BERTHAGE AND ANCHORAGE DUES REGULATIONS

SUBSIDIARY LEGISLATION 499.38

BERTHAGE AND ANCHORAGE DUES

REGULATIONS

1st October, 2005

LEGAL NOTICE 174 of 2005, as amended by Legal Notice 425 of 2007;

Act XV of 2009; and Legal Notice 228 of 2010.

The title of these regulations is the Berthage and

Anchorage Dues Regulations.

Amended by

L.N. 425 of 2007;

(Regulation 3)

XV. 2009.49.

Substituted by

L.N. 228 of 2010.

1. Every vessel at a berth or anchored in an anchorage zone under the control

and management of the Authority shall be subject to berthage or anchorage dues for

every period of 24 hours and part thereof as follows

Berthage

Anchorage Dues Anchorage Dues

Dues

as from 1st May as from 1st May

LOA less than 80 metres

€ 80

€110

€160

LOA between 80 metres and

€115

€160

€230

200 metres

LOA over 200 metres

€175

€245

€350

2. The Authority may levy dues at an increased rate, varying between 200%

and 500% of the dues specified in paragraph 1, if, in its opinion, the master, owner,

or agent of the vessel, without a reasonable justification

(a) postpones the commencement of an operation after the arrival of the

vessel at a berth or after anchoring in an anchorage zone; or

(b) leaves the vessel idle at berth or anchored in an anchorage zone for a

period of time without carrying out any operation, even after an

operation has commenced and has subsequently been suspended; or

(c) delays the sailing of the vessel from a berth or from an anchorage zone

after the completion of an operation; or

(d) fails to carry out a direction by the Authority to vacate a berth or from

the anchorage zone within a period of time established by the Authority

in a written notice; or

(e) leaves a vessel at a berth or anchored in an anchorage zone for a longer

period than that established by a written agreement entered into with the

Authority.

3. When a vessel is ordered by the Authority to shift from one berth to another,

the length of stay shall be calculated as though the vessel had been at berth for the

whole duration.

4. When a vessel is ordered by the Authority to shift from one anchorage zone

to another, the length of stay shall be calculated as though the vessel had been in the

same anchorage zone for the whole duration.

5. When a vessel is ordered by the Authority to shift from a berth to an

anchorage zone, the length of stay shall be calculated as follows

(a) for the period during which the vessel is at berth including the time take

to shift from the berth to the anchorage zone, berthage dues shall be

charged; and

(b) for the period during which the vessel is anchored in the anchorage

zone, anchorage dues shall be charged.

6. When a vessel is ordered by the Authority to shift from an anchorage zone to

a berth, the length of stay shall be calculated as follows

(a) for the period during which the vessel is anchored in the anchorage zone

including the time taken to shift from the anchorage zone to the berth,

anchorage dues shall be charged; and

(b) for the period during which the vessel is at berth, berthage dues shall be

charged.

In these regulations, unless the context otherwise requires

"the Act" means the Authority for Transport in Malta Act;

"anchorage zones" means those zones within the ports, internal

waters or territorial waters of Malta designated by the Authority

wherein vessels are allowed to anchor in order to receive any

service from Malta, and includes stopping zones;

"Authority" means the Authority for Transport in Malta as

established by the Act;

"berth" shall have the same meaning as that assigned to "quay" in

the Ports Regulations;

"internal waters" shall have the same meaning as that assigned to

it in the Act;

"length overall of a vessel (LOA)" means the distance between

the foreside of the foremost fixed permanent structure and the

aftside of the aftermost fixed permanent structure;

"operation" means any purpose of call of a vessel at a berth or

anchored in an anchorage zone, and it includes cargo handling,

passenger operations, bunkering, ship handling, victualling, repairs

and crew changes;

"port" shall have the same meaning as that assigned to it in the

Act;

"territorial waters" shall have the same meaning as that assigned

to it in the Act;

"vessel" means every description of vessel used in navigation,

whether self-propelled or not, and it includes barges, oil rigs,

pontoons, floating structures, seaplanes, and any other craft and

similar vessels.

Every vessel at a berth or anchored in an anchorage zone

which are under the control or management of, or are being

operated by the Authority, within a port, the internal waters or the

territorial waters, shall be subject to berthage or anchorage dues as

specified in the Schedule

Provided that such berthage or anchorage dues shall not

apply to

(a) a vessel that is charged a due, for the use of aberth or

an anchorage zone, in terms of other legislative

provisions or arrangements and agreements concluded

and approved by the Authority; and

(b) a vessel belonging to a foreign Government, provided

it does not engage in trade or commerce.

Any person who is liable for the payment of the dues

specified in the Schedule shall produce to the Authority any

documents which it may require to ascertain the amount of dues

payable.

A change in the agent of a vessel shall be notified in

writing to the Authority by both the former and by the new agent of

the vessel immediately such change is registered. In the absence of

such notification, the initial agent of the vessel shall be liable for

payment of any dues which in terms of these regulations accure in

respect of the vessel for the whole duration of its stay in Malta.

Vessels which have been in a port or in the internal or

territorial waters prior to the date on which these regulations come

into force, shall be deemed to have arrived in such waters on the

said date and the dues specified in these regulations shall be paid in

respect of such vessels as from such date.

Notwithstanding the provisions of these regulations, the

Authority may enter into any special agreement or arrangement in

respect of any matter referred to in these regulations in place of any

dues leviable under these regulations

The Authority may exempt any vessel from the payment of

berthage or anchorage dues subject to any condition which it may

deem fit to impose.

BERTHAGE AND ANCHORAGE DUES