Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,574, 30 ta’ April, 2004

L.N. 222 of 2004

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Licensing of Shipping Organisations)

Regulations, 2004

IN exercise of the powers conferred by articles 84Z(8)(c) and

374 of the Merchant Shipping Act, the Minister for Competitiveness

and Communications has made the following regulations>–

(1) These regulations may be cited as the Merchant Shipping Title and scope.

(Licensing of Shipping Organisations) Regulations, 2004.

(2) The purpose of these regulations is to provide for the

licensing of shipping organisations for the purposes of article 84Z of

the Merchant Shipping Act, hereinafter referred to as “the Act”.

Without prejudice to any other provision of law, an Application for

licence.

organisation which may qualify as a shipping organisation in terms of

article 84Z(1) of the Act may file an application to be so licensed with

the Registrar-General duly signed by an authorised officer, representative

or attorney of the applicant organisation giving such information, details

and documents as may be required by the Registrar-General in order

that he may ensure that all requirements for the qualification of the

applicant as a shipping organisation are duly satisfied.

Subject to the provisions of regulation 5 hereof, the Registrar- Licence.

General shall, if satisfied that the applicant qualifies as a shipping

organisation for the purposes of article 84Z of the Act, and on payment

of the prescribed fee, issue a licence in favour of the applicant

organisation, authorizing it for the purposes of the Act, to carry on any

one or more of the activities contemplated in the said article 84Z.

A licence issued in terms of regulation 3 hereof shall be valid Term and renewal

of licence.

for a period of one year from the date of issue and, subject to the

provisions of regulation 5 hereof, the Registrar-General shall, on

application and on payment of the prescribed fee, renew such licence

annually for a period of one year.

(1) The Registrar-General may refuse to issue or renew a

licence in terms of these regulations and, may revoke a licence so issued

or renewed if it appears to him, after giving reasonable opportunity to

the applicant or to the licensee, as the case may be, to make relevant

representations, that the applicant organisation, or the licensee, as the

case may be, does not qualify or no longer qualifies as a shipping

organisation in terms of article 84Z of the Act, or if he has reason to

believe that the applicant organisation cannot ensure due observance of

the laws of Malta particularly those related to merchant shipping.

(2) The Minister may, in the interest of Maltese shipping

or in the national interest, direct the Registrar-General not to issue a

licence in terms of these regulations, or not to renew a licence issued in

terms of these regulations, or to revoke such licence.

(1) The applicant organisation, or the licensee, as the case

may be, may, within fifteen days from the date on which a decision

taken by the Registrar-General in terms of regulation 5 hereof is notified

to him, appeal to the Minister for the reconsideration of such decision.

(2) The Minister shall make his decision which shall be final

and from which there shall be no appeal after having taken into

consideration any representations the Registrar-General may have made

in support of his decision.

(3) The decision of the Minister shall be notified forthwith

to the appellant and to the Registrar-General.

Until such time as a licence issued in terms of these regulations

has expired or has been finally revoked, it shall for all intents and

purposes of law be presumed that the licensee is a shipping organisation

according to law, and it shall not be open to any person, authority or

court of law to question the validity of the licence or the qualification

of the licensee as a shipping organisation.

(1) The Registrar-General shall maintain a Register of

Licences recording the status of all licences, as well as all decisions

taken in respect of such licences in terms of these regulations.

(2) The Register of Licences shall be available for public

inspection on payment of such fee as may be prescribed and on

application to the Registrar-General at all reasonable time during the

hours of his official attendance.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press