MERCHANT SHIPPING (LICENSING OF SHIPPING ORGANISATIONS) REGULATIONS

MERCHANT SHIPPING

[ S.234.41

(LICENSING OF SHIPPING ORGANISATIONS)

SUBSIDIARY LEGISLATION 234.41

MERCHANT SHIPPING (LICENSING OF SHIPPING

ORGANISATIONS) REGULATIONS

30th April, 2005

LEGAL NOTICE 238 of 2005.

(1) The title of these regulations is the Merchant Shipping

(Licensing of Shipping Organisations) Regulations.

(2) The purpose of these regulations is to provide for the

licensing of shipping organisations for the purposes of article 84Z

of the Merchant Shipping Act.

In these regulations unless the context otherwise requires -

''the Act'' means the Merchant Shipping Act;

''international owner'' means international owner as defined in

regulation 2 of the Merchant Shipping (Ships Eligible for

Registration) Regulations;

''Minister'' means the Minister responsible for shipping;

''registered bareboat charterer'' means the registered bareboat

charterer in terms of Part IIA of the Act;

''registered owner'' means the registered owner in terms of Part II

of the Act;

''shipping organisation'' means a shipping organisation which

qualifies as a shipping organisation in terms of article 84Z(1) of the

Act.

An international owner shall, as from the 1st May, 2004 or,

from the date that it became or becomes a registered owner or a

registered bareboat charterer, whichever is the later date, be

deemed to have an established place of business in Malta for the

purposes of article 84Z(4) of the Act.

An application required in terms of these regulations shall

be signed by an authorised officer, representative or attorney of the

applicant giving such information, details and documents as may be

required by the Registrar-General.

A shipping organisation which qualifies as a shipping

organisation in terms of article 84Z(1)(a) of the Act, or in terms of

paragraphs (a) and (d) of that subarticle, and qualified to own a

Maltese ship that, on the 1st May, 2004, was, or, on or after that

date became or becomes, a registered owner or a registered

bareboat charterer shall be deemed to have been issued with a

licence as a shipping organisation authorising it to carry on the

activities set out in article 84Z(1)(a) of the Act or in paragraphs (a)

and (d) of that subarticle, as the case may be, valid as from the 1st

May, 2004 or from the date that the organisation became or

becomes a registered owner or a registered bareboat charterer,

whichever is the later date, until such time, if such licence has not

MERCHANT SHIPPING

(LICENSING OF SHIPPING ORGANISATIONS)

been cancelled in terms of regulation 9, that the organisation

remains uninterruptedly a registered owner or a registered bareboat

charterer

Provided that if the principal objects of a shipping

organisation authorised in terms of this regulation to carry on only

the activities set out in article 84Z(1)(a) of the Act are amended as

to include the activities set out in paragraph (d) of that subarticle,

such organisation shall be deemed to be authorised to carry on the

activities set out in such paragraph (d) from the date that it is

certified that the amendment has come into effect

Provided further that a shipping organisation may, within

eight days from the time it ceases to be a registered owner or a

registered bareboat charterer, file an application for a renewal of its

licence as a shipping organisation and, the Registrar-General shall,

if satisfied that all requirements for the qualification of the

applicant as a shipping organisation continue to be satisfied, renew

the licence for a period of five years from the date the shipping

organisation has ceased to be a registered owner or a registered

bareboat charterer of a Maltese ship and, thereafter such licence

falls to be renewed in terms of regulation 7.

Without prejudice to any other provision of law, a shipping

organisation may file an application to be licensed as a shipping

organisation and, the Registrar-General shall, subject to the

provisions of regulation 9, if satisfied that the applicant qualifies as

a shipping organisation for the purposes of article 84Z of the Act,

and on payment of the prescribed fee, issue a licence in favour of

the applicant organisation, authorising it for the purposes of the

Act, to carry on any one or more of the activities contemplated in

the said article 84Z.

A licence issued in terms of regulation 6 shall be valid for

a period of five years from the date of issue and, subject to the

provisions of regulation 9 hereof, the Registrar-General shall, on

application and on payment of the prescribed fee, renew such

licence or, a licence renewed in terms of the second proviso to

regulation 5, every five years for a period of five years

Provided that a licence issued in terms of regulation 6 to a

shipping organisation authorising it to carry on only the activities

contemplated in article 84Z(1)(a) and (d) of the Act shall not be

subject to renewal during the time such organisation is a registered

owner or a registered bareboat charterer and, when that

organisation ceases to be a registered owner or a registered

bareboat charterer the renewal of its licence shall be governed by

the second proviso to regulation 5.

A licensed shipping organisation may file an application

requesting to be authorised to carry on activities contemplated in

article 84Z(1) of the Act in addition to or instead of any of the

activities already authorised to carry on as laid down in its licence

and the Registrar-General, if satisfied that the shipping

organisation qualifies to have its licence so altered, shall authorise

that organisation to carry on the activities put down in the

application.

MERCHANT SHIPPING

[ S.234.41

(LICENSING OF SHIPPING ORGANISATIONS)

(1) The Registrar-General may refuse to issue or renew a

licence or to authorise any change in its activities in terms of these

regulations and, may cancel a licence so issued or renewed if it

appears to him, after giving reasonable opportunity to the applicant

or to the licensee, as the case may be, to make relevant

representations, that the applicant organisation, or the licensee, as

the case may be, does not qualify or no longer qualifies as a

shipping organisation in terms of article 84Z of the Act, or if he has

reason to believe that the applicant organisation cannot ensure due

observance of the laws of Malta particularly those related to

merchant shipping.

(2) The Minister may, in the interest of Maltese shipping or in

the national interest, direct the Registrar-General not to issue a

licence in terms of these regulations, or not to renew a licence

issued in terms of these regulations, or to cancel such licence.

(3) Upon refusal, non-renewal or final cancellation of a licence

and without prejudice to the provisions of regulation 11, the

organisation shall no longer be entitled to operate as a shipping

organisation and upon being so adviced by the Registrar-General,

the organisation shall within thirty days take such steps as are

required in order that it may in terms of article 84Z(6)(b) of the Act

cease to be regulated by the company regulations made under

subarticle (8) of the said article.

(1) The applicant organisation, or the licensee, as the case

may be, may, within fifteen days from the date on which a decision

taken by the Registrar-General in terms of regulation 9 is notified

to him, appeal to the Minister for the reconsideration of such

decision.

(2) The Minister shall make his decision which shall be final

and from which there shall be no further appeal after having taken

into consideration any representations which the Registrar-General

may have made in support of his decision and any representations

of the appellant.

(3) The decision of the Minister shall be notified forthwith to

the appellant and to the Registrar-General.

The non-issue, expiry, non renewal or cancellation of a

licence issued in terms of these regulations shall only affect the

rights and privileges of an organisation ensuing from it being a

shipping organisation in terms of the Act, so however that it shall

not affect the title of an organisation to any ship or any bareboat

charter or other contractual arrangement nor shall it affect any

encumbrance, including any registered mortgage over such ship, or

any legal rights or powers of a shipping organisation or any holder

of a mortgage thereon to deal with such ship or mortgage.

(1) The Registrar-General shall maintain a Register of

Licences recording the status of all licences issued in terms of

regulation 6, as well as all decisions taken in terms of these

regulations in respect of all licences.

(2) The Register of Licences shall be available for public

inspection on payment of such fee as may be prescribed and on

MERCHANT SHIPPING

(LICENSING OF SHIPPING ORGANISATIONS)

application to the Registrar-General at all reasonable time during

the hours of his official attendance.

A licence issued under the Merchant Shipping (Licensing

of Shipping Organisations) Regulations, 2004, revoked by these

regulations, to a shipping organisation which falls under the

provisions of regulation 5 hereof shall cease to be valid with

immediate effect and that organisation shall, subject to the

provisions of regulation 5, be deemed to be a licensed shipping

organisation as provided for in the said regulation

Provided further that a licence issued to shipping

organisations other than those falling under the provisions of

regulation 5 hereof shall remain valid as stated in the licence,

following which date the licence shall be subject to renewal as

provided in regulation 7 hereof.