PORTS REGULATIONS

PORTS

SUBSIDIARY LEGISLATION 499.01

PORTS REGULATIONS

4th August, 1966

LEGAL NOTICE 43 of 1966, as amended by Legal Notices 75 of 1968, 7 and 23 of 1969, 33

of 1971, 13 of 1972, 28 of 1973, 45 and 53 of 1974, 17, 35, 126 and 145 of 1975, 18 and 24 of

1976, 15 and 98 of 1978, 38 of 1981, 11 and 63 of 1988, 99 of 1991; Act XVII of 1991; Legal

Notices 3 of 1998, 252 of 2002, 26 and 493 of 2004, and 425 of 2007; Act XV of 2009; and

Legal Notices 505 of 2010 and 330 of 2012.

Regulations

Part I

General provisions

1 - 2

Part II

Report, movement and berthing of ships

3 - 24

Part III

Control of Ports - Ships and Waters

25 - 45

Part IV

Control of Ports - Premises and Places Ashore

46 - 62

Part V

Working of Ships

63 - 76

Part VI

Handling of Cargo

77 - 94

Part VII

Warehousing

95 - 102

Part VIII

Explosives, inflammable or dangerous goods

103 - 131

Part IX

Miscellaneous

132 - 138

FIRST SCHEDULE

Part I - Explosives

Part II - Explosives (Category B Part II)

Part III - Classification of Explosives

Part IV - Inflammable or dangerous goods

SECOND SCHEDULE

Notice of Expected Arrival of Ship

THIRD SCHEDULE

Traffic Signals in Ports

FOURTH SCHEDULE

I.M.O. General Declaration

FIFTH SCHEDULE

Part I - Prohibited Anchorage Ares

Part II - Prohibited Mooring and Accostage Areas for Small

Craft

SIXTH SCHEDULE

Provisions as to Landing and Shipping of Animals

SEVENTH SCHEDULE

Bundling and Marking of Iron and Steel Bars, etc.

EIGHTH SCHEDULE

Conditions applicable to the Hire of Plant and Gear

NINTH SCHEDULE

Request for the Performance of Overtime

TENTH SCHEDULE

Declaration and Disposal Order

ELEVENTH SCHEDULE

Shipping Order

TWELFTH SCHEDULE

Goods stored in the open

THIRTEENTH SCHEDULE Gate Pass Out

FOURTEENTH SCHEDULE Request for unloading cargo for transhipment

PORTS

PART I

GENERAL PROVISIONS

The title of these regulations is the Ports Regulations.

(Regulations 2, 103)

EXPLOSIVES AND INFLAMMABLE OR DANGEROUS GOODS

PART I

EXPLOSIVES

Gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting-powder, fulminate of

mercury or of other metals, coloured fires, chlorate of potash, chlorate of barium,

and every other substance whether similar to those above mentioned or not used or

manufactured with a view to producing a practical effect by explosion or a

pyrotechnic effect, fog-signals, fireworks, fuses, rockets, percussion caps for mines,

detonators, cartridges, ammunition of all descriptions and every adaptation or

preparation of any such explosive substance or article.

PART II

EXPLOSIVES (CATEGORY B PART II)

Ammunition for cannon without projectiles

Cartridges B.L.

Charges, propellant

Compositions (Type F) P.N.

Compositions (Type F) S.R.

Compositions (Type G) P.N.

Compositions (Type G) S.R.

Cordite

Motors, Rocket, High Capacity

Nitro-cellulose cannon powder

Plastic propellant Type 1

Smokeless powder for cannon.

When these explosives belonging to Shipping Category B are on the same ship as

explosives belonging to Shipping Category C they shall be deemed to be explosives

of Shipping Category C for the purposes of these regulations, unless they are

separated thereupon either by the boiler room and engine room, or by a hold of the

ship.

PART III

CLASSIFICATION OF EXPLOSIVES

For the purposes of this Schedule explosives shall be divided into seven classes as

follows

Class 1

Gunpowder

Class 2

Nitrate-Mixture

Class 3

Nitro-Compound

Class 4

Chlorate-Mixture

Class 5

Fulminate

Class 6

Ammunition

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Class 7

Firework

and when an explosive falls within the description of more than one class it shall be

deemed to belong exclusively to the latest of the classes within the description of

which it falls.

CLASS 1 - GUNPOWDER CLASS

The term "gunpowder" means exclusively gunpowder ordinarily so called.

CLASS 2 - NITRATE-MIXTURE CLASS

The term "nitrate-mixture" means any preparation, other than gunpowder

ordinarily so called, formed by the mechanical mixture of a nitrate with any form of

carbon or with any carbonaceous substance not possessed of explosive properties,

and whether sulphur be or be not added to such preparation, whether such

preparation be or be not mechanically mixed with any other non-explosive

substance.

The nitrate-mixture class comprises such explosives as -

Pyrolithe,

Pudrolith,

Poudre Saxifragine,

and any preparation coming within the above definition.

CLASS 3 - NITRO-COMPOUND CLASS

The term "nitro-compound" means any chemical compound possessed of

explosive properties, or capable of combining with metals to form an explosive

compound, which is produced by the chemical action of nitric acid (whether mixed

or not with sulphuric acid) or of a nitrate mixed with sulphuric acid upon any

carbonaceous substance, whether such compound is mechanically mixed with other

substances or not.

The nitro-compound class has two divisions. Division 1 comprises such

explosives as -

Nitro-glycerine,

Dynamite,

Lithofracteur,

Dualine,

Glyoxiline,

Methylic nitrate,

and any chemical compound or mechanically mixed preparation which consists

either wholly or partly of nitro-glycerine or of some other liquid nitro-compound.

Division 2 comprises such explosives as -

Gun-cotton, ordinarily so called,

Gun-paper,

Xyloidine,

Gun-sawdust,

Nitrated gun-cotton,

Cotton gun-powder,

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Schultz’s powder,

Nitro-mannite,

Picrates,

Picric powder,

and any nitro-compound as before defined, which is not comprised in the first

division.

CLASS 4 - CHLORATE-MIXTURE CLASS

The terms "chlorate-mixture" means any explosive containing a chlorate. The

chlorate-mixture class has two divisions.

Division 1 comprises such explosives as -

Horsley’s blasting powder,

Brain’s blasting powder,

and any chlorate preparation which consists partly of nitro-glycerine or of some

other liquid nitro-compound.

Division 2 comprises such explosives as -

Horsley’s original blasting powder,

Erhardt’s powder,

Reveley’s powder,

Hochstadter’s blasting charges,

Reichen’s blasting charges,

Teutonite,

Chlorated gun-cotton,

and any chlorate-mixture as before defined, which is not comprised in the first

division.

CLASS 5 - FULMINATE CLASS

The term "fulminate" means any chemical compound or mechanical mixture,

whether included in the foregoing classes or not, which, from its great susceptibility

to detonation, is suitable for employment in percussion caps or any other appliances

for developing detonation, or which, from its extreme sensibility to explosion, and

from its great instability (that is to say, readiness to undergo decomposition from

very slight exciting causes), is especially dangerous. This class consists of two

divisions.

Division 1 comprises such compounds as the fulminates of silver and of mercury,

and preparations of these substances, such as are used in percussion caps; and any

preparation consisting of a mixture of chlorate with phosphorus, or certain

descriptions of phosphorus compounds, with or without the addition of carbonaceous

matter, and any preparation consisting of a mixture of a chlorate with sulphur, or

with a sulphuret, with or without carbonaceous matter.

Division 2 comprises such substances as the chloride and the iodide of nitrogen,

fulminating gold and silver, diazobenzol, and the nitrate of diazobenzol.

CLASS 6 - AMMUNITION CLASS

The term "ammunition" means an explosive of any of the foregoing classes when

enclosed in any case or contrivance, or otherwise adapted or prepared so as to form a

PORTS

cartridge or charge for small arms, cannon, or any other weapon, or for blasting, or

to form any safety or other fuse for blasting or for shells, or to form any tube for

firing explosives, or to form a percussion cap, a detonator, a fog signal, a shell, a

torpedo, a war rocket, or other contrivance other than a firework.

The term "percussion cap" does not include a detonator.

The term "detonator" means a capsule or case which is of such strength and

construction, and contains an explosive of the fulminate-explosive class in such

quantity that the explosion of one capsule or case will communicate the explosion to

other like capsules or cases.

The term "safety fuse" means a fuse for blasting which burns and does not explode

and which does not contain its own means of ignition, and which is of such strength

and construction and contains an explosive in such quantity that the burning of such

fuse will not communicate laterally with any other like fuses.

The ammunition class has three divisions

Division 1 comprises exclusively -

Safety cartridges,

Safety fuses for blasting,

Railway fog signals,

Percussion caps.

Division 2 comprises any ammunition as before defined which does not contain its

own means of ignition, and is not included in Division 1, such as -

Cartridges for small-arms, which are not safety cartridges,

Cartridges and charges for cannon, shells, mines, blasting, or other like

purposes,

Shells and torpedoes containing any explosives,

Fuses for blasting which are not safety fuses,

Fuses for shells,

Tubes for firing explosives,

War rockets,

which do not contain their own means of ignition.

Division 3 comprises any ammunition as before defined which contains its own

means of ignition, and is not included in Division 1, such as -

Detonators,

Cartridges for small-arms, which are not safety cartridges,

Fuses for blasting which are not safety fuses,

Fuses for shells,

Tubes for firing explosives,

which do not contain their own means of ignition.

By ammunition containing its own means of ignition is meant ammunition having

an arrangement, whether attached to it or forming part of it, which is adapted to

explode or fire the same by friction or percussion.

PORTS

CLASS 7 - FIREWORK CLASS

The term "firework" comprises firework composition and manufactured fireworks.

Division 1 - The term "firework composition" means any chemical compound or

mechanically mixed preparation of an explosive or inflammable nature which is used

for the purpose of making manufactured fireworks, and is not included in the former

classes of explosives, and also any star and any coloured fire composition, subject to

the proviso hereinafter set forth.

Division 2 - The term "manufactured fireworks" means any explosive of the

foregoing classes and any firework composition when such explosive or composition

is enclosed in any case or contrivance, or is otherwise manufactured so as to form a

squib, cracker, serpent, rocket (other than a war rocket), maroon, lance, wheel,

Chinese fire, Roman candle, or other article specially adapted for the production of

pyrotechnic effects or pyrotechnic signals or sound signals

Provided that a substantially constructed and hermetically closed metal case,

containing not more than one pound of coloured fire composition, of such a nature as

not to be liable to spontaneous ignition, shall be deemed to be a "manufactured

firework".

PART IV

INFLAMMABLE OR DANGEROUS GOODS

Compressed gases - permanent, liquified or dissolved.

Inflammable liquids or solids, including alcohol, acetone, petroleum and

turpentine.

Solids liable to spontaneous combustion, including coal, hay and cotton waste.

Substances liable to spontaneous combustion and which become dangerous by

interaction with water.

Substances which become dangerous by interaction with water.

Substances which are strong supporters of combustion.

Poisonous substances including those which do not give off poisonous gases or

vapour.

Corrosive substances.

Laboratory chemicals and/or medicinal preparations.

Radioactive and fissile materials as defined in regulation 98.

(1)

In these regulations, unless the context otherwise

requires -

"the Act" means the Ports and Shipping Act;

"appliances" when used in relation to port work means any

cranes, winches, derricks, lifting trucks, platform trucks, tractors

and other cargo handling plant, equipment and appliances;

"authorised place" in connection with the repairing of ships

means any slipway, boat repair or lighterage repair workshop, dock

or yard, approved by the Authority for the purposes of repairing

ships;

" A u t h o r i t y " m e a n s t h e A u t h o r i t y f o r Tr a n s p o r t i n M a l t a

established under the Authority for Transport in Malta Act;

"contractor" includes any person authorised by the contractor to

act on his behalf;

"Deep Water Quay" means the new Deep Water Quay in Grand

Harbour at Marina Pinto and all the area enclosed within the

perimeter boundary thereto;

"empty container" shall for the purposes of regulation 81 include

an empty container on a trailer whether such container was

previously landed loaded with cargo from a ship or otherwise or

whether such container is deposited in any part of a port for

shipment;

"explosives" means any or all of the goods specified in Part I and

Part II of the First Schedule;

"fairway" means the whole of the navigable channel or channels

of any port, and in the Grand Harbour of Valletta, extends from the

breakwater entrance, past the mouths of Dockyard and French

Creeks and south-east of Admiralty buoys 6, 7 and 8;

"gate pass-out" or "pass out check" means the gate pass out set

out in the form specified in the Thirteenth Schedule;

"harbour ton" means, in respect of cargo or goods, unless

otherwise specified, a ton of one thousand kilos weight or forty

cubic feet measurement, whichever shall be the greater;

"inflammable or dangerous goods" means any goods included in

any of the classes specified in Part IV of the First Schedule;

"naval ship" means a ship owned or exclusively chartered by the

Government of any country for the purposes of the armed forces of

that country;

"passengers baggage" means packages containing the ordinary

personal effects of the passenger, including pedal bicycles,

perambulators, and the like, but does not include manifested cargo;

"quay" includes any pier, jetty, wharf or landing place;

PORTS

"service boat" means any boat belonging to the Malta

Government or to any foreign Government;

"small craft" means any harbour tug, launch, barge, lighter,

rowing boat, sailing boat or similar craft;

"steamship" includes any mechanically propelled ship;

"the tariff" means the dues and rates leviable under the Act;

"unit load" and "unitised cargo" have the same meaning as that

assigned to them by the Port Workers Ordinance.

(2) In these regulations words and phrases which occur in the

Act have the same meaning assigned to them by the Act.

PART II

REPORT, MOVEMENT AND BERTHING OF SHIPS

Substituted by

L.N. 493 of 2004.

Regulation 4

Deleted by Legal Notice 330 of 2012.

PORTS

No ship on fire or with a damaged hull, machinery or

boilers, or not under control, or which through any cause

whatsoever is unable to manoeuvre with safety shall approach the

Saint Elmo Breakwater to within half a sea mile or enter any port

except with the permission of the Authority and in such manner and

under such guidance as the Authority may direct.

Amended by

L.N. 126 of 1975.

Regulation 6

TRAFFIC SIGNALS IN PORTS

1. A red square flag shown at the Palace Tower Signal Station or at Fort St

Angelo in the Grand Harbour by day or four red lights in a vertical line one over the

other six feet apart, such lights being visible all round the horizon at a distance of

not less than three miles shown at the Station and Fort by night, shall signify that the

restriction of traffic is considered necessary for any particular purpose; and during

such time no ship shall enter or leave the Grand Harbour or shall obstruct the fairway

in any way.

2. A red square flag hoisted at the dip by day or three red lights shown

vertically by night in each case at the Palace Tower Signal Station or at Fort St

Angelo, shall signify that all merchant traffic in the Grand Harbour is to cease

Provided that during such time a merchant ship in charge of a pilot may

enter or leave Grand Harbour for the purpose of berthing or leaving the Fishmarket

Anchorage, but may not proceed south-westward of a line joining Customs House

and Fort St Angelo Flagstaffs.

3. A red diamond (double cone) by day and a red light over a white light by

night shown at the Palace Tower Signal Station or at Fort St Angelo shall signify that

ships may enter but not leave the Grand Harbour.

4. Two red diamonds, one above the other by day, and two red lights one above

the other by night, shown at the Palace Tower Signal Station or at Fort St Angelo

shall signify that a ship may leave but not enter the Grand Harbour.

5. Two black balls shown vertically by day and a white light over a red light by

night shown at the Palace Tower Signal Station or at Fort St Angelo shall signify that

weather conditions preclude the pilot launch from going outside the Grand Harbour

to meet incoming ships.

6. (1) Ships under way with a pilot on board shall display by day the

International Code Flag "H" and by night two lights in a vertical line visible all

round, the upper being white and the lower red.

(2) Ships manoeuvring with a pilot on board in the circumstances specified in

Column One of the Table immediately following, shall display by day, in addition to

the "H" flag specified in subparagraph (1) and by night in lieu of the light signals

specified in subparagraph (1), the appropriate signals specified against each item in

Column Two of the said Table and when that is the case the provisions contained in

Column Three of the said table shall apply

TABLE

Column One

Column Two

Column Three

1. The

ship

is by day: International Code, T h e s h i p s h a l l n o t b e

manoeuvring to anchor or

Pennant No. 2.

obstructed or passed

berth.

closely.

by night: 2 vertical white

lights.

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2. The ship is getting by day: International Code, T h e s h i p s h a l l n o t b e

under way to proceed to

Flag "G" at the dip.

overtaken or passed

sea.

closely.

by night: 3 vertical lights,

the upper and lower

red, and the middle

white.

3. The manoeuvre has by day: International Code The ship may be passed or

been stopped.

P e n n a n t N o . 2 o v e r overtaken.

Internationally Code

answering pennant.

by night: 3 vertical lights,

upper and lower white

and middle red.

(3) Ships lying off a port or in the approaches to a port shall, when in the

circumstances specified in Column One of the Table immediately following, exhibit

the appropriate signals specified in Column Two of the said Table.

TABLE

Column One

Column Two

I am carrying explosives and am

by day: A black ball hoisted over

awaiting berthing instructions.

International Code Flag

"B".

by night: Three lights in a vertical

line one above the other the

upper being white and the

lower ones red.

7. A triangular blue flag, shown at the Palace Tower Signal Station or Fort St

Angelo, shall signify that it is unsafe for boats and low powered craft to proceed

outside the limits of the Grand Harbour or of Marsamxett Harbour.

8. A square red flag with a white St Andrew’s cross shown by any ship shall

indicate that divers are working in the vicinity and in such circumstances all ships

shall keep clear and shall exercise all necessary caution in passing such ship.

9. (1) A large pendant, shown at Fort St Angelo accompanied or not by short

blasts sounded on a siren, shall signify that aircraft are alighting in or taking off

from the Grand Harbour.

(2) While the pendant specified in subparagraph (1) is flying, all craft shall keep

clear of the vicinity of the aircraft.

(3) A boat displaying International Code Flag "F" will patrol the area to assist in

keeping it clear.

(4) The completion of the manoeuvre specified in subparagraph (1) shall be

signified by the hauling down of the black pendant, accompanied or not by the

sounding of a blast of ten seconds duration on the siren.

(5) Notwithstanding that the provisions of subparagraphs (1) and (3) have not

been complied with, all craft shall on their own initiative keep well clear of any

aircraft which is landing in the Grand Harbour.

10. The provisions of this Schedule shall not apply to small craft or to ships of

not more than 500 tons gross register plying exclusively in the territoral waters of

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Malta

Provided that such small craft or ships shall not obstruct in any way ships

manoeuvring in accordance with the signals prescribed in this Schedule.

11. (1) A ship or small craft passing a dredger shall in all cases pass at slow

speed and with caution and shall give a wide berth to the dredger and her anchors.

(2) When, during the day, a dredger shows a black ball on the top of the mast

and a red diamond shape on either end of the yard arm of that mast, or, during the

night a dredger shows a white light on the top of the mast and a red light on either

end of the yard arm of that mast, no ship or small craft shall pass on either side of the

dredger until such time as such signals are taken down or are replaced by the signals

set down under subparagraph (3).

(3) When, during the day, a dredger shows a black ball on the top of the mast

and one red diamond shape on one side of the yard arm of such mast and a black ball

on the other side of that yard arm, or when during the night, a dredger shows a white

light on the top of the mast and one red light on one side of the yard arm of that mast

and one white light on the other side of that yard arm, then no ship or small craft

shall pass on that side of the dredger showing the red diamond shape or the red light,

as the case may be.

(4) In this paragraph the black ball or the red-diamond shape shall not be less

than two feet in diameter and the light shall be visible at a distance of at least one

mile on a dark night with a clear atmosphere.

PORTS

The operator, agent or master of a ship proposing to call at a

port or an anchorage in Malta or in the territorial waters of Malta to

receive a service shall give advance notice of arrival to the Authority

in terms of the provisions of the Vessel Traffic Monitoring and

Reporting Requirements Regulations.

Amended by

L.N. 33 of 1971.

Regulation 4

Substituted by

L.N. 252 of 2002.

IMO General Declaration

Arrival

Departure

1. Name and description of ship

2. Port of arrival/departure 3. Date - time of arrival/departure

4. Nationality of ship

5. Name of master

6. Port arrival from/Port of destination

7. Certificate of registry (Port, date, number)

8. Name and address of ship’s agent

9. Gross Tonnage

10. Net tonnage

11. Position of the ship in the port (berth or

station)

12. Brief particulars of voyage (previous and subsequent ports of call, underline where remaining cargo will be

discharged

13. Brief description of the cargo

14. Number of crew

15. Number of

16. Remarks

(incl. Master)

passengers

Attached documents

(indicate number of copies)

IMO Convention on Facilitation of International Maritime Traffic

17. Cargo Declaration

18. Ship’s Stores

Declaration

19. Crew List

20. Passenger List

21. Date and signature by master, authorised agent or officer

22. Crew’s Effects

23. Maritime

Declaration*

Declaration of

Health

For official use

* only on arrival

PORTS

(1)

Before entering a port a ship shall hoist the following

flags

(a) her national colours;

(b) the ship’s signal letters;

(c) the international quarantine signal appropriate to her

condition; and

(d) if carrying explosives, inflammable or dangerous

goods, the International Code flag "B".

(2) So long as she lies in a port, a ship shall fly her national

colours between 8.00 a.m. and sunset of each day.

(3) The international quarantine signal specified in

subregulation (1)(c) shall remain hoisted until such time as the Port

Medical Officer gives the ship pratique.

(4) Ships carrying explosives, inflammable or dangerous goods

shall, so long as they remain in a port, by day fly the International

Code flag "B" specified in subregulation (1)(d) and by night shall

exhibit where it can best be seen and in any case not less than

twenty feet above the deck, a red light visible all round the horizon

for a distance of at least two miles.

PORTS

Amended by

L.N. 18 of 1976.

Regulations 15, 16

PART I

PROHIBITED ANCHORAGE AREAS

1. The area in the Grand Harbour of Valletta enclosed between two lines drawn

respectively from the landing stage at the north-eastern corner of Lascaris Bastion to

Fort St Angelo flagstaff and from the Customs House flagstaff to Isola Watch Tower.

2. The area in Marsamxett Harbour, south-east of Lazzaretto, within the

following limits

(a) Eastern limit

A line drawn in a 159 degrees direction from a point on the Manoel

Island shore, which bears 052 degrees 420 feet from the south-east

corner of the Lazzaretto building, across the Harbour to the Valletta

shore;

(b) Western limit

A line drawn in a 174 degrees direction from a point which bears 271

degrees 130 feet from the south-east corner of the Lazzaretto building,

across the Harbour to the Valletta shore.

PART II

PROHIBITED MOORING AND ACCOSTAGE AREAS FOR SMALL CRAFT

1. The waters fronting the Deep Water Quay at Marina Pinto from the north

eastern extremity of the Wine Verandahs to the nort-eastern boundary of the

N.A.A.F.I. building.

2. The waters fronting the Bonded Stores Wharf in the south-west extension of

the Grand Harbour between the steps opposite the north-east end of Cejlu Street and

a point on the wharf opposite the north-west end of Cejlu Street.

3. The quay fronting the Customs House.

4. The waters fronting Shipwrights Wharf.

5. The waters fronting Coal Wharf.

6. The waters fronting Laboratory Wharf.

PORTS

For the purpose of the regulation of traffic in the ports the

provisions of the Third Schedule relating to signals and other

connected matters shall apply;

Provided that the Authority may, when it considers it

desirable to do so, by notice published in the Gazette, regulate the

movement of ships and small craft into, out or within any port, and

may permit or prohibit within the limits of a port or the approaches

to a port the movement of ships or small craft subject to such

conditions, as the Authority may deem fit to impose.

Regulation 45

PROVISIONS AS TO LANDING AND SHIPPING OF ANIMALS

1. (1) Horses, asses, mules, bulls and cows shall be landed or

shipped by means of slings protected by such material as, in the

opinion of the Principal Government Veterinary Surgeon, will

prevent chafing.

(2) Horses, asses, mules and cows shall be individually

disembarked but bulls may be disembarked in pairs.

2. Any pregnant animal shall be landed or shipped in a portable

Preganant animals.

box.

3. If any animal has a limb broken or is otherwise seriously

injured or is in a wild state so as to be incapable of being landed or

shipped in accordance with the provisions of this Schedule, the

person in charge of the landing or shipping shall forthwith inform a

Government Veterinary Surgeon, and the animal shall then be dealt

with in accordance with such directions as such Government

Veterinary Surgeon shall give.

Within the limits of any port all ships shall proceed at a

slow speed

Provided that when there is a heavy swell at the entrance of

a port the speed shall be so regulated for the passage through the

entrance as to ensure that control of the ship is not lost.

Regulation 65

BUNDLING AND MARKING OF IRON AND STEEL BARS, ETC.

1. (1) All pipes and tubes up to 2" outside diameter shall be bundled and

securely fastened with strong wire or bands in at least three places.

(2) Each bundle shall be marked with a metal tag, securely fastened, and printed

with embossed letters and numbers, giving the shipping marks and numbers of the

(3)

Each bundle shall be clearly marked with a distinctive oil paint colour mark.

2. Loose iron or other metal pipes, tubes, rods or bars of more than 2" outside

diameter shall each be clearly marked with a distinctive oil paint colour mark, and 5

per centum of each consignment shall be marked with a metal tag as specified in

paragraph 1(3).

3. Loose asbestos sheets or ridges or earthenware pipes and tubes of more than

2" outside diameter shall each be clearly marked with a distinctive oil paint colour

mark, and 5 per centum of each consignment shall have clearly stenciled shipping

marks and numbers.

PORTS

The master of any ship entering or leaving a port shall, if

practicable, cause both bower anchors and cables to be clear and

ready for use if required.

Amended by

XVII. 1991.81.

Regulation 69(4)

CONDITIONS APPLICABLE TO THE HIRE OF PLANT OR GEAR

1. All port plant or gear hired out and the crew thereof, if any, shall be under

the sole control of the hirer during the period of the hire

Provided that the hirer shall conform with any reasonable order or condition

in regard to the working or stoppage of work of the port plant or gear which may

from time to time be given or imposed by the Authority.

2. The Authority shall not be liable for any loss or damage occasioned by the

port plant or gear and the crew thereof or by delay due to breakdown of any harbour

plant or by failure of electric power howsoever caused, or through any labour dispute

or through the wrongful act of any third party.

3. Notwithstanding that the port plant or gear is worked by the employees of

the Authority, the hirer shall be liable for any damage done to any such port plant or

gear or to any gear used in connection therewith, during the period of such hire, fair

wear and tear only excepted.

4. Should any such port plant or gear in the opinion of the Authority be used in

an improper manner the Authority shall have power immediately to terminate the

hire of such plant and the hirer shall at once return it at his own expense to the place

appointed by the Authority.

5. In the case of port plant consisting of cranes the following additional

provisions shall apply

(a) no person shall use any crane to break out cargo from holds without the

permission of the Authority;

(b) no person shall make or attempt to make a hoist which exceeds the

certified lifting capacity of the crane;

(c) no person shall reeve the wire rope or chain of the crane under the

coamings of any hatches; and

(d) no person shall drag cargo from under or across decks by the wire ropes

of the crane.

PORTS

The master of any ship entering a port shall, when the

weather permits, cause the derricks to be hoisted ready for the

discharge of cargo.

Amended by

L.N. 33 of 1971;

Regulation 70(2)

XVII. 1991.81.

Substituted by

L.N. 425 of 2007.

Amended by

XV. 2009.49.

Form of application for overtime work

AUTHORITY FOR TRANSPORT IN MALTA

REQUEST FOR THE PERFORMANCE OF OVERTIME

Name of Applicant ................................................................................................

Address ................................................................................................................

Date .....................................................................................................................

Permission is requested to*

Attendance of port officers and/or of contractor’s employees is required at ...........

o’clock on the .......................................

I/We hereby undertake to defray all expenses for the performance of the work here

requested, and also to pay for the attendance of port officers and of contractor’s

employees directed to attend if the work requested is not performed.

Signature ...................................

12c stamp

* Here insert nature of service required.

This request should be lodged with the Authority for Transport in Malta in

sufficient time to permit the Authority to make arrangements for the work required.

PORTS

(1) The master, the ship’s agent or some other person duly

authorised by the master, of every ship -

(a) arriving at a port from any place beyond the seas; and,

or

(b) departing from a port, but before applying for outward

clearance from a port in accordance with the

provisions of the Customs Ordinance;

shall make, subscribe, and deliver to the Authority, on the form

specified in the Fourth Schedule, a true statement of the

information required in that form.

(2) The Authority may require by notice in writing any master,

ship’s agent or person carrying on business or trade in the maritime

transport sector to submit, in such form and manner, by such means

and within such time as it may require, such information in relation

to the ship, cargo or passengers.

(3) The master, ship’s agent or person responsible to comply

with this regulation shall be responsible to pay for all damages,

expenses or consequences resulting from failing to submit the

information as required or supplying any erroneous information or

declaration required under this regulation. Any such action taken

by the Authority shall not preclude it from taking further legal

action against the persons who contravene the provisions of this

regulation.

Amended by

L.N. 33 of 1971;

Regulation 80

XVII. 1991.81;

L.N. 425 of 2007;

XV. 2009.49.

FORM OF DECLARATION AND DISPOSAL ORDER

AUTHORITY FOR TRANSPORT IN MALTA

DECLARATION AND DISPOSAL ORDER

PART I

PART II

(To be filled by Importer or his Agent)

(To be filled by the Authority for

Transport in Malta)

Importing Ship ................................. Port of Loading ..................................... Date of arrival of importing ship ....

Duty Entry No. ...................

Cargo handled at (1) main quays/

other quays.

The goods specified in this D. & D.O. are being discharged on (1) F.I.O./liner Weight on Test ..............................

terms as shown in BILL OF LANDING No. ....................

M/M on test ...................................

Value

(2)

Disposal Certificate No. .................

Marks

No. of

Description

(C.I.F.)

Deadweight Cu. M/M

& Nos. Packages

of contents

instruc-

€

€

tions

CHARGES

Wharfage .....................

Handling ......................

Heavy Lifts ..................

Storage ........................

TOTAL

TOTAL

I declare the above particulars to be true and correct.

Importer .................................................

Calculated by ......

(Block letters)

Checked by .........

Signature of Importer or his Agent.....................................

Date ....................

Authority for

Transport in

Address .................................................................... Date ...............................

Malta

(1) Delete as necessary.

(2) Appropriate letter to be entered in Disposal Column: A. For local delivery

B. To Customs Bonded Stores C. For transhipment/Re-Export.

PORTS

At least four hours before a ship intends to leave, the

master of the ship or the agent on his behalf shall give notice

thereof to the Authority.

PORTS

Amended by

L.N. 33 of 1971;

Regulation 83

XVII. 1991.81;

L.N. 425 of 2007;

XV. 2009.49.

Form of Shipping Order

AUTHORITY FOR TRANSPORT IN MALTA

Shipping Order

Part I

(To be filled in by the Exporter or his Agent)

Authority for Transport in Malta

Please receive the following goods for shipment on *F.I.O./liner terms by S.S.

......................... sdailing on ................................. destined for .................................

Shipping Order No. ............................. .

I/We declare that the goods are

*A of local production

B transhipment

C re-exports

Exporter’s name ................................................... Signature ................................

Address ................................................................. Date ......................................

Marks and

Value

No. of Packages

Description of contents

Deadweight

Cu. M/M

Numbers

f.o.b

€

c

PART II

PART III

Received and shipped on board S.S. ............................

(To be filled by the Authority for Transport in Malta)

the above mentioned goods, handled at *main quays/other

quays.

Weight on Test ....................... M/M on Test ..................

Certificate No. .....................

REMARKS

CHARGES

€

c

Wharfage .................................................

Landing and Shipping Co.

Handling ..................................................

(Goods received on board)

Heavy Lifts ..............................................

Storage ....................................................

TOTAL

MASTER

Calculated by ...........................................

Checked by ..............................................

* Delete that which is not applicable.

Date .................................

Authority for Transport in Malta

PORTS

TWELTH SCHEDULE

Amended by

XVII. 1991.81.

Regulation 95

GOODS STORED IN THE OPEN

Asbestos pipes, sheets and ridges, ashes, asphalt, bones, bricks, chalk, charcoal

cinders, clay, coal, concrete manufactures, flowerpots (earthen), firewood, girders,

horns, iron, steel and other metals or manufactures thereof, whether cast, forged or

rolled and in such forms as pigs, ingots, billets, blooms, slabs, bars, plates,

galvanised sheets and sections, rods, tubes, pipes or girders, ores, scrap metal pipes

(earthen), sand, slate, sleepers, stone, straw, sulphur in bulk (not being flowers of

sulphur), timber, vehicles and chassis and articles or packages which being of such

length, bulk or weight or of such exceptional bulk in proportion to weight as in the

opinion of the Authority cannot be conveniently handled in buildings.

PORTS

(1) The master of any ship entering, shifting berth within,

or leaving a port shall have sufficient hands for the purpose, and

shall at all times keep the ship in a fit and safe condition for

removal, in default of which the removal may be performed by the

Authority at the ship’s risk and expense.

(2) Within a port the master shall not drop main steam or power

or immobilise the engines without first obtaining permission from

the Authority.

(3) Within a port the master shall moor a ship with good and

sufficient warps to the satisfaction of the Authority and he shall not

cast off any warps for any reason unless he is ordered or authorised

so to do by the Authority.

(4) Where in the opinion of the Authority a ship is not suitably

found with the necessary gear, the Authority may require the

master to obtain such gear, and it shall be the duty of the master to

obtain such gear.

Added by

L.N. 17 of 1975;

Regulation 2

Amended by

XVII. 1991.81;

XV. 2009.49.

Authority for Transport in Malta

Gate Pass-Out

No. .....................

Date ..............................

Time ......................

Registration No. of Road Vehicle ..........................................................................

Name of Ship .............................................................. B/L No. ............................

Number of packages

Marks

Description of Goods

Signature

Received the goods in good order and condition with the following exceptions

Signature ...............................

Consignee or his

Authorised Agent

This pass is to be used only for motor transport vehicles using the Port. It is valid

for the date of issue only.

PORTS

(1) No ship arriving between the first day of October of

one year and the thirty-first day of March of the following year

under conditions which, after berthing, render her unable to put to

sea or to shift berth under her own power shall berth at the

Fishmarket Anchorage or Kalkara Gate Anchorage.

(2) The master of any ship berthed at any of the said

anchorages during the said period shall -

(a) keep steam handy;

(b) not put the engines out of action; and

(c) not undertake any repairs which would render the ship

incapable of weighing anchor at short notice and

getting under way should the necessity to do so arise.

Added by

L.N. 15 of 1978.

Regulations 70, 78

Request for unloading cargo for transhipment

1. Name of ship: ..............................................................................................

2. Nationality: .................................................................................................

3. Tonnage: Gross: ............................................. Net: .....................................

4. Length overall: ............................................................................................

5. Estimated deepest draught on arrival ............................................................

6. Date expected: .............................................................................................

Description and tonnage of cargo to be landed from each loading port

Loading port: ...............................................................................................

Description: .................................................................................................

Deadweight: ................................................................................................

Measurement: ..............................................................................................

Description and tonnage of cargo to be shipped to each port of destination

Port of destination: ......................................................................................

Description: .................................................................................................

Deadweight: ................................................................................................

Measurement: ..............................................................................................

9. Estimated period of storage required for cargo by port of destination,

description, deadweight and measurement

10. Description and details of explosives, inflammable or dangerous goods -

giving gross weight, stowage and whether to land or remaining on board

11. Agents: ........................................................................................................

12. Remarks: .....................................................................................................

Date: .............................

Owner / Agent

Note: If space on this schedule is not sufficient, information should be continued on a separate sheet

which should also be signed by Owner / Agent.

(1) A ship shall occupy any berth that may be assigned to

her by the Authority, whether at any quay or elsewhere, and shall, if

so required, move to such other berth as the Authority may direct.

(2) No master shall, except in sudden stress of weather

endangering the safety of the ship, shift or change the berth

assigned to his ship without obtaining the previous permission of

the Authority.

(3) The master of a ship proceeding alongside a quay on

another ship shall ensure that the ship has no list, that she is

trimmed upright and that all derricks, booms and yards are rigged

inboard.

(4) The master of a ship shall not, except with the permission

and under the instructions of the Authority, moor his ship in the

Grand Harbour -

(a) between the mouth of such harbour and a line drawn

from the Fort St Angelo flagstaff to the north-eastern

corner of Lascaris Bastion, or

(b) in the area between two lines drawn respectively from

Customs House flagstaff to Isola Watch Tower and

PORTS

from the south-western extremity of the Deep Water

Quay at Marina Pinto to Ras }anzir,

or keep such ship at anchor in such areas longer than is necessary

for the purpose of manoeuvering the ship to or from her berth.

The areas specified in Part I of the Fifth Schedule shall be

prohibited anchorage areas and no master shall drop or keep the

ship’s anchor down in any such area.

The areas specified in Part II of the Fifth Schedule shall be

prohibited mooring and accostage areas for small craft and no small

craft shall be moored in or shall accost such areas except with the

permission of the Authority.

The master of a ship within a port shall at all times have

sufficient hands on board to attend to the ship’s mooring and to

cause them to be slackened or hove in as may be necessary.

(1) No master may make any rope fast except to dolphins,

buoys, mooring posts, and bollards placed for the purpose, and

shall not use any wire rope unless the edge of the coping of the

quay is protected from chafe to the satisfaction of the Authority.

(2) No person may use any chain cable for mooring alongside

except with the permission of the Authority.

Every master shall anchor, moor and berth his ship to the

satisfaction of the Authority, and shall take such additional

precautions in severe weather as may be directed by the Authority.

A master of a ship shall cause efficient rat guards to be

affixed on every line and wire connected to or reaching the shore.

(1) Any ship in the fairway of any port, as distinguished

from the creeks thereof, shall have the right of way over any other

ship entering or leaving the creeks or crossing the fairway and such

other ship shall keep clear.

(2) Every ship entering the fairway from a creek shall indicate

her intention of doing so by sounding one long blast on the whistle,

and any ship under way in the fairway in the vicinity shall reply

with one long blast.

(3)

No ship shall attempt to overtake another in the fairway.

(4) Small craft within a port shall keep out of the way of any

steamship under way.

(5) Ships, other than small craft, shall not attempt to pass one

another at or near the breakwater entrance to the Grand Harbour,

the incoming ship remaining outside until the outgoing ship is

clear.

(6) Tugs seeking hire shall keep clear of all ships under way

and shall not accost or make fast to any ship until authorised by the

master to do so, nor shall they in any way obstruct the navigation of

any ship or the approach to any ship of any other tug or small craft.

PORTS

(1) The master, owner or agent of a ship in a port shall

constantly keep a watch of at least one man upon the open deck by

day and by night and shall, by night, cause any boat belonging to

the ship in the water to be kept securely moored and without oars

Provided that the Authority may exempt the master, owner

or agent of a ship from keeping the watch where special reasons are

given to its satisfaction that such exemption is reasonable.

(2)

The provisions of subregulation (1) shall not apply to small

craft.

No master shall use any buoy which is the property of the

Government of Malta or the laying of which has been authorised by

the Government of Malta without the permission of the Authority

or the owner of the buoy, as the case may be.

(1) No person may lay any buoy or erect any leading mark

for any purpose whatsoever within the limits of a port without the

permission of the Authority.

(2) Any such buoy or leading mark shall be removed at the

expense of the owner if at any time the Authority so requires.

PART III

CONTROL OF PORTS - SHIPS AND WATERS

No person may sound any whistle, siren or foghorn within

a port save with the permission of the Authority except for the

purposes of navigation, or to give a fire alarm, or in accordance

with the provisions of these regulations.

(1) In the event of a fire occurring on board any ship in a

port, the master shall at once give the alarm, make ready to move if

required to do so and take all measures which may be necessary or

expedient towards the protection of life and property subject to any

directives which may be given by the Authority.

(2)

The alarm signal for a ship on fire shall be as follows

(a) by day the ship shall hoist the flag signal "N.Q." of the

International Code and by night the ship shall show in

lieu of the flag signal "N.Q." three red lights in a

vertical line one above the other;

(b) at the same time whether by day or by night the ship

shall repeatedly sound "B" in morse code (one long

and three short blasts) in quick succession on the

ship’s whistle or siren followed by the rapid ringing of

the ship’s bell.

(3) The signal specified in subregulation (2)(a) shall be

maintained until the fire on board has been extinguished.

(4) Where a person has been charged by the Authority with

direction of fire-fighting operations, such person shall, on arrival,

assume control of the fire-fighting operations both ashore and on

board ships

PORTS

Provided that -

(a) should any question concerning the safety of the ship

arise in the course of fighting the fire, the master of the

ship shall call the attention of the officer directing the

fire-fighting operations to this and, in conjunction with

this officer, shall take any steps necessary to ensure

the safety of the ship; and

(b) should any question concerning the safety of the port

installation arise the Authority shall call the attention

of the officer directing the fire-fighting operations to

this and, in conjunction with this officer, shall take any

steps necessary to ensure their safety or efficient

working.

The master of any ship within a port shall allow the

Authority at any time to board the ship and inspect her or any part

thereof whenever the Authority deems fit.

(1) A master of a ship at anchor or at a berth in a port shall

not permit more than two cargo lighters to be abreast of each other

on either side of the ship or more than two such lighters to be made

fast in a tier astern; and for the purposes of regulation, one large

pontoon shall be counted as two lighters

Provided that one lighter may be used in addition to a

pontoon when iron joists, beams, metal rods and sheets are being

loaded or unloaded.

(2) The master of any small craft shall not tow more than three

cargo lighters in line astern whilst in a port.

(3) No person shall cast off any small craft and allow it to drift

about a port.

No person other than a pilot shall board or leave a ship

whilst such ship is in motion without the permission of the

Authority; and no person may leave or board a ship except by

means of the gangway or an efficient pilot ladder.

(1) Subject to any other enactment or regulations, no

person shall discharge or allow to escape into a port from any ship

or any installation any oil of any description and the master of a

ship shall be responsible for any damage caused or expenses which

may be occasioned by the flow of oil from a ship for any reason

whatsoever into the waters of a port.

(2) Without prejudice to the provisions of regulation 67(2),

anything which has fallen or drifted into the waters of a port shall

be recovered at once by its owner or his agent, or by the person in

whose custody such thing has been. In default, the Authority may

recover such thing at the risk and expense of any of such persons.

(3) Saving the provisions of any other enactment or

regulations, no person shall leave any ship or small craft abandoned

or sunk in any harbour and, in default, the Authority may remove

such ship or small craft at the risk and expense of the owner.

(4)

The master of a ship which is loading, or discharging,

PORTS

ballast, coal, cinders, stone or any other loose materials, shall cause

a canvas, tarpaulin or some other safeguard to be placed in such a

manner as to prevent any such material from falling into the waters

of a port.

(5) No person shall allow any exhaust steam, water or other

discharges from a ship to fall on to any quay or lighter and any such

discharges as are not prohibited shall be led down the side of the

ship to below the level of the quay or lighter by a hose or other

effective appliance and, in the case of water or steam discharges,

all water and steam pipes shall be effectively screened.

(6) The master of a ship shall not allow the ship to emit an

excessive amount of smoke.

(1) Within forty-eight hours of a hulk, wreck or wreckage

coming to lie in any port its master, owner or agent shall notify the

Authority of the exact position and give all details and such other

information as the Authority may require in connection with such

hulk, wreck or wreckage.

(2) Without prejudice to the provisions of other regulations the

master, owner, or agent of the hulk, wreck or wreckage shall inform

the Authority of the intentions and programme for the removal of

the hulk, wreck or wreckage. This information must reach the

Authority within fifteen days of the hulk, wreck or wreckage

coming to lie in any port but such time limit may be extended by

the Authority after receiving a written application from the owner,

master or agent.

(3) The master, owner or agent of a hulk, wreck or wreckage

which has been lying in a port for more than forty-eight hours

before the coming into force of this regulation shall comply with

the provisions of subregulations (1) and (2).

(1) Without prejudice to the provisions of other

regulations the Authority may levy rent in respect of any hulk,

wreck or wreckage lying in any port. Such rent shall not exceed

twenty-eight cents (0.28) per gross registered ton per day or part

thereof for the first thirty days in which such hulk, wreck or

wreckage shall have been lying in any port; not more than ninety-

three cents (0.93) per gross registered ton per day or part thereof

for the next thirty days, and not more than one euro and seventy-

five cents (1.75) per gross registered ton per day or part thereof for

any subsequent period

Provided that when in the opinion of the Authority a hulk,

wreck or wreckage constitutes a serious obstruction or a serious

danger the Authority may levy a rent of not more than one euro and

seventy-five cents (1.75) per gross registered ton per day or part

thereof as from the date on which such obstruction or danger arises.

(2) If the gross registered tonnage of a hulk, wreck or wreckage

is not known or cannot be established the Authority may appoint

one or more surveyors at the expense of the master, owner or agent

of the hulk, wreck or wreckage to give an estimated gross

registered tonnage of the hulk, wreck or wreckage.

PORTS

(3) A certificate by a surveyor appointed by the Authority

under this regulation shall be conclusive evidence of the gross

registered tonnage for the purposes of this regulation.

(4) The rent due under the provisions of this regulation shall be

paid by the master, agents or owner on the demand of the Authority.

The Authority may order the removal from a port of any

ship which has on board cargo or other matter injurious to health or

which is offensive or dangerous in any respect and the master of

such ship shall forthwith comply with such order

Provided that, in lieu of ordering such removal, the

Authority may allow the master to dispose of such cargo or other

matter in such manner as the Authority may direct at the risk and

expense of the master.

Except as provided in regulations 35 and 36, during the

intervals of working cargo a master of a ship in port shall keep the

hatches closed or well protected.

(1) Whenever any hatch of a hold accessible to any person

employed in any of the processes of loading and unloading the ship,

and exceeding five feet in depth measured from the level of the

deck in which the hatch is situated to the bottom of the hold, is not

in use for the passage of goods or for trimming and the coamings

are less than two feet six inches in height, the master shall cause

such hatch either to be fenced to a height of three feet or to be

securely covered

Provided that this subregulation shall not apply to any

ship -

(a) not exceeding two hundred tons net registered tonnage

which has only one hatchway;

(b) during meal times or other short interruptions of work

during the period of employment.

(2) No person shall use any hatch coverings in the construction

of deck or cargo stages or for any other purpose which may expose

such coverings to damage.

(3) Any person who makes use of hatch coverings shall replace

them on the hatches in the positions indicated by the markings

shown thereon.

A master of a ship laden with coal shall keep the holds well

ventilated, if necessary by open hatchways, while in port.

No master of a ship shall fumigate the ship in a port except

with the written permission of the Authority.

Except at authorised places, no person shall carry out any

structural repairs of ships within a port, save with the written

permission of the Authority.

(1) No person may carry out any construction, repair or

maintenance work entailing the use of any flame apparatus which

produces extreme heat, on any ship in any port without the written

PORTS

permission of the Authority

Provided that, save in the case of a petroleum ship, such

work may be carried out at an authorised place without such

permission.

(2) Where it is proposed to do any work in respect of which

permission is required in accordance with the provisions of

subregulation (1), the master or agent of the ship shall make

application in writing for that purpose to the Authority.

No person shall leave any boat, spar, anchor, cable, ship’s

gear, dunnage, cattle fittings, horse-box or the like, upon any quay

without the written permission of the Authority.

(1) No person shall fire any gun or rocket or burn any

pyrotechnic light on board any ship while in a port without the

permission of the Authority

Provided that this subregulation shall not apply to -

(a) any ship in actual distress or in want of assistance, or

(b) the firing of ceremonial salutes.

(2) No person shall carry out any blasting within a port without

the written permission of the Authority.

(1) A master of a steamship at anchor, or occupying

moorings or alongside a quay or another ship, shall not turn the

propellers without the permission of the Authority and without

giving sufficient warning of its intention to any craft in the vicinity.

(2) The master of a steamship referred to in subregulation (1)

shall not put full power on when trying the engines at any mooring

buoy or when alongside a quay or another ship.

(1) No master shall drop the ship’s anchor or lay the ship’s

cables in such a manner as to foul or obstruct any berth, moorings

or cables of any other ship.

(2) No master shall drag from its position or damage any

mooring or buoy.

(3) The master of any ship hooking or getting foul of any buoy,

mooring or submarine cable shall not, except in case of emergency,

lift the buoy, mooring or submarine cable for the purpose of

unhooking or getting clear, but shall immediately report the

occurrence to the Authority and await its instructions.

(1) A master of a ship anchored, moored or berthed in a

port shall receive on board, make fast or cast off lines or warps

from any other ship warping in and out of such port, when required

so to do by the Authority, or by the pilot or master of such aforesaid

ship.

(2) No person shall stretch any lines or warps across the waters

of a port without the permission of the Authority.

(3)

The Authority may, in case of urgent necessity, cut any

PORTS

warp, rope, cable, or hawser endangering the safety of any ship in a

port.

The landing and shipping of animals shall be carried out in

a humane manner and, where the case so permits, in accordance

with the provisions of the Sixth Schedule.

PART IV

CONTROL OF PORTS - PREMISES AND PLACES ASHORE

The Authority may, when it considers it desirable so to do,

within any enclosed port area, close any road, quay, warehouse or

any part thereof, and may permit or prohibit the use thereof subject

to such conditions as the Authority may deem fit to impose.

No person shall, without the permission of the Authority,

enter into or climb upon any warehouse, silo, grain handling plant,

lighthouse, signal station or navigation mark.

A driver of a vehicle within an enclosed port area or on any

quay shall take the position or place assigned to him by the

Authority or the contractor, as the case may be.

A driver of a vehicle within an enclosed port area or on any

quay shall move the vehicle when required so to do by the

Authority or the contractor, as the case may be.

No person shall drive a vehicle within an enclosed port

area so as to be a danger to persons or property.

(1) No person shall drive or cause or allow to be driven a

vehicle into an enclosed port area unless such vehicle is intended

for use in the exercise of lawful business in connection with port or

shipping operations.

(2) A driver of a vehicle shall at all times while in or entering

or leaving an enclosed port area or while on a quay in a port comply

with such orders as may from time to time be given by the

Authority or the contractor, as the case may be, and with the terms

of any notices or signs exhibited by the Authority.

No person shall park any vehicle over or near any fire

hydrant in a port or in any way obstruct access to the use of any

such hydrant.

Every person in a port shall obey the directions of the

Authority and any police officer in the event of an outbreak of fire,

and no person shall obstruct or in any way interfere with the

fire-fighting operations.

The Authority may, in the event of an outbreak of fire,

exclude the public from the vicinity of the fire and may close such

section of the port as it may deem fit.

Any person entering or leaving any enclosed port area shall

do so through the entrances or exits provided for the purpose and

while in such area or on any quay shall comply with such orders as

may from time to time be given by the Authority or the contractor,

PORTS

as the case may be, and with the terms of any notices or signs

exhibited by the Authority.

(1) No person shall load or cause to be loaded into any

vehicle which is intended to be used for the conveyance of goods

out of an enclosed port area or take out of such area any parcel,

package or article of any kind except when he is in possession of a

gate pass-out which shall be in the form specified in the Thirteenth

Schedule issued by the Authority or the contractor, as the case may

be, authorising such person to take the parcels package or article

out of such area.

(2) A person who loads or causes to be loaded into any vehicle

which is intended to be used for the conveyance of goods out of an

enclosed port area or who takes out of such area any parcel,

package, or article of any kind which is not duly covered by a gate

pass-out in respect of quantity, quality or other indications shall,

unless he proves otherwise, be deemed to have knowingly loaded or

caused to be loaded into such vehicle, or to have knowingly taken

out of such area such parcel, package, or article without being duly

authorised to do so.

(3) The pass-out check referred to in subregulation (1) shall be

delivered up at the exit from the enclosed area to the authorised

representative of the Authority or of the contractor, as the case may

be.

Provided that a copy of the gate pass-out shall be made

available for retention by the person having taken delivery of the

goods for conveyance out of the port area.

(4) Pass-out checks in respect of manifested cargo, passengers’

baggage and unmanifested articles ex ship, shall not be issued until

all Customs duties have been paid when due and all Customs

requirements have been complied with and all dues and rates

payable on such goods have been paid or secured.

(5) Any person who is conveying any goods on any vehicle

from an enclosed port area or quay shall ensure that all goods

which are being so conveyed have been duly released by an officer

of the Customs and/or duly delivered by the Authority or by its

contractor, as the case may be.

The gates of enclosed port areas shall be closed to goods

vehicles outside such regular working hours as may be fixed by the

Authority from time to time, except when a ship is working in

hours other than regular working hours.

(1) A person who, after the coming into force of these

regulations, has been found guilty or has been convicted of theft or

fraud shall not be allowed entry into an enclosed port area or access

to a quay

Provided that this regulation shall not apply to such person

who for the first time has been found guilty or has been convicted

of theft of things the value of which does not exceed six euro and

ninety-nine cents (6.99) or of fraud in respect of the same amount.

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(2) For the purposes of subregulation (1), the word "person"

includes any person who holds a licence or a permit issued to him

in virtue of any law or regulation, to work in a port or to perform

port work as defined in the Port Workers Ordinance.

(1) Subject to the provisions of the Port Workers

Ordinance -

(a) a person who is employed by the contractor under any

conditions of work and who habitually works in an

enclosed port area, or a person who is licensed to work

in a port in terms of any law or regulations, or a person

who works in a port, shall, while in an enclosed port

area, wear an identity badge provided by the

appropriate authority; and

(b) the identity badge referred to in paragraph (a) may be

provided against payment.

(2) A person who while in an enclosed port area fails to wear

his identity badge may be required to leave such area.

(3) No person shall enter an enclosed area or quay in a port

without the permission of the Authority which may, in granting

such permission, impose such conditions as it may deem fit.

(4) Any person who is entering or who has entered an enclosed

area or quay in a port shall, whenever so required by the Authority

or its contractor, thruthfully state the reason entitling him to be in

such place.

(5) Any person who has entered an enclosed area or quay in a

port shall leave such place immediately his business does not

require his presence therein any longer.

Any person who operates, manages, administers, controls

or in any other way uses any terminal or other site within a port in

terms of an agreement, licence or other authorisation granted by the

Authority or by any other Authority established by law shall,

notwithstanding any provision to the contrary in the said

agreement, licence or authorisation, afford free access to the said

terminal or site, without any fee or other charge, to all service

providers providing services to those vessels which are directed or

authorised by the Authority to berth alongside such terminal or

site, including but not limited to cargo handlers, ship agents,

bunkers and water suppliers, ship chandlers, shore excursion agents

and waste collectors.

No person shall exercise the trade of hawker or pedlar

within an enclosed port area without the written permission of the

Authority.

No person shall bathe from any quay used for the purposes

of berthing ships or lighters or from any ship or lighter berthed

alongside any such quay.

No person shall smoke within any part of a port wherein

"No smoking" notices are exhibited by the Authority or within any

transit shed used for the purpose of warehousing or depositing

goods.

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PART V

WORKING OF SHIPS

(1) The master of any ship shall, upon arrival of the ship

in port, deliver to the Authority a true copy in duplicate of the

complete manifest of cargo to be unshipped in Malta, giving

detailed weights and measurement in such form as may be

prescribed by the Minister responsible for ports or requested by the

Authority

Provided that the Authority may direct that one of the

copies shall be delivered to the contractor.

(2)

A ship shall not break bulk until -

(a) the provisions of subregulation (1) and of any

direction given by the Authority thereunder have been

complied with; and

(b) the master or agent has duly reported her cargo to the

Comptroller of Customs or has obtained special

authority from the Comptroller of Customs for so

doing in accordance with the provisions of the

Customs Ordinance.

(3) The master or agent of any ship shall deliver to the

Authority a true copy in duplicate of the complete manifest of

cargo shipped or transhipped to the ship in Malta, in accordance

with the provisions and for the purpose of the Act.

(4) The master or agent shall as soon as possible notify the

Authority of any subsequent amendment to any manifest copies of

which have been delivered by him in accordance with the

provisions of this regulation or of any direction given thereunder.

(1) The master of any ship shall, upon arrival in a port,

deliver to the Authority a true list in duplicate of lifts over three

tons comprised in the cargo to be unshipped at that port.

(2) In no circumstances shall a lift of over six tons be landed or

deposited upon any quay except with the written permission of the

Authority.

So far as may be practicable at the time, cargo shall be

discharged from and loaded into ships in the order of their arrival in

port subject to the provisions of the Port Workers Ordinance

Provided that the Authority may -

(a) vary such order of working if he deems it fit to do so;

(b) refuse to permit cargo to be landed from any ship until

suitable quay, transit shed or other accommodation is

available for such cargo;

(c) in circumstances in which the Authority or its

contractor will undertake the handling of the cargo,

refuses to permit iron and steel bars and pipes and

tubes of all kinds to be landed unless the conditions

regarding bundling and marking specified in the

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Seventh Schedule have been complied with, and when

the landing of such goods is permitted notwithstanding

that those conditions have not been complied with, the

Authority or the contractor shall not be responsible for

any loss, damage, delay or misdelivery occasioned by

non-compliance with such conditions

Provided further that cargo other than unit loads, unitised

cargo or mail including periodicals and newspapers shall not be

unloaded from or loaded to a RORO ship if such cargo cannot be

unloaded or loaded by lifting equipment through conventional

hatchways.

The master shall have the ship and her cargo handling

appliances ready to discharge or receive cargo before the time fixed

for discharge or loading to commence.

(1) The master, or some other responsible officer

appointed by him, shall remain on board the ship whilst loading or

discharging cargo for the purpose of superintending such loading or

discharge.

(2) The master or the officer specified in subregulation (1)

shall at once report to the Authority any cargo or ship’s gear that

may be dropped overboard and shall immediately recover such

cargo or gear if it is reasonably possible for him to do so

Provided that, in default of such recovery, such cargo or

gear may be recovered by the Authority at the risk and expense of

the master.

(1) If a ship occupying a quay berth fails to load or

discharge her cargo with such despatch as appears reasonable to the

Authority, the ship may, after written notice has been given by the

Authority to that effect to the master, be removed from such berth

by the Authority at the risk and expense of the ship.

(2) If any plant or labour engaged by the Authority or its

contractor for the purpose of landing, shipping or transhipping any

cargo is not fully employed owing to the default of the ship, the

expenses incurred thereby shall be paid by the ship.

(3) The Authority may, in the event of any accumulation of

goods upon a quay, or in a lighter or warehouse, or for any cause

that may appear reasonable to it, require any ship to suspend,

discharge or to reduce the rate of discharge of cargo.

(1) When the Authority so directs, the use of any cranes,

transporters, pneumatic suction plant or any other mechanical

handling equipment provided at any quay shall, subject to the

provisions of the tariff, be obligatory.

(2) Cranes, transporters, pneumatic suction plant or any other

mechanical handling equipment required for the loading or

unloading of cargo on or from a ship or for the handling of cargo on

wharfs or quays (other than the handling cargo in respect of which

rates are established in the Port Rates Regulations, and the handling

of bulk cargo in the Government Silo) shall be provided by the

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contractor either on hire or in any other manner he considers

appropriate

Provided that in order to make available such equipment the

contractor may himself hire such equipment from third parties.

(3) The application shall specify the time and place at which

such plant or gear is required.

(4) When such plant or gear is hired out by the Authority or its

contractor the conditions contained in the Eighth Schedule shall

apply

Provided that the Authority may, in particular cases, impose

such additional conditions as he may deem fit.

(1) Work ashore and afloat in connection with the loading,

unloading, landing, shipping and transhipment of cargo shall only

be undertaken with the permission of the Authority

Provided that a specific permission for the unloading and

landing of cargo for transhipment shall be requested, on the form

contained in the Fourteenth Schedule, not later than forty-eight

hours before the arrival of the ship in Malta, and any such

permission, if granted, shall be subject to such conditions as the

Authority may impose.

(2) When a ship or a person whose cargo is being handled by

the Authority or its contractor desires to work such cargo during

hours other than the regular working hours of a port as established

under the Port Workers Ordinance, the master or agent or such

person, as the case may be, shall on each occasion make a written

request to that effect to the Authority in the form specified in Part I

of the Tenth Schedule; and any work specified in subregulation (1)

performed in connection with such request shall be considered as

overtime work and the expense thereof in accordance with the

provisions of the tariff shall be charged to the master, agent or

person requesting such overtime work.

(3) Where a person desires work other than that specified in

subregulations (1) and (2) to be performed by the Authority or its

contractor in hours other than the hours of business of the ports

fixed by regulations by the Minister responsible for ports for that

category of work such person shall make a written request to that

effect to the Authority or the contractor, as the case may be, in the

form specified in the Ninth Schedule, and such work shall be

considered as overtime work and the expenses thereof in

accordance with the provisions of the tariff shall be charged to the

person requesting such overtime work

Provided that the work of the port workers registered in

terms of the Port Workers Ordinance shall be considered to be

overtime work only if such work is performed in hours other than

the regular working hours of a port as established under that

Ordinance.

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Normally no port work shall be performed on the thirty-

first day of March, Good Friday, the first day of May, Christmas

Day and New Year’s Day, on the afternoon of the twenty-fourth

December (Christmas Eve) and after 5 p.m. on the thirty-first

December (New Year’s Eve)

Provided that on such days and afternoons port work

authorised by the Authority under the provisions of the Port

Workers Ordinance may be performed.

(1) When the Authority or its contractor receives cargo

unloaded from a ship, the Authority or its contractor shall, unless

otherwise specially agreed upon between the Authority or its

contractor and the master, issue a receipt to the master as soon as

possible after the completion of the operation for all cargo

received, subject to each item being properly marked and being

discharged in an orderly manner

Provided that where, in the opinion of the Authority or the

contractor, the cargo is of such a nature as to preclude an accurate

tally at the time of discharge, then a receipt shall be granted after

the sorting and stacking of the cargo wherever such sorting and

stacking takes place.

(2) When a ship receives cargo from the Authority or its

contractor, receipt shall be issued by the master to the Authority or

its contractor, as the case may be, for each separate consignment

received by the ship from the Authority or the contractor, as the

case may be.

(3) In the case of unit loads or unitised cargo the Authority or

its contractor may, subject to the provisions of this regulation, give

a receipt for the quantity only of unit loads received from the ship.

(4) In the case of unit loads or unitised cargo delivered to a

ship by the Authority or its contractor, the master shall, subject to

the provisions of this regulation, issue a receipt to the Authority or

its contractor, as the case may be, for each of the separate unit loads

or unitised cargo received by the ship from the Authority or its

contractor as the case may be.

Subject to the provisions of regulations 72 and 90, delivery

of cargo shall not be considered to have been made to the Authority

or its contractor until the cargo has been safely landed on to the

quay or into lighter and has been removed by the Authority or the

contractor, as the case may be, from the cargo handling gear used in

landing such cargo

Provided that in the case of unit loads or unitised cargo

which is rolled off a ship or is otherwise landed by mechanical

means through the ship’s side door or ramp, delivery of cargo shall

not be considered to have been made to the Authority or its

contractor until the cargo has been safely landed onto the quay and

has been removed by the Authority or its contractor, as the case

may be, from the equipment used in the landing of such cargo.

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Unless otherwise specially agreed upon between the

Authority or its contractor and the master, cargo for shipment by

the Authority or its contractor shall, unless such cargo is declined

by the ship as damaged or in bad condition, be deemed to have been

properly delivered by the Authority or the contractor, as the case

may be, to the ship in good order and condition when placed into

the cargo handling gear at the ship’s side whether on the quay or in

lighter

Provided that in the case of unit loads or unitised cargo

which is rolled on a ship or is otherwise loaded by mechanical

means through the ship’s side door or ramp, such cargo shall,

subject to this regulation, be deemed to have been properly

delivered by the Authority or its contractor, as the case may be, to

the ship in good order when placed in, or attached to, the loading

equipment on the quay.

Notwithstanding the provisions of regulations 73 and 74,

w h e r e c a rg o i s l o a d e d o r u n l o a d e d b y t h e A u t h o r i t y o r i t s

contractor, delivery of the cargo shall be deemed to have been made

to the Authority or its contractor, as the case may be, in the case of

landing of goods, or to the master of the ship in the case of shipping

of goods, at the time the Authority or its contractor would have

taken the goods from the stack or after stowing the goods, on board,

as the case may be.

The master of a ship in port shall -

(a) whilst passengers are disembarking from or embarking

upon the ship, cause wherever practicable a second

gangway or accommodation ladder to be provided and

in every case order one of the crew of the ship to be in

attendance at each gangway or ladder to attend to the

security of the gangway or ladder and the safety of the

persons passing over it;

(b) cause a life buoy with a line attached thereto, in proper

condition for immediate use, to be placed near to the

head of each gangway or accommodation ladder which

is available for use;

(c) during the loading or unloading of the ship, take the

necessary precautions to avoid any injury or

annoyance to passengers or any other person or to

ships lying nearby, and in particular he shall ensure

that no cargo in course of discharging from or loading

to the ship shall be worked by crane, derrick or other

means over a passenger gangway or ladder.

PART VI

HANDLING OF CARGO

Landing, shipping or transhipping of cargo shall be

undertaken at such berths as the Authority may direct and at such

places as may have been established for the purpose in accordance

with the provisions of the Customs Ordinance.

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(1) Save with the permission of the Authority, no person

other than the Authority or his contractor shall load, unload, land,

ship or transship any goods or cargo at any berth

Provided that a specific permission for the unloading and

landing of goods or cargo for transhipment shall be requested, on

the form contained in the Fourteenth Schedule, not later than

forty-eight hours before the arrival of the ship in Malta, and any

such permission, if granted, shall be subject to such conditions as

the Authority may impose.

(2) Save with the written permission of the Authority, no

person other than the Authority or its contractor may sort or in any

other manner manipulate or handle any goods in the custody of the

Authority or the contractor, except for the purposes of customs

examination.

(3) No stack of cargo or individual item or package or cargo of

such weight and of such dimensions as to impose -

(i) a point load in excess of six tons, or

(ii) a static load in excess of four hundredweights

per square foot,

shall be stacked or handled at the Deep Water Quay.

(4) No mobile crane with a maximum lifting capacity in excess

of six tons and no vehicle with a maximum wheel load in excess of

nine tons shall be used at the Deep Water Quay.

(1) No consignee shall be entitled to the delivery of goods

or cargo from the Authority or its contractor unless he produces to

the Authority or the contractor the necessary authority from the

Comptroller of Customs.

Provided that where the Minister deems it expedient he

may, with the concurrence of the Minister responsible for finance,

direct in writing that the Authority and the contractor may deliver

goods to the consignee without the necessary authority from the

Comptroller of Customs.

(2) Goods for customs examination under a provisional entry

shall not be deemed to be cleared for delivery until a perfect entry

has been duly made.

(1) Before the delivery of goods or cargo may be made by

the Authority or its contractor the consignee or his agent shall

present to the Authority or the contractor, in such number of copies

as the Authority may require, at the place or places appointed by

the Authority during the hours of business fixed by regulations by

the Minister responsible for ports, the following set of documents

(a) declaration and disposal orders, in the form specified

in the Tenth Schedule, (hereinafter in this regulation

referred to as "the said form") complete in every detail

and specifying the respective marks and numbers on

packages, or on articles in respect of unpacked goods,

their number, description and contents with the

deadweight, cubic measurement and when specifically

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required by the Authority, the C.I.F. value thereof, the

disposal instructions, the name of the ship and such

other particulars as are required on the said form; and

there shall be a separate declaration and disposal order

for each separate consignment;

(b) bills of lading or ship’s delivery orders showing

clearly to whose order the goods are to be delivered,

containing a complete and accurate chain of

endorsement from the shipper to the holder, and duly

released by the ship’s agents, for all cargo landed or to

be landed;

(c) in the case of transhipment cargo, a shipping order

complete in every detail.

(2) For the purposes of subregulation (1)(a), the specification

of deadweight and cubic measurement shall not be necessary in the

case of cargo on which rates are assessed on the basis defined in the

tonnage scale provided for in the tariff, and in such case either the

deadweight or the cubic measurement shall be given in accordance

with the basis defined in he said scale of the said tariff.

(3) The presentation to the Authority or the contractor of the

documents specified in subregulation (1) shall be sufficient

grounds for the Authority or the contractor, as the case may be, to

deliver the goods to which those documents relate to the person

presenting such documents

Provided that all dues and rates specified in the tariff in

respect of such goods have been paid or duly secured.

(1) No person shall place an empty container or an empty

trailer in any part of a port unless -

(a) he has previously obtained the permission of the

Authority to do so, and,

(b) he has marked such empty container or trailer on at

least two of its sides with a label bearing the word

"EMPTY" printed in block letters not less than four

inches high and one quarter of an inch wide.

(2) Notwithstanding any permission given by the Authority

empty containers or trailers shall lie in any part of a port at the sole

risk and expense of the person to whom such permission is given.

(3) The Authority may revoke any such permission and may

require any person to whom such permission is given to remove

any empty container or trailer from any part of a port within such

time as it may specify.

(1) No person may deposit or stack any goods landed from

any ship on any quay or in any part of any port except at such quay

or place and under such conditions as the Authority may direct; and

notwithstanding that the Authority has not laid down specific

conditions in any particular case, no person shall so deposit or

stack such goods in such a way as to cause an obstruction or to

prevent the free access to a quay or to prevent the landing or

shipping of other goods.

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(2) The Authority may remove or cause to removed any goods

deposited in contravention of the provisions of subregulation (1)

and, where such is the case, the owner, in addition to the penalty

specified in regulation 134, shall be liable to pay to the Authority

the cost of the removal of such goods.

(1) Any person desiring goods to be shipped by the

Authority or its contractor shall present to the Authority or the

contractor, in such number of copies as the Authority may require,

at the place appointed by the Authority during the hours fixed by

regulations by the Minister responsible for ports, shipping orders in

the form specified in the Eleventh Schedule (hereinafter in this

regulation referred to as "the said form") complete in every detail

and specifying the respective marks and numbers on packages, or

on articles in respect of unpacked goods, their number, description

and contents with the deadweight or cubic measurement or value

thereof according to the basis of calculation defined in the tonnage

scale prescribed in the tariff in respect of such goods, the name of

the ship, the port of destination, and such other particulars as may

be required on the said form.

(2) There shall be a separate shipping order in respect of each

separate consignment.

(1) No person may deposit any goods for export in any

part of any port except at such place and at such time and under

such conditions as the Authority may direct and, notwithstanding

that the Authority has not laid down specific conditions in any

particular case no person shall so deposit or stack such goods in

such a way as to cause an obstruction or to prevent the free access

to a quay or to prevent the landing or shipping of other goods.

(2) The Authority may remove or cause to be removed any

goods deposited in contravention of the provisions of subregulation

(1) and, where such is the case, the owner, in addition to the penalty

specified in regulation 134, shall be liable to pay to the Authority

the cost of removal of such goods.

(1) Any goods intended for shipment by the Authority or

its contractor by any particular ship together with the relative

shipping orders shall be presented to the Authority or the contractor

not later than nine regular working hours prior to the ship’s

appointed sailing time

Provided that in particular cases where the Authority or the

contractor deems it expedient the Authority may allow the

presentation of the goods and the shipping orders to be made at

shorter notice and in such cases any additional expenses incurred

by the Authority or the contractor, as the case may be, shall be paid

by the exporter.

(2) Goods in respect of which shipping orders are presented

shall be ready for shipment in every respect and if at any time the

Authority finds that goods that have been accepted by it or the

contractor for shipment are not fit for shipment in every respect the

Authority may forthwith order their removal from the port by the

exporter and at the exporter’s expense

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Provided that the Authority or the contractor may

undertake, on request and if facilities are available, to mark,

measure or weigh goods, in accordance with the provisions of the

tariff, after the presentation of the relative shipping orders.

Subject to the provisions of the tariff, orders from persons

in control of goods, cancelling or amending previous orders, may

be accepted by the Authority or its contractor

Provided that in the opinion of the Authority or the

conductor as the case may be, it is reasonably possible to act upon

such orders at the time such orders are received.

(1) Subject to the provisions of the tariff, when weight or

cubic measurement of goods is not available, the goods may be

weighed and measured by the Authority or the contractor, as the

case may be, at the expense of the owner of the goods.

(2) All packages exceeding three tons in weight shall have the

actual weight thereof legibly painted on the outside of the package

in close proximity to the shipping mark; in default, saving the

provisions of regulation 88, the package may be weighed by the

Authority or the contractor, as the case may be, and all expenses of

weighing, extra handling, transport and other expenses, shall be

charged to the owner and shall be forthwith recoverable from him.

(3) The Authority or the contractor, as the case may be, shall

not be liable for any error in any weighment or measurement made

in accordance with the provisions of this regulation and any such

weighment or measurement made by the Authority or contractor

shall be for the purposes of these regulations only and it shall not

be joined in any suit arising out of a dispute between buyer and

seller or shipper and consignee or any other persons in respect of

any goods so weighed and measured.

(1) When goods are insufficiently or erroneously marked,

the Authority or its contractor, notwithstanding that all dues and

rates have been secured or paid, may require from any person

claiming such goods a special release order, signed by the ship’s

agents or an indemnification against any loss or damage which the

Authority or the contractor, as the case may be, may sustain by

reason of the delivery of the goods to such person.

(2) In the cases mentioned in subregulation (1), the provisions

of the tariff shall continue to apply in respect of any goods

remaining in the custody of the Authority or the contractor in

consequence of such insufficient or erroneous marking.

(3) The Authority or the contractor, as the case may be, shall

not be liable for any damage, loss, delay, or non-delivery of goods

occasioned by insufficient or erroneous marking.

The delivery by the Authority or its contractor of goods to a

Government warehouse appointed by the Comptroller of Customs,

as defined in the Customs Ordinance, shall constitute delivery of

such goods to the consignee, and the Authority or the contractor, as

the case may be, shall not be liable for goods after they have been

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so delivered

Provided that -

(a) before withdrawing any such goods from such

Government warehouse, the importer, owner or

consignee, as the case may be, shall pay or secure to

the satisfaction of the Authority all dues and rates

payable by him in accordance with the provisions of

the Act in respect of such goods; and

(b) pending payment, the Authority shall retain

unprejudiced all its rights relating to the payment of

such dues and rates.

(1) Notwithstanding the provisions of regulation 73 or the

fact that the Authority or its contractor, as the case may be, has

given a receipt for the goods, where any goods have been landed in

packages of a defective or leaky character, delivery of the goods

shall not be considered to have been made to the Authority or the

contractor, as the case may be, until such packages have been

repacked, rebagged, or repaired at the expense of the ship’s agent in

a reasonably sound condition and such goods have been checked in

the presence of the ship’s agent or a customs’ officer, and the

Authority or the contractor, as the case may be, shall be deemed to

have accepted delivery of only such goods as are found upon such

check.

(2) Notwithstanding the provisions of subregulation (1), the

Authority or the contractor, as the case may be, may decline to

accept any goods which are tendered for landing in packages of a

defective or leaky character until such packages have been properly

repaired or the goods rebagged or repacked to the satisfaction of

the Authority or the contractor, as the case may be, on board the

carrying ship.

Except for Customs purposes, no goods or cargo of any

kind shall be unpacked or otherwise manipulated in any warehouse

without the special permission of the Authority and all straw or

other material from which goods may have been unpacked and any

broken or damaged goods shall be immediately swept up and

removed by the owner or agent or person in control of such goods,

as the case may be, in default of which the same may be swept up

and removed by the Authority or the contractor at the expense of

such owner, agent or person, as the case may be.

(1) When acids, grease, oils, tar, pitch, paints or other

similar substances are accepted by the Authority or its contractor in

a leaky condition, the Authority or the contractor, as the case may

be, may in its discretion repair the leaky or defective packages at

the expense of the owner, and may refill any packages from which

the original contents have leaked with like substances from other

leaky or damaged packages forming part of the same consignment.

(2) If the packages are repaired or refilled, the consignee or

owner, as the case may be, shall have no claim in respect of the

manipulation of such packages and the Authority or the contractor,

as the case may be, shall not be liable for any damages by reason of

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such manipulation.

(3) Notwithstanding the provisions of subregulations (1) and

(2), the consignee or owner, as the case may be, may before the

landing of such goods notify the Authority or the contractor, as the

case may be, that he wishes such goods to be set aside, and in that

case they may be removed to a depositing ground or placed in a

warehouse at his risk and expense.

(1) In case of emergency, or for the purpose of securing

the better safety of a port or the shipping therein, the Authority

may, whenever he deems it expedient so to do, remove any

dangerous goods within a port at the expense of the owner or his

agent.

(2) Where any cargo or matter of an offensive nature has been

landed or placed upon the wharves, jetties or quays or any other

part of a port, the Authority may, after giving at least two hours’

notice to the owner of the goods or agent, or, if the owner or agent

cannot be found, then without such notice, order the removal of any

such cargo or matter at the expense of the owner or his agent.

Subject to the provisions of these regulations, the master or

agent of every ship proposing to carry for or from Malta or in

transit through Malta any explosives or any goods of an

inflammable or dangerous nature, including radioactice and fissile

material, in unit loads or as unitised cargo shall require the

permission of the Authority before such cargo is accepted for

carriage in unit loads or as unitised cargo.

PART VII

WAREHOUSING

At his discretion, the Authority may order that paints, oils

or other inflammable liquids, goods which by their nature may

contaminate or damage other goods and the goods specified in the

Twelfth Schedule shall not be warehoused in buildings, but will be

stored or deposited in the open, and always at the sole risk of the

owner.

(1) The Authority may refuse or may allow the contractor

to refuse for storage in a warehouse, e xcept under special

conditions and always at the sole risk of the owner, the following

goods

(a) articles of unusual length, bulk or weight, or of

exceptional bulk in proportion to weight;

(b) articles improperly, insecurely, or insufficiently

packed;

(c) dangerous, hazardous or offensive goods, being any

goods which are likely to cause harm or damage to

persons or property or are of an insanitary or offensive

nature;

(d) animals;

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(e) perishables, including refrigerated cargo and goods

inherently liable to wastage in bulk or weight, or to

latent or inherent defect, vice or natural deterioration;

(f) scrap metal.

(2) The Authority may refuse, or allow its contractor to refuse,

for storage in a warehouse any cargo unloaded or to be loaded for

transhipment except under such conditions as the Authority may

Subject to the provision of the tariff, imported goods in

respect of which documents completed in accordance with the

provisions of regulation 80 have not been presented to the

Authority within six working days of the arrival of the ship, may be

moved within the warehouse or transferred from one warehouse to

another, at the discretion of the Authority.

Subject to the provisions of the tariff, where an exporter

desires to remove any export goods already in a warehouse in the

custody of the Authority or its contractor for any purpose other

than that of shipment, the Authority or the contractor, as the case

may be, shall provide the necessary facilities as soon as he may

deem expedient.

(1) Subject to the provisions of the tariff, if in the opinion

of the Authority there is, or is likely to be, insufficient warehousing

accommodation available for cargo as a whole, or for goods of any

particular category, the Authority may -

(a) in the case of imported goods or cargo, on which

storage rent has become due, transfer or authorise the

contractor to transfer, after notice, such goods or cargo

to a Government warehouse as defined in the Customs

Ordinance and such transfer shall constitute delivery

of such goods or cargo by the Authority or the

contractor, as the case may be, to the importer, owner

or consignee

Provided that -

(i) before withdrawing any such goods from such

warehouse, the importer, owner or consignee, as

the case may be, shall pay or secure to the

satisfaction of the Authority the payment of all

dues and rates payable by him in respect of such

goods; and

(ii) pending payment the Authority shall retain

unprejudiced all its rights relating to the

payment of such dues and rates;

(b) in the case of export goods or cargo proferred for

shipment, refuse permission for such cargo to be

deposited on any quay or refuse or authorise the

contractor to refuse to accept such goods, until such

time as the loading ship is on the loading berth;

(c) in the case of export goods or cargo, deposited for

shipment on which storage rent has become due, not

being goods in bond, order the owners or agents of

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such goods or cargo, as the case may be, to make,

within a period specified by the Authority,

arrangements for the removal of such goods.

(2) The notice mentioned in subregulation (1)(a) shall be given

to the importers, owners or agents of the goods or cargo, as the case

may be, personally or by means of publication in Gazette or in a

local newspaper.

Any change in the ownership of goods accepted or about to

be accepted by the Authority or its contractor, as the case may be,

shall be notified to the Authority immediately such change takes

place, and, in the absence of such notification, the last known

owner shall be deemed to be the owner and shall be held

responsible for all dues or rates.

While awaiting reshipment, transhipment shall not, without

the written permission of the Authority and the approval of the

Comptroller of Customs, leave the custody of the Authority or its

contractor, as the case may be, and shall not be subject to

manipulation by any person other than the Authority or its

contractor, as the case may be, unless, subject to the provisions of

the Customs Ordinance, such manipulation is authorised by the

Authority.

Subject to the provisions of the tariff, passengers’ baggage

removed from the Customs Examination Hall at a port within

twenty-four hours after clearance may be removed and warehoused

by the Authority or its contractor, as the case may be.

PART VIII

EXPLOSIVES, INFLAMMABLE OR DANGEROUS GOODS

(1) In this Part, unless the context otherwise requires -

"ship" means any ship other than a naval ship and other than

small craft;

"explosives" means any of the goods specified in Parts I and II of

the First Schedule but shall not, for the purposes of this Part,

include any explosives carried by a ship for use as distress signals

kept in safe storage and custody; and shall be divided into the

classes and divisions specified in Part III of the First Schedule; and

references to classes and divisions in relation to explosives are

references to the classes and divisions specified in Part III of that

Schedule;

"service explosives" means explosives belonging to or destined

for the armed forces of Malta or the armed forces of a country who

are present in Malta under arrangements with the Government of

Malta;

"radioactive materials" and "fissile materials" mean, in respect of

radioactive materials, any material which spontaneously emits

ionizing radiation and of which the radioactivity per gram is greater

than 0.002 microcurie or any radioactive material the packing or

transportation whereof is regulated by any provisions therefor

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made by the International Atomic Energy Agency or any national

atomic energy agency or authority, and, in respect of fissile

materials, plutonium 239, plutonium 241, uranium 233, uranium

235 or any material containing any of the foregoing that falls

within the definition of radioactive materials;

"gross weight" with reference to explosives, means the gross

weight of the explosive together with any envelope, case, or

contrivance forming part of such explosive and shall include the

weight of any barrel, case or package in which such explosive is

packed for conveyance;

"authorised service representative" means a person duly

authorised to act in connection with the handling and conveyance

of explosives in accordance with the provisions of these regulations

for and on behalf of the armed forces of Malta or the armed forces

of a country who are present in Malta under arrangements with the

Government of Malta.

(2) Notwithstanding anything contained in this Part, the

Authority may give such orders or directives as it may deem proper

regarding the carriage and handling of explosives and of

inflammable or dangerous goods, including radioactive and fissile

materials, and the movement and berthing of ships carrying such

goods or explosives, and it shall be the duty of every person to

whom they are directed to comply with such orders or directives.

For the purpose of these regulations explosives carried in

ships shall -

(a) if service explosives, be deemed to fall within one of

the following categories

(i) Shipping Category C - those explosives which

have a mass explosion risk;

(ii) Shipping Category B - those explosives which

have a fire or minor explosion risk but not the

risk of mass explosion and weapons having a

toxic risk;

(iii) Safety Class - those explosives which do not

belong to shipping category C or shipping

category B;

(b) if explosives, other than service explosives, of -

(i) Division 1 of Class 6, be deemed to be the safety

class specified in paragraph (a)(iii);

(ii) Division 2 of Class 7 be deemed to be of

shipping category B specified in paragraph

(a)(ii);

(iii) all other divisions and classes, be deemed to be

of shipping category C specified in paragraph

(a)(i)

Provided that where the characteristics of

any such explosives are compatible in the

opinion of the Authority with the safety

characteristics of any other shipping category or

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class the Authority may, in its discretion, deem

such explosives to be of such other shipping

category or class;

(c) if explosives specified in Part II of the First Schedule

and are stowed together with any explosives of

shipping category C, such explosives shall be deemed

to be of shipping category C, unless they are separated

therefrom either by the boiler room or engine room or

by the hold of a ship.

(1) This Part shall apply only to ships.

(2)

Every ship having on board only -

(a) explosives of Division 1 of class 6,

(b) service explosives of the safety class specified in

regulation 104(a)(iii),

(c) explosives not in excess of 20 gross weight in the

aggregate and properly stowed, excluding explosives

which are included in Class 5 or Division 2 or 3 of

Class 6 specified in Part III of the First Schedule,

(d) such explosives as the Authority may from time to

time exempt by notice in the Gazette,

shall be exempt from the provisions of this Part

Provided that any such explosives shall be landed and dealt

with in accordance with the subsequent provisions of these

regulations.

Nothing in this Part shall be taken to relieve the master of

his responsibility for the safety of the ship, the crew, any person

working in it and the cargo carried in the ship.

(1) The master or agent of every ship proposing to call at

Malta and having on board for discharge at Malta or in transit any

explosives or any goods of an inflammable or dangerous nature,

including radioactive and fissile materials, shall, not less than forty

eight hours before arrival, give notice thereof in writing and in

duplicate to the Authority on the form specified in the Dangerous

Cargo Ships, Marine Terminals and Facilities and Bunkering

Regulations.

(2)

(Deleted by L.N. 493 of 2004).

(3) The master or agent of every ship proposing to call at Malta

and having on board for discharge at Malta or in transit any

radioactive or fissile materials shall, in addition to the notice

aforesaid, submit to the Authority not less than forty-eight hours

before arrival -

(a) where the carriage of the consignment of radioactive

or fissile materials is subject to the issue of a

certificate by the competent authority of the country of

origin stating that such materials are packed, labelled,

loaded, stowed and carried in a proper manner as

approved by the competent authority, a certified or

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facsimile copy of such certificate; or

(b) where the carriage of the consignment of radioactive

or fissible materials is not subject to the issue of a

certificate by the competent authority of the country of

origin, a certificate detailing the radioactive goods

under the original or stamped facsimile signature of

the consignor or his duly authorised agents endorsed in

the following terms: "This is to certify that the

above-named goods are properly described and are and

marked in accordance with (here reference to the

relevant regulations of the country of origin shall be

inserted by the consignor) and are in proper condition

for transport"; and

(c) such other information or certificates, including

certificates of indemnification, as the Authority may

from time to time require.

(4) No such goods shall be landed before all the necessary

arrangements have been made for the clearance of such goods and

for their removal from the place of landing to a place of safe

storage and if any such goods are landed before such arrangements

have been made, the Authority may order the goods to be placed on

board the ship from which they have been landed or otherwise deal

with them or destroy them as it considers necessary at the risk and

expense of the master of the ship from which they have been

discharged.

(5) Notwithstanding that the provisions of subregulations (1)

and (2) have been complied with such goods shall, at the discretion

of the Authority, be discharged at such a time as will enable them to

be disposed of or otherwise removed from the port during the

regular working hours of the port on the same day and not later than

sunset.

(6) For the purposes of this regulation, any explosives

described in Part II of the First Schedule which may be included in

a consignment of category B explosives shall be specified

separately in the notice as category B Part II explosives.

(7)

(Deleted by L.N. 493 of 2004).

(1) Ships having on board explosives, or inflammable or

dangerous goods including radioactive and fissile materials shall be

berthed in such ports and at such particular places as the Authority

may direct and shall not without the written order or permission of

the Authority be moved therefrom, except for the purpose of

leaving the port.

(2) The Authority may in its discretion establish the maximum

quantity of any explosives which may be carried on board a ship in

order that it may be allowed to enter a port or to berth at any place

within the confines of any port.

(3) Notwithstanding the provisions of these regulations the

Authority may prohibit the entry into any port of a ship carrying

explosives or inflammable or dangerous goods including

radioactive and fissile materials or may require any such ship to

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leave any port.

On the arrival in port of a ship carrying on board any

explosives or any inflammable or dangerous goods including

radioactive and fissile materials the master shall confirm in writing

at the time of pratique the advance information given under the

provisions of regulation 107 and shall on demand supply such other

relevant information as the Authority may require.

When a ship in port has explosives, or inflammable or

dangerous goods on board the master shall ensure that -

(i)

the fire-fighting appliances are kept in a state of

immediate readiness; and

(ii) full pressure is available on the ship’s hoses for

immediate use in case of fire; and

(iii) sufficient crew is kept on board at all times to

man the fire-fighting appliances; and

(iv) fire drill and inspection of fire-fighting

appliances are carried out daily.

(1) No person shall smoke or be allowed to smoke at or

near any place or in any hold or conveyance containing explosives

or inflammable goods, where such explosives or goods are being

handled in any port.

(2) No person engaged in handling explosives or inflammable

goods or being otherwise present at or near the place of handling

such explosives or goods shall carry or be permitted to carry

matches, or any form of naked light, or other means of producing

ignition.

(3) No intoxicated person shall be allowed in the hold of any

ship or in any conveyance into or out of which explosives or

inflammable goods are being handled and no such person shall

approach or be permitted to approach explosives or inflammable

goods which are being so handled.

(4) The master of a ship carrying explosives or inflammable

goods shall ensure that the provisions of this regulation are

complied with within the ship and that the provisions of this

regulation are brought to the notice of all persons employed in any

craft alongside the ship.

No smoking, fire or light of any description (other than the

lights required by law) shall be allowed in any craft which is being

used for carrying explosives or inflammable goods.

No person shall work the ship’s wireless transmitter or

radar installation while explosives or inflammable goods are being

unloaded or while any hold containing explosives is open.

No person shall use any fire or artificial light, other than an

electric lighting installation of a safe type or a safety lamp, on any

ship which is loading or unloading explosives or in the vicinity of

the explosives at the place where such loading or unloading is

being carried out

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Provided that the provisions of this regulation shall not

apply to -

(a) navigation or signal lights so disposed as to prevent

any risk of fire or explosion;

(b) engine room fires when such fires are carefully tended;

(c) public street lighting.

No person shall carry out any repairs of any kind or

perform any chipping or scaling in or about any ship carrying

explosives save with the written permission of the Authority.

(1) A ship with explosives on board shall not drop main

steam or immobilise her main engines while in port and the master

shall ensure that throughout the time that the ship is in port or the

explosives are on board, the ship is capable of moving under main

engines at short notice and at all times within half an hour of an

order to do so from the Authority.

(2) Should such a ship for any reason whatsoever have her

main engines immobilized the master shall immediately inform the

Authority who may thereupon require the master to engage a tug or

tugs, suitable for unberthing or moving such ship, to stand by the

ship during the period that the engines are immobilized or until all

the explosives are discharged and such tug or tugs shall be engaged

at the risk and expense of the ship.

(3) In the event of a fire occurring the port either in such ship

or elsewhere the Authority may similarly require the master to

engage a tug or tugs to stand by the ship and at the risk and expense

of the ship.

No explosives shall be landed from any ship or small craft

at any place save that indicated by the Authority after consultation

with the Commissioner of Police and, in the case of service

explosives, also after consultation with the authorised service

representative.

No explosives shall be landed at, loaded from, brought into

or deposited at, any quay, warehouse or other place in the port

except at such quay, warehouse or place as the Authority may from

time to time and in particular cases direct; and, no explosives shall

be landed at, loaded from, brought into or deposited at, any such

quay, warehouse or place until the ship or vehicle by which the

explosives are to be removed therefrom shall be at the place in

readiness to receive such explosives.

(1) Where service explosives are being conveyed by or

loaded into or unloaded from a ship, an authorised service

representative shall give technical advice to the Authority and to

the master of the ship to secure the safety of the operations, and the

Authority shall, after consulting such authorized representative,

determine what precautions shall be taken for the safety of the port.

(2) An authorized service representative shall be present before

such loading or unloading begins, and such loading or unloading

shall not begin until he has made such inspection as he may think

necessary of the ship or small craft and of the explosives, or, where

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they are a package, of the package containing them, and he shall be

available throughout the loading or unloading to give such advice

as he may be asked for or may deem it proper to give.

(3) An authorised service representative shall ensure that the

explosives shall not be unloaded out of any ship until a vehicle or

ship into which they are to be loaded is ready to receive them, and

shall not be unloaded out of any vehicle until a ship into which they

are to be loaded is ready to receive them.

(4) Before the loading or unloading of the explosives into or

out of any ship or vehicle is commenced and throughout the time

that it continues, the authorised service representative and the

master of any ship affected by that operation shall respectively

after consulting, if they consider it necessary or expedient, the

Authority, ensure that all due precautions are taken to reduce, to

such extent as is possible, the risk of fire or explosion arising in the

course of the loading or unloading and the consequences of such

fire or explosion should either event take place.

(5) No small craft or vehicle shall be used for the purpose of

assisting in the loading or unloading of any service explosives into

or out of any other ship or small craft or vehicle unless it is a small

craft or vehicle which has been approved for such a use by the

authorised service representative.

(6) No sling or other appliance shall be used for the purpose of

assisting in the loading or unloading of any service explosives

unless it has been approved for such a use by the authorised service

representative, and no sling or other appliance shall be used for

such purpose in a manner which the authorised representative may

consider unsafe; and where the authorised service representative

deems it necessary, special slings or other appliances to assist in the

loading or unloading shall be provided and shall be used in such

manner as he shall direct.

(7) Where any explosives are being loaded into or unloaded

from a ship carrying a mixed cargo of service explosives and

commercial explosives, the authorised service representative shall

be available throughout such loading or unloading to give such

advice as he may be asked for or as he may deem it proper to give.

Every person in control of any explosive or of any ship or

small craft or vehicle containing explosives shall, when so required

by the Authority, show all explosives under his control or upon his

ship or small craft and shall afford every reasonable facility to

enable inspection and examination of such explosives to be made to

ascertain whether these regulations are being duly complied with.

Explosives shall not be landed except on production to the

Authority of one of the following certificates or permits

(a) in the case of explosives other than service

explosives -

(i) if shipped from any foreign port, the certificate

issued by a duly qualified person competent to

issue such certificate and, where the Authority

so requires, authenticated as such by a Maltese

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consular authority, to the effect that the

explosives have been shipped in good order and

condition, properly packed and labelled, safe to

be handled in a warn climate; and

(ii) if shipped from one port of Malta or Gozo to

another, the permit of a person duly authorised

by the Commissioner of Police; and

(b) in the case of service explosives a certificate issued by

a person competent to issue such a certificate to the

effect that the service explosives have been shipped in

good order and condition, properly packed and

labelled, and safe to be handled in a warm climate.

(1) Subject to the provisions of regulations 118 and 119,

the Authority may require the attendance of fire-fighting units

during the unloading, loading or handling of explosives or when a

ship having explosives on board is in any port.

(2) The unshipping, transport and landing of explosives shall

take place where the Authority so directs, under the supervision of

a customs official and, if the Commissioner of Police so directs,

also of a police officer.

(3) A red flag shall be fixed on the craft used for the transport

of explosives, and at the place of landing.

(4) Any expense incurred in the attendance of watchmen,

customs officials, police officers, or fire-fighting units or in the

provision of any facility in connection with the handling and

discharge of explosives shall, except where otherwise provided in

these regulations, be borne by the owner, importer, exporter, or

agent, as the case may be.

Detonators shall not be conveyed in any craft conveying

any other explosives and no explosives shall be conveyed in any

craft with any other goods whatsoever.

The proper officer of the Malta Police Force and, in the

case of service explosives, the authorised service representative,

shall give any necessary technical advice to the Authority and to

the master of the ship loading or unloading explosives.

The loading or unloading of explosives to or from a ship

shall be carried out under the supervision of an officer of that ship

specially charged with the duty of supervising that operation by the

master and he shall be present at all time while that operation is

being carried out.

(1) Where any explosive or any package containing

explosives appears to be damaged all work in the vicinity shall

cease until the Authority or the contractor, or the master, as the

case may be, or, in the case of service explosives, the authorised

service representative, has made arrangements for the safe disposal

of such explosive or package and such disposal has been

satisfactorily completed and any explosive which may have

escaped from its package during handling shall likewise be safely

collected and disposed of before work is allowed to proceed.

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(2) The master shall inform the Authority as soon practicable

of any explosives which may be dropped overboard during

handling and the master shall be liable to pay all the expenses

incurred in recovering the explosives.

(3) Packages containing explosives shall not, whenever

practicable, be dragged or rolled but shall be passed from hand to

hand when the ship’s discharging gear is not available; and, when

dragging or rolling cannot be avoided, the surface over which the

packages are to be moved shall first be covered with suitable

canvas, cloth or similar material, and packages shall be carefully

lifted, deposited, or stowed, and shall not be thrown or dropped

when handled.

(4) The owner, master or agent of a ship loading or unloading

explosives shall ensure that all stevedoring gear used is of a pattern

and in such condition as to be suitable for the safe handling and

discharging of explosives.

During the time explosives are being loaded or discharged,

no other goods or articles shall be handled or dealt with at or near

the place of work and no person other than those actually engaged

in or superintending the work of loading or discharging the

explosives shall approach the place of work. At his discretion, a

police officer or other person authorised by the Authority may

order any person to go to a reasonable distance from such place of

work.

While loading or unloading of explosives is being carried

out, the master and all persons engaged in handling explosives

shall -

(a) take all due precautions to prevent -

(i) accidents by fire or explosion; and

(ii) unauthorised persons from obtaining access to

explosives;

(b) abstain from any act whatever which tends to cause a

fire or an explosion and is not reasonably necessary for

the purpose of such loading or unloading; and shall use

every reasonable endeavour to prevent any other

person from committing any such act;

(c) suspend all handling of explosives during

thunderstorms or other periods of atmospheric

electrical disturbances or when such conditions are

imminent.

When a ship in port has explosives on board, the master

shall ensure that he is in possession of full information concerning

the fire-fighting arrangements in the port with particular reference

to the ship’s berth and the means of giving the alarm.

(1) The Authority may in its discretion establish the

maximum quantity of any explosives which shall be carried in

small craft within the confines of any port.

(2)

The master or agent of a ship, or the owner of the

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explosives or of the small craft shall duly carry out the directives of

the Authority in this regard.

The owner, master or agent of a ship carrying radioactive

or fissile materials entering any harbour within these Islands shall

produce to the Authority an idemnity, to such amount and in such

form as the Authority deems fit, against loss of life, or injury to

persons, or damage to, or loss of property, or against any possible

combination of such risks arising from such materials while they

are on board his ship

Provided that the Authority may accept any form of

indemnity agreement between the owners or master of such ship

and the competent authority of any country, where such indemnity

in favour of any person or public authority who may suffer loss of

life, or any injury or loss or damage to property or any combination

of such risks arising from such materials while they are on board

such ship.

PART IX

MISCELLANEOUS

No person shall in any port suffer any obstruction or

nuisance made or caused by him to remain unabated.

(1) Subject to the provisions of these regulations, all

licences issued or renewed by the Authority shall be valid from the

date of issue or renewal, unless some other date is indicated thereon

for such purpose, and all such licences shall lapse on the thirty-first

day of December of the year in which they are issued or renewed,

subject to renewal.

(2) Where any licence is issued or renewed after the first day of

January of any year, the period between the date on which or with

effect from which such licence is issued or renewed and the

thirty-first day of December of that year shall be deemed to be a

full year for the purposes of the payment of any fees prescribed in

relation to such licence in the tariff.

(3) The Authority may at any time cancel any licence or permit

issued or given in accordance with the provisions of these

regulations whenever it deems fit, and it may refuse to renew any

licence.

(4) The Authority may attach to any licence or permit issued or

given in accordance with the provisions of these regulations such

conditions as it may deem fit, and in the case of each failure to

observe such conditions, or any of them, the holder of such licence

or permit shall be deemed to have acted without a licence or permit,

as the case may be.

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(1) Any person who contravenes any of the provisions of

regulations 4, 8, 9, 11, 20, 25, 29, 36, 40, 41, 46, 47, 48, 49, 50, 52,

55, 59, 60, 61, 62, 66, 91, 125, 127 and 129 shall be guilty of an

offence and shall, on conviction, be liable to a fine (multa) not

exceeding eleven euro and sixty-five cents (11.65).

(2) Any person who contravenes any of the provisions of

regulations 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 28, 34,

35, 37, 38, 42, 43, 44, 45, 51, 54, 63, 64, 67, 76, 78, 94, 111, 112,

113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 126 and 128 shall

be guilty of offence and shall, on conviction, be liable to a fine

(multa) not exceeding one hundred and sixteen euro and forty-

seven cents (116.47).

(3) Any person who contravenes the provisions of regulations

3, 5, 6, 21, 26, 30, 33, 39, 53, 56(1), 56(2), 56(3), 56(5), 103(2),

107, 108(1), 109 and 116 shall be guilty of an offence and shall, on

conviction, liable to fine (multa) not exceeding two hundred and

thirty-two euro and ninety-four cents (232.94) or to imprisonment

for a term not exceeding three months or to both such fine and

imprisonment.

(4) Any person who contravenes the provisions of regulations

10, 14, 27, 31 and 110 shall be guilty of an offence and shall, on

conviction, be liable to fine (multa) not exceeding one hundred and

sixteen euro and forty-seven cents (116.47) and to an additional

fine (multa) not exceeding eleven euro and sixty-five cents (11.65)

for every day during which the default continues.

(5) Any person who contravenes the provisions of regulations

81, 82 and 84 shall be guilty of an offence and shall, on conviction,

be liable to a fine (multa) not exceeding eleven euro and sixty-five

cents (11.65) for every day during which the default continues.

(6) Prosecution in respect of offences under these regulations

shall be instituted by the Police with the consent of the Authority,

and the provisions of this regulation shall be without prejudice to

prosecutions in terms of any other law or regulations where the fact

constitutes an offence under that law or regulation.

The provisions of these regulations are in addition to and

not in derogation of the provisions of any law or regulations.

The forms specified in the Second, Fourth, Tenth and

Eleventh Schedule shall be available from the Office of the

Authority on payment of such charge as may from time to time be

fixed by the Authority.

The provisions of Part V of the Act shall apply to offences

under these regulations as they apply to offences under the Act.

(1) Without prejudice to any powers conferred by these

regulations or by any other law, the Authority may remove, or

direct or cause to be removed, any ship which is kept, moored,

berthed, stationed or anchored in breach of any of the foregoing

regulations, from any place within a port to any other place within

that port or any other port.

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(2) Any removal effected in pursuance of this regulation shall

be at the ship’s risk and expense.

(3) Any removal effected in pursuance of this regulation shall

not prejudice any criminal or civil action taken or instituted, or

which may be taken or instituted, against the master, owner, agent

or any person in charge of the ship, for breach of the regulations.

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