BUOYAGE DUES REGULATIONS

BUOYAGE DUES

SUBSIDIARY LEGISLATION 499.06

BUOYAGE DUES REGULATIONS

3rd April, 1979

LEGAL NOTICE 44 of 1979, as amended by Legal Notices 23 of 1982,

30 of 1983 and 12 of 1985; Act XVII of 1991; and Legal Notice 425 of

2007.

The title of these regulations is the Buoyage Dues

Regulations.

Substituted by

L.N. 23 of 1982;

Regulation 9

L.N. 30 of 1983;

L.N. 12 of 1985;

L.N. 425 of 2007.

First Column

Second Column

GRAND HARBOUR

No. 14 / 14A / 14B; 15 / 15A

€232.94

MARSAMXETT HARBOUR

No. 1 / 1A; 2 / 2A; 3

€232.94

In these regulations, "Authority" means the Authority for

Transport in Malta established under the Authority for Transport in

Malta Act.

No master of a ship shall use any buoy which is the

property of, or is under the control or management of, or is being

operated by the Authority without the prior permission of the

Authority.

In allowing a master to moor his ship on a buoy, or to leave

such moorings, the Authority may require him to engage such

number of tugs as in the opinion of the Authority are necessary to

ensure that the ship will not cause any damage to the particular

buoy and/or mooring.

(1) Unless with the permission of the Authority, the master

of a ship shall make fast the cable of the ship only to the ring of the

buoy but to no other part of the mooring.

(2) The master of a ship which is moored on a buoy shall take

all such precautions as are necessary to avoid any damage or undue

strain to the buoy or moorings, and, in particular, shall not, without

the prior permission of the Authority, use the engine of the ship

whilst the ship is fast on the buoy.

The master of a ship while moored on a buoy shall, at all

times, have sufficient hands on board to -

(a) attend to the lights and to any other signals;

(b) keep the moorings properly adjusted;

(c) drop an anchor in the event of the ship breaking adrift;

(d) inform the Authority of any collision with the ship or

moorings.

(1) If a ship sinks or becomes stranded or a wreck when

about to take up, taking up, lying at, or leaving, the buoy, the owner

and/or master of the ship shall forthwith remove the ship to such

berth or place as shall be indicated by the Authority.

(2) If the master or the owner of the ship does not comply,

within twenty-four hours, with the provision of subregulation (1),

the Authority may mark the ship with such light, buoy, or other

marks at the risk and expense of the master or owner of the ship.

BUOYAGE DUES

(3) If the master or owner does not, within fifteen days or

within such other longer or shorter period as the Authority may, in

its absolute discretion, in any particular case decide, remove the

ship as provided in subregulation (1), the Authority may take

possession of, remove or destroy such ship and wreck and recover

from the master or owner of the ship such costs and expenses as

shall have been incurred by the Authority as well as such damages

as may have been suffered by the Authority.

In granting permission for the use of any buoy as is

referred to in regulation 3, the Authority may -

(a) require from the master, owner and/or agent of the ship

an undertaking indemnifying the Authority from any

damages which may be suffered by the ship using that

buoy and from any damages caused to any other ship,

or to life or property and arising out of the use of that

buoy, and

(b) impose any other condition as it may decide in its

absolute discretion.

(1) The owner, master or agent of a ship using a buoy as is

referred to in regulation 3 shall, in addition to any other dues, fees

or rates, pay in respect of the buoys shown in the first column of

the Schedule the relative rate per day or part thereof shown in the

second column of the said Schedule.

(2) The relative rate payable as provided in subregulation (1)

shall be doubled when any ship using such buoy is not fully

manned with deck and engine room officers and men, or is not

manned with such number of deck and engine room officers and

men as is agreed with the Authority.

(3) The Authority may demand that payment for the use of any

buoy as is referred to in regulation 3 be made in advance, and it

may also demand an advance deposit in respect of such use.

(4) The mooring of a ship to any particular buoy shall be at the

sole discretion of the Authority.

The Minister responsible for ports, with the concurrence of

the Minister responsible for finance, may exempt any owner,

master or agent of any ship from the payment of any dues which

would otherwise be payable under the provisions of these

regulations.

BUOYAGE DUES