Resources Appeals Board (Procedure) Regulations, 2009.

L.N. 70 of 2009

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Resources Appeals Board (Procedure) Regulations, 2009.

IN exercise of the powers conferred by article 28 of the Malta

Resources Authority Act, the Minister for Resources and Rural

Affairs after consultation with the Malta Resources Authority, has

made the following regulations:-

The title of these regulations is the Resources Appeals

Board (Procedure) Regulations, 2009.

Regulation 12(2)

FORM A

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Notice of the day and time for the hearing of an appeal before the Resources Appeals

Board

To .................................................................................................................................

I have to inform you that the Resources Appeals Board will hear on .........................

at .................................. the appeal entered by ........................................... against the

Malta Resources Authority.

Date .............................................

Chairman of the Resources Appeals Board

Secretary of the Resources Appeals Board

FORM B

Regulation 12(4)

Case No. .............................

B

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Notice to a person to give evidence and, or to produce books etc., before the Resources

Appeals Board

To ..................................................................................................................................

You are hereby required to attend before the Resources Appeals Board on

at ....................................................... in order to give evidence in an appeal made by

and/or to produce .........................................................................................................

being books or documents in your custody or under your control.

Failure to attend as hereby required will expose you to the sanctions prescribed by

law.

Date .............................................

Chairman of the Resources Appeals Board

Secretary of the Resources Appeals Board

€0.56

(1) In these regulations, unless the context otherwise

“the Act” means the Malta Resources Authority Act;

“the Appeals Board” means the Resources Appeals

Board;

“the Authority” means the Malta Resources Authority;

“the Chairman” means the Chairman of the Appeals

Board;

“the Code” means the Code of Organization and Civil

Procedure;

“the Minister” means the Minister responsible for

resources;

“the Secretary” means the Secretary of the Appeals

Board.

(2) Subject to the provisions of subregulation (1)

hereof, the provisions of article 2 of the Act shall apply to these

regulations.

The Appeals Board shall be convened by the Chairman as

may be required from time to time.

The Chairman shall decide any question regarding

(a) any abstention or challenge of any member of the

Appeals Board in accordance with article 33(3) of the Act;

and

(b) the procedure to be followed by the Appeals Board.

(1) Save as otherwise provided in these regulations, the

decisions of the Appeals Board shall be taken by a majority vote.

(2) The decisions of the Appeals Board shall be in

writing and shall be signed by the Chairman. The original of such

decisions shall be kept in the registry of the Appeals Board together

with the complete record of the proceedings of each appeal.

(1) The Secretary shall have, mutatis mutandis, all such

powers and duties as are by the Code vested in the Registrar of the

Superior Courts.

(2) On being notified that in accordance with article

36 of the Act an appeal has been lodged from a decision of the

Appeals Board before the Court of Appeal (Inferior Jurisdiction),

the Secretary shall without any undue delay ensure that the relative

records of the Appeals Board are filed in the Registry of the aforesaid

Court of Appeal.

For the purpose of

(a) the hearing and examination of evidence and of

enforcing the attendance of witnesses,

(b) the production of books and other documentary

evidence,

(c) the appointment of technical experts, and

(d) the keeping of good order during the hearing of

appeals,

the Appeals Board shall have all such powers as are vested

by the Code in the Civil Court, First Hall and it shall, mutatis

mutandis, be regulated by the appropriate rules set out

therein.

(1) The Appeals Board shall hold its sittings in any place

which may from time to time be decided upon by the Minister and

its locality shall be duly published by notice in the Gazette.

(2) The records relating to the proceedings of the

Appeals Board shall be kept in the registry of the Appeals Board

which shall be located at a place established and notified by notice

in the Gazette.

(1) Any notice, warrant or order issued by the Appeals

Board shall be signed by the Chairman and counter-signed by the

Secretary.

(2) The service of notices, warrants or orders of the

Appeals Board shall be made by registered mail or by any other

form as the Chairman may determine.

(1) An appeal to the Appeals Board shall, in accordance

with article 34 of the Act, be made by an application signed by the

appellant or his agent. Such application shall state

(a) the decision or directive of the Authority being

appealed from, a copy of which shall be annexed to the

application,

(b) a brief statement of the facts,

(c) the grounds of the appeal, and

(d) a demand that the decision or directive of the

Authority be reversed or varied.

(2) The appeal application shall be filed with the

Secretary in duplicate, one copy of which shall be served through

the Secretary on the Authority.

(3) The Appeals Board may, at any time, allow any

amendment to be made in the application for the purpose of making

such application more clear

Provided that the Appeals Board shall not take

cognizance of any grounds other than those submitted in the appeal

application.

When an application of appeal is served on the Authority,

the Authority shall, in accordance with article 34 of the Act, file a

reply in duplicate with the Secretary stating its reasons for contesting

the application. A copy of such reply shall be served by the Secretary

on the appellant.

(1) Without prejudice to any other provision prescribing

the contrary, the Appeals Board shall as soon as may be after the

filing of the reply by the Authority, or, in default, after the lapse of

the time allowed for such filing, appoint a day for the hearing of the

appeal.

(2) Notice of the day and time appointed for the hearing

of the appeal shall be given to the appellant and to the Authority on

Form A set out in the Schedule hereto.

(3) The appellant and the Authority may be assisted

during the hearing of the appeal by an advocate or a legal procurator

or a technical adviser.

(4) The notice to be given to any person to appear

before the Appeals Board to give evidence and, or produce books or

other documents, shall be given on Form B set out in the Schedule

hereto.

The fee payable to any member of the legal profession

or other person assisting an appellant or the Authority before the

Appeals Board shall be taxed on the basis of paragraph 15(b) of

Tariff E of Schedule A annexed to the Code, and the fee payable to

any technical expert appointed under the provisions of regulation

7(c) hereof shall be taxed by the Appeals Board on the basis of fair

and reasonable compensation for work done.

Save as otherwise expressly provided by these regulations,

the Appeals Board shall regulate its own procedure.

B