Aquaculture Operations (Amendment) Regulations, 2023

L.N. 256 of 2023

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Aquaculture Operations (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 38 of the

Fisheries Conservation and Management Act, the Minister responsible

for fisheries and aquaculture has made the following regulations:-

The title of these regulations is the Aquaculture Operations Citation.

(Amendment) Regulations, 2023 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".

In the principal regulations the words "Environment General

Promotion and Protection Fund", wherever they occur, shall be amendment

substituted by the words "Aquaculture Fund".

Immediately after regulation 2 of the principal regulations Adds a new

there shall be added the following new regulation

" Aquaculture Fund.

2A. (1) The Director shall set up and regulations.

administer a fund according to these regulations,

hereinafter referred to as the Aquaculture Fund.

(2) The Aquaculture Fund shall be used to

finance projects, programmes and schemes related to

aquaculture, and to finance costs intended to carry out

and manage the promotion and protection of the

environment and the environmentally sustainable

development of aquaculture, as well as works which

may be needed for that purpose or to remedy any harm

caused to the environment related to aquaculture

Provided that proposals for funding shall

only be considered, but not necessarily approved, if

the said proposals are eligible in accordance with this

regulation and sub-regulation (6) in particular

Provided further that proposals for funding

shall only be received and considered following a call

for proposals issued by the Director through a

Government notice published in the Gazette and only

if in compliance with the conditions that the Director

may prescribe in the said call for proposals.

(3) In administering the Aquaculture Fund, the

Director shall consider the recommendations of an

advisory board established according to this sub-

regulation and consisting of a Chairperson and four

(4) other members appointed by the Permanent

Secretary of the Ministry responsible for aquaculture

Provided that the said board shall be

assisted by a secretary who shall not have the right to

vote

Provided further that all appointed board

members, except the board secretary, shall have an

original right to vote and the Chairperson shall have

an additional casting vote in case of parity of votes.

(4) The board secretary referred in sub-

regulation (3) shall be appointed by the Permanent

Secretary of the Ministry responsible for aquaculture,

according to such conditions as the said Permanent

Secretary may deem fit.

(5) Without prejudice to sub-regulation (2)

and the general public benefit sought by it, financing

from the fund may be approved by the Director in

favour of a proposal for funding

Provided that the said approval may be

given only after a recommendation by the board

referred to in this regulation.

(6) Proposals for funding shall be eligible for

consideration only if they satisfy these regulations and

the eligibility criteria listed in Schedule II

Provided that proposals for funding shall

be submitted in writing to the Director, or to the board

secretary established in accordance with sub-

regulation (3)

Provided further that funding shall not be

given for the acquisition of any title on immovable

property or for any proposal related to built structures

or the acquisition of land.

(7) There shall be paid into the Aquaculture

Fund

(a) any sum appropriated by Parliament

for that purpose;

(b) sums received by the Director for the

purpose of being placed in the Aquaculture

Fund;

(c) any sums or monies which are

payable to the Aquaculture Fund in accordance

with these regulations, unless expressly

excluded in accordance with these regulations;

and

(d) any sums or monies as due to the

Aquaculture Fund in accordance with any other

law

Provided that no payment in accordance

with this sub-regulation shall lead to any real or

perceived conflict of interest, and all payments shall

be published as may be instructed by the Director.

(8) No tax or other fiscal obligation shall be

due for any income or payments received by the

Aquaculture Fund.".

Sub-regulation (11) of regulation 5 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

"(11) The following payments shall be made by

every aquaculture establishment issued with an

operational permit in accordance with these regulations

(a) aquaculture establishments farming the

species Thunnus thynnus shall be subject to a yearly

contribution of ten thousand euro (€10,000)

payable to the Aquaculture Fund;

(b) aquaculture establishments exclusively

farming species other than Thunnus thynnus shall

be subject to a yearly contribution of five thousand

euro (€5,000) payable to the Aquaculture Fund.".

In sub-regulation (1) of regulation 9 of the principal Amends

regulations, the word "Schedule" shall be substituted by the words regulation

"Schedule I".

In the Schedule to the principal regulations, the word Amends the

"Schedule" shall be substituted by the words "Schedule I".

Immediately after Schedule I to the principal regulations Adds a new

there shall be added the following new Schedule

"SCHEDULE II

ELIGIBILITY CRITERIA

(regulation 2A)

1. Eligible applicants shall be organisations being part of the

public administration in accordance with the Public Administration

Act, voluntary organisations registered in accordance with the

Voluntary Organisations Act and students registered with a licensed

and accredited further and higher education institution as recognised

by the Malta Further and Higher Education Authority as established by

article 3 of the Further and Higher Education Act.

2. The project proposal shall declare the positive

contributions to the aquaculture sector, the environment, scientific

research and, or the economy of Malta while it is being implemented

and, or once the project is completed, as well as the public benefit to

the people of Malta in general.

3. The project proposal shall be supported by a detailed

project plan and a feasibility study.

4. Any other eligibility criteria which the Director may

prescribe in accordance with regulation 2A(2).".

€036