ACT No. XXXV of 2023 AN ACT to amend the Exclusive Economic Zone Act, Cap. 625 and to make consequential amendments to various other laws in connection with the designation of an exclusive economic zone area or an environmental protection area in order to regulate activities (financialassistance)

I assent.

(L.S.)

FRANK BEZZINA

Acting President

17th October, 2023

ACT No. XXXV of 2023

AN ACT to amend the Exclusive Economic Zone Act, Cap. 625

and to make consequential amendments to various other laws in

connection with the designation of an exclusive economic zone area

or an environmental protection area in order to regulate activities

therein and provide for such 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:-

The short title of this Act is the Exclusive Economic Zone and

Various Laws (Amendment) Act, 2023.

PART I

AMENDMENT TO THE CRIMINAL CODE

This Part amends the Criminal Code and it shall be read and

construed as one with the Criminal Code, hereinafter in this Part

referred to as "the Code".

Immediately after article 5 of the Code there shall be added

the following new article

The provisions of this Code and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this

Code and any subsidiary legislation made thereunder,

be treated as if they were situated in Malta itself.".

PART II

AMENDMENT TO THE CODE OF ORGANIZATION AND

CIVIL PROCEDURE

4. This Part amends the Code of Organization and Civil Amendment to

Procedure and it shall be read and construed as one with the Code of the

Organization

Organization and Civil Procedure, hereinafter in this Part referred to as and

Procedure.

5. Immediately after article 5 of the Code there shall be added Addition of new

article to the

the following new article

Code.

5A. The provisions of this Code and of any

exclusive economic subsidiary legislation made thereunder shall also apply,

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this

Code and any subsidiary legislation made thereunder,

be treated as if they were situated in Malta itself.".

PART III

AMENDMENT TO THE CIVIL CODE

This Part amends the Civil Code and it shall be read and Amendment to

construed as one with the Civil Code, hereinafter in this Part referred the

to as "the Code".

Immediately after article 1A of the Code there shall be added Addition of new

article to the

Code.

the following new article

1B. The provisions of this Code and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this

Code and any subsidiary legislation made thereunder,

be treated as if they were situated in Malta itself.".

PART IV

AMENDMENT TO THE EXPLOSIVES ORDINANCE

This Part amends the Explosives Ordinance and it shall be

read and construed as one with the Explosives Ordinance, hereinafter

in this Part referred to as "the principal law".

Immediately after paragraph (b) of sub-article (1) of article 22

of the principal law there shall be added the following new paragraph

" (ba) for activities taking place within an exclusive

economic zone area and environment protection area as

defined in the Exclusive Economic Zone Act;".

PART V

AMENDMENT TO THE CUSTOMS ORDINANCE

This Part amends the Customs Ordinance and it shall be read

and construed as one with the Customs Ordinance, hereinafter in this

Part referred to as "the principal law".

Immediately after sub-article (3) of article 80 of the principal

law there shall be added the following new sub-article

(4) The Minister responsible for customs may

respect to exclusive make, amend, substitute or repeal rules or regulations in

economic zone area relation to the application of all or part of the provisions

of the Ordinance and of any subsidiary legislation made

thereunder for the purpose of regulating, prescribing or

otherwise providing for customs matters in respect of

any exclusive economic zone area or environment

protection area as defined in the Exclusive Economic

Zone Act.".

PART VI

AMENDMENTS TO THE INCOME TAX ACT

This Part amends the Income Tax Act and it shall be read and Amendments to

construed as one with the Income Tax Act, hereinafter in this Part the

referred to as "the principal Act".

Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition "equity holding"

thereof there shall be added the following new definition

" "exclusive economic zone area" shall have the

same meaning as assigned to it in the Exclusive

Economic Zone Act;"; and

(b) the definition "Malta" thereof shall be substituted by

the following new definition

" "Malta" means the Island of Malta, the Island of

Gozo and the other islands of the Maltese Archipelago,

including the territorial waters thereof, the continental

shelf and any exclusive economic zone area;".

In paragraph (iii) of the proviso of sub-article (1) of article 4 Amendment of

of the principal Act the words "received in Malta." shall be substituted article

by the words "received in Malta;" and immediately after there shall be

added the following new paragraph

"(iv) in the case of income or capital gains arising

from activities carried out in an exclusive economic zone

area, only activities which are licensed or otherwise

authorised to be undertaken in accordance with the

Exclusive Economic Zone Act shall be deemed to be

carried out in Malta and the provisions of the Income Tax

Acts shall apply accordingly. For the avoidance of doubt,

transfers of assets situated within the exclusive economic

zone area shall be deemed to have taken place in Malta

and the provisions of articles 5 and 5A of this Act shall

apply accordingly.".

Immediately after sub-article (4) of article 96 of the principal Amendment of

Act there shall be added the following new sub-article

"(5) The Minister responsible for finance may

make, amend, substitute or repeal rules or regulations in

relation to the tax treatment of activities carried out

within an exclusive economic zone area, including the

application of all or part of the provisions of the Income

Tax Acts and of any subsidiary legislation made

thereunder in relation to the said activities and for the

purpose of regulating, prescribing or otherwise

providing for matters relating to tax in respect of an

exclusive economic zone area and generally for the

better application of the Income Tax Acts to activities

carried out in or therefrom.".

PART VII

AMENDMENT TO THE CARRIAGE OF GOODS BY SEA ACT

This Part amends the Carriage of Goods by Sea Act and it

shall be read and construed as one with the Carriage of Goods by Sea

Act, hereinafter in this Part referred to as "the principal Act".

Immediately after article 8 of the principal Act there shall be

added the following new article

9. The Minister responsible for finance may,

subject

to

the provisions of the Exclusive Economic

respect to exclusive

economic zone area Zone Act, from time to time, make, amend, substitute

or repeal regulations for the purpose of regulating,

prescribing or otherwise providing for any matters

regulated by or under this Act or by or under any

subsidiary legislation made thereunder, in respect of an

exclusive economic zone area or an environment

protection area as defined in the Exclusive Economic

Zone Act or any activities therein including, but not

limited, to the applicability or otherwise of this Act and,

or of any subsidiary legislation made thereunder.".

PART VIII

AMENDMENT TO THE AGRICULTURAL AND FISHING

INDUSTRIES (FINANCIAL ASSISTANCE) ACT

This Part amends the Agricultural and Fishing Industries

(Financial Assistance) Act and it shall be read and construed as one

with the Agriculture and Fishing Industries (Financial Assistance) Act,

hereinafter in this Part referred to as "the principal Act".

Immediately after article 7 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

7A. Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone area the Minister responsible for agriculture and the

Minister responsible for fisheries may, with the

concurrence of the Minister responsible for finance,

subject to the provisions of the Exclusive Economic

Zone Act, from time to time, make, amend, substitute

or repeal regulations for the purpose of regulating,

prescribing or otherwise providing for any matters

regulated by or under this Act or by or under any

subsidiary legislation made thereunder, in respect of an

exclusive economic zone area or an environment

protection area as defined in the Exclusive Economic

Zone Act or any activities therein including, but not

limited, to the applicability or otherwise of this Act and,

or of any subsidiary legislation made thereunder.".

PART IX

AMENDMENT TO THE POLICE ACT

This Part amends the Police Act and it shall be read and Amendment to

construed as one with the Police Act, hereinafter in this Part referred to the

as "the principal Act".

Immediately after article 99 of the principal Act, there shall Addition of new

article to the

be added the following new article

principal Act.

99A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act and

subject to the provisions of this Act, a police officer

shall, in relation to any artificial island, installation,

structure, equipment or device therein, have all the

powers, protection and privileges which he has in

Malta.".

PART X

AMENDMENT TO THE EMERGENCY POWERS ACT

This Part amends the Emergency Powers Act and it shall be

read and construed as one with the Emergency Powers Act, hereinafter

in this Part referred to as "the principal Act".

Immediately after article 2 of the principal Act there shall be

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

PART XI

AMENDMENT TO THE IMMIGRATION ACT

This Part amends the Immigration Act and it shall be read and

construed as one with the Immigration Act, hereinafter in this Part

referred to as "the principal Act".

Immediately after article 36 of the principal Act there shall be

added the following new article

Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone or the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XII

AMENDMENTS TO THE MALTA ARMED FORCES ACT

26. This Part amends the Malta Armed Forces Act and it shall be Amendments to

read and construed as one with the Malta Armed Forces Act, the

Armed Forces

hereinafter in this Part referred to as "the principal Act".

Act.

27. Immediately after article 2 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act, and

subject to the provisions of the Assignment of Powers

to Armed Forces of Malta Order, a member of the

Armed Forces of Malta shall, in relation to any artificial

island, installation, structure, equipment or device

therein, have all the powers, protection and privileges

which he has in Malta.".

28. Immediately after sub-article (3) of article 4 of the principal Amendment of

article 4 of the

Act there shall be added the following new sub-article

principal Act.

"(3A) Without prejudice to any provision of this Act

granting the President of Malta the power to make

regulations, the President of Malta may, subject to the

provisions of the Exclusive Economic Zone Act, from

time to time, make, amend, substitute or repeal

regulations for the purpose of regulating, prescribing or

otherwise providing for any matters regulated by or

under this Act or by or under any subsidiary legislation

made thereunder, in respect of an exclusive economic

zone area, safety zone or an environment protection

area as defined in the Exclusive Economic Zone Act or

any activities therein including, but not limited, to the

applicability or otherwise of this Act and, or of any

subsidiary legislation made thereunder.".

PART XIII

AMENDMENT TO THE EXTRADITION ACT

29. This Part amends the Extradition Act and it shall be read and Amendment to

construed as one with the Extradition Act, hereinafter in this Part the

Act.

referred to as "the principal Act".

30. Immediately after article 2 of the principal Act there shall be

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

PART XIV

AMENDMENTS TO THE BUSINESS PROMOTION ACT

31. This Part amends the Business Promotion Act and it shall be

read and construed as one with the Business Promotion Act,

hereinafter in this Part referred to as "the principal Act".

32. Immediately after article 2 of the principal Act, there shall be

added the following new article

2A. The provisions of this Act and of any

exclusive economic subsidiary legislation made thereunder shall also apply,

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

33. Immediately after article 59 of the principal Act there shall be

added the following new article

Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone area the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XV

AMENDMENT TO THE IMPORT DUTIES ACT

34. This Part amends the Import Duties Act and it shall be read Amendment to

and construed as one with the Import Duties Act, hereinafter in this the

Duties Act.

Part referred to as "the principal Act".

35. In article 35 of the principal Act immediately after paragraph Amendment to

article 35 of the

(e) thereof there shall be added the following new paragraph

principal Act.

"(ea) extending all or part of the provisions of this

Act, including any regulations thereunder to any

e x c l u s i v e e c o no m i c z o ne a r e a o r e n vi r o nm e nt

protection area as defined in the Exclusive Economic

Zone Act and prescribing or otherwise providing for

matters relating to import duties in respect of any

e x c l u s i v e e c o no m i c z o ne a r e a o r e n vi r o nm e nt

protection area as defined in the Exclusive Economic

Zone Act;".

PART XVI

AMENDMENT TO THE DUTY ON DOCUMENTS AND

TRANSFERS ACT

36. This Part amends the Duty on Documents and Transfers Act Amendment to

and it shall be read and construed as one with the Duty on Documents the

Documents and

and Transfers Act, hereinafter in this Part referred to as "the principal Transfers

37. In sub-article (1) of article 22 of the principal Act, Amendment of

immediately after paragraph (c) thereof there shall be added the article

principal Act.

following new paragraph

"(ca) for extending all or part of the provisions of

this Act, including any regulations thereunder to any

e xc l u s i v e e c o no m i c z o ne a r e a or e n vi r on m e n t

protection area as defined in the Exclusive Economic

Zone Act and making, amending, substituting or

repealing rules or regulations, prescribing or otherwise

providing for matters contemplated under this Act, in

respect of such areas;".

PART XVII

AMENDMENT TO THE EXCISE DUTY ACT

38. This Part amends the Excise Duty Act and it shall be read and

construed as one with the Excise Duty Act, hereinafter in this Part

referred to as "the principal Act".

39. Immediately after paragraph (d) of sub-article (1) of article 13

of the principal Act there shall be added the following new paragraph

"(da) the extension of all or part of the provisions of

this Act, including any regulations thereunder to any

e xc l u s i v e e c o no m i c z o ne a r e a or e n vi r on m e n t

protection area as defined in Exclusive Economic Zone

Act and prescribing or otherwise providing for excise

duty matters in respect of an exclusive economic zone

area or environment protection area as defined in

Exclusive Economic Zone Act;".

PART XVIII

AMENDMENTS TO THE ELECTRONIC COMMUNICATIONS

(REGULATION) ACT

40. This Part amends the Electronic Communications

(Regulation) Act and it shall be read and construed as one with the

Electronic Communications (Regulation) Act, hereinafter in this Part

referred to as "the principal Act".

41. Immediately after sub-article (1) of article 5 of the principal

Act there shall be added the following new sub-article

1A. The provisions of this Act shall also apply, in

accordance

with the provisions of the 1982 United

exclusive economic

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act,

be treated as if they were situated in Malta itself.".

42. Immediately after paragraph (t) of sub-article (1) of article 47 Amendment of

of the principal Act, there shall be added the following new paragraph: article

principal Act.

"(ta) regulate activities taking place within an

e x c l u s i v e e c o no m i c z o ne a r e a o r e n vi r o nm e nt

protection area as defined in the Exclusive Economic

Zone Act;".

PART XIX

AMENDMENTS TO THE INSURANCE BUSINESS ACT

43. This Part amends the Insurance Business Act and it shall be Amendments to

read and construed as one with the Insurance Business Act, hereinafter the

Business Act.

in this Part referred to as "the principal Act".

44. In the definition "risk situated in Malta" in paragraph (d) of Amendment of

sub-article (1) of article 2 of the principal Act, the words "relates, is article

principal Act.

situated in Malta;" shall be substituted by the words "relates, is situated

in Malta:" and immediately thereafter there shall be added the

following new proviso

"Provided that, for the purposes of this

paragraph, Malta shall include an exclusive economic

zone area and environment protection area as defined in

the Exclusive Economic Zone Act;".

45. Immediately after article 64 of the principal Act there shall be Addition of new

article to the

principal Act.

added the following new article

Without prejudice to any provision of this Act

respect to exclusive granting the Minister the power to make regulations,

economic zone area

the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XX

AMENDMENTS TO THE VALUE ADDED TAX ACT

46. This Part amends the Value Added Tax Act and it shall be read

and construed as one with the Value Added Tax Act, hereinafter in this

Part referred to as "the principal Act".

47. Article 2 of the principal Act shall be amended as follows

(a)

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

(i) immediately after the definition of "excise

goods" there shall be added the following new definition

""exclusive economic zone area" shall have

the same meaning as assigned to it in the

Exclusive Economic Zone Act;";

(ii) the definition "Malta" shall be substituted by

the following

" "Malta" means the Island of Malta, the Island of

Gozo and the other islands of the Maltese Archipelago,

including the territorial waters thereof, the continental

shelf and subject to the provisions of sub-article (4), also

includes any exclusive economic zone area;";

(b)

immediately after sub-article (3) thereof there

shall be added the following new sub-article

"(4) For the purpose of sub-article (1), an exclusive

economic zone area shall be deemed to form part of

Malta only to the extent of activities undertaken

pursuant to, or which are directly related to, an

authorization or licence granted in accordance with the

Exclusive Economic Zone Act.".

PART XXI

AMENDMENTS TO THE COPYRIGHT ACT

48. This Part amends the Copyright Act and it shall be read and Amendments to

construed as one with the Copyright Act, hereinafter in this Part the

Act.

referred to as "the principal Act".

49. Immediately after article 1 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

1A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

50. Immediately after article 59 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

59A. Without prejudice to any provision of this Act

respect to exclusive granting the Minister the power to make regulations,

economic zone area

the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXII

AMENDMENTS TO THE PATENTS AND DESIGNS ACT

51. This Part amends the Patents and Designs Act and it shall be

read and construed as one with the Patents and Designs Act,

hereinafter in this Part referred to as "the principal Act".

52. Immediately after article 1 of the principal Act there shall be

added the following new article

1A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

53. Immediately after article 59 of the principal Act there shall be

added the following new article

59A. Without prejudice to any provision of this Act

respect to exclusive granting the Minister the power to make regulations,

the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXIII

AMENDMENT TO THE INTERNATIONAL PROTECTION

ACT

54. This Part amends the International Protection Act and it shall

be read and construed as one with the International Protection Act,

hereinafter in this Part referred to as "the principal Act".

55. Immediately after article 25 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

"25A. Without prejudice to any provision of this Act

respect to exclusive granting the Minister the power to make regulations,

economic zone area

the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXIV

AMENDMENT TO THE FISHERIES CONSERVATION AND

MANAGEMENT ACT

56. This Part amends the Fisheries Conservation and Amendment to

Management Act and it shall be read and construed as one with the the

Conservation

Fisheries Conservation and Management Act, hereinafter in this Part and

Management

referred to as "the principal Act".

Act.

57. Immediately after article 38 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

38A. Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone area and without prejudice to article 3 and the related

exercise of sovereign rights, the Minister may, subject

to the provisions of the Exclusive Economic Zone Act,

from time to time, make, amend, substitute or repeal

regulations for the purpose of regulating, prescribing or

otherwise providing for any matters regulated by or

under this Act or by or under any subsidiary legislation

made thereunder, in respect of an exclusive economic

zone area or an environment protection area as defined

in the Exclusive Economic Zone Act or any activities

therein including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXV

AMENDMENTS TO THE VETERINARY SERVICES ACT

58. This Part amends the Veterinary Services Act and it shall be

read and construed as one with the Veterinary Services Act, hereinafter

in this Part referred to as "the principal Act".

59. Immediately after article 3 of the principal Act there shall be

added the following new article

3A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

60. Immediately after article 73 of the principal Act there shall be

added the following new article

Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone area the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXVI

AMENDMENTS TO THE FOOD SAFETY ACT

61. This Part amends the Food Safety Act and it shall be read and

construed as one with the Food Safety Act, hereinafter in this Part

referred to as "the principal Act".

62. Immediately after article 3 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

3A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

63. In paragraph (p) of sub-article (1) of article 10 of the principal Amendment of

Act the words "evaluation of the results of such analyses or article

principal Act.

examinations; and" shall be substituted by the words "evaluation of the

results of such analyses or examinations;"; and immediately after

paragraph (p) thereof, as amended, there shall be added the following

new paragraph

"(pa) for activities taking place within an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act; and".

PART XXVII

AMENDMENTS TO THE EMPLOYMENT AND INDUSTRIAL

RELATIONS ACT

64. This Part amends the Employment and Industrial Relations Amendments to

Act and it shall be read and construed as one with the Employment and the

and Industrial

Industrial Relations Act, hereinafter in this Part referred to as "the Relations

principal Act".

65. Immediately after article 2 of the principal Act there shall be Addition of new

article to the

principal Act.

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

66. Immediately after article 48 of the principal Act there shall be

added the following new article

48A. Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone area the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXVIII

AMENDMENTS TO THE MALTA ENTERPRISE ACT

67. This Part amends the Malta Enterprise Act and it shall be read

and construed as one with the Malta Enterprise Act, hereinafter in this

Part referred to as the "the principal Act".

68. Immediately after article 2 of the principal Act there shall be

added the following new article

" Extension of

2A. The provisions of this Act and of any subsidiary

applicability to

legislation

made thereunder shall also apply, in accordance

with the provisions of the 1982 United Nations

economic zone Convention on the Law of the Sea as ratified by the Law of

the Sea (Ratification) Act, to the continental shelf as

defined in the Continental Shelf Act and to any exclusive

economic zone area or environment protection area as

defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act and

any legislation made thereunder, be treated as if they were

situated in Malta itself.".

69. In the proviso of paragraph (f) of sub-article (1) of article 5 of Amendment of

the principal Act the words "the provisions of the relevant legislation article

principal Act.

shall prevail." shall be substituted by the words "the provisions of the

relevant legislation shall prevail; and" and immediately after

paragraph (f) thereof, as amended, there shall be added the following

new paragraph

"(g)

the activities taking place within the

continental shelf as defined in the Continental Shelf Act

and within any exclusive economic zone area or

environment protection area as defined in the Exclusive

Economic Zone Act.".

PART XXIX

AMENDMENT TO THE ECO-CONTRIBUTION ACT

70. This Part amends the Eco-Contribution Act and it shall be Amendment to

read and construed as one with the Eco-Contribution Act, hereinafter the

Contribution

in this Part referred to as "the principal Act".

Act.

71. In article 13 of the principal Act, immediately after paragraph Amendment of

article 13 of the

(h) thereof, there shall be added the following new paragraph

principal Act.

"(ha) the extension of the applicability of all or part

of the provisions of this Act or subsidiary legislation

thereunder to any exclusive economic zone area or

environment protection area as defined in the Exclusive

Economic Zone Act and the regulation of matters

contemplated by this Act in respect of such areas; and".

PART XXX

AMENDMENT TO THE AUTHORITY FOR TRANSPORT IN

MALTA ACT

72. This Part amends the Authority for Transport in Malta Act

and it shall be read and construed as one with the Authority for

Transport in Malta Act, hereinafter in this Part referred to as "the

principal Act".

73. Immediately after article 43 of the principal Act there shall be

added the following new article

43A. Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

the Minister may, subject to the provisions of the

area, safety zone or

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area, safety zone or an environment protection area as

defined in the Exclusive Economic Zone Act or any

activities therein including, but not limited, to the

applicability or otherwise of this Act and, or of any

subsidiary legislation made thereunder.".

PART XXXI

AMENDMENTS TO THE SUSTAINABLE DEVELOPMENT

ACT

This Part amends the Sustainable Development Act, and it

shall be read and construed as one with the Sustainable Development

Act, hereinafter in this Part referred to as "the principal Act".

Immediately after article 2 of the principal Act there shall be

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

Immediately after article 13 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

13A. Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone area the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXXII

AMENDMENT TO THE CRIMES AGAINST THE

ENVIRONMENT ACT

This Part amends the Crimes Against the Environment Act Amendment to

and it shall be read and construed as one with the Crimes Against the the

Against the

Environment Act, hereinafter in this Part referred to as "the principal Environment

Act.

Immediately after article 2 of the principal Act there shall be Addition of new

article to the

principal Act.

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

PART XXXIII

AMENDMENT TO THE PROTECTION OF THE

WHISTLEBLOWER ACT

This Part amends the Protection of the Whistleblower Act and

it shall be read and construed as one with the Protection of the

Whistleblower Act, hereinafter in this Part referred to as the "the

principal Act".

Immediately after article 2 of the principal Act there shall be

added the following new article

2A. The provisions of this Act and of any

exclusive economic subsidiary legislation made thereunder shall also apply,

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

PART XXXIV

AMENDMENTS TO THE CLIMATE ACTION ACT

This Part amends the Climate Action Act and it shall be read

and construed as one with the Climate Action Act, hereinafter in this

Part referred to as "the principal Act".

Immediately after article 2 of the principal Act there shall be

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

Immediately after article 13 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

13A. Without prejudice to any provision of this Act

granting

the Minister the power to make regulations the

respect to exclusive

economic zone area Minister may, subject to the provisions of the Exclusive

Economic Zone Act, from time to time, make, amend,

substitute or repeal regulations for the purpose of

regulating, prescribing or otherwise providing for any

matters regulated by or under this Act or by or under

any subsidiary legislation made thereunder, in respect

of an exclusive economic zone area or an environment

protection area as defined in the Exclusive Economic

Zone Act or any activities therein including, but not

limited, to the applicability or otherwise of this Act and,

or of any subsidiary legislation made thereunder.".

PART XXXV

AMENDMENTS TO THE REGULATOR FOR ENERGY AND

WATER SERVICES ACT

This Part amends the Regulator for Energy and Water Amendments to

Services Act and it shall be read and construed as one with the the

for Energy and

Regulator for Energy and Water Services Act, hereinafter in this Part Water

Act.

referred to as "the principal Act".

Immediately after article 2 of the principal Act there shall be Addition of new

article to the

principal Act.

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

Immediately after article 37 of the principal Act there shall be

added the following new article

37A. Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone area the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXXVI

AMENDMENTS TO THE ENVIRONMENT PROTECTION

ACT

This Part amends the Environment Protection Act and it shall

be read and construed as one with the Environment Protection Act,

hereinafter in this Part referred to as "the principal Act".

Immediately after article 2 of the principal Act there shall be

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

In paragraph (cc) of sub-article (2) of article 54 of the Amendment of

principal Act, the words "to be prescribed by this Act." shall be article

principal Act.

substituted by the words "to be prescribed by this Act;" and

immediately after paragraph (cc) thereof, as amended, there shall be

added the following new paragraph

"(dd) subject to the provisions of the Exclusive

Economic Zone Act, regulate, prescribe or otherwise

provide for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXXVII

AMENDMENTS TO THE TRADE SECRETS ACT

This Part amends the Trade Secrets Act and it shall be read Amendments to

and construed as one with the Trade Secrets Act, hereinafter in this the

Secrets Act.

Part referred to as "the principal Act".

Immediately after article 3 of the principal Act there shall be Addition of new

article to the

principal Act.

added the following new article

3A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

Immediately after article 18 of the principal Act there shall be

added the following new article

19. Without prejudice to any provision of this Act

granting

the Minister the power to make regulations,

respect to exclusive

economic zone area the Minister may, subject to the provisions of the

Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the

purpose of regulating, prescribing or otherwise

providing for any matters regulated by or under this Act

or by or under any subsidiary legislation made

thereunder, in respect of an exclusive economic zone

area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or

otherwise of this Act and, or of any subsidiary

legislation made thereunder.".

PART XXXVIII

AMENDMENTS TO THE TRADEMARKS ACT

This Part amends the Trademarks Act and it shall be read and

construed as one with the Trademarks Act, hereinafter in this Part

referred to as "the principal Act".

Immediately after article 2 of the principal Act there shall be

added the following new article

2A. The provisions of this Act and of any

subsidiary

legislation made thereunder shall also apply,

exclusive economic

in accordance with the provisions of the 1982 United

Nations Convention on the Law of the Sea as ratified by

the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area

as defined in the Exclusive Economic Zone Act. Any

artificial island, installation, structure, equipment or

device therein shall, solely for the purposes of this Act

and any subsidiary legislation made thereunder, be

treated as if they were situated in Malta itself.".

In paragraph (j) of sub-article (1) of article 101 of the Amendment to

principal Act, the words "Member States relating to trademarks." shall article

the principal

be substituted by the words "Member States relating to trademarks;" Act.

and immediately after paragraph (j) thereof, as amended, there shall be

added the following new paragraph

"(k) to regulate activities taking place within an

exclusive economic zone area or an environment

protection area as defined in the Exclusive Economic

Zone Act.".

PART XXXIX

AMENDMENTS TO THE EXCLUSIVE ECONOMIC ZONE

ACT

This Part amends the Exclusive Economic Zone Act and it Amendments to

shall be read and construed as one with the Exclusive Economic Zone the

Economic Zone

Act, hereinafter in this Part referred to as "the principal Act".

Act.

In the title of the principal Act immediately after the words Amendment of

"other ancillary matters thereto" there shall be added the words "and to title

principal Act.

make provision for the exercise by Malta of its rights and powers in

relation to the exclusive economic zone pursuant to international law".

Article 2 of the principal Act shall be amended by the Amendment of

article 2 of the

principal Act.

(a) immediately after the definition "baselines" thereof

there shall be added the following new definition

" "competent authority" means the Office of the

Prime Minister of Malta, or such other body or person as

the Minister may prescribe and designate as the competent

authority for different purposes in terms of different

provisions of this Act;";

(b) immediately after the definition "continental shelf"

there shall be added the following new definition

" "dumping" means

(i) any deliberate disposal of wastes or other

matter from vessels, aircraft, platforms or other man-

made structures at sea;

(ii) any deliberate disposal of vessels,

aircraft, platforms or other man-made structures at

sea,

but does not include

(i) the disposal of wastes or any other matter

incidental to, or derived from the normal operations

of vessels, aircraft, platforms or other man-made

structures at sea and their equipment, other than

wastes or any other matter transported by or to

vessels, aircraft, platforms or other man-made

structures at sea, operating for the purpose of

disposal of such matter or derived from the treatment

of such wastes or other matter on such vessels,

aircraft, platforms or structures;

(ii) placement of matter for a purpose other

than the mere disposal thereof, provided that such

placement is not contrary to the aims of this Act,

international law and, or any other applicable law;";

(c) immediately after the definition "exclusive economic

zone area" there shall be added the following new definition

" "licence" means any agreement or document

evidencing authorisation, consent and approval granted by

the Minister in terms of this Act;";

(d) the definition "Minister" shall be substituted by the

following new definition

" "Minister" means the Prime Minister of Malta and

includes any other Minister, as may be designated by him

from time to time for any of the purposes of this Act;";

(e) in the definition "natural resources" the words "said

Zone or Areas" shall be substituted by the words "said exclusive

economic zone or Areas";

(f) the definition "safety zone" shall be substituted by

the following new definition

" "safety zone" means an area established by the

Minister in terms of article 9(1)(d), for the purpose of

ensuring the safety both of navigation and of the artificial

island, installation, structure, equipment or device with

respect to which such area is established and which shall

not exceed a distance of five hundred (500) metres around

the artificial island, installation, structure, equipment or

device concerned, measured from each point of its outer

edge;";

(g) immediately after the definition "safety zone", as

substituted, there shall be added the following new definition

" "ship" has the same meaning as assigned to it by the

Merchant Shipping Act;"; and

(h) in the definition "territorial waters" the words

"Contiguous Zone Act;" shall be substituted by the words

"Contiguous Zone Act." and immediately thereafter the

definition "Zone" thereof shall be deleted.

Article 3 of the principal Act shall be amended by the Amendment of

article 3 of the

following

principal Act.

(a) in paragraph (a) of sub-article (1) thereof the words

"the Zone or Area" shall be substituted by the words "the

exclusive economic zone or Area";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article (2)

"(2) The rights with respect to the seabed and

subsoil of any Area shall be exercised in accordance

with the Continental Shelf Act and any regulations made

thereunder.";

(c)

sub-article (3) thereof shall be substituted by the

following new sub-article (3)

"(3) The rights with respect to living resources

within any Area shall be exercised in accordance with

the Fisheries Conservation and Management Act and

any regulations made thereunder.";

(d) sub-article (4) thereof shall be substituted by the

following new sub-article (4)

"(4) The rights with respect to the activities for the

economic exploration and, or exploitation of any Area

shall be exercised in accordance with this Act, and any

regulations made thereunder, or by any other law and

regulations made thereunder, as may be made in order to

regulate such activities and, in each case, subject to the

requirements and, or conditions contained in the relevant

licence granting such rights.".

Article 4 of the principal Act shall be substituted by the

following new article

"4. The Minister may, from time to time, by order

published in the Gazette, designate an exclusive economic zone

area adjacent to the territorial waters and within the limits of the

exclusive economic zone, within which the rights and

jurisdiction referred to in article 3 are exercisable.".

Article 5 of the principal Act shall be substituted by the

following new article

" Prohibition of

5. (1) Except where authorised in accordance

with the provisions of this Act and any regulations

made thereunder, and subject to the requirements and,

or conditions contained in the relevant licence granting

such rights, no person shall in the exclusive economic

zone or any Area

(a) explore or exploit any natural

resources;

(b) carry out any search, excavation or

drilling operations;

(c) construct, erect, place or use, or

authorise and regulate the construction, operation

and use of any

(i) artificial island; or

(ii) installation,

structure,

equipment or device for any of the purposes

provided for in article 3 or for any other

economic purpose; or

(iii) installation,

structure,

equipment or device which may interfere

with the exercise of the rights of Malta in

the exclusive economic zone or any Area;

(d) conduct marine scientific research or

any other type of research;

(e) deploy and, or use any type of

scientific research installations or equipment;

(f) conduct a survey for the laying of a

submarine cable or pipeline or lay or maintain any

submarine cable or pipeline;

(g) carry out any dumping.

(2) Except where authorised in accordance with

the provisions of this Act and any regulations made

thereunder, and subject to the requirements and, or

conditions contained in the relevant licence granting

such rights, no person shall conduct any economic

activity relating to the matters, rights and activities

contemplated in article 3, in any Area.

(3) Any service, supply, importation, export, trade

and, or profession, which if carried out or exercised in

or from Malta would require a licence, authorisation,

permit, or warrant and, or the fulfilment of conditions,

requirements or criteria in terms of the laws in force in

Malta, shall not be carried out in any Area unless

directly related to a licence granted under this Act and

pursuant to such licence, authorisation, permit or

warrant, as applicable and, or in accordance with the

relevant conditions, requirements or criteria.

(4) Where both a licence under this Act, including

the regulations made thereunder and a licence under the

Continental Shelf Act including the regulations made

thereunder is required for the same purpose, these

licences shall be incorporated in one (1) licence.".

Article 7 of the principal Act shall be substituted by the Substitution of

article 7 of the

following new article

principal Act.

"7. The Minister may adopt measures in relation to any

Area which are necessary to protect Malta's coastline or any

segment or element of the marine environment or related

interests, including fishing and other economic activities, from

pollution or the threat of pollution.".

Article 8 of the principal Act shall be substituted by the

following new article

"8. In exercising their rights and performing their duties

under international law in the exclusive economic zone or any

Area, other States shall have due regard to the rights and duties

of Malta and shall comply with the laws adopted by Malta

pursuant to international law in respect of the exclusive

economic zone and, or the relevant Area, and with applicable

international law.".

Article 9 of the principal Act shall be substituted by the

following new article

" Power to make

9. (1) The Minister may, from time to time,

regulations or

make regulations or orders with respect to every

orders.

objective or any one (1) or more of the following

objectives

(a) regulating

the

exploration,

exploitation, conservation, management and

preservation of the natural resources of any Area

under this Act;

(b) regulating

or

prohibiting

the

construction, erection, placing, operation, use

and, or removal of artificial islands, installations,

structures, equipment or devices in any Area

under this Act

(i) in connection with exploration,

exploitation,

conservation

and,

or

management of the natural resources of any

Area or any part thereof;

(ii) in

connection

with

the

jurisdiction referred to in article 3(1)(b);

(iii) in places where they could cause

interference with the rights of the

Government of Malta to explore, exploit,

conserve or manage the natural resources of

any Area;

(iv) in places where they could cause

interference with the use of recognised sea

lanes essential to international navigation as

well as navigation within the territorial

waters of Malta;

(c) regulating the deployment and use of

any type of scientific research installations or

equipment in any Area;

(d) establishing safety zones around any

artificial islands, installations, structures,

equipment or devices, the construction, erection,

placing or use of which in any Area has been

authorised in terms of this Act or regulations

thereunder, at a location and extending to a

distance determined by the Minister;

(e) regulating the laying, maintenance

and monitoring of submarine cables and pipelines

in any Area;

(f) regulating marine scientific research

in any Area;

(g) regulating dumping in any Area;

(h) prescribing

such

measures

as

considered necessary in any safety zone for both

the safety of navigation and for the protection of

the artificial island, installation, structure,

equipment or device in any Area with respect to

which the safety zone is established;

(i) regulating or prohibiting the entry of

ships into any safety zone;

(j) prescribing measures that shall be

taken in any safety zone for the protection and the

preservation of the marine environment, as well

as the protection and preservation of the natural

resources of any Area;

(k) prescribing the notice that shall be

given for the construction, erection, or placing of

artificial islands, installations, structures,

equipment or devices in any Area;

(l) prescribing those permanent means

that shall be installed for the purpose of giving

warning to shipping and aircraft of the presence

of artificial islands, installations, structures,

equipment or devices in any Area;

(m) prescribing the appropriate means for

publicity about the depth, position and

dimensions of any installations or structures

which are not entirely removed from any Area;

(n) providing for the removal of artificial

islands, installations, structures, equipment or

devices constructed, erected, or placed in any

Area which have been abandoned or have fallen

into disuse;

(o) providing for the removal of

submarine cables and, or pipelines laid or

maintained in any Area which have fallen into

disuse or are beyond repair;

(p) prohibiting

or

restricting

any

exploration or exploitation of

(i) any Area or any specified part

thereof; or

(ii) its natural resources;

(q) protecting and preserving the marine

environment in any Area;

(r) providing for such matters as are

necessary, including the prescription of fees and

levying of taxes, for giving full effect to this Act

and any regulations made thereunder, and for the

due administration thereof;

(s) regulating the exploration and

exploitation of any Area for the production of

energy from the water, currents and winds and for

any other economic purposes;

(t) regulating licensing procedures with

regard to activities carried out in any Area;

(u) providing for any other matters as are

necessary or expedient for giving full effect to

Malta’s sovereign rights and jurisdiction in the

exclusive economic zone, including an Area;

(v) prescribing the minimum and

maximum punishments, whether by way of fine

(multa) or of imprisonment, that shall be applied

in respect of any contravention or non-observance

of any regulation made under this article

Provided that any punishment prescribed in the

regulations made under this paragraph shall not exceed

a fine (multa) of two million euro (€2,000,000), and

shall not exceed a term of five (5) years imprisonment,

or both, in respect of any contravention or non-

observance of any regulation made under this article

Provided further that notwithstanding the

preceding proviso, in the case of offences resulting in

s e r i o u s i n j u r i e s a n d , o r de a th, the punishme nt

prescribed in the regulations made under this paragraph

may exceed a term of five (5) years imprisonment.

(2) By virtue of this article, the Minister shall also

be empowered to make any regulations or orders as

may be required for the proper implementation and

administration of this Act and any of the regulations

made thereunder.

(3) Regulations and orders made under any of the

provisions of this Act may be made in the English

language only.".

Article 10 of the principal Act shall be substituted by the Substitution of

article 10 of the

following new article

principal Act.

10. (1) Any act or omission which

(a) involves or takes place on, under or

above an artificial island, installation, structure,

equipment or device in any Area or in a safety

zone established by the Minister; and

(b) would, if taking place in any part of

Malta, constitute an offence under the law in force

in Malta,

shall be treated for the purposes of that law and of

any other law in force in Malta as taking place in

Malta itself.

(2) For the purposes of civil jurisdiction

exercisable by any court, tribunal or board of Malta,

any artificial island, installation, structure, equipment

or d evice in any Area and, or in a safety z one

established by the Minister, shall be treated as if they

were situated in Malta itself.

(3) Any maritime enforcement officer shall in any

Area, including on any artificial island, installation,

structure, equipment or device therein, and, or in a

safety zone as may be established by the Minister, have

all powers, protection and privileges which he has

under any law in force in Malta.

(4) The Minister may, by regulations or orders

made in terms of article 9(2), limit the powers,

competences and, or functions, of any authority, organ

or body established under the laws of Malta with

respect to any activities taking place in any Area,

including on any artificial island, installation or

structure therein and, or in a safety zone established by

the Minister, in terms of and for the purposes of this

Act.

(5) Where the jurisdiction of any authority, organ

or body established under the laws of Malta does not

extend to any Area and, or a safety zone established by

the Minister, the Minister may, by regulations or orders

made in terms of article 9(2), extend the applicability of

those powers, competences and, or functions which

such authority, organ or body has in terms of the laws of

Malta to activities taking place in any Area and, or a

safety zone established by the Minister, as if such

activities had taken place in Malta.".

Immediately after article 12 of the principal Act there shall be

added the following new article

13. For the purposes of the implementation of the

provisions of this Act and regulations made thereunder,

the Minister may designate any person as a competent

authority for the purposes of the implementation and

for the exercise of any rights and duties therein.".

Passed by the House of Representatives at Sitting No. 154 of the

11th October, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.60