Tourism Operations (General) (Amendment) Regulations, 2010

L.N. 289 of 2010

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Tourism Operations (General) (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 47 of the

Malta Travel and Tourism Services Act, the Prime Minister, on

the recommendation of the Malta Tourism Authority, has made the

following regulations:-

The title of these regulations is the Tourism Operations Citation.

(General) (Amendment) (Regulations), 2010 and shall be read and

construed as one with the Tourism Operations General Regulations, LN 128 of 2002.

2002, hereinafter referred to as “the principal regulations.”

2 . I n t h e d e fi n i t i o n “ t o u r i s m a c c o m m o d a t i o n Amends regulation

establishments”, immediately after the words “holiday premises” 2 the of principal

there shall be added the words “and any other accommodation regulations.

premises used to house tourists, whether on a temporary or

permanent bases, as the Authority may reasonably define to fall

under these regulations”.

Fit-tifsira “stabbilimenti għall-akkomodazzjoni turistika”, Jemenda

minnufih wara l-kliem “postijiet għall-btala” għandhom jiżdiedu r-regolament 2 tar-

l-kliem “u kull post ieħor ta’ akkomodazzjoni li jintuża bħala

akkomodazzjoni għat-turisti, kemm fuq bażi temporanja kemm

permanenti, kif l-Awtorità tista’ raġonevolment tfisser li jaqgħu taħt

dawn ir-regolamenti”.

Regulation 3 of the principal regulations shall be Amends regulation

amended as follows:-

(a)

for sub-regulation (1) thereof, there shall be

substituted the following

“(1) Prior to the commencement of a tourism

operation, the operator shall apply to the Authority for

a licence. The Authority shall issue a licence for the

relevant tourism operation if it is satisfied that

(a) the issue of such a licence is in conformity

with current tourism policy;

(b) the applicant is a fit and proper person,

and of good character standing;

(c) the applicant possesses the relevant

qualifications, competencies and experience as may

be applicable in terms of the Act, these or any other

applicable regulations and proven by the relevant

certificates, attestations or their equivalent as allowed by

law;

(d) the premises from where the relevant tourism

operation is to be conducted complies with the

provisions of the Act, regulations made hereunder and

any other applicable requirement at law current at the

time.”;

(b) in sub-regulation (2) thereof, for the words “the

applicant shall be required” there shall be substituted the

words “the applicant shall also be required”; and

(c) immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

“(3) A Tourism Compliance Certificate shall be

issued by the Authority if it is satisfied that:-

(a) the development or upgrading conforms with

established tourism policies;

(b) the plans for development or for upgrading

conform with the regulations and with any guidelines

that may be established and made public by the

Authority from time to time;

(c) A Tourism Design Guidelines Certificate is

issued by the Authority provided that applicant submits

the final plans of the project following consultation with

the Malta Environment and Planning Authority.”.

Regulation 4 of the principal regulations shall be

amended as follows:-

(a) in sub-regulation (1), after the words

“requirements” there shall be added the words “relevant to

the particular tourism operation”;

(b) in sub-regulation (3) for the words “reasonable and

justified” there shall be substituted the words “reasonable,

justified and proportionate”; and

(c) in sub-regulation (4) (d) for the words “purposes

of the Act or” there shall be substituted the words “purposes

of the Act and”.

For regulation 5 of the principal regulations, there shall Amends regulation

be substituted the following:-

“5. Without prejudice to the obligations of the Authority

in terms of the Services (Internal Market) Act, it shall be the Cap. 500.

responsibility of the operator of a tourism operation to obtain

any other permit, licence or authorisation required under any

other law.”.

Immediately after regulation 5 of the principal regulations Adds new regulation

there shall be added the following new regulation:-

5A. (1) Applications for a licence to conduct a

tourism operation are to be made on the appropriate

application form issued by the Authority for the purpose,

together with other such documentation required by

these regulations, the Authority’s implementation

guidelines or set out in the application form.

(2) The Authority may, in ensuring whether

an applicant satisfies the requirements for a licence,

request and conduct an interview with such an applicant

or request and conduct an inspection of the premises that

shall be used for the tourism operation being applied for,

and the applicant shall accede to such requests without

delay.

(3) Every applicant shall, together with the

application form submitted to the Authority, make a

payment of any relevant application fee payable to the

Authority.

(4) The Authority shall, without delay,

acknowledge receipt of the application form and the

application fee by letter to the applicant and shall

specify

(a) the periods mentioned in sub-regulation

(6) and sub-regulation (7) within which the

Authority shall determine the application;

(b) the procedure under which a refusal by

the Authority to grant a licence may be appealed in

terms of the Act; and

(c) that an applicant shall not be deemed

to have been issued a licence where the Authority

does not determine an application form within the

periods mentioned in sub-regulations (6) and (7).

(5) In the case of an incomplete application

form, the Authority shall, without delay, inform

the applicant of the need to supply any additional

information or documentation, or of the need to

conduct any interviews or inspections referred to in

sub-regulation (2), and that the Authority shall not

commence processing the application, or proceed to

the next step in the processing of the application, as the

case may be, unless the Authority receives a complete

application form or the required documentation

Provided that an application form shall not be

deemed to be complete unless the Authority is in receipt

of all the documentation required to be submitted

together with the application form or certification of

compliance with all requirements, including compliance

that is established by means of interview or the

inspections referred to in sub-regulation (2).

(6) The Authority shall determine whether

to issue a licence, within forty-five days from the date of

receipt of a complete application form.

(7) The period mentioned in sub-regulation

(5) may, prior to the expiry of the relevant period, be

extended by the Authority for one period of not more

than sixty days. Such extension and the reasons therefore

shall be notified to the applicant without delay.

(8) Where the Authority has not determined

whether to issue a licence to an applicant, within the

periods mentioned in sub-regulation (6), or within

the extended period mentioned in sub-regulation (7),

such applicant shall not be deemed, for all intents and

purposes of law, to be licensed.”.

Immediately after sub-regulation (3) of regulation 6 of

the principal regulations, there shall be added the following new

sub-regulation:-

“(4) The Authority shall process requests for approvals

mentioned in sub-regulations (1) and (3) without delay and

in any case within thirty days from the day of receipt of an

application.”.

Regulation 12 of the principal regulations shall be Amends regulation

amended as follows:-

(a) the whole regulation shall be renumbered as sub-

regulation (1) thereof; and

(b) immediately after sub-regulation (1) as renumbered,

there shall be added the following new sub-regulation :-

“(2) Every licensee of a tourism operation shall

inform the Authority without delay of any changes in his

tourism operation which result, or have the potential to

result, in changes in the conditions of his licence.”.

In sub-regulation (1) of regulation 14 of the principal

regulations, for the words “The licensee of” there shall be

substituted the words “Without prejudice to any other applicable

law, including laws concerning distance selling, consumer rights

and the Services (Internal Market) Act, the licensee of”.

Regulation 15 of the principal regulations shall be Amends regulation

amended as follows :-

(a) in sub-regulation (1) thereof, for the words “No

person shall” there shall be substituted the words “Without

prejudice to any other applicable regulations, no person

shall”;

(b) immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulation:-

“(3A) Applications for licences under this

regulation shall be processed by the Authority according

to the provisions of regulation 5A.”; and

(c) for sub-regulation (5) thereof, there shall be

substituted the following:-

“(5) A licence may be granted as subject to such

requirements, conditions, limitations and exclusions that

the Authority may consider necessary, appropriate and

proportionate in accordance with the Act and regulations

made thereunder.”.

€0.56