Chapter 283 – Carriage of Goods by Sea (Regulation) Act
What is this act about?
This law regulates the transport of goods by sea to and from Malta, specifically requiring permission from the Minister responsible for ports for such activities. It ensures that the carriage of goods adheres to approved agreements or specific ministerial permissions.
Who it applies to: Anyone involved in the carriage of goods by sea to or from Malta; Shipping lines and liner conferences engaged in such transport.
At a glance
- Country
- Malta
- Area of law
- Transport law
- Articles
- 8
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The loading and unloading of goods carried by sea to or from Malta from or to other countries.
- Agreements between shipping lines for sharing cargo, provided they are approved by the Minister.
- The conditions and provisions under which goods can be transported by sea.
- The power of the Authority for Transport in Malta to refuse entry or departure of ships.
Who does this act apply to?
- Anyone involved in the carriage of goods by sea to or from Malta.
- Shipping lines and liner conferences engaged in such transport.
What are the key points?
- No goods can be loaded or unloaded in Malta for carriage to or from a country covered by a Ministerial order without the Minister's permission.
- Ministerial permission or approval can be general, specific, or applicable to a class of cases.
- The Minister must publicize information about permissions or approved agreements, including affected countries, ships, and shipping lines.
- Contravention of Article 3 or any order/regulation carries a fine of not less than €116.47 and not exceeding €11,646.87, and goods involved will be forfeited.
Transport law
Legal text
Legal text
CARRIAGE OF GOODS BY SEA (REGULATION)
CHAPTER 283
CARRIAGE OF GOODS BY SEA (REGULATION) ACT To regulate the carriage of goods by sea to and from Malta. (29th January, 1980)* ACT II of 1980, as amended by Acts XIII of 1983 and XVII of 1991;
Legal Notice 423 of 2007; and Act XV of 2009.
Art. 1
The short title of this Act is the Carriage of Goods by Sea (Regulation) Act.
Art. 2
In this Act, unless the context otherwise requires - Short title.
Interpretation. "goods" includes goods of any description; "Minister" means the Minister responsible for ports and, to the extent of the authority given, includes any person authorised by the said Minister in that behalf; "port" means any place where goods are loaded or unloaded on or from a ship; "shipping line" includes a liner conference.
Art. 3
Regulation of carriage of goods to and from Malta.
Publicity to be given to Minister’s permission or approval.
Declaration by Minister to be conclusive evidence.
Power of Authority for Transport in Malta.
Amended by:
XVII. 1991.81;
XV. 2009.49.
Regulations.
CARRIAGE OF GOODS BY SEA (REGULATION)
Art. 4
Where the Minister has given a permission under article 3(1) or has approved an agreement under subarticle (2) of that article, he shall, by notice in the Gazette, or in the order or regulation containing that permission or approval or providing therefor, give such information about the permission or the agreement, including the countries, ships and shipping lines affected thereby, as may be appropriate in the circumstances.
Art. 5
A declaration under the hand of the Minister stating that goods may or may not be loaded or unloaded in Malta on or from a specified ship, or a ship of a specified shipping line, shall be conclusive evidence of its contents.
Art. 6
The Authority for Transport in Malta shall have power to refuse entry into or departure from any port in Malta if it has reasonable ground to believe that a provision of this Act has been or is likely to be contravened in respect of that ship or its cargo.
Art. 7
The Minister may make regulations for carrying into effect the provisions of this Act and, without prejudice to the generality of the foregoing, for (a) exempting any goods from any of the provisions of this Act; (b) providing for any matter incidental or supplementary to the provisions of this Act.
Offences and penalties.
Amended by:
XIII. 1983.5;
L.N. 423 of 2007.
Art. 8
A person who contravenes any of the provisions of article 3 or of any order or regulation made under this Act shall be guilty of an offence and shall for each offence be liable on conviction to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) and not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87); and any goods loaded or unloaded in contravention of any of those provisions shall be forfeited to the Government.