Extension of Jurisdiction of the Administrative Review Tribunal

L.N. 184 of 2012

ADMINISTRATIVE JUSTICE ACT

(CAP. 490)

Extension of Jurisdiction of the Administrative Review Tribunal

(Resources) Regulations, 2012

IN exercise of the powers conferred by article 21 of the

Administrative Justice Act, hereinafter referred to as "the Act", the

Minister for Justice, Dialogue and the Family has made the following

regulations:-

(1)

The title of these regulations is the Extension of

Jurisdiction of the Administrative Review Tribunal (Resources)

Regulations, 2012.

(2) These regulations shall come into force on the 1st July,

2012.

Amendment of Laws

First

Second Column

Column

Enactment

Extent of Amendment

1. Article 2 shall be amended as follows

Malta

Resources

(a) the definition "Appeals Board"

Authority Act.

shall be deleted; and

(b) immediately after the definition

"Treaty", there shall be added the following

new definition

" "Tribunal"

means

the

Administrative

Review

Tribunal

established by article 5 of the

Administrative Justice Act.".

2. Paragraph (v) of sub-article (2) of article

28 shall be deleted.

The laws specified in the First Column of the Schedule to

these regulations shall have effect subject to the amendments

specified in the Second Column thereof.

For the words "Appeals Board", wherever

they occur in sub-articles (6) and (7) of article 31A,

there shall be substituted the words "Administrative

Review Tribunal".

Article 33 shall be substituted by the

following new article

" Adminis

(1)

The provisions of the

Administrative

Justice

Act, in so far as they

-trative

Review

apply to the Administrative Review

Tribunal.

Tribunal, shall apply to any proceedings

before the said Tribunal and the words

"public administration" in the said

enactment shall be construed as a reference

to the Authority.

(2) The provisions of article 25 of the

Administrative Justice Act shall apply to any

proceedings pending before the Resources

Appeals Board constituted under article 33,

as the said article stood prior to the coming

into force of this article, and any such

proceedings shall be assigned to the

Administrative Review Tribunal in terms of

the aforesaid article 25 with effect from 1st

July, 2012.".

5. Article 34 shall be amended as follows

(a) for the words "Appeals Board",

wherever they occur in the said article, there

shall

be

substituted

the

words

"Administrative Review Tribunal"; and

(b) for the words "thirty days" in

paragraph (a) of sub-article (7) thereof, there

shall be substituted the words "twenty days".

6. Articles 35 and 36 shall be substituted by

the following new articles

" Grounds

(1)

The

Administrative

Review Tribunal shall be competent to hear

of appeal.

and decide any appeal made to it in

accordance with the provisions of this Act

and any regulations made thereunder; and,

subject to article 36, the decisions of the said

Tribunal shall be final and binding.

(2) In the exercise of its functions,

the Tribunal may summon any person to

appear before it and give evidence and

produce documents; and the chairperson

shall have the power to administer the oath.

The Tribunal may also appoint experts to

advise the Tribunal on any technical issue

that may be relevant to its decision.

(3) For the purposes aforesaid the

Tribunal shall have the same powers as are

competent to the First Hall, Civil Court

according to law.

(4) The procedure to be followed

before the Tribunal, the time within which

and the manner in which an appeal to the

Tribunal is to be made shall be such as may

be prescribed; and subject thereto, and to

any other applicable provision of this Act,

the Tribunal may establish its own

procedure.

(1)

Any party to an appeal to

Appeal to

the Court

of Appeal. the Tribunal who feels aggrieved by a

decision of the Tribunal, or the Authority if

it feels dissatisfied with any such decision,

may on a question of law appeal to the Court

Cap. 490. of Appeal in terms of the Administrative

Justice Act.

(2) The appeal shall be made by

means of an application filed in the registry

of that court within twenty days from the

date on which that decision has been

notified.".

7. For the words "Appeals Board", in

paragraph (g) of subarticle (6) of article 39, there

shall be substituted the words "Administrative

Review Tribunal".

Water Supply

For the words "Appeals board" in the

and Sewerage

second proviso to sub-regulation (1) of

regulation 9, there shall be substituted the

words "the Administrative Review Tribunal

established by article 5 of the Administrative

Justice Act".

and

For the words "Appeals Board" in the

first proviso to regulation 11, there shall be

substituted the words "the Administrative

Review Tribunal established by article 5 of

the Administrative Justice Act".

1. For the words "Appeals Board" in the

Petroleum for

the

Inland first proviso to regulation 14, there shall be

(Wholesale)

substituted the words "the Administrative Review

Fuel Market, Tribunal".

Bottling

of

2. Regulation 31 shall be substituted by the

LPG

and following new regulation

Primary

" Admi-

31. The

Administrative

Review

Storage

Tribunal established by article 5 of the

nistrative

Review

Facilities.

Administrative Justice Act shall have

Tribunal.

jurisdiction to hear and determine appeals

from decisions of the Authority made under

these regulations."

Liquefied

Regulation 26 shall be substituted by the

Petroleum Gas following new regulation

Market

" Admi-

26. The

Administrative

Review

Regulations. nistrative Tribunal established by article 5 of the

Review

Administrative Justice Act shall have

Tribunal.

jurisdiction to hear and determine appeals

from decisions of the Authority made under

these regulations."

Energy

Sub-regulation (11) of regulation 20 shall be

Performance of amended as follows

Buildings

(a) for the words "within fourteen

Regulations.

days" there shall be substituted the words

"within twenty days"; and

(b) for the words "Resources Appeals

Board as appointed under the Act", there

shall be substituted the words "the

Administrative Review Tribunal established

Cap. 490. by article 5 of the Administrative Justice

Act".

Resources

The Resources Appeals Board (Procedure)

Appeals Board Regulations are hereby revoked.

(Procedure)

Regulations.

1. For the words "Appeals Board" in the

Petroleum for

the

Inland first proviso to regulation 14, there shall be

(Retail) Fuel substituted the words "the Administrative Review

Market

Tribunal".

Regulations.

2. Regulation 32 shall be substituted by the

following new regulation

" Admi-

32. The

Administrative

Review

Tribunal established by article 5 of the

nistrative

Review

Tribunal. Administrative Justice Act shall have

jurisdiction to hear and determine appeals

from decisions of the Authority made under

these regulations."

1. For the words "Appeals Board" in the

Bunkering

(Authorisation) first proviso to regulation 13, there shall be

Regulations.

substituted the words "the Administrative Review

Tribunal".

2. Regulation 21 shall be substituted by the

following new regulation

" Admi-

21. The

Administrative

Review

Tribunal established by article 5 of the

nistrative

Review

Tribunal. Administrative Justice Act shall have

jurisdiction to hear and determine appeals

from decisions of the Authority made under

these regulations."

€0.45