344 tal-2015 - Regolamenti tal-2015li jemendaw ir-Regolamentii dwar Rimunerazzjoni lil Uffiċjali tas-Sajd

L.N. 344 of 2015

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Fisheries Officers (Remuneration)

(Amendment) Regulations, 2015

BY VIRTUE of the powers conferred by article 38 of the

Fisheries Conservation and Management Act, the Minister for

Sustainable Development, the Environment and Climate Change, in

conjunction with the Parliamentary Secretary for Agriculture,

Fisheries and Animal Rights, has made the following regulations:-

The title of these regulations is Fisheries Officers

(Remuneration) (Amendment) Regulations, 2015, and these

regulations shall be read and construed as one with the Fisheries

Officers (Remuneration) Regulations, hereinafter referred as the

"principal regulations".

Regulation 1 of the principal regulations shall be

substituted by the following

"1. The title of these regulations is the Fisheries and

Aquaculture Services Payments Regulations.".

Regulation 2 of the principal regulation shall be substituted

by the following

"2. In these regulations, unless the context

otherwise requires -

"Act" means the Fisheries Conservation and

Management Act;

"Department" means the Department of

Agriculture and Fisheries; and

"Director" means the most senior public officer

appointed by the Prime Minister who is not a

Permanent Secretary and who has responsibility for

the management and conservation of fisheries and

aquaculture.".

Regulation 4 of the principal regulations shall be

substituted by the following

4. (1)

Without prejudice to regulation 3

and the obligations of every operator under the Act,

any person who operates an aquaculture

establishment, related to the tuna species having the

scientific name Thunnus thynnus, shall pay a fee for

each calendar year which will be of two hundred and

thirty euro (€230.00) for each tonne of live fish of

the mentioned species which was caged up to the

end of August of each calendar year.

(2) Payment of the fee shall be effected by

the operators by not later than the 30 September of

each year

Provided that, if the payment of the fee is

not effected by the mentioned date, the operator

shall not receive the services of the Director and, or

fisheries protection officers up to the time in which

the payment of the fee is effected.

(3) In case of default in the payment of the

fee by the date mentioned in sub-regulation (2), the

same payment shall be due as a civil debt

enforceable by the competent Court of civil

jurisdiction in favour of the Director following a

declaration by the Director through a notice in the

Gazette which includes the amount due following a

calculation of the fee in accordance with sub-

regulation (1), which civil debt shall constitute an

executive title for the purposes of article 253 of the

Code of Organization and Civil Procedure in the

same manner as if it were a judgement of the

competent Court of civil jurisdiction.".

Immediately after regulation 6 of the principal regulations Adds new

there shall be added the following new regulation

Any payment referred to in these

regulations shall be made to the Director and the

same payment shall be in favour of the Director,

without prejudice to those contractual arrangements

relating to the contracts of service of fisheries

protection officers

Provided that, the Director may delegate

the receipt and processing of payments to a public

officer as may be indicated by notice in the

Gazette.".

B B

6. Subject to the proviso hereof, these regulations shall have

Retroactive

effect.

retroactive effect as from 4th June, 1991

Provided that the provisions of regulation 4 shall have

retoractive effect as from 1st May, 2015, as regards the fee related to

services provided for the caging of tuna species having the scientific

name Thunnus thynnus.

€0.27