AGRICULTURE CONSULTATIVE COUNCIL REGULATIONS *

SUBSIDIARY LEGISLATION 117.35

AGRICULTURE CONSULTATIVE COUNCIL

REGULATIONS *

23rd January, 2015

LEGAL NOTICE 26 of 2015.

The title of these regulations is the Agriculture

Consultative Council Regulations.

In this Act, unless the context otherwise requires -

"Ch ai r perso n " m e ans t he C ha irp erson of th e Ag ric ul tu r e

Consultative Council and includes, in the circumstances mentioned

in regulation 4(6), the Deputy Chairpersons or any other person

appointed to act as Chairperson;

"Council" shall mean the Agriculture Consultative Council as

established by virtue of regulation 4;

"Crop Farming Committee" shall mean the committee

established in terms of regulation 6;

"Liv esto ck Sector Com mit tee" sh al l m ean the com mit tee

established in terms of regulation 7;

"Minister" means the Minister responsible for agriculture;

"Paying Agency" is the entity established in the Paying Agency

Regulations and European Council Regulation (EC) No. 1290/

2005.

The Agriculture Consultative Council is hereby established

as an advisory body in order to provide a forum for consultation

and dialogue between the representatives of the various sectors of

agriculture and the Government, and is entrusted with the task of

advising the Government through the Minister on issues relating to

(a) agriculture, horticulture, floriculture, and viticulture;

and

(b) breeding and rearing of livestock; and

(c) keeping of bees; and

(d) processing of agricultural products; and

(e) formulation and implementation

of

sustainable

agricultural policies.

(1)

The Council shall be composed of the following

members

(a) a Chairperson;

(b) six representatives of the Government, nominated and

appointed as follows

*These regulations have been repealed by Legal Notice 248 of 2022.

(i)

one person representing the Office of the

Permanent Secretary within the Ministry

responsible for agriculture; and

(ii) one person representing the Agriculture

Directorate within the Ministry responsible for

agriculture; and

(iii) one person representing the Plant Health

Directorate within the Ministry responsible for

agriculture; and

(iv) one person representing the Diversification and

Competitiveness Directorate within the Ministry

responsible for agriculture; and

(v) one person representing the Veterinary Services

Directorate within the Ministry responsible for

agriculture; and

(vi) one person representing the Agriculture & Rural

Payments Agency within the Ministry

responsible for agriculture;

(c) seven persons, each with professional qualifications,

or technical expertise and, or knowledge and

experience in matters related to agriculture, appointed

as follows

(i)

one agricultural economist or agri-business

expert;

(ii) one agricultural marketing expert;

(iii) two representatives from the agro-industry

sector;

(iv) one livestock nutritionist;

(v) one agronomist; and

(vi) one soil scientist;

(d) the Chairperson of the Crop Farming Committee ex

officio; and

(e) the Chairperson of the Livestock Sector Committee ex

officio.

(2) For each of the members nominated in accordance with

sub-regulation (1)(b) to (e), both inclusive, there shall be an equal

number of substitute members representing those same

representatives of the Government, Ministry, Directorates, experts

or committees and who shall have the right to attend meetings in

the absence of nominated members.

(3) The term of office of the members shall be of three years

and they shall be eligible for re-appointment for further term or

term s, provided that a m ember of the Council appointed in

accordance with sub-regulation (1)(b) and (c) shall not hold office

for a period exceeding three consecutive terms.

(4) Members of the Council or committees who are absent for

three consecutive meetings without a valid reason and without

giving notice in writing of the reasons for such absence to the

Chairperson of the Council or committees before or as soon as may

reasonably be after the meeting, shall be declared by the Council or

committee to have resigned

Provided that the Minister, after consultation with the

Chairperson or committee, as the case may be, may remove any

such member from office on grounds of misconduct, proved

infirmity to perform the functions of a member of the Council or

committees, or if any member appointed in accordance with sub-

regulation (1)(b) to (e), both inclusive, ceases to hold office at an

earlier date.

(5) The Minister may designate one of the members of the

Council as Deputy Chairperson and the member so designated shall

have all powers and perform all and any of the functions of the

Chairperson during his absence, or in the event of inability to act as

Chairperson, or during any vacancy in the office of Chairperson.

Notwithstanding the provisions of this regulation, the

Minister may, in any of the circumstances mentioned above in this

sub-regulation, appoint another person to act as Chairperson.

(6) In the event a member of the Council resigns or if the office

of a member of the Council is otherwise vacant or if the member is

for any reason unable to perform the functions of his office, the

Minister may appoint a person who is qualified to be appointed to

be a temporary member of the Council, and any person so

appointed shall, subject to the provisions of this regulation, cease

to be such a member when a person has been appointed to fill the

vacancy or, as the case may be, when the member who was unable

to perform the function of his office resumes those functions.

(7) The Council may act and perform its functions

notwithstanding any absence or vacancy amongst its members

provided that there is a quorum present at the meeting of at least

eight members of the Council.

(8) In the exercise of its functions or in its deliberations on

specific issues or cases, the Council may request the input of

persons engaged in the public sector and, or public entities. The

Council may also request appropriate expertise from, or

collaboration with, third parties, as it may deem appropriate.

(9) The Council shall be consulted by the Minister when

regulations are made under the Act for the regulation of the

procedures to be adopted by the Council, including but not

limitedly to, the filling of casual vacancies, loss of mandate and

substitution of members.

(10) The Council shall appoint a Secretary to keep minutes and a

record of the meetings and of its decisions.

(11) The provisions of this regulation shall apply mutatis

mutandis to committees established under these regulations.

(1) The Council shall be a consultative and advisory body

with the function to

(a) promote participation, dialogue and consensus

amongst all the stakeholders on issues relating to or in

connection with sustainable development of

agriculture and the livestock sector;

(b) improve and enhance the communication between the

stakeholders of the agriculture and the livestock

breeding sectors and Government;

(c) identify issues that affect stakeholders of the

agricultural sector and to propose to the Government

strategies that address such;

(d) propose for consideration sustainable and feasible

projects to implement the objectives of Government

policies in the agricultural and livestock breeding

sector and recommend measures to facilitate and

further the achievement of targets;

(e) upon the request by the Government draw up, examine

and make recommendations on legislative proposals

relating to the objectives of the Council;

(f)

upon the request of the Minister, make

recommendations and submit opinions on any other

matter arising in relation to the functions of the

Ministry responsible for agriculture;

(g) make recommendations to the Government regarding

policies relating to the agricultural sector and rural

development; and

(h) perform any other functions as may be assigned to it

by the Minister under the provisions of these

regulations or any other law.

(2) Without prejudice to the provisions of sub-regulation (1), in

the discharge of its objectives and functions, the Council shall

adopt national perspectives and strategies.

(1) There shall be a Crop Farming Committee which shall

be representative of the crop farming sector and which shall discuss

current matters and provide proposals to promote improvements

pertaining to their sector to the Council and may furthermore be

consulted by the Council on matters or issues which the Council, in

its discretion, may refer to it.

(2) The members of the Crop Farming Committee shall be

appointed by the Minister for a period of three years.

(3) The Crop Farming Committee shall be composed of nine

members coming from the respective Co-operatives/Producer

Organisations, or individuals actively involved in the following

agricultural sectors or activities

(a) dry land agriculture farming; and

(b) greenhouse farming; and

(c) irrigation farming; and

(d) fruit production; and

(e) olive production; and

(f)

viticulture; and

(g) floriculture; and

(h) organic farming; and

(i)

a young farmer (under the age of forty years).

(4) The Chairperson of the Crop Farming Committee shall be

elected by the members of the Crop Farming Committee from

amongst themselves by simple majority, for a period of three years.

(5) The Chairperson of the Council shall convene the first

meeting of the Crop Farming Committee no later than one month

following its appointment with the election of the Chairperson of

the Crop Farming Committee as the sole purpose of such meeting.

The Chairperson of the Council shall carry out all preliminary and

necessary acts to ensure the orderly election of the Chairperson of

the Crop Farming Committee by its members.

(6) The Chairperson of the Crop Farming Committee shall be

an ex officio member of the Council.

(7) The Crop Farming Committee may act notwithstanding any

vacancy amongst its members, provided that there is a quorum

present at the meeting.

(8) Subject to the provisions of these regulations, the Crop

Farming Committee shall regulate its own proceedings and

establish the quorum at meetings thereof.

(1) There shall be a Livestock Sector Committee which

shall be representative of the livestock sector, and which shall

discuss matters and provide proposals to promote improvements

pertaining to their sector to the Council and may furthermore be

consulted by the Council on matters or issues which the Council, in

its discretion, may refer to it.

(2) The members of the Livestock Sector Committee shall be

appointed by the Minister for a period of three years.

(3) The Livestock Sector Committee shall be composed of

eight members coming from the respective Co-operatives/Producer

Organisations, or individuals actively involved in the following

livestock breeders sectors or activities

(a) dairy producers; and

(b) sheep breeders; and

(c) goat breeders; and

(d) swine breeders; and

(e) poultry breeders; and

(f)

rabbit breeders; and

(g) apiculturists; and

(h) a young livestock breeder (under the age of forty

years).

(4) The Chairperson of the Livestock Sector Committee shall

be elected by the members of the Livestock Sector Committee from

amongst themselves by simple majority, for a period of three years.

(5) The Chairperson of the Council shall convene the first

meeting of the Livestock Sector Committee no later than one month

following its appointment with the election of the Chairperson of

the Livestock Sector Committee as the sole purpose of such

meeting. The Chairperson of the Council shall carry out all

preliminary and necessary acts to ensure the orderly election of the

Chairperson of the Livestock Sector Committee by its members.

(6) The Chairperson of the Livestock Sector Committee shall

be an ex officio member of the Council.

(7) The Livestock Sector Committee may act notwithstanding

any vacancy amongst its members, provided that there is a quorum

present at the meeting.

(8) Subject to the provisions of these regulations, the Livestock

Sector Committee shall regulate its own proceedings and establish

the quorum at meetings thereof.

(1) The Minister shall appoint a person from the Public

Sec tor t o act a s Sec re tary to t he Council and who shall be

responsible for the administrative affairs of the Council, the Crop

Farming Committee and the Livestock Sector Committee.

(2) The Secretary shall hold office for a period three years,

under such terms and conditions as the Council, with the approval

of the Minister, may establish.

(3) The Secretary shall be responsible for administrative and

secretarial services of the Council, the Crop Farming Committee

and Livestock Sector Committee and shall, inter alia , be

responsible for

(a) the convening of meetings of the Council, the Crop

Farming Committee and the Livestock Sector

Committee and the keeping of minutes of the meetings

thereof;

(b) the keeping of records of the members present during

the meeting, the members absent and members

excused;

(c) the provision of administrative and secretarial services

required by the Council, the Crop Farming Committee

and the Livestock Sector Committee;

(d) ensuring that all information that may be required for

the Council, the Crop Farming Committee and the

Livestock Sector Committee to effectively carry out

their functions is made available to the Council and the

said committees;

(e) the provision of information and carrying out

preparatory work for the reports of the Council, the

Crop Farming Committee and the Livestock Sector

Committee;

(f)

ensuring that office services are provided for the

running of the Council, the Crop Farming Committee

and the Livestock Sector Committee; and

(g) exercising any other responsibility as may be

delegated by the respective Chairpersons on behalf of

the Council, the Crop Farming Committee and the

Livestock Sector Committee.

(1) The Council shall meet on a regular basis as the

Chairperson may deem necessary provided that the Council shall

hold not less than one meeting every three months in every

calendar year.

(2) The Crop Farming Committee and the Livestock Sector

Committee shall meet on a regular basis as the respective

Chairpersons may deem necessary, provided that not less than one

meeting every three months in every calendar year shall be held.

(3) There shall be a meeting with the Minister of not less than

once every three months in every calendar year.

By not later than six weeks after the end of each calendar

year, or upon a request to the Council lodged by the Minister, the

Council shall deliver to the Minister an annual report on all the

activities undertaken by the Council, the Crop Farming Committee

and the Livestock Sector Committee during the said calendar year.

Such report shall include inter alia a general report on the

proceedings and developments achieved by the Council during the

period to which it relates in respect of matters falling within the

scope of the Council.

(1) The Minister may from time to time, give to the

Council, the Crop Farming Committee and the Livestock Sector

Committee such directives in writing as he may deem appropriate,

being directives consistent with the provisions of these regulations

and any other regulations made under the Act, and the Council and

Committees above-mentioned shall, as soon as practically possible,

g i v e eff e c t t o al l su c h d i r e c t i v e s an d c o n d u c t t h e i r a ff a i r s

accordingly.

(2) For the purposes of these regulations the term "any other

regulations made under the Act" referred to in sub-regulation (1)

shall mean regulations generally so as to give effect to the

provisions of these regulations, and for the better carrying out of

any of the provisions of these regulations

Provided that, without prejudice to the generality of this

sub-regulation, such regulations may, in particular, provide for the

a d m i n i s t r a t i v e a n d o rg a n i s a t i o n a l p r o c e d u r e s , q u or u m a n d

reporting of the Council, the Crop Farming Committee and the

Livestock Sector Committee and any other matter for the proper

functioning of the Council and such Committees.