Aquaculture Operations (Amendment) Regulations, 2020

L.N. 188 of 2020

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Aquaculture Operations (Amendment) Regulations, 2020

IN EXERCISE of the powers conferred by article 38 of the

Fisheries Conservation and Management Act, the Minister for

Agriculture, Fisheries and Animal Rights, has made the following

regulations:-

The title of these regulations is the Aquaculture Operations Citation.

(Amendment) Regulations, 2020 and these regulations shall be read

and construed as one with the Aquaculture Operations Regulations, S.L. 425.12.

hereinafter referred to as "the principal regulations".

Regulations 8 to 11 of the principal regulations shall be Renumbering of

renumbered as regulations 9 to 12 respectively.

Immediately after regulation 7 of the principal regulations Adds new

there shall be added the following new regulation

" Powers of the

(1) Without prejudice to any other power

and,

or

proceeding

according to law, the Director may

relating to live

order the release into the sea of any live fish held by or for

a maritime aquaculture establishment, and he may do so

from wherever such fish is found, when he deems that

such fish is being held by someone or for someone in

breach of the Act or of these regulations.

(2) For the purposes of this regulation, in each and

every case, including those in which no offence against

the Act or these regulations has been committed, when

any legal provision of the European Union is to be given

legal effect or be used in Malta which without further

enactment, such legal provision shall be deemed to be

part of these regulations and if in virtue thereof or for

compliance thereto it is necessary for the Director to

order a release, then the Director shall order such a

release

Provided that the provisions of this sub-

regulation shall also apply in relation to obligations,

recommendations or objectives as found in a convention

which Malta and, or the European Union have ratified and

which Malta is obliged to implement under its jurisdiction

in accordance with international law or European Union

law.".

4. These regulations shall apply in full in relation to live fish

which on the date of the coming into force of these regulations are held

in breach of regulation 8 of the principal regulations as brought into

force by these regulations.

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