2015. 1.
these regulations is the Merchant Shipping (Wreck Removal Convention) Regulations. Citation and applicability.
these regulations, the Convention and any amendments thereto, shall, unless otherwise provided in these regulations and notwithstanding the provisions
any other law, form part
the Laws
Malta and shall apply to all Maltese ships wherever they may be and to all other ships while they are in Maltese waters as determined by the Convention. 2.
the Authority for Transport in Malta Act and in relation to other State parties means the national maritime administration maintained by those States; Interpretation . Cap. 234. Cap. 499. "Convention" means the Nairobi International Convention on the Removal
Wrecks, signed in Nairobi on 18 May 2007, including any amendment or Protocol related thereto as may from time to time be ratified, acceded to or accepted by the Government
Malta and other instruments, standards and specifications
a mandatory nature related thereto adopted or developed by the International Maritime Organization; "Convention area" means the exclusive economic zone
a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea
that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth
its territorial sea is measured: Provided that, in respect to Malta shall mean an area extending to twenty-five nautical miles from the baselines from which the territorial waters are measured in accordance with the Territorial Waters and Contiguous Zone Act, or any other area as m a y b e d e t e r m i n e d f r o m t i m e t o t i m e b y t h e M i n i s t e r, i n accordance with international law; "the Minister" means the Minister responsible for shipping and includes any person acting under his authority; *see regulation 1
these regulations, as originally promulgated. Cap. 226. 1 2 MERCHANT SHIPPING (WRECK REMOVAL CONVENTION) [ S.L.234.53 "operator
the ship" means the owner
the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed responsibility for operation
the ship from the owner
the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code, as amended; "registered owner" means the person or persons registered as the owner
the ship or, in the absence
registration, the person or persons owning the ship at the time
the maritime casualty: Provided that, in the case
a ship owned by a State and operated by a company which in that State is registered as the operator
the ship, registered owner shall mean such company; Cap. 226. "Registrar-General" means the Registrar General
Shipping and Seamen appointed under article 363
the Act and includes any person acting under his authority; "territorial waters" shall have the same meaning as is assigned to it in the Territorial Waters and Contiguous Zone Act.
Malta. Reporting
wrecks. 3.
any ship involved in the accident must report the wreck without delay to the competent authority.
the Convention. Removal by registered owner. 4.
which it or anything from it has become a wreck in the Convention area; and (b) the competent authority has determined that the wreck poses a hazard.
the Convention.
the Convention for the removal
the wreck; and (b) inform the registered owner
the other matters set out MERCHANT SHIPPING (WRECK REMOVAL CONVENTION) [ S.234.53 3 in paragraph 6(b) and 6(c)
the Convention. 5.
conditions about removal.
the wreck in accordance with paragraph 4
the Convention. 6.
which it or anything from it has become a wreck in the Convention area; and Liability for costs. (b) costs have been incurred by the competent authority.
the Convention applies.
the Convention; (
each
two or more ships is liable for costs under this regulation, but the costs for which each is liable cannot reasonably be separated, the registered owners shall be jointly liable for the total costs.
the right (if any) to limit liability. 7. An action to recover costs under regulation 6 may not be brought after the end
whichever
the following ends earlier - Limitation period. (a) the period
three years beginning with the date on which a wreck removal notice was given in respect
the wreck; and (b) the period
six years beginning with the date
the accident which resulted in the wreck. 8. A ship
a gross tonnage
300 or more shall not enter or leave a port in Malta, and neither shall any Maltese ship enter any port
any State unless such ship is in possession
an insurance cover evidenced by the certificate referred to under regulation 9. 9. The competent authority for the purpose
issuing the certificate attesting that an insurance cover or other financial security is in force, as referred to in the Convention, in respect
ships registered in Malta shall be the Registrar-General who shall determine the conditions
issue and validity
such certificate, and, in respect
ships registered in a State not party to the Wreck removal insurance. Insurance certificates. 4 [ S.L.234.53 Issue
certificates by the competent authority. Fees. MERCHANT SHIPPING (WRECK REMOVAL CONVENTION) Convention shall be the said Registrar-General who shall have such powers as aforesaid, or the appropriate authority
a State Party to the Convention. 10. Where the competent authority is satisfied on the application for such a certificate as is mentioned in regulation 9 in respect
a Maltese ship or a ship registered in any country that is not a State party that there will be in force throughout the period for which the certificate is to be issued a contract
insurance or o t h er f i n a n c i a l s e c u r i t y sa t i s f y i n g t h e r eq u i r e m e n t s o f t h e Convention, the competent authority may issue such certificate. 11.
a ship registered in Malta.
a ship not registered in Malta. Duty to ensure compliance. 12. It shall be the duty
the registered owner
the ship to ensure that the ship is in compliance with the provisions
these regulations. Any person who fails to observe the provisions
these regulations, shall be liable to the penalties provided for in the Act, and if no such penalty is provided, such person shall, for each
fence, be liable to a fine (multa) not exceeding 10,000 units.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.