LANDS AUTHORITY ACT

LANDS AUTHORITY

CHAPTER 563

LANDS AUTHORITY ACT

To make provision for the establishment of the Lands Authority, to

regulate such activities and to provide for matters ancillary or incidental

thereto or connected therewith.

3rd February 2017 *

26th April 2017 †

ACT XLIII of 2016 as amended by Act XVII of 2017.

The short title of this Act is the Lands Authority Act.

In this Act unless the context otherwise requires, the

following expressions have the meaning hereby assigned to them

"agency of Government" means a body corporate established by

law and a company in which the Government or such body

corporate, or a combination thereof, has a controlling interest or

which is a subsidiary of such a company;

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

field of auditing;

"Authority" means the Lands Authority established under article

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

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

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

as a competent authority for different provisions and different

purposes of this Act or any regulations made thereunder;

" B o a r d " m e a n s t h e B o a r d of G o v e r n o r s o f t h e Au t h o r i t y

established by article 10;

"Chairperson" means the Chairperson of the Board of Governors who

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

10;

"days" means calendar days;

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

the 31st December

Provided that the first financial year shall start on the coming

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

following year;

"functions" includes responsibilities, powers and duties;

"Gazette" means the Government Gazette;

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

following land reclamation and also the sea and the seabed;

"local council" means a local council established under the Local

* See Legal Notice 39 of 2017 which brought into force, as from 3rd February, 2017,

articles 1 to 6, 7(4) to 7(8), 8 to 52 and 58 to 64.

†See Legal Notice 121 of 2017

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Government Act;

"Minister" means the Minister or Parliamentary Secretary under

whose portfolio the Authority is included;

"Prime Minister" means the Prime Minister of Malta and

includes any person authorised by the Prime Minister;

"policy" means a policy approved in accordance with the

provisions of this Act;

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

the Constitution;

"regulation" means a regulation made under article 58.

It shall be the duty of the Government to optimise land

resources and its building resources for the economic and social

development of Malta, through a comprehensive sustainable land

use and property use system, and to that effect

(a) ensuring the best use of Government land;

(b) providing an effective and reliable land management

system, including the issuance and guarantee of land

titles and geo-spatial demarcation of land; and

(c) enabling the full use of land and building information

for better land and property management and the

creation of new business opportunities.

The provisions of article 3 shall not be directly enforceable

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

contained are fundamental to the Government of Malta and these

principles shall be employed in the interpretation of the other

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

governed by this Act.

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

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

chairperson and not less than nine and not more than eleven

members.

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

distinct legal personality and shall be capable, subject to the

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

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

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

and entering into all such transactions as are incidental or

conducive to the exercise or performance of its functions under this

Act, including the borrowing of money.

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

vest in the Board

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

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

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

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

document whatsoever

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Provided further that in respect of any matter falling within

the functions vested in a Directorate, the legal and judicial

representation of the Authority shall also vest in the Chief Officer

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

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

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

issued by the Authority and signed by the Chairperson of the

Board, or such other member of the Board or officer of the

Authority as may by the Board, in accordance with sub-article (2),

be vested with the legal representation of the Authority, shall be

received in evidence and shall, until the contrary is proved, be

deemed to be an instrument made or issued by the Authority.

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

Government shall implement its duties under this Act.

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

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

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

previously assigned to the Lands Authority under the

provisions of the Commissioner of Land Ordinance or

any other law or subsidiary legislation and to perform

and succeed in the assets, rights, liabilities and

obligations of the Lands Authority under the

provisions of the Commissioner of Land Ordinance or

any other law or subsidiary legislation to the extent

that the Minister may prescribe by regulations under

this Act;

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

previously assigned to the Government of Malta under

the provisions of the Land Acquisition (Public

Purposes) Ordinance, Land (Compulsory Eviction)

Act, the Disposal of Government Land Act, the

Administration of Lands Act or any other law or

subsidiary legislation and to perform and succeed in

the assets, rights, liabilities and obligations of the

Government of Malta under the provisions of the Land

Acquisition (Public Purposes) Ordinance, Land

(Compulsory Eviction) Act, the Disposal of

Government Land Act, the Administration of Lands

Act, or any other law or subsidiary legislation to the

extent that the Minister may prescribe by regulations

under this Act;

(c) to administer in the most ample of manners and make

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

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

coastal perimeter, foreshores, harbours, quays, wharfs,

pontoons, portbeaches, landing places, berthing

places, waterways, aqueducts, lakes, natural springs,

cliffs, valleys, public squares, streets, alleys, lanes,

access routes to other public places including those

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leading to the coastal perimeter, woods, parks, areas of

ecological or environmental importance and sites of

cultural, social or historical importance;

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

time be assigned to it by the Minister, including the

functions required to give effect to any international

obligation entered into by Malta relative to matters

regulated by this Act;

(e) to advise the Government generally on the formulation

of policies with regard to land in Malta and to make

recommendations to Government on action which in

the opinion of the Authority would be expedient in

relation to matters falling within its functions;

(f) to order investigations about any irregularities in

connection with anything falling under the remit of the

Authority which shall have been made known to the

Chief Audit Officer in accordance with article 19(7)

and to keep under review all transactions made and to

take measures to suppress and prevent, any practices

which may be unfair, harmful or otherwise

detrimental; and

(g) to ensure high standards of conduct and management

throughout.

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

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

by the Minister on behalf of any department or agency of

Government.

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

is fully informed of Government’s strategic directions relative to

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

proper execution of such policies.

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

responsibilities in accordance with Government’s strategic

directions relating to land.

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

Authority shall regulate its own procedure.

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

shall collaborate with other Government departments and

authorities and make arrangements for the mutual exchange of

information and for other forms of assistance.

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

all its files, including all documentation and reports

Provided that files, documentations and reports shall be

digitised and the Authority may after digitisation forward to the

National Archives hard copies of files, documentations and reports

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

Authority or to any other previous entity carrying out the same

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

of the Authority shall be the responsibility of the Board but, save as

aforesaid, the executive conduct of the Authority, its administration

and organisation and the administrative control of its Directorates,

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

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

also have such other powers as may from time to time be delegated

to him by the Minister.

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

and Sections may exercise any one or more of their functions or

responsibilities either directly or through any of their officers or

employees authorised for the purpose.

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

t o t h e A u t h o r i t y, a n y s u c h t h i n g m a y a l s o b e d o n e b y t h e

Directorates, Units, Divisions and Sections under whose

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

such Directorate, Unit, Division and Section; and for the purposes

aforesaid any reference in this Act to the Authority includes a

reference to the appropriate Directorate, Unit, Division and

Section.

There is hereby established the Board of Governors.

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

of the following

(a) a Chairperson appointed by the Prime Minister;

(b) a Deputy Chairperson appointed by the Minister;

(c) a Member of Parliament nominated by the Leader of

the Opposition;

(d) a Member of Parliament nominated by the Prime

Minister;

(e) a person nominated by the Planning Authority;

(f) a person nominated by the Environment and Resources

Authority;

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

profession who is not a public officer and who shall be

appointed by the Minister;

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

officer appointed by the Minister;

(i) an advocate of a recognised standing who is not a

public officer appointed by the Minister;

(j) an independent member chosen from amongst persons

of known integrity and with knowledge of and

experience in corporate management appointed by the

Minister.

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

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

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

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reappointment; and shall receive such remuneration as the Minister

may from time to time, determine

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

other members have already been appointed, the term of

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

the other members.

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

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

appointed another person to act as Chairperson during the period of

absence or disability, then the Deputy Chairperson shall carry out

the functions of the Chairperson. If the Deputy Chairperson is

absent or is unable to exercise the functions and powers of his

office and the Prime Minister has not appointed another person to

act as Deputy Chairperson during the period of absence or

disability then the members of the Board of Governors shall

designate one of the members of the Board to carry out the

functions of the Chairperson during such period.

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

hold office as a member of the Board if he -

(a) is a Minister, Parliamentary Secretary or Member of

Parliament except for those Members of Parliament

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

(b) is a Judge or Magistrate of the Courts of Justice; or

(c) is legally incapacitated or interdicted; or

(d) has been declared an undischarged bankrupt or has

made a composition or arrangement with his creditors;

or

(e) is subject to disqualification under article 320 of the

Companies Act or is subject to blacklisting as

provided in the Public Procurement Regulations; or

(f) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his

functions as a member of the Board; or

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

law appearing to be designed for protecting members

of the public against financial loss due to dishonesty,

incompetence or malpractice concerned in the

provision of financial services or in the management

of companies; or

(h) has engaged in any business practice appearing to the

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

the Minister, in the case of the Deputy Chairperson or

of any other member of the Board, to be deceitful or

oppressive or otherwise improper (whether unlawful

or otherwise) or which otherwise reflects discredit on

his method of conducting business or professional

activities; or

(i) has a financial or other interest as is likely to

prejudicially affect the discharge by him of his

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functions

Provided that the Prime Minister, in the case of the

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

Chairperson or any other member of the Board, may

waive the disqualification of a person under this

paragraph if such person declares the interest and the

Prime Minister or the Minister, as the case may be,

considers that there are valid reasons for such a

waiver

Provided further that if the Prime Minister, in the case

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

Deputy Chairperson or any other member of the

Board, decides to grant such waiver, the declaration of

the person stating his interest, the waiver and reasons

therefor shall be published in the Gazette; or

(j)

is otherwise not a fit and proper person to hold that

office.

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

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

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

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

and soundness of judgement for fulfilling the responsibilities of

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

fulfil those responsibilities and to whether the interests of any

person are, or are likely to be, in any way threatened by his holding

that office.

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

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

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

furnish to him such information as the Prime Minister or the

Minister considers necessary for the performance of his duties

under sub-articles (1) and (2).

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

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

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

o f f i c e , w h e t h e r d u e t o i n f i r m i t y o f m i n d o r b o d y, o r o f

misbehaviour; and for the purposes of this sub-article repeated and

unjustified non-attendance of meetings may be deemed to amount

to misbehaviour.

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

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

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

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

and the termination of office or resignation of any such person

including the reason for such termination or resignation, as

applicable, shall be notified in the Gazette.

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

member of the Board shall become vacant -

(a) at the expiration of his term of office; or

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

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member of the Board, would cause him to be

disqualified for appointment as such.

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

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

following reasons

(a) if the member due to infirmity of mind or of body or of

any other cause is effectively unable to continue to

discharge his duties as a member;

(b) if the behaviour or performance of the member brings

into question his suitability or ability to continue as a

member, in particular for behaviour that affects or may

affect his reputation, independence or autonomy, or the

reputation, independence or autonomy of the

Authority;

(c) if the member has been convicted of a criminal offence

affecting public trust, or of theft or fraud, or of

knowingly receiving property obtained by theft or

fraud or of bribery or of money laundering, or of any

offence against this Act or if he has been convicted of

an offence punishable by imprisonment for a period of

six months or more; or

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

prolonged period without any valid justification

Provided that notwithstanding the above, it shall be a cause

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

perform his duties, including attending for Board meetings.

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

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

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

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

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

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

cease to be such a member when a person has been appointed to fill

the vacancy or, as the case may be, when the member who was

unable to perform the functions of his office resumes those

functions.

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

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

Authority, not being an interest which disqualifies such member

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

at the first meeting of the Authority after the relevant facts have

come to that member’s knowledge; such disclosure shall then be

recorded in the minutes of the meeting, and the member having an

interest as aforesaid shall withdraw from any meetings at which

such contract is discussed. Any such disclosure shall be

communicated to the Prime Minister or to the Minister without

delay. Where the interest of the member is such as to disqualify that

member from remaining a member, such member shall report the

fact immediately to the Prime Minister or Minister and tender his

resignation. Moreover, the member

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

any discussions or decisions of the Board with respect

to that matter; and

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

quorum for any such discussions or decisions.

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

Authority and the termination of office or resignation of any such

person, as well as any additional functions assigned to the

Authority by the Prime Minister or by the Minister, shall be

notified in the Gazette, and it shall have effect forthwith

Provided that failure to publish the appointment or

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

the validity of such appointment or termination.

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

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

if some defect in his qualification for appointment is subsequently

discovered.

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

to the Board and regulate its proceedings.

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

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

Minister for their information.

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

shall be eligible for reappointment.

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

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

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

written request of any two members.

(2) The Board may act notwithstanding any vacancy amongst

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

five members present at the meeting.

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

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

member elected for the particular meeting by the other members

present at the meeting.

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

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

person chairing the meeting shall have an original vote and, in the

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

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

valid unless it is supported by at least three members of the Board.

(5)

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

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

Board shall deem appropriate.

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

necessary preparations for the meetings of the Board

and to keep minutes of those meetings. The Secretary

shall also be duty bound to ensure that the original

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copies of the minutes are signed by the Chairperson,

by not later than the following meeting and shall also

ensure that these minutes are kept both in electronic

format and in hard format. Copies of the minutes are to

be made available to any member of the Board upon a

simple request.

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

proceeding of the Authority shall be invalidated merely by reason

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

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

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

of article 11(10).

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

may regulate its own proceedings and procedure.

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

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

Board and to take part in the discussions.

(a) When the Board is presented with recommendations or

decisions taken or to be taken by the Chief Executive

Officer, it shall discuss the said recommendations or

decisions and if the Board does not approve them in

principle, it may, by agreement of an absolute majority,

ask the Chief Audit Officer to investigate and report to

it his findings in connection therewith. These findings

must be made available to the Board by not later than

seven (7) days from the date the request was made.

When a request is made by the Board to the Chief

Audit Officer to investigate any recommendation or

decision, it shall immediately notify the Minister.

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

Audit Officer in relation to the recommendations or

decisions of the Chief Executive Officer and take a

decision as to whether to approve or overturn the said

recommendation or decision of the Chief Executive

Officer.

(c) Where the Board votes against a recommendation or a

decision taken by the Chief Executive Officer, and

thus overturn the said recommendation or decision, the

Board shall register in the relevant file the specific

reasons adduced by it justifying its vote. Such decision

by the Board shall be immediately notified to the

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

after giving detailed reasons, send back to the Board

said decision for its review.

The decision by the Board to set the recommendation

or decision of the Chief Executive Officer aside shall

also be notified to any third party who is affected by

such overturn and such third party shall have the right

to challenge the decision taken by the Board as

provided in article 57. Pending the appeal procedure,

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the decision of the Board shall be suspended. Any

decision given by the Administrative Tribunal and

Court of Appeal shall include in it a declaration

whether it confirms or otherwise the decision made by

the Board to overturn such a decision. In the

eventuality that the tribunal or court confirms said

decision by the Board, the authority or its officers shall

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

claim for damages with regard to the overturned

decision.

(d)

Where the Board votes in favour of a recommendation

or a decision taken by the Chief Executive Officer, the

Board shall register in the relevant file the specific

reasons adduced by it justifying its vote. Such decision

by the Board shall immediately be notified to the

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

after giving detailed reasons, send back to the Board

the said decision for its review.

(e)

Where the Board votes in favour of a recommendation

or a decision taken by the Chief Executive Officer,

against which the Chief Audit Officer makes adverse

findings, the Board shall register in the relevant file

the specific reasons adduced by it justifying such

recommendation or decision taken. Such decision shall

immediately be notified to the Minister. The Minister

may, if he deems necessary, and after giving detailed

reasons, send back to the Board said decision for its

review.

(f)

The quorum shall consist of the Chairperson or Deputy

Chairperson and another four members of the Board.

(g)

The Chairperson, or the Deputy Chairperson acting in

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

a tie, a casting vote. All members of the Board present

at the meetings shall cast their vote in favour or

against any motion put to the vote. Decisions shall be

adopted by a simple majority of the members present

with the right to vote.

(h)

The Board may not delegate, to the Chairperson or any

of its members, the power to endorse any documents or

plans relating to any matter under its consideration.

(i)

The Chief Executive Officer shall be directly

answerable for his decisions or recommendations only

to the Board.

(j)

The Chief Audit Officer shall be answerable for his

findings to the Chief Executive Officer and the Board.

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

(a) to establish the policies to be pursued by the Authority.

In determining such policies the Board shall follow

such policy guidelines as may be set out by

Government;

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

processing of applications and documents;

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

processing of complaints, reports and assessment of

information, related to alleged breaches of the

provisions of this Act, and to co-ordinate

investigations undertaken by the competent authorities

whenever the Authority is of the opinion that a breach

should be pursued;

(d) to formulate, implement and update plans and policies

relating to the promotion of all Government property,

and such other matters as may be necessary, ancillary,

incidental or conducive to the better carrying out of

the provisions of this Act;

(e) to seek the co-operation of, or make arrangements

with, other entities or persons to enable it to better

monitor the implementation of, and compliance with,

the provisions of this Act;

(f) to establish long and short term objectives and

strategies for the proper administration of the

Authority;

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

regulations under this Act;

(h) to make orders under the provisions of this Act;

(i) to issue technical guidance documents as may be

required from time to time;

(j) to appoint from time to time sub-committees for the

purpose of compiling technical reports and, or

identifying procedures to be adopted.

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

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

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

by this Act.

(1) The Minister shall appoint a Chief Executive Officer

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

years which may be extended for further periods of three years

each. The conditions pertaining to the qualification for the

appointment of the members to the Board and to their holding

office as members of the Authority referred to in article 11 shall

also pertain to the appointment of the Chief Executive Officer.

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

Board attend the meetings of the Board but shall not vote at such

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

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

part of a meeting during which findings of the Chief Audit Officer

are discussed regarding the recommendations and decisions taken

by the Chief Executive Officer.

(3)

The Chief Executive Officer shall be responsible for the

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implementation of the objectives of the Authority as set by the

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

generality of the foregoing, the Chief Executive Officer shall

(a) assume the overall supervision and control of the

Directorates, including the establishment of Units,

Divisions and Sections as in the opinion of the Chief

Executive Officer may be necessary for the proper

functioning of the Authority and assign to such

departments their respective duties;

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

Divisions and Sections and assign to the Directorates

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

provisions of this Act vested in such Directorates,

Units, Divisions and Sections;

(c) develop the necessary strategies for the ongoing

implementation of the objectives of the Authority;

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

matter on which he considers his advice necessary or

expedient;

(e) carry out such other functions and duties as the

Minister may assign to him from time to time;

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

up from time to time to formulate regulations.

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

or position without the consent of the Minister.

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

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

B o a r d d e t e r m i n e s t h a t h e ha s no t a c h i e v e d t h e t a rge t s a n d

objectives set for him by the Board.

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

Chief Executive Officer is unable to perform the functions of his

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

Chairperson of the Board may, following consultation with the

Chief Executive Officer, appoint any one of the officers or

employees of the Authority to act as Acting Chief Executive

Officer.

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

charge of the Internal Audit and Investigations Directorate. Such

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

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

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

conditions pertaining to the qualification for the appointment of the

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

Authority referred to in article 11 shall also pertain to the

appointment of the Chief Audit Officer.

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

Board whenever his findings regarding an investigation on a

recommendation or decision of the Chief Executive Officer are

being discussed.

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

implementation of the objectives of the Internal Audit and

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

functions and without prejudice to the generality of the foregoing

the Chief Audit Officer shall

(a) serve as an independent and objective person,

monitoring the internal financial control function of

the Authority;

(b) safeguard the continued independence of the Board

and the officers of the Authority;

(c) endorse or otherwise plans, budgets and schedules

made by the Chief Executive Officer for the proper

administration of the Authority;

(d) investigate recommendations and decisions made or to

be made by the Chief Executive Officer or any other

officer of the Authority either when asked to do so by

the Board or on his own motion;

(e) assume the overall supervision and control of the

Internal Audit and Investigations Directorate,

including the establishment of Units, Divisions and

Sections as in the opinion of the Chief Audit Officer

may be necessary for the proper functioning of the

Directorate and assign to such departments their

respective duties;

(f) co-ordinate the workings of this Directorate and the

Units, Divisions and Sections in the said Directorate

and assign to the Units, Divisions and Sections such

duties which are by, or in accordance with, the

provisions of this Act vested in such Directorate,

Units, Divisions and Sections;

(g) develop the necessary strategies for the ongoing

implementation of the objectives of the Directorate;

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

provided under this Act as and when necessary;

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

matter on which he considers his advice necessary or

expedient;

(j) set policies, procedures and methods for the proper

functioning of internal audit and for the carrying out of

financial investigations in the Authority when

necessary or expedient;

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

up from time to time to formulate regulations; and

(l) carry out such other functions and duties as the

Minister or Board may assign to him from time to

time.

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

position without the consent of the Authority.

(5)

The Chief Audit Officer may be dismissed by the House of

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

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

determines that he has not achieved the targets and objectives set

for him by the Board.

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

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

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

Chairperson may, following consultation with the Minister, appoint

any one of the officers or employees of the Authority to act as

Acting Chief Audit Officer.

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

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

Authority directions in writing of a general character, not

inconsistent with the provisions of this Act, on the policy to be

followed in the carrying out of the functions vested in the Authority

by or under this Act, and the Authority shall, as soon as may be,

give effect to all such directions.

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

obtaining information with respect to its properties and activities

and furnish him with returns, accounts and other information with

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

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

reasonably require.

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

under this article, the Prime Minister may make an order

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

of the Authority.

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

request of the Minister, advise the Minister on any m atter

concerning Government property.

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

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

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

including any one of its officers, before making regulations

Provided that the Minister may set a reasonable time, which

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

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

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

make those regulations

Provided further that the Minister may, when the Minister

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

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

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

to make the regulations.

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

Government property from outside the Authority, the Minister shall

pass such advice to the Authority for its comments thereon.

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

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shall establish Directorates which shall have their respective

responsibilities. The Board, together with the Chief Executive

Officer, may abolish or vary the responsibilities of such other

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

Minister is to be informed immediately of any such decision

Provided that in the eventuality that the Internal Audit and

Investigations Directorate is proposed to be abolished, or its

responsibilities varied or removed, then such decision must be

taken by a vote in the House of Representatives by an absolute

majority.

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

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

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

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

which such Directorates are made responsible. The said

Directorates are to give effect to the strategies, policies and

directives of the Authority and to otherwise discharge effectively

and efficiently the functions of the Authority in their respective

areas of operation.

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

shall be headed by a person, hereinafter referred to as "Chief

O ff i c e r " , h a v i n g a d e q u a t e e x p e r i e n c e o r k n o w l e d g e i n t h e

respective area of operation who shall either be a public officer

detailed for duty with the Authority or any employee of the

Authority, or a person detailed to work for the Authority in

accordance with an agreement made between the Authority and a

public or private undertaking.

(4) Such Chief Officers shall be appointed by the Board with

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

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

six years. The conditions pertaining to the qualification for the

appointment of persons and to their holding office as members of

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

appointment.

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

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

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

to ensure that its policies are being properly carried out.

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

charge of the Internal Audit and Investigations Directorate as laid

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

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

Audit Officer.

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

officers in this Directorate shall be public officers.

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

day management of the Directorate.

(4) The Chief Audit Officer shall, immediately upon

concluding a financial investigation or an internal audit, transmit a

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

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

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

Representatives who is to table such report immediately

Provided that any findings made by the Chief Audit Officer

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

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

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

who is to table such findings immediately.

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

give such instructions to the Chief Executive Officer or to any

other officer of the Authority as may be necessary to remedy any

shortcomings and shall inform the Chief Audit Officer accordingly.

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

reviews as may be necessary after an internal audit and financial

investigation.

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

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

offence is about to be or is committed on public funds or property,

then such person shall by means of a letter or electronic means

inform the Chief Audit Officer who shall in turn, after evaluating

the irregularity, and concluding that there are prima facie grounds

to investigate, conduct an internal audit or a financial investigation.

The said person shall supply to the Chief Audit Officer all

information in his possession relating thereto. In any case, even

when the Chief Audit Officer concludes that there are no grounds to

commence an investigation, he shall report in a book of complaints

all the complaints regarding irregularities his office has received.

The Chief Audit Officer will be bound to send, on a monthly basis,

to the Minister, to the Board and to the Chief Executive Officer a

report compiling a list of the complaints made.

(8) The members of the Internal Audit and Investigations

Directorate shall be appointed on such terms and conditions as may

be determined by the Board.

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

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

directed by the Board.

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

article (1), the Internal Audit Directorate shall have the following

functions

(a) to provide oversight of the systems of internal control

and risk management of the Authority and to assist and

support the Board in discharging its responsibilities in

relation thereto;

(b) to provide the communication link with external

auditors and to evaluate and coordinate the audit and

financial reporting process of the Authority;

(c) to scrutinize and evaluate any transaction to be entered

into by the Authority with a value exceeding one

hundred thousand euro (€100,000);

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(d) to review and assess the effectiveness of the

management of the Authority in its compliance with

policies and in the discharge of its regulatory and

compliance functions; and

(e) to manage all the most important risks undertaken by

the Authority.

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

agenda and all documentation put forward to the Board for its

discussion together with all the minutes taken during the Board

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

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

recommendations and findings to the Board.

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

documentation and information as he may deem necessary from the

Authority and its officers and employees including advisers and

consultants. The Authority and its officers and employees including

advisers and consultants shall not refuse any request made by the

Chief Audit Officer in this regard.

If a person within the Authority has reason to suspect any

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

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

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

supply to the said Chief Audit Officer all information in his

possession relating thereto.

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

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

interest if the Chief Audit Officer himself were to conduct an

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

senior public officer from amongst the officers of the Directorate to

conduct that investigation in his stead.

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

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

investigation which he is assigned to work upon, whether such

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

Audit Officer, the Chief Executive Officer and the Board his

interest and refrain completely from involving himself in that

particular case

Provided that any officer of the Directorate who knowingly

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

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

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

shall also be subject to disciplinary proceedings as provided for in

the Public Service Commission (Disciplinary Procedures)

Regulations.

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

establishes the existence of suspected cases of irregularities and, or

suspected cases of criminal offences concerning the responsibilities

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

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

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proved, would constitute a criminal offence, immediately inform

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

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

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

the Chief Executive Officer and the Minister.

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

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

transmit such Annual Audit Report to the Board, the Chief

Executive Officer, the Prime Minister, the Minister and the Speaker

of the House of Representatives who must table such Annual Audit

Report immediately.

(2)

The Annual Audit Report shall include

(a)

a detailed list of all the complaints made to him;

(b)

all the findings made by him;

(c)

all the reports made by him;

(d)

all the activities and information relating thereto of the

Directorate during the previous year;

(e) any other information he deems fit.

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

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

Public Accounts Committee of the House of Representatives to

answer any questions which the members of the Committee deem

necessary in relation to the workings of the Authority.

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

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

functions under this Act, have the power -

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

officer or employee in order to conduct an internal

audit and, where he has reason to suspect that

irregularities and, or criminal offences, have occurred

or are occurring, to enter any premises of the

Authority, its officers or employees for the purpose of

conducting an investigation

Provided that, if access is required to any premises

occupied in whole or in part for the purpose of

habitation by the officer or employee, such access shall

require the prior issue of a warrant signed by a

Magistrate

Provided further that entry shall take place during

daytime and be accompanied by a police officer for the

keeping of good order and public peace;

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

produce any books, records, files, accounts, documents

or information including any computer data in any

form and or part thereof, including contracts, bills,

vouchers and receipts relating to them, and if deemed

necessary by the Chief Audit Officer, for the latter to

retain such documents in the original, and to ensure

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that copies or extracts are made thereof without paying

any fee therefor notwithstanding any law or

regulations to the contrary.

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

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

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

investigative unit of any entity including the person or unit

discharging the compliance and assurance functions within the

Authority.

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

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

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

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

exceeding two years, or to both such fine and imprisonment.

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

employee during the course of any internal audit or financial

investigation shall at all times be treated as confidential and shall

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

internal audit and, or financial investigation.

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

and reports of financial investigations as strictly confidential and

shall, except for the purpose of any criminal investigation or

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

Minister or to the Auditor General.

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

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

shall be disclosed except

(a) for the purposes of the financial investigation and the

prosecution of a criminal offence;

(b) for the purposes of the institution of a civil action;

(c) to officers of the Directorate in the course of their

duties under this Act; and

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

international obligations, to the relevant foreign audit

and control authorities.

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

advisory boards and committees to assist it in the performance of

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

boards and committees shall be prescribed by the Board with the

approval of the Minister.

The Authority may, in accordance with the provisions of

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

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

deem appropriate. Notice of any such delegation shall be published

in the Gazette.

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

the Chief Executive Officer shall, himself or his representative,

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have the right to be present and participate at all meetings of the

Board, and all the meetings held by all the boards and committees

appointed by the Board.

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

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

secretary shall have the duty of calling meetings and keeping

minutes and assume such other duties as the chairperson of the

Board may delegate to him.

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

other enactment applicable thereto, and without prejudice to the

other provisions of this Act, the employment and appointment of

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

Board and the terms and conditions of their employment and

appointment shall be established by the Board with the concurrence

of the Minister.

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

after consultation with the Minister responsible for finance,

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

contributory arrangements or partly by one and partly by the other,

for the payment of pensions, gratuities and other like benefits to its

officers and employees on their retirement, death or injury, or to

their dependents.

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

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

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

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

upon becoming aware of such interest

(a) disclose to the Board, as the case may be, the nature of

his interest;

(b) neither influence nor seek to influence the processing

and the decision in relation to such matter;

(c) take no part in any consideration of such matter; and

(d) not attend nor participate in any meeting on such

matter.

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

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

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

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

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

decision was taken and such person is to be duly informed.

(3) Where a disclosure is made to the Board pursuant to sub-

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

minutes of the relative meeting.

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

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

make the required disclosure, the Board shall decide the

appropriate action to be taken which may include, with the

concurrence of the Minister, the removal from office or termination

of the contract of the person concerned.

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The Board shall appoint and employ, at such remuneration

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

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

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

discharge of the functions of the Authority.

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

any public officer or public employee shall be detailed for duty

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

as may be specified in the Prime Minister’s direction.

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

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

or employee retires from the public service, or otherwise ceases to

hold office or employment at an earlier date, or unless a different

period is specified in such direction, end on the happening of any of

the following events, that is to say

(a) the acceptance by such officer or employee of an offer

of transfer to the service of, and permanent

employment with, the Authority made in accordance

with the provisions of article 32; or

(b) the revocation of such direction by the Prime Minister,

in relation to such officer

Provided that in relation to a public officer or public

employee detailed for duty with the Authority with effect from

such date as the Prime Minister may in a direction as aforesaid

establish, the detailing of such public officer or public employee

shall cease to have effect after one year from the effective date of

such direction, unless the direction is revoked earlier by the Prime

Minister.

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

Minister in relation to any officer or employee, the Prime Minister

may, by further direction, detail such officer or employee for duty

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

as may be specified in the Prime Minister ’s direction, and the

provisions of sub-article (2) shall thereupon apply to the period of

duration of such detailing by any such further direction in relation

to such officer or employee.

(1) Where any public officer or public employee is

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

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

s u c h d i r e c t i o n h a s e ff e c t i n r e l a t i o n t o h i m , b e u n d e r t h e

administrative authority and control of the Board but he shall for all

intents and purposes remain and be considered and treated as a

public officer.

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

officer or employee detailed for duty as aforesaid

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

detailed

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

department of the Government in accordance

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with the terms and conditions of service attached

to the appointment held by him under the

Government on the date on which he was so

detailed for duty; or

(ii) receive remuneration and be subject to

conditions of service which are less favourable

than those attached to the appointment under the

Government held by him on the date aforesaid or

which would have become attached to such

appointment, during the said period, had such

officer not been detailed for duty with the

Authority; and

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

considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the

Pensions Ordinance and the Widows’ and Orphans’

Pensions Act and for the purpose of any other right or

privilege to which he would have been entitled, and

liable to any liability to which he would have been

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

with the Authority.

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

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

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer or employee detailed for duty

with the Authority as aforesaid during the period in which he is so

detailed.

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

Minister, offer permanent employment with the Authority to any

officer or employee detailed for duty with the Authority under any

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

conditions as set out by the Authority.

(2) Every officer or employee who accepts permanent

employment with the Authority offered to him under the provisions

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

Pensions Ordinance and of the Widows’ and Orphans’ Pensions

Act, and saving the provisions of article 49, be deemed to have

ceased to be in service with the Government and to have entered

into service with the Authority on the date of his acceptance, and

for the purposes of the said Ordinance and of the said Act, so far as

applicable to him, service with the Authority shall be deemed to be

service with the Government within the meanings thereof

respectively.

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

immediately before accepting permanent employment with the

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

Pensions Act, shall continue to be so entitled to benefit thereunder

to all intents as if his service with the Authority were service with

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the Government.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer or employee who has accepted

permanent employment with the Authority as aforesaid during the

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

acceptance.

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

for duty with the Authority with effect from the date established

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

permanent employment with the Authority the foregoing provisions

shall apply subject to the following provisions of this article.

(6) For the purposes of the Pensions Ordinance the pensionable

emoluments on retirement of any public officer or public employee

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

pensionable emoluments payable to an officer or employee in

Government service in a grade and at an incremental level

corresponding to the post occupied and incremental level on the

date on which the officer or employee retires from the Authority.

(7)

(a) The classification referred to in sub-article (6) shall be

carried out by a board composed of a chairperson

appointed by the Ministry responsible for finance and

two other members, one appointed by the Ministry

responsible for personnel policies in general in the

public service and one appointed by the Ministry

responsible for the Authority. The classification shall

be subject to the final approval of the Minister

responsible for finance.

(b) Such classification shall take place within three

months of any adjustment of salaries of employees in

Government service and, or of employees of the

Authority.

(c) Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights, under the said Pensions Ordinance,

less favourable than those to which he would have

been entitled prior to such classification.

The Board may engage such consultants or advisers, as it

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

(1) Without prejudice to the following provisions of this

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

that the expenditure required for the proper performance of its

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

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

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

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

matters falling under the powers and functions vested in the

Authority by or under this Act.

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

Consolidated Fund such sums as Parliament may from time to time

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

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

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

time to time after consultation with the Minister responsible for

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

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

purposes of the Authority. Without prejudice to the generality of

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

any directive given by the Minister as aforesaid may order the

transfer to the Government, or the application in such manner as

may be specified in the direction, of any part of the fees, rates and

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

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

meet expenditure may be invested by the Authority in such manner

as may from time to time be approved by the Minister.

For the purpose of carrying out any of its functions under

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

Minister given after consultation with the Minister responsible for

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

raise money in such manner, from such person, body or authority,

and under such terms and conditions as the Minister, after

consultation as aforesaid, may in writing approve.

The Minister responsible for finance may, after consultation

with the Minister, make advances to the Authority of such sums as

he may agree to be required by the Authority for carrying out any

of its functions under this Act, and may make such advances on

such terms and conditions as he may, after consultation as

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

Minister responsible for finance out of the Consolidated Fund, and

without further appropriation other than this Act, by warrant under

his hand authorising the Accountant General to make such advance.

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

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

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

conditions as he may deem appropriate, and any sums due in

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

charge on the Consolidated Fund.

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

incurred under the foregoing provisions of this article shall be

given to the House of Representatives as soon as practicable.

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

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

working capital, the Minister responsible for finance may, by

warrant under his hand, and without further appropriation other

than this Act, authorise the Accountant General to make advances

to the Authority out of the Treasury Clearance Fund under such

terms as may be specified by the Minister upon the making thereof.

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

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

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

established for the purpose and which shall be known as the

"Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority by way of repayment of advances made to the Authority

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

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

such advances shall be paid into the Consolidated Fund.

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

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

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

Authority for the following financial year

Provided that the estimates for the first financial year of the

Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

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

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

to it out of the Consolidated Fund during the relevant financial

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

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

so as to ensure that the total revenues of the Authority are at least

sufficient to meet all sums properly chargeable to its revenue

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

expression, depreciation.

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

contain such information and such comparisons with previous years

as the Minister responsible for finance may direct.

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

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

responsible for finance.

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

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

the Authority, approve the same with or without amendment after

consultation with the Minister responsible for finance.

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

Authority unless provision therefor had been made in the estimates

approved as provided for in article 41.

(2)

Notwithstanding the provisions of sub-article (1)

(a) until the expiration of six months from the beginning

of a financial year, or until the approval of the

estimates for that year by the House, whichever is the

earlier date, the Authority may make or incur

expenditure for carrying on its functions under this Act

not exceeding in the aggregate one-half of the amount

approved for the preceding financial year;

(b) expenditure approved in respect of a head or subhead

LANDS AUTHORITY

of the estimates may, with the approval of the Minister

given after consultation with the Minister responsible

for finance, be made or incurred in respect of another

head or subhead of the estimates;

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

amount approved in the estimates is not sufficient or a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Authority may adopt

supplementary estimates for approval by the Minister

and in any such case the provisions of this Act

applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

The Minister shall, at the earliest opportunity and not later

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

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

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

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

s u c h e s t i m a t e s t o b e l a i d o n t h e Ta b l e o f t h e H o u s e o f

Representatives, together with a motion that the House approve the

said estimates. One sitting day shall be allotted for the debate in the

House on such motion, and both the motion and the approval of the

estimates by the House may be with or without amendment to the

estimates.

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

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

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

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

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

Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts

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

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

checking and other verifications as he may deem necessary.

(3) The Authority shall not later than three months after the end

of each financial year cause a copy of the statement of accounts

duly audited to be transmitted to the Minister and to the Minister

responsible for finance together with a copy of any report made by

the auditors on that statement or on the accounts of the Authority.

(4) The Minister shall cause a copy of every such statement and

report to be laid on the Table of the House as soon as practicable.

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

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

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

be paid into any such bank from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority,

LANDS AUTHORITY

shall be made by such officer or officers of the Authority as the

Authority shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account of

the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose

and shall be countersigned by the Chief Executive Officer or such

other member or officer of the Authority as may be authorised by

the Authority for that purpose.

(4)

The Authority shall also make provision with respect to

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid,

and the transfer of funds from one account to the other;

(c) the method to be adopted in making payments out of

funds of the Authority, and generally with respect to

any matter which is relevant to the proper keeping and

control of the accounts and books, and the control of

the finances, of the Authority.

The Authority shall not award or enter into any contract for

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

for the rendering of services, to or for the benefit of the Authority,

except in accordance with regulations in force regulating the

procurement of all goods and services in the public sector.

The Authority shall, not later than three months after the

end of each financial year, make and transmit to the Minister and to

the Minister responsible for finance a report dealing generally with

the activities of the Authority during that financial year containing

such information relating to the proceedings and policy of the

Authority as either of the said Ministers may from time to time

require. The Ministers shall cause a copy of every such report to be

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

article 43.

The Authority shall be exempt from any liability for the

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

being in force in Malta.

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

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

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

body or office established by this Act, and every officer or

employee thereof, shall be deemed to be and be treated as a public

officer.

(2) The members, officers and employees of the Authority in

the performance of their functions under this Act or under any other

law administered by the Authority, shall not be liable for any loss

or damage suffered by any person by reason of anything done or

omitted to be done in good faith in the course of the administration

of this Act or of any other law.

LANDS AUTHORITY

The Board, the Chief Audit Officer, the Chief Executive

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

the Authority or any other person or entity whose advice is

considered relevant to any matter under its consideration.

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

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

a declaration of assets in accordance with the procedures

established for this purpose by the Minister.

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

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

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

the Chief Audit Officer, chairpersons and officers of the Authority

in connection with the performance of the Authority’s functions.

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

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

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

term of office is to be renewed.

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

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

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

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

regulations under this article provide that the Authority shall be

entitled to request from the public, Government departments,

authorities, public corporations or other persons as may be

prescribed, such information that they may have in their possession

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

foregoing, such regulations may prescribe

(a) the nature of the information that may be requested;

(b) the circumstances under which such information may

be requested;

(c) the circumstances under which such information may

be withheld by the requested entity and the publication

of the reasons for which such information is withheld;

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

of any such information; and

(e) the time-frame within which such information is to be

supplied.

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

Authority shall keep and make available for public inspection at

such reasonable times as it may determine, a register or registers

(a) of all applications received by it containing the name

of the applicant and details of the request, including

documents if any; and

(b) of all decisions including documents made on such

applications

Provided that for the purposes of this sub-article the

application report and any information or documents concerning

applications which relate to national security, defence, banks,

LANDS AUTHORITY

prisons, the airport and other institutions or premises whose

security it is desirable to safeguard as the Authority may establish

shall not be made accessible to the public

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

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

that part of the file containing the following information

(i) the application report of all applications;

(ii) all decisions relating to applications submitted

to the Authority together with the relative

documents including the reasons for the grant of

such permissions or refusal.

(3) The Authority shall ensure that detailed information is

made available to the public concerning access to appeal

procedures before any tribunal and court, including information on

the rights of any person to institute appeal proceedings and shall

give information on legal time limits and on mandatory fees

payable in respect of such proceedings including through

publication on the electronic website of the Authority.

(1) Where any notice or other instrument or document

whatsoever is required or authorised to be served or given by or

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

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

served or to whom it is to be given; or

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

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

person has furnished an address for service, at that

address; or

(c) by sending it in a registered letter addressed to that

person at the place of abode or the address for service

aforesaid; or

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

persons, by delivering it to an officer or employee

thereof at the registered or principal office, or sending

it in a registered letter addressed to the body aforesaid

at that office; or

(e) in any case in which it is not reasonably possible to

effect service in any of the foregoing manners whether

on all or on any one or more of the persons on whom

service is to be made or notice is to be given, by

affixing the notice or other instrument or document to

be served or given in a conspicuous place on the land

to which it relates and keeping it so affixed for five

working days and by publishing the notice, or other

instrument or document in a local newspaper. Where

the notice, or other instrument or document to be

served or given is affixed on the land but is removed

before the expiry period of five working days, the re-

affixing of the notice, or other instrument or document

shall only be for the remaining period after the

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document was removed.

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

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

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

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

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

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

indicated in sub-article (1) and addressed by the description of

"owner", "occupier", or "owners", "occupiers", as the case may

require.

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

to sub-article (1)(e), removes, damages or defaces the notice

without lawful authority shall be guilty of an offence against this

Act.

54.(1) (a) The property and undertakings owned by the Lands

Department or the Lands Authority and used by any one

of them immediately before the date of the coming into

force of this Act, for the operation of any of the

functions which by this Act are being transferred to or

vested in the Authority shall, on the date aforesaid, by

virtue of this Act and without further assurance, be

transferred to and vested in the Authority under the

same title by which they were used or held by the

Lands Department or the Lands Authority immediately

before the said date.

(b) The assets which immediately before the coming into

force of this Act were owned by the Government and

used for the exercise of any of the functions which by

this Act are being transferred to or vested in the

Authority shall by virtue of this Act and without any

further assurance be transferred to and vested in the

Authority under the same title by which they were held

by the Government before the coming into force of this

Act.

(2) The transfer and vesting in the Authority as aforesaid shall

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

prejudice to the generality aforesaid, shall include the ownership,

administration and all other rights of all plant, equipment,

apparatus, instruments, vehicles and other property, movable or

immovable, assets, powers, rights and privileges and all things

necessary or ancillary thereto which are held or enjoyed in

connection therewith or appertaining thereto, as well as all

obligations affecting or relating to any of the aforesaid property or

undertakings or other thing included therein as aforesaid, and keep

all such property, and for the purposes of articles 55 and 56 such

property shall be deemed to be included in the properties

transferred to the Authority by or under this Act.

(1)(a) Il-proprjetà u l-impriżi li huma proprjetà tad-

Dipartiment tal-Artijiet jew tal-Awtorità tal-Artijiet użati

minn kull wieħed minnhom minnufih qabel id-data

tad-dħul fis-seħħ ta’ dan l-Att, għall-operat ta’

kwalunkwe waħda mill-funzjonijiet li b’dan l-Att qed

jiġu trasferiti lil jew vestiti fl-Awtorità għandhom, fid-

data hawn qabel imsemmija, bis-saħħa ta’ dan l-Att u

mingħajr assikurazzjoni ulterjuri, jiġu trasferiti lil u

vestiti fl-Awtorità taħt l-istess titolu li bih kienu użati

jew miżmuma mid-Dipartiment tal-Artijiet jew mill-

Awtorità tal-Artijiet immedjatament qabel id-data

msemmija.

(b) L-assi li minnufih qabel il-bidu fis-seħħ ta’ dan l-Att

kienu proprjetà tal-Gvern u użati għall-eżerċizzju ta’

xi waħda mill-funzjonijiet li b’dan l-Att qed jiġu

trasferiti lil jew vestiti fl-Awtorità qegħdin bis-saħħa

ta’ dan l-Att u mingħajr ebda assikurazzjoni ulterjuri

jiġu trasferiti lil u vestiti fl-Awtorità taħt l-istess titolu

li bih kienu miżmuma mill-Gvern qabel id-dħul fis-

seħħ ta’ dan l-Att.

(2) It-trasferiment u l-għoti lill-Awtorità kif hawn qabel

imsemmi għandu jestendi għat-totalità ta’ din il-proprjetà u l-

impriżi u, mingħajr preġudizzju għall-imsemmija ġeneralità,

għandha tinkludi l-pussess, l-amministrazzjoni u d-drittijiet l-oħra

tal-makkinarju, tagħmir, apparat, strumenti kollha, il-vetturi u

proprjetà oħra, mobbli jew immobbli, attiv, poteri, id-drittijiet u l-

privileġġi u kull ħaġa meħtieġa jew anċillari għalihom jew li tkun

lilhom tappartjeni, kif ukoll kull obbligu li jolqot jew ikollu

x’jaqsam ma’ xi proprjetà jew impriża minn dawk hawn aktar qabel

imsemmija jew ħaġa oħra hemm inkluża kif intqal qabel, u għall-

finijiet tal-artikoli 55 u 56 tali proprjetà għandha titqies li kienet

inkluża fil-proprjetajiet trasferiti lill-Awtorità b’dan jew taħt dan l-

Att.

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

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

LANDS AUTHORITY

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

undertakings transferred to the Authority by or under this Act and

in which the Government or a government authority is a party

thereto or is named therein shall have full force and effect against

or in favour of the Authority, and shall be enforceable freely and

effectually, in such manner as if instead of the Government or

governmental authority the Authority has been named therein or

had been a party thereto, and otherwise in substitution of the

Government or governmental authority.

(2) Any reference in any law to the Lands Department or the

Lands Authority shall be read and construed as a reference to the

Authority as so defined in article 2 and shall include a reference to

any Directorate established under this Act, as the case may require.

(1) Anything relating to any of the properties or

undertakings or any right or liability transferred to the Authority by

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

authority of the Government, the Lands Department or the Lands

Authority before the date of the coming into force of this Act may

continue to be carried on and completed by or as authorised by the

Authority on or after such date.

(2) Where immediately before the date of the coming into force

of this Act there are still pending any legal proceedings relating to

any of the properties or undertakings, or to any right or liability,

transferred to the Authority by or under this Act and to which the

Government, the Lands Department or the Lands Authority is or is

entitled to be a party, the Authority shall, as from the date

aforesaid, be substituted in such proceedings for the Government,

or for the aforesaid authorities or department, as the case may be,

or shall be made a part thereto in like manner as the Government,

any such authority or department could have become a party as

aforesaid, and such proceedings shall not abate by reason of the

substitution.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem

necessary or expedient for the purpose of determining, as

appropriate, the assets transferred to the Authority by this Act and

securing and giving full effect to the transfer of any property or

undertaking or any right or liability to the Authority by this Act and

make such orders as may be necessary to make any powers and

duties exercisable by the Government, the Lands Department or the

Lands Authority in relation to any of the transferred property or

undertakings exercisable by or on behalf of the Authority.

(1) The Administrative Review Tribunal established by

article 5 of the Administrative Justice Act shall be competent to

hear and determine

(a) objections made by any person aggrieved by any

decision of the Authority; and

(b) objections made by any person aggrieved by an

administrative or any other penalty imposed on that

person by the Authority

LANDS AUTHORITY

Provided that the Administrative Review Tribunal shall in

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

competence of the Land Arbitration Board

Provided further that, unless otherwise prescribed by law,

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

Administrative Review Tribunal shall be filed within twenty days

from the receipt of the Authority’s decision.

(2) Notwithstanding anything contained in the Administrative

Justice Act, the Administrative Review Tribunal shall serve the

objection filed in its registry on the defendant or the respondent

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

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

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

filing of a reply by the respondent within the time limit therefor or

if no such reply is filed from the expiry of such time. The Tribunal

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

merits after receiving any evidence it deems fit, within the shortest

time possible but not any later than six months from the day when

the application has been duly notified.

(3) There shall be a right of appeal in accordance with the

provisions of Part IV of the Administrative Justice Act from

decisions of the Administrative Review Tribunal under sub-article

(1) and such appeal shall be to the Court of Appeal (Inferior

Jurisdiction).

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

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

the date of service. The Court of Appeal (Inferior Jurisdiction)

shall fix a date for hearing within fifteen working days from the

filing of a reply by the respondent within the time limit therefor or

if no such reply is filed from the expiry of such time. The Court of

Appeal (Inferior Jurisdiction) shall, after appointing the appeal

application for hearing, decide on its merits within the shortest time

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

application has been duly notified.

(1) The Minister may, after consultation with the

Authority, make regulations

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

in connection with any matter relating to its proper

function;

(b) to establish fees for the provision of any service or the

management of a service by the Authority or by any

person on its behalf or under its authority, including,

without prejudice to the generality of the foregoing,

any fees or other charges for any service in connection

with the regulation of any activity by the Authority;

(c) for the making of any deposit or the giving of any

guarantee to ensure the performance of any obligation

by any person imposed as a condition of any permit,

authorisation or licence under this Act;

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

LANDS AUTHORITY

of contractors appointed by the Authority;

(e) for regulating, controlling, and prohibiting the

presence of any person in any place or building of

which it has a right over or the ownership or the use by

any person of any such place or building;

(f) for regulating, declaring and defining its property or

property over which it has a right;

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

which it has a right, whether movable or immovable;

(h) prescribing what type of information held by the

Authority shall be accessible to the public, as well as

to establish the procedure concerning access thereto

and the relative fees to be paid to obtain copies of such

information;

(i) excluding the Authority from any liability, other than

liability for gross negligence, incurred in connection

with the execution of its duties under the said

regulations;

(j) establishing offences and the relative punishments in

relation to the contravention of any of the provisions

of this Act;

(k) to provide and prescribe schedules to this Act;

(l) to provide for the amendment, the substitution or the

addition or to otherwise the alteration of anything

contained in the Schedules to this Act;

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

any regulation under this Act shall be guilty of an

offence against this Act, and establishing such penalty,

being a penalty not greater than a fine (multa) of one

hundred thousand euro (€100,000) or to imprisonment

for a term not exceeding two years, or to both such

fine and imprisonment, to which any person so guilty

may be liable

Provided that such regulations may provide that a

person who, having been sentenced for an offence

against the same regulation by a judgement which has

become absolute, commits a further offence against the

same regulation within such time as may be

prescribed, shall be liable to pay a higher fine (multa),

not exceeding double the fine (multa) which would

otherwise have been inflicted, and for the purpose of

this proviso the maximum fine that may be established

by such regulations shall be two hundred thousand

euro (€200,000)

Provided further that such fine shall in all cases be due

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

person guilty of the offence is a director, secretary or

manager of a body corporate for the economic benefit

of which the offence was committed, such body

corporate shall be liable in solidum with the offender

LANDS AUTHORITY

for the payment of the said civil debt;

(n) prescribing anything that may or is to be prescribed

under this Act or which relates to any function or duty

of the Authority assigned to it by or under this Act or

by or under any other law.

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

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

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

alter or add to any such instrument as aforesaid.

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

purpose of securing compliance with the provisions thereof,

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

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

than one thousand and five hundred euro (€1,500) for each day that

the offence persists and imprisonment for a term not exceeding two

years.

(4) Regulations or orders under this article may, for the purpose

of the proper implementation and enforcement thereof, provide for

the granting of the power to the Authority to enter and search any

premises, to have access to any relevant document in any form, to

require any person to supply any relevant information, to carry an

on-site inspection, to issue an order to any person to cease from

doing any thing which constitutes an infringement of this Act or of

any regulation or order made thereunder and to demand from any

person an undertaking to desist from doing any such thing and to

publish any such undertaking and any decision of the Authority

related to the said regulations or orders.

(5) Generally, the Minister may also make regulations

providing for the discipline of the employees of the Authority or of

the contractor, whether regular or casual, and the procedures to be

followed for such purpose, including the appointment of a

disciplinary board and the conduct and procedure thereof, and

providing for the punishments that may be awarded by such board.

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

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

Board and such officer, employee or committee or any other person

as may be authorised by the Board or the Chief Executive Officer

for this purpose, and if so required by the Board with the assistance

of the Police Force, shall have

(a) the right to enter any premises, public or private, at all

reasonable times, and in the case of a dwelling house

after giving previous reasonable notice of at least

twenty-four hours and not before seven o’clock in the

morning or later than seven o’clock in the evening, and

inspect or survey any land, or to take any photographs

after entering or request any legitimate information

from any occupier of such premises; and

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

consequential thereto.

(2)

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

LANDS AUTHORITY

produce a means of identification issued by the Authority and

thereon be authorised to enter the land.

Without prejudice to any other special provision of this

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

regulations prescribing penalties for criminal offences against any

regulations made under this Act, and such regulations may

(a) prescribe imprisonment and different fines (multa) for

different offences;

(b) prescribe fines (multa) calculated in accordance with

the duration of the commission of the offence

Provided that any such regulations as may be made shall

not provide for

(i)

imprisonment for more than two years, or a fine

(multa) of more than two hundred thousand euro

(€200,000); or

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

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

which the offence persists.

Regulations or orders made under this Act may make

different provisions with respect to different classes of property,

land or persons connected therewith or with respect to different

circumstances and with respect to different parts of Malta.

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

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

any regulations made thereunder, or who fails to comply with any

directive or decision given by the Authority, an administrative fine

using such procedures as may be established in this Act or

regulations made thereunder.

(2) An administrative fine imposed under sub-article (1) shall

not exceed two hundred thousand euro (€200,000) for each

contravention or one thousand five hundred euro (€1,500) for each

day of non-compliance, from the date of the decision of the

Authority.

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

been appealed and the decision confirmed by the Tribunal or the

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

daily fine for the continuation of the illegality shall be calculated

from the original date notified in the enforcement notice

Provided that the Minister may by regulation prescribe

different dates from which daily fines shall be calculated.

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

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

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

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

purpose of eliminating any difficulty in the implementation of those

laws together with this Act.

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

article provide for transitory provisions.

LANDS AUTHORITY

(3)

Regulations made in accordance with this article shall

come into force following their approval by resolution of the House

of Representatives.

(1) The members, officers and employees of the Authority

in the performance of their functions under this Act or under any

other law administered by the Authority, shall not be liable for any

loss or damage suffered by any person by reason of anything done

or omitted to be done in good faith in the course of the

administration of this Act or of any other law. Neither shall any

criminal proceedings be instituted against them in the exercise of

their functions under this Act or any other provisions of the

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

(2) Notwithstanding the provisions of any other law and saving

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

European Convention Act, no precautionary act may be issued by

the Court against the Authority restraining it from the exercise of

any of the powers conferred upon it under this Act.

(1) All expenses reasonably incurred by the Authority in

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

to the Authority under any provision of this Act or regulations

made thereunder or under any other law or agreement signed or

otherwise made by it shall be recoverable as a civil debt by the

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

of the land or building, or from any person responsible for the acts

mentioned in the notice, including a notice of payment, or an

applicant, subject to such right of recovery such person may have

against any other person. The Authority shall not be liable for any

damages as a result of the exercise of its powers under this article,

unless it is proved that such damage resulted from gross negligence

on the part of the Authority, its officers and agents. The Authority,

in its discretion, can dispose of the objects found on the land or

building, without any other formalities whatsoever if the objects

remain unclaimed within seven days.

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

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

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

Authority duly authorised by the Chief Executive Officer to act on

his behalf, may make a declaration on oath before the Court

Registrar or before any other officer authorised to administer the

oath in judicial matters, wherein he states the nature of the debt and

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

of eight percent (8%) shall run from the date on which the amount

mentioned in the declaration was due.

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

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

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

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

of the said declaration, oppose the claim by filing an application

demanding that the court declares the claim unfounded. The

judicial act shall on pain of nullity contain an intimation to the

debtor that if he does not reply within thirty days from service upon

LANDS AUTHORITY

him of the said judicial act by filing an application demanding that

the court declares the claim unfounded, which application may be

signed and presented in court by the debtor himself without the

signature of an advocate or of a legal procurator being required;

such judicial act shall constitute an executive title.

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

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

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

application for hearing on a date after the lapse of that period and

in no case later than one month from the filing of the application.

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

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

due.

(1) Any order, rule, regulation, bye-law, notice or other

instrument having the force of law made under the authority of any

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

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

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

substituted or revoked accordingly.

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

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

other provision of this Act and still in force immediately before the

date of coming into force of this Act shall as from such date

continue in force as if it were a permission, authority or order

granted or made under a corresponding provision of this Act, and

any such permission, authority or order as aforesaid shall be treated

and dealt with accordingly.