Government Notices published in Govt. Gazette No. 19,352 of 5 December 2014

ITis notified for general information that the following Bill is published in theSupplement to this Gazette:

BillNo. 80 entitled the Value Added Tax (Amendment) Act, 2014.

It is notified forgeneral information that the President of Malta has been pleased to approvethat the Explosives Committee, appointed in terms of Article 23 (1) of theExplosives Ordinance (Cap. 33) be constituted up to 31st December 2015, asfollows:

Chairperson

The Commander, Armed Forces of Malta or his representative

Members

The Commissioner of Police or his representative;

The Head of the Civil Protection Department or his representative

THEPermanent Secretary in the Ministry for Finance has approved the followingacting appointment:–

NAME                                      POSITION                                               DEPARTMENT                        DATE

MrAlbert Zahra                   AccountantGeneral           Treasury                                                02-05.12.14         

Rural Leases Control Board

In exercise of the powers conferred by article 5 of the AgriculturalLeases (Reletting) Act, the Prime Minister has appointed the following personsto constitute the Panel of Architects and Civil Engineers for the purposes ofthe said Act for a period of two years with effect from 19th April, 2014, andMr Anthony Mifsud, HND (Agric) and Mr Anthony Borg as persons competent andknowledgeable in agricultural matters for the purposes of the said Act for thesame period:

Appointment of Panel Members

Official Curators and Advocatesfor Legal Aid

It is notified for general informationthat Dr Benjamin Valenzia, LLD, has been appointed Official Curator andAdvocate for Legal Aid (Malta), for the period between 27th November, 2014 and26th November, 2015.

Appointment of Mediators

IN exercise of the powers vested in him by Article 89 of the Code ofOrganisation and Civil Procedures (Cap. 12) and Legal Notice 397 of 2003,Regulation 3 (1) (a) (ii), the Minister for Justice, Culture and LocalGovernment has appointed the undermentioned as Mediators in the Family Court.This appointment is valid until 30th November 2015.

Ms Erika Cutugno

Ms Carmen Delicata

Ms Antoinette Gatt Rutter

Mr Godwin Genovese

Ms Caroline Mallia

Dr Barbara O’Brien

Mr Julian Sant Fournier

Ms Consiglia Bonello

Ms Charlene Bonnici

Ms Veronica Zammit

Replacementof Member on the CompensationSchemesManagement Committee

ITis hereby notified that, in terms of regulations 3 and 5 of the DepositorCompensation Scheme Regulations, 2003, published by Legal Notice No. 369 of2003, the Malta Financial Services Authority has appointed Mr Oliver Bonello asmember of the Compensation Schemes Management Committee in lieu of Mr RenèSaliba. This appointment is effective from 3rd November, 2014 until 31stDecember, 2015.              

Replacementof a Member on the CompensationSchemesManagement Committee

ITis hereby notified that, in terms of regulations 3 and 5 of the InvestorCompensation Scheme Regulations, 2003, published by Legal Notice Nru. 368 of2003, the Malta Financial Services Authority has appointed Mr Oliver Bonello asmember of the Compensation Schemes Management Committee to replace Mr RenèSaliba. This appointment is effective from 3rd November, 2014 until 31stDecember, 2015.

ITis hereby notified for general information that the following person has beenappointed Acting Executive Secretary of that Regional Committee with effectfrom the 20th November 2014:

Regional Committee               Acting Executive Secretary

Gozo                                       Ian PaulBajada                

Government Grant on the Purchaseof Environment-Friendly Vehicles

TheMinistry for Transport and Infrastructure in conjunction with Transport Maltawill be launching another grant scheme to incentivise the purchase of new M1motor vehicles whilst at the same time reducing the number of old motorvehicles from the road.

Subjectto various conditions, the amount of the grant shall be either €700 or €900,which shall be given upon the purchase of a new motor vehicle M1 that qualifiesfor the grant scheme whilst at the same time de-registering a vehicle in thesame category.

Thescheme commences on the 1st December, 2014, on a first come first serve basis.

THESCHEME

1.Interpretation

Forthe purpose of the scheme, unless the context otherwise requires:

‘applicant’means the person applying for the grant under this scheme and who, apart frombeing a person residing in Malta, is the purchaser of a new M1 vehicle asdefined hereunder,

‘application’means the application made for a grant under this scheme;

‘Authority’means the Authority for Transport in Malta set up under the provisions of theAuthority for Transport in Malta Act (Cap. 499);

‘seller’means an agent or dealer as defined under this scheme;

‘certificateof conformity’ means the document set out in Annex IX of Directive 2007/46/EC,issued by the manufacturer and certifying that a vehicle belonging to theseries of the type approved in accordance with that Directive complied with allregulatory acts at the time of its production;

‘vehicleregistration certificate’ means the vehicle registration certificate issued by theAuthority providing proof of registration of the motor vehicle.

‘CO2emissions’ means the level of carbondioxide emissions for a vehicle measured in accordance with Directive80/1268/EEC as amended andcontained in the relevant EC type-approval certificate or certificate ofconformity, and where the vehicle is not type-approved, for that particularvehicle the emissions level contained in a document acceptable to theAuthority;

‘authorisedtreatment facility’ has the same meaning as assigned to it in the Registrationand Licensing of Motor Vehicles Regulations (SL368.02);

‘grant’means the grant being given under this scheme to the purchaser of a motorvehicle which satisfies the requirements of paragraph 4 (ii);

‘Malta’means the islands of Malta;

‘Minister’means the Minister responsible for transport;

‘dealer’or ‘agent’ means a person or entity authorised to import, sell or buy motorvehicles;

‘person’means a natural person;

‘personresiding in Malta’ means a natural person who either holds a legally valididentification document issued in terms of the Identity Card and other IdentityDocuments Act (Cap. 258) or who has a residence permit or a letter issued fromthe expatriate office at the Ministry of Foreign Affairs;

‘registeredowner’ means the person in whose name a motor vehicle is registered by theAuthority;

‘MemberState’ means a Member State of the European Union;

‘registrationtax’ means the registration tax charged and levied in terms of the MotorVehicles Registration and Licensing Act (Cap. 368);

‘de-registered’means, for the purpose of this scheme, the permanent removal of a motor vehiclefrom its registration with Transport Malta and thereafter, that motor vehicleshall never be registered again to be used on the road in Malta;

‘EuropeanUnion’ has the same meaning as is assigned to it by article 2 of the EuropeanUnion Act (Cap. 460), and includes Norway, Iceland and Liechtenstein;

‘privateuse’ means any use other than for hire or reward or financial gain;

‘newmotor vehicle’ means an M1 vehicle which has never been registered in anycountry;

‘usedmotor vehicle’ means a motor vehicle that has been registered;

‘de-registeredvehicle’ means a motor vehicle which has been de-registered;

‘M1vehicle’ means, for the purpose of this scheme, a new motor vehicle used forthe carriage of persons and which may carry no more than eight passengers inaddition to the driver, the CO2 emissions of which do not exceed130g/km and its length does not exceed 4,460mm as certified on the certificateof conformity, and is licensed for private use only;

‘purchaser’means the person buying the new vehicle from another country or from the localagent or dealer, having that vehicle registered in his name and being theapplicant for the grant under this scheme;

2. Area of applicability

2.1 The scheme applies to a grant ofeither €700 or €900 for the purchase of an M1 vehicle applies to a personresiding in Malta who:

(i) owns an M1 vehicle which is at least10 years old from year of manufacture, provided that such vehicle;

(a) shall have been registered, garagedor licensed with the Authority in the applicant’s name prior to the 18thNovember 2014,

(b) shall continue to be so registered,garaged or licensed until the date of application for the grant, and

(c) is de-registered at the time of theregistration of the new vehicle;

or

(ii) did not have any motor vehicle (M1category) registered, garaged or licensed in his name with the Authority on the18th November 2014, but who has acquired and has registered, garaged orlicensed in his name with the Authority an M1 vehicle which is at least 10years old from year of manufacture after that date, provided that it isde-registered at the time of the registration of the new M1 vehicle

2.2.A grant of

a)€900 will be given to persons registering a new M1 vehicle with CO2 emissionlevels up to 100g/km,

b)€700 will be given to persons registering a new M1 vehicle with CO2 emissionlevels between 101 and 130g/km and

Every eligible person shall be entitledto only one grant under this scheme.

3. Manner of application andsupporting documents

(i) An application for a grant underthis scheme shall be made by the purchaser following the issue of an invoice bythe agent/dealer to the purchaser, in the form set out in  the schedule to this scheme and shall containall the information, details and documents as required in the said form and in terms of this scheme.

(ii) Applications shall be accompaniedby the following documents:

(a) the Invoice issued by theagent/dealer to the purchaser, detailing the full name and identity number ofthe purchaser, together with the chassis number;

(b) copy of the Certificate ofConformity, or a signed declaration by the agent/dealer detailing the chassisnumber, CO2 emissions, length and Euro standard of the vehicle;

(c) copy of a legally valididentification document of the applicant or a residence permit or letter issuedby the expatriate office;

(d) declaration by the purchaser statingthe amount of grant received from Transport Malta (applicable only where thevehicle has been imported or brought by the purchaser);

(e) a temporary destruction certificateissued by the approved destruction facility certifying that the vehicle hasbeen destructed in the approved destruction facility.

(iii) Applications under this scheme,together with all the relevant documents, shall be  submitted or sent by the agent or dealer onbehalf of the applicant to the Vehicle Licensing Unit, Hornworks Ditch,Floriana, Hall C, between 7.30 a.m. and 3.00 p.m. during working days, togetherwith all other relevant documents required for the
 registration of the vehicle.

4. Eligibility

(i) To be eligible, an applicant shallconform to sub-section 2.1 or 2.2 of Section 2.

(ii) To qualify, the new (M1) motorvehicle shall:

(a)be Euro Standard 5b ( character J or K ) or 6b ( character T or W ) inaccordance with Regulation (EC) 692/2008 as certified on the Certificate ofConformity;

(b)have CO2 emissions which do not exceed 130 g/km as certified on theCertificate of Conformity;

(c)have a length that does not exceed 4,460mm as certified on the Certificate ofConformity;

(d)not have been registered before the 1st December 2014;

(e)be licensed for private use.

(iii)To qualify, the motor vehicle to be de-registered shall:

(a) be at least ten (10) years old onthe date of application, the age of the vehicle being determined as thecalendar year as on the date of application less the year of manufacture ascertified on the vehicle registration certificate;

(b) have been registered, garaged orlicensed with the Authority in the name of the applicant on the date ofapplication, as shown on the vehicle’s registration certificate or as confirmedby the Authority;

(c) be de-registered prior to theregistration of the new vehicle;

(d) once de-registered, the motorvehicle shall be destroyed in accordance with the provisions of Part VIII ofthe Registration and Licensing of Motor Vehicles Regulations (SL368.02).

(iv) To qualify, an applicant shall nothave benefitted from the grant schemes on the purchase of moreenvironment-friendly cars which were in force between 2010 and 2014 andincluding the Government Grant on the purchase of Electric Vehicles.

(v) The grant given to the purchasershall not be assessed as income for income tax purposes.

5. Payment of Grant

Where an applicant qualifies for thegrant, the grant shall be deducted by Transport Malta from the total amount ofregistration tax due on that particular vehicle being registered in the name ofthe purchaser. The registration tax will then be topped up with the equivalentamount by means of a transfer.

The grant would also be payable when thecustomer enjoys an exemption from registration tax and, in such a case,separate financial arrangements are made.

6.Validity of application

An application shall not be deemed tohave been submitted by the applicant unless it is completed in full and isaccompanied by all the relevant documents. If the application is not completedcorrectly and the relevant documents are not included, the claim for the grantshall not be processed unless the missing information is provided. TheAuthority shall write to the applicant advising him of the informationrequired.

7. Refundof grant if the vehicle is transferred

The new motor vehiclepurchased by the applicant for the grant shall remain registered in his namefor a period of at least thirty-six (36) months from the date of firstregistration. If the registered owner of a new motor vehicle on which a granthas been provided under this scheme transfers the said vehicle, for any reasonother than a transfer causa mortis to a heir, to a third party beforethe expiry of the thirty-six month period, then that person shall refund thegrant received to the Authority.

8. Duration of scheme

This scheme shall remain into force fora maximum period of twelve months beginning on the 1st December, 2014 unlessmodified or terminated beforehand by a Notice in the Government Gazette. Thescheme shall be automatically terminated when the total amount of the grantsreach the amount of €500,000. Notwithstanding, Government may terminate thescheme at any time by giving prior notice.

The scheme may be renewed as deemednecessary by the Minister by a Notice in the Government Gazette.

9. Amendments to the scheme

The Minister responsible for transportshall have the right to make any amendments to this scheme by a Notice in theGovernment Gazette.

10. Fraudulent claims

Wherea fraudulent claim arises, the Minister responsible for transport may institutecriminal proceedings against those responsible. In the event of an incorrectpayment of a claim, the Ministry responsible for transport reserves the rightto recover funds paid in error.

11.VAT refunds

Persons who receive a grant under thisscheme shall not be eligible for any VAT refunds on the purchase of the newvehicle on which such a grant has been paid.

The Commissioner of Police, in terms of sections 7 and 8 ofthe Private Guards and Local Wardens Act, 1996 hereby notifies that thefollowing applications as mentioned hereunder have been received:

Anyperson may, within one month from the publication of this notice, object inwriting to the Commissioner about the issue of the above licences on any of thegrounds listed in section 10 of  thePrivate Guards and Local Wardens Act, 1996, which are:

(a)where the applicant or any officer of the applicant or any person who has aneffective 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 crimeagainst 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 forces or the prison servicesbecause of any offence or other misbehaviour; or

(iv)is a public officer or a member of the police or Armed Forces or the prisonservices; 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 beprescribed by or under the Act.

Triq it-Tamar and Triqil-Fugass, San Pawl il-Baħar

Triq Brydone, Ta’ Ġiorni,San Ġiljan

Triq George Martin, Mqabba

Triq il-Konti Re Barbaro,Ħ’Attard

Triq Patri AndreaAzzopardi, Ħaż-Żebbuġ

In virtue of Article fourteen (14) of Legal Notice No. 39 of2010, the Authority for Transport in Malta hereby notifies officially of itsintention to complete the formation of:

Part of Triq it-Tamar and Triqil-Fugass, San Pawl il-Baħar (indicated on the site plan on page 13,645);

Part of Triq Brydone, Ta’Ġiorni, San Ġiljan (indicated on the site plan on page 13,646);

Triq George Martin, Mqabba(indicated on the site plan on page 13,647);

Part of Triq il-Konti ReBarbaro, Ħ’Attard (indicated on the site plan on page 13,648);

Triq Patri Andrea Azzopardi,Ħaż-Żebbuġ (indicated on the site plan on page 13,649);

Any person who is obliged by law to form saidroads  (including by acquiring landnecessary for the same formation) has fifteen days from the date of thepublication of this notice within which to comply with his obligations at law.In default, the Authority for Transport in Malta shall itself proceed with theformation of these roads in accordance with its powers at law and at theexpense of those persons whose obligation it is to form the roads. 

Notice of Issue of new shares in favour of the Government of Malta

In accordance withArticle 3(4) of the Enemalta (Transfer of Assets, Rights, Liabilities andObligations) Act, the Minister for Energy and Health, hereby notifies that newshares in favour of the Government of Malta as its shareholder in the  public limited liability company Enemaltaplc, registered under the laws of Malta and bearing company registration numberC65836 have been issued on the following terms and conditions:

Date of allotment of                       27th August, 2014

shares

Description of shares                      OrdinaryA Shares

Number of shares allotted             199,953,001(one hundred

and ninety-nine million, nine hundred andfifty-three thousand and one)

Nominal value of each                   €1 each

share

Extent to which each                      Fully paid-up

share is to be treated

as paid up

Schedulingof Property

Mġarrand Żebbiegħ

TheMalta Environment and Planning Authority is hereby declaring the followingproperties (see maps on pages 13,652 to 13,659) asincluded in the List of Scheduled Property in terms of Article 81 of theEnvironment and Development Planning Act as follows.

1.The Area of Archaeological Importance, already scheduled as per G.N. 764/98 interms of Structure Plan Policy ARC1 and ARC2, is being extended as indicated onMap A, shown on page 13,652.

2.The extent of the following sites, which are already scheduled as per G.N.764/98, is being extended on the basis of recent discoveries and studies, asindicated on plans shown on page 13,653.

Ta’Haġrat Neolithic Temples, Mġarr (Malta) (Site 5, Map 1a)

3.Sites 5 to 24 (Maps 1a to 1f), which are already scheduled as per G.N. 764/98,are being defined more accurately on the basis of recent discoveries andstudies, as indicated on pages 13,654 to 13,659.

4.The scheduling status of the remaining sites already scheduled in G.N. 764/98(Sites 1 to 4, Maps 1a-1f) is hereby being confirmed as existing.

5.On the basis of Structure Plan Policies ARC1, ARC2, ARC6 and ARC7 and LocalPlan Policy NWCO4, the Authority declares Sites 25, 26, 28 to 49, 52 to 56, 59to 65, 67 to 71, 75 and 76 on Maps 1a-1f as on pages 13,654to 13,659 as scheduled Class B sites ofarchaeological importance.

6.On the basis of Structure Plan Policy UCO 7, the Authority declares Sites 27,50, 51, 57, 58, 66, 72, 73 and 74 on Maps 1a-1f (as shown on pages 13,654to 13,659) as scheduled Grade 2 buildings.

7.In line with Structure Plan Policy ARC7, all the undiscovered archaeologicalstructural and funerary remains and deposits within the Mġarr and Żebbiegħ Areaof Archaeological Importance are designated as Class B in terms of StructurePlan Policy ARC 2 and Local Plan Policy NWCO4.

Amendment

WITH referenceto Government Notice No. 66 dated 19th January, 1999, under the title of‘Renumbering of Doors at Santa Venera’, the following amendment should be made.

THE Commissioner of Inland Revenuenotifies that on the date shown hereunder, the price of gold and silver onwhich valuations made by the Consuls for Goldsmiths and Silversmiths are basedhas been fixed for the purposes of article 14 of the said Act as follows:–

Date                                   Pure Gold                                     Pure Silver

                                                Grams                                            Grams

5.12.2014                            €31.661                                          €0.453

ITis notified that in exercise of such powers as provided by Article (3) of theCommissioners for Oaths Ordinance (Cap. 79) the the Minister for Justice,Culture and Local Government appointed as Commissioner for Oaths, whilstperforming such functions and as long as they continue in that capacity, and/orfor the period indicated in the same appointment, whichever is the earlier, theundermentioned:

National Statistics Office

MrJoseph Bonello

Trasport Malta

MrEmanuel Zammit

                                                                 By Authority

                                                                OwenBonnici

                                                      Minister for Justice, Culture

                                                        and Local Government