PORTS AND SHIPPING ACT

PORTS AND SHIPPING

CHAPTER 352

PORTS AND SHIPPING ACT

To provide for the establishment of ports in Malta, for the registration and licensing of

boats and ships and to regulate the use thereof within the territorial waters of Malta and to

establish fees and dues and other matters ancillary to shipping.

2nd August, 1991;

1st January, 1992

1st May, 1993

ACT XVII of 1991 as amended by Acts: XV and XXIV of 1995, XIV and XVI of 1997;

Legal Notice 141 of 1998 ; Acts XXIII of 2000 , VII of 2004 and XXXII of 2007 ; Legal

Notice 425 of 2007 ; and Act XV of 2009 .

The short title of this Act is the Ports and Shipping Act.

(Articles 3 and 30)

PART I

The Grand Harbour of Valletta but excluding the following areas

(a) the area of land bordered in red on plan L.D. 91A/98

(b) the area of land bordered in red on plan L.D. 97/98

(c) the area of land bordered in green on plan L.D. 91B/98

(d) the area of land bordered in green on plan L.D. 91C/98.

Plans L.D. 91A/98, L.D. 97/98, L.D. 91B/98 and L.D. 91C/98

are annexed to the deed dated 1st June, 1998 published by Notary

Vincent Miceli and entered into between the Government of Malta

and the former Malta Maritime Authority.

PART II

1. Marsamxett Harbour

2. Marsaxlokk Harbour

3. Saint Paul’s Bay

4. The landing places at -

(a) Ramla-il-Bir;

(b) I`-~irkewwa

5. M[arr, Gozo

PART III

1. The Grand Harbour of Valletta other than those areas

thereof excluded in Part I.

2. Marsamxett Harbour

3. Marsaxlokk Harbour

4. M[arr, Gozo.

PORTS AND SHIPPING

PART IV

1. Ta’ Xbiex Yachting Centre

2. Msida Yachting Centre

3. Sliema Yachting Centre

4. M[arr Yachting Centre, Gozo

In this Act, unless the context otherwise requires -

"the Authority" means the Authority for Transport in Malta

established under the Authority for Transport in Malta Act;

"boat" means a small water craft, propelled by oars, sails,

engines or other methods;

"charges" means the charges that may be levied under article 14;

"contractor" means a person acting in pursuance of an agreement

entered into with the Authority in pursuance of article 10(2) of the

Authority for Transport in Malta Act;

"dues" means the dues that may be levied under article 14;

"fees" means the fees that may be levied under article 14;

"fishing vessel" means a vessel being used or registered to be

used or, in the case of an application for registration, intended to be

used, for, or in connection with, fishing;

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

other movable property of any kind whatsoever;

"laid-up vessel" means a vessel which is in any port and which is

not regularly used in accordance with the uses proper for such type

of vessel for a period exceeding fourteen days; and for the purpose

of this definition "vessel" includes a floating dock, a floating crane,

salvage or lifting equipment, whether afloat, submerged or

mounted on any sea-craft, and a lighter, whether propelled by

mechanical means or otherwise or towed, but does not include any

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

or any vessel which is in any port to undergo repairs

Provided that the Authority may, for the purposes of this

definition, at its discretion, declare that a boat or sea-craft is not

being used solely for pleasure or in the fishing industry, or that a

vessel is not undergoing repairs, and any such vessel shall be

treated as a laid-up vessel;

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

having command or charge of the ship for the time being, but does

not include a pilot;

"Minister" means the Minister responsible for transport;

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

public officer detailed for duty with the Authority;

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

the ship;

"port" means the place declared to be a port by or under article 3,

and includes wherever appropriate a yachting centre unless a

separate provision is made in respect of such centre;

PORTS AND SHIPPING

"prescribed" means prescribed under this Act;

"public officer" has the same meaning as is assigned to it by

article 124 of the Constitution;

"rates" means the rates that may be levied under article 14;

"ship" means every description of vessel used in navigation,

whether self propelled or not, and it includes barges, oil rigs,

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

"territorial waters" means all parts of the open sea within twelve

nautical miles of the coast of Malta, or such other distance as may

be established under article 3 of the Territorial Waters and

Contiguous Zone Act, measured as in that Act provided, and

includes any waters enclosed between the base lines therein

mentioned and the coast;

"vehicle" means any vehicle other than a ship;

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

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

of warehousing or depositing goods for the purposes of this Act;

"yacht" means a registered sea going ship used solely for

pleasure and accepted as such by the Authority;

"yachting centre" means such place as is declared to be a

yachting centre by or under article 3.

PART II

Declaration and Regulation of Ports

(1) The Minister may, after consultation with the

Authority, by order -

(a) declare any place together with any land area in Malta

to be a port, or a yachting centre, within the meaning

of this Act;

(b) establish the limits of any place declared to be a port,

or yachting centre in accordance with paragraph (a) of

this subarticle;

(c) declare any navigable water or land area to be an

approach to a port or yachting centre, within the

meaning of this Act.

(2) Without prejudice to the other provisions of this article the

places specified in Part I and II of the Schedule to this Act are

hereby declared to be ports; the places specified in Part III of the

said Schedule are hereby declared to be compulsory pilotage ports

and the places specified in Part IV of the said Schedule are hereby

declared to be yachting centres.

(3) Without prejudice to his powers of revoking, varying or

substituting any order made under this article, the Minister may

also, after consultation with the Authority, by order revoke, vary or

substitute the Schedule to this Act.

PORTS AND SHIPPING

(1) No boat or ship shall be used in the territorial or inland

waters of Malta unless such boat or ship is registered with the

Authority in a Small Ships Register established in terms of

regulations made under this article, or unless such boat or ship is

registered under the Merchant Shipping Act, or unless such boat or

ship is registered or documented to the satisfaction of the Authority

under the law of any country other than Malta.

(2) No boat or ship shall be used for or in connection with any

trade, business or calling in the territorial and inland waters of

Malta -

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

Authority for that specific trade, business or calling; or

(b) unless, when such boat or ship is being used as a

fishing vessel, it is licensed for such purpose by the

Minister responsible for fisheries.

(3)

The Minister may make regulations

(a) regulating the mode of registration of any boat or ship

in a Small Ships Register mentioned in subarticle (1);

(b) prescribing the requirements that have to be satisfied

for such registration, including its renewal and

termination;

(c) prescribing without prejudice to the generality of this

subarticle, the fees payable upon such registration and

for any service in respect thereof;

(d) prescribing the requirements for the use of any boat or

ship in the territorial and inland waters of Malta, and

for the use of any boat or ship registered in the Small

Ships Register provided for in this article; and

(e) regulating the use of any boat or ship in the territorial

and inland waters of Malta;

(f) regulating -

(i) the services that are to be provided in a ship or

boat licensed to be used in any trade, business or

calling; and

(ii) the services that may or may not be provided

under any licence as aforesaid;

(g) regulating the licensing of any trade business or

calling involving the use of boats or ships referred to

in subsection (2).

The master of any ship arriving at Malta from any place

beyond the seas shall produce to the Authority -

(a) the ship’s register and the ship’s papers;

(b) the manifest in duplicate of all cargo to be unshipped

at Malta;

and shall also supply to the Authority such other information in

relation to the ship and to the passengers, animals and cargo thereof

as may be prescribed, and any information of a similar kind as the

PORTS AND SHIPPING

Authority in its discretion may require.

(1) Before applying for outward clearance from a port in

accordance with the provisions of this Act and of any other law in

force from time to time, the master of a ship shall produce to the

Authority -

(a) a statement containing the number of passengers

embarked in Malta;

(b) an account in writing of the kinds, quantities, weights

and measurement of cargo landed or loaded in Malta;

and shall also supply to the Authority such other information

relating to the ship and to the passengers, animals and cargo

thereof, as may be prescribed or as the Authority in its discretion

may require

Provided that the master of a ship may be exempt from such

duties where the owner or agent, or the representative of the owner

of the ship guarantees to the satisfaction of the Authority that he

will discharge such duties in lieu of such master within such time

and under such conditions as may be prescribed or as the Authority

may determine.

(2) The particulars required under subarticle (1) shall be

produced or supplied in such form, in such number of copies and

within such time as may be prescribed or as the Authority may

require.

(1) Any person presenting goods to the Authority or to a

contractor for shipment or warehousing, or claiming the delivery of

goods from a warehouse shall supply such information in relation

to the goods as may be prescribed or as the Authority or the

contractor may require.

(2) The particulars required under subarticle (1) shall be

produced or supplied in such form and within such time as may be

prescribed or as the Authority or the contractor may determine.

(3) Where the production of documents for the withdrawal of

goods from warehouse is prescribed under this Act for the purposes

of this article, the Authority or the contractor shall be relieved of

all responsibility in respect of the delivery of the goods if the

Authority or the contractor delivers the goods to which the

documents relate to the person presenting such documents.

The master and the agents of a ship shall be responsible to

ensure that the ship is at all times while she is in port properly

manned as required by the Authority

Provided that the Authority may, in writing and under such

conditions as it may deem appropriate, allow a ship in port to be

manned by a reduced crew.

(1) The master, owner or agent of a ship, shall not lay up

such ship or retain unduly a ship in a port except with the prior

written permission of the Authority.

(2)

In granting such permission the Authority may make such

PORTS AND SHIPPING

conditions as it may deem appropriate and in particular may specify

the time during which such ship be so laid up.

(3) Upon the expiry of such time, or on any contravention or

non-compliance with any such condition as aforesaid, the

permission granted by the Authority shall lapse, subject to the

Authority renewing any such permission.

(4) The Authority may, upon giving not less than three days’

notice cancel any permission granted under this article.

(1) The Authority may direct any ship laid up in a port in

Malta without permission to leave such port within such time as it

may establish.

(2) It shall be the responsibility of the master, owner or agent

of the ship, to comply with any direction given as aforesaid.

(3) Notwithstanding any other provision of law, a laid-up ship

in any port in Malta shall, after being directed to leave, be liable to

be sold as provided in this article.

(4) Upon fourteen days’ notice to the master of the ship, the

Authority may apply to the Civil Court, First Hall, for an order that

the ship be sold judicially; and the judicial sale shall be held within

forty-five days from the date on which the order of the court is

made.

The master, owner or agent of a ship, may severally, or

jointly and severally, be required to produce such security to cover

dues, rates, charges, fees or expenses due to the Authority in

respect of such ship to such amount as the Authority may require.

The powers conferred by this Act on the Authority in

respect of laid-up ships may be exercised by the Authority

notwithstanding any warrant issued by any court in respect of the

ship over which those powers are exercised, so however that where

a warrant is issued in respect of that ship, such powers may only be

exercised if the Minister declares that such exercise is necessary in

the national interest; and such declaration by the Minister may not

be challenged in any court.

A ship agent, who has performed any act in respect of the

ship required to be performed by any of the provisions of this Act

or who has incurred or has made any payment or entered into any

liability in respect of a ship in any port, shall for the purposes of

this Act be deemed to be the agent of the ship, during the time such

ship remains in Malta

Provided that the said ship agent shall no longer be deemed

the agent of the ship as aforesaid if the ship owner has replaced the

said ship agent, and has appointed another ship agent to represent

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

agent so replaced shall no longer be deemed to be the agent of the

ship from the date of the appointment of the subsequent ship agent

by the ship owner.

PORTS AND SHIPPING

PART III

Port Dues, Charges and Rates

(1) The Authority shall levy the dues, rates, charges and

fees which may from time to time be prescribed.

(2) The following persons shall be liable for the payment of

any dues, charges or fees levied under this Act

(a) the master or owner of the ship;

(b) the agent of the ship, who shall have paid or made

himself liable to pay any charge on account of such

ship

Provided that the ship agent’s liability for such charges

shall not exceed a maximum of the amount up to which

the agent enjoys a privilege under article 50 of the

Merchant Shipping Act.

(3) Where any dues, charges or fees levied under this article are

paid by the agent or representative made liable for payment by

subarticle (2)(b), such agent or representative may retain out of any

moneys in his hands received on account of the ship, or the owner

thereof, the amount paid by him together with any reasonable

expense he may have incurred by reason of such payment or

liability.

(1) For the amount of all rates leviable under this Act in

respect of any goods, the Authority shall have a lien or privilege on

such goods and shall be entitled to seize and detain the same until

such rates are paid in full.

(2) Rates in respect of goods to be landed shall become payable

immediately on the landing of such goods.

(3) Rates in respect of goods to be removed from warehouses,

or to be shipped by sea, shall be payable before such goods are

removed or loaded, as the case may be

Provided that for the purpose of preventing delay, the

Authority may allow goods to be placed on a ship before such rates

are paid, and in such cases the Authority shall retain the ship’s

receipts as security for the payment of such rates.

(4) The lien or privilege for such rates shall have priority over

all other privileges and hypothecs on the goods and a claim in

respect of such rates shall be paid in preference to all other claims,

whether privileged or hypothecary, on such goods notwithstanding

any other provision of law to the contrary.

PORTS AND SHIPPING

(1) If the master or owner of a ship or an agent or

representative of any such person, or the person by whom the goods

are landed, gives reasonable notice in writing to the Authority that

any goods that are about to be landed or have been landed at any

warehouse are subject to a lien or privilege for freight, general

average, or charges to an amount mentioned in such notice, the

Authority may retain such goods, at the risk and expense of the

owner of the goods, until the lien or privilege is discharged as

hereinafter mentioned or until it is entitled, under the provisions

hereinafter specified, to sell them, or until the goods are transferred

to a Government warehouse as defined in the Customs Ordinance in

accordance with the provisions of that Ordinance.

(2) Nothing in this article shall be construed as requiring the

Authority or a contractor, as the case may be, to take into custody

any goods which the Authority or the contractor may refuse to

accept under the provisions of this Act, or as requiring the

Authority to inquire into the validity of any claim made in any

notice given under subarticle (1).

Upon production to the Authority of a document purporting

to be a receipt for the amount claimed as due, or a release for the

amount of any lien or privilege to which goods are liable under

article 15 from the person by whom or on whose behalf notice has

been given, the Authority may permit such goods to be removed

without regard to the lien or privilege, provided the Authority has

used reasonable care in establishing the authenticity of such

document.

(1) Notwithstanding any lien or privilege mentioned in

articles 15 and 16, if the rates payable to the Authority in respect of

any goods are not paid, the Authority may, after the expiration of

ninety days from the time the goods were placed in its custody or

that of the contractor, or if the goods are of a perishable nature after

such earlier period, not being less than twenty-four hours, after the

landing of the goods, as the Authority considers appropriate, sell by

public auction the said goods or so much as is necessary to meet the

expenses, and pay the rates and other claims hereinafter directed to

be paid out of the proceeds of such sale.

(2) Before making such sale ten days’ notice of the same shall

be given in the Gazette unless the goods are of so perishable a

nature as, in the opinion of the Authority, to render their immediate

sale necessary or advisable, in which event such notice shall be

given as the urgency of the case requires.

(3) If the address of the owner of the goods or of his agent has

been stated on the manifest of the cargo, or in any of the documents

delivered to the Authority, or is otherwise known, and such address

is in Malta notice shall also be given to the owner of such goods by

letter delivered at such address or sent by post; but the title of a

bona fide purchaser shall not be invalidated by reason of the

omission to send the said notice, nor shall such purchaser be

required to inquire whether such notice has been sent.

(4) If at the auction held under this article any of the goods

remain unsold, the Authority shall dispose of them in such manner

PORTS AND SHIPPING

as it deems fit.

(1) The proceeds of any sale or disposal of goods in

accordance with article 18, shall be applied as follows and in the

following order

(a) in payment of the expenses of the sale or disposal;

(b) in payment of the rates and expenses due to the

Authority in respect of the goods;

(c) in payment of the freight and other claims or lien or

privilege of which notice has been given under article

16;

(d) in payment of any customs or excise duty or levy

which may be due on the goods;

and any surplus, if any, shall be paid to the owner of the goods on

demand

Provided that where the proceeds of any such sale or disposal

are not sufficient to cover the duties or levies referred to in

paragraph (d) hereof, the said sale or disposal shall still be

proceeded with and the said duties or levies shall be deemed to be

reduced to such sum, if any, as remains for the payment thereof.

(2) If no such demand as aforesaid is made within one year

from the sale of goods, the surplus shall be retained by the

Authority, and thereupon all rights of the owner to the same shall

be extinguished.

If any amount in respect of dues, rates, fees or other

charges leviable in accordance with the provisions of this Act

against any ship is outstanding, then, at the request of the

Authority, such ship shall not be given any discharge or clearance

outwards under the Customs Ordinance until -

(a) the amount of such dues, rates, charges or fees has

been paid; or

(b) security has been given to the satisfaction of the

Authority for the payment thereof.

The Authority may authorize any of its officers and

employees or any other person to board any ship, within or outside

a port, to establish the proper amount payable in respect of such

ship.

If any differences arise between the Authority and the

master or owner of a ship, or the owner of any goods, or the agent

o f a n y s u c h p e r s o n a s a f o r e s a i d , c o n c e r n i n g t h e we i g h t o r

measurement of the goods in respect of which any dues, rates or

charges are payable, the Authority shall cause all such goods to be

weighed or measured and may, if it deems it so expedient, detain

the ship from which such goods have been discharged until they

have been weighed or measured.

PORTS AND SHIPPING

(1) If the weight or measurement of such goods proves to

be more than that shown by the particulars delivered by the master

or the owner of the goods, or the agent of any such person in

accordance with articles 5, 6 and 7, the expenses of such weighing

or measuring shall be paid to the Authority by the master of the

ship, or the owner of the goods, or the agent of any such person, in

accordance with the provisions of this Act and shall be recoverable

in the same manner as dues, rates or charges leviable under this

Act.

(2) If the weight or measurements of such goods proves to be

the same as, or less than, that shown by the particulars delivered as

aforesaid, the Authority shall bear all the expenses of such

weighing or measuring.

(1) Without prejudice to any other remedy allowed by law,

if the master of a ship in respect of which dues, rates or charges

leviable under this Act are payable refuses or neglects to pay such

dues, rates or charges on demand, the Authority may issue an order

restraining such ship from sailing.

(2) Such dues, rates or charges, which are certain, liquid and

due, and which are leviable under this Act shall, following the issue

of an order by the Authority restraining such ship from sailing,

constitute and be deemed to be an executive title in favour of the

Authority, enforceable solely against the said ship, for the purposes

of article 253 of the Code of Organization and Civil Procedure.

Where -

(a) any goods or the proceeds of the sale or disposal of

any goods are in the possession of the Authority or a

contractor and such goods or proceeds are claimed by

two or more persons; or

(b) any person claiming any goods in the possession of the

Authority or of a contractor does not produce the

documents, showing that he is entitled to take delivery

thereof,

the Authority or the contractor may withhold delivery of such

goods or proceeds until the person appearing to the Authority or the

contractor to be entitled thereto has given an indemnity to the

satisfaction of the Authority and the contractor against the claims

that may be advanced by any other person with respect to such

goods or proceeds.

Notwithstanding anything contained in this Act, the

Authority may take any judicial action under any other law for the

recovery of any dues, rates, charges, expenses, costs and other

debts or, in the case of sale, to recover the balance thereof when the

proceeds of the sale are insufficient.

(1) Subject to the provisions of this Act, the Minister may,

after consultation with the Authority, make regulations -

(a) for the levying of dues, charges or fees upon any ship,

that is to say -

PORTS AND SHIPPING

(i)

dues, charges or fees in respect of ships entering

or leaving a port, or being within a port or in the

territorial waters of Malta;

(ii) port dues, charges or fees in respect of

passengers, animals or cargo carried by any ship;

(iii) pilotage, lighting, mooring, buoyage, anchorage

or accostage dues or other dues, charges or fees

on ships;

(b) for the levying of any charges or of rates for the use of

any works, appliances or equipment provided or any

service performed or to be performed in respect of any

ship or of any goods, by the Authority or by a

contractor, and without prejudice to the generality of

the foregoing, for any of the following

(i) the landing, shipping, wharfage, craneage,

storage, carriage or demurrage of goods

discharged from, or loaded on, or presented for

loading on, any ship;

(ii) the use by any ship, or person of any wharf,

quay, pier, dock, landing place or other facility

or installation owned by the Authority or over

which it exercises authority;

(iii) the use of any gear, tackle, tools, instruments,

equipment, staging or vehicles supplied by the

Authority or by a contractor;

(iv) the use of any ship or lighter, or any engine, boat

or vehicle, or of any appliance for the extinction

of fire owned or administered by or in the

possession of the Authority or a contractor;

(v) the towing of, the rendering assistance and

service to, any ship, in any place;

(vi) for the supply of water to any ship by the

Authority or by a contractor;

(vii) the charges or rates payable by consignees,

consigors or shippers of goods to persons

undertaking the unloading, landing, loading,

shipping, or handling of goods between ship’s

hold or deck and rail, ramp, door or ship’s tackle

or any wharf or other place appointed for the

purpose or between ship’s rail, ramp, door or

ship’s tackle and any wharf;

(c) conferring power on the Authority to assimilate for

any of the purposes of article 14, any work, service or

facility which is not specifically mentioned in any

regulations made under this subarticle to those

specifically mentioned in such regulations with which,

in the opinion of the Authority, they bear an analogy;

(d) prescribing the conditions under which any work or

service in respect of which a rate or a charge is levied

will be performed or provided by the Authority or a

PORTS AND SHIPPING

contractor;

(e) providing for the exemption of any ship, or class or

classes of ships, or any passenger, animal or goods

from all or any dues, rates, charges or fees or for the

refund or remission thereof, or of part thereof;

(f) prescribing fees in respect of any licence or permit

issued or given by the Authority under any of the

provisions of this Act;

(g) prescribing anything that is to be, or may be

prescribed, under this Act;

(h) generally for giving better effect to any of the

provisions of this Act.

(2) For the avoidance of doubt, regulations made under this

article may -

(a) prescribe different dues, rates, charges or fees for

different ports and for yachting centres;

(b) prescribe different dues, rates, charges or fees for

different classes of ships, or passengers, animals or

goods;

(c) make provision allowing the Authority to enter into

special agreements with respect to any matter referred

to in this article in place of any dues, rates, charges or

fees leviable under this Act.

The provisions of this Part of this Act shall apply to goods

which are the property of the Government, but shall not apply to -

(a) any ship registered in Malta and used exclusively or

mainly in the fishing industry or fishing trade;

(b) any ship belonging to a foreign Government, provided

she does not engage in trade or commerce;

(c) seacraft, whether self-propelled or not, below ten gross

tons.

PART IV

Legal Proceedings

Notwithstanding the provisions of any other law, no action

shall lie against the Authority or a contractor in relation to their

responsibilities under this Act, or for any loss or damage caused to

any person, vessel, goods, vehicles or other things whatsoever on

board a ship unless -

(a) a claim in writing, giving such particulars as may

reasonably be necessary, is given to the Authority or

the contractor, as the case may be, not later than six

months after the date on which the goods were

accepted by the Authority or the contractor;

(b) the action is commenced within twelve months from

the date aforesaid

PORTS AND SHIPPING

Provided that the Authority or the contractor, as the case may

be, may extend the period specified in paragraph (a) by such

further period not exceeding six months as it may deem fit if it is

satisfied that the claim could not reasonably have been made within

the period specified as aforesaid

Provided further that the Authority or the contractor, as the

case may be, shall not be liable beyond such limits or amounts

established by law, or in such circumstances as may be prescribed.

If the amount paid to the Authority or the contractor for

any dues, rates, charges or fees due under this Act, is found to be

incorrect, then if such amount is -

(a) an overcharge, the person who paid the dues, rates,

charges or fees shall be entitled to a refund of the

amount on the overcharge;

(b) an undercharge, the Authority or the contractor shall

be entitled to collect the amount of the undercharge

from the person who paid the dues, rates, charges or

fees

Provided that, notwithstanding the provisions of any other

law, any such overcharge or undercharge shall not be recoverable

unless a notice in writing, containing such particulars as may

reasonably be necessary, is given by the party claiming the refund

or collection to the party from whom it is claimed, not later than

two years after the acceptance of the goods by the Authority or the

c o n t r a c t o r, a s t h e c a s e m a y b e , s o h o w e v e r t h a t w h e r e t h e

undercharge is due to any description or other information

subsequently found to be incorrect the period of two years

aforesaid shall commence on the date on which the Authority or the

contractor, as the case may be, first discovers the incorrectness of

the description or information.

Any notice or other document required or authorised by or

under this Act to be served on any person by the Authority or a

contractor may be served -

(a) by delivering it to the person; or

(b) by sending it by registered post addressed to the

person at his usual or last known address;

and if service is made as provided for in paragraph (b) it shall be

sufficient to prove service to show that the notice or other

document was properly addressed and posted.

PART V

Offences and Penal Provisions

Any person who, wilfully or negligently -

(a) removes or alters any lighthouse, buoy, beacon or

other light placed by the Authority, or

(b) rides by, or makes fast to, or runs foul of any

lighthouse, buoy, beacon or other light as aforesaid,

PORTS AND SHIPPING

shall be guilty of an offence and be liable, on conviction, to a fine

(multa) not exceeding two thousand and five hundred euro

(€2,500).

(1) Whenever any light is exhibited in any place or in such

manner as to be liable to be mistaken for a light proceeding from a

lighthouse, buoy or beacon, or other light placed by the Authority,

the Authority may serve a notice on the owner or occupier of the

place where the light is exhibited or on the person having charge of

the light, directing the owner, occupier or other person, to take,

within a reasonable time to be specified in the notice, effectual

means for extinguishing or effectually screening the light and for

preventing the same or similar light being exhibited thereafter.

(2) Such notice may also be served by affixing the same in

some conspicuous spot near the light to which the notice relates.

(3) Any owner, occupier or other person on whom a notice is

served under this article who fails without reasonable cause to

comply with the directives contained in the notice, shall be guilty

of an offence and be liable, on conviction, to a fine (multa) not

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

further fine (multa) not exceeding two hundred and fifty euro

(€250) for every day during which the offence continues.

Whosoever wilfully obstructs any officer of the Authority

in the performance of his duties under this Act, or any person in the

p e r f o r m a n c e of a n y a c t h e i s a u t h o r i s e d t o pe r f o r m b y t h e

Authority, shall be guilty of an offence and be liable, on conviction,

to imprisonment for a term not exceeding six months or to a fine

(multa) not exceeding six months or to a fine (multa) not exceeding

four thousand and seven hundred and fifty euro (€4,750), or to both

such fine and imprisonment.

If -

(a) any ship navigates without a pilot in circumstances in

which a pilot is to be engaged under any of the

provisions of this Act or any regulations made

thereunder, or

(b) the master of the ship refuses to comply with any

request made under this Act, or makes or is privy to

the making of any false statement in answer to such

request,

the master of such ship shall be guilty of an offence and shall be

liable, on conviction, to a fine (multa) not exceeding four thousand

and seven hundred and fifty euro (€4,750).

(1) Any pilot who, while piloting a ship by wilful breach

of duty, or by neglect of duty or by reason of drunkenness -

(a) does any act tending to the immediate loss, destruction

or serious damage of such ship or tending immediately

to endanger the life or limb of any person; or

(b) refuses or omits to do any lawful act proper and

requisite to be done by him for preserving such ship

from loss, destruction or serious damage, or preserving

PORTS AND SHIPPING

any person from danger to life or limb,

shall be guilty of an offence and be liable, on conviction, to

imprisonment for a term not exceeding one year or to a fine (multa)

not exceeding eleven thousand and seven hundred and fifty euro

(€11,750), or to both such imprisonment and fine.

(2) Any pilot who fails to comply with the provisions of article

38 shall be guilty of an offence and be liable, on conviction, to a

fine (multa) not exceeding one thousand and one hundred euro

(€1,100).

Any person who offers his services as a pilot or acts as a

pilot without the permission of the Authority and without being

duly licensed, or whilst his licence as a pilot is cancelled,

suspended or revoked, and any pilot who lends his licence to, or

allows his licence to be used by, any other person, or who pilots

ships outside the limits specified in his licence or who acts as a

pilot while under the influence of drink or drugs, shall be guilty of

an offence and shall be liable, on conviction, to imprisonment for a

period not exceeding one year or to a fine (multa) not exceeding

eleven thousand and seven hundred and fifty euro (€11,750), or to

both such imprisonment and fine.

If the master, owner or agent of a ship or the owner or

consignor or consignee of any goods, evades or attempts to evade,

by any means whatsoever, the payment of any dues, rates, charges

or fees leviable under this Act, he shall be guilty of an offence and

shall be liable, on conviction, to imprisonment for a term not

exceeding twelve months or to a fine (multa) not exceeding two

thousand and five hundred euro (€2,500), or to both such

imprisonment and fine, and shall in addition be liable to pay to the

Authority a penalty triple the amount of the dues, rates, charges or

fees he evaded or attempted to evade.

Any master of a ship who contravenes any of the

provisions of articles 5 or 6, shall be guilty of an offence and shall

be liable, on conviction, to imprisonment for a period not

exceeding three months or to a fine (multa) not exceeding one

thousand and two hundred euro (€1,200) or to both such

imprisonment and fine.

Any person who makes, whether knowingly or recklessly,

any statement which is false in any material particular in any

return, claim or other document which is requested or authorised to

be made by or under this Act, shall be guilty of an offence and shall

be liable, on conviction, to imprisonment for a period not

exceeding twelve months or to a fine (multa) not exceeding seven

thousand euro (€7,000), or to both such imprisonment and fine.

If any person taking part in the loading, unloading or

warehousing of goods in any port endangers the safety of life, limb

or property -

(a) by contravening any of the provisions of this Act or of

any regulations made or deemed to be made

thereunder; or

PORTS AND SHIPPING

(b) by any rash or negligent act,

he shall be guilty of an offence and shall be liable, on conviction, to

imprisonment for a period not exceeding six months or to a fine

(multa) not exceeding two thousand and three hundred euro

(€2,300) or both to such imprisonment and fine.

Any person who fails to comply with any direction given

by the Authority in exercise of its powers under this Act, or who

fails to comply with any provision of this Act or of any regulations

made thereunder, shall be guilty of an offence and, unless another

penalty is established for such offence in this Act, be liable, on

conviction, to a fine (multa) not exceeding eleven thousand and six

hundred euro (€11,600), or to imprisonment for a term not

exceeding twelve months, or to both such fine and imprisonment,

and in the case of a continuing offence to a further fine (multa) not

exceeding one thousand and one hundred euro (€1,100) for every

day during which the offence continues.

A contractor and any of his employees, other than port

workers registered under the provisions of the Port Workers

Ordinance, whilst acting within the scope of his employment in

pursuance of an agreement entered into between the Authority and

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

Malta Act shall be deemed to be a public officer or employee for

the purposes of the Criminal Code and of any other law of a penal

nature.

The punishments provided by or under this Act shall apply

unless the act constitutes a more serious offence under the Criminal

Code or some other law, in which case such Code or other law shall

apply, so however that no person shall be punished twice for the

same act or omission.

PART VI

Saving

* (1)

All regulations, orders and other subsidiary legislation

made under or kept in force by the Ports Ordinance † or by the Port

Dues Ordinance † , before it was repealed by the Malta Maritime

Authority Act or by the Malta Maritime Authority Act ‡ before it

was amended by the Authority for Transport in Malta Act, and in

force immediately before the coming into force of this article, shall

continue in force thereafter as if they had been made under the

corresponding provision of this Act and shall be treated

accordingly.

(2) Any funds established by or under any of the provisions of

the enactments referred to in sub-article (1) shall, notwithstanding

such repeal and as from the date thereof, continue in operation as if

they had been established under the corresponding provision of this

Act, and shall be treated accordingly.

*This article originally consisted of five subarticles. The original subarticles (1) and

(2) have been omitted under the Statute Law Revision Act, 1980.

†Repealed by this Act.

‡the short title of this Act before it was amended by Act XV of 2009.

PORTS AND SHIPPING

(3) Any licence, permission or other authority granted under

any of the provisions of the enactments referred to in sub-article

(1), and still in force immediately before the coming into force of

this Act, shall continue in force thereafter as if it were a licence,

permission or authority granted under the corresponding provisions

of this Act, and shall be treated accordingly.

Saving the provisions of article 45, none of the rights,

duties, powers and obligations vested in the Authority under this

Act shall diminish or alter any of the rights, duties, powers and

obligations vested in the Freeport Authority by the Malta Freeports

Act.