EXCLUSIVE ECONOMIC ZONE REGULATIONS

SUBSIDIARY LEGISLATION 625.01

EXCLUSIVE ECONOMIC ZONE REGULATIONS

20th October, 2023

LEGAL NOTICE 250 of 2023.

(1)

The title of these regulations is the Exclusive

Economic Zone Regulations.

(2)

The scope of these regulations is to regulate activities in

an Area, to protect and preserve the marine environment, to regulate

safety zones in the exclusive economic zone and to provide for such

matters ancillary or incidental thereto or connected therewith.

(3)

These regulations shall apply to the exclusive economic

zone of Malta.

Regulation 4(3)

Administrative Charge for submarine cables

Description

Administrative Charge

Surveying of

submarine

A one-time administrative

cables in an Area.

charge of ten thousand euro

(€10,000).

Laying of submarine cables

A one-time administrative

in an Area.

charge of ten thousand euro

(€10,000).

(1) Unless otherwise defined in these regulations, words

and expressions used herein shall have the same meaning assigned to

them in the Act.

(2)

In these regulations, unless the context otherwise

requires

"the Act" means the Exclusive Economic Zone Act;

"administrative charge" means any fee payable to the

Minister in relation to the application, processing and granting

of a licence in terms of the Act and the regulations made

thereunder;

"research entity" means any person, State, educational

institution, commercial partnership, consortium, association,

body of persons or competent international organisation

involved in marine scientific research.

(1)

The Minister may, pursuant to paragraphs (h), (i)

and (j) of sub-article (1) of article 9 of the Act, and for the purposes set

out therein, by order published in the Gazette, prohibit ships from

entering a safety zone without his consent, subject to any exceptions,

as may be specified in that order.

(2)

If any ship enters a safety zone in contravention of an

order under this regulation, its owner, charterer, manager or master

shall be liable, on conviction, to a fine (multa) not exceeding one

million euro (€1,000,000) or to imprisonment for a term not exceeding

one (1) year or to both such fine and imprisonment.

(1)

No person shall conduct a survey for the laying of

a submarine cable or pipeline or lay or maintain any submarine cable

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or pipeline in an Area without a licence for such purpose, granted by

the Minister, giving the consent of the Minister for the said surveying

and specifying the delineation of the course for the laying of such

cables and pipelines. An application for a licence shall be made in

writing and addressed to the Minister and shall include the following

information

(a)

a signed application letter addressed to the

Minister requesting a licence for the purposes specified in this

regulation;

(b)

background information on the project;

(c)

background information on the owner or operator;

(d)

the precise geographical areas in which the project

is to be conducted and the proposed dates of the planned

operations;

(e)

description of any data planned to be acquired;

(f)

technical specifications of the vessel and the

technical equipment;

(g)

qualifications of the key personnel; and

(h)

any other information as may be requested by the

Minister.

(2)

Without prejudice to sub-regulation (1), the Minister may

impose on such licence any condition as he may consider necessary for

the laying or maintenance of such cables and pipelines, in the exercise

of his right to take reasonable measures for exploration in the exclusive

economic zone, the exploitation, conservation and management of

natural resources, protection and preservation of the marine

environment and the prevention, reduction and control of pollution

from such cables or pipelines.

(3)

There shall be payable to the Minister an administrative

charge as established in the Schedule for the surveying or laying of

submarine cables and for the granting of a licence in accordance with

sub-regulations (1) and (2)

Provided that, where an administrative charge for a

licence is due under this regulation and under regulation 5 of the

Continental Shelf Regulations, only the administrative charge of the

latter shall apply.

(4)

In case of submarine pipelines any administrative charges

or other fees shall be agreed to between the Minister and the applicant

on a case-by-case basis.

(5)

Any charges or fees that have been paid prior to the entry

in force of these regulations shall not be reimbursable.

(6)

The owner or operator of any submarine cable or pipeline

which has fallen into disuse or is beyond repair shall forthwith inform

the Minister thereof and shall, if so ordered by the Minister, remove

such cable or pipeline within such period of time as the Minister may

order and in accordance with any conditions which the Minister may

so establish, at the sole expense of the owner or operator.

(7)

Any person who contravenes any of the provisions of this

regulation shall be liable, on conviction, to a fine (multa) not

exceeding two million euro (€2,000,000) or to a term of imprisonment

not exceeding two (2) years or to both such fine and imprisonment.

(1)

No person or research entity shall conduct marine

scientific research in an Area unless authorised in terms of a licence

for such purpose granted by the Minister, and in any case said marine

scientific research shall be conducted in accordance with any

requirement or condition contained in any such licence and in

conformity with international law. An application for a licence shall be

made in writing in the form as specified in sub-regulation (3).

(2)

The Minister may, without prejudice to the generality of

his discretion under sub-regulation (1), withhold his consent to grant

the said licence for the conduct of a marine scientific research project

in an Area if that project

(a)

is of direct significance for the exploration and

exploitation of natural resources, whether living or non-living;

(b)

involves drilling, or coring into, or sampling from,

or involves the use of explosives or the introduction of harmful

substances into the marine environment;

(c)

involves the construction, operation or use of

artificial islands, installations, structures, equipment and

devices referred to in regulations 6 and 7;

(d)

relates to any information communicated pursuant

to sub-regulation (3) regarding the nature and objectives of the

project which is inaccurate or if the research entity has

outstanding obligations with the Government from a prior

research project; or

(e)

might interfere, in an unjustifiable manner, with

activities undertaken by Government in the exercise of its

sovereign rights and jurisdiction provided for under the Act or

international law.

(3)

Any research entity intending to undertake marine

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scientific research in an Area shall, not less than six (6) months in

advance of the expected starting date of the marine scientific research

project, provide the Minister with an application for consent,

accompanied by the appropriate fee specified in sub-regulation (12)

and by such information and evidence in support thereof, as is required

by the Minister. In the application the research entity shall give full

details of the following

(a)

the nature and objectives of the project;

(b)

the method and means to be used, including name,

tonnage, type and class of vessels and a description of scientific

equipment;

(c)

the precise geographical areas in which the project

is to be conducted;

(d)

the expected date of first appearance and final

departure of the research vessels, or deployment of the

equipment and its removal, as appropriate;

(e)

the name of the sponsoring institution, its director,

and the person in charge of the project; and

(f)

the extent to which it is considered that the

Government should be able to participate or be represented on

the project.

(4)

When undertaking marine scientific research in an Area,

any research entity shall comply with the following conditions

(a)

ensure the right of the Government, if it so desires,

to participate or be represented in the marine scientific research

project, especially on board research vessels and other craft or

scientific research installations, when practicable, without

payment of any remuneration to the scientists of the

Government and without any obligation for the Government to

contribute towards the costs of the project;

(b)

provide the Minister, at his request, a daily

position report of the research vessel or other craft or scientific

research installations;

(c)

provide the Minister, at his request, with

preliminary reports, as soon as practicable, and with the final

results and conclusions after the completion of the research and

in accordance with the conditions of the licence;

(d)

comply with all applicable health, safety and

environmental regulations and guidelines;

(e)

provide access for the Minister, at his request, to

all data and samples derived from the marine scientific research

project and furnish him with data which may be copied and

samples which may be divided without detriment to their

scientific value;

(f)

if requested, provide the Minister with an

assessment of such data, samples and research results or

provide assistance in their assessment or interpretation;

(g)

ensure that, as soon as practicable, the research

results are made internationally available through appropriate

national or international channels

Provided that if the research results of a project

are of direct significance for the exploration and exploitation of

natural resources, then such results shall not be made available

in accordance with this sub-regulation without the prior consent

in writing of the Minister;

(h)

inform the Minister immediately of any major

change in the research programme;

(i)

unless otherwise agreed with the Minister, remove

the scientific research installations or equipment once the

research is completed or otherwise discontinued by not later

than sixty (60) days from the date of completion or otherwise

discontinuity of the said research; and

(j)

comply with any other condition which the

Minister may reasonably impose.

(5)

Nothing in sub-regulations (3) and (4) shall be construed

as limiting the discretion of the Minister to grant or withhold his

consent to grant a licence for the conduct of a marine scientific

research project in an Area, pursuant to sub-regulation (2).

(6)

The Minister shall have the right to issue an order

requiring the suspension of any marine scientific research activities in

progress within an Area if

(a)

the research activities are not being conducted in

accordance with the information communicated as provided

under sub-regulation (3) upon which the consent of the Minister

was based; or

(b)

the research entity conducting the research

activities fails to comply with the provisions of sub-regulation

(4) concerning the rights of the Minister and, or the

Government with respect to the marine scientific research

project.

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(7)

The Minister shall have the right to issue an order

requiring the immediate suspension or cessation of any marine

scientific research activities in case of any non-compliance with the

provisions of sub-regulations (3) and (4) which amounts to a major

change in the research project or the research activities.

(8)

The Minister shall have the right to issue an order

requiring the immediate cessation of marine scientific research

activities if any of the situations contemplated in sub-regulation (6) are

not rectified within a reasonable period of time prescribed in writing by

the Minister and served on the relative research entity.

(9)

Following notification by the Minister of its decision to

order suspension or cessation, the research entity shall terminate the

research activities that are the subject of such a notification.

(10) An order of suspension under sub-regulation (7) may be

lifted by the Minister and the marine scientific research activities

allowed to continue once the research entity has complied with the

conditions required under sub-regulations (3) and (4).

(11) Any person who contravenes any of the provisions of this

regulation shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) not exceeding five hundred thousand euro

(€500,000).

(12) The application for a licence submitted to the Minister

pursuant to sub regulation (3) shall be subject to a non-refundable

administrative charge of three hundred euro (€300), payable to the

Minister

Provided that, where an administrative charge for a

licence is due under this regulation and under regulation 6 of the

Continental Shelf Regulations, only the latter administrative charge

shall apply.

(1)

No person shall construct, operate or use any

artificial island, installation, structure, equipment or device, in an Area,

without a licence for such purpose granted by the Minister or in

contravention of any requirement or condition contained in any such

licence. An application for a licence in an Area for such purpose, shall

only be made following a specific call by the Minister and no

applications shall be considered unless through such a call.

(2)

The Minister may impose charges as specified in the

conditions of the licence issued in accordance with sub-regulation (1)

for the construction, operation and use of any artificial islands,

installations, structures, equipment and devices in an Area.

(3)

The owner or operator of any artificial island, installation,

structure, equipment or device in an Area which has fallen into disuse

or is beyond repair shall forthwith inform the Minister thereof and

shall, if so directed by the Minister, remove such artificial island,

installation, structure, equipment or device at the sole expense of the

owner or operator and within such period of time as the Minister may

establish and in accordance with generally accepted international

standards and under such conditions which the Minister may so

establish

Provided that in the case of any installations or structures

which have not been entirely removed, the Minister shall ensure that

publicity is given by appropriate means in accordance with the

applicable national and international law regarding the depth, position

and dimensions thereof.

(4)

Where a licence has been granted by the Minister in

terms of the Act, the Minister shall ensure that notice is given by

appropriate means in accordance with the applicable national and

international law regarding the construction of any artificial islands,

installations or structures in an Area and that permanent means of

warning of their presence shall be kept in place for as long as the

artificial islands, installations or structures remain present in an Area.

(5)

Any person who contravenes any of the provisions of this

regulation shall be liable, on conviction, to a fine (multa) not

exceeding two million euro (€2,000,000) or to a term of imprisonment

not exceeding two (2) years, or to both such fine and imprisonment.

(1)

The conditions prescribed in the regulations 5 and

6 shall also apply to the deployment and use of any type of scientific

research installations, equipment or devices in an Area.

(2)

The installations or equipment or devices concerned shall

bear identification markings indicating the State of registry or the

international organisation to which they belong and shall have

adequate warning signals to ensure the safety at sea and the safety of

air navigation in accordance with the applicable national or

international law.

(1)

Dumping within an Area shall not be carried out

without a licence for such purpose granted by the Minister, and said

dumping shall be made in accordance with any requirement or

condition in any such licence.

(2)

Any person who contravenes any of the provisions of this

regulation shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) not exceeding two million euro (€2,000,000) or

to a term of imprisonment not exceeding five (5) years, or to both such

fine and imprisonment.

The Offshore Safety (Oil and Gas) Regulations shall

apply mutatis mutandis in an Area.

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The Ship-Source Pollution Regulations shall apply

Ship-Source

pollution. 

mutadis mutandis in an Area.

Any communications or payments required to be made to

Communicat-ions

or payments.

the Minister under these regulations shall be made to the competent

authority.