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ATT DWAR L-AWTORITÀ G}AT-TRASPORT F’MALTA ARRAN{AMENT TAL-ATT Artikoli Taqsima I Preliminari u {enerali

57 Articles / Provisions · Malta
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Table of Provisions (57)

Preambolu Art. 1 First Schedule Art. 2 Interpretation. Second Schedule Art. 3 Promotion and development of the Authority’s interests. Third Schedule Art. 4 Main policies and objectives. Art. 5 Art. 6 Art. 7 Powers and functions in connections with road transport and roads. Art. 8 Powers and functions in connections with maritime affairs. Art. 9 Art. 10 Art. 11 Relations between the Minister and the Authority. Art. 12 Legal personality and representation of the Authority. Art. 13 Art. 14 Establishment of Directorates. Art. 15 Appointment of Chief Executive Officer. Art. 16 Art. 17 Staff appointments. Art. 18 Disclosure of interests. Art. 19 Art. 20 Art. 21 Status of public officers detailed for duty with the Authority. Art. 22 Art. 23 Art. 24 Art. 25 Power to borrow or raise capital. Art. 26 Advances from Government. Art. 27 Borrowing from Government. Art. 28 Art. 29 Expenditure to be according to approved estimates. Art. 30 Publication of approved estimates. Art. 31 Accounts and audit. Art. 32 Art. 33 Contracts of supply or works. Art. 34 Annual report. Art. 35 Exemption from taxation. Art. 36 Trasferiment ta’ assi lill- Awtorità. Art. 37 Art. 38 Transitory provisions. Art. 39 Art. 40 Art. 41 Persons deemed public officers. Art. 42 Licensing of activities. Art. 43 Power to make regulations. Art. 44 Art. 45 Scope of regulations or orders. Art. 46 Refusal to grant or to renew, suspend or revoke a licence. Art. 47 Art. 48 Art. 49 Art. 50 Exemption from liability. Art. 51 Repeal of the Malta Transport Authority Act. Art. 52 Amendment of other enactments. Art. 53 Reprint.

Statutory Text (57 Articles)

Gazzetta tal-Gvern ta' Malta — Att 2009 15 — ATT DWAR L-AWTORITÀ G}AT-TRASPORT F’MALTA ARRAN{AMENT TAL-ATT Artikoli Taqsima I Preliminari u {enerali
Preambolu — ATT DWAR L-AWTORITÀ G}AT-TRASPORT F’MALTA ARRAN{AMENT TAL-ATT Artikoli Taqsima I Preliminari u {enerali Open official source

ATT DWAR L-AWTORITÀ G}AT-TRASPORT F’MALTA

ARRAN{AMENT TAL-ATT

Artikoli

Taqsima I

Preliminari u {enerali

Taqsima II

Prin`ipji ta’ Tmexxija

Taqsima III

Twaqqif, Funzjonijiet u Tmexxija tax-Xog]ol tal-

Awtorità

5 - 16

Taqsima IV

Uffi`jali u Impjegati tal-Awtorità

17 - 23

Taqsima V

Disposizzjonijiet Finanzjarji

24 - 35

Taqsima VI

Trasferiment ta’ ~erti Assi lill-Awtorità

36 - 38

Taqsima VII Kumitati ta’ Tmexxija

Taqsima VIII Tribunal ta’ Revi\joni Amministrattiva

Taqsima IX

Mixxellanji

41 - 53

SKEDI

L-Ewwel Skeda

Direttorati

It-Tieni Skeda

Li[ijiet

It-Tielet Skeda

Emendi ta’ Li[ijiet

Nag]ti l-kunsens tieg]i.

G EORGE A BELA

(L.S.)

President

31 ta’ Lulju, 2009

ATT Nru. XV ta’ l-2009

ATT biex jipprovdi g]at-twaqqif ta’ korp mag]qud li jkun

mag]ruf b]ala l-Awtorità g]at-Trasport f ’Malta li g]andha tassumi

l-funzjonijiet li qabel kienu je\er`itaw l-Awtorità Marittima ta’

Malta, l-Awtorità dwar it-Trasport ta’ Malta u d-Direttur u d-

Direttorat tal-Avjazzjoni ~ivili u g]all-e\er`izzju minn u f ’isem dik l-

Awtorità tal-funzjonijiet li g]andhom x’jaqsmu mat-toroq, mat-

trasport bl-ajru, ferroviji, trasport stradali, jew ba]ar miftu], fil-

portijiet jew ib]ra interni, u li g]andhom x’jaqsmu mal-bastimenti

merkantili; biex jipprovdi g]at-trasferiment ta’ `erti assi lill-Awtorità

mwaqqfa bl-Att; u biex jipprovdi dwar ]wejje[ an`illari ma’ dawn

jew konnessi mag]hom.

IL-PRESIDENT bil-parir u l-kunsens tal-Kamra tad-Deputati,

imlaqqg]a f’dan il-Parlament, u bl-awtorità ta’ l-istess, ]are[ b’li[i

dan li [ej:-

TAQSIMA I

PRELIMINARI U {ENERALI

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 1 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The short title of this Act is the Authority for Short title and

commencement.

Transport in Malta Act, 2009.

(2) This Act shall come into force on such date as the Minister

may, by notice in the Gazette, appoint and different dates may be so

appointed for different provisions or for different purposes of this

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
First Schedule — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(Article 14)

Directorates

Subject to the Minister’s powers under article 7(2), there shall be the

following Directorates

1. Integrated Transport Strategy Directorate - which shall have the

responsibility for the integration of transport research and infrastructure planning,

the development and coordination of transport policies, the educational aspects of

transport within the Authority, the development of standards and the coordination

of European Union affairs.

2. Ports and Yachting Directorate - which shall have the responsibility for

preserving the good order in internal and territorial waters, safety of navigation,

overall control of port work, provision of port workers, prevention and control of

pollution, provision of pilotage, fire fighting facilities, supplies and other ship

requirements, regulating, controlling and promoting yachting centres.

3. Merchant Shipping Directorate - which shall have the responsibility for

ship, boat and yacht registration, the provision of all ancillary services and the

promotion of Malta as an international maritime centre.

4. Road Transport Directorate - which shall have the responsibility for the

provision of a properly integrated, safe, economical and efficient public transport

system and the licensing and regulation of vehicles and the drivers thereof and

commercial road transport operators.

5. Roads and Traffic Directorate - which shall have the responsibility for

the construction, re-construction and maintenance of roads, the management of

traffic and the promotion of traffic safety.

6. Civil Aviation Directorate - which shall have the responsibility for all

matters connected with civil aviation, including air navigation, the registration of

aircraft and aircraft mortgages, the provision of ancillary services and the

promotion of Malta as an international centre for aircraft registration and ancillary

services.

7. Corporate Services Directorate - which shall have the responsibility for

providing common legal, financial, human resources and administrative services

that are required for the proper functioning of the Authority.

8. Enforcement Directorate - which shall have the responsibility for the

overall enforcement of the provisions of this Act and other laws and regulations

regulating road, sea and air transport.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 2 Interpretation. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

In this Act, unless the context otherwise requires, the

following expressions have the meaning hereby assigned to them

"airport" or "aerodrome" means any area of land or water

designed, equipped, set apart or commonly used to provide facilities

for the landing and departure of aircraft and includes any area or

space, whether on the ground, on the roof of a building or elsewhere,

which is designed, equipped or set apart to provide facilities for the

landing and departure of aircraft capable of descending or climbing

vertically, and it includes an air passenger terminal, an air cargo

terminal and, or an air cargo warehouse as well as all land and

facilities pertinent to an airport;

"air transport service" means the carriage of passengers or of

mail or of cargo by air for reward;

"aircraft" means any mechanically driven self-propelled device

used for transport by air of passengers or cargo and includes

aeroplanes, seaplanes, helicopters, light aircraft and microlights;

"authorisation" includes any licence or permit however so

described issued by or under this Act to operate, provide or carry out

any activity or operation or service however described relating to

transport;

"the Authority" means the Authority for Transport in Malta

established by article 5;

"boat" means a small watercraft, propelled by oars, sails,

engines, or other methods;

"Chairperson" means the Chairperson of the Authority and

includes, in the circumstances mentioned in article 5(4), the Deputy

Chairperson;

"charges" means the charges that may be levied under this Act

or any regulations made thereunder;

"Chief Executive Officer" means the Chief Executive Officer of

the Authority appointed under article 15;

"contractor" means a person acting in pursuance of an

agreement entered into with the Authority or with a Directorate;

"conveyance of persons" means the carriage of passengers by

road or by sea or by air for hire or reward;

"decision"

includes

any

determination,

measure,

order,

requirement or specification however so described made by the

Authority;

"Directorates" means such directorates as are or may be

established under article 14(1) this Act;

"European Union" has the same meaning as is given to it in the

European Union Act;

"fees" means the fees that may be levied under this Act or any

regulations made thereunder;

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

the 31st December; provided that the first financial year shall start on

the coming into force of this Act and shall end on the 31st December

of the following year;

"Gazette" means the Malta Government Gazette;

"Government" means the Government of Malta;

"goods" includes baggage, animals (whether alive or dead) and

other movable property of any kind whatsoever;

"internal waters" includes any harbour, port, bay, cove, creek or

seashore;

"licence" means and includes any licence or permit which under

this Act or any other law is required from the Authority or a

Directorate or which the Authority or a Directorate is authorised or

empowered to grant under such Act or other law;

"Local Councils" means the local councils established under the

provisions of the Local Councils Act;

"loss or damage", in relation to persons, includes loss of life and

personal injury;

"management committee" or "committee" means a management

committee established in accordance with article 39;

"master", when used in relation to any ship, means the person

having command or charge of the ship for the time being, but does not

include a pilot;

"motor vehicle" means any self-propelled road vehicle which is

normally used for carrying persons or goods by road or for drawing,

on the road, vehicles used for the carriage of persons or goods but

does not include agricultural tractors;

"Minister" means the Minister responsible for transport, and

includes any person authorised by such Minister in that behalf;

"officer" and "employee" in relation to the Authority includes a

public officer detailed for duty with the Authority;

"operator", in relation to an aircraft, means the person for the

time being having the management of that aircraft, and cognate

expressions shall be construed accordingly;

"owner" in relation to a ship includes the charterer or operator of

the ship, and in relation to an aircraft includes the charterer or

operator of the aircraft;

"person" includes an association or body of persons, whether

registered as a legal person or not;

"pilot" means a person licensed by the Authority for the purpose

of conducting ships within Maltese waters;

"port" means the place declared to be a port by or under any law,

and may include a yachting centre provided it is so declared under

this Act or any other law;

"prescribed" means prescribed under this Act;

"public officer", in relation to article 20, has the same meaning

assigned to it by article 124 of the Constitution but does not include a

judge of the Superior Courts or a magistrate of the Inferior Courts;

"public passenger transport services" means passenger transport

services of general economic interest provided to the public on a non-

discriminatory and continuous basis;

"public transport" means the conveyance by a vehicle of

passengers against compensation;

"public transport employee" means a person employed in the

conveyance of passengers by a licensed public transport vehicle;

"public transport vehicle" means any vehicle used or intended to

be used for public transport;

"rates" means the rates that may be levied under this Act or

under any regulations made thereunder;

"reward" includes any form of consideration received or to be

received wholly or partly in respect of or in connection with the

rendering of a service, irrespective of the person by whom or to

whom the consideration has been or is to be given;

"road" includes any street or road however categorised and

includes, in relation to any such road -

(a)

any road which has already been built or which is in

the planning or the construction stage;

(b) the carriageway thereof as well as any border or

other public open space adjacent and ancillary thereto, including

side margins, central strips, roundabouts, traffic islands,

footways and pavements;

(c)

the foundations, sub-surfaces and surface dressing

thereof;

(d) sub-ways, overpasses, junctions and intersections,

whether multi-level or otherwise;

(e)

road drainage works and access thereto, trenches

and trenching works for utilities including access thereto,

ducting, conducting and the like for the distribution of utilities

or the provision of services, including works connected

therewith or ancillary thereto and manholes or other means of

access to such utilities or works;

(f)

poles, light fittings, billboards, hoardings, benches,

kiosks and any other thing that may be affixed to the surface

thereof excluding buildings;

(h) road traffic signs or signals, road markings and

traffic calming measures, traffic control equipment and related

lighting equipment, speed cameras and other road traffic

facilities used for traffic management and control;

"ship" means a vessel or craft of every description used in

navigation, whether self-propelled or not, and includes barges, oil

rigs, pontoons, and any other craft and similar vessels;

"tariff" means the fares or freight rates (including any charges

for the carriage of mails) to be charged and any conditions upon

which those fares or freight rates depend;

"territorial waters" means the waters described in article 3(1) of

the Territorial Waters and Contiguous Zone Act and includes any Cap. 226.

waters enclosed between the base lines therein mentioned and the

coast;

"transport" means the transport of persons or goods whether by

air, land or sea;

"transport of goods" means the transport of goods by air, land or

by sea for hire or reward;

"utilities" means any service ordinarily used by households or

commercial enterprises and which use the road to deliver the service

from the service provider to the house or commercial enterprise and

includes services such as water, drainage, electricity, cable television,

telephony, internet and the like;

"vehicle" includes any motor vehicle, carriage, karrozzin, cart,

bicycle, motor-cycle, trailer, semi-trailer, articulated vehicle, road

train, articulate bus or other means of transport by road for the

conveyance of persons or transport of goods;

"warehouse" means any shed, building, place, wagon, ship or

vehicle when used by the Authority, or a contractor for the purpose of

warehousing or depositing goods for the purposes of this Act;

"yacht" means a sea going ship used solely for pleasure and

accepted as such by the Authority.

PART II

GUIDING PRINCIPLES

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Second Schedule — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(Article 49)

Enactments

Civil Aviation Act, Cap. 232

Malta Transport Authority Act, Cap. 332

Malta Maritime Authority Act, Cap 352

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 3 Promotion and development of the Authority’s interests. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Government shall through the establishment of the

Authority for Transport in Malta seek to promote and develop the

transport sector in Malta by means of proper regulation and by the

promotion and development of related services, businesses and other

interests both locally and internationally.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Third Schedule — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(Article 52)

Amendments of Laws

Second Column

Extent of Amendments

1. In the heading to the Act for the words "Malta

Maritime Authority" there shall be substituted the words

"Ports and Shipping".

2. For the long title of the Act there shall be

substituted the following

"To provide for the establishment of ports in

Malta, for the registration and licensing of boats and

ships and to regulate the use thereof within the

territorial waters of Malta and to establish fees and

dues and other matters ancillary to shipping.".

3. Immediately before the sub-title "Preliminary"

there shall be inserted the words "PART I".

4. In article 2 thereof -

4.1 for the definition "the Authority" there

shall be substituted the following

" "the Authority" means the Authority for

Transport in Malta established under the

Authority for Transport in Malta Act;";

4.2 immediately after the definition "the

Authority" there shall be inserted the following new

definition

" "boat" means a small water craft,

propelled by oars, sails, engines, or other

methods;";

4.3 in the definition "charges", for the words

"article 39" the shall be substituted the words "article

15";

4.4 in the definition "contractor", for the

words "in pursuance of article 8(3)" there shall be

substituted the words "in pursuance of article 7(2) of

the Authority for Transport in Malta Act";

4.5 in the definition "dues", for the words

"article 39" there shall be substituted the words

"article 15";

4.6. the definition "Executive Director" shall

be deleted;

4.7 in the definition "fees", for the words

"article 39" there shall be substituted the words

"article 15";

4.8 the definitions "financial year" and

"function" shall be deleted;

4.9 immediately after the definition "fees"

there shall be inserted the following new definitions

" "fishing vessel" means a vessel being

used or registered to be used or, in the case of

an application for registration, intended to be

used, for, or in connection with fishing;

"Gazette” means the Malta Government

Gazette;";

4.10 the definition "internal waters" shall be

deleted;

4.11 in the definition "Minister", for the words

"ports and shipping" there shall be substituted the

word "transport";

4.12 the definition "mooringman" shall be

deleted;

4.13 the definition "navigational aid or

services" shall be deleted;

4.14 the definition "pilot" shall be deleted;

4.15 in the definition "port", for the words

"under article 27" there shall be substituted the words

"under article 3";

4.16 the definition "port facilities" shall be

deleted;

4.17 in the definition "rates", for the words

"article 39" there shall be substituted the words

"article 15";

4.18 in the definition "yacht" in the Maltese

text for the word "yacht" there shall be substituted

the word "jott"; and

4.19 in the definition "yachting centre" for the

words "article 27" there shall be substituted the

words "article 3" and, in the Maltese text, for the

word "yachting" there shall be substituted the word

"tal-jottijiet".

5. Part I to Part IV thereof shall be deleted.

6. Part V thereof shall be renumbered as Part II and

article 27 thereof shall be renumbered as article 3, article

28 thereof shall be deleted, and articles 29 to 38 thereof

shall be renumbered as articles 4 to 14.

7. For sub-article (2) of article 3 thereof, as

renumbered, there shall be substituted the following

"(2) Without prejudice to the other provisions of

this article the places specified in Part I and II of the

Schedule to this Act are hereby declared to be ports;

the places specified in Part III of the said Schedule

are hereby declared to be compulsory pilotage ports

and the places specified in Part IV of the said

Schedule are hereby declared to be yachting

centres.".

8. For sub-article (2) of article 4 thereof, as

renumbered, there shall be substituted the following

"(2) No boat or ship shall be used for or in

connection with any trade, business or calling in the

territorial and inland waters of Malta -

(a) unless such boat or ship is duly

licensed by the Authority for that specific

trade, business or calling; or

(b) unless, when such boat or ship is

being used as a fishing vessel, it is licensed for

such purpose by the Minister responsible for

fisheries.".

9. In article 13 thereof, as renumbered, for the words

"during the time such ship remains in Malta." there shall

be substituted the words

"during the time such ship remains in Malta

Provided that the said ship agent shall no longer

be deemed the agent of the ship as aforesaid if the

ship owner has replaced the said ship agent, and has

appointed another ship agent to represent the ship

whilst the said ship is still in Malta, in which case,

the ship agent so replaced shall no longer be deemed

to be the agent of the ship from the date of the

appointment of the subsequent ship agent by the ship

owner.".

10. For the words "Part VI" thereof there shall be

substituted the words "Part III".

11. Articles 39 to 53 thereof shall be renumbered

respectively as articles 14 to 28.

12. In article 14 thereof as renumbered -

12.1 in sub-article (1) the words "under article

52" shall be deleted; and

12.2 in paragraph (b) of sub-article (2) for the

words "on account of such ship." there shall be

substituted the following words

"on account of such ship

Provided that the ship agent’s liability for such

charges shall not exceed a maximum of the amount

up to which the agent enjoys a privilege under article

50 of the Merchant Shipping Act.".

13. In article 17 thereof, as renumbered, for the words

"article 40" there shall be substituted the words "article

15".

14. In article 18 thereof, as renumbered, for the words

"in articles 40 and 41" there shall be substituted the words

"in articles 15 and 16".

15. In article 21 thereof, as renumbered, for the words

"article 43" there shall be substituted the words "article

18", and for the words "article 41" there shall be

substituted the words "article 16".

16. For article 21 thereof, as renumbered, there shall

be substituted the following

"21. The Authority may authorize any of its

officers and employees or any other person to board

any ship, within or outside a port, to establish the

proper amount payable in respect of such ship.".

17. In article 23 thereof, as renumbered, for the words

"articles 30, 31 and 32" there shall be substituted the

words "articles 5, 6 and 7".

18. For article 24 thereof, as renumbered, there shall

be substituted the following

"24. (1) Without prejudice to any other remedy

allowed by law, if the master of a ship in respect of

which dues, rates or charges leviable under this Act

are payable refuses or neglects to pay such dues,

rates or charges on demand, the Authority may issue

an order restraining such ship from sailing.

(2) Such dues, rates or charges, which are

certain, liquid and due, and which are leviable under

this Act shall, following the issue of an order by the

Authority restraining such ship from sailing,

constitute and be deemed to be an executive title in

favour of the Authority, enforceable solely against

the said ship, for the purposes of article 253 of the

Code of Organization and Civil Procedure.".

19. In paragraph (c) of sub-article (1) of article 27

thereof, as renumbered, for the words "article 39" there

shall be substituted the words "article 14".

20. The words "Part VII" and articles 54 to 64 shall be

deleted.

21. For the words "PART VIII" thereof there shall be

substituted the words "PART IV".

22. Articles 65 to 67 shall respectively be renumbered

as articles 29 to 31.

23. In article 31 thereof, as renumbered immediately

after the words "as provided" there shall be inserted the

word "for".

24. For the words "PART IX" thereof there shall be

substituted the words "PART V".

25. Articles 68 to 80 thereof shall respectively be

renumbered as articles 32 to 44.

26. In article 32 thereof, as renumbered, for the words

"two thousand and three hundred and twenty-nine euro

and thirty-seven cents (2,329.37)" there shall be

substituted the words "two thousand and five hundred

euro (€2,500)".

27. In sub-article (3) of article 33 thereof, as

renumbered, for the words "two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(2,329.37) and to a further fine (multa) not exceeding two

hundred and thirty-two euro and ninety-four cents

(232.94)" there shall be substituted the words "two

thousand and five hundred euro (€2,500) and to a further

fine (multa) not exceeding two hundred and fifty euro

(€250)".

28. In article 34 thereof, as renumbered, for the words

"four thousand and six hundred and fifty-eight euro and

seventy-five cents (4,658.75)" there shall be substituted

the words "four thousand and seven hundred and fifty euro

(€4,750)".

29. For article 35 thereof, as renumbered, there shall

be substituted the following

"35. If -

(a) any ship navigates without a pilot in

circumstances in which a pilot is to be engaged

under any of the provisions of this Act or any

regulations made thereunder, or

(b) the master of the ship refuses to comply

with any request made under this Act, or makes

or is privy to the making of any false statement

in answer to such request,

the master of such ship shall be guilty of an offence

and shall be liable, on conviction, to a fine (multa)

not exceeding four thousand and seven hundred and

fifty euro (€4,750).".

30. In article 36 thereof, as renumbered -

30.1 in sub-article (1) for the words "eleven

thousand and six hundred and forty-six euro and

eighty-seven cents (11,646.87)" there shall be

substituted the words "eleven thousand and seven

hundred and fifty euro (€11,750)"; and

30.2 for sub-article (2) there shall be

substituted the following

"(2) Any pilot who fails to comply with

the provisions of article 38 shall be guilty of an

offence and be liable, on conviction, to a fine

(multa) not exceeding one thousand and one

hundred euro (€1,100).".

31. In article 37 thereof, as renumbered, for the words

"any other person, or pilots" in the English text there shall

be substituted the words "any other person, or who pilots";

immediately after the words "of an offence and" in the

English text there shall be inserted the word "shall", and

for the words "eleven thousand and six hundred and forty-

six euro and eighty-seven cents (11,646.87)" there shall be

substituted the words "eleven thousand and seven hundred

and fifty euro (€11,750)".

32. In article 38 thereof, as renumbered, immediately

after the words "of an offence and" in the English text

there shall be inserted the word "shall", and for the words

"two thousand and three hundred and twenty-nine euro

and thirty-seven cents (2,329.37)" there shall be

substituted the words "two thousand and five hundred

euro (€2,500)".

33. In article 39 thereof, as renumbered, for the words

"articles 30 or 31" there shall be substituted the words

"articles 5 or 6", and for the words "one thousand and one

hundred and sixty-four euro and sixty-nine cents

(1,164.69)" there shall be substituted the words "one

thousand and two hundred euro (€1,200)".

34. In article 40 thereof, as renumbered, immediately

after the words "of an offence and" in the English text

there shall be inserted the word "shall", and for the words

"six thousand and nine hundred and eighty-eight euro and

twelve cents (6,988.12)" there shall be substituted the

words "seven thousand euro (€7,000)".

35. In article 41 thereof, as renumbered, for the words

"two thousand and three hundred and twenty-nine euro

and thirty-seven cents (2,329.37)" there shall be

substituted the words "two thousand and three hundred

euro (€2,300)".

36. In article 42 thereof, as renumbered, for the words

"eleven thousand and six hundred and forty-six euro and

eighty-seven cents (11,646.87)" there shall be substituted

the words "eleven thousand and six hundred euro

(€11,600)", and for the words "one thousand and one

hundred and sixty-four euro and sixty-nine cents

(1,164.68)" there shall be substituted the words "one

thousand and one hundred euro (€1,100)".

37. In article 43 thereof, as renumbered, for the words

"under article 8(3)" there shall be substituted the words

"under article 7(5) of the Authority for Transport in Malta

Act".

38. For the words "PART X" thereof there shall be

substituted the words "PART VI".

39. Articles 81 and 82 thereof shall respectively be

renumbered as articles 45 and 46.

40. In article 45 thereof, as renumbered -

40.1 in sub-article (1) thereof, for the words

"the Port Dues Ordinance and" there shall be

substituted the words "the Port Dues Ordinance,

before it was repealed or by the Malta Maritime

Authority Act before it was amended by the

Authority for Transport in Malta Act, and";

40.2 in sub-article (2) thereof, for the words

"repealed by this article shall, notwithstanding" there

shall be substituted the words "referred to in sub-

article (1), notwithstanding";

40.3 in sub-article (3) thereof, for the words

"repealed by this Act and still in force immediately

before such repeal, shall" there shall be substituted

the words "referred to in sub-article (1), and still in

force immediately before the coming into force of

this Act, shall"; and

40.4. sub-articles (4) and (5) in the Maltese text

shall be renumbered as sub-articles (2) and (3).

41. In article 46 thereof, as renumbered, for the words

"article 81" there shall be substituted the words "article

45".

42. In the Schedule -

42.1 for the words "(Articles 27 and 54)" there

shall be substituted the words "(Articles 3 and 30)";

42.2 in Part I thereof, immediately after the

words "the Government of Malta and the" there shall

be inserted the word "former".

1. In article 2 thereof -

1.1. the definitions "boat" and "master" shall

be deleted; and

1.2. for the definition "Malta Maritime

Authority" there shall be substituted the following

"the expression "Authority for Transport in

Malta" means the Authority for Transport in

Malta established under the Authority for

Transport in Malta Act;"

2. Articles 20 to 37 thereof shall be deleted.

3. Articles 224, 229, 230, 231, 235, 236, 237 and 238

thereof shall be deleted.

4. In articles 226 and 228 thereof, for the words "the

Malta Maritime Authority" there shall be substituted the

words "Authority for Transport in Malta".

1. In article 2 thereof the definition "Director" shall be

deleted and for the words "Executive Director" or

"Director" wherever they appear in regulations made

under the said Ordinance there shall be substituted the

word "Authority"

Provided that any definition of "Executive

Director" or "Director" in regulations made under the said

Ordinance shall be deleted.

2. For sub-article (1) of article 3 thereof there shall be

substituted the following

"(1) No person shall act as a port worker unless

he is registered as such with the Authority, for which

purpose the Authority shall keep a register.".

3. In the proviso to sub-article (3) of article 3 thereof

for the word "Director" there shall be substituted the word

"Authority".

4. In article 5 thereof for the word "Director",

wherever this word appears in this article, there shall be

substituted the word "Authority".

5. In paragraph (a) of sub-article (2) of article 9

thereof for the word "Director", wherever this word

appears in this paragraph, there shall be substituted the

word "Authority".

6. In paragraph (f) of sub-article (1) of article 11

thereof for the word "Director" there shall be substituted

the word "Authority".

7. In sub-article (1) of article 14 thereof for the word

"Director" there shall be substituted the word "Authority".

8. In paragraph (d) of article 17 thereof for the word

"Director" there shall be substituted the word "Authority".

1. In article 2 thereof -

1.1 for the definition “Authority” there shall

be substituted the following

" "Authority" means the Authority for

Transport in Malta established by the

Authority for Transport in Malta Act"; and

1.2 in the definition "ship" for the words

"pontoons and rigs" there shall be substituted the

words

"pontoons,

floating

establishments,

installations or structures, oil rigs"; and the words

"but not including vessels propelled by oars" shall be

deleted.

2. In article 41 thereof -

2.1 in sub-article (1) the word "(1)" shall be

deleted; and

2.2 sub-article (2) shall be deleted.

3. In article 168A thereof -

3.1 sub-articles (1), (2), (3), (4) and (5) shall

respectively be renumbered as sub-articles (2), (3),

(4), (5) and (6);

3.2 immediately before sub-article (2) as

renumbered there shall be added the following new

sub-article

"(1) Without prejudice to any other

interpretation that may be given, other than for

the purposes of this article, the terms "seaman",

"seamen"; "crew", "member of the crew",

"members of the crew", and "crew member"

shall include a master of a ship and any other

person serving on a ship.";

3.3 in sub-article (4) as renumbered, for the

words "sub-article (2)" there shall be substituted the

words "sub-article (3)"; and

3.4 in sub-article (5) as renumbered for the

words "sub-articles (2) and (3)" there shall be

substituted the words "sub-articles (3) and (4)".

4. In sub-article (1) of article 363 thereof, for the

words "There shall be a Registrar-General of Shipping and

Seamen whose office shall be held by an Executive

Director of the Authority, and" there shall be substituted

the words "There shall be a Registrar-General of Shipping

and Seamen to be appointed by the Authority".

5. In article 372C thereof, for the words "from time to

time determine" there shall be substituted the words "from

time to time determine, and differed equivalences may be

determined for different provisions of this Act or for

different provisions in regulations made under this Act".

6. In article 374 thereof -

6.1 sub-articles (4), (5) and (6) shall be

renumbered respectively as sub-articles (5), (6) and

(7); and

6.2 immediately after sub-article (3) there

shall be added the following new sub-article

"(4) The Minister may make regulations to

amend, substitute or delete all or any of the

provisions of sub-articles (4) to (8) of article 3,

and of articles 7, 10 to 35, and of articles 84A to

84Y of this Act.".

For article 1996A thereof there shall be substituted the

following

"1996A. (1) It shall be lawful for a creditor to

subordinate, postpone, waive or otherwise modify his

existing or future rights of payment, enforcement,

ranking and other similar existing or future rights in

favour of another person.

Such subordinatation, postponement, waiver,

modification or similar action may be made by

agreement with or by unilateral declaration to any

person, including another creditor, whether

determined or yet to be determined at the time of the

entry of such agreement or the making of such

declaration.

The words "creditor" and "person" as used in this

article shall include a class of creditors or a class of

persons, as the case may be, whether the members of

either such class are determinate or yet to be

determined.

(2) Notwithstanding that the right may arise

from a public deed, be registered in a public register

or be subject to any other formality, an agreement or

declaration as contemplated by this article shall be

valid and enforceable between the relevant parties if

made in writing without the need of any other

formality or registration

Provided that such agreement or declaration may

be registered by any party to such agreement and by

any maker of such declaration -

(a) at the ship registry by means of an

annotation,

(b) at the aircraft registry by means of an

annotation,

(c) in all other cases, at the Public

Registry by means of a note and in such case it

shall have effect in relation to third parties.

(3) Such

subordination,

postponement,

waiver, modification or other similar action in

respect of any existing or future rights may be

governed by a trust instrument in terms of which

rights of any persons, including creditors or debtors,

present or future, are regulated.

(4) Any agreement or declaration as referred

to in sub-article (1) hereof shall be valid and

enforceable in accordance with its terms, and shall

not be affected by the insolvency of any person

bound by or entitled under such agreement or

unilateral declaration or of the relevant debtor.".

For the words "in international waters on board a

passenger vessel registered in Malta" wherever they

appear in the Act, there shall be substituted the words "on

board a Maltese registered ship while this is not in the

internal waters of any country other than Malta".

1. In sub-article (1) of article 2 thereof -

1.1 the definition "body of persons" shall be

deleted;

1.2 for the definition "excise laws" there shall

be substituted the following

" "excise laws" means the Excise Duty

Act;"

1.3 the definition "income tax" shall be

deleted;

1.4 the definition "Income Tax Acts" shall be

deleted;

1.5 in the definition "licensed company" for

the words "article 11" there shall be substituted the

words "article 10"; and

1.6 the definition "person" shall be deleted.

2. In article 3 thereof -

2.1 for sub-article (1) thereof there shall be

substituted the following

"(1) The areas of Malta shown on the plan

in the Schedule shall, for all intents and purposes

of this Act and of any other law, constitute

Freeport zones."; and

2.2

sub-article (2) thereof shall be amended as

follows

(i) the first proviso thereof shall be

deleted;

(ii) in the second proviso thereof the word

"further" shall be deleted; and

(iii) in the third proviso in the English text,

for the words "Provided also" there shall be

inserted the words "Provided further".

3. In article 5 thereof -

3.1 sub-article (5) thereof shall be amended as

follows

(i) in paragraph (b) thereof, the word

"and" shall be deleted;

(ii) paragraph (c) thereof shall be

renumbered (d); and

(iii) immediately after paragraph (b) there

shall be inserted the following new paragraph

(c)

"(c) The Minister may by notice in

the Gazette -

(i) designate the Authority for

Transport in Malta to act as the

Authority,

(ii) make such other orders,

give such directions and make such

provisions as appear to him necessary

in connection with, or conducive to

the better conduct of, any such

designation, and

(iii) amend, substitute or revoke

any such order, direction or provision;

and"; and

3.2 for sub-article (6) thereof there shall be

substituted the following

"(6) (a) The Authority shall, not later than

six months after the end of each financial year,

cause a copy of its audited financial statements

to be sent to the Minister and the Minister

responsible for finance together with a copy of

the report of the auditor or auditors with respect

to such financial statements.

(b) The Authority shall, together with the

audited financial statements, make and transmit

to the Minister a report dealing generally with

the activities of the Authority during the

financial year containing such information

relating to the proceedings and policy of the

Authority as the Minister may, from time to

time, require.

(c) The Minister shall cause a copy of

every such report to be laid on the Table of the

House of Representatives as soon as

practicable.".

4. In article 6 thereof -

4.1 sub-article (1) thereof shall be amended as

follows

(i) immediately after the word "allocate"

in paragraph (c) thereof, there shall be inserted

the words "by title of lease, concession or similar

title";

(ii) for the first proviso to paragraph (c)

there shall be substituted the following proviso

"Provided that the Authority may not

by title of sale, perpetual emphyteusis or

temporary emphyteusis for a term that

exceeds, or may be made by the grantee to

exceed, fifty years, alienate any immovable

property situated within a Freeport."; and

(iii) the second proviso to paragraph (c)

shall be deleted.

4.2 Sub-articles (2) and (3) thereof shall be

deleted.

5. In article 7 thereof the words "for the purposes of

article 27" shall be deleted.

6. In article 8 thereof -

6.1 for the words "Provided that" in the

proviso to sub-article (1) thereof, there shall be

substituted the words "Provided that, without

prejudice to sub-article (1) of article 6,"; and

6.2 sub-articles (2) and (3) thereof shall be

deleted.

7. Article 9 thereof shall be deleted.

8. Articles 10 to 17 thereof shall be renumbered

respectively as articles 9 to 16.

9. In article 13 thereof as renumbered -

9.1 in sub-article (1) thereof for the words

"article 11" there shall be substituted the words

"article 10"; and

9.2 for sub-article (4) thereof there shall be

substituted the following

"(4) The Authority may permit any person

whomsoever to have access to and operate in a

Freeport, even if such person cannot, for any

reason whatsoever, be a licensed company for

the purposes of article 10 of this Act if, in the

opinion of the Authority it would be useful,

necessary or conducive to the better

development or functioning of a Freeport that

such person be granted such access and be

allowed to operate in the Freeport.".

10. In sub-article (1) of article 14 thereof as

renumbered the words "for the purposes of article 24 and"

shall be deleted.

11. In article 16 thereof as renumbered -

11.1 in paragraph (c) of sub-article (3) thereof,

for the words "article 11(1)" there shall be substituted

the words "article 10(1)"; and

11.2 in the proviso to sub-article (6) thereof,

for the words "article 10" there shall be substituted

the words "article 9".

12. Articles 18, 19, 20, 20A, 21, 22, 23 and 24 thereof

shall be deleted.

13. Articles 25 and 26 thereof shall be renumbered

respectively as articles 17 and 18.

14. Article 27 thereof shall be deleted.

15. Articles 29 to 35 thereof shall be renumbered

respectively as articles 20 to 26.

16. In article 20 thereof as renumbered -

16.1 in paragraph (a) of sub-article (1) thereof

for the words "article 11" there shall be substituted

the words "article 10";

16.2 in sub-article (2) thereof for the words

"articles 8, 9, 10,11 and 14" there shall be substituted

the words "articles 8, 9, 10 and 13" and for the words

"article 28" there shall be substituted the words

"article 19"; and

16.3 in paragraph (b) of sub-article (5) thereof

for the words "article 12(2)" there shall be

substituted the words "article 11(2)".

1. In article 2 thereof -

1.1 immediately after the definition "air

transport undertaking" there shall be inserted the

following new definition

" "Authority" means the Authority for

Transport in Malta as established by the

Authority for Transport in Malta Act;";

1.2. for the definition "Director" there shall be

substituted the following

" "Director General" means the Director

General responsible for Civil Aviation in

Malta;";

1.3 for the definition "European Union" there

shall be substituted the following

" "European Union" has the same meaning

as is given to it in the European Union Act;";

1.4 for the definition "Member State" there

shall be substituted the following

" "Member State" means a Member State

of the European Union;";

1.5 in the definition "Minister", for the words

"civil aviation" there shall be substituted the word

"transport";

1.6 the definition "tariff" shall be deleted;

1.7 the definition "the Treaty" shall be

deleted; and

1.8 sub-article (2) shall be deleted.

2. For article 3 thereof there shall be substituted the

following

"Appointment of Director General for Civil

Aviation.

3. (1) The Authority shall appoint a person to act

as Director General for Civil Aviation in Malta.

(2) The Director General shall implement the

strategies and objectives of the Authority and shall

act in accordance with the policies, strategies and

directives of the Authority.

(3) The Director General shall be subject to such

directions, decisions or other controls that the

Authority or its other designated officials may issue

from time to time and shall exercise such powers as

may be delegated to him by any law or regulation or

by the Authority.".

3. In sub-article (3) of article 4 thereof, for the words

"four hundred and sixty-five euro and eighty-seven cents

(465.87)" there shall be substituted the words "five

hundred euro (€500)".

4. In article 5 thereof -

4.1 in sub-article (1) thereof for the words

"two thousand and three hundred and twenty-nine

euro and thirty-seven cents (2,329.37)" there shall be

substituted the words "two thousand and five

hundred euro (€2,500)"; and

4.2 in sub-article (3) thereof for the words "by

article 3" there shall be substituted the words "or on

the Authority by any other law or regulation".

5. In article 7 thereof -

5.1 in sub-article (1) thereof, for the words

"the Director who" there shall be substituted the

words "the Authority which";

5.2 in sub-articles (3), (4), (5), (6) and (7)

thereof, for the word "Director" wherever it appears

there shall be substituted the word "Authority".

6. In article 8 thereof, for the word "Director"

wherever it appears there shall be substituted the word

"Authority".

7. In article 9 thereof, for the words "the Minister"

there shall be substituted the words "the Authority".

8. In article 10 thereof -

8.1 in sub-article (1) thereof, for the words

"four thousand and six hundred and fifty-eight euro

and seventy-five cents (4,658.75)" there shall be

substituted the words "four thousand and five

hundred euro (€4,500)"; and

8.2 in sub-article (2) thereof, for the words

"the Minister" wherever they appear there shall be

substituted the words "the Authority".

9. Part III thereof shall be deleted.

10. Part IV thereof shall be renumbered as Part III.

11. Articles 12, 13 and 14 thereof shall respectively be

renumbered as articles 11, 12 and 13.

12. Part V thereof shall be renumbered as Part IV.

13. Articles 15, 16 and 17 thereof shall respectively be

renumbered as articles 14, 15 and 16.

14. In article 15 thereof, as renumbered, for the words

"the Director" there shall be substituted the words "the

Director General".

15. Part VI thereof shall be renumbered as Part V.

16. Articles 18 to 22 thereof shall respectively be

renumbered as articles 17 to 21.

17. Subarticles (4) and (5) of article 17 thereof, as

renumbered, shall be deleted.

Passed by the House of Representatives at Sitting No. 140 of the 14th July,

2009. L OUIS G ALEA

Speaker

Clerk to the House of Representatives

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 4 Main policies and objectives. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Government shall determine Malta’s policies

and objectives in the transport sector and shall appropriate such funds

and provide such resources, as it considers necessary to achieve such

aims.

(2) The Government shall endeavour, through the Authority, to

achieve the following main objectives and policies

(a)

develop integrated transport policies aimed at

achieving modal shifts that favour public transport and non-

polluting strategies;

(b) ensure the development of an efficient and socially

sustainable public transport system in Malta;

(c)

promote the maritime and civil aviation facilities of

Malta and the registration of ships and aircraft under the

Maltese flag;

(d) promote policies that favour the development of

Malta as a maritime hub in the Mediterranean and as an entre-

port to the European Union;

(e)

encourage measures for the development of civil

aviation and ancillary services, and in particular of air transport

services of both passengers and cargo;

(f)

ensure that the administration, services and

operations of ports and yachting centres in Malta are more

efficient and cost-effective;

(g) provide a sound financial basis for the Authority to

be able to achieve target returns and investments; and

(h) standardise practices in the transport sector in Malta

in line with international norms and with those of the European

Union in particular.

PART III

ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS

OF THE AUTHORITY

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 5 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) There shall be established a body, to be known as the Establishment

Authority for Transport in Malta, to perform the functions assigned and

of the Authority

for Transport in

to it by or under this Act.

Malta.

(2) The Authority shall consist of a Chairperson and not less

than six and not more than ten other members.

(3) The members of the Authority shall be appointed by the

Minister for a term of one year or for such longer period as may be

specified in the instrument of appointment, but the members so

appointed may be re-appointed on the expiration of their term of

office.

(4) The Minister may designate one of the other members of

the Authority as Deputy Chairperson and the member so designated

shall have all the powers and perform all the functions of the

Chairperson during his absence or inability to act as Chairperson or

while he is on vacation or during any vacancy in the office of

Chairperson.

(5) A person shall not be qualified to hold office as a member

of the Authority if that person -

(a) is a Minister, Parliamentary Secretary or a member

of the House of Representatives or of the European Parliament,

or

(b)

is a judge or magistrate of the courts of justice; or

(c)

has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his functions as

a member of the Authority

Provided that the Minister may determine that the

person’s interest is not likely to affect the discharge of his

functions and upon such determination that person shall be

qualified to hold the office of member of the Authority provided

that the declared interest and the Minister’s determination are

published in the Gazette; or

(d)

is interdicted or incapacitated; or

(e)

is convicted of an offence affecting public trust, or

of theft or fraud, or of knowingly receiving property obtained by

theft or fraud or of bribery or of money laundering; or

(f)

is subject to disqualification under article 320 of the

Companies Act.

(6) Subject to the provisions of this article, the office of a

member of the Authority shall become vacant -

(a)

on the expiration of the member’s term of office; or

(b) if any circumstances arise that, if he were not a

member of the Authority, would cause him to be disqualified for

appointment as member.

(7) A member of the Authority may be removed from office

by the Minister if, in the opinion of the Minister, such member is no

longer suitable to continue in office.

(8) If the office of a member of the Authority is vacant or if a

member is for any reason unable to perform the functions of his

office, the Minister may appoint a person who is qualified to be

appointed to be a member to be a temporary member of the Authority;

and any person so appointed shall, subject to the provisions of sub-

articles (6) and (7), cease to be such a member when a person has

been appointed to fill the vacancy or, as the case may be, when the

member who was unable to perform the functions of his office

resumes those functions.

(9) Any member of the Authority who has any direct or

indirect interest in any contract made or proposed to be made by the

Authority or in any matter to be discussed or determined by the

Authority, not being an interest which disqualifies such member from

remaining a member, shall disclose the nature of his interest at the

first meeting of the Authority after the relevant facts have come to his

knowledge; such disclosure shall then be recorded in the minutes of

the Authority, and the member having an interest as aforesaid shall

withdraw from any meetings at which such contract is discussed. Any

such disclosure shall be communicated to the Minister without delay.

Where the interest of the member is such as to disqualify him from

remaining a member, he shall report the fact immediately to the

Minister and tender his resignation.

(10) A member of the Authority shall be paid out of funds at the

disposal of the Authority such remuneration and, or such amount in

respect of expenses as the Minister may determine.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 6 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1)

The Authority shall have the following functions Functions and

powers of the

and powers

Authority.

(a) to advise the Minister on the development of

transport policies applicable both at a national as well as at a

local level and that are proposed or have been adopted by the

Minister and to advise the Minister on all other matters

concerning its functions or regulated by this Act;

(b) to ensure that transport policies adopted by the

Minister are implemented and that local transport schemes are

in line with national transport policies and that no local

transport scheme is introduced without the approval of the

Authority;

(c)

to promote the transport facilities of Malta and in

particular the use of its ports and civil aviation facilities and the

registration under the Malta flag of aircraft, ships, boats, yachts

and vessels;

(d) to provide or secure or promote the provision of a

properly integrated, safe, economical and efficient transport

system within Malta and its internal and territorial waters, and

to regulate and control the provision of services related to such

system, including the establishment of schedules and time-

tables to be adopted for such services;

(e)

to develop the necessary strategy to achieve the

policies, strategies and objectives set by Government or by the

Authority and to determine the short term and long term

objectives for the performance of the functions of the Authority;

(f)

to licence and regulate any aircraft, boat, ship, yacht,

or vehicle and to regulate the use thereof;

(g) to provide, or secure or promote the provision of

such services and facilities as appear to the Authority to be

expedient in the performance of its functions, including the

power to provide for the accessibility of such services and

facilities by any person irrespective of by whom these are

provided;

(h) to provide or secure or promote the provision of

training for persons engaged or to be engaged in the transport

services and to promote the welfare of such persons;

(i)

to provide for the safe use of any aircraft, ship,

yacht, or vehicle and to ensure that the safety of the public in

general is protected through the making of such rules,

regulations and standards as may seem necessary to the

Authority in order to achieve this objective;

(j)

to compile and keep up-to-date records of such data

as it may deem appropriate in connection with its functions;

(k) to carry out or give effect to any international

convention or other international agreements relating to which

the Government is or intends to become a party;

(l)

to implement any European Community obligation

relating to any matter falling within its functions;

(m) to carry on all such activities not falling within the

functions or competence of another person, body or authority

according to law as may appear to the Authority to be requisite,

advantageous or convenient to be carried on for or in connection

with the performance of any of the other functions of the

Authority; and

(n) to perform any other function or duty, and to

exercise any power vested, in it by or pursuant to this Act or any

other law.

(2) The Authority shall have the power to

(a) grant, renew, refuse, suspend or revoke licences, and

to establish the conditions under which such licence may be

granted, renewed, refused, suspended or revoked and the fees

which may be payable in each case;

(b) prescribe the fees to be paid in respect of the issue,

validation, renewal, extension or variation of any certificate,

licence or other document or the undergoing of any examination

or test required by this Act or any regulations, directive or order

made thereunder and in respect of any other matters in respect

of which it appears to the Authority to be expedient for the

purpose of the Act, regulations, directive or order to charge

fees;

(c)

regulate the manner and conditions of the issue,

validation, renewal, extension or variation of any certificate,

licence or other document required by this Act or any

regulations, directive or order made thereunder, and as to the

form,

custody,

production,

cancellation, suspension,

endorsement and surrender of any such document;

(d) regulate the charges, fees or tariffs that may be

charged or made for the use of ports and aerodromes, and for the

use of any transport facility including different means of public

transport, and for services provided at such facilities;

(e)

appoint its officers or employees to supervise the

implementation of and, where necessary, to enforce this Act or

any regulations made thereunder or deemed to be made

thereunder;

(f)

establish codes of conduct for transport operators

and the operators of other services provided for hire or reward

which codes of conduct shall have the force of law after

publication in the Gazette;

(g) establish and impose, by regulations, tariffs, fees

and administrative penalties;

(h)

prohibit, control and otherwise regulate -

(i) the use by any person of any transport

facility, including ports and aerodromes;

(ii) the presence of any person, aircraft, ship,

boat, yacht, vehicle, cargo or goods within any transport

facility, including any port or aerodrome;

(i)

load or unload any aircraft or ship, boat, yacht or

vehicle in any aerodrome or port or road or wherever it may be;

(j)

direct where any ship shall be berthed, moored or

anchored in any port and the method of anchoring within the

port, or where any aircraft shall be parked in any airport and

method of parking within the airport;

(k) remove or order the removal of any ship from one

berth, station or anchorage to another in a port, and the time

within which such removal is to be effected, or remove or order

the removal of any aircraft from a parking space, and the time

within which such removal is to be effected;

(l)

regulate the movement of ships within or between

ports, or within the approaches to a port or within territorial

waters, and of aircraft in an airport in the same manner and as

may be applicable;

(m) carry on such business and other activities, do all

such things and enter into all such transactions as appear to the

Authority to be necessary, convenient or advantageous for it to

carry on or perform or enter into, for or in connection with the

discharge of its functions, or as appear to the Authority to be

incidental or conducive thereto; and

(n) to fund public transport services and infrastructure,

invest in transport systems and enter into negotiations and

arrangements with other persons to develop, improve,

coordinate and secure the provision of public transport services.

(3) The Authority may, with the consent of the Minister, take

part in the formation of a company, or enter into joint ventures or

partnerships for the purpose of fulfilling any of its functions.

(4) In carrying out its functions under this Act, the Authority

shall ensure that its strategy, policies and activities conform with the

aims and objectives of national economic planning from time to time

in force, general Government and Ministry directives and shall give

primary consideration to the impact of transport on the environment

encouraging polices of environmental sustainability, modal shifts and

passenger transport.

(5) The Authority may cause or authorise any of its officers or

employees to board any aircraft, ship, boat, yacht in port or outside

port, or any vehicle wherever it may be if it considers it necessary so

to do in the discharge of any function under this Act or under any

other law or if it considers that there are reasonable grounds to

believe that an offence against this Act, or against any other law, or

any regulation, rule, directive or order made thereunder, has been or

is about to be committed.

(6) The Authority may cause or authorise any of its officers or

employees, together with such workmen as may be necessary to -

(a)

enter on any land or building for the purpose of

erecting or maintaining any lighthouse or beacon or other

navigational aid for ships, or of examining, repairing, altering or

removing any such lighthouse, beacon or other aid, and there

remain for such reasonable time as may be necessary for such

purpose;

(b) erect and maintain lighthouses, or other aids as

aforesaid upon or in any land, building, wharf, pier, or the shore

or bed of the sea and alter or remove any such lighthouse,

beacon or other aid

Provided that

(i) the Authority shall as far as practicable give

notice to the occupier of any land or building upon which it

is intended to enter in exercise of the powers conferred by

this sub-article; and

(ii) the Authority in the exercise of the said

powers shall do as little damage as is practicable in the

circumstances and shall pay compensation for any damage

done and for the creation or requisition of any rights over

property.

(7) The Authority may, instead of using its officers or

employees to carry out any action sanctioned by this Act, decide to

authorize a contractor of the Authority to exercise such function and

in such cases the contractor of the Authority shall have such powers,

rights and obligations as an officer or employee of the Authority and

shall, for the purposes of this Act and any regulation or directive

made thereunder, be for all intents and purposes considered an

employee of the Authority.

(8) The Authority may require any person to provide it with

any information, including financial information, that the Authority

considers necessary for the purpose of ensuring compliance by that

person with the provisions of this Act, regulations prescribed

thereunder and decisions or directives made in accordance with this

Act or any other law which the Authority is entitled to enforce. Any

person who fails or refuses to provide such information shall be in

contravention of this Act and shall be liable to the imposition of an

administrative fine as may be prescribed by the Authority.

(9) Where any damage is done to any works, plant or

machinery in any aerodrome, port, transport facility or to any other

property of the Authority by an aircraft, ship boat, yacht or vehicle or

by any person engaged on any work on or about an aircraft, ship,

boat, yacht or vehicle the Authority may restrain such aircraft, ship,

boat, yacht or vehicle and shall thereupon notify the pilot, master,

driver, owner or agent of such aircraft, ship, boat, yacht or vehicle or

the agent or representative of such owner, to provide within the time

specified in the notice, sufficient security for the payment of the

damages so caused, and the aircraft, ship, boat, yacht or vehicle shall

not be released until the security is given.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 7 Powers and functions in connections with road transport and roads. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

Without prejudice to the powers and functions granted to

the Authority in terms of article 6, the Authority shall have the

following powers and functions specifically in connection with roads

and transport by road

(a) to regulate transport by road, the registration,

licensing and use of vehicles, the licensing of all commercial

operations connected with road transport, and to make provision

for any matter that is provided for under this Act in connection

with transport by road;

(b) to occupy, plan, design, construct, re-construct,

administer, maintain, repair and restore roads and to provide or

secure or promote the provision of the same and also to provide

or secure or promote the provision of services for such purposes

and to manage and control the necessary works, including the

planning and programming thereof and the planning and

programming for the rebuilding and restoration of the existing

roads

Provided that where the maintenance of any road is

the responsibility of a Local Council in terms of the Local

Councils Act, the maintenance of such road shall not, to the

extent of such responsibility, be the function of the Authority

unless an agreement to that effect is reached between the Local

Council and the Authority

Provided further that where a street or road is to be

formed by any other person in accordance with any other law, it

shall not be the function of the Authority to form such street or

road;

(c) to establish standards and specifications to be

maintained and complied with in the execution of any works

connected with roads and to do all such things as are necessary

or expedient to ensure adherence to such standards and

specifications by any Local Council or person who carries out

works on a road independently of who is responsible for that

road and for this purpose to set up regular programmes to verify

as well as to ensure the implementation of such standards and

specifications;

(d) without prejudice to any application that may need

to be made under the Development Planning Act, to act as the Cap. 356.

sole authority to grant permits for any work on any road;

(e) to grant rights of way on roads to persons or in

respect of;

(f)

to do all such things as are necessary or expedient

for the testing, registration and licensing of vehicles, owners of

vehicles, commercial operators of vehicles, drivers of vehicles,

or other persons connected with road transport;

(g) to ensure the provision of adequate, efficient and

environmentally friendly public transport systems and for this

purpose to either provide such services itself or enter into

contracts of service or other binding instruments with third

parties to provide such services;

(h) to do all such things as may be necessary for the

regulation, management, safety and control of road traffic both

at a national as well as at local level and for this purpose to

adopt strategies and standards that are benchmarked at a

European level;

(i)

to plan, install, construct and maintain bus stops,

fare stages, bus termini, taxi stands, karrozzini stands and other

commuter facilities, and to regulate the installation of bus

shelters;

(j)

to plan, design, regulate and authorize road traffic

signs or signals, road markings and traffic calming measures,

the installation of traffic control equipment and related lighting

equipment, the construction of road ramps, and the installation

of speed cameras and other road traffic facilities for the

purposes of traffic management and control;

(k) to provide and regulate parking places for motor

vehicles in public areas and streets, and to regulate and issue

licences to car park attendants; and

(l)

to establish weights, dimensions and equipment

requirements for motor vehicles.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 8 Powers and functions in connections with maritime affairs. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

Without prejudice to the powers and functions granted to

the Authority in terms of article 6, the Authority shall have the

following powers and functions specifically in connection with

maritime affairs and maritime transport -

(a) to regulate transport by sea, the registration,

licensing and use of boats, ships and yachts, the licensing of all

commercial operations connected with sea transport, the

construction, maintenance and licensing of ports and port

activities, yachting centres and other facilities connected with

sea transport and to make provision for any matter that is

provided for under this Act in connection with transport by sea;

(b) to regulate and control navigation within the limits

of any port and the approaches thereto;

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

fire-fighting services in ports, and the provision of pilotage and

moorage services to ships;

(d) to provide and maintain in Malta adequate and

efficient lighthouses, beacons and other lights, buoys and other

navigational aids and services at such places, including the

territorial waters of Malta, as the Authority may deem

appropriate;

(e) to provide, maintain, develop, improve and operate

ports in Malta and any of their facilities, and to provide,

maintain and operate therein and in the approaches thereto

adequate and efficient services, and facilities as it may from

time to time consider necessary or advantageous for the proper,

safe and efficient functioning of such ports or as the Authority

may otherwise deem it proper to provide in the public interest

and to clean and clear any port or the approaches thereto;

(f)

to provide and use or to ensure the provision and use

of ships, boats, yachts and vehicles and other means for the

salvage or protection of life and property;

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

necessities to ships and to exercise overall control of all port

work including the provision of port workers for port work;

(h) to promote and advance the skills of seafarers and of

persons employed in ports and in the maritime industry and the

efficiency of the equipment used therein;

(i)

without prejudice to the above, to provide or ensure

the provision of such other services and facilities as are in the

opinion of the Authority necessary for the operation of ports;

(j)

without prejudice to the provisions of any other law,

to exercise overall control for the preservation of good order in

the territorial and internal waters of Malta, in any port and in the

land and sea approaches to any port, and on wharves;

(k) to regulate, administer and control all matters

related to merchant shipping or provided for under the Merchant Cap. 234.

Shipping Act or any other related legislation and to provide all

services thereto;

(l)

without prejudice to any of the provisions of the

Merchant Shipping Act, to do all such things as are necessary Cap. 234.

and expedient for the testing, registration and licensing of boats,

ships and yachts, owners or commercial operators of the same,

seafarers, persons working in ports or other persons or facilities

connected with transport by sea;

(m) without prejudice to the provisions of the Cap. 348.

Environment Protection Act to prevent and control the pollution

of any port or the approaches thereto by oil or any other

substances; and

(n) to regulate, control, develop and promote the

yachting centres and to promote the maritime facilities of Malta.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 9 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

Without prejudice to the powers and functions granted to Powers and

the Authority in terms of article 6, the Authority shall have the functions

connections

following powers and functions specifically in connection with civil with

aviation.

aviation

(a) to ensure a safe operational environment in

accordance with the Convention on International Civil Aviation

done at Chicago on the 7th December 1944;

(b) to regulate transport by air, the registration,

licensing and use of aircraft, the licensing of all commercial

operations connected with air transport and service providers,

the construction, maintenance, licensing and inspection of

aerodromes and other facilities connected with air transport and

to make provision for any matter that is provided for under this

Act in connection with transport by air;

(c) to regulate air traffic management and airspace

design, including communications, navigation, surveillance,

airspace and air traffic management systems and procedures, as

well as aeronautical information services;

(d) to regulate all matters connected with civil aviation

and to coordinate with relevant civil aviation international

organizations and to promote international cooperation in civil

aviation;

(e) to register aircraft in Malta, to approve and appraise

the operational safety standard of locally registered airlines, and

to regulate, control, develop and promote the use of the civil

aviation facilities of Malta;

(f)

to prohibit aircraft from flying unless certificates of

airworthiness issued or validated are in force with respect to

them;

(g) to provide for access to aircraft factories for the

purpose of inspecting work therein carried on therein in relation

to aircraft or parts thereof and for prohibiting or regulating the

use of unlicensed aerodromes;

(h) to prohibit persons from engaging in, or being

employed in or in connection with, air navigation and to license

those employed at aerodromes in the inspection or supervision

of aircraft;

(i)

to regulate the conditions under which, and in

particular the aerodromes to or from which, aircraft entering or

leaving Malta may fly, and the conditions under which aircraft

may fly from one part of Malta to another;

(j)

to regulate the conditions under which passengers

and cargo may be carried by air and under which aircraft may be

used for other commercial, industrial or gainful purposes, and to

prohibit the carriage by air of goods of such classes as may be

specified in regulations or order;

(k)

to minimise or prevent interference with the use or

effectiveness of apparatus used in connection with air

navigation, and to prohibit or regulate the use of such apparatus

as aforesaid and the display of signs and lights liable to

endanger aircraft;

(l)

generally to secure the safety, efficiency and

regularity of air navigation and the safety of aircraft and of

persons and property carried therein, to prevent aircraft

endangering other persons and property and, in particular, to

detain aircraft for any of the purposes specified in this

paragraph;

(m) to require persons engaged in, or employed in or in

connection with, air navigation to supply meteorological

information for the purposes of air navigation;

(n) to license flight crew, air traffic controllers and

apron controllers and to monitor the conduct of their medical

examinations and to license aircraft maintenance engineers and

other aviation personnel;

(o) to regulate the making of signals and other

communications by or to aircraft and persons carried therein;

(p) to establish any ensign, and to regulate the use of

any ensign already established whether by regulations or order

or otherwise, for purposes connected with air navigation;

(q) to prohibit aircraft from flying over such areas in

Malta as may be specified in regulations or order;

(r)

to support and assist in the investigation of air

accidents and incidents.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 10 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Subject to the other provisions of this Act, the Conduct of the

affairs and business of the Authority shall be the responsibility of the affairs

Authority.

Authority, but save as aforesaid, the executive conduct of the

Authority, its administration and organisation and the administrative

control of its Directorates and of its officers and employees, shall be

the responsibility of the Chief Executive Officer of the Authority,

who shall also have such other powers as may from time to time be

delegated to him by the Authority.

(2) The Authority and each of the Directorates may exercise

any one or more of their functions or responsibilities either directly or

through any of their officers or employees authorised for the purpose,

or through a contractor or other person with whom agreement for the

performance of any one or more of such functions or responsibilities

has been entered into

Provided that nothing in this sub-article shall authorise the

Authority to contract out any of its regulatory or licensing functions.

(3) Where in this Act anything is to be done by or against or

with respect to the Authority, or any notice is to be or may be given to

the Authority, any such thing or notice may also be done by or against

or with respect to or be given to the Directorates under whose

jurisdiction the matter falls by reason of a delegation of function to

such Directorate; and for the purposes aforesaid any reference in this

Act to the Authority includes a reference to the appropriate

Directorate.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 11 Relations between the Minister and the Authority. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Policy making and the determination of policy

matters shall be the exclusive prerogative of the Minister. In the event

of disagreement between the Minister and the Authority whether or

not a particular matter is a matter of policy, the decision of the

Minister shall be final provided that the Authority may request that

the Minister delivers his decision in writing.

(2) A policy determination by the Minister shall only be

binding on the Authority if it is communicated to it in writing and is

signed by the Minister.

(3) Without prejudice to the above, the Minister may, from

time to time, give to the Authority directions, not inconsistent with

the provisions of this Act, to be followed by the Authority in the

carrying out of its functions under this Act, and the Authority shall, as

soon as practicable, give effect to all such directions.

(4) The Authority shall afford to the Minister facilities for

obtaining information with respect to its property, activities or any

other function or duty and furnish him with returns, accounts and

other information with respect thereto, and shall also afford to him

facilities for the verification of information furnished, in such manner

and at such times as he may reasonably require.

(5) If the Authority fails to comply with any directions issued

under this article, the Prime Minister may make an order transferring

to the Minister in whole or in part any of the functions of the

Authority in which case those functions may be exercised by the

Minister through the Chief Executive Officer of the Authority and

through its Directorates, officers and other employees.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 12 Legal personality and representation of the Authority. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Authority shall be a body corporate having a

distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any kind of property for the purposes of its

functions, of suing and being sued, and of doing all such things and

entering into all such transactions as are incidental or conducive to

the exercise or performance of its functions under this Act, including

the lending or borrowing of money.

(2) The legal representation of the Authority shall jointly vest

in the Chairperson and the Chief Executive Officer

Provided that the Authority may appoint any one or more

of its other members or any one or more of its officers or employees

to appear in the name and on behalf of the Authority in any judicial

proceedings and in any act, contract, instrument or other document

whatsoever.

(3) Any document purporting to be an instrument made or

issued by the Authority and signed by the Chairperson or by the Chief

Executive Officer or by a head of the Directorate in relation to any

matter delegated to him on behalf of the Authority shall be received

in evidence and shall, until the contrary is proved, be deemed to be an

instrument made or issued by the Authority.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 13 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The meetings of the Authority shall be called by the Provisions with

Chairperson, as often as may be necessary but at least once a month, respect

proceedings of

either on his own initiative or at the request of any four of the other the Authority.

members of the Authority.

(2) Half the number of members for the time being

constituting the Authority shall form a quorum. Decisions shall be

adopted by a simple majority of the votes of the members present and

voting. The Chairperson, or in his absence the Deputy Chairperson or

other person appointed to act as chairperson, shall have an initial vote

and, in the event of an equality of votes, a casting vote. Without

prejudice to the other requirements of this Act, no decision shall be

valid which is not supported by at least three members of the

Authority where the Authority consists of six members other than the

Chairperson or by at least four members where the Authority consists

of more than six members other than the Chairperson.

(3) Subject to the provisions of this Act, the Authority may

regulate its own procedure.

(4) Subject to the foregoing provisions of this article, an act or

proceeding of the Authority shall be valid notwithstanding any

vacancy among its members.

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

member of the Authority shall be valid as if he were a member

notwithstanding that some defect in his appointment or qualification

be afterwards discovered. No act or proceeding of the Authority shall

be questioned on the ground of the contravention, by a member, of the

provisions of article 5(9).

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 14 Establishment of Directorates. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) There shall be established the Directorates

designated in the First Schedule which shall have the respective

responsibilities described in the same Schedule. The Minister may,

after consulting the Authority, by regulations amend the said

Schedule whereby any one or more of the said Directorates may be

abolished, or their responsibilities varied or such other Directorates,

as the Minister may from time to time deem appropriate may be

established.

(2) The Authority shall in writing vest in the Directorates

established under sub-article (1) and subject to the overall supervision

and control of the Authority and of the Chief Executive Officer, such

of its functions as relate or are ancillary to the matters for which they

are responsible as will enable the said Directorates to give effect to

the strategies, policies and directives of the Authority and to

otherwise discharge effectively and efficiently the functions of the

Authority in their respective areas of operation.

(3) Each of the Directorates established under sub-article (1)

shall be headed by a person having adequate experience or knowledge

in the respective area of operation who shall either be a public officer

detailed for duty with the Authority or any employee of the Authority,

or a person detailed to work for the Authority in accordance with an

agreement made between the Authority and a public or private

undertaking.

(4) The heads of the Directorates shall be appointed by the

Authority following approval by the Minister for a period of three

years which may be extended for further periods of three years each.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 15 Appointment of Chief Executive Officer. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Authority shall appoint a Chief Executive

Officer following the approval of the Minister. Such appointment

shall be for a period of three years which may be extended for further

periods of three years each.

(2) The Chief Executive Officer shall attend all the meetings

of the Board but shall not vote at such meetings

Provided that the Authority may if it so deems fit, require

the Chief Executive Officer not to attend any of the meetings or any

part of a meeting.

(3) The Chief Executive Officer shall be responsible for the

implementation of the objectives of the Authority in the exercise of

its functions and without prejudice to the generality of the foregoing

shall -

(a) assume full responsibility for the overall supervision

and control of the Directorates;

(b) with the approval of the Authority, assign to the

Directorates such duties which are by, or in accordance with, the

provisions of this Act vested in such Directorates;

(c)

co-ordinate the workings of the Directorates;

(d) develop the necessary strategies

for

the

implementation of the objectives of the Authority;

(e)

advise the Authority on any matter it may refer to

him or on any matter on which he considers his advice

necessary or expedient; and

(f)

carry out such other functions and duties as the

Authority may assign to him from time to time.

(4) The Chief Executive Officer shall not hold any other office

or position without the consent of the Authority.

(5) The Chief Executive Officer may be dismissed by the

Authority at any time for a just cause and it shall be a just cause if the

Authority determines that he has not achieved the targets and

objectives set for him by the Authority.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 16 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Authority shall establish an Audit Committee Audit

with written terms of reference, which clearly lay down the authority, Committee.

responsibilities, and duties of such committee.

(2) (a)

The Audit Committee shall meet as frequently as

necessary but at least six times a year.

(b) Meetings of the Audit Committee shall be chaired

by the Deputy Chairperson of the Authority, or in his absence, by

such member of the Authority as may be designated for such purpose

by the Chairperson of the Authority.

(c)

The members of the Audit Committee shall be

appointed on such terms and conditions as may be determined by the

Authority.

(3) Without prejudice to the generality of the provisions of

sub-article (1), the Audit Committee shall have the following

functions

(a)

to provide oversight of the systems of internal

control and risk management of the Authority and to assist and

support the Authority in discharging its responsibilities in

relation thereto;

(b) to provide the communication link with external

auditors and to evaluate and coordinate the audit and financial

reporting process of the Authority;

(c)

to scrutinize and evaluate any transaction to be

entered into by the Authority with a value exceeding two

hundred and fifty thousand euro (€250,000); and

(d) to review and assess the effectiveness of the

management of the Authority in its compliance with policies

and in the discharge of its regulatory and compliance functions;

(e)

to manage all the most important risks undertaken

by the Authority.

(4) The Audit Committee shall report directly to the Authority

at least once every six months and at any such times as may be

directed by the Authority.

PART IV

OFFICERS AND EMPLOYEES OF THE AUTHORITY

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 17 Staff appointments. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Subject to the provisions of the Constitution, any

other enactment applicable thereto, and without prejudice to the other

provisions of this Act, the employment and appointment of officials

and other employees of the Authority shall be made by the Authority

and the terms and conditions of their employment and appointment

shall be established by the Authority with the concurrence of the

Minister.

(2) The Authority may, with the approval of the Minister given

after consultation with the Minister responsible for finance, establish

a scheme or schemes, whether by contributory or non-contributory

arrangements or partly by one and partly by the other, for the payment

of pensions, gratuities and other like benefits to its officers and

employees on their retirement, death or injury, or to their dependants.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 18 Disclosure of interests. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Where the Chief Executive Officer or a member of

the staff of the Authority, or a consultant, advisor or other person

engaged by the Authority, has any interest in, or material to, any

matter which falls to be considered by the Authority, he shall -

(a)

disclose to the Authority the nature of his interest at

the first meeting of the Authority after such interest is acquired

or in advance of any consideration of the matter, whichever is

the earlier;

(b) neither influence nor seek to influence a decision in

relation to such matter; and

(c)

take no part in any consideration of such matter.

(2) Where a question arises as to whether or not a course of

conduct, if pursued by a person, would constitute failure by him to

comply with the requirements of sub-article (1), the question shall be

determined by the Authority and the decision and its motivation shall

be recorded in the minutes of the meeting during which the decision

was taken.

(3) Where a disclosure is made to the Authority pursuant to

sub-article (1), particulars of the disclosure shall be recorded in the

minutes of the relative meeting.

(4) Where a person to whom sub-article (1) applies fails to

make the required disclosure, the Authority shall decide the

appropriate action to be taken which may include the removal from

office or termination of the contract of the person concerned.

(5) Save as may be otherwise required or permitted for the

purposes of this Act, or in the course of a prosecution for an offence

committed against any of the provisions of this Act or of any other

law or of any regulations made thereunder, the Authority and its staff

shall, in carrying out their functions or duties under this Act, be

bound by the provisions of the Professional Secrecy Act and shall not Cap. 377.

divulge any information about any applicant or any benefits granted

to any applicant without the prior written consent of such applicant or

as otherwise permitted by law.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 19 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Authority shall appoint and employ, at such Appointment

remuneration and upon such terms and conditions as it may, in and

officers and

accordance with article 17, determine, such officers and employees of employees

the Authority.

the Authority as may from time to time be necessary for the due and

efficient discharge of the functions of the Authority.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 20 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Prime Minister may, from time to time, direct Detailing of

that any public officer shall be detailed for duty with the Authority in public

for duty with the

such capacity and with effect from such date as may be specified in Authority.

the Prime Minister’s direction.

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

apply to any officer specified therein, shall, unless the officer retires

from the public service, or otherwise ceases to hold office at an earlier

date, or unless a different period is specified in such direction, end on

the happening of any of the following events, that is to say

(a) the acceptance by such officer of an offer of transfer

to the service of, and permanent employment with, the

Authority made in accordance with the provisions of article 22;

or

(b) the revocation of such direction by the Prime

Minister, in relation to such officer

Provided that in relation to a public officer detailed for

duty with the Authority with effect from such date as the Prime

Minister may in a direction as aforesaid establish, the detailing of

such public officer shall cease to have effect after one year from the

effective date of such direction, unless the direction is revoked earlier

by the Prime Minister.

(3) Where a direction as aforesaid is revoked by the Prime

Minister in relation to any officer, the Prime Minister may, by further

direction, detail such officer for duty with the Authority in such

capacity and with effect from such date as may be specified in the

Prime Minister’s direction, and the provisions of sub-article (2) shall

thereupon apply to the period of duration of such detailing by any

such further direction in relation to such officer.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 21 Status of public officers detailed for duty with the Authority. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Where any public officer is detailed for duty with

the Authority under any of the provisions of article 17, such officer

shall, during the time in which such direction has effect in relation to

him, be under the administrative authority and control of the

Authority but he shall for all intents and purposes remain and be

considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a)

shall not during the time in respect of which he is so

detailed -

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

department of the Government in accordance with the

terms and conditions of service attached to the

appointment held by him under the Government on the

date on which he was so detailed for duty; or

(ii) receive remuneration and be subject to

conditions of service which are less favourable than those

attached to the appointment under the Government held by

him on the date aforesaid or which would have become

attached to such appointment, during the said period, had

such officer not been detailed for duty with the Authority;

and

(b) shall be entitled to have his service with the

Authority considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the Pensions Cap. 93.

Ordinance and the Widows’ and Orphans’ Pensions Act and for Cap. 58.

the purpose of any other right or privilege to which he would

have been entitled, and liable to any liability to which he would

have been liable, but for the fact of his being detailed for duty

with the Authority.

(3) Where an application is made as provided in sub-article

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and

gratuities earned by an officer detailed for duty with the Authority as

aforesaid during the period in which he is so detailed.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 22 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Authority may, with the approval of the Prime Offer of

Minister, offer permanent employment with the Authority to any permanent

employment

officer detailed for duty with the Authority under any of the with

Authority to

provisions of article 20 at remuneration and on terms and conditions public officers

not less favourable than those enjoyed by such officer on the date of detailed

with the

such offer.

Authority.

(2) The terms and conditions of any permanent employment

offered by the Authority under the provisions of sub-article (1) shall

not be deemed to be less favourable merely because they are not in all

respects identical or superior to those enjoyed by the officer

concerned on the date of such offer, if such terms and conditions,

taken as a whole, in the opinion of the Prime Minister offer

substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered to him under the provisions of sub-article (1) shall,

for all purposes other than those of the Pensions Ordinance and of the Cap. 93.

Widows’ and Orphans’ Pensions Act, and saving the provisions of Cap. 58.

article 41 of this Act, be deemed to have ceased to be in service with

the Government and to have entered into service with the Authority

on the date of his acceptance, and for the purposes of the said

Ordinance and of the said Act, so far as applicable to him, service

with the Authority shall be deemed to be service with the Government

within the meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue

to be so entitled to benefit thereunder to all intents as if his service

with the Authority were service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and

gratuities earned by an officer who has accepted permanent

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

(6) In the case of a public officer detailed for duty with the

Authority with effect from the date established under the proviso to

article 20(2)(b) and who subsequently accepts permanent

employment with the Authority the foregoing provisions shall apply

subject to the following provisions of this article.

(7) For the purposes of the Pensions Ordinance the

pensionable emoluments on retirement of any public officer to whom

sub-article (6) applies shall be deemed to be the pensionable

emoluments payable to an officer in Government service in a grade

and at an incremental level corresponding to the post occupied and

incremental level on the date on which the officer retires from the

Authority.

(8) (a)

For the purposes of this article, posts and salary

grades with the Authority shall be classified in the most nearly

corresponding grades and incremental levels in the service under the

Government by reference to job description, skills, responsibilities

and other analogous factors.

(b) The classification referred to in paragraph (a) shall

be carried out by a board composed of a chairperson appointed by the

Ministry responsible for finance and two other members, one

appointed by the Ministry responsible for personnel policies in

general in the public service and one appointed by the Authority. The

classification shall be subject to the final approval of the Minister

responsible for finance.

(c)

Such classification shall take place within three

months of any adjustment of salaries of employees in Government

service and, or of employees of the Authority.

(d) No post shall be classified in a grade higher than that

of a Grade 3 in the service of the Government or such other grade that

the Minister responsible for finance may from time to time by notice

in the Gazette determine.

(e) Without prejudice to article 113 of the Constitution,

no person may, following a classification as aforesaid, be entitled to

rights under the said Pensions Ordinance less favourable than those to Cap. 93.

which he would have been entitled prior to such classification.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 23 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Authority may engage such consultants or advisers, as Engagement of

it may consider necessary to assist it in the fulfilment of its functions. consultants

advisers.

PART V

FINANCIAL PROVISIONS

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 24 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Without prejudice to the following provisions of this Authority to

article, the Authority shall so conduct its affairs that the expenditure meet

expenditure out

required for the proper performance of its functions shall, as far as of revenue.

practicable, be met out of its revenue.

(2) For the purposes of sub-article (1) the Authority shall levy

all fees, rates and other payments prescribed or deemed to be

prescribed by or under this Act or any other law providing for matters

falling under the powers and functions vested in the Authority by or

under this Act.

(3) The Authority shall also be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works to be

continued or otherwise carried out by the Authority, being

infrastructural works or works of a similar capital nature.

(4) Subject to such directives as the Minister may give from

time to time after consultation with the Minister responsible for

finance, any excess of revenue over expenditure shall be applied by

the Authority to the formation of reserve funds to be used for the

purposes of the Authority. Without prejudice to the generality of the

power of the Minister to give directives under this sub-article, any

directive given by the Minister as aforesaid may order the transfer to

the Government, or the application in such manner as may be

specified in the direction, of any part of the fees, rates and other

payments levied in accordance with sub-article (2).

(5) Any funds of the Authority not immediately required to

meet expenditure may be invested in such manner as may from time

to time be approved by the Minister.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 25 Power to borrow or raise capital. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) For the purpose of carrying out any of its functions

under this Act, the Authority may, with the approval in writing of the

Minister given after consultation with the Minister responsible for

finance, borrow or raise money in such manner, from such person,

body or authority, and under such terms and conditions as the

Minister, after consultation as aforesaid, may in writing approve.

(2) The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying out

its functions under this Act

Provided that for any amount in excess of one million euro

(€1,000,000) there shall be required the approval of the Minister in

writing.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 26 Advances from Government. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Authority of

such sums as he may agree to be required by the Authority for

carrying out any of its functions under this Act, and may make such

advances on such terms and conditions as he may, after consultation

as aforesaid, deem appropriate. Any such advance may be made by

the Minister responsible for finance out of the Consolidated Fund,

and without further appropriation other than this Act, by warrant

under his hand authorising the Accountant General to make such

advance.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 27 Borrowing from Government. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Minister responsible for finance may, for any

requirements of the Authority of a capital nature, contract or raise

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate; and any sums due in respect

of or in connection with any such loan or liability shall be a charge on

the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the foregoing provisions of this article shall be given

to the House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in

sub-article (1), or for the purpose of providing the Authority with

working capital, the Minister responsible for finance may, by warrant

under his hand, and without further appropriation other than this Act,

authorise the Accountant General to make advances to the Authority

out of the Treasury Clearance Fund under such terms as may be

specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to

the Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the

"Transport Regulation Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority by way of repayment of advances made to the Authority

under sub-article (3) shall be paid into the Treasury Clearance Fund

and sums received by the Accountant General by way of interest on

such advances shall be paid into the Consolidated Fund.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 28 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Authority shall cause to be prepared in every Estimates of the

financial year, and shall not later than four weeks before the end of Authority.

such year adopt, estimates of the income and expenditure of the

Authority for the following financial year distinguishing, in

particular, between each of such Directorates as may be established

under the provisions of this Act

Provided that the estimates for the first financial year of

the Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shall

take account of any funds and other monies that may be due to be

paid to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or of an appropriation Act or of

any other law; and the Authority shall so prepare the said estimates as

to ensure that the total revenues of the Authority are at least sufficient

to meet all sums properly chargeable to its revenue account,

including, but without prejudice to the generality of that expression,

depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparisons with previous years

as the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith to the Minister and to the Minister

responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from the

Authority, approve the same with or without amendment after

consultation with the Minister responsible for finance.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 29 Expenditure to be according to approved estimates. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) No expenditure shall be made or incurred by the

Authority unless provision therefor had been made in the estimates

approved as provided in article 28.

(2) Notwithstanding the provisions of sub-article (1) -

(a) until the expiration of six months from the

beginning of a financial year, or until the approval of the

estimates for that year by the House, whichever is the earlier

date, the Authority may make or incur expenditure for carrying

on its functions under this Act not exceeding in the aggregate

one-half of the amount approved for the preceding financial

year;

(b) expenditure approved in respect of a head or sub-

head of the estimates may, with the approval of the Minister

given after consultation with the Minister responsible for

finance, be made or incurred in respect of another head or sub-

head of the estimates;

(c)

in respect of the first financial year, the Authority

may make or incur expenditure until the approval of the

estimates for that year not exceeding in the aggregate such

amounts as the Minister responsible for finance may, after

consultation with the Minister, allow;

(d) if in respect of any financial year it is found that the

amount approved in the estimates is not sufficient or a need has

arisen for expenditure for a purpose not provided for in the

estimates, the Authority may adopt supplementary estimates for

approval by the Minister and in any such case the provisions of

this Act applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 30 Publication of approved estimates. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of the estimates and

supplementary estimates of the Authority, or if at any time during that

period the House of Representatives is not in session, within eight

weeks from the beginning of the next following session, cause such

estimates to be laid on the Table of the House of Representatives.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 31 Accounts and audit. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Authority shall cause to be kept proper accounts

and other records in respect of its operations, and shall cause to be

prepared a statement of accounts in respect of each financial year.

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

auditor or auditors to be appointed by the Authority and approved by

the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts of

the Authority to be audited or examined by the Auditor General who

shall for the purpose have the power to carry out such physical

checking and other verifications as he may deem necessary.

(3) The Authority shall not later than three months after the

end of each financial year cause a copy of the statement of accounts

duly audited to be transmitted to the Minister and to the Minister

responsible for finance together with a copy of any report made by

the auditors on that statement or on the accounts of the Authority.

(4) The Minister shall cause a copy of every such statement

and report to be laid before the House as soon as practicable.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 32 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) All monies accruing to the Authority shall be paid Deposit of

into a bank or banks appointed as bankers of the Authority by a revenues

payments by the

resolution of the Authority. Such monies shall, as far as practicable, Authority.

be paid into any such bank from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority, shall

be made by such officer or officers of the Authority as the Authority

shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account

of the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose and

shall be countersigned by the Chairperson or such other member or

officer of the Authority as may be authorised by the Authority for that

purpose.

(4) The Authority shall also make provision with respect to -

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid, and the

transfer of funds from one account to the other;

(c)

the method to be adopted in making payments out of

funds of the Authority, and generally with respect to any matter

which is relevant to the proper keeping and control of the

accounts and books, and the control of the finance, of the

Authority.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 33 Contracts of supply or works. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

Without prejudice to any directions communicated by the

Minister under article 11(2), the Authority shall not award or enter

into any contract for the supply of goods or materials or for the

execution of works, or for the rendering of services, to or for the

benefit of the Authority, except in accordance with regulations in

force regulating the procurement of all goods and services in the

public sector.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 34 Annual report. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Authority shall, not later than three months after the

end of each financial year, make and transmit to the Minister and to

the Minister responsible for finance a report dealing generally with

the activities of the Authority during that financial year,

distinguishing, in particular, between each of such Directorates as

may be established under the provisions of this Act and containing

such information relating to the proceedings and policy of the

Authority as either of the said Ministers may from time to time

require. The Minister shall cause a copy of every such report to be

laid on the Table of the House as soon as practicable.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 35 Exemption from taxation. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Authority shall be exempt from any liability for the

payment of income tax and stamp duty under any law for the time

being in force.

PART VI

TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY

36.(1) (a) The property and undertakings owned by the Malta

Maritime Authority or by the Malta Transport Authority or by the

Civil Aviation Department and used by any one of them immediately

before the date of the coming into force of this Part of this Act, or

owned by the Government and used by any of the said Authorities or

by the said Department before the said date, for the operation of any

of the functions which by this Act are being transferred to or vested in

the Authority shall, on the date aforesaid, by virtue of this Act and

without further assurance, be transferred to and vested in the

Authority under the same title by which they were used or held by

Malta Maritime Authority or the Malta Transport Authority or the

Civil Aviation Department immediately before the said date.

(b) The immovable assets from time to time specified in

an Order made by the President of Malta and published in the Gazette

(hereinafter referred to as "the immovable assets") being immovable

assets which immediately before the coming into force of the Public

Transport Authority (Amendment) Act, 2000, were owned by the

Government and used by it for the exercise of any of the functions

which by this Act are being transferred to or vested in the Authority

shall, with effect from such day as may be specified in any such

Order, and by virtue of this Act and without any further assurance be

transferred to and vested in the Authority under the same title by

which they were held by the Government before such day.

(2) The transfer and vesting in the Authority as aforesaid shall

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

prejudice to the generality aforesaid, shall include all plant,

equipment, apparatus, instruments, vehicles, ships, craft, wharves,

quays, piers, jetties, buildings, structures, installations, land, roads,

works, stocks and other property, movable or immovable, assets,

powers, rights and privileges and all things necessary or ancillary

thereto which are held or enjoyed in connection therewith or

appertaining thereto, as well as all obligations affecting or relating to

any of the aforesaid property or undertakings or other thing included

therein as aforesaid

Provided that in respect of aerodromes, roads, wharves,

quays, piers and jetties the transfer and vesting in the Authority as

aforesaid shall not extend to the ownership thereof but shall be

limited to their use, administration and operation including any

benefit deriving from such use, administration and operation, subject

to the obligation of the Authority to maintain, to the extent that such

maintenance is not the responsibility of Local Councils in terms of

the first proviso to article 6(4)(b), and keep all such property, and for

the purposes of articles 37 and 38 such property shall be deemed to be

included in the properties transferred to the Authority by or under this

Act.

(3) The Minister may by Order in the Gazette from time to

time vest in the Authority any land held by the Government in order

that the Authority may construct any aerodrome, road, port, wharve,

quay, pier or jetty thereon, and the provisions of the proviso to sub-

article (2) shall apply to any land so vested by the Minister under this

sub-article.

Gazzetta tal-Gvern ta' Malta — Att 2009 15 — ATT DWAR L-AWTORITÀ G}AT-TRASPORT F’MALTA ARRAN{AMENT TAL-ATT Artikoli Taqsima I Preliminari u {enerali
Art. 36 Trasferiment ta’ assi lill- Awtorità. — ATT DWAR L-AWTORITÀ G}AT-TRASPORT F’MALTA ARRAN{AMENT TAL-ATT Artikoli Taqsima I Preliminari u {enerali Open official source

(1) (a) Il-proprjetà u l-impri\i li huma tal-Awtorità

Marittima ta’ Malta jew tal-Awtorità dwar it-Trasport ta’ Malta jew

tad-Dipartiment tal-Avjazzjoni ~ivili u li kienu qeg]din jintu\aw

minn xi wie]ed jew wa]da minnhom minnufih qabel id-data tal-bidu

fis-se]] ta’ din it-Taqsima ta’ dan l-Att, jew li huma tal-Gvern u

huma u\ati minn xi wa]da mill-imsemmija Awtoritajiet jew mill-

imsemmi Dipartiment qabel l-imsemmija data, g]at-t]addim ta’ xi

wa]da mill-funzjonijiet li b’dan l-Att qeg]din ji[u trasferiti lil jew

vestiti fl-Awtorità g]andhom, fid-data hawn aktar qabel imsemmija,

bis-sa]]a ta’ dan l-Att u ming]ajr ebda sigurtà o]ra, ji[u hekk

trasferiti lil u vestiti fl-Awtorità ta]t l-istess titolu li bih kienu u\ati

jew in\ammu mill-Awtorità Marittima ta’ Malta jew mill-Awtorità

dwar it-Trasport ta’ Malta jew mid-Dipartiment tal-Avjazzjoni ~ivili

minnufih qabel id-data msemmija.

(b) L-assi immobbli li minn \mien g]al \mien ikunu

spe`ifikati f’ordni mag]mul mill-President ta’ Malta u pubblikat fil-

Gazzetta (hawnhekk i\jed ’il quddiem imsej]a ''l-assi immobbli'') li

jkunu assi immobbli li minnufih qabel id-data tal-bidu fis-se]] tal-Att

tal-2000 li jemenda l-Att dwar Awtorità dwar it-Trasport ta’ Malta

kienu proprjetà tal-Gvern u li huwa kien ju\a biex je\er`ita xi wa]da

mill-funzjonijiet li b’dan l-Att qeg]din ji[u trasferiti lil jew vestiti fl-

Awtorità g]andhom b’se]] minn dik id-data li tista’ ti[i spe`ifikata

f’xi Ordni b]al dak, u bis-sa]]a ta’ dan l-Att u ming]ajr ebda sigurtà

o]ra ji[u trasferiti lil jew ji[u vestiti fl-Awtorità ta]t l-istess titolu li

bih huma kienu n\ammu mill-Gvern qabel id-data msemmija.

(2) It-trasferiment u l-g]oti lill-Awtorità kif hawn aktar qabel

imsemmija g]andhom jestendu g]al dik il-proprjetà u dawk l-

impri\i kollha u, ming]ajr pre[udizzju g]all-[eneralità hawn

aktar qabel imsemmija, g]andhom jinkludu kull impjant,

tag]mir, apparat, strumenti, vetturi, vapuri, in[enji, xtut, mollijiet,

piers, bankini, bini, strutturi, stallazzjonijiet, art, toroq, xog]lijiet,

]a\niet u proprjetà o]ra, sew mobbli, sew immobbli, assi,

setg]at, jeddijiet u privile[[i u kull ]a[a me]tie[a jew

an`illari g]alihom jew li tkun lilhom tappartjeni, kif ukoll kull

obbligu li jolqot jew ikollu x’jaqsam ma’ xi proprjetà jew impri\a

minn dawk hawn aktar qabel imsemmija jew ]a[a o]ra hemm

inklu\a kif imsemmi aktar qabel

I\da fir-rigward ta’ ajrudromi, toroq, xtut, mollijiet, piers u

bankini, l-imsemmija trasferiment u g]oti lill-Awtorità kif hawn aktar

qabel imsemmija ma jestendux g]all-proprjetà tag]hom i\da jkunu

limitati g]all-u\u, amministrazzjoni u t]addim tag]hom, inklu\ kull

benefi``ju li jinkiseb minn dak l-u\u, amministrazzjoni u t]addim,

bla ]sara g]all-obbligu tal-Awtorità li tag]mel manutenzjoni, safejn

dik il-manutenzjoni ma tkunx ir-responsabbiltà tal-Kunsilli Lokali

skont l-ewwel proviso g]all-artikolu 6(4)(b), u \\omm kull proprjetà

b]al dik, u g]all-finijiet tal-artikoli 37 u 38 dik il-proprjetà g]andha

titqies li tkun inklu\a f’kull proprjetà trasferita lill-Awtorità b’dan l-

Att jew ta]tu.

(3) Il-Ministru jista’ b’Ordni fil-Gazzetta minn \mien g]al

\mien ivesti fl-Awtorità kull art li l-Gvern ikollu sabiex l-Awtorità

tkun tista’ tibni xi ajrudrom, triq, port, xatt, moll, pier jew bankina

fuqha, u d-disposizzjonijiet tal-proviso g]as-subartikolu (2)

g]andhom japplikaw g]al kull art hekk vestita mill-Ministru ta]t dan

is-subartikolu.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 37 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Subject to other provisions of this Act, all laws, Construction of

rules, regulations, orders, judgements, decrees, awards, deeds, bonds, laws, etc.

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

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

properties or undertakings transferred to the Authority by or under

this Act and in which the Government or a government authority is a

party thereto or is named therein shall have full force and effect

against or in favour of the Authority, and shall be enforceable freely

and effectually, in such manner as if instead of the Government or

governmental authority the Authority has been named therein or had

been a party thereto, and otherwise in substitution of the Government

or governmental authority.

(2) Any reference in any law to the Malta Transport Authority

or the Public Transport Authority or the Malta Maritime Authority or

the Civil Aviation Department shall be read and construed as a

reference to the Authority as so defined in article 2 and shall include a

reference to any Directorate established under this Act, as the case

may require.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 38 Transitory provisions. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Anything relating to any of the properties or

undertakings or any right or liability transferred to the Authority by or

under this Act which has been commenced by or under the authority

of the Government, the Malta Maritime Authority or the Malta

Transport Authority or the Civil Aviation Department before the date

of the coming into force of this Part of this Act may continue to be

carried on and completed by or as authorised by the Authority on or

after such date.

(2) Where immediately before the date of the coming into

force of this Part of this Act there are still pending any legal

proceedings relating to any of the properties or undertakings, or to

any right or liability, transferred to the Authority by or under this Act

and to which the Government, the Malta Maritime Authority or the

Malta Transport Authority or the Civil Aviation Department is or is

entitled to be a party, the Authority shall, as from the date aforesaid,

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

aforesaid Authorities or Department, as the case may be, or shall be

made a part thereto in like manner as the Government, any such

Authority or Department could have become a party as aforesaid, and

such proceedings shall not abate by reason of the substitution.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Authority by this Act and securing and giving full

effect to the transfer of any property or undertaking or any right or

liability to the Authority by this Act and make such orders as may be

necessary to make any powers and duties exercisable by the

Government, the Malta Maritime Authority or the Malta Transport

Authority or the Civil Aviation Department in relation to any of the

transferred property or undertakings exercisable by or on behalf of

the Authority.

PART VII

MANAGEMENTCOMMITTEES

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 39 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Minister may, after consultation with the Appointment

Authority, by Order published in the Gazette and with effect from and

management

such date or dates as may be laid down in such Order, appoint in committees.

respect of any Directorate that may have been established under this

Act, a Management Committee consisting of a Chairperson and such

other members named in the Order. The Committee shall have such

executive and, or advisory powers as may be laid down in the Order

that may be determined by the Minister after consultation with the

Authority.

(2) The members of the Management Committee shall hold

office for such period and on such terms and conditions as the

Minister may determine in the Order aforesaid.

(3) The provisions of sub-articles (5)(a), (6) and (9) of article

5 shall mutatis mutandis apply to the members of the management

committees.

(4) Each Management Committee shall keep minutes of all its

meetings and shall forward copies of such minutes to the Authority,

The provisions of article 13 shall mutatis mutandis apply to the

committee and its acts or proceedings.

PART VIII

ADMINISTRATIVE REVIEW TRIBUNAL

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 40 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Administrative Review Tribunal established by Right of appeal.

article 5 of the Administrative Justice Act shall be competent to hear Cap. 490.

and determine

(a) appeals made by any person aggrieved by any

decision of the Authority not to grant or renew, or to suspend or

to revoke a licence, or to impose conditions, limitations or

exclusions therein or therefore; and

(b) appeals made by any person aggrieved by an

administrative or any other penalty imposed on that person by

the Authority.

(2) Any proceedings which immediately before the coming

into force of this article are pending before the Transport Appeals

Board established under the Malta Transport Authority Act shall, with Cap. 332.

effect from the 1 st September 2009, be assigned to the Administrative

Review Tribunal mentioned in this article for decision and thereafter

shall be regulated by the provisions of Part III of the Administrative

Justice Act.

(3) There shall be a right of appeal in accordance with the

provisions of Part IV of the Administrative Justice Act from decisions

of the Administrative Review Tribunal under sub-article (1) or (2)

and such appeal shall be to the Court of Appeal (Inferior

Jurisdiction).

PART IX

MISCELLANEOUS

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 41 Persons deemed public officers. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The members of the Authority, the members of the

Management Committees and all officers and employees of the

Authority shall be deemed to be public officers or employees within

the meaning of the Criminal Code.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 42 Licensing of activities. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) Save as may otherwise be prescribed, no person

shall carry out or be engaged in any commercial air, sea or road

transport operation or undertaking, or carry out any commercial

activity or operation providing services to such an undertaking or

operation, unless such person is in possession of a licence, permit or

other authorisation issued by the Authority under this Act.

(2) Any person who carries out or is engaged in any such

operation, undertaking or activity without a licence or who acts in

breach of any condition of such licence, shall be guilty of an offence

and shall be liable on conviction to a fine (multa) of -

(a)

not less than €25 but not exceeding €50,000 with

regards to road transport offences,

(b) not less than €25 but not exceeding €150,000 for

maritime transport offences,

(c) not less than €1,500 but not exceeding €250,000 for

offences relating to civil aviation,

or to imprisonment for a term not exceeding twenty four months, or

to both such fine and imprisonment.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 43 Power to make regulations. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Minister may, after consultation with the

Authority, make regulations in respect of any of the functions of the

Authority and in connection with any matter relating to transport by

road, sea or air.

(2) Without prejudice to the generality of sub-article (1) such

regulations under this article may, in particular with respect to road

transport and vehicles, provide -

(a) for the registration of motor vehicles or other

vehicles and the grant, renewal, transfer, suspension and

cancellation of licences in respect of motor vehicles or other

vehicles, the drivers thereof, public transport employees, car

hire garages, transport of passengers or goods for hire or

reward, and for such other licenses in connection with motor

vehicles or other vehicles and the users thereof as may be

necessary;

(b) for providing for the manner in which application

for the grant, renewal or transfer of licences or of any one or

more classes thereof is to be made; for the contents of such

application, for the manner in which such licences are to be

granted, renewed or transferred, the form in which such licences

are to be issued, the contents thereof and the manner in which

renewals or transfers thereof are to be indicated;

(c)

for fixing the duration of the validity of licences or

of any one or more classes thereof;

(d) for making provision to ensure that licences or any

one or more classes thereof will lapse on a specified day or on

specified days;

(e)

for prescribing that any one or more classes of

licensees shall wear such distinctive badges as may be specified,

for determining the fees payable in respect of such badges and

for making other provisions in respect thereof;

(f)

for prescribing the services which must be given by

a public transport vehicle, the time, manner and conditions in

which or under which such services are to be given and the

place from which orders, agreements or other arrangements for

such services are to be given or made, and for requiring the

distribution among the owners of public transport vehicles, or of

such part thereof as may be prescribed in the regulations, of all

fares, fees and other receipts collected by them, in the manner,

terms and conditions prescribed in the regulations;

(g) for the construction, equipment, condition and

maintenance of motor vehicles or other vehicles and their

periodical examination by official experts;

(h) for the classification of motor vehicles or other

vehicles according to their use as approved by the Authority;

(i)

for ordering inside motor vehicles or other vehicles

the display of any information;

(j)

for prescribing the registers to be kept by licensees

of public transport vehicles, and the information to be supplied

by such licensees;

(k) for the control, restriction or prohibitiong the

passage or stopping of motor vehicles or other vehicles through

or on any road, street, lane, square or other places of public

thoroughfare;

(l)

for pedestrian crossings and for the restriction or

control of the movement of pedestrians in, through or across any

road, street or other places of public thoroughfare;

(m) generally for the control or the use of motor vehicles

or other vehicles on the road and for the regulation of traffic of

motor vehicles or other vehicles;

(n) for the management and supervision of public

transport services and for the maintenance and enforcement of

discipline on those services;

(o) for the conditions of work in public transport

services for the protection of the welfare of public transport

employees;

(p) for establishing the fees leviable in respect of the

grant, renewal or transfer of licences or of any one or more

classes thereof, either by direct determination or by reference to

the manner in which such fees are to be reckoned; and to make

provision for fees leviable in respect of broken periods

Provided that regulations under this paragraph may

establish the minimum and the maximum of any fee leviable in

respect of licences or of any one or more classes thereof, and in

such case the fee leviable in each particular case shall be fixed

by and in the discretion of the Authority;

(q) for making provision in respect of the refund of fees

or part thereof paid under the provisions of this Act or of any

regulations made thereunder;

(r)

for prescribing a tariff of fares in respect of public

transport vehicles and services;

(s)

for establishing the fees for the provision of any

service or the management of a service by the Authority or by

any person on its behalf or under its authority, including,

without prejudice to the generality of the foregoing, any fees or

other charges for any service in connection with the regulation

of any activity by the Authority;

(t)

for the making of any deposit or the giving of any

guarantee to ensure the performance of any obligation by any

person imposed as a condition of any permit, authorisation or

licence under this Act;

(u) for the regulation of public transport and the

transport of goods in general, including the making of codes of

practices to be observed in any matter by persons involved in

such activities;

(v) for the powers and duties of officers, employees and

or of contractors appointed by the Authority.

(3) Without prejudice to the generality of sub-article (1)

regulations under this article may, in particular with respect to

maritime matters, provide for the maintenance, control and

management of the territorial and inland waters of Malta, for the

conveyance of passengers and transport of goods by sea, for the

management of any port or yachting centre and the land and sea

approaches to any port or yachting centre and for the maintenance of

good order therein and in particular, but without prejudice to the

generality of the foregoing, may provide for all or any one or more of

the following purposes

(a)

the preservation of good order in any part of the

territorial and inland waters of Malta, in any port and the land

and the sea approaches to any port, and on wharves, and for any

other purpose in respect thereof;

(b) regulating traffic within the limits of a port or the

land and sea approaches thereto;

(c)

regulating the use of berths, stations and anchorages

to be occupied by ships and the removal of ships from one berth,

station or anchorage to another, and the time within which such

removal is to be effected;

(d)

regulating ships while taking in or discharging

crews, passengers, cargo or ballast, as the case may be, or while

taking in fuel or stores;

(e)

keeping free passages of such width as is deemed

necessary, within any port and along, on or near to piers, jetties,

landing places, wharves, quays, docks, moorings and similar

works in or adjoining the same or similar places, and for

marking out the places so to be kept free;

(f)

regulating, controlling, and prohibiting the presence

of any person in any place or building in a port or the use by any

person of any such place or building;

(g) regulating the anchoring, fastening, mooring and

unmooring and warping of ships and the use of warps, mooring,

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

(h) regulating traffic, preventing obstruction and

keeping order on any areas, piers, jetties, landing places,

wharves, quays and docks in a port or its land and sea

approaches and for ensuring the safety of any of the places and

works aforesaid;

(i)

regulating the use of fires and lights and the signals

to be used by day and by night and the measures to be taken in

case of fire in a port;

(j)

regulating the use of navigation lights or signal

lights by ships, the use of flags and signals by ships arriving at,

lying in or departing from a port and the use by ships of steam

whistles, steam sirens and other like instruments;

(k) prohibiting chipping, scaling, engine runs and

repairs on ships, as the case may be, except at such anchorages

or places as the Authority may appoint;

(l)

regulating the floating of any object in any port or

the approaches to a port and the casting or depositing of any

dead body, ballast, rubbish or other thing into the territorial and

inland waters of Malta, or into any port or the approaches

thereto;

(m) defining dangerous, hazardous, inflammable,

explosive or offensive goods, regulating the movements and

berthing of ships carrying such goods and prescribing the duties

of masters of any such ship and of persons engaged in or

supervising the loading, unloading, landing and transport of any

such goods;

(n) the prevention, removal and marking of any

obstruction in any port and the approaches thereto and the

prevention and control of pollution by oil and other substances,

or in any other way, of any port and the approaches thereto;

(o) regulating the placing and maintaining of moorings

and buoys in any port;

(p) the taking of measures for preventing ships from

leaving any port if over-loaded, improperly loaded, improperly

found, or if otherwise unseaworthy, subject to any provisions of

any law relating to merchant shipping;

(q) the protection of ships, passengers and cargo, and

the removal of ships and their cargoes and appurtenances which

obstruct or are likely to obstruct any port, the reimbursement of

expenses in connection therewith, and the levy and recovery of

a rent for permitting a hulk or wreck or wreckage to lie in any

port or the approaches thereto;

(r)

regulating, declaring and defining the wharves,

quays, docks, piers and places in the ports, from or on which

persons shall be embarked or disembarked and goods loaded or

unloaded;

(s)

regulating the manner in which and the conditions

under which the loading and unloading of ships, and the

lighterage, handling and warehousing of goods, including the

delivery of goods from a warehouse, shall be carried out;

(t)

regulating the use of warehouses, wharves, quays,

docks, piers and other places in ports on or from which goods

are loaded or unloaded and the conduct of persons taking part in

the loading or unloading of goods on or from a ship in any port;

(u) requiring and regulating the issue of a licence to a

person to be a ship agent, the conditions under which such

licence is issued and the levying of a fee for the issue of such

licence, and otherwise regulating and controlling the activities

of ship agents and persons representing owners of ships in so far

as such activities relate to ships which may be or have been in a

port;

(v) regulating the manner in which ships left idle in a

port in excess of such time as may be allowed by the Authority

or practically or wholly unattended or insufficiently manned

may be dealt with or disposed of;

(w)

regulating any of the following

(i) the disposal of perishable or unclaimed goods

found in any port;

(ii) the prohibition of smoking in any part of any

port or approaches thereto;

(iii) the sale of goods in any part of any port;

(x) regulating matters concerning porters, carriers and

other labourers to be employed within the precincts of a port,

the issue of licences for the performance of such occupation and

any matter concerning the discipline of such personnel

Provided that the service of luggage porters shall be

subject to the supervision and control of the Authority

Provided further that no responsibility shall attach to

the Government or to the Authority for any loss or damage

caused during the embarking, disembarking or transhipment of

any luggage by any licensed luggage porter;

(y) providing for the grant, renewal, cancellation and

suspension of licences in relation to ships used for the

conveyance of passengers and transport of goods by sea;

(z)

providing for the establishment and regulation of

fares that may be charged for the conveyance of passengers and

transport of goods by sea;

(aa) without prejudice to the requirements under the

Merchant Shipping Act, providing for additional requirements

in relation to the regulation and licensing of drivers of ships

engaged in the conveyance of passengers and transport of goods

and other persons employed in the operation of such ships;

(bb) after consultation with the Malta Communications

Authority, to regulate any aspect relating to the use of radio

communications by merchant ships;

(cc) prescribing anything that may or is to be prescribed

under this Act or which relates to any function or duty of the

Authority assigned to it by or under this Act or by or under any

other law.

(4) In order to achieve further the purposes of this Act with

respect to civil aviation matters, the Minister may by regulation or

order make such provision as appears to him to be requisite or

expedient -

(a) for carrying out or giving effect to any international

convention or other international agreements relating to civil

aviation to which the Government is or intends to become a

party;

(b)

generally for regulating air navigation;

(c)

for prescribing or making provision for any matter

that is to be or may be prescribed under this Act or under the

Civil Aviation Act;

(d) for implementing any European Community

obligation in matters relating to air transport or civil aviation;

(e)

as to the registration of aircraft and aircraft

mortgages in Malta;

(f)

for prohibiting aircraft from flying unless

certificates of airworthiness issued or validated under the

regulations or order are in force with respect to them and except

upon compliance with such conditions as to maintenance or

repair as may be specified in the regulations or order;

(g) for the licensing, inspection and regulation of

aerodromes, for access to aircraft factories for the purpose of

inspecting work therein carried on in relation to aircraft or parts

thereof and for prohibiting or regulating the use of unlicensed

aerodromes;

(h) for prohibiting persons from engaging in, or being

employed in or in connection with, air navigation in such

capacities as may be specified in the regulations or order except

in accordance with provisions in that behalf contained in the

regulations or order, and for the licensing of those employed at

aerodromes in the inspection or supervision of aircraft;

(i)

as to the conditions under which, and in particular

the aerodromes to or from which, aircraft entering or leaving

Malta may fly, and as to the conditions under which aircraft may

fly from one part of Malta to another;

(j)

as to the conditions under which passengers and

goods may be carried by air and under which aircraft may be

used for other commercial, industrial or gainful purposes, and

for prohibiting the carriage by air of goods of such classes as

may be specified in the regulations or order;

(k) for minimizing or preventing interference with the

use or effectiveness of apparatus used in connection with air

navigation, and for prohibiting or regulating the use of such

apparatus as aforesaid and the display of signs and lights liable

to endanger aircraft;

(l)

generally for securing the safety, efficiency and

regularity of air navigation and the safety of aircraft and of

persons and property carried therein, for preventing aircraft

endangering other persons and property and, in particular, for

the detention of aircraft for any of the purposes specified in this

paragraph;

(m) for requiring persons engaged in, or employed in or

in connection with, air navigation to supply meteorogical

information for the purpose of air navigation;

(n) for regulating the making of signals and other

communications by or to aircraft and persons carried therein;

(o) for establishing any ensign, and for regulating the

use of any ensign already established whether by the regulations

or order or otherwise, for purposes connected with air

navigation;

(p) for prohibiting aircraft from flying over such areas

in Malta as may be specified in the regulations or order;

(q) as to the manner and conditions of the issue,

validation, renewal, extension or variation of any certificate,

licence or other document required by the regulations or order

(including the examinations and tests to be undergone), and as

to the form, custody, production, cancellation, suspension,

endorsement and surrender of any such document;

(r)

for regulating the charges that may be made for the

use of aerodromes and for services provided at such

aerodromes;

(s)

for prescribing the fees to be paid in respect of the

issue, validation, renewal, extension or variation of any

certificate, licence or other document or the undergoing of any

examination or test required by the regulations or order and in

respect of any other matters in respect of which it appears to the

Minister to be expedient for the purpose of the regulations or

order to charge fees;

(t)

for exempting from the provisions of the regulations

or order or any of them any aircraft or persons or classes of

aircraft or persons.

(5) Regulations or orders under sub-article (4) may, for the

purpose of securing compliance with the provisions thereof, provide

for the imposition of penalties not exceeding a fine (multa) of one

hundred thousand euro (€100,000) or a penalty of more than one

thousand and five hundred euro (€1,500) for each day that the offence

persists and imprisonment for a term nod exceeding six months, and,

in the case of any provision having effect by virtue of sub-article

(4)(l), may also for that purpose provide for the taking of such steps

(including firing on aircraft) as may be specified in the regulations or

order.

(6) Regulations or orders under this article may, for the

purpose of the proper implementation and enforcement thereof,

provide for the granting of the power to the Authority to enter and

search any premises, to have access to any relevant document in any

form, to require any person to supply any relevant information, to

carry an on-site inspection, to issue an order to any person to cease

from doing any thing which constitutes an infringement of this Act or

of any regulation or order made thereunder and to demand from any

person an undertaking to desist from doing any such thing and to

publish any such undertaking and any decision of the Authority

related to the said regulations or orders.

(7) Generally, the Minister may also make regulations

providing for the discipline of the employees of the Authority or of

the contractor, whether regular or casual, and the procedures to be

followed for such purpose, including the appointment of a

disciplinary board and the conduct and procedure thereof, and

providing for the punishments that may be awarded by such board.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 44 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

Without prejudice to any other special provision of this Power of

Act, the Minister may, after consultation with the Authority, make Minister

make

regulations prescribing penalties for criminal offences against any regulations

respect of

regulations made under this Act, and such regulations may

criminal

offences.

(a) prescribe imprisonment and different fines (multi)

for different offences;

(b)

prescribe fines (multi) calculated in accordance with

the duration of the commission of the offence

Provided that any such regulations as may be made

shall not provide for

(i) imprisonment for more than eighteen months,

or a fine (multa) of more than one hundred thousand euro

(€100,000); or

(ii) one thousand and five hundred euro (€1,500)

each day during which the offence persists.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 45 Scope of regulations or orders. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

Regulations or orders made under this Act may make

different provisions with respect to different classes of aircraft,

aerodromes, ports, ships, boats, yachts, persons or property connected

thereto or with respect to different circumstances and with respect to

different parts of Malta.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 46 Refusal to grant or to renew, suspend or revoke a licence. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Authority may refuse to grant or renew a

licence or, at any time, suspend a licence for a specified period or

revoke it.

(2) The Authority may refuse to grant a licence if it is

satisfied, on reasonable grounds, that -

(a) the applicant has supplied information in or in

connection with the application for the licence that was false or

misleading, or

(b) the applicant has contravened any provision of this

Act or of any other Act regulating road transport and traffic or

regulations thereunder.

(3) The Authority may refuse to renew a licence if it is

satisfied, on reasonable grounds, that the licensee -

(a)

supplied information in or in connection with the

application for the renewal of the licence that was false or

misleading, or

(b) has contravened any provision of this Act or of any

other Act regulating road transport and traffic or regulations

thereunder,

(c)

is no longer a fit and proper person to provide a

service for which such person is licensed.

(4) Where the Authority is satisfied that a licensee has been

guilty of misconduct in the course of providing a service or has

contravened any provision of this Act or of any other Act regulating

transport and traffic or regulations thereunder, it may suspend the

licence for a specified period or revoke the licence.

(5) Where the Authority proposes to refuse to grant or renew a

licence, or to suspend or revoke a licence, it shall notify the applicant

or licensee of its proposal, giving the reasons for such refusal,

suspension or revocation, and shall consider any representations that

are made to it in writing by the applicant or licensee within fourteen

days after the said notification.

(6) If the Authority, having considered any such

representations, decides to refuse to grant or renew a licence or to

suspend or revoke it, it shall notify the applicant or licensee of the

decision and the ground leading to such suspension or revocation and

of the procedure for appealing against it.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 47 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The Authority shall have the power to impose in Administrative

respect of any person who infringes any provisions of this Act or of penalties.

any regulations made thereunder, or who fails to comply with any

directive or decision given by the Authority, an administrative fine

using such procedures as may be established in this Act or regulations

made thereunder.

(2) An administrative fine imposed under sub-article (1) shall

not exceed one hundred thousand euro (€100,000) for each

contravention or one thousand five hundred euro (€1,500) for each

day of non-compliance, from the date of the decision of the Authority.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 48 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Minister may exempt from the provisions of this Act Exemption by

or any regulations, directive or order made thereunder, or from any of Minister.

them, any aircraft or ship, boat or yacht or persons or classes of

aircraft, ship, boat or yacht or persons.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 49 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

(1) The words "Malta Maritime Authority" wherever Savings.

they may occur in any law or regulation shall be substituted by the

words "Authority for Transport in Malta" without the need of any

further amendment.

(2) The words "Malta Transport Authority" wherever they

may occur in any law or regulation shall be substituted by the words

"Authority for Transport in Malta" without the need of any further

amendment.

(3) For the words "Executive Director", "Executive

Directors", "Director" and "Directors", wherever they may occur in

regulations made under the Malta Maritime Authority Act, there shall Cap. 352.

be substituted the word "Authority" and any definition of "Executive

Officer", "Executive Directors", "Director" and "Directors" in

regulations made under the same Act shall be deleted.

(4) Any order, rule, regulation, bye-law, notice or other

instrument having the force of law made under the authority of any of

the provisions of the enactments listed in the Second Schedule shall

continue in force and shall continue to have effect as if made under

this Act and may be amended, substituted or revoked accordingly.

(5) Any licence, permission, authority or order granted or

made under any of the provisions of the enactments listed in the

Second Schedule and still in force immediately before the date of

coming into force of this Act shall as from such date continue in force

as if it were a licence, permission, authority or order granted or made

under a corresponding provision of this Act, and any such licence,

permission, authority or order as aforesaid shall be treated and dealt

with accordingly.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 50 Exemption from liability. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The members, officers and employees of the Authority in

the performance of their functions under this Act or under any other

law administered by the Authority, shall not be liable for any loss or

damage suffered by any person by reason of anything done or omitted

to be done in good faith in the course of the administration of this Act

or of any other law.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 51 Repeal of the Malta Transport Authority Act. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The Prime Minister, after consultation with the Minister,

may with effect from such date as may be established by notice in the

Gazette repeal the Malta Transport Authority Act and different dates

may be so established for the revocation of different provisions

thereof.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 52 Amendment of other enactments. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

The enactments in the First Column of the Third Schedule

shall have effect subject to the amendments appearing relative thereto

in the Second Column of the said Schedule.

Malta Government Gazette — Act 2009 15 — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the
Art. 53 Reprint. — ACT No. XV of 2009 AN ACT to provide for the establishment of a body corporate to be known as the Authority for Transport in Malta which will assume the functions previously exercised by the Malta Maritime Authority, the Malta Transport Authority and the Open official source

Without prejudice to any other law, in any reprint of this

Act, the Third Schedule need not be reproduced and it shall be

sufficient to reproduce Parts I to IX and the First and Second

Schedules of this Act

Provided that nothing in this article shall be construed as

reducing the validity of anything contained in the Third Schedule not

so reproduced.

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