RIŻORSI AGRIKOLI MALTA (ESTABLISHMENT AS AN AGENCY) ORDER

(ESTABLISHMENT AS AN AGENCY)

SUBSIDIARY LEGISLATION 595.48

RIŻORSI AGRIKOLI MALTA (ESTABLISHMENT AS

AN AGENCY) ORDER

7th December, 2023

LEGAL NOTICE 284 of 2023.

The title of this order is the Riżorsi Agrikoli Malta

(Establishment as an Agency) Order.

In this order, unless the context otherwise requires

"Act" means the Public Administration Act;

"Agency" means the Riżorsi Agrikoli Malta;

"agreement" means the Agency performance agreement

as provided in article 6;

"Minister"

means

the

Minister

responsible

for

agriculture;

"Permanent Secretary" means the Permanent Secretary

responsible for agriculture.

(1)

There shall be an Agency, to be known as Riżorsi

Agrikoli Malta, which shall regulate, administer and provide services

related to agriculture resources.

(2)

The Agency shall be a body corporate having separate

and distinct legal personality and shall be capable of entering into

contracts, of employing personnel, of acquiring, holding and disposing

of any kind of property for the purposes of its operations, and of suing

and being sued, of doing all such things and entering into all such

transactions as are incidental or conducive to the exercise or

performance of its functions under this order. and any other function or

operation of Government which may be assigned to it under this law or

any other law.

(3)

The legal and judicial representation of the Agency shall

be vested with the Chief Executive Officer thereof or such other

officer of the Agency as the Minister responsible for it may from time

to time appoint by notice in the Gazette.

(1)

In the execution of its functions, the Agency shall

have the following responsibilities

(a)

support the sustainable development of the

agricultural sector in Malta through access and protection of

agriculture resources;

(ESTABLISHMENT AS AN AGENCY)

(b)

implement regulations and Government policies

on agriculture resources and administer and sustainably manage

the resources and assets assigned to it;

(c)

ensure responsible governance of tenure of

agriculture land through an effective agricultural land

management system;

(d)

implement projects and administer schemes

related to the development and management of agriculture land

and water resources;

(e)

advise the Minister and support Government

policy in the regulation and management of agriculture

resources;

(f)

update, coordinate and implement the Agricultural

Waste Management Plan prevalent at the time and to register

and sustainably manage agricultural bioresources in a manner

that supports the agricultural sector in Malta; and

(g)

exercise any function that may be assigned to it by

the responsible Minister.

(2)

The Agency shall have the power to

(a)

collaborate with other agencies, corporations,

authorities, government and non-government entities and other

persons for the carrying out of its functions;

(b)

enter into arrangements with public bodies, public

authorities, government departments and public corporations in

fulfilling its functions;

(c)

manage its own finances;

(d)

establish fees for the services it provides;

(e)

acquire, sell and, or lease agriculture land;

(f)

create

revenue

streams

from

the

services

provided; and

(g)

with the consent of the Minister, enter into joint

ventures or partnerships or other arrangements to fulfil any one

of its functions.

(1)

The Minister responsible for the Agency shall be

the Minister responsible for agriculture or such other Minister as may

be designated for such purpose by the Prime Minister.

(2)

The Permanent Secretary shall supervise the Agency in

(ESTABLISHMENT AS AN AGENCY)

accordance with article 29 of the Act

Provided that the Prime Minister may assign the

responsibility of the Agency to another Minister, and its supervision to

the Permanent Secretary of that Ministry.

The operations of the Agency shall follow an agreement

which is to be entered into between the Permanent Secretary and the

Agency.

The Agency shall be regulated by the provisions of the

Public Finance Management Act unless otherwise stipulated in the

agreement between the Permanent Secretary and the Agency, in which

case, the provisions of the agreement shall prevail.

(1)

The Minister may, upon a request of the

Permanent Secretary, after consultation with the Prime Minister,

appoint a Board of Governors with the following functions

(a)

advise on decisions entrusted to the Agency as the

case may be;

(b)

assess and provide

recommendations

on

applications and documents;

(c)

assess complaints, reports and information related

to alleged breaches and to co-ordinate investigations whenever

the Agency is of the opinion that a breach should be pursued;

(d)

advise on the formulation, implementation and

updating of plans and policies relating to the promotion of all

agricultural resources and economy, and such other matters as

may be necessary, ancillary, incidental or conducive to the

better carrying out the functions of the Agency; and

(e)

advise on long and short term objectives and

strategies for the proper administration of the Agency.

(2)

The Board shall be composed of the Chairperson, a

Deputy Chairperson and at least five (5) but not more than nine (9)

other voting members.

(3)

The Chairperson shall be a person who is in possession

of a warrant to exercise the profession of advocate and who has

exercised that profession for at least twelve (12) years or a retired

Judge or Magistrate.

(4)

The Deputy Chairperson and members of the Board shall

be appointed by the Minister from among persons who in his opinion

are qualified by reason of having had experience of, and demonstrated

capacity in, matters relating to agriculture or agricultural development,

(ESTABLISHMENT AS AN AGENCY)

land and water resources administration, to the practice of the legal

profession, economics and agricultural economy, architecture, social

policy, management, organisation of workers or employees, industry,

trade or administration, and the Minister may also choose one (1) or

more members from among public officers

Provided that at least two (2) members of the Board shall

be appointed from organisations representing farmers’ interests.

(5)

The term of office for the members of the Board shall

expire after a period of three (3) years from the appointment, as may

be specified in the letter of appointment, and shall be eligible for re-

appointment

Provided that if a member is appointed at any time after

the other members have already been appointed, the term of

appointment of the said member shall end on the same date as that of

the other members.

(6)

The remuneration paid to the members of the Board shall

be in accordance with the Framework for the Categorisation,

Classification and Remuneration Structure for Government

Appointed Boards and Committees or any other document

superseding the same.