AQUACULTURE OPERATIONS REGULATIONS

SUBSIDIARY LEGISLATION 425.12

AQUACULTURE OPERATIONS REGULATIONS

30th May, 2017

LEGAL NOTICE 157 of 2017, as amended by Legal Notices 188 of 2020

and 256 of 2023.

The title of these regulations is the Aquaculture

Operations Regulations.

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

AQUACULTURE OPERATIONS

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).

(1)

In these regulations, unless the context

otherwise requires

"Act" means

the

Fisheries

Conservation

and

Management Act;

"aquaculture operation" means the farming, rearing,

keeping or cultivation of aquatic organisms using techniques

designed to increase production of the organisms in question in

any manner whatsoever, including mariculture;

"concession" means any area in the fishing waters of

Malta as allocated by the Director in accordance with an

aquaculture permit as issued according to articles 26 and 27 of

the Act and particularly of article 27(2) thereof;

"Director" means the Director of Aquaculture delegated

under article 4(2) of the Act for the purpose of administering

and enforcing these regulations;

"land base" means the part of the aquaculture

establishment that is located on land and includes any areas

designated as dry stores, feed stores, refrigeration units,

packaging plants, processing plants and, or other premises and

appurtenancies thereto as may be related to such aquaculture

operation;

"operator" means any natural or legal person that owns,

holds on lease, manages or in any other manner operates an

aquaculture operation or any part thereof and is recognized as

such by the Director under regulation 5(1);

"sea installation" means the part of the aquaculture

establishment that is located in the fishing waters.

(2) Save as otherwise provided in these regulations, the

definitions provided for in the Act shall also apply to these

regulations.

(1)

The Director shall set up and 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.

(1)

Without prejudice to the provisions of any

other law, all aquaculture operations shall be subject to a permit in

accordance with articles 26 and 27 of the Act and these regulations.

(2) Any permit referred or issued under these regulations

shall be construed as a permit issued under articles 26 and 27 of the

Act and a permit so issued shall be issued in accordance with articles

26 and 27 of the Act.

(1)

Without prejudice to regulation 3(1), and

except for existing operations according to regulation 9, an operator

shall, prior to commencing his operation, apply with the Director for

a permit to carry out aquaculture operations.

(2) The operator shall use the latest application form as the

Director may publish by notice in the Gazette and he shall submit

such documents as may be specified in said notice.

(3) The application shall be accompanied by all the

necessary documentation in compliance with sub-regulation (2), and

as may from time to time be stipulated by the Director, and shall also

include the following

(a)

an authenticated copy of a valid identification

AQUACULTURE OPERATIONS

document of the applicant;

(b)

an authenticated copy of the current

constitutional documents of the legal person, with a legalized

translation, where applicable, in English;

(c)

in the case of an aquaculture establishment

consisting of or inclusive of a land base, proof of entitlement

to use the area delimiting the land base;

(d)

an operation plan, which shall as a minimum

describe how the aquaculture establishment will be operated

and including the planned maximum capacity of fish, the

modelling of the carrying capacity of the site and the fish

species involved;

(e)

authenticated copies of all relevant licences,

permits, certificates or other documents as may be specified in

the notice referred under sub-regulation (2), including but not

limited to valid permissions issued in terms of the

Environment Protection Act and the Development Planning

Act, as applicable;

(f)

plans of the aquaculture site and sea

installation for which the aquaculture operations permit is

being applied for, which plans shall also include the global

positioning system co-ordinates of the prospective site;

(g)

a signed declaration by the applicant stating his

commitment to abide by the Code of Good Practice for

Sustainable Aquaculture issued under regulation 8.

(4) Receipt of applications shall be subject to the payment

of a fee of thirty-five thousand euro (€35,000.00)

Provided that, if an application under this regulation is

rejected, the applicant shall be entitled to a refund equivalent to

thirty-one thousand and five hundred euro (€31,500.00). Payments

shall be made to the Aquaculture Fund.

(1)

The Director may issue a permit to an operator

when a complete and correct application is submitted together with

the applicable fee under regulation 4(4)

Provided that, for the purposes of these regulations, the

operator alone shall be responsible for all aspects of the aquaculture

establishment and its aquaculture operations and this shall be so for

any act or omission as may be committed or omitted by himself or by

any other persons under his direction or not

Provided further that the Director may refuse to issue a

permit if there exist good and compelling reasons for such a refusal.

The Director shall always give reasons for refusing a permit.

(2) Prior to issuing a permit the Director shall consult with

any relevant competent authority that has a direct interest in the

permitting of the Aquaculture operation

(3) When taking his decision, the Director shall consider the

financial viability of the operation, its environmental impact, all

relevant information and authorisations, Government policy and

strategy on aquaculture and the availability of an adequate site for a

concession that can be allocated to the applicant in accordance with

the Act and these regulations.

(4) Without prejudice to articles 26 and 27 of the Act, the

Director may prescribe such conditions as he deems fit for the issue

and validity of a permit issued under these regulations.

(5) The permit document shall include those conditions

required by the Director for its validity and for conformity thereto.

(6) The permit shall be valid for a period of twenty-five

years and may be renewed for further periods of five years or for such

longer term as determined at the discretion of the Director following

his consideration of each particular case

Provided that the continuation of the permit is subject to

compliance by the operator with all of the conditions referred under

sub-regulation (4) and (5).

Provided further that an Operator shall, at all times, be

in possession of valid permits as required by Environment and

Resources Authority, in accordance with the Environment Protection

Act.

(7) Without prejudice to any other applicable law, no

changes to the aquaculture establishment and its aquaculture

operations may be made unless previously authorised in writing by

the Director.

(8) Upon issuing a permit, the Director shall include the

location and the relevant geographical co-ordinates of the aquaculture

establishment in the Aquaculture Operations Register established

under regulation 6.

(9) The issue of a permit according to these regulations shall

not exempt the holder of such permit from the obligation of obtaining

any other permit or licence which may be required under any other

law.

(10) The Director may revise the conditions laid down in the

permit in order to address any undesirable impacts emanating from

the operation of the aquaculture establishment that were not

adequately addressed through the permitting process.

(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.

(12) In the case of a failure to abide with any of the

conditions of a permit issued under this regulation, the Director shall

notify the operator and specify a time-frame during which corrective

action should be taken.

(13) The Director may suspend or terminate a permit if the

aquaculture operator does not comply with the time-frame

established under regulation 5 (12).

(14) All complete permit applications, once submitted, shall

be processed within 12 months from submission of application,

unless further information is requested.

(1)

There shall be established an electronically

available Aquaculture Operations Register under the responsibility of

the Director.

(2) The register shall identify the locations of the

aquaculture establishments and shall also include any conditions

required by the Director for each particular permit under the Act and,

or these regulations. The register shall also include the following

specific information

(a)

particulars of the permit holder;

(b)

expiry date of the permit issued, without

prejudice to renewals;

(c)

transfers of permit;

(d)

biomass maintained;

(e)

species or class of species that can be

cultivated at the site;

(f)

changes in cultivated species or class of species

over time;

(g)

records of incidents involving loss of fish or

damage to installations at each site;

(h)

any special circumstances to be included at the

discretion of the Director.

(3) The Aquaculture Operations Register shall be made

available to the public.

The Director may revoke any permit issued under these

regulations should an aquaculture establishment fail to be used for

aquaculture operations for four (4) or more consecutive years.

(1)

Without prejudice to any other power and, or

proceeding according to law, the Director may 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.

(1) The Code of Good Practice for Sustainable

Aquaculture shall be that listed in the Schedule I to these regulations.

(2) From time to time, the Director shall publish changes to

the Code of Good Practice for Sustainable Aquaculture

Provided that if such changes involve new requirements,

the Director shall indicate any applicable transitional periods for such

requirements.

(3) The Code of Good Practice for Sustainable Aquaculture

may, inter alia, establish principles of good practice for every

aquaculture operation so as to provide assurance that aquaculture

establishments operate within a highly responsible sector.

(4) Operators of aquaculture establishments shall comply

with all of the requirements laid down in the Code of Good Practice

for Sustainable Aquaculture as may be published from time to time.

(1)

The Director shall endeavour to include in the

Aquaculture Operations Register all aquaculture establishments

which upon the date of coming into force of these regulations were

already operative.

(2) Prior to inclusion in the Aquaculture Operations

Register as referred under sub-regulation (1), the Director shall

ensure that duly competent representatives of the aquaculture

establishments referred under sub-regulation (1) sign a declaration

that their aquaculture operations comply and shall comply with these

regulations and the Act.

(3) Without prejudice to any of the provisions of these

regulations, the aquaculture establishments referred under sub-

regulation (1) shall be registered subject to the payment of the fee

mentioned in regulation 5(11).

(4) Subject to fulfilling all requirements under these

regulations to the satisfaction of the Director, the Director shall issue

a permit for the aquaculture establishments referred in sub-regulation

(1) and in such permit he shall list all conditions and transitional

measures applicable to the operator

Provided that such permit shall include all applicable

mitigation measures necessary to safeguard against any

environmental contamination arising from the aquaculture

operations.

(5) All aquaculture establishments operating before or

during the coming into force of these regulations shall have to be

registered in accordance with these regulations within one hundred

and eighty (180) days from the coming into force of these

regulations

Provided that those aquaculture establishments which

fail to be registered within the stipulated term shall be treated as new

applicants for the purposes of the Act and these regulations.

(6) Failure to implement any of the conditions listed in the

permit issued according to this regulation within such time as

determined by the Director shall ipso facto result in the termination

of the said permit.

(1)

Without prejudice to the obligations of any

other competent authority on alien and locally absent species, the

Director shall be the competent authority for the purposes of Article 5

of Council Regulation (EC) No 708/2007 of 11 June 2007 concerning

use of alien and locally absent species in aquaculture as in force from

time to time.

(2) In the case of an application for a non-routine movement

as outlined in Article 9 of Council Regulation (EC) No 708/2007 of

11 June 2007 concerning use of alien and locally absent species in

aquaculture, the operator shall be responsible to perform the

environmental risk assessment referred to therein and shall bear all

the applicable costs related thereto.

(3) The Director shall be responsible for ensuring that all

obligations within Council Regulation (EC) No 708/2007 of 11 June

2007 concerning use of alien and locally absent species in

aquaculture, as in force from time to time, are adequately

implemented and respected.

(4) For the purposes of sub-regulation 3, the Director may

issue binding instructions to operators

Provided that such instructions shall be reasonable,

proportionate and effective.

Any person who contravenes these regulations shall be

guilty of an offence against the Act.

Schedule I

Code of Good Practice for Sustainable Aquaculture

The document "A Code of Conduct for European Aquaculture"

published by the Federation of European Aquaculture Producers and

dated 2008 is hereby adopted as the Code of Good Practice for

Sustainable Aquaculture in terms of regulation 8(1).