ACT No. XLIII of 2016 AN ACT to make provision for the establishment of the Lands Authority, to regulate such activities and to provide for matters ancillary or incidental thereto or connected therewith.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

5th August, 2016

ACT No. XLIII of 2016

AN ACT to make provision for the establishment of the Lands

Authority, to regulate such activities and to provide for matters

ancillary or incidental thereto or connected therewith.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Lands Authority Act,

2016. (2) This Act shall come into force on such date as the Minister

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

established for different provisions or different purposes of this Act.

(3) A notice under sub-article (2) may make such transitional

provisions as appear to the Minister to be necessary or expedient in

connection with the provisions thereby brought into force.

In this Act unless the context otherwise requires, the

following expressions have the meaning hereby assigned to them

"agency of Government" means a body corporate established by

law and a company in which the Government or such body corporate,

or a combination thereof, has a controlling interest or which is a

subsidiary of such a company;

"auditor" is a holder of a practising certificate to practise in the

field of auditing;

"Authority" means the Lands Authority established under article

5 and includes any body or other person acting on its behalf under

powers delegated by the Authority under this Act, and the Minister

may, by order in the Gazette, designate different bodies or persons as

a competent authority for different provisions and different purposes

of this Act or any regulations made thereunder;

"Board" means the Board of Governors of the Authority

established by article 10;

"Chairperson" means the Chairperson of the Board of Governors

who shall be the Chairperson of the Authority appointed in terms of

article 10;

"days" means calendar days;

"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;

"functions" includes responsibilities, powers and duties;

"Gazette" means the Government Gazette;

"land" includes a building and also land which has been formed

following land reclamation and also the sea and the seabed;

"local council" means a local council established under the

Local Councils Act;

"Minister" means the Minister or Parliamentary Secretary under

whose portfolio the Authority is included;

"Prime Minister" means the Prime Minister of Malta and

includes any person authorised by the Prime Minister;

"policy" means a policy approved in accordance with the

provisions of this Act;

"public officer" has the meaning assigned to it by article 124 of

the Constitution;

"regulation" means a regulation made under article 58.

It shall be the duty of the Government to optimise land

resources and its building resources for the economic and social

development of Malta, through a comprehensive sustainable land use

and property use system, and to that effect

(a)

ensuring the best use of Government land;

(b) providing an effective and reliable land management

system, including the issuance and guarantee of land titles and

geo-spatial demarcation of land; and

(c)

enabling the full use of land and building

information for better land and property management and the

creation of new business opportunities.

The provisions of article 3 shall not be directly enforceable

in any court, but, notwithstanding that, the principles therein

contained are fundamental to the Government of Malta and these

principles shall be employed in the interpretation of the other

provisions of this Act or of any other law relating to matters governed

by this Act.

There shall be a body to be known as the Lands Authority,

the business of which shall be carried out by a Board composed of a

chairperson and not less than nine and not more than eleven members.

(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 borrowing of money.

(2) The legal and judicial representation of the Authority shall

vest in the Board

Provided that the Board may appoint any one or more of its

members or any one or more of the officers or employees of the

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

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

whatsoever

Provided further that in respect of any matter falling within

the functions vested in a Directorate, the legal and judicial

representation of the Authority shall also vest in the Chief Officer of

the Directorate or in such other member, officer or employee of the

Authority, as the Board may appoint or authorise for the purpose.

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

issued by the Authority and signed by the Chairperson of the Board,

or such other member of the Board or officer of the Authority as may

by the Board, in accordance with sub-article (2), be vested with the

legal representation 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.

(1) The Authority shall be the principal means whereby Functions and

scope of the

the Government shall implement its duties under this Act.

Authority.

(2) Without prejudice to any other power or function conferred

to it by this Act or any other law, it shall be the function of the

Authority

(a) to succeed and perform in the functions which were

previously assigned to the Commissioner of Land under the

provisions of the Commissioner of Land Ordinance or any other Cap. 169.

law or subsidiary legislation and to perform and succeed in the

assets, rights, liabilities and obligations of the Commissioner of

Land under the provisions of the Commissioner of Land

Ordinance or any other law or subsidiary legislation to the

extent that the Minister may prescribe by regulations under this

Act;

(b) to succeed and perform in the functions which were

previously assigned to the Government of Malta under the

provisions of the Land Acquisition (Public Purposes) Cap. 88.

Ordinance, Land (Compulsory Eviction) Act, the Disposal of Cap. 228.

Government Land Act, the Administration of Lands Act or any Cap. 448.

other law or subsidiary legislation and to perform and succeed

in the assets, rights, liabilities and obligations of the

Government of Malta under the provisions of the Land

Acquisition (Public Purposes) Ordinance, Land (Compulsory

Eviction) Act, the Disposal of Government Land Act, the

Administration of Lands Act, or any other law or subsidiary

legislation to the extent that the Minister may prescribe by

regulations under this Act;

(c)

to administer in the most ample of manners and

make best use of all the land of the Government of Malta and all

land that form part of the public domain such as the coastal

perimeter, foreshores, harbours, quays, wharfs, pontoons,

portbeaches, landing places, berthing places, waterways,

aqueducts, lakes, natural springs, cliffs, valleys, public squares,

streets, alleys, lanes, access routes to other public places

including those leading to the coastal perimeter, woods, parks,

areas of ecological or environmental importance and sites of

cultural, social or historical importance;

(d) to perform any other functions as may from time to

time be assigned to it by the Minister, including the functions

required to give effect to any international obligation entered

into by Malta relative to matters regulated by this Act;

(e)

to advise the Government generally on the

formulation of policies with regard to land in Malta and to make

recommendations to Government on action which in the opinion

of the Authority would be expedient in relation to matters

falling within its functions;

(f)

to order investigations about any irregularities in

connection with anything falling under the remit of the

Authority which shall have been made known to the Chief Audit

Officer in accordance with article 19(7) and to keep under

review all transactions made and to take measures to suppress

and prevent, any practices which may be unfair, harmful or

otherwise detrimental; and

(g) to ensure high

standards

of

conduct

and

management throughout.

(3) The Authority may also exercise all powers of control over

land in Malta as may from time to time be delegated to it in writing by

the Minister on behalf of any department or agency of Government.

(4) It shall be the Minister’s function to ensure that the Board

is fully informed of Government’s strategic directions relative to this

Act, and it shall be the duty of the said Board to monitor the proper

execution of such policies.

(5) The Authority shall execute its duties, functions and

responsibilities in accordance with Government’s strategic directions

relating to land.

(6) In the pursuance of its functions under this Act, the

Authority shall regulate its own procedure.

(7) For the better performance of its functions, the Authority

shall collaborate with other Government departments and authorities

and make arrangements for the mutual exchange of information and

for other forms of assistance.

(8) The Authority shall also ensure that it keeps an audit trail

of all its files, including all documentation and reports

Provided that files, documentations and reports shall be

digitised and the Authority may after digitisation forward to the

National Archives hard copies of files, documentations and reports

after a period of twenty (20) years from date of submission to the

Authority or to any other previous entity carrying out the same

functions.

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

business of the Authority shall be the responsibility of the Board but, affairs

Authority.

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

administration and organisation and the administrative control of its

Directorates, Units, Divisions and Sections and of its officers and

employees, shall be the responsibility of the Chief Executive Officer,

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

delegated to him by the Minister.

(2) The Authority and each of its Directorates, Units,

Divisions and Sections 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.

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

to the Authority, any such thing may also be done by the Directorates,

Units, Divisions and Sections under whose jurisdiction the matter

falls by reason of a delegation of function to such Directorate, Unit,

Division and Section; and for the purposes aforesaid any reference in

this Act to the Authority includes a reference to the appropriate

Directorate, Unit, Division and Section.

There is hereby established the Board of Governors.

Establishment

of the Board of

Governors.

(1) The members of the Board of Governors shall consist Composition of

the Board of

of the following

Governors.

(a)

a Chairperson appointed by the Prime Minister;

(b)

a Deputy Chairperson appointed by the Minister;

(c)

a Member of Parliament nominated by the Leader of

the Opposition;

(d) a Member of Parliament nominated by the Prime

Minister;

(e)

a person nominated by the Planning Authority;

(f)

a person nominated by the Environment and

Resources Authority;

(g) a person of a recognised standing in the auditing

profession who is not a public officer and who shall be

appointed by the Minister;

(h) a perit of a recognised standing who is not a public

officer appointed by the Minister;

(i)

an advocate of a recognised standing who is not a

public officer appointed by the Minister;

(j)

an independent member chosen from amongst

persons of known integrity and with knowledge of and

experience in corporate management appointed by the Minister.

(2) The members of the Board of Governors shall hold office

for such term, being a period of not more than four years, as may be

specified in the letter of appointment, and shall be eligible for

reappointment; and shall receive such remuneration as the Minister

may from time to time, determine

Provided that if a member is appointed at any time after the

other members have already been appointed, the term of appointment

of such member shall end on the same date as that of the other

members.

(3) Where the Chairperson is absent or is unable to exercise

the functions and powers of his office and the Prime Minister has not

appointed another person to act as Chairperson during the period of

absence or disability, then the Deputy Chairperson shall carry out the

functions of the Chairperson. If the Deputy Chairperson is absent or is

unable to exercise the functions and powers of his office and the

Prime Minister has not appointed another person to act as Deputy

Chairperson during the period of absence or disability then the

members of the Board of Governors shall designate one of the

members of the Board to carry out the functions of the Chairperson

during such period.

(1) A person shall not be eligible to be appointed or to

hold office as a member of the Board if he -

(a)

is a Minister, Parliamentary Secretary or Member of

Parliament except for those Members of Parliament indicated in

paragraphs 10(1)(c) and 10(1)(d); or

(b)

is a Judge or Magistrate of the Courts of Justice; or

(c)

is legally incapacitated or interdicted; or

(d) has been declared an undischarged bankrupt or has

made a composition or arrangement with his creditors; or

(e)

is subject to disqualification under article 320 of the

Companies Act or is subject to blacklisting as provided in the Cap.

386. Public Procurement Regulations; or

(f)

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 Board; or

(g) has contravened any provision made by or under any

law appearing to be designed for protecting members of the

public against financial loss due to dishonesty, incompetence or

malpractice concerned in the provision of financial services or

in the management of companies; or

(h) has engaged in any business practice appearing to

the Prime Minister, in the case of the Chairperson, or to the

Minister, in the case of the Deputy Chairperson or of any other

member of the Board, to be deceitful or oppressive or otherwise

improper (whether unlawful or otherwise) or which otherwise

reflects discredit on his method of conducting business or

professional activities; or

(i)

has a financial or other interest as is likely to

prejudicially affect the discharge by him of his functions

Provided that the Prime Minister, in the case of the

Chairperson, or the Minister, in the case of the Deputy

Chairperson or any other member of the Board, may waive the

disqualification of a person under this paragraph if such person

declares the interest and the Prime Minister or the Minister, as

the case may be, considers that there are valid reasons for such a

waiver

Provided further that if the Prime Minister, in the

case of the Chairperson, or the Minister, in the case of the

Deputy Chairperson or any other member of the Board, decides

to grant such waiver, the declaration of the person stating his

interest, the waiver and reasons therefor shall be published in

the Gazette; or

(j)

is otherwise not a fit and proper person to hold that

office.

(2) In determining whether a person is a fit and proper person,

the Prime Minister, in the case of the Chairperson, or the Minister, in

the case of the Deputy Chairperson or any other member of the

Board, shall have regard to that person’s probity, to his competence

and soundness of judgement for fulfilling the responsibilities of that

office, to the diligence with which he is fulfilling or is likely to fulfil

those responsibilities and to whether the interests of any person are,

or are likely to be, in any way threatened by his holding that office.

(3) Any person whom the Prime Minister or the Minister has

appointed or proposes to appoint as a member of the Board shall,

whenever requested by the Prime Minister or the Minister to do so,

furnish to him such information as the Prime Minister or the Minister

considers necessary for the performance of his duties under sub-

articles (1) and (2).

(4) The Chairperson, the Deputy Chairperson or a member of

the Board may be relieved of office by the Prime Minister or by the

Minister on the ground of inability to perform the functions of his

office, whether due to infirmity of mind or body, or of misbehaviour;

and for the purposes of this sub-article repeated and unjustified non-

attendance of meetings may be deemed to amount to misbehaviour.

(5) The Chairperson, the Deputy Chairperson or any member

of the Board, may resign his office by letter addressed to the Prime

Minister or to the Minister, as the case may be.

(6) The appointment of any person as a member of the Board

and the termination of office or resignation of any such person

including the reason for such termination or resignation, as

applicable, shall be notified in the Gazette.

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

member of the Board shall become vacant -

(a)

at the expiration of his term of office; or

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

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

appointment as such.

(8) A member of the Board may only be removed from office

by the Prime Minister or by the Minister for any one or more of the

following reasons

(a)

if the member due to infirmity of mind or of body or

of any other cause is effectively unable to continue to discharge

his duties as a member;

(b) if the behaviour or performance of the member

brings into question his suitability or ability to continue as a

member, in particular for behaviour that affects or may affect

his reputation, independence or autonomy, or the reputation,

independence or autonomy of the Authority;

(c)

if the member has been convicted of a criminal

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 of any offence against this

Act or if he has been convicted of an offence punishable by

imprisonment for a period of six months or more; or

(d) if the member fails to perform his duties for a

prolonged period without any valid justification

Provided that notwithstanding the above, it shall be a cause

for the removal of a member if that member for any reason fails to

perform his duties, including attending for Board meetings.

(9) If a member resigns or if the office of a member of the

Board is otherwise vacant or if a member is for any reason unable to

perform the functions of his office, the Prime Minister or the Minister

may appoint a person, who is qualified to be appointed to be a

member, to be a temporary member of the Board; and any person so

appointed shall, subject to the provisions of article 10(2), 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.

(10) Any member of the Board who has any direct or indirect

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

Authority, not being an interest which disqualifies such member from

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

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

that member’s knowledge; such disclosure shall then be recorded in

the minutes of the meeting, 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 Prime

Minister or to the Minister without delay. Where the interest of the

member is such as to disqualify that member from remaining a

member, such member shall report the fact immediately to the Prime

Minister or Minister and tender his resignation. Moreover, the

member

(a) shall withdraw from any meetings and not take part

in any discussions or decisions of the Board with respect to that

matter; and

(b) shall be disregarded for the purpose of constituting a

quorum for any such discussions or decisions.

(11) The appointment of any person as a member of the

Authority and the termination of office or resignation of any such

person, as well as any additional functions assigned to the Authority

by the Prime Minister or by the Minister, shall be notified in the

Gazette, and it shall have effect forthwith

Provided that failure to publish the appointment or

termination of office, as the case may be, shall have no effect on the

validity of such appointment or termination.

(12) All acts done by any person in good faith as a member of

the Board shall be valid and effective as if he were a member even if

some defect in his qualification for appointment is subsequently

discovered.

(13) The provisions of articles 12, 13, 14, 15 and 16 shall apply

to the Board and regulate its proceedings.

(14) The Board shall transmit a copy of the agenda, minutes and

relative enclosures of its meetings to the Prime Minister and to the

Minister for their information.

(15) A member who has ceased to be a member of the Board

shall be eligible for reappointment.

(1) The Board shall meet as often as may be necessary or

expedient but at least once every month. The meetings shall be

convened by the Chairperson either on his own initiative or on the

written request of any two members.

(2) The Board may act notwithstanding any vacancy amongst

its members provided there is a quorum consisting of not less than

five members present at the meeting.

(3) The meeting of the Board shall be chaired by the

Chairperson, or in his absence by the Deputy Chairperson, or by a

member elected for the particular meeting by the other members

present at the meeting.

(4) Decisions of the Board shall be taken by a simple majority

of votes of the members present, and the Chairperson or other person

chairing the meeting shall have an original vote and, in the event of

an equality of votes, a second or casting vote. Without prejudice to

the other requirements of this Act, no decision shall be valid unless it

is supported by at least three members of the Board.

(5) (a) The Board shall appoint an officer of the Authority to

act as Secretary to the Board for such period and as the Board shall

deem appropriate.

(b) It shall be the duty of the Secretary to make the

necessary preparations for the meetings of the Board and to keep

minutes of those meetings. The Secretary shall also be duty bound to

ensure that the original copies of the minutes are signed by the

Chairperson, by not later than the following meeting and shall also

ensure that these minutes are kept both in electronic format and in

hard format. Copies of the minutes are to be made available to any

member of the Board upon a simple request.

(6) Subject to the foregoing provisions of this article, no act or

proceeding of the Authority shall be invalidated merely by reason of

the existence of any vacancy among the members of the Board.

(7) No act or proceeding of the Authority shall be questioned

on the ground of the contravention, by a member, of the provisions of

article 11(10).

(8) Subject to the foregoing provisions of this article, the

Board may regulate its own proceedings and procedure.

(9) The Board may invite any person and may require any

officer or employee of the Authority to attend a meeting of the Board

and to take part in the discussions.

(a) When the Board is presented with recommendations Provisions with

or decisions taken or to be taken by the Chief Executive Officer, it respect

Board of

shall discuss the said recommendations or decisions and if the Board Governors.

does not approve them in principle, it may, by agreement of an

absolute majority, ask the Chief Audit Officer to investigate and

report to it his findings in connection therewith. These findings must

be made available to the Board by not later than seven (7) days from

the date the request was made. When a request is made by the Board

to the Chief Audit Officer to investigate any recommendation or

decision, it shall immediately notify the Minister.

(b) The Board will then discuss the findings of the Chief

Audit Officer in relation to the recommendations or decisions of the

Chief Executive Officer and take a decision as to whether to approve

or overturn the said recommendation or decision of the Chief

Executive Officer.

(c) Where the Board votes against a recommendation or

a decision taken by the Chief Executive Officer, and thus overturn the

said recommendation or decision, the Board shall register in the

relevant file the specific reasons adduced by it justifying its vote.

Such decision by the Board shall be immediately notified to the

Minister. The Minister may, if he deems necessary, and after giving

detailed reasons, send back to the Board said decision for its review.

The decision by the Board to set the recommendation

or decision of the Chief Executive Officer aside shall also be notified

to any third party who is affected by such overturn and such third

party shall have the right to challenge the decision taken by the Board

as provided in article 57. Pending the appeal procedure, the decision

of the Board shall be suspended. Any decision given by the

Administrative Tribunal and Court of Appeal shall include in it a

declaration whether it confirms or otherwise the decision made by the

Board to overturn such a decision. In the eventuality that the tribunal

or court confirms said decision by the Board, the authority or its

officers shall not be liable to any claim, including, but not only, any

claim for damages with regard to the overturned decision.

(d) Where the Board votes in favour of a

recommendation or a decision taken by the Chief Executive Officer,

the Board shall register in the relevant file the specific reasons

adduced by it justifying its vote. Such decision by the Board shall

immediately be notified to the Minister. The Minister may, if he

deems necessary, and after giving detailed reasons, send back to the

Board the said decision for its review.

(e) Where the Board votes in favour of a

recommendation or a decision taken by the Chief Executive Officer,

against which the Chief Audit Officer makes adverse findings, the

Board shall register in the relevant file the specific reasons adduced

by it justifying such recommendation or decision taken. Such

decision shall immediately be notified to the Minister. The Minister

may, if he deems necessary, and after giving detailed reasons, send

back to the Board said decision for its review.

(f) The quorum shall consist of the Chairperson or

Deputy Chairperson and another four members of the Board.

(g) The Chairperson, or the Deputy Chairperson acting in

his place, shall have an original vote and, in the case of a tie, a casting

vote. All members of the Board present at the meetings shall cast their

vote in favour or against any motion put to the vote. Decisions shall

be adopted by a simple majority of the members present with the right

to vote.

(h) The Board may not delegate, to the Chairperson or

any of its members, the power to endorse any documents or plans

relating to any matter under its consideration.

(i) The Chief Executive Officer shall be directly

answerable for his decisions or recommendations only to the Board.

(j) The Chief Audit Officer shall be answerable for his

findings to the Chief Executive Officer and the Board.

(1) The functions of the Board shall be the following

Functions of the

Board of

Governors.

(a)

to establish the policies to be pursued by the

Authority. In determining such policies the Board shall follow

such policy guidelines as may be set out by Government;

(b) to provide a centralized office for the receipt and

processing of applications and documents;

(c)

to provide a centralized office for the receipt and

processing of complaints, reports and assessment of

information, related to alleged breaches of the provisions of this

Act, and to co-ordinate investigations undertaken by the

competent authorities whenever the Authority is of the opinion

that a breach should be pursued;

(d) to formulate, implement and update plans and

policies relating to the promotion of all Government property,

and such other matters as may be necessary, ancillary, incidental

or conducive to the better carrying out of the provisions of this

Act;

(e)

to seek the co-operation of, or make arrangements

with, other entities or persons to enable it to better monitor the

implementation of, and compliance with, the provisions of this

Act;

(f)

to establish long and short term objectives and

strategies for the proper administration of the Authority;

(g) to advise the Minister on the making of guidelines

and regulations under this Act;

(h)

to make orders under the provisions of this Act;

(i)

to issue technical guidance documents as may be

required from time to time;

(j)

to appoint from time to time sub-committees for the

purpose of compiling technical reports and, or identifying

procedures to be adopted.

(2) In the execution of its functions under this Act, the Board

shall consult with the Minister, and it shall have and may exercise all

or any one or more of the powers vested in it or entrusted to it by this

Act.

(1) The Minister shall appoint a Chief Executive Officer

after a public call. Such appointment shall be for a period of three

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

The conditions pertaining to the qualification for the appointment of

the members to the Board and to their holding office as members of

the Authority referred to in article 11 shall also pertain to the

appointment of the Chief Executive Officer.

(2) The Chief Executive Officer shall at the request of the

Board attend 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 during which findings of the Chief Audit Officer are

discussed regarding the recommendations and decisions taken by the

Chief Executive Officer.

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

implementation of the objectives of the Authority as set by the Board.

In the exercise of his functions, and without prejudice to the

generality of the foregoing, the Chief Executive Officer shall

(a)

assume the overall supervision and control of the

Directorates, including the establishment of Units, Divisions

and Sections as in the opinion of the Chief Executive Officer

may be necessary for the proper functioning of the Authority

and assign to such departments their respective duties;

(b) co-ordinate the workings of the Directorates, Units,

Divisions and Sections and assign to the Directorates such

duties which are by, or in accordance with, the provisions of this

Act vested in such Directorates, Units, Divisions and Sections;

(c)

develop the necessary strategies for the ongoing

implementation of the objectives of the Authority;

(d) give his advice on any matter referred to him or on

any matter on which he considers his advice necessary or

expedient;

(e)

carry out such other functions and duties as the

Minister may assign to him from time to time;

(f)

establish and co-ordinate working groups that are set

up from time to time to formulate regulations.

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

or position without the consent of the Minister.

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

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

Board determines that he has not achieved the targets and objectives

set for him by the Board.

(6) In the absence of the Chief Executive Officer, or if the

Chief Executive Officer is unable to perform the functions of his

office, whether under this or any other provision of this Act, the

Chairperson of the Board may, following consultation with the Chief

Executive Officer, appoint any one of the officers or employees of the

Authority to act as Acting Chief Executive Officer.

(1) The Board shall appoint a Chief Audit Officer to be in Appointment of

charge of the Internal Audit and Investigations Directorate. Such the

Officer.

appointment shall be for a period of three years which may be

extended for a further period of three years. In no case shall the Chief

Audit Officer hold office for more than six years. The conditions

pertaining to the qualification for the appointment of the members to

the Board and to their holding office as members of the Authority

referred to in article 11 shall also pertain to the appointment of the

Chief Audit Officer.

(2) The Chief Audit Officer shall attend all the meetings of the

Board whenever his findings regarding an investigation on a

recommendation or decision of the Chief Executive Officer are being

discussed.

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

implementation of the objectives of the Internal Audit and

Investigations Directorate as set by the Board. In the exercise of his

functions and without prejudice to the generality of the foregoing the

Chief Audit Officer shall

(a)

serve as an independent and objective person,

monitoring the internal financial control function of the

Authority;

(b) safeguard the continued independence of the Board

and the officers of the Authority;

(c)

endorse or otherwise plans, budgets and schedules

made by the Chief Executive Officer for the proper

administration of the Authority;

(d) investigate recommendations and decisions made or

to be made by the Chief Executive Officer or any other officer

of the Authority either when asked to do so by the Board or on

his own motion;

(e)

assume the overall supervision and control of the

Internal Audit and Investigations Directorate, including the

establishment of Units, Divisions and Sections as in the opinion

of the Chief Audit Officer may be necessary for the proper

functioning of the Directorate and assign to such departments

their respective duties;

(f)

co-ordinate the workings of this Directorate and the

Units, Divisions and Sections in the said Directorate and assign

to the Units, Divisions and Sections such duties which are by, or

in accordance with, the provisions of this Act vested in such

Directorate, Units, Divisions and Sections;

(g) develop the necessary strategies for the ongoing

implementation of the objectives of the Directorate;

(h) require the Authority to carry out specific tasks as

provided under this Act as and when necessary;

(i)

give his advice on any matter referred to him or on

any matter on which he considers his advice necessary or

expedient;

(j)

set policies, procedures and methods for the proper

functioning of internal audit and for the carrying out of financial

investigations in the Authority when necessary or expedient;

(k) establish and co-ordinate working groups that are set

up from time to time to formulate regulations; and

(l)

carry out such other functions and duties as the

Minister or Board may assign to him from time to time.

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

position without the consent of the Authority.

(5) The Chief Audit Officer may be dismissed by the House of

Representatives by an absolute majority vote, at any time for a just

cause and it shall be a just cause if the House of Representatives

determines that he has not achieved the targets and objectives set for

him by the Board.

(6) In the absence of the Chief Audit Officer, or if the Chief

Audit Officer is unable to perform the functions of his office, whether

under this or any other provision of this Act, the Chairperson may,

following consultation with the Minister, appoint any one of the

officers or employees of the Authority to act as Acting Chief Audit

Officer.

(1) The Minister may, in relation to matters that appear to Relations

him to affect the public interest, from time to time give to the between

Minister and the

Authority directions in writing of a general character, not inconsistent Authority.

with the provisions of this Act, on the policy to be followed in the

carrying out of the functions vested in the Authority by or under this

Act, and the Authority shall, as soon as may be, give effect to all such

directions.

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

obtaining information with respect to its properties and activities and

furnish him with returns, accounts and other information with respect

thereto, and afford to him facilities for the verification of information

furnished, in such manner and at such times as he may reasonably

require.

(3) 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.

(4) The Authority shall, either on its own initiative or at the

request of the Minister, advise the Minister on any matter concerning

Government property.

(5) The Authority shall transmit a copy of the minutes of its

meetings to the Minister as soon as may be after each meeting.

(6) The Minister shall seek the advice of the Authority,

including any one of its officers, before making regulations

Provided that the Minister may set a reasonable time,

which shall be not less than fifteen days, for the receipt of advice on

proposed regulations, and if the Authority or the officer does not give

its or his advice within that time, the Minister may proceed to make

those regulations

Provided further that the Minister may, when the Minister

deems the matter to be urgent, give notice thereof to the Authority or

officer and in such case the Authority or Officer shall give its or his

advice within two days, failing which the Minister may proceed to

make the regulations.

(7) When the Minister receives advice on matters relating to

Government property from outside the Authority, the Minister shall

pass such advice to the Authority for its comments thereon.

(1) The Board, together with the Chief Executive Officer,

shall establish Directorates which shall have their respective

responsibilities. The Board, together with the Chief Executive

Officer, may abolish or vary the responsibilities of such other

Directorates, as they may from time to time deem appropriate. The

Minister is to be informed immediately of any such decision

Provided that in the eventuality that the Internal Audit and

Investigations Directorate is proposed to be abolished, or its

responsibilities varied or removed, then such decision must be taken

by a vote in the House of Representatives by an absolute majority.

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

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

supervision and control of the Chief Executive Officer, any of the

Authority’s functions that relate or are ancillary to the matters for

which such Directorates are made responsible. The said Directorates

are 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, hereinafter referred to as "Chief Officer",

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) Such Chief Officers shall be appointed by the Board with

the approval of the Minister for a period of three years which may be

extended for a further period of three years up to a maximum of six

years. The conditions pertaining to the qualification for the

appointment of persons and to their holding office as members of the

Authority referred to in article 11 shall also pertain to their

appointment.

(5) It shall be the duty of the Directorates of the Authority to

provide the Board with all such information as may be required for

the proper performance of its functions and in particular to enable it

to ensure that its policies are being properly carried out.

(1) The Board shall appoint a Chief Audit Officer to be in The Internal

charge of the Internal Audit and Investigations Directorate as laid Audit

Investigations

down in article 16, with written terms of reference, which clearly lay Directorate.

down the authority, responsibilities, and duties of such Chief Audit

Officer.

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

officers in this Directorate shall be public officers.

(3) The Chief Audit Officer shall be responsible for the day-

to-day management of the Directorate.

(4) The Chief Audit Officer shall, immediately upon

concluding a financial investigation or an internal audit, transmit a

report thereof to the Chief Executive Officer and the Board. The

Chief Audit Officer shall also transmit a copy of such report to the

Prime Minister, to the Minister and to the Speaker of the House of

Representatives who is to table such report immediately

Provided that any findings made by the Chief Audit

Officer with regards to the person of the Chief Executive Officer in

the exercise of his functions shall be transmitted directly to the Board,

to the Minister and to the Speaker of the House of Representatives

who is to table such findings immediately.

(5) Within one month of receipt of such report, the Board shall

give such instructions to the Chief Executive Officer or to any other

officer of the Authority as may be necessary to remedy any

shortcomings and shall inform the Chief Audit Officer accordingly.

(6) The Chief Audit Officer shall conduct such follow-up

reviews as may be necessary after an internal audit and financial

investigation.

(7) If any person has reason to suspect any irregularity taking

place in the Authority, or has reason to suspect that a criminal offence

is about to be or is committed on public funds or property, then such

person shall by means of a letter or electronic means inform the Chief

Audit Officer who shall in turn, after evaluating the irregularity, and

concluding that there are prima facie grounds to investigate, conduct

an internal audit or a financial investigation. The said person shall

supply to the Chief Audit Officer all information in his possession

relating thereto. In any case, even when the Chief Audit Officer

concludes that there are no grounds to commence an investigation, he

shall report in a book of complaints all the complaints regarding

irregularities his office has received. The Chief Audit Officer will be

bound to send, on a monthly basis, to the Minister, to the Board and to

the Chief Executive Officer a report compiling a list of the complaints

made.

(8) The members of the Internal Audit and Investigations

Directorate shall be appointed on such terms and conditions as may

be determined by the Board.

(9) The Chief Audit Officer shall report directly to the Board

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

directed by the Board.

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

sub-article (1), the Internal Audit Directorate 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 Board 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 one

hundred thousand euro (€100,000);

(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;

and

(e)

to manage all the most important risks undertaken

by the Authority.

(1) The Chief Audit Officer shall be provided with the

agenda and all documentation put forward to the Board for its

discussion together with all the minutes taken during the Board

meetings. The Chief Audit Officer shall have the right to attend any

meetings of the Board and put forward his views, opinion,

recommendations and findings to the Board.

(2) The Chief Audit Officer shall have the right to ask for any

documentation and information as he may deem necessary from the

Authority and its officers and employees including advisers and

consultants. The Authority and its officers and employees including

advisers and consultants shall not refuse any request made by the

Chief Audit Officer in this regard.

If a person within the Authority has reason to suspect any Suspicion of

irregularity and, or has reason to suspect that a criminal offence is irregularity.

about to be or is committed on public funds or property, he shall refer

the matter forthwith to the Chief Audit Officer, and shall supply to the

said Chief Audit Officer all information in his possession relating

thereto.

(1) Where the Chief Audit Officer, the Chief Executive Conflict of

Officer or the Board considers that there would be a conflict of interest.

interest if the Chief Audit Officer himself were to conduct an internal

audit or a financial investigation, the Board may appoint a senior

public officer from amongst the officers of the Directorate to conduct

that investigation in his stead.

(2) It shall be the duty of every officer of the Directorate who

has any form of conflict of interest in any internal audit or financial

investigation which he is assigned to work upon, whether such

conflict is direct or indirect, to immediately disclose to the Chief

Audit Officer, the Chief Executive Officer and the Board his interest

and refrain completely from involving himself in that particular case

Provided that any officer of the Directorate who knowingly

acts in contravention of this sub-article shall be guilty of an offence

against this Act and shall, on conviction, be liable to a fine (multa) of

not more than two thousand five hundred euro (€2,500), and shall also

be subject to disciplinary proceedings as provided for in the Public S.L. Const.03

Service Commission (Disciplinary Procedures) Regulations.

Whenever, and as soon as, the Chief Audit Officer firmly Suspected cases

establishes the existence of suspected cases of irregularities and, or of

of criminal

suspected cases of criminal offences concerning the responsibilities offences.

of the auditee under review, the Chairperson of the Board shall, if the

Chief Audit Officer is of the opinion that the irregularity, if proved,

would constitute a criminal offence, immediately inform the

Commissioner of Police and the Minister; otherwise, if the Chief

Audit Officer is of the opinion that the irregularity is of an

administrative nature, he shall inform the Chairperson of the Board,

the Chief Executive Officer and the Minister.

(1) The Chief Audit Officer shall, not later than the first

three months of each year, compile an Annual Audit Report and

transmit such Annual Audit Report to the Board, the Chief Executive

Officer, the Prime Minister, the Minister and the Speaker of the

House of Representatives who must table such Annual Audit Report

immediately.

(2) The Annual Audit Report shall include

(a)

a detailed list of all the complaints made to him;

(b)

all the findings made by him;

(c)

all the reports made by him;

(d) all the activities and information relating thereto of

the Directorate during the previous year;

(e)

any other information he deems fit.

(3) The Chairperson of the Board, the Chief Executive Officer

and the Chief Audit Officer may be summoned to attend before the

Public Accounts Committee of the House of Representatives to

answer any questions which the members of the Committee deem

necessary in relation to the workings of the Authority.

(1) Except as may be expressly provided by any law, the

Chief Audit Officer shall, for the purpose of carrying out his

functions under this Act, have the power -

(a) to enter and inspect any premises of the Authority,

officer or employee in order to conduct an internal audit and,

where he has reason to suspect that irregularities and, or

criminal offences, have occurred or are occurring, to enter any

premises of the Authority, its officers or employees for the

purpose of conducting an investigation

Provided that, if access is required to any premises

occupied in whole or in part for the purpose of habitation by the

officer or employee, such access shall require the prior issue of a

warrant signed by a Magistrate

Provided further that entry shall take place during

daytime and be accompanied by a police officer for the keeping

of good order and public peace;

(b) to require the officer or employee of the Authority to

produce any books, records, files, accounts, documents or

information including any computer data in any form and or

part thereof, including contracts, bills, vouchers and receipts

relating to them, and if deemed necessary by the Chief Audit

Officer, for the latter to retain such documents in the original,

and to ensure that copies or extracts are made thereof without

paying any fee therefor notwithstanding any law or regulations

to the contrary.

(2) Without prejudice to the provisions of sub-article (1)(b),

and for the purpose of his functions under this Act, the Chief Audit

Officer may rely on any of the records kept or made by any audit or

investigative unit of any entity including the person or unit

discharging the compliance and assurance functions within the

Authority.

(3) Any person who fails to comply with any requirements of

this article shall be guilty of a criminal offence and shall, on

conviction, be liable to a fine (multa) of not more than twenty

thousand euro (€20,000) or to imprisonment for a term not exceeding

two years, or to both such fine and imprisonment.

(1) All information furnished by the Authority, officer or Information

employee during the course of any internal audit or financial furnished

Authority,

investigation shall at all times be treated as confidential and shall be officer

employee.

solely used by the Directorate for the purpose of carrying out the

internal audit and, or financial investigation.

(2) The Chief Audit Officer shall treat internal audit reports

and reports of financial investigations as strictly confidential and

shall, except for the purpose of any criminal investigation or

prosecution, only disclose their contents to the Board, to the Minister

or to the Auditor General.

(3) Without prejudice to the rights of the Auditor General

under any law, no information obtained in any way under this Act

shall be disclosed except

(a) for the purposes of the financial investigation and

the prosecution of a criminal offence;

(b)

for the purposes of the institution of a civil action;

(c)

to officers of the Directorate in the course of their

duties under this Act; and

(d) in matters which under this Act arise out of Malta’s

international obligations, to the relevant foreign audit and

control authorities.

The Board may, with the approval of the Minister, appoint

advisory boards and committees to assist it in the performance of its

functions under this or any other law. The functions of the said boards

and committees shall be prescribed by the Board with the approval of

the Minister.

The Authority may, in accordance with the provisions of

this Act and with the approval of the Minister, delegate any one or

more of its functions under this Act under such conditions as it may

deem appropriate. Notice of any such delegation shall be published in

the Gazette.

(1) Without prejudice to the provisions of article 15(2),

the Chief Executive Officer shall, himself or his representative, have

the right to be present and participate at all meetings of the Board,

and all the meetings held by all the boards and committees appointed

by the Board.

(2) The Minister shall, in consultation with the Chairperson of

the Board, appoint a secretary to assist the respective entity. The

secretary shall have the duty of calling meetings and keeping minutes

and assume such other duties as the chairperson of the Board may

delegate to him.

(1) Subject to the provisions of the Constitution, and 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 Board and

the terms and conditions of their employment and appointment shall

be established by the Board with the concurrence of the Minister.

(2) The Board 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 dependents.

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

the Board, or a member of the staff of the Authority, or a consultant,

advisor or other person engaged by the Authority, has any interest in

any matter which is to be considered by the Authority, he shall upon

becoming aware of such interest

(a)

disclose to the Board, as the case may be, the nature

of his interest;

(b)

neither influence nor seek to influence the

processing and the decision in relation to such matter;

(c)

take no part in any consideration of such matter; and

(d)

not attend nor participate in any meeting on 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

referred to the Board and the decision taken and its motivation shall

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

was taken and such person is to be duly informed.

(3) Where a disclosure is made to the Board 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, excluding

members of the Authority and the Chief Executive Officer, fails to

make the required disclosure, the Board shall decide the appropriate

action to be taken which may include, with the concurrence of the

Minister, the removal from office or termination of the contract of the

person concerned.

The Board shall appoint and employ, at such remuneration Appointment

and upon such terms and conditions as it may, in accordance with and

officers and

article 30, determine, such officers and employees of the Authority as employees

the Authority.

may from time to time be necessary for the due and efficient

discharge of the functions of the Authority.

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

that any public officer or public employee shall be detailed for duty public

and employees

with the Authority in such capacity and with effect from such date as for

Authority.

may be specified in the Prime Minister’s direction.

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

apply to any officer or employee specified therein shall, unless the

officer or employee retires from the public service, or otherwise

ceases to hold office or employment 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 or employee of an

offer of transfer to the service of, and permanent employment

with, the Authority made in accordance with the provisions of

article 32; or

(b) the revocation of such direction by the Prime

Minister, in relation to such officer

Provided that in relation to a public officer or public

employee 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 or public employee 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 or employee, the Prime Minister

may, by further direction, detail such officer or employee 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

or employee.

(1) Where any public officer or public employee is

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

article 33, such officer or employee shall, during the time in which

such direction has effect in relation to him, be under the

administrative authority and control of the Board 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 or employee 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 or employee detailed for duty with the

Authority as aforesaid during the period in which he is so detailed.

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

Minister, offer permanent employment with the Authority to any permanent

employment

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

Authority to

the provisions of article 33 at remuneration and on terms and public officers

or public

conditions as set out by the Authority.

employees

detailed for duty

with the

(2) Every officer or employee who accepts permanent

Authority.

employment with the Authority offered to him under the provisions of

sub-article (1) shall, for all purposes other than those of the Pensions Cap. 93.

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

saving the provisions of article 49, 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.

(3) Every such officer or employee as aforesaid who,

immediately before accepting permanent employment with the

Authority, was entitled to benefit under the Widows’ and Orphans’ Cap. 58.

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.

(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 or employee who has accepted

permanent employment with the Authority as aforesaid during the

period commencing on the date of such officer’s or employee’s

acceptance.

(5) In the case of a public officer or public employee detailed

for duty with the Authority with effect from the date established

under the proviso to article 33(2) and who subsequently accepts

permanent employment with the Authority the foregoing provisions

shall apply subject to the following provisions of this article.

(6) For the purposes of the Pensions Ordinance the

pensionable emoluments on retirement of any public officer or public

employee to whom sub-article (5) applies shall be deemed to be the

pensionable emoluments payable to an officer or employee 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 or employee retires from the Authority.

(7) (a) The classification referred to in sub-article (6) 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 Ministry

responsible for the Authority. The classification shall be subject to the

final approval of the Minister responsible for finance.

(b) 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.

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

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

rights, under the said Pensions Ordinance, less favourable than those

to which he would have been entitled prior to such classification.

The Board may engage such consultants or advisers, as it

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

(1) Without prejudice to the following provisions of this

article, the Board shall so conduct the affairs of the Authority so that

the expenditure required for the proper performance of its functions

shall, as far as practicable, be met out of its revenue.

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

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

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

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

under this Act.

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

Consolidated Fund such sums as Parliament may from time to time

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

activities to be continued or otherwise carried out by the Authority.

(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 by the Authority in such manner as

may from time to time be approved by the Minister.

For the purpose of carrying out any of its functions under Power to

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

capital.

Minister given after consultation with the Minister responsible for

finance, borrow, including by way of overdraft or otherwise, 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.

The Minister responsible for finance may, after Advances from

consultation with the Minister, make advances to the Authority of Government.

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.

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

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

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

"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.

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

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

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

Authority for the following financial year

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 so

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.

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

Authority unless provision therefor had been made in the estimates be

approved

approved as provided for in article 41.

estimates.

(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

subhead 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

subhead of the estimates;

(c)

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.

The Minister shall, at the earliest opportunity and not later Publication of

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

estimates.

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,

together with a motion that the House approve the said estimates. One

sitting day shall be allotted for the debate in the House on such

motion, and both the motion and the approval of the estimates by the

House may be with or without amendment to the estimates.

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

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

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 on the Table of the House as soon as practicable.

(1) All monies accruing to the Authority shall be paid

into a bank or banks appointed as bankers of the Authority by a

resolution of the Authority. Such monies shall, as far as practicable,

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 Chief Executive Officer 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 finances, of the

Authority.

The Authority shall not award or enter into any contract for Contracts of

the supply of goods or materials or for the execution of works, or for services,

or works.

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.

The Authority shall, not later than three months after the Annual report.

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 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 Ministers shall cause a copy of every such report to be

laid on the Table of the House as part of the estimates referred to in

article 43.

The Authority shall be exempt from any liability for the Exemption from

payment of any tax on income or duty on documents for the time tax.

being in force in Malta.

(1) For the purposes of the Criminal Code and of any Members of the

provision of a penal nature in any other law, the members of the Authority

to be deemed

Authority, namely the Board and any committee, board or other body public

for certain

or office established by this Act, and every officer or employee purposes.

thereof, shall be deemed to be and be treated as a public officer.

(2) 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.

The Board, the Chief Audit Officer, the Chief Executive Consultations.

Officer, any committee, or board may consult with any officer of the

Authority or any other person or entity whose advice is considered

relevant to any matter under its consideration.

(1) Every member of the Board, the Chief Executive Declaration of

Officer, the Chief Audit Officer and each Chief Officer shall submit a assets,

conduct and

declaration of assets in accordance with the procedures established publication

names.

for this purpose by the Minister.

(2) The Minister shall, in consultation with the Authority,

issue, publish and review a code about the conduct expected of the

members of the Authority, the Board, the Chief Executive Officer, the

Chief Audit Officer, chairpersons and officers of the Authority in

connection with the performance of the Authority’s functions.

(3) The provisions of the code of conduct shall be taken into

account in deciding whether any such member or officer is unfit to

perform the duties assigned to him under this Act or whether his term

of office is to be renewed.

(4) The names of all the members of the Board and any

committee, board, or other body established by this Act, and any

other change in such membership shall be published in the Gazette.

(1) The Minister shall, in consultation with the Board, by

regulations under this article provide that the Authority shall be

entitled to request from the public, Government departments,

authorities, public corporations or other persons as may be

prescribed, such information that they may have in their possession

and relating to lands. Without prejudice to the generality of the

foregoing, such regulations may prescribe

(a)

the nature of the information that may be requested;

(b) the circumstances under which such information

may be requested;

(c)

the circumstances under which such information

may be withheld by the requested entity and the publication of

the reasons for which such information is withheld;

(d) the fees that may be charged in respect of the

granting of any such information; and

(e)

the time-frame within which such information is to

be supplied.

(2) Without prejudice to the generality of sub-article (1), the

Authority shall keep and make available for public inspection at such

reasonable times as it may determine, a register or registers

(a)

of all applications received by it containing the

name of the applicant and details of the request, including

documents if any; and

(b) of all decisions including documents made on such

applications

Provided that for the purposes of this sub-article the

application report and any information or documents concerning

applications which relate to national security, defence, banks, prisons,

the airport and other institutions or premises whose security it is

desirable to safeguard as the Authority may establish shall not be

made accessible to the public

Provided further that for the purposes of this article, in the

case of a file held by the Authority, any person shall have access to

that part of the file containing the following information

(i)

the application report of all applications;

(ii) all decisions relating to applications submitted

to the Authority together with the relative documents

including the reasons for the grant of such permissions

or refusal.

(3) The Authority shall ensure that detailed information is

made available to the public concerning access to appeal procedures

before any tribunal and court, including information on the rights of

any person to institute appeal proceedings and shall give information

on legal time limits and on mandatory fees payable in respect of such

proceedings including through publication on the electronic website

of the Authority.

(1) Where any notice or other instrument or document Service of

whatsoever is required or authorised to be served or given by or under notices,

under this Act.

this Act, it may be served or given in any of the following manners

(a) by delivering it to the person on whom it is to be

served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of

abode of that person, or of his place of work, or if such person

has furnished an address for service, at that address; or

(c)

by sending it in a registered letter addressed to that

person at the place of abode or the address for service aforesaid;

or

(d) in the case of a body corporate or other body of

persons, by delivering it to an officer or employee thereof at the

registered or principal office, or sending it in a registered letter

addressed to the body aforesaid at that office; or

(e)

in any case in which it is not reasonably possible to

effect service in any of the foregoing manners whether on all or

on any one or more of the persons on whom service is to be

made or notice is to be given, by affixing the notice or other

instrument or document to be served or given in a conspicuous

place on the land to which it relates and keeping it so affixed for

five working days and by publishing the notice, or other

instrument or document in a local newspaper. Where the notice,

or other instrument or document to be served or given is affixed

on the land but is removed before the expiry period of five

working days, the re-affixing of the notice, or other instrument

or document shall only be for the remaining period after the

document was removed.

(2) Where any notice or other document is required or

authorised to be served or given to any person as having an interest in

land, and the name of that person cannot be ascertained after

reasonable inquiry, or is required or authorised to be served on an

occupier of land or building, the notice shall be deemed to be duly

served or given if it is served or given in any of the manners indicated

in sub-article (1) and addressed by the description of "owner",

"occupier", or "owners", "occupiers", as the case may require.

(3) A person who at any time after a notice is affixed pursuant

to sub-article (1)(e), removes, damages or defaces the notice without

lawful authority shall be guilty of an offence against this Act.

(1) (a) The property and undertakings owned by the

Lands Department or the Commissioner of Lands and used by any one

of them immediately before the date of the coming into force of this

Act, 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 the Lands Department or the

Commissioner of Lands immediately before the said date.

(b) The assets which immediately before the coming into

force of this Act were owned by the Government and used for the

exercise of any of the functions which by this Act are being

transferred to or vested in the Authority shall 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 the coming into force of this Act.

(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 the ownership,

administration and all other rights of all plant, equipment, apparatus,

instruments, vehicles 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, and keep all such property, and for the purposes

of articles 55 and 56 such property shall be deemed to be included in

the properties transferred to the Authority by or under this Act.

(1) Subject to other provisions of this Act, all laws, rules, Construction of

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 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 Lands Department or the

Commissioner of Lands 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.

(1) Anything relating to any of the properties or Transitory

undertakings or any right or liability transferred to the Authority by or provisions.

under this Act which has been commenced by or under the authority

of the Government, the Lands Department or the Commissioner of

Lands before the date of the coming into force 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 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 Lands Department or the Commissioner of Lands 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 Lands Department or the Commissioner of Lands in

relation to any of the transferred property or undertakings exercisable

by or on behalf of the Authority.

(1) The Administrative Review Tribunal established by

article 5 of the Administrative Justice Act shall be competent to hear

and determine

(a)

objections made by any person aggrieved by any

decision of the Authority; and

(b) objections made by any person aggrieved by an

administrative or any other penalty imposed on that person by

the Authority

Provided that the Administrative Review Tribunal shall in

no way be competent to hear and decide cases which fall under the

competence of the Land Arbitration Board

Provided further that, unless otherwise prescribed by law,

an objection lodged in terms of this sub-article to the Administrative

Review Tribunal shall be filed within twenty days from the receipt of

the Authority’s decision.

(2) Notwithstanding anything contained in the Administrative

Justice Act, the Administrative Review Tribunal shall serve the

objection filed in its registry on the defendant or the respondent

without delay. The respondent shall have the right to file a written

reply within twenty days from the date of service.The Tribunal shall

then fix a date for hearing within eight working days from the filing

of a reply by the respondent within the time limit therefor or if no

such reply is filed from the expiry of such time. The Tribunal shall,

after appointing the application for hearing, decide on its merits after

receiving any evidence it deems fit, within the shortest time possible

but not any later than six months from the day when the application

has been duly notified.

(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) and such

appeal shall be to the Court of Appeal (Inferior Jurisdiction).

(4) A copy of the appeal application shall be served on the

respondent, who may file a written reply within twenty days from the

date of service. The Court of Appeal (Inferior Jurisdiction) shall fix a

date for hearing within fifteen working days from the filing of a reply

by the respondent within the time limit therefor or if no such reply is

filed from the expiry of such time. The Court of Appeal (Inferior

Jurisdiction) shall, after appointing the appeal application for hearing,

decide on its merits within the shortest time possible but not any later

than six months from the day when the application has been duly

notified.

(1) The Minister may, after consultation with the Power to make

regulations.

Authority, make regulations

(a) in respect of any of the functions of the Authority

and in connection with any matter relating to its proper

function;

(b) to establish 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;

(c)

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;

(d) for the powers and duties of officers, employees and

or of contractors appointed by the Authority;

(e)

for regulating, controlling, and prohibiting the

presence of any person in any place or building of which it has a

right over or the ownership or the use by any person of any such

place or building;

(f)

for regulating, declaring and defining its property or

property over which it has a right;

(g) regulating the use of its property or property over

which it has a right, whether movable or immovable;

(h) prescribing what type of information held by the

Authority shall be accessible to the public, as well as to

establish the procedure concerning access thereto and the

relative fees to be paid to obtain copies of such information;

(i)

excluding the Authority from any liability, other

than liability for gross negligence, incurred in connection with

the execution of its duties under the said regulations;

(j)

establishing offences and the relative punishments

in relation to the contravention of any of the provisions of this

Act;

(k)

to provide and prescribe schedules to this Act;

(l)

to provide for the amendment, the substitution or the

addition or to otherwise the alteration of anything contained in

the Schedules to this Act;

(m) to provide that any person who acts in contravention

of any regulation under this Act shall be guilty of an offence

against this Act, and establishing such penalty, being a penalty

not greater than a fine (multa) of one hundred thousand euro

(€100,000) or to imprisonment for a term not exceeding two

years, or to both such fine and imprisonment, to which any

person so guilty may be liable

Provided that such regulations may provide that a

person who, having been sentenced for an offence against the

same regulation by a judgement which has become absolute,

commits a further offence against the same regulation within

such time as may be prescribed, shall be liable to pay a higher

fine (multa), not exceeding double the fine (multa) which would

otherwise have been inflicted, and for the purpose of this

proviso the maximum fine that may be established by such

regulations shall be two hundred thousand euro (€200,000)

Provided further that such fine shall in all cases be

due to the Government as a civil debt, and that where the person

guilty of the offence is a director, secretary or manager of a

body corporate for the economic benefit of which the offence

was committed, such body corporate shall be liable in solidum

with the offender for the payment of the said civil debt;

(n) 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.

(2) Any power conferred by this Act to make regulations,

rules, orders, lists, schedules and any other instrument of like nature,

includes the power from time to time to revoke, replace, amend, alter

or add to any such instrument as aforesaid.

(3) Regulations or orders under sub-article (1) may, for the

purpose of securing compliance with the provisions thereof, provide

for the imposition of penalties not exceeding a fine (multa) of two

hundred thousand euro (€200,000) or a penalty of not more than one

thousand and five hundred euro (€1,500) for each day that the offence

persists and imprisonment for a term not exceeding two years.

(4) 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.

(5) 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.

(1) Notwithstanding the provisions of any other law, for Right of entry.

the purposes of carrying out their functions under this Act, the Board

and such officer, employee or committee or any other person as may

be authorised by the Board or the Chief Executive Officer for this

purpose, and if so required by the Board with the assistance of the

Police Force, shall have

(a)

the right to enter any premises, public or private, at

all reasonable times, and in the case of a dwelling house after

giving previous reasonable notice of at least twenty-four hours

and not before seven o’clock in the morning or later than seven

o’clock in the evening, and inspect or survey any land, or to take

any photographs after entering or request any legitimate

information from any occupier of such premises; and

(b) the right to do anything that is ancillary or

consequential thereto.

(2) Any person authorised pursuant to sub-article (1) shall

produce a means of identification issued by the Authority and thereon

be authorised to enter the land.

Without prejudice to any other special provision of this

Act, the Minister may, after consultation with the Authority, make

regulations prescribing penalties for criminal offences against any

regulations made under this Act, and such regulations may

(a) prescribe imprisonment and different fines (multa)

for different offences;

(b) prescribe fines (multa) 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 two years, or a fine

(multa) of more than two hundred thousand euro

(€200,000); or

(ii) a fine (multa) of more than one thousand and

five hundred euro (€1,500) for each day during which

the offence persists.

Regulations or orders made under this Act may make

different provisions with respect to different classes of property, land

or persons connected therewith or with respect to different

circumstances and with respect to different parts of Malta.

(1) The Authority shall have the power to impose in

respect of any person who infringes any provisions of this Act or of

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 two hundred thousand euro (€200,000) 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.

(3) When the decision to impose an administrative fine has

been appealed and the decision confirmed by the Tribunal or the

Court of Appeal (Inferior Jurisdiction), as the case may be, the daily

fine for the continuation of the illegality shall be calculated from the

original date notified in the enforcement notice

Provided that the Minister may by regulation prescribe

different dates from which daily fines shall be calculated.

(1) The Minister may, without prejudice to the provisions Amendment of

of sub-article (2), by regulations amend, substitute or repeal any of laws.

the provisions of any Act explicitly mentioned in paragraph (b) of sub-

article (2) of article 7 after having consulted the Authority for the

purpose of eliminating any difficulty in the implementation of those

laws together with this Act.

(2) The Minister may by regulations made under this sub-

article provide for transitory provisions.

(3) Regulations made in accordance with this article shall come

into force following their approval by resolution of the House of

Representatives.

(1) The members, officers and employees of the Exemption from

Authority in the performance of their functions under this Act or liability.

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. Neither shall any

criminal proceedings be instituted against them in the exercise of

their functions under this Act or any other provisions of the

enactments listed in article 7 or any other provision of this Act.

(2) Notwithstanding the provisions of any other law and

saving the provisions of article 46 of the Constitution and article 4 of

the European Convention Act, no precautionary act may be issued by

the Court against the Authority restraining it from the exercise of any

of the powers conferred upon it under this Act.

(1) All expenses reasonably incurred by the Authority in Proceedings for

the exercise of its powers, or any other amount which might be due to debts

Authority.

the Authority under any provision of this Act or regulations made

thereunder or under any other law or agreement signed or otherwise

made by it shall be recoverable as a civil debt by the Authority from

the present owner of the land, or from any occupier of the land or

building, or from any person responsible for the acts mentioned in the

notice, including a notice of payment, or an applicant, subject to such

right of recovery such person may have against any other person. The

Authority shall not be liable for any damages as a result of the

exercise of its powers under this article, unless it is proved that such

damage resulted from gross negligence on the part of the Authority,

its officers and agents. The Authority, in its discretion, can dispose of

the objects found on the land or building, without any other

formalities whatsoever if the objects remain unclaimed within seven

days.

(2) Where the Authority desires to sue for the recovery of a

debt due to the Authority under any law or regulation which it is

entitled to enforce, the Chief Executive Officer or an officer of the

Authority duly authorised by the Chief Executive Officer to act on his

behalf, may make a declaration on oath before the Court Registrar or

before any other officer authorised to administer the oath in judicial

matters, wherein he states the nature of the debt and the name of the

debtor and confirm that it is due. Interest at the rate of eight percent

(8%) shall run from the date on which the amount mentioned in the

declaration was due.

(3) The declaration referred to in sub-article (2) shall be

served upon the debtor by means of a judicial act and it shall have the

same effect as a final judgement of the competent court unless the

debtor shall, within a period of thirty days from service upon him of

the said declaration, oppose the claim by filing an application

demanding that the court declares the claim unfounded. The judicial

act shall on pain of nullity contain an intimation to the debtor that if

he does not reply within thirty days from service upon him of the said

judicial act by filing an application demanding that the court declares

the claim unfounded, which application may be signed and presented

in court by the debtor himself without the signature of an advocate or

of a legal procurator being required; such judicial act shall constitute

an executive title.

(4) The application filed in terms of sub-article (3) shall be

served upon the Authority, which shall be entitled to file a reply

within a period of twenty days. The court shall appoint the application

for hearing on a date after the lapse of that period and in no case later

than one month from the filing of the application.

(5) Any debts due to the Authority shall be prescribed by the

lapse of the period of ten years from the date on which the debt was

due.

(1) 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 article 7 or any other

provision of this Act shall continue in force and shall continue to have

effect as if made under this Act and may be amended, substituted or

revoked accordingly.

(2) Any permission, authority or order granted or made under

any of the provisions of the enactments listed in article 7 or any other

provision of this Act 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 permission, authority or order granted or made under a

corresponding provision of this Act, and any such permission,

authority or order as aforesaid shall be treated and dealt with

accordingly.

Passed by the House of Representatives at Sitting No. 422 of the

25th July, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€4.32