH. rates. ehargcs. fees or npenses due to the Authority in respect

of 5""h shi p to soch aJllOlJnl ;I!; thc AUlbority may require.

J7. The powers ronfcrrcd by this Act on the Autbority in rc:sp«l

of laid·up ships may be exercised by tile AUlhority notwithstanding

any warrant issued by any court in re ~pect of the ship over wh ich

those powers are exercised. so however that where a warranl is ~ucd

in respoxl of tha t ship. such po" 'e rs may only be exercised if lhe Minister

dedares Ihat such exercise is neecssary in the national in terest: and

such declarat ion by the Minister may nOt be challenged in anyrourt .

38. A 5hip agen t ..... ho has performed any act in respect of the ship

required to be performed by pny of the provisions of this Act or wllo has

incurred or has made any paymenl or entered intO any liabili ty in respect

of a !hip in IIny port. shall for the purposes orlhis Act be deemed to be

th e agent of the ship. during the time such ship remains in Malta .

PART VI

Port ~ . ChargH and R. ln

J9. ( I) The Authority shalllcvy the dues. rates. charges and

fees which may from lime to time be prescribed unde r seel ion 52 of

Ihis Act.

(2) The following pel'SOlt$ shall be liable for the payment of

any dues. dtarge5 or fees itvied under this Act:-

(a)

the master or owner of the ship

(b) the agent of the ship. who shall have paid or made

himself liable III pay any charge On accounl of such ship.

(3) Where anyducs. ehargcsor fec, levied under thisscction

are paid hy the agent or representative made liable for payment by

paragraph (b) of subsec1ion (2) of this section. such agent or

representalive may rclain OUl of any moneys in his hands received on

aCC'lunl of Ihe ship. or the owner thereof. the amount paid by him

logether with any reasonable c~pense he may have ill(:urred by reason

of such p"yment or liabili ty.

40. ( I) For the amount of.1I rates leviable under this Aet in

respoxt of any good$. the Authority shall have a lien <w pri~ilege 0<1

such goods and shall be entitled to seite and detain the sa me until such

ratcs are paid in full .

(2) Rates in respect of goods to be landed shall become

payable immed iatel y on the landing of such goods.

(3) Rates in respect of goods to be removed from

wuehoust'!l. or to be shipped by Se.'a. shall be p.yable before such

goods are removed or loaded . as thoe caSe.' may be

Provided that fOT the purpoSe.' of prevent ing delay. thoe

Authority may allow goods to be placed on a ship before such rates

are paid, and in suc h CIlSc.'S Ihe Authority shall re tain the ship's receipts

8S securily for the paymen t of such rales.

(4) The lien or privilege for such ra tes shall have priority

over all olher privileges and hypolhecs on Ihe gOO<ls . nd a cl aim in

respect of such Ta leS shall be paid in preference: 10 all ot her claims.

whethe r priviledged or hypolhc.:ary. on such goods notwi th!Otanding

any other prOvision of law 10 Ihe conlrary.

41. (I) If the master Or owner of a ship Or an agent or u..,,,,,

representative of any such person. or the person by whom Ihe goods frftPt-

arc landed. gives reasonable notice in writing to the Authority t ha t ....... -..,.

any goods that arc about to be landed or have been landed al any

warehouse are subject to a lien Or privilege for freight , general average,

or charges 10 an amou nt mentio ned in such notice. the Authority may

relain such goods, at the risk aod expense of thc OwnCr of the goods,

until the lien or privilege is discharged as herein after mentioned or

until it is entilled. unde r the provisions hereinafter specified, to sell

the m, or until the goods are transferred to a Government warehouse

as defined in the Customs O rdinance in accordance with the provisions c.. n

of Iha t Ordinance.

(2 ) Nothing in this secti on shall be construed as requiri ng

the Aut hority or a contractor. as the case may bc, to take into custody

any goods which the Authorily or the contractor may refuse to accept

under the provisions of this Act. or as requiring the Authority to

inquire into Ihe validity of any claim made in any notice give n unde r

subsection (I ) of this section.

42. Upon production to the Aulhority of a document purporti ng I1io<II"'p of

tu bi:: a receipt for the amount claimed as due, Or a release for the lien.

amount of any lien or privi lege to which goods are liable unde r section

40 of thi~ Act from the person by whom or on whose behalf notice has

bee n given. the AUlhorit) may permit such goods to be removed

witllout regard to the ~en Or privilege. provided the Authori ty has used

reasonable care in establishing the authenticity of such document.

-

"" .. " '"

43. ( I)

Notwititstanding an y lien or privilege mentioned in

"'.'''''"'f

section~ 40 and 41 of this Act. if lhe rates payable to th~ Authority in

respect of any goods are I1Qt paid. tile Authori ty may . afle r the

expiration of ninety days from the time thoe gOO<ls were placed in its

custody or that of contractor. or if Ihe goods are of a perishable nature

afler such earlier period. OOt being less than twenly-four hours. after

the landing of the g<>ods. as the Alllhori ty considers appropriate , sell

by public auction the said goods or so much as is nttessary to meel

the expen ses. and pay lhe ra les and Olhoer clai ms hereinafter directed

to be paid oul of the prOC'eeds of such s.ale.

(2) Before making such sale ten days' notice of tbe same

shall Ix: given in the Ga~uc unless the goods are of so perishable a

nature as. in the opinion of the Authorily. 10 render their immediate

sale neceM3.ry or advisable:. in whid! e...,nt such notice sltall be given

as tbe urscncy of the case requires.

(3) If lhe address of the owner of tbe goods 01' of his agent

has been st ated on the manifest of the cargo. or in any of the documenb

delivered to the Authority. or is otherwise known. and such address

is ;n Malta notice Shall also be given to Ihe owner of SlJch goods by

lencr delivered at such address or sen t by poo;t : but the title of a bona

ftdt purchase r shall not be invalidated by reason of lhe omission to

send the said notice . nor shull such purchase r be required to inqui re

wlte thcr Such notice has been sent.

(4) If at tlte auction held under this section any of the goods

remain unsold. the Authority sha ll dispose of Ihem in such manner as

;t deems fi t.

,u. ( I) The proceeds of any sale

disposal of goods in

_"'for .. ." accordilntt

Or

with seclion 43 of Ihis Act. shall be applied as follows and

in the following ordcr:-

(a)

in payment of Ihe cxpcnSl:S of Ihe sale or disposal

(b) in payment of Ihe rales and e~pellSC$ due 10 the

Authority in respect of the goods;

(c) in p&,\'ment ~f the freighl ,a nd olhe r claims or lien Or

pnvllege of whleh not ~ has been gIVen under section 41 of this

Act ;

(d) in payment of ,lilY customs or excise do ly or levy which

may be doe Oft the goods;

and any surplus. if any. shall be paid 10 the owner of the goods Oft

demand;

ProYidcd lkal wherl: the proceeds of any $UCh sale: or disposal are

1101 sufficient 10 cover the dut ies or lev;es referred 10 in paragraph (d)

hereof. Ihe said sa le or disposal sh all sl;1I be proceeded wi lh and Ihe

Jilid duties or levies shall IH' deemed to be reduced to such sum. if

any. 3$ remains for the paYTTH:nl Ihereof.

(2) If IlO such demand as aforesaid is made wi thin OftC yea r

from the sale of goods. Ihe surplus shall be retained by lhe Authori ty.

and thereupon all rights ofthe owne rto the saTTH: shall be eKt inBuished.

4S. If any amount in respc<;:1 of dues. rates, fees or other charges

leviable in accordance with the provisions of t his Act against any ship i$

outStanding. then. at the request of lhe AUlhority . 5IlCh ship shJII nOI be

gi~en any discharge or clea rance outwards under Ihe Cusloms

Ordinance IIn(i l -

(a) Ihe amoun t of such dues. rates. charges o r fees has been

paid: Or

(b) security has b«n gi~n 10 the satisfaction of the

Autoority for the payment thereof.

46. The fu:.ecutive Director responsible for ports and any person A _,-y

authorised by tile Authority, may board any ship. wilhin or CMJtside a -

pon. 10 establish the proper amount payable in respect of such ship.

47. If an y differences arise bctweenlhc AUloority and the master w ..........

or owner of a ship, or the owner of any goods, or the agent of any 0'"" ,,,of

such person as aforesaid. concerning the weight or measuremem o f ::::~""oI

lhe goods in respect of which any dues, TalCS or cha rges are payable.

the Authority shall cause all such goods to be weighed or measured

and may. if il deems il so expedienl, delain Ihe ship from whi ch such

goods have been discharged untillhcy have been wciglH.:d or mcuurcd .

..s.

(1) If tile weigtu or measurement of such goods proves \0 r. ym<"'oI

be more Ihan Ihal sho""n by the pankulars delivered by the master or "p<~'"

tlte owner o f the goods. Or the agent of any such person in accordance ~~

with sections 30. 31 and 32 of this Act . the expenses of such weighing

or measuring shall be paid to the Authority by the master of the lihip.

or the o ... ·ner of the goods. or the agent of any such person . in

accordance witlt the provisions of this Act and shall be recoye rable in

th e same manner as dues. rates or dlarges leviable under this Act .

(2) If the weight or measurements of such goods proves 10

be the same as. or less than . that shown by the panieulars delivered

as aforesaid. the Authority shall bear aU the expenses of $Ud1 weishing

or measuring .

49. (I) If the maste r of a shi p in respect of which dues , nll cs o.de,

or cha rge!> leviable under this Act are payahle refuse s or negle'ts to reo"' ...........

pay such dues. rates or charges on demand. the Authori ty may issue

an order restraining suc h ship from sai ling: and in an y such case tlt e

AUlhori l)' shall within twent y-four hours from Ihe iss ue of the order

insti tute proc«dings agai nst th.c maste r by sum mons before the Cou rt

of Judicial Police demanding the confi rmat ion of the order to arreSt

or deta in the ship unTil such dues. rate!> or charges are paid.

(2) Where a resuaining order made under $uh$.ection (I ) of

this section is confi rmed by Ihe Coun it shall remain in fOll:e un til it

is with drawn by the Authority Or revoked by the Coun.

(3) If for a period of fourteen days after a resln,ning orde r

made under ~ubsection (I ) of this section has ~n confirmed by the

Court -

(a)

Rn)' of the dues. rales or charges owing. or

(b) any of the expenses of restraint. including expenses

connected with the summons. or the arrest or detention of ship.

rCOlain unpaid Ihe Authority m:ly cause such ship. or any pari of it~

lac t le. apparel. furniture. ur equipmenl to be sold by public auction.

and uut of Ihe proceeds of ~uch ~ale Ihe AuthorilY may retain the

amount owing logethcr ..... ilh Ihe expen'ieS of Ihe sale arid such olher

amounts as may be due in consequence of Ihe continued presence of

tlte ship in porI. and shall deli~er lite balarlCC'. if any. to the master of

tt.., $hip.

(4) Where any ",Slraining order made under su~ct:ion (I)

of this section is nol confirmed by tne ColIn it ~haJl lalM and ha~e

no rffel,:l.

Where -

SO.

(a) any goods or the proceeds of the sale or disposal of any

goods arc in the possc'ssion of the Authorily or a oontr;!(tor and

such goods or proceeds arc claimed hy two or more persons; or

(b) an y person claimi ng any goods in the po5SCS$ion of the

Authority or of a contractor does nut produce the document!

showing that he is emitled to take delivery Ihercof.

the Authurity ur the 001l1ractor may wilhhold delivery of such good~

ur pT<,.,ecds until the person appearing to the Aulhorily ur the

contractor to be entitled thCT<'1O has given an in demni ty 10 the

sa ti sfaction of the Authority and th e COntractor against the claims that

may bc advanced by any olher person with respe{"t 10 su{"h goodii or

procceds.

51. NOlwilhslarlding anything cootair.ed in this Act. the

Authority may take any judici a] action under any other law ror the

recovery of any ducs. ratcs. cha rges. npenscs. C(I5~ and m her debls or .

in Ihe case of $3]e. to rero~er the balance thereof when lhe proceeds of

the $31e are iniiufficient.

51. (I) Subjel,:l 10 the provisions of this Act. the Minister may.

afte r ronsutla tion with the Authority. mailc regul ations-

(a) for Ihe levying of dues. charges or fecs upon any ship.

Iha! is 10 uy-

(i) dues. charges or fees in respect of sh ips entering or

leaving a port, or bl:ing with,n a pon Or in the territorial waters

or Malta;

(ii) port dues . charges or fees in respect of passengers.

ani mal s or ca rgo CIIrri cd by an y ship

(iii) pilotage. lighting. mooring . buoyage. aochorage or

accoslage dues or other ducs. charges or fees on ships;

(b) for'~ levying of any charges or of flues for the use of

any works. applia nces or equipment provided or any service

performed or to be performed in respect of any ship or of any

goods. by the Authority or by a contractor. and withouI p«judke

to the generality of the foregoing. for any of 'he foll owing

(i) the landing. shipping. wharfage. craDa~ , storage,

carriage or de murrage of goods discharged from, or loaded on,

or presented for loading on, any ship;

(ii) the me by any ship , or pcl"$On of any wharf. quay.

pier. dock. landing place or othe r facility or installation owned

by the Authorityorover ... hieh it exerci~ . uthority;

(iii) the use of any ge ar . tac kle . tools , instruments.

equipment. Stagi ng or vehkles supplied by the Authorityor by

a contractor;

(iv) the use of anyshipor I;&!tter. or .nyenginc, boat or

,'ehide, or of any applianoe for [he extinction of fire owned or

adm iniste red by or in the po5SClSion of the Authority or 11

contractor;

(v) the towing or. the rendering assistance and service

to, any ship . in an y place

(vi) for Ihe supply ofwaler 10 any ship by the Authority

or by a contractor

(vii)

the chargcs or rates pa)'1lble by t'Oftsigm:cs.

consi~no", Or , hinDers of ~oods to pcrsons undeTla kinJl. the

unloading . landing , loading. shipping . or handling of goods

hetween ship's hold Or deck and rail. ramp. door Or ""ip's

tackle or any wharf or other place appointed for ,h", pu rpose

or between ship' s rail. ramp. door or ship's tackle and any

wharf

(c) conferring power on the Authori ty to assimi late for any

of the pul'p(»C'S of section 39 of Ihi s Act . any work. service or

facility which is nol speci fically mentioned in any regulations made

unde r Ih is SUbseCli on 10 Ihose specifically menti oned in such

regulat ions " 'ith which. in the opinion of the Authority. they hear

an .nalogy

(d) pre!;Cribing the condi,ions un de r wh ich any work or

scrvice in respect of whkh a rate or a charge is levied will be

performed or provided by the AU1hori ty or 8 contractor

(e) pro~iding for the en mption of any ship. or class or

da~s of ships . or any passcnger. ani mal or goods from all or any

dues. rates. charges or fees or for the refund Or remission thereof.

Or of pan thereof;

(f) prescribing fees in respect of any licence or permit issued

or given by t~ A uthority under any or the pro~isions of thi s Act;

(g) prescribing anything Ihal is to be , Or may be prescribed,

under this Act ;

(h) generally for giving better effect 10 any of the provisions

01 this Act .

(2) For thoe avoidar>ee of doubt, regulations made under lhis

section ma y-

(D) presenbe different dues, rales, charges or fees for

differc nl ports and for yachti ng I%nuu ;

(b) prescribe diffcrenl dues, raICS. cha rges or fees for

diffen:'nt l'i.asses of ship$. or passengcrs, animals or goods;

(el makc provision allowing thc Authority 10 CDlcr iDtO

special agreements with respect 10 any matter referred 10 in Ihis

section in place of any dues . rates. clmrgc$ or fees leviablc under

this Act.

!'i). The pro~islons of Ihis part of this Act mall apply to goods

whkh an: the property of the Government. but shall not apply to -

(a) any ship registered in Malta Ind used e"llclusively or

mainly in the fIming industry or fIshing trade ;

(b) any ship be longing 10 a foreign Govern ment , providcd

she does not engagc in trade or com merce;

(c) seacraft . whethe r self·propelled Or not. below Icn gross

tons.

PART VII

~

St. (1) The ports spccirlCd in Part ID of lhe First Schedule w

Ihis Act mall be COAlpulsory pilolage ports: and all ships. olher Ihan

ship$ cxoepted undcr wbs.ectioll (2) of this seclion. shall, while

navigati ng within Ihe limits of a compulsory pilotage port. whether by

cnlcring. lea~ingor moving. be ullde. the pi lotage of a pilot

Provided that where an excepted ship -

(a) has 001 laken I berth assigned 10 h<r by the Authority

and. in thc opinioin of the AUlbority. is foul or IS li kely to foul any

mark. buoy or 50mC e){ber ship due to any cause whalSOever ; or

(b)

has aocbored ill the fairway of IlIIy port ,

then Wilhoul prejudice to any cirminal proceedings that may be laken

against Ihe master of such ship. Ihe Authorit y may direCi Ihal such

ship be moored or rc -moored under thc direction of a pile){

Provided further that where any excepted sh ip is to be berthed or

unbenhed at any quay, wharf. jelly. pier or buoy tbe Authority may

direct that such benhing or unbertbing shall be carried out under the

direction of a pilot.

(2) For the purposes of this section. the following ships shall

be e~cep!ed ships -

(a) ships owned Or operated by the Government of Malta;

(b)

men-of-warof a fordgn power;

(c)

yachts and fishing vessels;

(d) ships of less than five hundred gross Ions calculated in

accordance with the rules for the time being in force for the

me3!lurement of ships under the Merchant Shipping Act ;

(e) ships trading e~dusivcly between ports in Malta;

(f) tugs, dredgers, barges or similar vessels whose ordinary

course of navigation does not extend beyond the limits of the

territorial waters of Malta;

(g) ships unable to obtain the services of a pilot owing 10 the

stress of weather.

(3) The Authority may exempt any ship from compulsory

pilotage in any particular case,

(4) Where any port is a compulsory pilotage port. the

Minister may by order define the limits of such port lOT the puTjXlSes

of compulsory pilotage.

SS. (I) There is hereby established a Pilotage Board (in this PiIo! ... _rd.

Part referred to as "the Board") which shall exercise and p"rform the

functions assigned to it by this Part of this Act .

(2) The Board shall consist of a chairman and such number

of other members as the Minister may from time to time appoint. so

however that not less than two of the members, shall be members

having nautical Or pilotage experience.

It shall be the function of the Board to -

(3)

(a) conduct examinations in connection with the licensing

of pilots;

(b) appoint panels of examiners for the purpose of the

examinations aforesaid;

(c) conduct disciplinary proceedings in respect of pilots in

accordance with the provisions of this Act;

(d) award to pilots found guilty of a breach of disciplin e

such punishment~ as may from time to time be prescribed: and

(e) advise the A utoority on any man er the Authority may

refer to it in connection with the pi lOlage service.

(4) At any m""ling of the Board the Chairman and Two

othe r membeB. of whom &t least onc has nautical or pilotage

expocrience. shall form a quoru m.

IS) The Board shall meet at lent once every fon y-fi,·e days

at such time and pla~ as the Chairman may appoint .

(6) Subjecr to the provisions of this section. the Boa rd mhy

regulate its own prCH:edure.

u.. .. in'ofpiloU.

56. (I ) Subje" 10 the provisions of Ihis se";on. the Authority

may license pilots for the purpose of conducting ships wi thin Maltese

waters.

(2)

No pocrsoo shall be lice nsed as a pilot unl ess he has -

(a) passed such qualifying examinations n

may be

prescribed

(b) been licensed as a temporary pilot on probat ion for such

pocriod as may be prescribNI;

(c) obtained suc h practica l experience in the pilotage of ships

in Malta during the probation period referred to in p<ll1Igraph (b)

of this subs«tion 15 may be prcscribNI

(d)

had his licence confirmed by the Board; and

(c) satisfied such other rondition s as may from time to time

be prescribed.

(3) The licence ;§sued to a pilot shall indicate the limits

wit hi n which the licencee is qualified to ~ .

(4) Notwithstanding the provisions of Ihis section . the

Authori ty may. if it considers expedient. huthorise any person 10 pilot

a vessel in a port subject to such terms and condi tions as it deems fit .

57. (1) NOIwilhstanding ttr.e provisions of the Social Security

Act. 19S7. pilots and mooringmen shall. for the purposes only of the

payment of oontributiom and the receipt of benefi ts under That Act.

be deemed to be the employees of the OWnc fli. mastefli. charte rers.

or agents of a ship Or of any other persons reques tin g their services

and sueh owners. maste rs. eharterCfli or agcnt§ or olher persons shall

be deemed 10 be tbe employer of piloTS and mooringmcn.

(2) The Authority Shall deduct from t he ~ami ngs o f I)ilots

and mooringmc n. and shall collect from the ma~ter. age nt , charlcn: r Of

owner of a ship or from any olher person requesti ng the Sl,'rv;ces of

pilots alld moor;n~e n such contributions a1 such a rale as from time

\0 li me may be In force in "'spe c! of employees and employers

le$peClivcly under the provisions of the Social S«urity Act. 1987 and

~aJ1 n:mi. such oomribuiions \0 the Ocpa n men\ of I nland Revenue.

(3) , ,,., Ministe r rCSf>Onsible for ports wilh the concurrence

of the M in ister respon$ible for social policy may make regula tions \0

provide for 1M: roll«1ion of social st'<:urity contributions unde r thi s

sectio!' and for IM payments of any benefits due under the Social

Security Act . 1987 10 pilots and mooringrncn.

SS. The AUlhori ty shall make such arrangements with respect ~.

10 mooringmcn , ir>Cluding the requirerncm$ of a licence and provision

for discipline. as it may. aflerronsuJullion "'i th the Minister. dcterm;n.c

Pro~;ded that any arra ngements made as afo resaid shall adequately

protect mooringmen licensed under the Pon O rdinance repealed bylhis c.p. 119

Act .

59. The grant or renewal ofa licence to pi lot by the Autilority in . t

accordance with the pro~isions o f thi s Act sh all not place o r imply any - - ,.

liabi lit), o n the Au thorit y o r the Go~ern m e n t of Malta for any loss or

damage occasioned by a ny act Or default of a ny pilot, whether the

e mploymcm of a pilot is compulsory or not.

60. ( I) The lice nce issued to a pilot shall au tomatically be c-.1I>tiooo ..

cancelled b y the Authority when the pilot relires on reaching the ~,"""""""oI

relirina aae that may from time 10 time be prescribed. or if such pilol 100<..,.,..

i$ found by. Medical Board appointed by the Authority to be physically

unfit to carry OU t his dutics .

(2) The Authority may also suspend or re~oke the licence

iMued to a pilot as a consequence of the award by Ihe Board of a

punishment oonsisting in the suspension or revocatio n of Ihe licence.

or if the pilot absents hi msel f from duty for a period Cltcecdi na one year.

(3) Subject to any condi tion .... hich the Hoard may malte.

Ihe Au thority may re· issue a licence to a pilol whose licence has been

revoked unde r subsection (2) of this se<:tion .

(4) A licence issued to a pilot shall be su rrendered to the

Authority wheneve r it is for any reason car>eelled, suspended or

revoked .

6 1. A pilot may require the master of any shipwh kh he is piloti ng ~ .. to

to declare her dtau~ht of water. length and be a m. and such other _",,"'lIIip.

information as may l>c required for the So1fc piloting of the ship. and

the master shall comply with any su,h request.

62. Every rilot when a'ting a~ sltCh shall be provided with his Piloo to pn>d"""

licence and shall. if requesLed. produ~"e ilto lhe ma ster of the ship he L~.

pilOlS.

63. Notwithstanding anything contained in any law. the owncror

master of a ship navigating under ci rcumstances in which pilotage is

(XlOlp"lsory, shall be answerable for an y loss or damage caused by the

ship or by any faul! of the navigation of the ship ill the same manner as

he would if pilotage were not compulsory.

64. ( I) lbe Minister may , in consuilalion with tlM: Authority.

make reguallions for all or anyone or mOTe of the following purposes

(a) determining the qualifications 10 be required from

pefSOllS seeking a licence 10 act as pilots and providing fOT such

written , oral and practical examinations whiCh may be de.,med

nC«SSllry therefor ;

(b) fi~ing the lerm for which • licence is IQ remain in fortt

and the conditions under which it may be renewed

(c) providing for the mann.c:r in which . and the conditions

under which, pilots are to perform their duties under Ihis Act;

(d) providing for the good managem,ml of lice nsed pilou

and prohationaf)' pilo15 and in pankular 10 erlllu re their good

conduct and constant allendarn:e to and Ihe performance of. Iheir

dUlies. whelller I I .ea or on shore ;

(e) providing for Ihe appointment of persons to the post of

Chief Pilot and establishing the duties appenai ning losuch post;

(f) providing for the disciplinary procedures of the Board

and the award by it of peu.alties. including fines not exe«ding

fifty liri. and the suspension or cancdlation of licences;

(g) providing for the coUection of pilOlal!<' dues and for the

dutribution thereof among pilots, as and where appropriat e. and

for the remittance of money 10 funds established or continued

u~r Ihis Act;

(h) providing for the establishment or oofl\inuarn:e of I

Slabi li$alion Fund. a Pilot Launeh Main lenanee and Repair Fund .

and a Pilot Launch Replace menl Fund and for the adminiSlrlltion

of such funds;

(i) providing {or the purposes for which any such funds as

aforesaid Ire 10 he used;

(j) prescribing the manner in which such funds shall he

financed and providing for a levy on u.sers of the pilotage strvice

towards all or anyone or more o f such funds;

(k) prescribing the manner in which eh.arges may he made

against such funds ;

(1) regulaling the USoe . re place~nl . maintenance and repair

of launches. eq uipment and facilities made available 10 pilots;

(m) providing for improvem~nts in Ihe pilotage service;

(n) r~guJaling Ih~ mann~r in which and Ih~condilions under

which pilots dlaU board and disembark from ships;

pr~scribing th~ reliring ag~ of pi lots;

(0)

regula ting th~ use of a pilot flag or pilot

(p)

d~fining and

signals;

(q) prohibiting th~ payment or r~ceipl of dues for pilotage

service. or for ancillary servioces, to Or by pilots in addi tion to $lld!

dues as may be due un.xr this Act;

(r) pr~scribing anything Ihal is 10 be, or may be prescribed,

under Ihis Part of Ihis Ac\.

(2) Any perwn who conlrave nes or fai ls to comply wilh any

regulations ma.x, Or deemed to be made , under tbis section shaH be

luilly of an off~nce and shall be li~ble on conviction to th~ pay ment

of a fine (mldlu) not exceeding one Ihousand liri or to imprison ment

nOI exl'«ding SIJI months or 10 bolh w<h fine and imprisonmenl,

PART VIII

65. Notwi thstanding the pr(Wisions of any other law, no action

shall lie against the Authority or a O()f1 lnctor in relation 10 Iheir

responsibili ties under Ihis ACI. o r for any loss or damage caused 10

any penon, vessel. goods, vehicles or othe r th ings whal$Oever on boltrd

a ship unless-

(a) a claim in wri tinl , giving such J'lInicuian as may

reasonably be necessary. is gi\'1:n 10 the AUlhority or Ihe

conlractor, as the case may be, nOl lalcr than six months after Ih~

date on which the goods were accepted by the Authority or Ihe

conlractor;

(b) the actio'n is commenced within twelve months from the

date aforesaid

Provided that the Aulhority or the conlraClor. as the case m~y

be. may extend the period speafted in pangnph (a) of th is seClion

by such fun her period oot elc«dinl sil months as it ma y deem fit if

it is satisfied thatlhe claim cou ld nOt reasonably have been made within

Ihe period specified as aforesaid

Pnwided furt her that the Authority Or the conlraClor, as the case

may be, shall nol be liable beyond such limits or amountS est ablished

b)' law. or in such circumstances as may be prescribed .

66. If tbe amount paid to the Authorit y or the rontractor for any

dues , ratcs. charges or fecs due under this Act . is found 10 be incorrect .

then if such amount ;$-

(I ) an overcharge. the person who paid tile dues, rales,

chargo or fees shall be cnl;lkd 10 a refund of the amount 0f11he

overcharge

(b) an u~rdlarge . tM: Authority or the contractorshall be

cruilled IQ rollect the amoonl of the undercharge from the person

who paid the dues, ralcs, charges or fees

l'rovidcd lh~t. notwithstanding the pro~isions of any olhe r law.

any such ove rcharge or underdarge shall not be recoverable unless a

noli~ in wriling. conta ini ng such particulars as may reasonably be

n«essa ry, is given by the party daiming Ihe refund Or collection 10

the party from whom it is claimed. not later than ''''0 )"eal'$ after the

acceptance of the goods by the Authoril y or Ihe oonl11lctor. a§ IM ease

may be. so hO"'ever Ihal where Ihc ullde reharge ;5 due 10 any

dCMOriplioll or olhcr informalion subscque mly found to be inoorr«:t

thc period of two yeal'$ aforc$IIid shall oommerlre On Ihe dale on " 'hieh

the Autho rity OT the oon1rllctor. as the c~ may be . first discovers Ihc

iocorreclnrss of the dCiCripliof1 or information.

67. Any nolice OT ol her document required or authori5Cd by or

ulKkr this Act to be served on any person by the AuthorilY or a

oonl11lc:tor may be served -

(a)

by delivering il 10 Ihe person; or

(b) by sending it by registered post addressed to the person

at his usual OT last known address;

and if ""rvice is made as provided in paragl'llph (b) of this $Cclion il ~hall

be sufficient 10 prove $Crvice 10Mlow that Ihe nolice ocotherdoc:ument

was properly addressed and posted .

PART IX

68. Any person who. wilfully or negligenlly _

<a) removes or alters any lighthou5C, buoy. beacon Or olhe r

lighl placed by the Authorily. or

(b) rides by. or mak es fast to . or runs foul oiany lighlhou"" .

buoy. beacon or other lighl as aforesaid.

shall be guilty of an offcnce and be liabk on oonVKlion 10 a fine (mU/Ill)

not exceeding one thousand tiri .

69. ( I) Whenever any ~&ht is exhibited in any place or in such E, ' .,

manner as to be liable to be mistaken for a ligh t proceeding from a . , . . . - - ,

lighthouse. buoy or beacon. or other light placed by tile A uthority. the ::"~":':.

A uthority may serve a notice on the owner Or OCI.'Upier of Ihe pllK:C

where the light is e~hibi ted or on the person ha ving I:harge of the light.

direct ing the owner , occupie r or ot her person, to take. withi n a

reasonable time to be: specified in the nOlil:<:, cffel:!Ua l means for

utinguishi ng or effa:l ually scree ning the ligh t and fo r preventing the

same or similar light being elhibited thereafter.

(2) Sud! notice may also be served by affi ling tile same in

some conspicuous spot near the ~ghtto which the notice re lates,

(3) Any OWl'lCr. occupier Or OIher perwn on whom a notice

is served under this section who fai ls withou t reasonable cauo;c: to

comply with the dircl:tives contai ned in the notil:<: . shall be: guilty of

an offence and be liable on conviction to a fine (mr,flll ) not e~ccedinll

onc thousand liri and to a fun her fine (multll) not c~ceeding onc

hundred lir; for every day during which the offe nl:<: co ntinues,

7{l. ~ver wi lfully obstructs any office r of the Au thority in Obctnorunt

the: perfOfllUlnce of his duties under this Aa. or any person in the ".tIIooWd''''r)',

perfonn aOCl' of any act Ile is authorised to perform by the Authority.

shall be guilly of an offelKC and be: liable on OOflvietion to imprisonment

for a term nOl e~a::edi ng sill months or to a fine (mullll ) DOl exceeding

two thousand li ri . or to both sud! fioe and imprisonment,

If-

71. (a) any ship navigates without a pilot in I:irl:umstances in

which a pilot is to be engaged unde r any of the provisions of this

Aa. or

(b) the master of tbe ship refuses \0 comply with any request

made unde r section 61 of Ihis Ad . or makes o r is privy 10 the

making of any false statement in answe r to sueh TCqUC$t ,

Ihe maste r of SUl:h sh ip shall be guilty of an offentt and shall be liable

on conviction to a fine (mlllta) not exceeding two thousand liri.

72. ( \ ) Any pilot who , while piloting a ship hy wilful breach of a .. """ of W\}'

duty. or by neglea of du ty or by reason of dru nk enness-

", pikll ,

(.) ~ any.a tending 10 the inuncdiate loss, deslruaion or

serious damage of such ship or tending immediately 10 endanger

the life or limb of any penon; or

(b) refuses or omiu lodoany la .... ful lld prope r and requisite

to be done by him for preserving such shi p from loss. deslruaion or

serious damage. o r preserving any person from danger to life or

limb.

shall be gu ilty of an offe nce and be liable on conviction to imprisonment

for a term nOI exceed in g one year Or to a finll (mulla ) not e~ceeding five

thousand liri. or 10 bolh such imprisonme nt and fine .

(2) Any pikll who fails w comply with the provisions of

seclion 62 of this ACI shall be guilt y of an offence and be liable on

conviction to a fine (mlllra) nOl exceeding five hundred li ri.

7J . Any pe r50n who offe rs his sc: rvices as a pilot or acts as a

pilot withoo! the permission of the AUlhority and without being duly

lice nsed . or ""hils! his licence as a pilOl is cancelled. suspended or

revoked. and any pilo! ""ho lends his licence to. or allows his licence

10 be used by. any other person. o r pilols ships oUlside the limi ls

speci fi ed in his licence or who aCIS as a pi lol while unde r Ihc infl uence

of drin k or drugs. shall be guilty of an offenN and be liable on conviction

10 imprisonment for a period nOI uceeding onc year or 10 a fine

(mullll) not exceeding five IhOUSilrtd lin. IX 10 bolh such impri5lJnmcnl

and fi.., .

74. If the maste r. owner or agent of a ship or the owner or

co nsig nor Or consignee of any goods. evades or allempts 10 evade. by

any mea ns whatwcve r. Ihe paymenl of an y dues. rales. charges or fees

leviable unde r this AC'l . he shall be guilty of an offence and be liable

on oon"lction 10 imprisonmem for a term 00\ exceeding !""elve months

or to a fine (mulla) not exceeding onc Ihousand liri. or to bolh such

imprisonment and fine . and shall in addilion be lifthle to pay 10 the

Autho rity a pcn:.lIy triple the amount of the dues. rates. charges or

fees he-evaded or attempted to evade.

75. An y maSler of a ship whQ oonnne"",s any of Ihe pra"isions

of sections 30 ur J I of Ihis Act. i hall be guilty of an offe nce and shall

""" ..... .lO.od ) 1 be linblc on conviction 10 im prisonment far a period nOI exceeding

lhree months or 10 a fine (m,,/Ia) not nceeding five hundred liri o r to

bolh such imprisonment and fine .

76. Any ~rson who makes . .... hether ~ no ... ingly or rec~ 1cs~l y.

any statement which is fa lse in Dn~ material particular in any return.

claim or other document which is requeSled or authori sed 10 be made

hy or under lhi s Act , shall be guilty of an offc nce and be liable on

eon"ict ian to impriSOllmem for a period not e ~cced ing t .... e"·e monlhs

or to a fine (mu/IQ) not nceeding three thousand liri. Or to both such

imprisonment and fine .

77. If any pcrwn mkin g pan in lhe Imlding. unloading or

warehousing of goods in any port endange rs the safety of life. limb or

property -

(a) by oonnnrning an y of Ihe provisions of th is Act or of

any regulations made or deemed to be made thereunder: or

(b )

by any rash or negligent ac!.

he shall be gui hy of nn offente and shall be liable on cooviClion 10

imprisonmcnt for n period not exceeding six mon lhs or 10 a li ne (muIIQ)

not c~cc~d inll onc thousa nd liri or both to such im prisonment and fine.

18. Anv person who fails to complv ",ilh anv direction lI.i'·cn bv ,..,.

the Authority in exc rci5/: of ils powers undcr this Act. or who fail~ .... t'· """,110

10 compl~ with a n ~ provision of this ACI or of an y regulations made -::=~

the reunder. shall be gui hy of all offe~ and. unless anoth~r penahy ,.;tIo"y

is est ablished for such offe~ in Ihis ACI . be liable on conviction to ~oI

a fi ne (m" IIQ) r>OI excttding five thousand liri . or to imprisonment for'

a term not el ceeding twelve monlhs. Of 10 bolh such fine and

imprisoll=nt. and in the ca5/: of a continuing offeoce 10 a further fine

(m ullll) nol Cluedi ng five hundred liri for every da~ du ring Whi ch the

offerocc continues.

79. A oontractor and any of his emplo~ees. other tha n pon c"",,,,,,.,.,",,,,

workers register~d under Ihe provisions of the Pon Worke rs <1« ..... ""bhc

Ordinarocc. lI,hilst act ing within the srope of his e mployment in ::-"'~ol

purstJance of an agreement entered into be tween the Authority and (:r;"",,,t 0;..10.

the contractor unde r subsection (3) of Kction 11 ur this Act shall be Cop _ 9.

deemed [0 be a public officer or employee for the purpo~s of the

Criminal Code and of an y OTher IlIw of a penal nalure.

The punishments provided by or under this Act shall appl y 50 ..... ""_.

80. unl~ the act constitutes a more serious offence under the Crim inal proW .. '"

Code or some ot her la w, in which case such Code or other law shall

apply, so however that no person shall be punished twice for the same

act or omis:;ion.

PART X

Repnl. Amendmetll .nd s..,i ng

8 1. (I) SubjecT 10 Ihe provisions of Ihe AC1 . the following R<\,<.I.

enactments, thal is 10 sa~-

( .. ) the J'Qrt Dues Qrdinarocc. Cap. 100.

(b) Ihe POrlS Ordinance, Cap. 170. and

(c) Ihe Director of Port$ Act. Cap. 224

are hereby repealed.

(2) (3) An y refe rence in any olher law 10 the Ports Cap. 170

Ordinance. and the Port Du es Ordinance sholl in each case be Cap. lOO

rea d and construed as a reference 10 the Mal ta Ma ritime Authority

A" . 199 1.

(b) Any reference in any other law to the Di rector of

Pons. th e Superintendent of Pons and the Pon IXpanment shall

in each case be read and t'Ofistrued as a refereoce to tile Malta

Ma ritime Authority establislled unde r tllis Act.

82. The enactments set out in the First Column of th e Serond

Schedule to this Act shall have effecl suhjCi:t 10 the amendmenlli set

OUI in the Second Column of Ihsl Schedule on well da te or dates 3$

the Minister may by Order in the Gazelle eSlablisll; so 1I0wever that

the Min ister may n tablisll different da tn on which the different

amendments. or pans thereof. appearing in tile Second Column of the

said Sclledule slla ll take effect.

SJ. (I) Nothing in section~ 81 and &2 of this Act shall affect

tile "al id ity of anything do-ne before tile date of the coming into force

tllereof under any of tile enactments thereby repe~led Or amended . or

any right. obliga tion or liability acqui red, accrued or incurred bdore

the date aforesaid or an y liability to criminal proceedings for any act

or omi S5ion happening before that date.

(2) Whenever under any of the enactme nts repealed or

amended by this Act. or any regula tions made or deemed to be made

tllereundcr. any notice. act. action. proceedings or any other thing

whatsoever. has bee n given or commenced bY OT .gainst Ihe DirC(:torof

Ports, such nOIM:t=. act, action. proceedings or OI lier tiling may be

continued by or against the AUlhority as if tile said notice. act. action,

proceedings Or other tiling has been given or commenced by or against

the Authority. and any right or liability, acquired. accrued. Or incurred

by. and all rigbts bit herto vested in the Director of Ports under the Ports

Ordinance. and under any other law. shall. upon the coming in to force

of Ih is SoCction become I right or liability of, and rights vesled in the

Authority.

(3) All regulations. orders and otber subsi diary legislation

made under or kept in force by tbe Ports Ordinance or by the Port DuCli

Ordinance. and in force immediately before the coming into force of

this se<elion , shall continue in force thereafter as if they had been made

under the corrnponding provisKln of Ihis Act and Shall be treated

accordingly.

(4) Any funds established by or under any of tile provisKlns

of the enactmcnts repealed by this 5«Iion sllall, notwilllstanding such

ro/al andas from the date tlleroor. con tin ue in operation as if lbey had

been Cl;lablished under the corresponding provision of this Act. and

sban be treared accordingly.

(S) Any licence. pennission or ort.cr authority granted under

any of tile provisions of the enactments repealed in ~ction 81 of thi s

AcI and still in force immediately before such repeal. shall con tinue

in fo rce tberea fter as if it were a licence, permission or aUlhority

graRted under the corresponding proviSKlnS of tbis ACI. and shall be

treated accordingly.

s... Saving the provh;on~ of ~I;on 8J of this Act. nOBe of the

rights. du tiel>. po",er5 3nd obligations vested ;n the Authority under

this Act shall diminislt or alter any of the rights. du ties. po,,'Cn; and

obligations vested in the Freepon Authorit y by the Malla Frccpons

Aa. 1989.