Berthage Dues Regulations, 2005

L.N. 174 of 2005

MALTA MARITIME AUTHORITY ACT, 1991

(CAP. 352)

Berthage Dues Regulations, 2005

IN exercise of the powers conferred by section 52 of the Malta

Maritime Authority Act, the Minister for Competitiveness and

Communications in consultation with the Malta Maritime Authority

and in concurrance with the Minister of Finance has made the following

regulations>

These regulations may be cited as the Berthage Dues Citation and

commencement.

Regulations, 2005, and shall come into force on 1 st October 2005.

In these regulations, unless the context otherwise requires>

(Regulation 3)

1. Every vessel at a berth, under the control and management of the Authority

shall be subject to Berthage Dues for every period of 24 hours and part thereof, as

LOA less than 80 metres

-

Lm35

LOA between 80 metres and 200 metres

-

Lm50

LOA over 200 metres

-

Lm75

2. The Authority may levy dues at an increased rate, varying between 200%

and 500% of dues specified in paragraph 1, if, in its opinion, the master, owner or

agent of the vessel, without a reasonable justification>

a) postpones the commencement of an operation after the arrival of the

vessel at a berth< or

b) leaves the vessel idle at berth, for a period of time, after an operation

has commenced< or

c) delays the sailing of the vessel from a berth after the completion of an

operation< or

d) fails to carry out a direction by the Director to vacate a berth within a

period of time esatablished by the Director in a written notice< or

e) leaves a vessel at a berth for a longer period than that established by a

written agreement entered into with the Director.

3. When a vessel is ordered by the Director to shift from one berth to an other,

the length of stay shall be calculated as though the vessel had been at the berth for the

whole duration.

Definitions.

“the Act” means the Malta Maritime Authority Act<

“Authority” means the Malta Maritime Authority as

established by the Act<

“berth” shall have the same meaning as that assigned to “quay”

in the Ports Regulations 1966, and also includes anchoring or L.N. 43 of 1966.

stopping areas within the ports, internal waters or territorial waters

of Malta<

“Director” means the Executive Director responsible for ports

appointed under article 8 of the Act<

“internal waters” shall have the same meaning as that assigned

to it in the Act<

“length overall of a vessel (LOA)” means the distance between

the foreside of the foremost fixed permanent structure and the

aftside of the aftermost fixed permanent structure<

“operation” means any purpose of call of a vessel at a berth,

and it includes cargo handling, passenger operations, bunkering,

ship handling, victualling, repairs and crew changes<

“port” shall have the same meaning as that assigned to it in

the Act<

“territorial waters” shall have the same meaning as that

assigned to it in the Act<

“vessel” means every description of vessel used in navigation,

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

pontoons, floating structures, seaplanes, and any other craft and

similar vessels<

Every vessel at a berth which is under the control or

management of, or is being operated by the Authority, within the

territorial waters, internal waters or a port shall be subject to Berthage

Dues as specified in the Schedule hereto>

Provided that such berthage dues shall not apply to>

(i) a vessel that is charged a fee, for the use of a berth, in

terms of either other legislative provisions or arrangements and

agreements concluded and approved by the Authority<

(ii) a vessel belonging to a foreign Government, provided

it does not engage in trade or commerce<

Any person who is liable for the payment of the dues specified

in the Schedule to these regulations, shall produce to the Authority any

documents which it may require to ascertain the amount of dues payable.

A change in the agent of a vessel shall be notified in writing

to the Authority by both the former and by the new agent of the vessel

immediately such change is registered. In the absence of such

notification, the initial agent of the vessel shall be liable for payment of

any dues which in terms of these regulations accure in respect of the

vessel for the whole duration of its stay in Malta.

Vessels which have been in a port or in the internal or territorial

waters prior to the date on which these regulations come into force,

shall be deemed to have arrived in such waters on the said date and the

dues specified in these regulations shall be paid in respect of such vessels

as from such date.

Notwithstanding the provisions of these regulations, the

Authority may enter into any special agreement or arrangement in respect

of any matter referred to in these regulations in place of any dues leviable

under these regulations

The Director may exempt any vessel from the payment of

Berthage Dues subject to any condition which he may deem fit to impose.