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Government Notices published in Govt. Gazette No. 18,996 of the 4th December 2012
01/01/2012
No. 1206
PUBLICATION OF ACT IN SUPPLEMENT
IT is notified for general information that the following Act is published in the Supplement to this Gazette:
Act No. XXI of 2012 entitled the Embryo Protection Act, 2012.
No. 1207
PUBLICATION OF BILL IN SUPPLEMENT
IT is notified for general information that the following Bill is published in the Supplement to this Gazette:
Bill No. 127 entitled the Education (Amendment) Act, 2012.
No. 1208
LEGAL NOTICES PUBLISHED IN THE SUPPLEMENT TO THE GOVERNMENT GAZETTE
IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette Nos. 18,992 and 18,995 of the 27th and the 30th November, 2012, respectively.
L.N. No. 410 of 2012: Education Act (Cap. 327); Malta Academy for the Arts Order, 2012.
L.N. No. 411 of 2012: Pensions Ordinance (Cap. 93) Pensions Ordinance (Employment with Colleges of State Schools) Order, 2012.
L.N. No. 412 of 2012: Medical and Kindred Professions Ordinance (Cap. 31) Medical Kindred Professions Ordinance (Amendment of Third Schedule) (No. 2) Regulations, 2012.
L.N. No. 413 of 2012: Medical and Kindred Professions Ordinance (Cap. 31) Drugs Control (Amendment) (No. 2) Regulations, 2012.
L.N. No. 414 of 2012: Education Act (Cap. 327) Teachers (Code of Ethics and Practice) Regulations, 2012.
L.N. No. 415 of 2012: Code of Police Laws (Cap. 10) Cinema and Stage (Amendment) Regulations, 2012.
L.N. No. 416 of 2012: Malta Council for Culture and the Arts Act (Cap. 444) Cinema and Stage Age-ClassificationRegulations, 2012.
L.N. No. 417 of 2012: Equality of Men and Women Act (Cap. 456) Access to Goods and Services and their Supply (Equal Treatment) (Amendment) Regulations, 2012.
L.N. No. 418 of 2012: Value Added Tax Act (Cap. 406) Value Added Tax Act (Amendment of Second Schedule) Regulations, 2012.
L.N. No. 419 of 2012:Value Added Tax Act (Cap. 406) Value Added Tax Act (Amendment of Fourth Schedule) Regulations, 2012.
L.N. No. 420 of 2012:Value Added Tax Act (Cap. 406) Value Added Tax Act (Amendment of Seventh Schedule) Regulations, 2012.
L.N. No. 421 of 2012:Value Added Tax Act (Cap. 406) Value Added Tax Act (Amendment of Tenth Schedule) Regulations, 2012.
L.N. No. 422 of 2012: Value Added Tax Act (Cap. 406) Value Added Tax Act (Amendment of Eleventh Schedule) Regulations, 2012.
L.N. No. 423 of 2012:Value Added Tax Act (Cap. 406) Value Added Tax Act (Substitution of Twelfth Schedule) Regulations, 2012.
L.N. No. 424 of 2012: Value Added Tax Act (Cap. 406) Value Added Tax Act (Amendment of Fourteenth Schedule) Regulations, 2012.
L.N. No. 425 of 2012:Value Added Tax Act (Cap. 406) Value Added Tax Act (Amendment of Fourteenth Schedule)(Amendment No. 2) Regulations, 2012.
No. 1209
Ministry for Justice, Dialogue and the Family
Appointment of Director (Pensions Strategy)
IN exercise of the powers vested in him by Article 110 of the Constitution of Malta, the Prime Minister, after consultation with the Public Service Commission, has appointed Mr Mark L. Musù, D.P.A., C.I.M.C., as Director (Pensions Strategy) within the Ministry forJustice, Dialogue and the Family with effect from 19th November, 2012.
No. 1210
APPOINTMENT OF ACTING DIRECTOR GENERAL AND REGISTRAR (GOZO Courts AND TRIBUNALS)
THE Permanent Secretary in the Ministry for Justice, Dialogue and the Family has approved the following acting appointment:–
NAMEPOSITIONDEPARTMENTDATE
Mr Frankie MerciecaDirector General andCourts of Justice3 - 9.12.2012
Registrar, Gozo(Gozo)
Courts and Tribunals
No. 1211
MALTA ENVIRONMENT AND PLANNING AUTHORITY
Conservation of Wild Birds Regulations, 2006
IN accordance with the provisions of regulation 4 (1)(e); 4 (1) (f); 21 (2); 21 (5) and of paragraph (e) of sub-regulation (1) of regulation 9 of the Conservation of Wild Birds Regulations, 2006 (Legal Notice 79 of 2006) and being satisfied that there exists no other satisfactory solution, the Minister hereby authorizes the keeping and possession of dead bird specimens of naturally occurring birds in the wild state in the European territory of the Member States of the European Union that are not listed in Schedule II or III of the aforementioned regulations and taxidermy of bird species of naturally occurring birds in the wild state in the European territory of the Member States of the European Union that are not listed in Schedule III of the same regulations, by the National Museum of Natural History (NMNH) from the date of publication of this Notice, namely 4th December, 2012 until the 3rd Decemnber, 2013 (both dates inclusive) under those conditions established by the Director of Environment.
(2) Further to the conditions set by the Director the National Museum of Natural History (NMNH) is being granted such authorisation under the following conditions:
(a) the authorisation is valid only for the purpose of scientific research and for educational purposes;
(b) the authorisation is valid only for dead specimens in whole or in part;
(c) the keeping, sale or offering for sale, exchange, trade, exhibition, display to the public for commercial purposes or transporting for sale of non-Schedule III specimens shall be without prejudice of the Trade in Species of Fauna and Flora Regulations of 2004;
(d) an up-to-date register of all specimens of non-schedule III species reaching the NMNH is to be maintained by the NMNH. This register shall indicate the origin of each specimen and its fate;
(e) each specimen of non-schedule III species acquired is to be tagged with a uniquely marked MEPA tag within 3 months from the date of acquisition;
(f) no specimen shall be skinned, cleaned, stuffed, mounted or treated chemically for taxidermy purposes prior to being tagged with a uniquely marked MEPA tag;
(g) any person commissioned by the NMNH to carry out taxidermy practices for the purpose of this derogation shall require prior authorisation from MEPA.
(h) no taxidermy practices shall be carried out by any authorised person on any premises other than that agreed upon before by NMNH and MEPA.
(i) each acquired non-Schedule III specimen shall only be transferred or otherwise disposed of upon the written authorization of the Director.
(j) an annual report collating all of above-mentioned information and information about activities undertaken by the NMNH with respect to the pertinent specimens is to be submitted to MEPA within two months from the start of the subsequent year.
No. 1212
MALTA ENVIRONMENT AND PLANNING AUTHORITY
Exemption of Environmental Planning Statement
IN conformity with Regulation 3 (8) of the Environmental Impact Assessment Regulations (Legal Notice No. 114 of 2007) in respect of the application mentioned hereunder, and in view of the fact that MEPA has determined that the proposal is unlikely to have significant environmental impacts. The Director of Environment Protection agrees that the proposed does not require the preparationof an Environmental Planning Statement (EPS).
The Project Description Statement (PDS) presented as part of the application has considered the environmental issues in a sufficient manner such that the preparation of an EPS would not add any new information and MEPA has all the necessary information to determine the application. From the information presented in the PDS and screening according to Schedule IB of the same regulations the proposal is not likely to have significant environmental effects.
A detailed justification is presented below:
Application Number: PA 06677/07
Location: Fenech Ready Mix Plant, Triq Ħal Tarxien, Ħal Għaxaq, Malta.
Proposal: Change of use of a ready mix concrete batching plant into a fish farm support facility, including construction of plant rooms, stores, workshop, offices and research block.
The following potential environmental impacts were identified and mitigation measures proposed in the Project Description Statement (PDS) submitted to MEPA on the 14th August 2012 and the justification for proposal from carrying out an Environmental Impact Assessment (EIA) submitted on 29th October 2012.
Potential ImpactRemarks
Waste generation
The project will generate waste during both construction and operation. During the construction phase, inert waste will be generated however quantities are likely to be minimal. During operation, waste from fish processing shall be generated which includes fish remains and blood. All waste generated will be disposed in accordance with Wasteserv parameters, and shall either be incinerated (such waste shall be kept in underground cold rooms and frozen) or disposed in a civic amenity site. Hazardous material/waste is not to be stored on site and will be regulated through an environmental registration.
Impact on air quality
During construction, fugitive dust from site clearance and excavation, and NOx from construction vehicles are expected. However, no significant impact is envisaged as long as the Environmental Management Construction Site Regulations (Legal Notice 295 of 2007) are adhered to. During operation, NOx will be generated by operational traffic but given its scale, the proposal will not generate significant amounts of traffic. Odours may be generated from the fish processing, however these can be sufficiently mitigated through proper plant design, adequate waste management and an operational permit.
Noise and vibrations
Noise and vibration during construction are expected to be limited to those typically associated with normal construction site activities. During operations, noise and vibration are not expected to be significant given the type of project. Refrigeration rooms will be located underground.
Impact on cultural
The proposed development is adjacent to the Santa Luċija chapel which is a
heritage scheduled Grade 1building as per Government Notice 628 of 2008. Therefore, construction/excavation works should be carefully managed to avoid negative impacts on the chapel, and consultation with the Superintendence of Cultural Heritage is also required. Furthermore, the visual impact of the project on the chapel needs to be addressed as part of the development permitting process.
Light pollution
During night time, light emissions above the current baseline situation are expected. Nevertheless, these may be reduced through the use of down-lighters and minimisation of nocturnal lighting.
Notwithstanding the above, the Malta Environmental and Planning Authority reserves the right to request the applicant to submit additional information as may be necessary to determine the application.
No. 1213
PROSPECTUS
EURO 150,000,000 (NOMINAL) IN ANY ONE OR ANY COMBINATION
OF 3.75% MALTA GOVERNMENT STOCK 2017 (IV) FUNGIBILITY ISSUE,
AND 3.85% MALTA GOVERNMENT STOCK 2018 (V) AVAILABLE FOR
EXCHANGE BY AUCTION ON A BID PRICE BASIS THROUGH
CONVERSION OF 3.60% MALTA GOVERNMENT STOCK 2013 (IV)
Authorised under the Local Loans (Registered Stock and Securities) Ordinance, Cap. 161
1. EXCHANGE OF STOCK
a) The Accountant General invites bids by stockholders of 3.60% Malta Government Stock 2013 (IV) (hereafter also called the source stock) to switch their holdings into any one or any combination of 3.75% Malta Government Stock 2017 (IV) Fungibility Issue and 3.85% Malta Government Stock 2018 (V), (hereafter also called the destination stocks) up to Euro 150,000,000.
b)Switches of holdings of 3.60% Malta Government Stock 2013 (IV) (the source stock) will be on the condition that they are surrendered free from all pledges, liens, charges and encumbrances and with all the rights now or hereafter attaching to them.
c)The Treasury shall cancel the amounts (nominal) of 3.60% Malta Government Stock 2013 (IV) it buys in through this switch auction on the day of settlement.
2. TERMS OF EXCHANGE (PRICING)
The Accountant General will announce a fixed clean price for 3.60% Malta Government Stock 2013 (IV) (the source stock) on Friday, 7th December, 2012. Competitive (multiple-price) bids are invited on a clean price basis for the 3.75% Malta Government Stock 2017 (IV) Fungibility Issue and/or the 3.85% Malta Government Stock 2018 (V) (the destination stocks), together with the amount of source stock bidders are willing to switch in units of €500,000 (nominal) for every bid price as indicated at paragraph 3(b) and in amounts of €250,000 (nominal) at every bid price as indicated at paragraph 3(c).
3. BIDS
a) Applications in the form of sealed bids (auction) open at 8.30 a.m. on Monday, 10th December, 2012 and close at 2.00 p.m. on Tuesday, 11th December, 2012 or earlier at the discretion of the Accountant General.
b) Applications by any single bidder shall be in the form of sealed bids for a minimum and multiples of €500,000 each.
c) Applications submitted in the name of ‘Nominee a/c’ and/or ‘Clients a/c’ must be in the form of sealed bids for a minimum amount of €250,000 or more. Applications in the name of ‘Nominee a/c’ and/or ‘Clients a/c’ will onlybe accepted if accompanied by a list showing the identity card number, or in case of a body corporate, the relevant identification number of their respective clients.
d) Bids on the prescribed application forms are to be deposited at the Treasury Tender Box or transmitted by fax on 2596 7210 or by e-mail at the e-mail addresses indicated on the application form.
e) Application forms may be obtained from all Members of the Malta Stock Exchange, other authorised Investment Service Providers or downloaded from Treasury’s website at (www.treasury.gov.mt).
f) All applications by bids will be irrevocable after closing time.
4. ALLOTMENT POLICY
Allocation of Stock will be made in the following manner:
a)Bids will be ranked in descending order of clean bid price for each of the 3.75% Malta Government Stock 2017 (IV) Fungibility Issue and the 3.85% Malta Government Stock 2018 (V) (the destination stocks) and accepted bids for each stock will be allotted to bidders whose bid prices are at, or above, the lowest price at which the Accountant General decides that any bid should be accepted (the lowest accepted price).
b)Stockholders of the 3.60% Malta Government Stock 2013 (IV) (the source stock) with the highest clean bid prices for the destination stocks will have their bids accepted first. Bids at the lowest accepted bid price by more than one bidder will be allotted in proportion to the amount of corresponding source stock bid.
c) Bidders whose bids are accepted in full will be allocated amounts of 3.75% Malta Government Stock 2017 (IV) Fungibility Issue and/or 3.85% Malta Government Stock 2018 (V) (destination stocks) according to the switch ratio calculated as follows:the fixed clean price plus accrued interest of 3.60% Malta Government Stock 2013 (IV) (the source stock) as announced by the Accountant General on Friday, 7th December, 2012 divided by the clean bid price plus accrued interest for the destination stocks. This switch ratio, rounded to three decimal places, will be multiplied by the nominal amount of source stock the bidder is willing to exchange at each bid price for the destination stocks (or, where applicable, the portion of the amount the bidder is willing to switch at the lowest accepted bid price), which amount is subject to any applicable scaling factor.
d) The allotment result of the Stock to bidders will be determined and announced within two hours immediately after the closing time of applications by auction.
5. PAYMENT OF DIVIDENDS (INTEREST)
a) (i) During the tenor of the 3.75% Malta Government Stock 2017 (IV) (the destination stock) dividends (interest) will be paid half yearly in arrears on 20th February and 20th August in every year.
(ii) The first dividend (interest) payment covering the period from the 20th August, 2012 to the 19th February, 2013 (both dates inclusive) shall be made at the rate of 1.875% on the 20th February, 2013.
b) (i) During the tenor of the 3.85% Malta Government Stock 2018 (V) (the destination stock) dividends (interest) will be paid half yearly in arrears on 18th April and 18th October in every year.
(ii)The first dividend (interest) payment covering the period from the 18th October, 2012 to the 17th April, 2013 (both dates inclusive) shall be made at the rate of 1.925% on the 18th April, 2013.
c) Payment of dividend (interest) shall be made by direct credit to any branch of any local bank as advised on the application form.
6. SETTLEMENT
a) Settlement of successful bids shall be effective on 12th December, 2012.
b) The accrued dividend (interest) on the 3.60% Malta Government 2013 (IV) (‘source stock’) will be based on the number of days between the period from 18th October, 2012 (last dividend/interest payment date of the stock) to 11th December, 2012 (both dates inclusive).
c) The accrued dividend (interest) on the 3.75% Malta Government Stock 2017 (IV) (‘destination stock’) will be based on the number of days between the period commencing from 20th August, 2012 up to and including the 11th December, 2012.
d) The accrued dividend (interest) on the 3.85% Malta Government Stock 2018 (V) (‘destination stock’) will be based on the number of days between the period commencing from 18th October, 2012 up to and including the 11th December, 2012.
7. CLEARING FACILITIES
a) MaltaClear
Clearing and settlement of transactions in Malta Government Stocks traded on the Malta Stock Exchange Trading System are effected through MaltaClear in accordance with Chapter 7 of the Malta Stock Exchange Bye-Laws.
b) Clearing (FOP) through Clearstream – MSE Access Link
(i) Applicants may also avail of the clearing facility (FOP) provided through the Malta Stock Exchange plc (MSE) – Clearstream Banking AG – Frankfurt (CBF) Access Link as direct customers of CBF or Clearstream Banking SA, Luxembourg (CBL), or indirectly by being capable of clearing through CBF/CBL via another central securities depository or international central securities depository (‘other CS/ICSD’) linked to CBF/CBL.
(ii) The Accountant General shall cancel any allotment of stock to any institution claiming to be CBF/CBL customers or otherwise capable of clearing via CBF/CBL, but which are rejected by Clearstream for any reason whatsoever in the process of registration. Once a subscription is rejected the applicant will be deemed to have maintained all the status quo ante rights in the holdings of the 3.60% Malta Government Stock 2013 (IV).
8. FUNGIBILITY
The Accountant General reserves the right to issue in future, additional amounts of the 3.75% Malta Government Stock 2017 (IV) and the 3.85% Malta Government Stock 2018 (V) in further tranches.In the event of such further issues these will be integrated with the respective existing Stock.
9. UNDERISSUANCE
The Accountant General reserves the right to accept bids for the full amount on offer at the auction or any part thereof and to reject any bid or part thereof on any grounds whatsoever, notwithstanding that the amount on offer has not been taken up. The Accountant General may also decide not to switch any of the stock.
2/10
10. REDEMPTION OF STOCK
a) The 3.75% Malta Government Stock 2017 (IV) shall be redeemed at par on the 20th August, 2017.
b) The 3.85% Malta Government Stock 2018 (V) shall be redeemed at par on the 18th April, 2018.
11. SECURITY
The issuance of the 3.75% Malta Government Stock 2017 (IV) Fungibility Issue and the 3.85% Malta Government Stock 2018 (V) and dividend (interest) thereon will be a charge on the General Revenue and Assets of the Government of Malta.
12. TRADING ON THE MALTA STOCK EXCHANGE
Pursuant to the Financial Markets Act, Cap. 345, an application has been submitted to the Listing Authority for the 3.75% Malta Government Stock 2017 (IV) Fungibility Issue and the 3.85% Malta Government Stock 2018 (V) issued for this offer of exchange by auction to be admissible to listing and to the Malta Stock Exchange for these bonds to be admitted to its Official List.
13. MERGER OF FUNGIBILITY ISSUE
On the 20th February, 2013, after the payment of the first dividend (interest) as indicated in paragraph 5 (a) (ii) any amount allotted under the 3.75% Malta Government Stock 2017 (IV) Fungibility Issue will be merged with the existing issue of the 3.75% Malta Government Stock 2017 (IV) and thereafter shall be deemed to be one Stock.
14. RELEVANT LEGISLATION
The Local Loans (Registered Stock and Securities) Ordinance, (Cap. 161), the Directive by the Minister of Finance, the Economy and Investmentunder articles 31 (a) and (b) and article 32 of the said Ordinance, and the Local Loans (Registered Stock) Regulations, 1959.
Note: The value of the investment may go up and/or down during the tenor of the Stock.
No. 1215
DUTY ON DOCUMENTS AND TRANSFERS ACT (CAP. 364)
Notice in terms of Article 61 (1)
In terms of the proviso to article 61 (1) of the Duty on Documents and Transfer Act, the Director General (Inland Revenue Department) hereby notifies the persons listed hereunder to call at the Capital Transfer Duty Department, 46, Triq il-Merkanti, Valletta, to collect the notices made on such persons.
NameI.D. NumberClaim Number
PSS Holdings LimitedC36359IV 124087
Mizzi Alexander John402702LIV 123773
Libreri David511878MIV124086
No. 1216
NOTICE IN TERMS OF THE PRIVATE GUARDS AND LOCAL WARDENS ACT, 1996 (ACT nO. XIII OF 1996)
THE Commissioner of Police, in terms of article 7 and 8 of the Private Guards and Local Wardens Act, 1996, hereby notifies that the following applications as mentioned hereunder have been received:
Applikazzjoni għal-liċenza bħala Gwardjani Privati
Application for licence of a Private Guard
Isem u kunjomNru. tal-Karta tal-IdentitàIndirizz
Name and SurnameIdentity Card No.Address
Ian Bonnici32587 (G)“Anvin”, Triq Ġużeppi Grech, Xagħra,
Għawdex.
David Vella422958 (M)147, Triq it-Tabib Anton Tabone, Rabat, Għawdex.
Joseph Mario Calleja584990 (M)“Senhora Aparacida”, Triq il-Mitħna, Mosta.
Victor Xerri37962 (G)76, “Heaven” Flat 3, Triq il-Gross, Marsaskala.
Tarcisio Vella119761 (M)51, “Shalom”, Triq l-Oratorju, Naxxar.
Omar Barbara425787 (M)19, “Mirage”, Triq Giovanni Scicluna, Għaxaq.
John Mary Bartolo649251 (M)“Dorjim A”, Triq in-Naxxar, Għargħur.
CarmeloBorg561560 (M)13, Triq San Publju, Sliema.
Matthew Joseph Sciberras465794 (M)7, “Joanne Flats”, Triq it-Turlilt, Buġibba.
Joseph Borg241063 (M)20, “Glenfiddich”, Triq is-Sedqa, Attard.
Christian Farrugia351583 (M)Flat 3, Qasam tal-Bini tal-GvernBlokk J,
Żabbar.
James Coleiro42283 (M)“Redentur”, Triq ix-Xgħir, Żebbuġ.
Bernard Zarb7476 (M)“Sinfonia Park”, Flat 4, Triq il-Fugassa, Baħar iċ-Ċagħaq, Naxxar.
Lee Larrard380677 (M)“Annalise”, Flat 2, Triq San Tumas, Rabat.
Raimondo Thornton460360 (M)80, Dawret ix-Xatt, Xgħajra.
Daniel Galea360090 (M)3, Blokk 8, Qasam tal-Bini tal-Gvern (Rnella), Kalkara.
Edwin Galea371751 (M)5, Ta’ Paris, Blokk C5, Birkirkara.
Emanuel k/a Noel Grech20565 (M)3, “Stefanotis”, Triq Akaċja, San Ġwann.
Ian Borg579678 (M)13, Speranza Court, Flat 2, Triq San Paċifiku,
Mosta.
James Vella97994 (M)Qawra Point, Blokk 4, Flat 19, Qas il-Qawra,
San Pawl il-Baħar.
Raymond Demicoli417466 (M)31, “Ray”, Flat 4, Triq il-Marloċċ, Żabbar.
Any person may, within one month from the publication of this notice, object in writing to the Commissioner about the issue of the above licences on any of the grounds listed in section 10 of the Private Guards and Local Wardens Act, which are:
(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant.
(i) has been convicted in Malta or elsewhere of any crime against the safety of the state, or of any crime of voluntary harm or injury to any person or any crime against property or public trust or any other serious crime; or
(ii) has been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; or
(iii) has been discharged from the police or armed forcesor the prison services because of any offence or other misbehaviour; or
(iv) is a public officer or a member of the police or armed forces or the prison services; or
(b) when information is available which is in the public interest; or
(c) where the applicant does not possess the necessary qualifications as may be prescribed by or under the Act.
No. 1217
GOLDSMITHS AND SILVERSMITHS ACT
CAP. 46
THE Commissioner of Inland Revenue notifies that on the date shown hereunder, the price of gold and silver on which valuations made by the Consuls for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows:–
DatePure GoldPure Silver
GramsGrams
4. 12. 12€43.159 €0.878