Regulations, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,785, 1 ta’ Lulju, 2005

L.N. 238 of 2005

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Licensing of Shipping Organisations)

Regulations, 2005

IN exercise of the powers conferred by articles 84Z(8) and 374 of

the Merchant Shipping Act, the Minister for Competitiveness and

Communications acting in consultation with the Malta Maritime

Authority has made the following regulations> -

(1) These regulations may be cited as the Merchant Shipping Citation,

commencement and

(Licensing of Shipping Organisations) Regulations, 2005.

scope.

(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.

(3) These regulations shall be deemed to have come into

force on the 30th April, 2005.

In these regulations unless the context otherwise requires –

Interpretation.

“the Act” means the Merchant Shipping Act<

“international owner” means international owner as defined

in regulation 2 of the Merchant Shipping (Ships Eligible for

L.N. 71 of 2003.

Registration) Regulations, 2003<

“Minister” means the Minister responsible for shipping<

“registered bareboat charterer” means the registered bareboat

charterer in terms of Part IIA of the Act<

“registered owner” means the registered owner in terms of

Part II of the Act<

“shipping organisation” means a shipping organisation which

qualifies as a shipping organisation in terms of subarticle (1) of

article 84Z of the Act.

An international owner shall, as from the lst May, 2004 or,

from the date that it became or becomes a registered owner or a registered

bareboat charterer, whichever is the later date, be deemed to have an

established place of business in Malta for the purposes of subarticle (4)

of article 84Z of the Act.

An application required in terms of these regulations shall be

signed by an authorised officer, representative or attorney of the applicant

giving such information, details and documents as may be required by

the Registrar-General.

A shipping organisation which qualifies as a shipping

organisation in terms of paragraph (a) of subarticle (1) of article 84Z of

deemed to be issued

the Act, or in terms of paragraphs (a) and (d) of that subarticle, and

qualified to own a Maltese ship that, on the lst May, 2004, was, or, on

or after that date became or becomes, a registered owner or a registered

bareboat charterer shall be deemed to have been issued with a licence

as a shipping organisation authorising it to carry on the activities set

out in paragraph (a) of subarticle (1) of article 84Z of the Act or in

paragraphs (a) and (d) of that subarticle, as the case may be, valid as

from the lst May, 2004 or from the date that the organisation became or

becomes a registered owner or a registered bareboat charterer, whichever

is the later date, until such time, if such licence has not been cancelled

in terms of regulation 9 hereof, that the organisation remains

uninterruptedly a registered owner or a registered bareboat charterer>

Provided that if the principal objects of a shipping organisation

authorised in terms of this regulation to carry on only the activities set

out in paragraph (a) of subarticle (1) of article 84Z of the Act are amended

as to include the activities set out in paragraph (d) of that subarticle,

such organisation shall be deemed to be authorised to carry on the

activities set out in such paragraph (d) from the date that it is certified

that the amendment has come into effect>

Provided further that a shipping organisation may, within eight

days from the time it ceases to be a registered owner or a registered

bareboat charterer, file an application for a renewal of its licence as a

shipping organisation and, the Registrar-General shall, if satisfied that

all requirements for the qualification of the applicant as a shipping

organisation continue to be satisfied, renew the licence for a period of

five years from the date the shipping organisation has ceased to be a

registered owner or a registered bareboat charterer of a Maltese ship

and, thereafter such licence falls to be renewed in terms of regulation 7

hereof.

Without prejudice to any other provision of law, a shipping Application and

issue of licence.

organisation may file an application to be licensed as a shipping

organisation and, the Registrar-General shall, subject to the provisions

of regulation 9 hereof, 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, authorising 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 6 hereof shall be valid Term and renewal

of licence.

for a period of five years from the date of issue and, subject to the

provisions of regulation 9 hereof, the Registrar-General shall, on

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

or, a licence renewed in terms of the second proviso to regulation 5

hereof, every five years for a period of five years.

Provided that a licence issued in terms of regulation 6 to a shipping

organisation authorising it to carry on only the activities contemplated

in paragraphs (a) and (d) of subarticle (1) of article 84Z of the Act shall

not be subject to renewal during the time such organisation is a registered

owner or a registered bareboat charterer and, when that organisation

ceases to be a registered owner or a registered bareboat charterer the

renewal of its licence shall be governed by the second proviso to

regulation 5 hereof.

A licensed shipping organisation may file an application Change in

authorised

requesting to be authorised to carry on activities contemplated in activities.

subarticle (1) of article 84Z of the Act in addition to or instead of any of

the activities already authorised to carry on as laid down in its licence

and the Registrar-General, if satisfied that the shipping organisation

qualifies to have its licence so altered, shall authorise that organisation

to carry on the activities put down in the application.

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

renew a licence and

licence or to authorise any change in its activities in terms of these cancellation of

regulations and, may cancel a licence so issued or renewed if it appears licence.

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 cancel such licence.

(3) Upon refusal, non-renewal or final cancellation of a

licence and without prejudice to the provisions of regulation 11 hereof,

the organisation shall no longer be entitled to operate as a shipping

organisation and upon being so adviced by the Registrar-General, the

organisation shall within thirty days take such steps as are required in

order that it may in terms of paragraph (b) of subarticle (6) of article

84Z of the Act cease to be regulated by the company regulations made

under subarticle (8) of the said article.

(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 9 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 further appeal after having taken into

consideration any representations which the Registrar-General may have

made in support of his decision and any representations of the appellant.

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

to the appellant and to the Registrar-General.

The non issue, expiry, non renewal or cancellation of a licence

issued in terms of these regulations shall only affect the rights and

privileges of an organisation ensuing from it being a shipping

organisation in terms of the Act, so however that it shall not affect the

title of an organisation to any ship or any bareboat charter or other

contractual arrangement nor shall it affect any encumbrance, including

any registered mortgage over such ship, or any legal rights or powers of

a shipping organisation or any holder of a mortgage thereon to deal

with such ship or mortgage.

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

Licences recording the status of all licences issued in terms of regulation

6 hereof, as well as all decisions taken in terms of these regulations in

respect of all licences.

(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.

The Merchant Shipping (Licensing of Shipping Repeals

2004. Organisations) Regulations, 2004 are hereby repealed>

Provided that a licence issued under the said regulations to a

shipping organisation which falls under the provisions of regulation 5

hereof shall cease to be valid with immediate effect and that organisation

shall, subject to the provisions of regulation 5, be deemed to be a licensed

shipping organisation as provided for in the said regulation>

Provided further that a licence issued to shipping organisations

other than those falling under the provisions of regulation 5 hereof shall

remain valid as stated in the licence, following which date the licence

shall be subject to renewal as provided in regulation 7 hereof.