Dispute Resolution Board Regulations, 2007

L.N. 168 of 2007

AGRICULTURAL AND FISHING INDUSTRIES

(FINANCIAL ASSISTANCE) ACT

(CAP. 146)

Dispute Resolution Board Regulations, 2007

IN exercise of the powers conferred by article 7 of the

Agricultural and Fishing Industries (Financial Assistance) Act, the

Minister for Rural Affairs and the Environment, with the concurrence

of the Minister of Finance and Economic Affairs, has made the

following regulations:-

The title of these regulations is the Dispute Resolution

Board Regulations, 2007.

In these regulations, unless the context otherwise requires

''authorised officer'' means any public officer assigned by law to

carry out the duties conferred to the Paying Agency;

''claimant'' means the person engaged in the agricultural

industry;

''the Dispute Resolution Board'' means the Board set up in terms

of regulation 13 of the Paying Agency Regulations;

''farmer'' means a person or group of persons who carry out

activities in the agriculture industry;

''IACS Department'' means the department under whose control

falls the system described in Annex 2 of the Paying Agency

Regulations;

''Paying Agency'' means the Paying Agency appointed under

regulation 3 of the Paying Agency Regulations.

(1) There shall be set up an internal Dispute Resolution

Board which shall be set up in accordance with the provisions of

regulation 13 of the Paying Agency Regulations.

(2) The objective of the Dispute Resolution Board will be that

of resolving disputes between farmers, and between a farmer and the

Paying Agency and, or its delegated services, in a simple, expedient

and transparent manner, avoiding unnecessary expenses.

(3) Any person whose holding is situated in Malta or Gozo

may resort to these procedures to resolve agricultural and veterinary

disputes.

(1) Before resorting to the methods of dispute resolution Classification of

the IACS Department shall carry out an evaluation of all land parcels lands.

used by the farmer.

(2) These procedures will only determine the right of use, by

the farmer, of the agricultural land in question. This right of use shall

be legally recognised according to a list of documents to be presented

as evidence by the same farmer to the IACS Department.

(3) This list will include the type of tenure, indicated by a code

and by the following supporting documents

Type of Tenure

Code

Supporting Documents to be

presented

Private ownership

P

Copy of legal documents as

proof of ownership

Legal tenant of Church,

T

Last official receipt of payment

State or Private land

for

each

parcel

under

consideration

Tenant on privately-owned

L

Legal statement signed by

land not paying lease or

owner/legal tenant granting

working land registered

applicant

rights

of

under someone else

administration of the land

Tenant of State-owned

S

Copy of request for registering

land not paying lease

land in his name.

(4) The farmer must register the type of land use at the LPIS

Section of the IACS Department.

(5) The Registration Officer at the LPIS Section shall be

authorised to verify the documents presented. The said officer must

register the right of use over the agricultural land which shall be then

communicated to the rightful tenant within three months by registered

post.

(6) Should this right of use be contested by another farmer

who declares that he is the lawful tenant, the farmers in the dispute

may resort to the Dispute Resolution Board.

(1) The Paying Agency shall be entitled to carry out Inspection of

administrative checks and on-the-spot controls on every application farms

Veterinary

before granting any aid. The applicant shall be bound to grant access, Services

officials.

to the Paying Agency or its lawful representative or delegate, to the

premises related to the application.

(2) Where the on-the-spot checks reveal cases of non-

compliance with the provisions of the Veterinary Services Act or any

subsidiary legislation made thereunder in respect of the identification

and registration of animals, a copy of the control report shall be sent

without delay to the Paying Agency.

(3) Where a penalty is imposed, the farmer may contest the

matter before the Dispute Resolution Board.

The Dispute Resolution Board shall resolve agricultural

and veterinary disputes by adopting two modes of procedure, namely

the conciliation procedure and the arbitration procedure.

(1) The conciliation procedure, which is the first stage

in a dispute resolution procedure, may only be resorted to if the

parties to the dispute agree to this mode of dispute resolution.

(2) Either of the parties to the dispute may apply for

consideration of a dispute by the Conciliation Board by means of a

letter addressed to the Chairman of the Conciliation Board within

fifteen days from

(a)

the notification of an evaluation of land parcels used

by a farmer; or

(b) the notification of a penalty imposed in relation to a

breach of the provisions of the Veterinary Services Act or any

subsidiary legislation made thereunder in respect of the

identification and registration of animals.

(3) The applicant shall attach to the application all the

necessary documentation relating to the case.

(4) Upon receipt of the application, the Chairman shall notify

the other party of the claim and set a time limit not exceeding fifteen

days within which the other party may file his submissions and either

proceed with the conciliation procedure, or refuse this mode of

dispute resolution.

(5) The conciliation meetings will be composed of a Chairman

and two members. The Chairman of the Conciliation Board will be

the Director of Agriculture or the Director for Veterinary Services, as

the case may be, according to the nature of the dispute.

(6) The Director of Agriculture or the Director for Veterinary

Services, as the case may be, shall nominate the two other members

of the Conciliation Board.

(7) Each Conciliation Board will keep a register, in which the

Secretary of the Conciliation Board shall keep evidence related to the

dispute in question.

(8) Contestations to decisions taken by the Conciliation Board

may only be considered within fifteen days from its decisions.

(9) If no agreement is reached, either party may resort to

arbitration.

(1) The Arbitration Board shall be composed of a panel Arbitration

procedure.

of not more than four persons appointed by the Minister.

(2) Each panel shall be composed of a Chairperson and two

other members.

(3) The Chairperson shall be a person holding the warrant to

practice as an advocate or who has at least three years experience in

the agricultural and veterinary sector according to the nature of the

dispute to be decided.

(4) The other two members sitting on the Arbitration Board

shall have at least one year experience in the agricultural or veterinary

sector according to the nature of the dispute to be decided.

(5) The Minister may, from time to time and according to the

dispute in question, change the composition of the panel as referred to

in sub-regulation (1).

(6) The Chairperson and members of the Arbitration Board

shall be bound by the rules of natural justice, and shall abstain from

hearing any dispute if, in their judgement, it is considered that this

may lead to a conflict of interest.

(1) A complaint filed with the Dispute Resolutions Procedure to be

Board shall be made in writing in the form of a letter explaining followed.

clearly the grounds for the complaint by not later than

(a)

fifteen working days from the date of notification of

a penalty on the aggrieved party, in the case where the parties

have not agreed to go through the conciliation procedure; or

(b) fifteen working days from the date of the decision of

the Conciliation Board.

(2) Any person wishing to file a complaint against the

imposition of a penalty may do so by filing a letter to that effect

addressed to the Chairman, stating the name and address of the person

filing the letter and reference to the inspection giving rise to the

dispute together with a short summary of the facts. The claimant shall

also attach to the letter all the documentation which is relevant to the

dispute in question. Such letter shall be signed and filed by the

claimant personally or by an advocate or legal procurator acting on

behalf of such party.

(3) In the case where the parties have already been through the

conciliation procedure, the applicant shall also attach a copy of all the

documentation which had been filed with the Conciliation Board.

(4) Upon receipt of the letter, the Dispute Resolution Board

shall immediately notify either the officials who had been involved in

the evaluation or inspection or the other party against whom the

complaint is filed, as the case may be.

(5) The Dispute Resolution Board shall set a time limit, not

exceeding fifteen working days, within which the other party may

submit a copy of all the documentation which it may have at hand

regarding the dispute.

(6) The parties to the dispute may appear before the Dispute

Resolution Board either on their own or assisted by their legal

counsel.

(7) The Dispute Resolution Board shall hold its sittings in

public unless, having regard to the matter before it, it deems it fit and

proper to conduct the proceedings or any part thereof behind closed

doors. In any such case, the decision of the Dispute Resolution Board

shall always be delivered in public.

(8) The Dispute Resolution Board shall deal with the disputes

before it with the utmost urgency and shall give its decision without

delay.

(9) Upon the hearing of a complaint, the Dispute Resolution

Board shall have the power

(a)

to confirm, reverse or vary the decision of the

Conciliation Board or of the Arbitration Board, as the case may

be, and to give the appropriate orders for the effective

implementation of any penalty;

(b) to require the production of any document or other

information;

(c)

to order the payment of costs and expenses related to

the complaint by any party to the dispute.

(10) The Dispute Resolution Board shall also have the power to

summon additional witnesses and to appoint any expert or experts as

it may deem necessary for the determination of the dispute before it.

(11) The Secretary to the Dispute Resolution Board shall keep

records of the proceedings; these records shall be sent to the parties at

the conclusion of the proceedings.

(1) The decisions by the Dispute Resolution Board shall Decisions of the

be reached by a majority of the members and shall be final. Where Dispute

Resolution

there is no majority, the final decision shall vest in the Chairman of Board.

the Dispute Resolution Board.

(2) The decision of the Dispute Resolution Board shall be

given in writing and shall be final and binding on the parties. There

shall be no appeal from a decision of the Dispute Resolution Board

except on points of law, which appeal may be lodged not later than

fifteen days from the date of the delivery of the decision of the

Dispute Resolution Board.

(3) Where no such appeal is filed, the decision shall have

immediate effect.

(4) Every decision shall be signed by all the members of the

Dispute Resolution Board and shall contain the date on which, and

the place where, the award will have been given.

(5) Each party to the dispute shall be given a copy of the

decision of the Dispute Resolution Board signed by the members

thereof.

(6) The Dispute Resolution Board shall, by not later than

ninety days from the date when the decision is signed, present the said

decision for registration by the Malta Arbitration Centre.