L.S. 499.10 Regolamenti dwar iċ-Centri ta’ Yachting

(1)The title of these regulations is the Yachting Centres Regulations. Citation.

(2)These regulations shall apply to all yachting centres in the in the internal and territorial waters of Malta, whether such yachting centres are of a temporary or permanent nature. 2.

(1)requires: In these regulations, unless the context otherwise "the Act" means the Authority for Transport in Malta Act; "the Authority" means the Authority for Transport in Malta es t a b l i s h e d u n d e r t h e A c t , a n d i t s h a l l i n c l u d e an y p e r s o n authorised by the Authority to act on its behalf; "craft" means every description of craft used in navigation; "facilities" means any buoys, moorings, quays, wharves, jetties, piers, pontoons, boats and any fittings or appurtenances connected therewith, and any property movable or immovable provided at a yachting centre, and any services necessary and ancillary to the operation of a yachting centre or offered therein; "manager of a yachting centre" means the person or representative appointed by the operator of a yachting centre responsible for the day-to-day management and administration of the yachting centre; "Minister" shall have the same meaning as assigned to it by the Act; "mooring" means any gear, including any anchor or stake, to which a yacht or other craft may be secured by a chain, cable, wire or rope; and for the purpose of these regulations, mooring refers to a mooring found within a yachting centre and controlled and managed by the operator of a yachting centre only; "operator of a yachting centre" means the person authorised by the Authority or by the Minister to manage and operate a yachting centre; "yacht" means a registered sea going vessel used solely for pleasure and accepted as such by the Authority; "yachting centre" means any area within the internal and territorial waters of Malta which is primarily intended, organised and equipped with facilities and used for the berthing and mooring of yachts, and it shall also include a marina, whether of a temporary or permanent nature. *See regulation 1

(2)of these Regulations, as originally promulgated. Interpretation. Cap. 499. 1 2 [ S.L.499.10 YACHTING CENTRES

(2)In these regulations, words and expressions not otherwise defined in these regulations and which occur in the Act have the same meaning assigned to them in the Act. Operation of yachting centres. 3. No person shall operate a yachting centre unless authorised by the Authority or by the Minister. Supervisory and regulatory powers. 4. The Authority shall have supervisory and regulatory powers over all yachting centres in the internal and territorial waters of Malta in order to ensure: (

1. a)the preservation of good order in the yachting centres; (
2. b)the safety and security of all the persons, yachts and other craft using the facilities of a yachting centre; (
3. c)the safety of navigation within the yachting centres together with their fairways and established approaches, and in the vicinity thereof; (
4. d)the prevention of, and response to, pollution and the preservation of the marine environment within the yachting centres together with their fairways and established approaches, and in the vicinity thereof; (
5. e)the quality standards of the facilities offered by the yachting centres; (
6. f)that all applicable laws and regulations are fully complied with; and (
7. g)that Malta is adequately promoted as a yachting destination. Compliance with these regulations. 5.

(1)All operators of yachting centres and persons, yachts and other craft using any of the facilities of a yachting centre shall abide with the provisions of these regulations and any other applicable law or regulations in force from time to time, and with any special or general directives given by the Authority from time to time in order to fulfil its supervisory and regulatory functions over yachting centres.

(2)Directives given by the Authority shall specify the extent of their application. Directives may apply: (

1. a)to all yachts or other craft or a designated class of yachts or other craft using the facilities of all or any of the yachting centres; (
2. b)to all or any of the yachting centres; (
3. c)to the whole or parts or any of the yachting centres together with their fairways and established approaches, and in the vicinity thereof; and (
4. d)for all times or a specific period of time or times of the day or days of all or any of the yachting centres. Yachting centres in ports. 6. Without prejudice to any other provision of these regulations or of any other law or regulations, where a yachting centre is located within a port, the operator and the manager thereof shall at all times be subject to and comply with the directives and YACHTING CENTRES [ S.L.499.10 3 instructions of the Authority. 7. The operator of a yachting centre shall ensure that all yachts and other craft using the facilities of the yachting centre are validly registered according to the provisions of the Ports and Shipping Act and that their registration markings are clearly visible at all times. Registration of yachts and other craft. Cap. 352. 8.

(1)The operator of a yachting centre shall install and lay down all the necessary aids to navigation, including buoys and lights, within the yachting centre together with its fairway and established approaches, and in the vicinity thereof, as the Authority may from time to time direct, and the operator shall take all other steps which are necessary to prevent any danger to navigation. Aids to navigation.

(2)The operator of a yachting centre shall comply with any other additional requirements that the Authority may prescribe from time to time.

(3)The operator of a yachting centre shall ensure that all aids to navigation comply with the applicable International Association of Lighthouse Authorities (IALA) standards and that they are fully functional and in a good state of repair at all times.

(4)Without prejudice to any other applicable penalties, if the operator of a yachting centre fails to comply with the provisions of this regulation, the Authority may, after issuing a warning to the operator of the yachting centre to remedy the situation within a stated period, take all such measures that are necessary to install and lay down or repair the necessary aids to navigation and to ensure that any danger to navigation is removed at the sole expense of the operator of the yachting centre. 9.

(1)All operators of yachting centres shall appoint and keep a manager for the yachting centres they operate.

(2)Without prejudice to the provisions of any other law or regulations, operators of yachting centres shall be responsible for: (

1. a)the overall management, control and good order of the yachting centre; (
2. b)the overall safety and security of all the persons, yachts and other craft using the facilities of the yachting centre; (
3. c)the provision of safe and adequate facilities for the berthing and mooring of yachts and other craft; (
4. d)ensuring that all the facilities of the yachting centre are subject to regular and proper maintenance and surveyed at least every five years by a competent person: Provided that maintenance records and survey reports shall be adequately kept and made available to the Authority upon request; (
5. e)the adequate provision of first aid facilities, certified fire-fighting equipment and pollution prevention and Manager of a yachting centre and responsibilities of the operators of yachting centres. 4 [ S.L.499.10 YACHTING CENTRES response equipment; (
6. f)the adequate provision of waste, garbage and other refuse reception, collection and disposal facilities; (
7. g)the provision of all the lifebuoys, lifelines and safety ladders according to the number of yachts and other craft that may use the facilities of the yachting centre; (
8. h)ensuring that all the equipment listed in paragraphs (d), (
9. e)and (
10. f)is fully functional and in a good state of repair at all times; (
11. i)establishing and keeping in force an updated emergency response plan, which shall be submitted to the Authority for its approval, and which shall include as a minimum: (
12. i)a site plan showing the location of all the emergency response equipment and emergency shut offs; (
13. ii)procedures to be followed in the case of fire; (iii) procedures to be followed in the case of fuel and hazardous waste spills and any other pollution; (
14. iv)procedures to be followed in the case of a medical emergency; and (
15. v)procedures to be followed for evacuation. (
16. j)ensuring that the fairway and the established approaches of the yachting centre are not obstructed at any time; (
17. k)the removal of any sunken craft or other object causing a danger to navigation or posing an environmental risk; (
18. l)ensuring that the foreshore areas contiguous to the yachting centre, and which are under the control of the operator of the yachting centre, remain open to the general public at all times; (
19. m)granting access to disabled persons and persons with reduced mobility; (
20. n)ensuring that the yachting centre is adequately managed at all times; (
21. o)ensuring that maintenance works and repairs to the yachts and other craft in the yachting centre are limited to those of a minor or routine nature and shall only include operations that do not result in polluting water or air or cause a nuisance to the other users of the yachting centre: Provided that such works or repairs shall at no time violate the safety, security and welfare rights enjoyed by any person or yacht or other craft using the facilities of the yachting centre; (
22. p)issuing and maintaining in force at all times adequate insurance policies covering the yachting centre and all the persons, yachts and other craft using the yachting YACHTING CENTRES [ S.L.499.10 centre, and that copies of such insurance policies or their renewals shall be made available to the Authority upon request; and (
23. q)ensuring full compliance with all the applicable laws and regulations in force from time to time, especially those laws and regulations regulating the safety and security of persons, yachts and other craft, pollution prevention and response, and waste, garbage and other refuse reception, collection and disposal, and with any directive given by the Authority from time to time. 10. The operator of a yachting centre shall at all times allow free and unrestricted access to the enforcement officers appointed by the Authority and to members of the Police and the Armed Forces of Malta. Right of access. 11.

(1)The operator of a yachting centre shall publish and keep updated all the rules applicable for the use of any of the facilities of the yachting centre and for safeguarding the good order of the yachting centre and the safety and security of all persons, yachts and other craft using its facilities. Rules and fees.

(2)The operator of the yachting centre shall publish and keep updated all the fees applicable for using any of the facilities of the yachting centre.

(3)Such rules and fees shall be communicated to all persons, yachts and other craft using the facilities of the yachting centre.

(4)Without prejudice to the generality of the foregoing provisions, such rules shall as a minimum include: (

1. a)the speed limit within the yachting centre together with its fairway and established approaches, and in the vicinity thereof; (
2. b)the VHF radio channel to be used for communicating with the yachting centre; (
3. c)the contact details and the procedure to be followed in cases of accidents or emergency situations, including the contact details of the manager of the yachting centre and the contact numbers that can be reached at all times; (
4. d)the applicable procedure for the notification of the arrival at and the departure from the yachting centre of a yacht or other craft; (
5. e)provisions regarding the berthing, mooring and movement of yachts and other craft within the yachting centre together with its fairway and established approaches; (
6. f)provisions regarding the use of the facilities of the yachting centre; (
7. g)the requirement to obtain a clear indication of the person who shall be deemed in charge of a yacht or other craft which are berthed or moored within the yachting centre, for the whole period of their stay in 5 6 [ S.L.499.10 YACHTING CENTRES the yachting centre; (
8. h)a clear indication regarding the responsibility for the safety and security of the yacht or other craft and their furniture, stores, supplies, machinery or equipment inside the yachting centre; (
9. i)a clear indication regarding the responsibility for any damage caused by the yacht or other craft to any of the facilities of the yachting centre; (j provisions response; regarding pollution prevention and (
10. k)provisions regarding the available waste, garbage and other refuse reception, collection and disposal facilities in the yachting centre; (
11. l)provisions regarding the preservation of the marine environment; (
12. m)provisions regarding the deposit or leaving on any quay, wharf, jetty, pier or pontoon of any craft, furniture, stores, supplies, machinery, equipment or other material, especially in those areas of the yachting centre which are open for access by disabled persons or by persons with reduced mobility or to the general public, blocking the accessibility thereof; (
13. n)the periods of the day where the use of engines is allowed or not allowed in the yachting centre; and (
14. o)provisions regarding the overall good order in the yachting centre together with its fairway and established approaches.

(5)A copy of such rules and fees shall be made available to the Authority upon request.

(6)The Authority may direct any operator of a yachting centre to change any or all of its rules, as established according to the provisions of sub-regulation

(4), if the Authority deems this to be necessary to enhance the overall good order in the yachting centre or the safety and security of the persons or yachts and other craft using its facilities. Speed limit.

1. No person shall cause or permit any yacht or other craft to proceed at a speed in excess of three knots within a yachting centre or the established approaches thereto. Obstruction of approaches.
2. No person shall obstruct any of the established approaches of a yachting centre. Obligations of owners, etc., of yachts and other craft.
3. Without prejudice to the provisions of these regulations, nothing in these regulations shall exonerate the owner, master or crew of a yacht or other craft, berthed or moored within a yachting centre, from the consequences of failing to comply with these regulations or the rules of the yachting centre and from the responsibility of the seaworthiness of the yacht or other craft, of the safety of navigation and to take care of the moorings. YACHTING CENTRES [ S.L.499.10 7
4. The operator of a yachting centre shall provide the Authority without delay with all statistics and other information requested by the Authority from time to time, in such format as the Authority may prescribe. Statistics and other information.
5. Any operator of a yachting centre and any other person who contravenes any of the provisions of these regulations shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding two thousand euro (€2,000) or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment and, in the case of a continuing offence, he shall moreover be liable to an additional fine of not more than two hundred euro (€200) for each day during which such contravention continues. Offences and penalties. 17.

(1)The provisions of these regulations establishing offences and punishments in respect thereof shall be without prejudice to any liability arising under any other law or regulations, and shall not bar the infliction of further punishments contemplated by such other law or regulations. Provisions with respect to offences.

(2)In particular, such provisions as are mentioned in subregulation

(1)shall not affect the application of any higher punishment under any other law or regulations.

1. Proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature. Proceedings before the Court of Magistrates.
2. * Any obligation, liability, penalty or punishment incurred under the Yachting Centres Regulations, 1992 † , or in connection with any breach of the provisions of those regulations, or any proceedings or remedy relating to any such obligation, liability, penalty or punishment, shall not be affected by such revocation. Saving.
3. ‡ All permits issued under the Yachting Centres Regulations, 1992 shall remain in force and valid as if they were issued under these regulations until their term of validity expires. *As originally promulgated, this regulation was numbered regulation
4. The original regulation 19 has been omitteed under the Statute Law Revision Act,
5. †Revoked by these regulations. ‡As originally promulgated, this regulation was numbered regulation
6. The original regulation 19 has been omitteed under the Statute Law Revision Act,
7. Cap.
8. Transitory provision.