  MALTA MARITIME AUTHORITY [ CAP. 352.        1
CHAPTER 352
MALTA MARITIME AUTHORITY ACT
To provide for the establishment of a body corporate to be known as the Malta Maritime
Authority for the transfer to that Authority of the powers vested by law in the Director of
Ports, and for the exercise and performance by or on behalf of such Authority, of functions
relating to ports and merchant shipping in Malta; to provide for the transfer to the said
Authority of certain assets; and to make provision in respect of matters ancillary thereto or
connected therewith.
2nd August, 1991;
1st January, 1992
1st May, 1993
ACT XVII of 1991 as amended by Acts: XV and XXIV of 1995, XIV and XVI of 1997; Legal
Notice 141 of 1998; and Act XXIII of 2000.
ARRANGEMENT OF ACT
Articles
Preliminary 1-2
PART I. Constitution, Composition and Functions of the Authority  3-12
PART II.  Financial Provisions  13-20
PART III. Transfer of Certain Assets to the Authority  21-23
PART IV. Officers and Employees of the Authority 24-26
PART V. Declaration and Regulation of Ports  27-38
PART VI. Port Dues, Charges and Rates  39-53
PART VII.  Pilotage  54-64
PART VIII.  Legal Proceedings  65-67
PART IX.  Offences and Penal Provisions 68-80
PART X. Saving  81-82
SCHEDULE 
  2      CAP. 352. ]   MALTA MARITIME AUTHORITY
Preliminary
Short title.  1. The short title of this Act is the Malta Maritime Authority
Act.
Interpretation. 2. In this Act, unless the context otherwise requires -
"the Authority" means the Malta Maritime Authority established
by article 3 and includes the appropriate Executive Director as
provided in article 8(4);
"charges" means the charges that may be levied under article 39;
"contractor" means a person acting in pursuance of an agreement
entered into with the Authority in pursuance of article 8(3);
"dues" means the dues that may be levied under article 39;
"Executive Director" means an Executive Director appointed
under article 8;
"fees" means the fees that may be levied under article 39;
"financial year" means the period of twelve months ending on the
thirtieth day of September in any year:
Provided that the first financial year shall consist of the period
commencing on the date of the establishment of the Authority in
terms of this Act, and ending on the thirtieth day of September of
the following year;
"function" includes power and duty; 
"goods" includes baggage, animals (whether alive or dead) and
other movable property of any kind whatsoever;
"internal waters" includes any harbour, port, bay, cove, creek or
seashore;
"laid-up vessel" means a vessel which is in any port and which is
not regularly used in accordance with the uses proper for such type
of vessel for a period exceeding fourteen days; and for the purpose
of this definition "vessel" includes a floating dock, a floating crane,
salvage or lifting equipment, whether afloat, submerged or
mounted on any sea-craft, and a lighter, whether propelled by
mechanical means or otherwise or towed, but does not include any
boat or sea-craft, used solely for pleasure or in the fishing industry,
or any vessel which is in any port to undergo repairs:
Provided that the Authority may, for the purposes of this
definition, at its discretion, declare that a boat or sea-craft is not
being used solely for pleasure or in the fishing industry, or that a
vessel is not undergoing repairs, and any such vessel shall be
treated as a laid-up vessel;
"master", when used in relation to any ship, means the person
having command or charge of the ship for the time being, but does
not include a pilot;
"Minister" means the Minister responsible for ports and
shipping;
"mooringman" means a person licensed in terms of article 58;
  MALTA MARITIME AUTHORITY [ CAP. 352.        3
"navigational aid or services" includes any aids or service
designed to aid or guide the movement of ships, and the clearing,
deepening and improving of any port;
"officer" and "employee" in relation to the Authority includes a
public officer detailed for duty with the Authority; 
"owner" in relation to a ship includes the charterer or operator of
the ship;
"pilot" means a person licensed under article 56;
"port" means the place declared to be a port by or under article
27, and includes wherever appropriate a yachting centre unless a
separate provision is made in respect of such centre; 
"port facilities" means facilities for berthing, towing, mooring or
moving of ships within a port or the approaches thereto, or in
entering or leaving such port or approaches, for the loading and
unloading of goods, or embarking or disembarking passengers to or
from any such ship, or for the lighterage, sorting, weighing,
warehousing or handling of goods, and for the carriage of
passengers or goods in connection with such facilities;
"prescribed" means prescribed under this Act;
"public officer" has the same meaning as is assigned to it by
article 124 of the Constitution;
"rates" means the rates that may be levied under article 39;
"ship" means every description of vessel used in navigation,
whether self propelled or not, and it includes barges, oil rigs,
pontoons, seaplanes, and any other craft and similar vessels;
Cap. 226.
"territorial waters" means all parts of the open sea within twelve
nautical miles of the coast of Malta, or such other distance as may
be established under article 3 of the Territorial Waters and
Contiguous Zone Act, measured as in that Act provided, and
includes any waters enclosed between the base lines therein
mentioned and the coast;
"vehicle" means any vehicle other than a ship;
"warehouse" means any shed, building, place, wagon, ship or
vehicle when used by the Authority, or a contractor for the purpose
of warehousing or depositing goods for the purposes of this Act;
"yacht" means a registered sea going ship used solely for
pleasure and accepted as such by the Authority;
"yachting centre" means such place as is declared to be a
yachting centre by or under article 27.
PART I
Constitution, Composition and Functions of the Authority
Constitution of the 
Malta Maritime 
Authority.
3. (1) There is hereby established a body, to be known as the
"Malta Maritime Authority".
(2) The Authority shall be a body corporate having a distinct
legal personality and capable, subject only to the provisions of this
  4      CAP. 352. ]   MALTA MARITIME AUTHORITY
Act, of suing and being sued, of entering into any contract, of
acquiring, holding and disposing of any property, whether movable
or immovable, and by or under any title, and of doing any other
thing whatsoever.
Composition of the 
Authority.
4. (1) The Authority shall consist of not less than seven and
not more than eleven members, of whom one shall be the Chairman
and one other the Vice-Chairman of the Authority.
(2) The Chairman, Vice-Chairman and the other members of
the Authority shall be appointed by the Minister:
Provided that the Executive Directors shall be  ex officio
members of the Authority. 
(3) In the absence of the Chairman, or if he is unable to
perform the functions of his office, the Vice-Chairman shall
perform those functions.
(4) The members of the Authority, other than the  ex officio
members, shall hold office for such period and on such terms and
conditions as the Minister may deem appropriate; and a member
shall, on ceasing to be a member, be eligible for reappointment:
Provided that the Minister may, at any time, terminate the
appointment of any member if, in his opinion, such member is unfit
to continue in office or has become incapable of properly
performing his functions as a member of the Authority.
(5) A person shall be disqualified for appointment to, or for
remaining a member of, the Authority if he - 
( a ) is a member of the House of Representatives; or
( b ) has a financial or other interest in any enterprise or
activity which is likely to affect the discharge of his
functions as a member of the Authority:
Provided that the disqualification of a person
under this paragraph may be waived by the Minister if
the interest is declared and the declaration is published
in the Gazette.
(6) Any member of the Authority, other than an  ex officio
member, may resign his office by letter addressed to the Minister.
(7) The appointment of any person as a member of the
Authority and the termination of office or resignation of any such
person shall be notified in the Gazette.
Legal and judicial 
representation of 
the Authority.
5. The legal and judicial representation of the Authority shall
vest in the Chairman:
Provided that the Authority may appoint any one or more of
its members, or any one or more of its officers or employees, to
appear in its name and on its behalf in any judicial proceedings and
on any act, contract, instrument or other document whatsoever:
Provided further that in respect of any matter falling within
the functions delegated to an Executive Director, the legal and
judicial representation of the Authority shall also vest in such
  MALTA MARITIME AUTHORITY [ CAP. 352.        5
Director or in such other member, officer or employee of the
Authority, as the Authority may appoint or authorise for the
purpose.
Functions of the 
Authority.
Amended by:
XXIII. 2000.30.
6. (1) It shall be the function of the Authority:
( a ) to provide, maintain and operate ports in Malta, and to
provide, maintain and operate therein and in the
approaches thereto adequate and efficient services and
facilities as it may from time to time consider
necessary or advantageous for the proper, safe and
efficient functioning of such ports or as the Authority
may otherwise deem it proper to provide in the public
interest;
( b ) without prejudice to the provisions of any other law, to
exercise overall control for the preservation of good
order in the territorial and internal waters of Malta, in
any port and in the land and sea approaches to any
port, and on wharves;
( c ) to exercise overall control of all port work including
the provision of port workers for port work;
Cap. 234.
( d ) to regulate and control all matters related to merchant
shipping or provided for under the Merchant Shipping
Act or any other related legislation;
Cap. 348.
Protection Act to prevent and control pollution by oil
or any other substances of any port or the approaches
thereto;
( f ) to promote the maritime facilities of Malta; and
( g ) to advise Government on any matter relating to ports,
merchant shipping, marine pollution prevention and
control, and on any other matter relating to its
functions and duties.
(2) Subject to the provisions of this Act, it shall be the duty of
the Authority - 
( a ) to regulate and control navigation within the limits of
any port and the approaches thereto;
( b ) to provide or ensure the provision of pilotage and
moorage services to ships;
( c ) to provide or ensure the provision of the appropriate
fire-fighting services in ports;
( d ) to provide and maintain adequate and efficient
lighthouses, beacons and other lights, buoys and other
navigational aids and services at such places,
including the territorial waters of Malta, as the
Authority may deem appropriate;
( e ) to plan or provide or secure or promote the provision
of, a properly integrated, safe, economical and
efficient transport system by sea for the conveyance of
passengers and transport of goods within the internal
  6      CAP. 352. ]   MALTA MARITIME AUTHORITY
and territorial waters of Malta, and to regulate and
control the provision of services related to such
system, including the establishment of schedules and
time-tables to be adopted for such services;;
( f ) to provide or ensure the provision of port workers for
particular port work or to particular employers;
( g ) to provide and use or to ensure the provision and use
of ships, vehicles and other means for the salvage or
protection of life and property;
( h ) to provide or ensure the provision of fuel and other
necessities to ships;
( i ) to promote, develop and improve ports and any of their
facilities, including the cleaning and clearing of any
port or approaches thereto;
( j ) to promote and advance the skills of seafarers and of
persons employed in ports and in the maritime industry
and the efficiency of the equipment used therein;
( k ) without prejudice to the above, to provide or ensure
the provision of such other services and facilities as
are in the opinion of the Authority necessary for the
operation of ports;
Cap. 234.
( l ) to regulate and administer all matters and provide all
services contemplated in the Merchant Shipping Act or
in any other related legislation;
( m ) to regulate, control, develop and promote the yachting
centres; and
( n ) to carry out any duty assigned to it by this Act or any
other law.
Powers of the 
Authority.
7. (1) Without prejudice to the generality of the foregoing
provisions of this Act, but subject to the provisions of this Act, the
Authority shall have the power - 
( a ) to prohibit, control and otherwise regulate - 
(i) the use by any person of any port or of any port
facility;
(ii) the presence of any person, ship, vehicle or
goods within any port;
( b ) to load or unload any ship in any port;
( c ) to carry on such business and other activities, do all
such things and enter into all such transactions as
appear to the Authority to be necessary, convenient or
advantageous for it to carry on or perform or enter
into, for or in connection with the discharge of its
functions, or as appear to the Authority to be
incidental or conducive thereto.
(2) The Authority may cause or authorise any of its officers or
employees to board any ship in port or outside port if it considers it
necessary so to do in the discharge of any function under this Act
  MALTA MARITIME AUTHORITY [ CAP. 352.        7
or under any other law or if it considers that there are reasonable
grounds to believe that an offence against this Act, or against any
other law, or any regulation, rule or order made thereunder, has
been or is about to be committed.
(3) The Authority may cause or authorise any of its officers or
employees, together with such workmen as may be necessary to -
( a ) enter on any land or building for the purpose of
erecting or maintaining any lighthouse or beacon or
other navigational aid for ships, or of examining,
repairing, altering or removing any such lighthouse,
beacon or other aid, and there remain for such
reasonable time as may be necessary for such purpose;
( b ) erect and maintain lighthouses, or other aids as
aforesaid upon or in any land, building, wharf, pier, or
the shore or bed of the sea and alter or remove any
such lighthouse, beacon or other aid: 
Provided that - 
(i) the Authority shall as far as practicable give
notice to the occupier of any land or building
upon which it is intended to enter in exercise of
the powers conferred by this subarticle; and
(ii) the Authority in the exercise of the said powers
shall do as little damage as is practicable in the
circumstances and shall pay compensation for
any damage done and for the creation or
requisition of any rights over property.
(4) Subject to any regulations made under this Act, the
Authority shall further have power - 
( a ) to direct where any ship shall be berthed, moored or
anchored in any port and the method of anchoring
within the port; 
( b ) to remove or order the removal of any ship from one
berth, station or anchorage to another in a port, and the
time within which such removal is to be effected;
( c ) to regulate the movement of ships within or between
ports, or within the approaches to a port or within
territorial waters.
(5) Where any damage is done to any works, plant or
machinery in any port or to any other property of the Authority by a
ship or by any person engaged on any work on or about a ship, the
Authority may restrain such ship and shall thereupon notify the
master, owner or agent of such ship, or the agent or representative
of such owner, to provide within the time specified in the notice,
sufficient security for the payment of the damages so caused, and
the ship shall not be released until the security is given.
Executive 
Directors and 
delegation of 
functions.
8. (1) The Authority shall appoint not more than four
Executive Directors, of whom one shall be responsible for
merchant shipping, one for ports, and one other for yachting
centres, and delegate to them, subject to its overall supervision and
  8      CAP. 352. ]   MALTA MARITIME AUTHORITY
control, such of its functions as relate to the matters for which they
are responsible, any such other matters as the Authority may deem
appropriate, as will enable the said Directors to give effect to the
policies of the Authority and to otherwise discharge effectively and
efficiently the functions of the Authority in their respective areas of
operation:
Provided that the first Executive Directors shall be appointed
by the Minister.
(2) Each of the Executive Directors shall be a public officer
detailed for duty with the Authority or a permanent employee of the
Authority, in either case having adequate knowledge of merchant
shipping or in the operation of ports or of yachting centres, as the
case may require.
(3) All functions delegated under this article shall be published
in the Gazette. The Authority and each of the Executive Directors
may exercise any one or more of their functions either directly or
through any of the officers or employees of the Authority
authorised for the purpose, or through a contractor or other person
with whom an agreement for the performance of any one or more of
such functions has been entered into.
(4) Where in this Act anything is to be done by or against or
with respect to the Authority, or any notice is to be or may be given
to the Authority, any such thing or notice may also be done by or
against or with respect to or be given to the Executive Director
under whose jurisdiction the matter falls by reason of a delegation
of functions to such Director; and for the purposes aforesaid any
reference in this Act to the Authority includes a reference to the
appropriate Executive Director.
Proceedings of the 
Authority.
9. (1) The meetings of the Authority shall be called by the
Chairman, either on his own initiative or at the request of any two
of the other members.
(2) Half the number of members for the time being constituting
the Authority shall form a quorum. Decisions shall be adopted at a
meeting at which a quorum is present by a simple majority of the
members present and voting. The Chairman, or other person
chairing the meeting, shall have an initial vote and, in the event of
an equality of votes, a casting vote.
(3) Any member who has a direct or indirect interest in any
contract made or proposed to be made by the Authority, not being
an interest which disqualifies such member from remaining a
member, shall disclose the nature of his interest at the first meeting
of the Authority after the relevant facts have come to his
knowledge. Such disclosure shall be recorded in the minutes of the
meeting, and such member shall withdraw from any meeting while
such contract is discussed or decided by the Authority.
(4) Subject to the provisions of this Act and to such procedures
as may be prescribed, the Authority may regulate its own
proceedings.
(5) All acts done by any person acting in good faith as a
  MALTA MARITIME AUTHORITY [ CAP. 352.        9
member of the Authority shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualification may subsequently be discovered.
(6) Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairman on its behalf
shall be received in evidence and shall, until the contrary is proved,
be deemed to be an instrument made or issued by the Authority.
Relations between 
the Minister and 
the Authority.
10. (1) In the exercise of the functions of the Authority, the
Authority and the Executive Directors shall - 
( a ) give effect, as soon as practicable, to any direction
which the Minister may, after consultation with the
Authority, give to the Authority under his hand in
relation to any matter that appears to him to affect the
public interest on the policy to be followed by the
Authority or any action to be taken in the discharge of
its functions;
( b ) afford to the Minister facilities for obtaining
information with respect to the property and activity of
the Authority and shall furnish him with returns,
accounts and other information with respect thereto
and afford him facilities for the verification of any
information furnished, in such manner and at such
times as the Minister may reasonably require.
(2) If the Authority fails to comply with any directives issued
under this article, the Prime Minister may make an order
transferring to the Minister in whole or in part any of the functions
of the Authority.
Exemption.
Substituted by: 
XV.1995.9.
11. The Authority shall be exempt from any liability for
payment of any tax, other than customs or excise duties, or tax on
income or duty on documents for the time being in force in Malta.
Ports 
Users’Advisory 
Committee.
12. (1) There shall be a Ports Users’Advisory Committee to
advise and make recommendations to the Minister and the
Authority on the improvements of the services, facilities and
operations of the ports.
(2) The Committee shall consist of a chairman and such
number of persons from among the bodies or organisations
representing users of ports, as the Minister may from time to time
appoint.
(3) At any meeting of the Committee the Chairman and half the
number of members forming the Committee shall form a quorum. 
(4) The Committee shall meet at least three times a year at such
time and place as the Chairman may appoint.
(5) Subject to the provisions of this article, the Committee may
regulate its own procedure.
  10      CAP. 352. ]   MALTA MARITIME AUTHORITY
PART II 
Financial Provisions
Authority to meet 
expenditure out of 
revenue.
13. (1) The Authority shall be endowed with an initial capital
of three hundred and fifty thousand liri, which shall be paid by
Government out of the Consolidated Fund, without further
appropriation other than this Act, by warrant under the hand of the
Minister responsible for finance authorising the Accountant
General to make the payment.
(2) The Authority shall also be paid by Government out of the
Consolidated Fund such sums as Parliament may from time to time
authorise to be appropriated and paid out of such Fund to meet the
costs of specific works to be continued, completed or otherwise
carried out by the Authority, being works of infrastructure or a
similar capital nature.
(3) Without prejudice to the foregoing provisions of this
article, the Authority shall so conduct its affairs that the
expenditure required for the proper performance of its functions
shall, as far as practicable, be met out of its revenue.
Cap.234.
(4) The Authority shall levy all port, and other dues and taxes
and all fees, rates and other payments prescribed or deemed to be
prescribed by or under this Act or the Merchant Shipping Act or
any other law related to the powers and functions of the Authority.
(5) Any excess of revenue over expenditure shall, subject to
such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by
the Authority to the formation of reserve funds to be used for the
purposes of the Authority; and without prejudice to the generality
of the powers given to the Minister by this subarticle, any direction
given by the Minister as aforesaid may order the transfer to the
Government, or the application in such manner as may be specified
in the direction, of any part of such taxes.
(6) Any funds of the Authority not immediately required to
meet expenditure may be invested in such manner as may from time
to time be approved by the Minister.
Power to borrow 
capital.
14. (1) The Authority may, with the approval in writing of the
Minister given after consultation with the Minister responsible for
finance, borrow or raise money, in such manner, from such person,
body or authority, under such terms and conditions and against
such security as it may deem appropriate, for any one or more of
the following purposes:
( a ) the provision of working capital;
( b ) the carrying out of functions of the Authority under
this Act;
( c ) the provisions of capital for the expansion of, or
addition to, the fixed assets of the Authority;
( d ) the redemption of any debentures, debenture stock or
other security that the Authority may require or is
required to redeem;
  MALTA MARITIME AUTHORITY [ CAP. 352.        11
( e ) any other expenditure properly chargeable to capital
account.
(2) The Authority may also, from time to time, borrow, by way
of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of fifty thousand liri,
there shall be required the approval of the Minister in writing.
Borrowing from 
the Government.
15. (1) Whenever it may be necessary for the Authority to
borrow by way of advances from the Government any sums
required by it to carry out any of its functions under this Act, the
Minister responsible for finance may, after consultation with the
Minister, by warrant under his hand and without further
appropriation other than this Act, authorise the Accountant General
to make advances to the Authority either out of the proceeds of any
loan contracted or raised for the purposes or out of the
Consolidated Fund; and such advances shall be made on such terms
and conditions as the Minister responsible for finance may direct.
(2) The Minister responsible for finance may, for any
requirements of the Authority of a capital nature, contract or raise
loans, or incur liabilities, for such periods and on such terms and
conditions as he may deem appropriate; and any sums due in
respect of or in connection with any such loan or liability shall be a
charge on the Consolidated Fund.
(3) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable.
(4) Pending the raising of any such loan as is mentioned in
subarticle (2), or for the purpose of providing the Authority with
working capital, the Minister responsible for finance may, by
warrant under his hand, and without further appropriation other
than this Act, authorise the Accountant General to make advances
to the Authority out of the Treasury Clearance Fund under such
terms as may be specified by the Minister upon the making thereof.
(5) The proceeds of any loan raised for the purposes of making
advances to the Authority, and any other moneys to be advanced to
the Authority under this article, shall be paid into a fund which
shall be specially established for the purpose and which shall be
known as the "Maritime Authority Loan Fund".
(6) Sums received by the Accountant General from the
Authority in respect of advances made to the Authority under
subarticle (1) shall be paid into the "Maritime Authority Loan
Fund".
(7) Sums received by the Accountant General from the
Authority in respect of advances made to the Authority under
subarticle (4) shall be paid, as respects amounts received by way of
repayment into the Treasury Clearance Fund and, as respect of
amount received by way of interest in the Consolidated Fund.
Contracts of supply 
or works.
16. Except with the approval of the Minister granted for
special reasons, the Authority shall not enter into any contract for
  12      CAP. 352. ]   MALTA MARITIME AUTHORITY
the supply of goods or materials or for the execution of work or for
the rendering of services to or for the benefit of the Authority,
which is estimated by the Authority to involve an expenditure
exceeding ten thousand liri, except after notice of the intention of
the Authority to enter into such contract has been published and
competitive tenders have been issued.
Estimates of the 
Authority.
17. (1) The Authority shall cause to be prepared in every
financial year, and shall not later than four weeks after the end of
each such year adopt, estimates of the income and expenditure of
the Authority for the next following financial year, distinguishing,
in particular, between merchant shipping, ports and yachting
centres.
(2) The estimates shall be made in such form and shall contain
such information and such comparisons with previous estimates as
the Minister may direct.
(3) A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith to the Minister.
(4) The Minister shall, at the earliest opportunity and not later
than four weeks after he has received a copy of the estimates of the
Authority, or, if at any time during that period the House of
Representatives is not in session, within four weeks from the
beginning of the next following session, cause such estimates to be
laid before the House, together with a motion that the House
approve the said estimates. One sitting shall be allotted for the
debate in the House on such motion; and both the motion and the
approval of the estimates by the House may be with or without
amendments to the estimates.
(5) No expenditure shall be incurred by the Authority that has
not been approved by the House of Representatives: 
Provided that - 
( a ) until the expiration of six months from the beginning
of a financial year, or until the approval by the
Minister of the estimates for that year, whichever is
the earlier date, the Authority may make or incur
expenditure for carrying out its functions under this
Act not exceeding in the aggregate one half of the
amount approved for the preceding financial year;
( b ) expenditure approved in respect of a head or subhead
of the estimates may, with the approval of the
Minister, be incurred in respect of another head or
subhead of the estimates;
( c ) if in respect of any financial year it is found that the
amount approved by the House is not sufficient, or a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Authority may adopt
supplementary estimates for approval by the House
and, pending such approval, but subject to its being
given, the Authority may in special circumstances and
with the approval of the Minister, incur the relative
expenditure; and the provisions of this Act applicable
  MALTA MARITIME AUTHORITY [ CAP. 352.        13
to the estimates shall, as near as possible, apply to the
supplementary estimates:
Provided further that in respect of the first financial year of
the Authority this article shall apply as if it required the Authority
to adopt estimates for that year not later than twenty weeks from
the coming into force of this article and as if the total expenditure
that may be made or incurred by the Authority until the approval of
the estimates for that year by the House may not exceed one-half of
the amount shown in such estimates.
(6) All estimates and supplementary estimates approved by the
House of Representatives shall, as soon as practicable, be published
in the Gazette.
Accounts and 
audit.
Amended by:
XVI. 1997.8.
18. (1) The Authority shall cause to be kept proper books of
accounts and other records in respect of its operation and shall
cause to be prepared a statement of accounts in respect of each
financial year.
(2) The accounts of the Authority shall be audited by an auditor
or auditors to be appointed by it and approved by the Minister:
Provided that the Minister responsible for finance may
require the books and other records of the Authority to be audited
or examined by the Auditor General who shall for this purpose have
power to carry out such physical checking and other verifications,
and may require such information, as he may deem necessary.
(3) After the end of each financial year, at the same time as a
copy of the estimates of the Authority is forwarded to the Minister
under article 17, the Authority shall cause a copy of the statement
of accounts duly audited to be transmitted to the Minister together
with a copy of any report made by the auditor or auditors on that
statement or on the accounts of the Authority.
(4) The Minister shall cause a copy of every such statement and
report to be laid before the House of Representatives together with
the motion laid before the House under the said article 17.
Cash deposits, and 
payments.
19. (1) All money of the Authority shall be paid into a bank or
banks appointed by it with the approval of the Minister. Such
moneys shall, as far as practicable, be paid into the bank from day
to day, except such sum as the Authority may require to retain to
meet petty disbursement and immediate payments.
(2) All payments out of the funds of the Authority, except petty
disbursements not exceeding a sum to be fixed by the Authority,
shall be made by such officer or officers of the Authority as it shall
appoint or designate for the purpose.
(3) Cheques against or withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as it
may designate for that purpose and shall be countersigned by the
Chairman or such other member of the Authority or other officer
thereof as may have been authorised by the Authority.
(4) The Authority shall also make provisions for - 
  14      CAP. 352. ]   MALTA MARITIME AUTHORITY
( a ) the manner in which and the officers by whom
payments are to be approved;
( b ) the title of any account held with the bank or banks
into which the moneys of the Authority are to be paid,
and the transfer of funds from one account to another;
( c ) the method to be adopted in making payments out of
the funds of the Authority;
( d ) generally all matters necessary for the proper keeping
and control of the accounts, books and other records
and the control of the finances of the Authority.
Annual report. 20. (1) The Authority shall, not later than six weeks after the
end of each financial year, make and transmit to the Minister, and
to the Minister responsible for finance, a report on its activities
during that year, distinguishing, in particular, between merchant
shipping, ports and yachting centres, and containing such
information relating to the proceedings of the Authority as the
Minister may from time to time require, including any directives
given by the Minister.
(2) The Minister shall cause a copy of every such report to be
laid on the Table of the House of Representatives as soon as
practicable. 
PART III
Transfer of Certain Assets to the Authority
Transfer of assets 
to the Authority.
21. (1) The property and undertakings owned by the
Government and used by it for the operation of any port
immediately before the date of the coming into force of this Part of
this Act shall, on the date aforesaid, by virtue of this Act and
without further assurance, be transferred to and vest in the
Authority under the same title by which they were held by the
Government immediately before the said date.
(2) The transfer and vesting aforesaid shall extend to the whole
of such property and undertakings and, without prejudice to the
generality of the aforesaid, shall include all plant, cargo handling
equipment, mechanical or otherwise, and other equipment, all
apparata, instruments, vehicles, ships, craft, wharves, quays, piers,
jetties, buildings, structures, installations, land, works, stocks and
other property, movable or immovable, assets, powers, rights and
privileges and all things necessary or ancillary thereto which are
held or enjoyed in connection therewith or appertaining thereto, as
well as all obligations affecting or relating to any of the aforesaid
property or undertakings or other thing included therein as
aforesaid:
Provided that, in respect of wharves, quays, piers and jetties,
the transfer and vesting aforesaid shall not extend to the ownership
thereof but shall be limited to their use, administration and
operation including any benefit deriving from such use,
administration and operation, subject to the obligation of the
Authority to maintain and keep all such property, and at all times,
  MALTA MARITIME AUTHORITY [ CAP. 352.        15
in good order and condition, and for the purposes of articles 22 and
23 such property shall be deemed to be included in the properties
transferred to the Authority by or under this Act.
Construction of 
laws, contracts, 
etc., relating to 
transferred assets.
22. Subject to the provisions of this Act, all laws, rules,
regulations, orders, judgments, decrees, awards, deeds, bonds,
contracts, agreements, instruments, documents, warrants and other
arrangements, subsisting immediately before the date of the coming
into force of this Part of this Act affecting or relating to any of the
properties or undertakings transferred to the Authority by or under
this Act shall have full force and effect against or in favour of the
Authority, and shall be enforceable fully and effectually, as if
instead of the Government or governmental authority the Authority
has been named therein or had been a party thereto, and otherwise
in substitution of the Government or governmental authority.
Transitory 
provisions.
23. (1) Where anything has been commenced by or under the
authority of the Government prior to the date of the coming into
force of this Part of this Act and such thing relates to any of the
properties or undertakings or any right or liability transferred to the
Authority by or under this Act, such thing may be carried on and
completed by or as authorised by the Authority.
(2) Where immediately before the coming into force of this
Part of this Act, any legal proceedings are pending to which the
Government is or is entitled to be a party, and such proceedings are
related to any of the properties or undertakings, or any right or
liability transferred by or under this Act, the Authority shall, as
from the date aforesaid, be substituted in such proceedings for the
Government, or shall be made a party thereto in like manner as the
Government could have become, and such proceedings shall not
abate by reason of the substitution.
(3) The Minister may by order make such incidental,
consequential and supplemental provisions as he may deem
necessary or expedient for the purpose of determining, as
appropriate, the assets transferred to the Authority by this Act and
of securing and giving full effect to the transfer of any property or
undertaking or any right or liability to the Authority by this Act and
make such orders as may be necessary to make any powers and
duties exercisable by the Government in relation to any of the
transferred property or undertakings exercisable by or on behalf of
the Authority.
PART IV
Officers and Employees of the Authority
Appointment of 
officers and 
employees of the 
Authority.
24. (1) Subject to the provisions of this Act, the Authority
shall from time to time appoint and employ such officers and
employees, for such remuneration and on such terms and
conditions, as it may deem appropriate, for the due and efficient
discharge of its functions.
  16      CAP. 352. ]   MALTA MARITIME AUTHORITY
Cap. 9.
(2) The members of the Authority, the Executive Directors and
the members of the Port Users’ Advisory Committee, and all other
officers and other employees of the Authority shall be deemed to be
public officers only for the purposes of the Criminal Code and any
other law or provision of law of a penal character.
Detailing of public 
officers for duty 
with Authority.
25. (1) The Prime Minister may, at the request of the
Authority, from time to time direct that any public officer shall be
detailed for duty with the Authority in such capacity and with
effect from such date as may be specified in the direction.
(2) The period during which a direction as aforesaid shall apply
to any officer specified therein shall, unless the officer retires from
the public service, or otherwise ceases to hold office at an earlier
date, or a different date is specified in the direction, end on the
happening of any of the following events, that is to say - 
( a ) the acceptance by such officer of an offer of transfer to
the service of, and permanent employment with, the
Authority made in pursuance of article 26; or
( b ) the revocation by the Prime Minister of any direction
made by him under this article in relation to such
officer.
(3) Where a direction as aforesaid is revoked by the Prime
Minister in relation to any officer, the Prime Minister may, by
further direction, detail such officer for duty with the Authority in
such capacity and with effect from such date as may be specified in
the further direction, and the provisions of subarticle (2) shall
thereupon apply to the period of duration of such further direction
in relation to such officer.
(4) When a public officer is detailed for duty with the
Authority under any of the provisions of this article, such officer
shall, during the time the direction has effect in relation to him, be
under the administrative authority and control of the Authority, but
he shall for other intents and purposes remain, and be considered
and treated as, a public officer.
(5) Without prejudice to the generality of the foregoing, a
public officer detailed for duty as aforesaid - 
( a ) shall not during the time while such officer is so
detailed - 
(i) be precluded from applying for a transfer to a
department of the Government in accordance
with the terms and conditions of service attached
to the appointment under the Government held
by him at the date on which he was detailed for
duty; or
(ii) be so employed that his remuneration and
conditions of service are less favourable than
those which are attached to the appointment
under the Government held by him at the date he
was detailed for duty as aforesaid or which
would have become attached to such
  MALTA MARITIME AUTHORITY [ CAP. 352.        17
appointment, during the said period, had such
officer not been detailed for duty with the
Authority; and
Cap. 93. 
Cap. 58.
( b ) shall be entitled to have his service with the Authority
considered as service with the Government for the
purpose of any pension, gratuity or benefit under the
Pensions Ordinance and the Widows’ and Orphans’
Pensions Act, and of any other right or privilege to
which he would be entitled, and shall be liable to any
liability to which he would be liable, but for the fact
that he is detailed for duty with the Authority.
(6) Where an application is made as provided in subarticle
(5)( a )(i), the same consideration shall be given thereto as if the
applicant had not been detailed for duty with the Authority.
(7) The Authority shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer detailed for duty with the
Authority as aforesaid during the period in which he is so detailed.
Offer of permanent 
employment to 
public officers.
26. (1) The Authority may, with the approval of the Prime
Minister, offer to any public officer detailed for duty with the
Authority under article 25 permanent employment with the
Authority at a remuneration and on terms and conditions specified
in the offer.
(2) Every officer who accepts permanent employment with the
Authority offered to him under this article shall, for all purposes be
deemed to have ceased to be in the service of the Government and
to have entered into service with the Authority on the date of his
acceptance.
PART V
Declaration and Regulation of Ports
Declaration of 
ports.
27. (1) The Minister may, after consultation with the
Authority, by order *  - 
( a ) declare any place together with any land area in Malta
to be a port, or a yachting centre, within the meaning
of this Act;
( b ) establish the limits of any place declared to be a port,
or yachting centre in accordance with paragraph ( a ) of
this subarticle;
( c ) declare any navigable water or land area to be an
approach to a port or yachting centre, within the
meaning of this Act.
(2) Without prejudice to the other provisions of this article the
places specified in Part I and II of the Schedule to this Act are
hereby declared to be ports; and the places specified in Part IV of
* See  Legal Notice 14 of 1998.
  18      CAP. 352. ]   MALTA MARITIME AUTHORITY
the said Schedule are hereby declared to be yachting centres.
(3) Without prejudice to his powers of revoking, varying or
substituting any order made under this article, the Minister may
also, after consultation with the Authority, by order revoke, vary or
substitute the Schedule to this Act.
Power to make 
regulations.
Amended by:
XXIII. 2000.30.
28. (1) The Minister may, after consultation with the
Authority, make regulations for the maintenance, control and
management of the territorial and inland waters of Malta, for the
conveyance of passengers and transport of goods by sea, any port
and the land and sea approaches to any port and for the
maintenance of good order therein and may make separate and
different regulations for the territorial and inland waters of Malta,
for ports and yachting centres and for ships and yachts; and in
particular, but without prejudice to the generality of the foregoing,
may make regulations for all or any one or more of the following
purposes: 
( a ) for the preservation of good order in any part of the
territorial and inland waters of Malta, in any port and
the land and the sea approaches to any port, and on
wharves, and for any other purpose in respect thereof;
( b ) regulating traffic within the limits of a port or the land
and sea approaches thereto;
( c ) regulating the use of berths, stations and anchorages to
be occupied by ships and the removal of ships from
one berth, station or anchorage to another, and the time
within which such removal is to be effected;
( d ) regulating ships while taking in or discharging crews,
passengers, cargo or ballast, as the case may be, or
while taking in fuel or stores;
( e ) keeping free passages of such width as is deemed
necessary, within any port and along, on or near to
piers, jetties, landing places, wharves, quays, docks,
moorings and similar works in or adjoining the same
or similar places, and for marking out the places so to
be kept free;
( f ) regulating, controlling, and prohibiting the presence of
any person in any place or building in a port or the use
by any person of any such place or building;
( g ) regulating the anchoring, fastening, mooring and
unmooring and warping of ships and the use of warps,
mooring, buoys, anchors, chains and other mooring in
any port;
( h ) regulating traffic, preventing obstruction and keeping
order on any areas, piers, jetties, landing places,
wharves, quays and docks in a port or its land and sea
approaches and for ensuring the safety of any of the
places and works aforesaid;
( i ) regulating the use of fires and lights and the signals to
be used by day and by night and the measures to be
  MALTA MARITIME AUTHORITY [ CAP. 352.        19
taken in case of fire in a port;
( j ) regulating the use of navigation lights or signal lights
by ships, the use of flags and signals by ships arriving
at, lying in or departing from a port and the use by
ships of steam whistles, steam sirens and other like
instruments;
( k ) prohibiting chipping, scaling, engine runs and repairs
on ships, as the case may be, except at such
anchorages or places as the Authority may appoint;
( l ) regulating the floating of any object in any port or the
approaches to a port and the casting or depositing of
any dead body, ballast, rubbish or other thing into the
territorial and inland waters of Malta, or into any port
or the approaches thereto;
( m ) defining dangerous, hazardous, inflammable,
explosive or offensive goods, regulating the
movements and berthing of ships carrying such goods
and prescribing the duties of masters of any such ship
and of persons engaged in or supervising the loading,
unloading, landing and transport of any such goods;
( n ) the prevention, removal and marking of any
obstruction in any port and the approaches thereto and
the prevention and control of pollution by oil and other
substances, or in any other way, of any port and the
approaches thereto;
( o ) regulating the placing and maintaining of moorings
and buoys in any port;
( p ) the taking of measures for preventing ships from
leaving any port if over-loaded, improperly loaded,
improperly found, or if otherwise unseaworthy, subject
to any provisions of any law relating to merchant
shipping;
( q ) the protection of ships, passengers and cargo, and the
removal of ships and their cargoes and appurtenances
which obstruct or are likely to obstruct any port, the
reimbursement of expenses in connection therewith,
and the levy and recovery of a rent for permitting a
hulk or wreck or wreckage to lie in any port or the
approaches thereto;
( r ) regulating, declaring and defining the wharves, quays,
docks, piers and places in the ports, from or on which
persons shall be embarked or disembarked and goods
loaded or unloaded;
( s ) regulating the manner in which and the conditions
under which the loading and unloading of ships, and
the lighterage, handling and warehousing of goods,
including the delivery of goods from a warehouse,
shall be carried out;
( t ) regulating the use of warehouses, wharves, quays,
docks, piers and other places in ports on or from which
  20      CAP. 352. ]   MALTA MARITIME AUTHORITY
goods are loaded or unloaded and the conduct of
persons taking part in the loading or unloading of
goods on or from a ship in any port;
( u ) making provision for the discipline of the employees
of the Authority or of the contractor, whether regular
or casual, and the procedures to be followed for such
purpose, including the appointment of a disciplinary
board and the conduct and procedure thereof, and
providing for the punishments that may be awarded by
such board;
( v ) requiring and regulating the issue of a licence to a
person to be a ship agent, the conditions under which
such licence is issued and the levying of a fee for the
issue of such licence, and otherwise regulating and
controlling the activities of ship agents and persons
representing owners of ships in so far as such activities
relate to ships which may be or have been in a port;
( w ) regulating the manner in which ships left idle in a port
in excess of such time as may be allowed by the
Authority or practically or wholly unattended or
insufficiently manned may be dealt with or disposed
of;
( x ) regulating any of the following:
(i) the disposal of perishable or unclaimed goods
found in any port;
(ii) the prohibition of smoking in any part of any
port or approaches thereto;
(iii) the sale of goods in any part of any port;
( y ) regulating matters concerning porters, carriers and
other labourers to be employed within the precincts of
a port, the issue of licences for the performance of
such occupation and any matter concerning the
discipline of such personnel:
Provided that the service of luggage porters shall
be subject to the supervision and control of the
Authority:
Provided further that no responsibility shall attach
to the Government or to the Authority for any loss or
damage caused during the embarking, disembarking or
transhipment of any luggage by any licensed luggage
porter;
( z ) providing for the grant, renewal, cancellation and
suspension of licences in relation to ships used for the
conveyance of passengers and transport of goods by
sea;
( aa ) providing for the establishment and regulation of fares
that may be charged for the conveyance of passengers
and transport of goods by sea;
  MALTA MARITIME AUTHORITY [ CAP. 352.        21
Cap. 234.
( bb ) without prejudice to the requirements under the
Merchant Shipping Act, providing for additional
requirements in relation to the regulation and licensing
of drivers of ships engaged in the conveyance of
passengers and transport of goods and other persons
employed in the operation of such ships;
( cc ) prescribing anything that may or is to be prescribed
under this Act or which relates to any function or duty
of the Authority assigned to it by or under this Act or
by or under any other law.
(2) Any person who contravenes or fails to comply with any of
the provisions of any of the regulations made or deemed to be made
under this article shall be guilty of an offence and shall be liable,
on conviction, to the payment of a fine ( multa ) not exceeding four
thousand liri or to imprisonment for a term not exceeding six
months, or to both such fine and imprisonment, and in the case of a
continuing offence to the payment of an additional fine of not more
than five hundred liri for each day during which the offence
continues.
Registration and 
licensing of boats 
and ships with and 
by the Authority.
Amended by:
XXIII. 2000.30.
Cap. 234.
29. (1) No boat or ship shall be used in the territorial or inland
waters of Malta unless such boat or ship is registered with the
Authority in a Small Ships Register established in terms of
regulations made under this article, or unless such boat or ship is
registered under the Merchant Shipping Act, or unless such boat or
ship is registered or documented to the satisfaction of the Authority
under the law of any country other than Malta.
(2) No boat or ship shall be used for or in connection with any
trade, business or calling in the territorial and inland waters of
Malta - 
( a ) unless such boat or ship is duly licensed by the
Authority for that specific trade, business or calling; or
( b ) Deleted by XXIII. 2000.30.
( c ) unless, when such boat or ship is being used as a
fishing vessel, it is licensed for such purpose by the
Minister responsible for fisheries.
(3) The Minister may make regulations:
( a ) regulating the mode of registration of any boat or ship
in a Small Ships Register mentioned in subarticle (1);
( b ) prescribing the requirements that have to be satisfied
for such registration, including its renewal and
termination;
( c ) prescribing without prejudice to the generality of this
subarticle, the fees payable upon such registration and
for any service in respect thereof;
( d ) prescribing the requirements for the use of any boat or
ship in the territorial and inland waters of Malta, and
for the use of any boat or ship registered in the Small
Ships Register provided for in this article; and
  22      CAP. 352. ]   MALTA MARITIME AUTHORITY
( e ) regulating the use of any boat or ship in the territorial
and inland waters of Malta;
( f ) regulating -
(i) the services that are to be provided in a ship or
boat licensed to be used in any trade, business or
calling; and
(ii) the services that may or may not be provided
under any licence as aforesaid;
( g ) regulating the licensing of any trade business or
calling involving the use of boats or ships referred to
in subsection (2).
Information to be 
supplied on arrival 
of ship.
30. The master of any ship arriving at Malta from any place
beyond the seas shall produce to the Authority - 
( a ) the ship’s register and the ship’s papers; 
( b ) the manifest in duplicate of all cargo to be unshipped
at Malta;
and shall also supply to the Authority such other information in
relation to the ship and to the passengers, animals and cargo thereof
as may be prescribed, and any information of a similar kind as the
Authority in its discretion may require.
Information to be 
given before 
proceeding 
outwards.
31. (1) Before applying for outward clearance from a port in
accordance with the provisions of this Act and of any other law in
force from time to time, the master of a ship shall produce to the
Authority - 
( a ) a statement containing the number of passengers
embarked in Malta;
( b ) an account in writing of the kinds, quantities, weights
and measurement of cargo landed or loaded in Malta;
and shall also supply to the Authority such other information
relating to the ship and to the passengers, animals and cargo
thereof, as may be prescribed or as the Authority in its discretion
may require:
Provided that the master of a ship may be exempt from such
duties where the owner or agent, or the representative of the owner
of the ship guarantees to the satisfaction of the Authority that he
will discharge such duties in lieu of such master within such time
and under such conditions as may be prescribed or as the Authority
may determine.
(2) The particulars required under subarticle (1) shall be
produced or supplied in such form, in such number of copies and
within such time as may be prescribed or as the Authority may
require.
Information in 
respect of goods 
presented for 
shipment or 
warehousing.
32. (1) Any person presenting goods to the Authority or to a
contractor for shipment or warehousing, or claiming the delivery of
goods from a warehouse shall supply such information in relation
to the goods as may be prescribed or as the Authority or the
contractor may require.
  MALTA MARITIME AUTHORITY [ CAP. 352.        23
(2) The particulars required under subarticle (1) shall be
produced or supplied in such form and within such time as may be
prescribed or as the Authority or the contractor may determine.
(3) Where the production of documents for the withdrawal of
goods from warehouse is prescribed under this Act for the purposes
of this article, the Authority or the contractor shall be relieved of
all responsibility in respect of the delivery of the goods if the
Authority or the contractor delivers the goods to which the
documents relate to the person presenting such documents.
Ship in port to be 
properly manned.
33. The master and the agents of a ship shall be responsible to
ensure that the ship is at all times while she is in port properly
manned as required by the Authority:
Provided that the Authority may, in writing and under such
conditions as it may deem appropriate, allow a ship in port to be
manned by a reduced crew.
Laying-up of ship. 
such ship or retain unduly a ship in a port except with the prior
written permission of the Authority.
(2) In granting such permission the Authority may make such
conditions as it may deem appropriate and in particular may specify
the time during which such ship be so laid up.
(3) Upon the expiry of such time, or on any contravention or
non-compliance with any such condition as aforesaid, the
permission granted by the Authority shall lapse, subject to the
Authority renewing any such permission.
(4) The Authority may, upon giving not less than three days’
notice cancel any permission granted under this article.
Laid-up ship.
Amended by: 
XXIV.1995.362.
35. (1) The Authority may direct any ship laid up in a port in
Malta without permission to leave such port within such time as it
may establish.
(2) It shall be the responsibility of the master, owner or agent
of the ship, to comply with any direction given as aforesaid. 
(3) Notwithstanding any other provision of law, a laid-up ship
in any port in Malta shall, after being directed to leave, be liable to
be sold as provided in this article.
(4) Upon fourteen days’ notice to the master of the ship, the
Authority may apply to the Civil Court, First Hall, for an order that
the ship be sold judicially; and the judicial sale shall be held within
forty-five days from the date on which the order of the court is
made.
Security to cover 
dues, rates, etc.
36. The master, owner or agent of a ship, may severally, or
jointly and severally, be required to produce such security to cover
dues, rates, charges, fees or expenses due to the Authority in
respect of such ship to such amount as the Authority may require.
  24      CAP. 352. ]   MALTA MARITIME AUTHORITY
Powers of 
Authority 
exercisable 
notwithstanding 
warrant.
37. The powers conferred by this Act on the Authority in
respect of laid-up ships may be exercised by the Authority
notwithstanding any warrant issued by any court in respect of the
ship over which those powers are exercised, so however that where
a warrant is issued in respect of that ship, such powers may only be
exercised if the Minister declares that such exercise is necessary in
the national interest; and such declaration by the Minister may not
be challenged in any court.
Agent may not 
relinquish agency.
38. A ship agent, who has performed any act in respect of the
ship required to be performed by any of the provisions of this Act
or who has incurred or has made any payment or entered into any
liability in respect of a ship in any port, shall for the purposes of
this Act be deemed to be the agent of the ship, during the time such
ship remains in Malta.
PART VI
Port Dues, Charges and Rates
 Levy of dues, etc. 39. (1) The Authority shall levy the dues, rates, charges and
fees which may from time to time be prescribed under article 52.
(2) The following persons shall be liable for the payment of
any dues, charges or fees levied under this Act:
( a ) the master or owner of the ship;
( b ) the agent of the ship, who shall have paid or made
himself liable to pay any charge on account of such
ship.
(3) Where any dues, charges or fees levied under this article are
paid by the agent or representative made liable for payment by
subarticle (2)( b ), such agent or representative may retain out of any
moneys in his hands received on account of the ship, or the owner
thereof, the amount paid by him together with any reasonable
expense he may have incurred by reason of such payment or
liability.
Lien or privilege in 
respect of rates.
40. (1) For the amount of all rates leviable under this Act in
respect of any goods, the Authority shall have a lien or privilege on
such goods and shall be entitled to seize and detain the same until
such rates are paid in full.
(2) Rates in respect of goods to be landed shall become payable
immediately on the landing of such goods.
(3) Rates in respect of goods to be removed from warehouses,
or to be shipped by sea, shall be payable before such goods are
removed or loaded, as the case may be:
Provided that for the purpose of preventing delay, the
Authority may allow goods to be placed on a ship before such rates
are paid, and in such cases the Authority shall retain the ship’s
receipts as security for the payment of such rates.
(4) The lien or privilege for such rates shall have priority over
all other privileges and hypothecs on the goods and a claim in
respect of such rates shall be paid in preference to all other claims,
  MALTA MARITIME AUTHORITY [ CAP. 352.        25
whether privileged or hypothecary, on such goods notwithstanding
any other provision of law to the contrary.
Lien for freight and 
other charges.
Cap. 37.
41. (1) If the master or owner of a ship or an agent or
representative of any such person, or the person by whom the goods
are landed, gives reasonable notice in writing to the Authority that
any goods that are about to be landed or have been landed at any
warehouse are subject to a lien or privilege for freight, general
average, or charges to an amount mentioned in such notice, the
Authority may retain such goods, at the risk and expense of the
owner of the goods, until the lien or privilege is discharged as
hereinafter mentioned or until it is entitled, under the provisions
hereinafter specified, to sell them, or until the goods are transferred
to a Government warehouse as defined in the Customs Ordinance in
accordance with the provisions of that Ordinance.
(2) Nothing in this article shall be construed as requiring the
Authority or a contractor, as the case may be, to take into custody
any goods which the Authority or the contractor may refuse to
accept under the provisions of this Act, or as requiring the
Authority to inquire into the validity of any claim made in any
notice given under subarticle (1).
Discharge of lien.
to be a receipt for the amount claimed as due, or a release for the
amount of any lien or privilege to which goods are liable under
article 40 from the person by whom or on whose behalf notice has
been given, the Authority may permit such goods to be removed
without regard to the lien or privilege, provided the Authority has
used reasonable care in establishing the authenticity of such
document.
Power of Authority 
to sell goods.
 43. (1) Notwithstanding any lien or privilege mentioned in
articles 40 and 41, if the rates payable to the Authority in respect of
any goods are not paid, the Authority may, after the expiration of
ninety days from the time the goods were placed in its custody or
that of the contractor, or if the goods are of a perishable nature after
such earlier period, not being less than twenty-four hours, after the
landing of the goods, as the Authority considers appropriate, sell by
public auction the said goods or so much as is necessary to meet the
expenses, and pay the rates and other claims hereinafter directed to
be paid out of the proceeds of such sale.
(2) Before making such sale ten days’ notice of the same shall
be given in the Gazette unless the goods are of so perishable a
nature as, in the opinion of the Authority, to render their immediate
sale necessary or advisable, in which event such notice shall be
given as the urgency of the case requires.
(3) If the address of the owner of the goods or of his agent has
been stated on the manifest of the cargo, or in any of the documents
delivered to the Authority, or is otherwise known, and such address
is in Malta notice shall also be given to the owner of such goods by
letter delivered at such address or sent by post; but the title of a
bona fide  purchaser shall not be invalidated by reason of the
omission to send the said notice, nor shall such purchaser be
  26      CAP. 352. ]   MALTA MARITIME AUTHORITY
required to inquire whether such notice has been sent.
(4) If at the auction held under this article any of the goods
remain unsold, the Authority shall dispose of them in such manner
as it deems fit.
Application of 
proceeds for sale.
44. (1) The proceeds of any sale or disposal of goods in
accordance with article 43, shall be applied as follows and in the
following order:
( a ) in payment of the expenses of the sale or disposal;
( b ) in payment of the rates and expenses due to the
Authority in respect of the goods;
( c ) in payment of the freight and other claims or lien or
privilege of which notice has been given under article
41;
( d ) in payment of any customs or excise duty or levy
which may be due on the goods;
and any surplus, if any, shall be paid to the owner of the goods on
demand:
Provided that where the proceeds of any such sale or disposal
are not sufficient to cover the duties or levies referred to in
paragraph ( d ) hereof, the said sale or disposal shall still be
proceeded with and the said duties or levies shall be deemed to be
reduced to such sum, if any, as remains for the payment thereof.
(2) If no such demand as aforesaid is made within one year
from the sale of goods, the surplus shall be retained by the
Authority, and thereupon all rights of the owner to the same shall
be extinguished.
Clearance to be 
withheld until rates 
are paid.
Cap. 37.
45. If any amount in respect of dues, rates, fees or other
charges leviable in accordance with the provisions of this Act
against any ship is outstanding, then, at the request of the
Authority, such ship shall not be given any discharge or clearance
outwards under the Customs Ordinance until - 
( a ) the amount of such dues, rates, charges or fees has
been paid; or
( b ) security has been given to the satisfaction of the
Authority for the payment thereof.
Authority may 
board ship.
46. The Executive Director responsible for ports and any
person authorised by the Authority, may board any ship, within or
outside a port, to establish the proper amount payable in respect of
such ship.
Weighing and 
measuring of 
goods in case of 
dispute.
47. If any differences arise between the Authority and the
master or owner of a ship, or the owner of any goods, or the agent
of any such person as aforesaid, concerning the weight or
measurement of the goods in respect of which any dues, rates or
charges are payable, the Authority shall cause all such goods to be
weighed or measured and may, if it deems it so expedient, detain
the ship from which such goods have been discharged until they
  MALTA MARITIME AUTHORITY [ CAP. 352.        27
have been weighed or measured.
Payment of 
expenses of 
weighing or 
measuring.
48. (1) If the weight or measurement of such goods proves to
be more than that shown by the particulars delivered by the master
or the owner of the goods, or the agent of any such person in
accordance with articles 30, 31 and 32, the expenses of such
weighing or measuring shall be paid to the Authority by the master
of the ship, or the owner of the goods, or the agent of any such
person, in accordance with the provisions of this Act and shall be
recoverable in the same manner as dues, rates or charges leviable
under this Act.
(2) If the weight or measurements of such goods proves to be
the same as, or less than, that shown by the particulars delivered as
aforesaid, the Authority shall bear all the expenses of such
weighing or measuring.
Order restraining 
ship.
49. (1) If the master of a ship in respect of which dues, rates
or charges leviable under this Act are payable refuses or neglects to
pay such dues, rates or charges on demand, the Authority may issue
an order restraining such ship from sailing; and in any such case the
Authority shall within twenty-four hours from the issue of the order
institute proceedings against the master by summons before the
Court of Magistrates demanding the confirmation of the order to
arrest or detain the ship until such dues, rates or charges are paid.
(2) Where a restraining order made under subarticle (1) is
confirmed by the court it shall remain in force until it is withdrawn
by the Authority or revoked by the court.
(3) If for a period of fourteen days after a restraining order
made under subarticle (1) has been confirmed by the court - 
( a ) any of the dues, rates or charges owing; or
( b ) any of the expenses of restraint, including expenses
connected with the summons, or the arrest or detention
of the ship, 
remain unpaid the Authority may cause such ship, or any part of its
tackle, apparel, furniture, or equipment to be sold by public
auction, and out of the proceeds of such sale the Authority may
retain the amount owing together with the expenses of the sale and
such other amounts as may be due in consequence of the continued
presence of the ship in port, and shall deliver the balance, if any, to
the master of the ship.
(4) Where any restraining order made under subarticle (1) is
not confirmed by the court it shall lapse and have no effect.
Indemnity where 
goods are claimed 
by more than one 
person.
50. Where - 
( a ) any goods or the proceeds of the sale or disposal of
any goods are in the possession of the Authority or a
contractor and such goods or proceeds are claimed by
two or more persons; or
( b ) any person claiming any goods in the possession of the
Authority or of a contractor does not produce the
documents, showing that he is entitled to take delivery
  28      CAP. 352. ]   MALTA MARITIME AUTHORITY
thereof, 
the Authority or the contractor may withhold delivery of such
goods or proceeds until the person appearing to the Authority or the
contractor to be entitled thereto has given an indemnity to the
satisfaction of the Authority and the contractor against the claims
that may be advanced by any other person with respect to such
goods or proceeds.
Other rights of the 
Authority.
51. Notwithstanding anything contained in this Act, the
Authority may take any judicial action under any other law for the
recovery of any dues, rates, charges, expenses, costs and other
debts or, in the case of sale, to recover the balance thereof when the
proceeds of the sale are insufficient.
Power to make 
regulations to levy 
dues, charges or 
fees.
52. (1) Subject to the provisions of this Act, the Minister may,
after consultation with the Authority, make regulations - 
( a ) for the levying of dues, charges or fees upon any ship,
that is to say - 
(i) dues, charges or fees in respect of ships entering
or leaving a port, or being within a port or in the
territorial waters of Malta;
(ii) port dues, charges or fees in respect of
passengers, animals or cargo carried by any
ship;
(iii) pilotage, lighting, mooring, buoyage, anchorage
or accostage dues or other dues, charges or fees
on ships;
( b ) for the levying of any charges or of rates for the use of
any works, appliances or equipment provided or any
service performed or to be performed in respect of any
ship or of any goods, by the Authority or by a
contractor, and without prejudice to the generality of
the foregoing, for any of the following:
(i) the landing, shipping, wharfage, craneage,
storage, carriage or demurrage of goods
discharged from, or loaded on, or presented for
loading on, any ship;
(ii) the use by any ship, or person of any wharf,
quay, pier, dock, landing place or other facility
or installation owned by the Authority or over
which it exercises authority;
(iii) the use of any gear, tackle, tools, instruments,
equipment, staging or vehicles supplied by the
Authority or by a contractor;
(iv) the use of any ship or lighter, or any engine, boat
or vehicle, or of any appliance for the extinction
of fire owned or administered by or in the
possession of the Authority or a contractor;
(v) the towing of, the rendering assistance and
service to, any ship, in any place;
(vi) for the supply of water to any ship by the
  MALTA MARITIME AUTHORITY [ CAP. 352.        29
Authority or by a contractor;
(vii) the charges or rates payable by consignees,
consigors or shippers of goods to persons
undertaking the unloading, landing, loading,
shipping, or handling of goods between ship’s
hold or deck and rail, ramp, door or ship’s tackle
or any wharf or other place appointed for the
purpose or between ship’s rail, ramp, door or
ship’s tackle and any wharf;
( c ) conferring power on the Authority to assimilate for
any of the purposes of article 39, any work, service or
facility which is not specifically mentioned in any
regulations made under this subarticle to those
specifically mentioned in such regulations with which,
in the opinion of the Authority, they bear an analogy;
( d ) prescribing the conditions under which any work or
service in respect of which a rate or a charge is levied
will be performed or provided by the Authority or a
contractor;
( e ) providing for the exemption of any ship, or class or
classes of ships, or any passenger, animal or goods
from all or any dues, rates, charges or fees or for the
refund or remission thereof, or of part thereof;
( f ) prescribing fees in respect of any licence or permit
issued or given by the Authority under any of the
provisions of this Act;
( g ) prescribing anything that is to be, or may be
prescribed, under this Act;
( h ) generally for giving better effect to any of the
provisions of this Act.
(2) For the avoidance of doubt, regulations made under this
article may - 
( a ) prescribe different dues, rates, charges or fees for
different ports and for yachting centres;
( b ) prescribe different dues, rates, charges or fees for
different classes of ships, or passengers, animals or
goods;
( c ) make provision allowing the Authority to enter into
special agreements with respect to any matter referred
to in this article in place of any dues, rates, charges or
fees leviable under this Act.
Application of this 
Part.
53. The provisions of this Part of this Act shall apply to goods
which are the property of the Government, but shall not apply to -
( a ) any ship registered in Malta and used exclusively or
mainly in the fishing industry or fishing trade;
( b ) any ship belonging to a foreign Government, provided
she does not engage in trade or commerce;
  30      CAP. 352. ]   MALTA MARITIME AUTHORITY
( c ) seacraft, whether self-propelled or not, below ten gross
tons.
PART VII 
Pilotage
Compulsory 
pilotage.
54. (1) The ports specified in Part III of the Schedule to this
Act shall be compulsory pilotage ports; and all ships, other than
ships excepted under subarticle (2), shall, while navigating within
the limits of a compulsory pilotage port, whether by entering,
leaving or moving, be under the pilotage of a pilot:
Provided that where an excepted ship - 
( a ) has not taken a berth assigned to her by the Authority
and, in the opinion of the Authority, is foul or is likely
to foul any mark, buoy or some other ship due to any
cause whatsoever; or
( b ) has anchored in the fairway of any port,
then without prejudice to any criminal proceedings that may be
taken against the master of such ship, the Authority may direct that
such ship be moored or re-moored under the direction of a pilot:
Provided further that where any excepted ship is to be
berthed or unberthed at any quay, wharf, jetty, pier or buoy the
Authority may direct that such berthing or unberthing shall be
carried out under the direction of a pilot.
(2) For the purposes of this article, the following ships shall be
excepted ships -
( a ) ships owned or operated by the Government of Malta; 
( b ) men-of-war of a foreign power;
( c ) yachts and fishing vessels;
Cap. 234.
( d ) ships of less than five hundred gross tons calculated in
accordance with the rules for the time being in force
for the measurement of ships under the Merchant
Shipping Act;
( e ) ships trading exclusively between ports in Malta;
( f ) tugs, dredgers, barges or similar vessels whose
ordinary course of navigation does not extend beyond
the limits of the territorial waters of Malta;
( g ) ships unable to obtain the services of a pilot owing to
the stress of weather.
(3) The Authority may exempt any ship from compulsory
pilotage in any particular case.
(4) Where any port is a compulsory pilotage port, the Minister
may by order define the limits of such port for the purposes of
compulsory pilotage.
Pilotage Board. 55. (1) There is hereby established a Pilotage Board (in this
Part referred to as "the Board") which shall exercise and perform
  MALTA MARITIME AUTHORITY [ CAP. 352.        31
the functions assigned to it by this Part of this Act.
(2) The Board shall consist of a chairman and such number of
other members as the Minister may from time to time appoint, so
however that not less than two of the members, shall be members
having nautical or pilotage experience.
(3) It shall be the function of the Board to - 
( a ) conduct examinations in connection with the licensing
of pilots;
( b ) appoint panels of examiners for the purpose of the
examinations aforesaid;
( c ) conduct disciplinary proceedings in respect of pilots in
accordance with the provisions of this Act;
( d ) award to pilots found guilty of a breach of discipline
such punishments as may from time to time be
prescribed; and
( e ) advise the Authority on any matter the Authority may
refer to it in connection with the pilotage service.
(4) At any meeting of the Board the Chairman and two other
members, of whom at least one has nautical or pilotage experience,
shall form a quorum.
(5) The Board shall meet at least once every forty-five days at
such time and place as the Chairman may appoint.
(6) Subject to the provisions of this article, the Board may
regulate its own procedure.
Licensing of pilots.
may license pilots for the purpose of conducting ships within
Maltese waters.
(2) No person shall be licensed as a pilot unless he has -
( a ) passed such qualifying examinations as may be
prescribed;
( b ) been licensed as a temporary pilot on probation for
such period as may be prescribed;
( c ) obtained such practical experience in the pilotage of
ships in Malta during the probation period referred to
in paragraph ( b ) as may be prescribed;
( d ) had his licence confirmed by the Board; and
( e ) satisfied such other conditions as may from time to
time be prescribed.
(3) The licence issued to a pilot shall indicate the limits within
which the licensee is qualified to act.
(4) Notwithstanding the provisions of this article, the Authority
may, if it considers expedient, authorise any person to pilot a vessel
in a port subject to such terms and conditions as it deems fit.
  32      CAP. 352. ]   MALTA MARITIME AUTHORITY
Social Security 
Act. 
Cap. 318. 
57. (1) Notwithstanding the provisions of the Social Security
Act, pilots and mooringmen shall, for the purposes only of the
payment of contributions and the receipt of benefits under that Act,
be deemed to be the employees of the owners, masters, charterers,
or agents of a ship or of any other persons requesting their services
and such owners, masters, charterers or agents or other persons
shall be deemed to be the employer of pilots and mooringmen.
Cap. 318. 
(2) The Authority shall deduct from the earnings of pilots and
mooringmen, and shall collect from the master, agent, charterer or
owner of a ship or from any other person requesting the services of
pilots and mooringmen such contributions at such a rate as from
time to time may be in force in respect of employees and employers
respectively under the provisions of the Social Security Act, and
shall remit such contributions to the Department of Inland
Revenue.
Cap. 318. 
(3) The Minister responsible for ports with the concurrence of
the Minister responsible for social policy may make regulations to
provide for the collection of social security contributions under this
article and for the payments of any benefits due under the Social
Security Act, to pilots and mooringmen.
Mooringmen. 58. The Authority shall make such arrangements with respect
to mooringmen, including the requirements of a licence and
provision for discipline, as it may, after consultation with the
Minister, determine:
Cap. 170.
Provided that any arrangements made as aforesaid shall
adequately protect mooringmen licensed under the Ports
Ordinance * .
Limitation of 
liability.
Substituted by: 
XIV. 1997.2.
59. (1) The liability for civil damages, of a licensed of pilot
whether on board a vessel or elsewhere for any loss or damage,
including death and personal injury, resulting from any cause
during the performance of his duties shall not exceed the sum of
five thousand liri in respect of any one voyage and the cost of the
pilotage dues in respect of the voyage during which the liability
arose.
(2) Where, without any act or omission by the Authority, any
loss of life or personal injury, or loss or damage to any ship, to any
property on board any ship or to any property or rights of any kind,
is caused by a licensed pilot, the Authority shall not be liable to
damages beyond the amount of five thousand liri.
(3) The limit of liability under this article shall apply to the
whole of any losses and damages which may arise upon any one
distinct occasion although such losses and damages may be
sustained by more than one person.
(4) The grant or renewal of a licence to a pilot by the Authority
in accordance with the provisions of this Act shall not place or
imply any liability on the Authority or the Government of Malta for
any loss or damage occasioned by an act or default of any pilot,
*Repealed by this Act.
  MALTA MARITIME AUTHORITY [ CAP. 352.        33
whether the employment of a pilot is compulsory or not.
Cancellation or 
revocation of 
licences.
60. (1) The licence issued to a pilot shall automatically be
cancelled by the Authority when the pilot retires on reaching the
retiring age that may from time to time be prescribed, or if such
pilot is found by a Medical Board appointed by the Authority to be
physically unfit to carry out his duties.
(2) The Authority may also suspend or revoke the licence
issued to a pilot as a consequence of the award by the Board of a
punishment consisting in the suspension or revocation of the
licence, or if the pilot absents himself from duty for a period
exceeding one year.
(3) Subject to any condition which the Board may make, the
Authority may re-issue a licence to a pilot whose licence has been
revoked under subarticle (2).
(4) A licence issued to a pilot shall be surrendered to the
Authority whenever it is for any reason cancelled, suspended or
revoked.
Declaration as to 
draught of ship.
61. A pilot may require the master of any ship which he is
piloting to declare her draught of water, length and beam, and such
other information as may be required for the safe piloting of the
ship, and the master shall comply with any such request.
Pilot to produce 
licence.
62. Every pilot when acting as such shall be provided with his
licence and shall, if requested, produce it to the master of the ship
he pilots.
Liability of owner 
or master.
63. Notwithstanding anything contained in any law, the owner
or master of a ship navigating under circumstances in which
pilotage is compulsory, shall be answerable for any loss or damage
caused by the ship or by any fault of the navigation of the ship in
the same manner as he would if pilotage were not compulsory.
Power to make 
regulations 
concerning 
pilotage.
64. (1) The Minister may, in consultation with the Authority,
make regulations for all or any one or more of the following
purposes: 
( a ) determining the qualifications to be required from
persons seeking a licence to act as pilots and providing
for such written, oral and practical examinations which
may be deemed necessary therefor;
( b ) fixing the term for which a licence is to remain in
force and the conditions under which it may be
renewed;
( c ) providing for the manner in which, and the conditions
under which, pilots are to perform their duties under
this Act; 
( d ) providing for the good management of licensed pilots
and probationary pilots and in particular to ensure
their good conduct and constant attendance to and the
performance of, their duties, whether at sea or on
shore;
  34      CAP. 352. ]   MALTA MARITIME AUTHORITY
( e ) providing for the appointment of persons to the post of
Chief Pilot and establishing the duties appertaining to
such post;
( f ) providing for the disciplinary procedures of the Board
and the award by it of penalties, including fines not
exceeding fifty liri, and the suspension or cancellation
of licences;
( g ) providing for the collection of pilotage dues and for
the distribution thereof among pilots, as and where
appropriate, and for the remittance of money to funds
established or continued under this Act;
( h ) providing for the establishment or continuance of a
Stabilisation Fund, a Pilot Launch Maintenance and
Repair Fund, and a Pilot Launch Replacement Fund
and for the administration of such funds;
( i ) providing for the purposes for which any such funds as
aforesaid are to be used;
( j ) prescribing the manner in which such funds shall be
financed and providing for a levy on users of the
pilotage service towards all or any one or more of such
funds;
( k ) prescribing the manner in which charges may be made
against such funds;
( l ) regulating the use, replacement, maintenance and
repair of launches, equipment and facilities made
available to pilots;
( m ) providing for improvements in the pilotage service; 
( n ) regulating the manner in which and the conditions
under which pilots shall board and disembark from
ships; 
( o ) prescribing the retiring age of pilots;
( p ) defining and regulating the use of a pilot flag or pilot
signals;
( q ) prohibiting the payment or receipt of dues for pilotage
service, or for ancillary services, to or by pilots in
addition to such dues as may be due under this Act;
( r ) prescribing anything that is to be, or may be
prescribed, under this Part of this Act.
(2) Any person who contravenes or fails to comply with any
regulations made, or deemed to be made, under this article shall be
guilty of an offence and shall be liable, on conviction, to the
payment of a fine ( multa ) not exceeding one thousand liri or to
imprisonment not exceeding six months or to both such fine and
imprisonment.
  MALTA MARITIME AUTHORITY [ CAP. 352.        35
PART VIII
Legal Proceedings
Limitation of 
action.
65. Notwithstanding the provisions of any other law, no action
shall lie against the Authority or a contractor in relation to their
responsibilities under this Act, or for any loss or damage caused to
any person, vessel, goods, vehicles or other things whatsoever on
board a ship unless - 
( a ) a claim in writing, giving such particulars as may
reasonably be necessary, is given to the Authority or
the contractor, as the case may be, not later than six
months after the date on which the goods were
accepted by the Authority or the contractor;
( b ) the action is commenced within twelve months from
the date aforesaid:
Provided that the Authority or the contractor, as the case may
be, may extend the period specified in paragraph ( a ) by such
further period not exceeding six months as it may deem fit if it is
satisfied that the claim could not reasonably have been made within
the period specified as aforesaid:
Provided further that the Authority or the contractor, as the
case may be, shall not be liable beyond such limits or amounts
established by law, or in such circumstances as may be prescribed.
Overcharge or 
undercharge.
66. If the amount paid to the Authority or the contractor for
any dues, rates, charges or fees due under this Act, is found to be
incorrect, then if such amount is - 
( a ) an overcharge, the person who paid the dues, rates,
charges or fees shall be entitled to a refund of the
amount on the overcharge;
( b ) an undercharge, the Authority or the contractor shall
be entitled to collect the amount of the undercharge
from the person who paid the dues, rates, charges or
fees:
Provided that, notwithstanding the provisions of any other
law, any such overcharge or undercharge shall not be recoverable
unless a notice in writing, containing such particulars as may
reasonably be necessary, is given by the party claiming the refund
or collection to the party from whom it is claimed, not later than
two years after the acceptance of the goods by the Authority or the
contractor, as the case may be, so however that where the
undercharge is due to any description or other information
subsequently found to be incorrect the period of two years
aforesaid shall commence on the date on which the Authority or the
contractor, as the case may be, first discovers the incorrectness of
the description or information.
Service of notice.
under this Act to be served on any person by the Authority or a
contractor may be served - 
  36      CAP. 352. ]   MALTA MARITIME AUTHORITY
( a ) by delivering it to the person; or
( b ) by sending it by registered post addressed to the
person at his usual or last known address;
and if service is made as provided in paragraph   ( b )   it shall be
sufficient to prove service to show that the notice or other
document was properly addressed and posted.
PART IX
Offences and Penal Provisions 
Offences in respect 
of lighthouses, 
buoys, etc.
68. Any person who, wilfully or negligently - 
( a ) removes or alters any lighthouse, buoy, beacon or
other light placed by the Authority, or
( b ) rides by, or makes fast to, or runs foul of any
lighthouse, buoy, beacon or other light as aforesaid,
shall be guilty of an offence and be liable, on conviction, to a fine
( multa ) not exceeding one thousand liri.
Exhibition of lights 
which may be 
mistaken for 
lighthouses, etc. 
69. (1) Whenever any light is exhibited in any place or in such
manner as to be liable to be mistaken for a light proceeding from a
lighthouse, buoy or beacon, or other light placed by the Authority,
the Authority may serve a notice on the owner or occupier of the
place where the light is exhibited or on the person having charge of
the light, directing the owner, occupier or other person, to take,
within a reasonable time to be specified in the notice, effectual
means for extinguishing or effectually screening the light and for
preventing the same or similar light being exhibited thereafter.
(2) Such notice may also be served by affixing the same in
some conspicuous spot near the light to which the notice relates.
(3) Any owner, occupier or other person on whom a notice is
served under this article who fails without reasonable cause to
comply with the directives contained in the notice, shall be guilty
of an offence and be liable, on conviction, to a fine ( multa ) not
exceeding one thousand liri and to a further fine ( multa ) not
exceeding one hundred liri for every day during which the offence
continues.
Obstructing 
authorised entry.
70. Whosoever wilfully obstructs any officer of the Authority
in the performance of his duties under this Act, or any person in the
performance of any act he is authorised to perform by the
Authority, shall be guilty of an offence and be liable, on
conviction, to imprisonment for a term not exceeding six months or
to a fine ( multa ) not exceeding two thousand liri, or to both such
fine and imprisonment.
Navigation without 
pilot.
71. If - 
( a ) any ship navigates without a pilot in circumstances in
which a pilot is to be engaged under any of the
provisions of this Act, or
( b ) the master of the ship refuses to comply with any
request made under article 61, or makes or is privy to
  MALTA MARITIME AUTHORITY [ CAP. 352.        37
the making of any false statement in answer to such
request,
the master of such ship shall be guilty of an offence and shall be
liable, on conviction, to a fine ( multa ) not exceeding two thousand
liri.
Breach of duty by 
pilot.
72. (1) Any pilot who, while piloting a ship by wilful breach
of duty, or by neglect of duty or by reason of drunkenness - 
( a ) does any act tending to the immediate loss, destruction
or serious damage of such ship or tending immediately
to endanger the life or limb of any person; or
( b ) refuses or omits to do any lawful act proper and
requisite to be done by him for preserving such ship
from loss, destruction or serious damage, or preserving
any person from danger to life or limb,
shall be guilty of an offence and be liable, on conviction, to
imprisonment for a term not exceeding one year or to a fine ( multa )
not exceeding five thousand liri, or to both such imprisonment and
fine.
(2) Any pilot who fails to comply with the provisions of article
62 shall be guilty of an offence and be liable, on conviction, to a
fine ( multa ) not exceeding five hundred liri.
Illegal piloting.
pilot without the permission of the Authority and without being
duly licensed, or whilst his licence as a pilot is cancelled,
suspended or revoked, and any pilot who lends his licence to, or
allows his licence to be used by, any other person, or pilots ships
outside the limits specified in his licence or who acts as a pilot
while under the influence of drink or drugs, shall be guilty of an
offence and be liable, on conviction, to imprisonment for a period
not exceeding one year or to a fine ( multa ) not exceeding five
thousand liri, or to both such imprisonment and fine.
Evasion of dues, 
rates, etc.
74. If the master, owner or agent of a ship or the owner or
consignor or consignee of any goods, evades or attempts to evade,
by any means whatsoever, the payment of any dues, rates, charges
or fees leviable under this Act, he shall be guilty of an offence and
be liable, on conviction, to imprisonment for a term not exceeding
twelve months or to a fine ( multa ) not exceeding one thousand liri,
or to both such imprisonment and fine, and shall in addition be
liable to pay to the Authority a penalty triple the amount of the
dues, rates, charges or fees he evaded or attempted to evade.
Failure of 
compliance with 
articles 30 and 31.
75. Any master of a ship who contravenes any of the
provisions of articles 30 or 31, shall be guilty of an offence and
shall be liable, on conviction, to imprisonment for a period not
exceeding three months or to a fine ( multa ) not exceeding five
hundred liri or to both such imprisonment and fine.
False returns.
any statement which is false in any material particular in any
return, claim or other document which is requested or authorised to
be made by or under this Act, shall be guilty of an offence and be
  38      CAP. 352. ]   MALTA MARITIME AUTHORITY
liable, on conviction, to imprisonment for a period not exceeding
twelve months or to a fine ( multa ) not exceeding three thousand
liri, or to both such imprisonment and fine.
Persons 
endangering life or 
property.
77. If any person taking part in the loading, unloading or
warehousing of goods in any port endangers the safety of life, limb
or property - 
( a ) by contravening any of the provisions of this Act or of
any regulations made or deemed to be made
thereunder; or
( b ) by any rash or negligent act,
he shall be guilty of an offence and shall be liable, on conviction, to
imprisonment for a period not exceeding six months or to a fine
( multa ) not exceeding one thousand liri or both to such
imprisonment and fine.
Non compliance 
with direction of 
Authority or with 
any provision of 
this Act.
78. Any person who fails to comply with any direction given
by the Authority in exercise of its powers under this Act, or who
fails to comply with any provision of this Act or of any regulations
made thereunder, shall be guilty of an offence and, unless another
penalty is established for such offence in this Act, be liable, on
conviction, to a fine ( multa ) not exceeding five thousand liri, or to
imprisonment for a term not exceeding twelve months, or to both
such fine and imprisonment, and in the case of a continuing offence
to a further fine ( multa ) not exceeding five hundred liri for every
day during which the offence continues.
Contractor to be 
deemed public 
officer for 
purposes of 
Criminal Code. 
Cap.171.
Cap. 9.
79. A contractor and any of his employees, other than port
workers registered under the provisions of the Port Workers
Ordinance, whilst acting within the scope of his employment in
pursuance of an agreement entered into between the Authority and
the contractor under article 8(3) shall be deemed to be a public
officer or employee for the purposes of the Criminal Code and of
any other law of a penal nature.
Saving for other 
penal provisions.
Cap. 9.
80. The punishments provided by or under this Act shall apply
unless the act constitutes a more serious offence under the Criminal
Code or some other law, in which case such Code or other law shall
apply, so however that no person shall be punished twice for the
same act or omission.
PART X
Saving
Saving.
Cap. 170.
Cap. 100.
81. * (1) All regulations, orders and other subsidiary legislation
made under or kept in force by the Ports Ordinance †  or by the Port
Dues Ordinance † , and in force immediately before the coming into
force of this article, shall continue in force thereafter as if they had
been made under the corresponding provision of this Act and shall
be treated accordingly.
(2) Any funds established by or under any of the provisions of
*This article originally consisted of five subarticles. The original subarticles (1) and
(2) have been omitted under the Statute Law Revision Act, 1980.
†Repealed by this Act.
  MALTA MARITIME AUTHORITY [ CAP. 352.        39
the enactments repealed by this article shall, notwithstanding such
repeal and as from the date thereof, continue in operation as if they
had been established under the corresponding provision of this Act,
and shall be treated accordingly.
(3) Any licence, permission or other authority granted under
any of the provisions of the enactments repealed by this Act and
still in force immediately before such repeal, shall continue in force
thereafter as if it were a licence, permission or authority granted
under the corresponding provisions of this Act, and shall be treated
accordingly.
Malta Freeports 
Act.
Cap. 334.
82. Saving the provisions of article 81, none of the rights,
duties, powers and obligations vested in the Authority under this
Act shall diminish or alter any of the rights, duties, powers and
obligations vested in the Freeport Authority by the Malta Freeports
Act.
  40      CAP. 352. ]   MALTA MARITIME AUTHORITY
Amended by:
L.N. 141 of 1998.
SCHEDULE 
(Articles 27 and 54)
PART I
The Grand Harbour of Valletta but excluding the following
areas:
( a ) the area of land bordered in red on plan L.D. 91A/98
( b ) the area of land bordered in red on plan L.D. 97/98
( c ) the area of land bordered in green on plan L.D. 91B/98
( d ) the area of land bordered in green on plan L.D. 91C/98.
 Plans L.D. 91A/98, L.D. 97/98, L.D. 91B/98 and L.D. 91C/98
are annexed to the deed dated 1st June, 1998 published by Notary
Vincent Miceli and entered into between the Government of Malta
and the Malta Maritime Authority.
PART II
1. Marsamxett Harbour 
2. Marsaxlokk Harbour 
3. Saint Paul’s Bay
4. The landing places at - 
( a ) Ramla-il-Bir; 
( b ) I `-~irkewwa
5.  M[arr, Gozo 
PART III
1. The Grand Harbour of Valletta other than those areas
thereof excluded in Part I.
2. Marsamxett Harbour
3. Marsaxlokk Harbour 
4. M[arr, Gozo.
PART IV
1. Ta’ Xbiex Yachting Centre
2. MsidaYachting Centre
3. Sliema Yachting Centre
4. M[arr Yachting Centre, Gozo
