CIVIL PROTECTION [ CAP. 411.  1
CHAPTER 411
CIVIL PROTECTION ACT
To provide for the establishment of a Civil Protection Department and
an Assistance and Rescue Force, and for matters connected therewith or
ancillary thereto.
1st December, 1999
ACT XV of 1999.
Title.
Interpretation.
“the Department” means the Department of Civil Protection
established by article 3 of this Act;
“the Director” means the Director of the Department of Civil
Protection and includes any officer designated or authorised by the
Director to act in his behalf;
“disaster” means an unforeseeable event which causes or
threatens to cause damage to the lives and health of a significant
number of people, or to property or to vital supply resources of the
population or to the environment, and the urgency of the situation
requires the co-operation of authorities, institutions, and
organisations for prompt remedial action;
“the Force” means the Rescue and Assistance Force established
by article 8 of this Act;
“the Commander” means the Commander appointed to act as
such under article 9 of this Act;
“the Council” means the Civil Protection Council established
under article 5 of this Act;
“the Minister” means the Minister responsible for Civil
Protection and includes, to the extent and authority given, any
person or body of persons authorised by the said Minister for any of
the purposes of this Act.
Establishment of 
Department.
3. There shall be a Civil Protection Department which shall
be a department of Government headed by a public officer to be
styled Director of Civil Protection and which shall have the
functions set out in article 4 of this Act.
Functions of the 
Department.
4. The functions of the Department shall be -
( a ) to prepare contingency plans to respond to a disaster as
well as to natural, industrial and other emergencies
that may occur;
( b ) to organise and co-ordinate training facilities and
courses for personnel that may be required in a
national or regional disaster or in an emergency as
aforesaid;
( c ) to establish the infrastructural set-up required to
ensure co-ordination between the various departments
2 [ CAP. 411. CIVIL PROTECTION
of Government, local councils and non-governmental
organisations which can be called upon to respond in a
national or regional disaster or in an emergency as
aforesaid;
( d ) to carry out vulnerability and risk assessment studies;
( e ) to promote public awareness of civil protection issues;
( f ) to maintain an assistance and rescue force;
Cap. 178.
( g ) to prepare regulations under this Act and under the
Emergency Powers Act that may be required to
respond to a national or regional disaster or an
emergency as aforesaid; and
( h ) in general to perform such other functions in
connection with civil protection as the Minister may
from time to time assign to it.
Civil Protection 
Council.
5. (1) There shall be established a Council to be designated
the “Civil Protection Council” having the functions and duties set
out in this Act.
(2) The Council shall be appointed by the Prime Minister as
follows:
( a ) a number of representative members, being not more
than five, who shall be chosen from amongst public
officers occupying a senior position and performing
duties in the ministries responsible for public works,
environment, telecommunication and transport
services, health services, economic affairs, fuel and
energy affairs, and Gozo affairs;
( b ) one member who shall be chosen from amongst
persons having knowledge and experience in matters
relating to civil protection after consultations with
representatives of voluntary organisations concerned
with such matters;
S.L. 363. 06
( c ) one member who shall be nominated by the Local
Councils Association established in terms of
regulation 3 of the Local Councils (Association)
Regulations.
(3) The Chairman shall be the Minister responsible for Civil
Protection and the Deputy Chairman shall be the Permanent
Secretary in the same Ministry, and the Commissioner of Police,
the Commander Armed Forces and the Director of Civil Protection
shall be  ex officio  members.
(4) The appointed members shall hold office for such term, not
being more than three years, as may be specified in their letter of
appointment.
(5) Where the seat of any appointed member is vacated before
the expiration of the term fixed in his letter of appointment, the
Prime Minister shall appoint another person to replace such
member for such term, not being a term of more than three years, as
the Prime Minister may specify in his letter of appointment.
CIVIL PROTECTION [ CAP. 411.  3
Provided that the Council may act notwithstanding any
such vacancy.
(6) The Deputy Chairman shall act instead of the Chairman
whenever the Chairman is absent from a meeting of the Council or
is unable to act as Chairman for any reason.
(7) Notwithstanding any other provision of this article the
Prime Minister may at any time terminate the appointment of an
appointed member, if in his opinion such appointed member is unfit
to continue in office or has become incapable of properly
performing his functions.
(8) The Director of Civil Protection shall act as secretary of
the Council.
(9) The Council shall meet as often as necessary but in no case
less frequently than once in every three calendar months.
(10) The Council shall regulate its own proceedings.
Functions of the 
Council.
6. (1) It shall be the function of the Council -
( a ) to formulate, direct and co-ordinate all national policy
issues and practices relating to civil protection;
( b ) to direct and co-ordinate within its sphere of
competence the carrying out of and preparations for
the civil protection tasks required in the event of a
public emergency or disaster;
( c ) to advise and recommend to the Minister the
appropriate person, based on his special personal
qualities of decision making, competencies and
experience, to act as commander and overall national
co-ordinator of civil protection services and measures
in any particular emergency or disaster;
( d ) to approve contingency plans and associated
guidelines and codes relating to public emergencies
and disasters;
( e ) to monitor the workings of the Department of Civil
Protection;
( f ) to advise the Minister on any measures that afford
protection to the public in the event of a public
emergency or a disaster;
( g ) to encourage and support at national and local level
general emergency preparedness capable of
responding to all kinds of emergencies, whatever the
cause;
( h ) to co-ordinate and encourage the development of civil
protection voluntary organisations.
(2) The Council may, with the concurrence of the Minister,
from time to time establish such advisory commissions as it may
consider necessary to assist it in its functions; any such commission
shall have an advisory and consultative function, and its findings or
recommendations shall not be binding on the Council or the
Minister.
4 [ CAP. 411. CIVIL PROTECTION
Powers of Minister 
to make 
regulations.
7. (1) The Minister responsible for Civil Protection may by
regulation provide:-
( a ) generally for regulating civil protection matters;
( b ) for the procedures to be adopted with respect to any
disaster or public emergency occurring in Malta,
including any investigation relating thereto; and
regulations under this paragraph may contain
provisions -
(i) requiring that notice be given of any such
disasters or emergency as aforesaid at such
times, in such manner and by such persons as
may be specified in the regulations;
(ii) applying, without modification, for the purpose
of investigations held with respect to any such
accident any of the provisions of any other
enactment relating to investigations in cases of
disaster;
(iii) prohibiting, pending investigation, access to or
interference in the area where a disaster has
occurred, and authorising any person, so far as
may be necessary for the purposes of an
investigation, to have access to, examine,
remove, take measures for the preservation of, or
otherwise deal with, any such area.
( c ) for establishing the objectives and provisions,
directives, codes of practice and guidelines relating to
preparedness and response issues;
( d ) for establishing the system and requirements for civil
protection planning;
Cap. 178.
( e ) for determining, with the concurrence of the Minister
responsible for Finance, the method and payment of
compensation levels for material losses incurred by
persons during an emergency in terms of the
Emergency Powers Act and during a disaster as
defined in that Act; 
( f ) for prescribing or making provision for any matter that
is to be or may be prescribed under this Act; 
( g ) for penalties of an administrative nature.
(2) The payment of any compensation under the provision of
such regulations shall be a charge upon the Consolidated Fund.
(3) Without prejudice to the powers of the Minister under the
foregoing sub-articles of this article, every officer of the
Department of Civil Protection may prohibit access to any area
where a disaster or other emergency has occurred during the time
that rescue operations and investigations concerning the disaster or
the cause of the emergency are taking place.
Establishment of 
an Assistance and 
Rescue Force.
8. (1) There is hereby established a force to be known as the
Assistance and Rescue Force.
(2) The Assistance and Rescue Force shall be headed by a
CIVIL PROTECTION [ CAP. 411.  5
Chief Assistance and Rescue Officer.
(3) Before entering upon his duties an officer of the Assistance
and Rescue Force shall take the oath of office according to the
Schedule to this Act.
(4) The functions of the Assistance and Rescue Force shall be -
( a ) to maintain an adequate service for prompt
intervention in the case of fire and rescue on land,
flooding, sea salvage, rescue and anti-pollution
support at sea, or any other natural or man-made
disaster situation which requires the immediate
assistance of a public force or special equipment;
( b ) to intervene in any emergency or disaster;
( c ) to carry out any of the duties assigned to it by the
Director of Civil Protection.
(5) The government and discipline of the Force shall be such
as may be prescribed by regulations made by the Minister under
article 7 of this Act and such regulations may contain provisions
concerning the recruitment to the Force and the terms and
conditions of service, the discharge from and the training of the
Force, including the transfer of any member thereof to any other
force, as well as any other matter relating to the Force.
(6) Regulations as aforesaid may provide for the extension to
the members of the Force of any one or more of the duties and
powers of the officers of the Police Force, subject to such
modifications, adaptations and restrictions, and in such
circumstances as may be specified in the regulations.
(7) ( a ) In the interest of public safety, public order and public
health, the enlistment of every member of the Force
shall require the consent of the person enlisting not to
form, join or be a member of a trade union; but the
members of the Force may form their own association.
( b ) An association established under this sub-article shall
be for the purpose of enabling those of and below a
rank as established by the Minister to consider and
bring to the notice of the competent authorities all
matters affecting the welfare and professional
efficiency of the members of that association,
including matters concerning their hours of work,
leave, pay and allowances, pensions and other
conditions of service and rules of discipline in general,
and for the defence of individuals in disciplinary
proceedings.
( c ) The statute and rules governing any association
established under this sub-article and any amendments
thereto, shall be subject to the approval of the Minister.
( d ) An association established under this sub-article shall
be entirely independent of, and unassociated with, any
body outside the Force.
( e ) Membership of an association established under this
6 [ CAP. 411. CIVIL PROTECTION
sub-article shall be voluntary.
( f ) No person may be a member of any such association
unless he is a member of the Force: provided that an
association established under this sub-article may
engage employees or advisers from outside the Force.
Appointment and 
powers of the 
Commander.
9. (1) The Minister may, in any national or regional disaster
or emergency, or in anticipation thereof, appoint a person to act as
overall Commander as provided in article 6(1)( c ) of this Act and
may revoke any such appointment.
(2) In any emergency, disaster or other operation covered by
this Act, the Commander, if one has been appointed, or the Director
or the highest ranking officer of the Assistance and Rescue Force
present on the scene shall have the following powers, in addition to
all other powers pertaining to his office under this Act or any other
law -
( a ) to order the immediate requisition of any movable or
immovable thing, which is indispensably necessary in
his judgement for any operation;
( b ) to order the evacuation from any premises of persons
and to debar any person from entering on any such
premises;
( c ) to enter any premises, including a private residence, at
any time without the need of a warrant from any higher
authority;
( d ) to cause damage to private property where this is
indispensably necessary to avoid any threat to the life
of others, or the spreading of the effects of any event.
(3) In any of the cases mentioned in paragraphs ( a ), ( b ) and ( d )
of the preceding sub-article, the owner shall have the right for
compensation.
(4) The demand for any such compensation shall be made
within one year from the date of the occurrence, and the Court of
Magistrates in its civil jurisdiction shall be competent to hear and
decide any such claim, notwithstanding any other law delimiting its
jurisdiction.
Offences. 10. (1) Any person who unlawfully removes and applies for
his own benefit or that of any other person any thing which is
abandoned by its owner on account of any disaster, fire, or other
event when the life of the owner or any other person was in
jeopardy, shall be guilty of an offence and shall be liable on
conviction to imprisonment for a period of not less than six months
and not more than ten years.
Provided that in assessing punishment, the Court shall take
into consideration not only the value of the thing, but also the
circumstances of hardship to which the owner was exposed in
abandoning the thing.
(2) When the offence is committed by any person who is
lawfully entrusted under this Act or any other law to assist persons
in danger of losing their life or their property, the punishment shall
CIVIL PROTECTION [ CAP. 411.  7
be increased by two degrees.
(3) Any person who enters without due authorisation any area
delimited by officers of the Department of Civil Protection shall,
for the mere fact of entering, be guilty of an offence, and shall be
liable on conviction to imprisonment for a period of not less than
one month and not more than six months.
(4) Any person who refuses to comply immediately with a
requisition of any thing ordered under any power conferred by this
Act, even if verbally communicated to him, shall be guilty of an
offence and shall be liable on conviction to imprisonment for a
period not exceeding three months.
(5) Any person who refuses or fails to comply with any order,
even if verbally given by an officer acting within the powers of this
Act, or who interferes or obstructs with operations of assistance
and does not desist from his actions when warned, even verbally,
shall be guilty of an offence, and shall be liable on conviction to
imprisonment for a term not exceeding three months.
(6) Any person who fails to comply with any regulation issued
under this Act shall be guilty of a contravention, unless the specific
regulation imposes a penalty which is stated to be of an
administrative nature.
(7) It shall not be a defence to a charge under this article that
the person was acting as a professional person in mass
communications and that the acts were intended as an exercise of
the right to inform.
Saving.
Assistance and Rescue Force set up under this Act or who ceases to
be a member of the Police Force immediately before, and for the
purposes of, becoming a member of the Assistance and Rescue
Force, shall for the purposes of any law applicable to pensions
payable to members of the Police Force, be deemed to have
remained in the Police Force during their period of service with the
Assistance and Rescue Force, and for the purposes of such laws
service with the Assistance and Rescue Force by such members
shall be deemed to be service with the Police Force, and his
entitlement to a pension under such laws shall be regulated
accordingly.
8 [ CAP. 411. CIVIL PROTECTION
SCHEDULE
(Article 8)
Oath of Office of Officer
in the Assistance and Rescue Force
“I ………………………………………………………………….
solemnly swear/affirm that I shall faithfully execute according to law
and without fear or favour the office of
…………………………………………* in the Assistance and Rescue
Force established by article 8 of the Civil Protection Act.”
* specify here the name of the office in the Assistance and Rescue Force.
