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Government Notices published in Govt. Gazette No. 19,385 of 20 February 2015

Date Icon 01/01/2015

No. 151

RESUMPTION OF DUTIES BY THE PRESIDENTOF MALTA

IT is notified for general information that the President of Malta has resumed the functions of the Office of the President on Thursday, 19th February, 2015.
Mrs Dolores Cristina has ceased to perform the functions of President.
20 Frar 2015

No. 152

PUBLICATION OF ACTS IN SUPPLEMENT

IT is notified for general information that the following Acts are published in the Supplement to this Gazette:
Act No. I of 2015 entitled the Drug Dependence (Treatment not Imprisonment) Act, 2015; 
Act No. II of 2015 entitled the Laws (Amendment and Repeal) Act, 2015; 
Act No. III of 2015 entitled the Various Laws (Prevention of Money Laundering and Funding of Terrorism) (Amendment) Act, 2015; and 
Act No. IV of 2015 entitled the Various Laws (Trade Union  Membership of Disciplined Forces) Act, 2015. 
20 Frar 2015

No. 153

CHAMBER OF ARCHITECTS REGULATIONS

S.L. 390.01

 Chamber of Architects and Civil Engineers
IT is notified for general information that, in accordance with Article 3 of the Chamber of Architects Regulations (S.L. 390.01), the Council of the Kamra tal-Periti (Chamber of Architects and Civil Engineers) is composed as follows:
President
Perit Christopher Mintoff
Vice President
Perit Stephanie Cassar
Honorary Secretary
Perit Amber Wismayer
Members
Perit Stephen Farrugia
Perit Ian Camilleri Cassar
Perit Sandro Cini
Perit Chris Grech
Perit Anthony Bezzina
Perit Anthony Fenech Vella
Perit Andre Pizzuto
Perit Damian Vella Lenicker
20 Frar 2015

No. 154

MALTA ENVIRONMENT AND PLANNING AUTHORITY

Notification of Exemption of Environmental Planning Statement
IN conformity with Regulation 3(8) of the Environmental Impact Assessment Regulations (Legal Notice 114 of 2007), 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 proposal does not require the preparation of 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:
Reference Number: TRK150300
Location: General Soft Drinks, Triq l-Imdina/Triq il-Vitorja/Triq Alexandra, Ħal Qormi
Proposal: Demolition of existing buildings and construction of apartments, garages for private use and showrooms/retail outlets
The following potential environmental impacts were identified and mitigation measures proposed in the Project Description Statement (PDS) submitted to MEPA on the 13th October 2014 and the justification for proposal from carrying out an Environmental Impact Assessment (EIA) submitted on 22nd January 2015.
Potential ImpactsRemarks on mitigation measures, etc.
Air Quality
The significance or otherwise of traffic-induced air quality impacts is not clear.  An air quality study is being requested to identify the impacts likely to be generated through traffic.  
Dust emissions during construction are transient, and can be reasonably mitigated through standard measures in accordance with the Construction Site Management Regulations, 2007.
Noise
Noise during site clearance, excavation and construction may affect the nearby residences. Noise abatement measures in accordance with the Construction Site Management Regulations, 2007 shall further minimise the impact.
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 in relative terms.  Whenever possible and depending on the geological properties of the site, it is recommended that excavated rock is reused. Remaining construction waste and municipal solid waste produced during operation will be disposed of in accordance with established waste management procedures.
Light pollution
During night time, lighting from the project is envisaged. Nevertheless, light emissions above the current baseline situation may be reduced by limiting nocturnal lighting to the minimum required for security purposes, and through use of appropriate luminaries.
Notwithstanding the above, the Malta Environmental and Planning Authority reserve the right to request the applicant to submit additional information as may be necessary to determine the application.   
20 Frar 2015

No. 155

MALTA ENVIRONMENT AND PLANNING AUTHORITY

Notification of Exemption of Environmental Planning Statement
IN conformity with Regulation 3(8) of the Environmental Impact Assessment Regulations (Legal Notice 114 of 2007), 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 proposal does not require the preparation of 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:
Reference Number: TRK. 157522 (EA 00001/15)
Location: Soft Stone Quarry, 23, Triq Il-Belt Valletta, Mqabba, Malta
Proposal: To construct Class 5a industrial garages.
The following potential environmental impacts were identified and mitigation measures proposed in the Project Description Statement (PDS) submitted to MEPA on the 12th November, 2014, and the justification for proposal from carrying out an Environmental Impact Assessment (EIA) submitted on 26th January 2015.
Potential ImpactsRemarks on mitigation measures, etc.
Waste generation
No significant impacts are envisaged  during the construction phase, given that: (i) the excavation waste will be cut in dimensioned franka stone and would be sold for re-use; and (ii) the amount of construction waste would be kept to a minimum and re-used, when possible.
No significant amounts of solid wastes shall be generated during operations, however appropriate precautions are being recommended by the Directorate to be included in the Development Planning Application.  The management of waste is subject to the provisions laid out in the Waste Management Regulations (Legal Notice 184 of 2011, as amended).
Impact on water
Potential spillages during the construction phase can be mitigated through the proper application of appropriate mitigation measures identified in the Environmental Management Construction Site Regulations, 2007 (Legal Notice 295 of 2007, as amended), combined with other relatively standard permit safeguards for industrial developments. Applicant is to follow the recommendations provided through a detailed Construction Management Plan (CMP).
During operation, a combination of standard design-based and operational measures should be sufficient to ensure that there are no risks of contamination of land or water from releases of pollutants. It is envisaged that such measures will be duly factored directly into the mainstream development permitting and environmental permitting mechanisms.
Notwithstanding the above, the Malta Environmental and Planning Authority reserve the right to request the applicant to submit additional information as may be necessary to determine the application.   
20 Frar 2015

No. 156

LOCAL COUNCIL EXECUTIVE SECRETARY

IT is hereby notified for general information that the following person has been appointed Executive Secretary of that Local Council with effect from the 17th February, 2015:
Local Council               Executive Secretary
Ħad-Dingli              Joan Mangion
20 Frar 2015

No. 157

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT

CAP. 55

Appointment of Notary Delegate/Keeper
IT is hereby notified that in exercise of the powers conferred by Article 20 of the Notarial Profession and Notarial Archives Act, the Court of Revision of Notarial Acts has appointed Notary Dr Mark Zaffarese to be Notary delegate and keeper of the acts for Notary Dr Cory Greenland, for the period between the 14th May, 2015, and the 6th June, 2015.
Today, 16th February, 2015
JANET CALLEJA
For the Registrar, Court of Revision of Notarial Acts

No. 158

ENVIRONMENT AND DEVELOPMENT PLANNING ACT, 2010

ARTICLE 81

De-Scheduling of Property
WITH reference to Government Notice No. 1268 (Government Gazette No. 19,356 of 12th December, 2014), the following correction is being made:
With reference to Government Notice No. 349 (Government Gazette No. 17,086 of 20th April, 2001), the Malta Environment and Planning Authority declares that it is excluding from the list of scheduled property, in terms of Article 81 of the Environment and Development Planning Act, 2010, the following property mentioned hereunder, (as shown on site plan on page 1255) originally scheduled as Grade 3, namely:-
210, Triq ix-Xatt (formerly Triq il-Marina), Pietà
On 7th November, 2014, the Prime Minister endorsed the removal of this property from the list of scheduled property.
The Malta Environment and Planning Authority will exercise its powers of enforcement, as set out in Articles 81 and 86 to 90 of the Act, in the case of any contravention to the provisions of the Environment and Development Planning Act as regards to Scheduled Property.

No. 159

LOCAL COUNCILS’ ELECTION

L-IMQABBA
Declaration of Result of a Casual Election
WE, the undersigned, Electoral Commissioners at the Casual Election of a Councillor, held on the 16th February, 2015, to fill the seat vacated by Briffa Nicholas, an elected Councillor for the locality of L-Imqabba, do hereby give notice that the ballot papers in the sealed parcel of the vacating Councillor were duly examined and transferred according to the validly nominated candidates and that the result is as shown hereunder:–

No. 160

MALTA TREASURY BILLS ACT

CAP. 133

Notice of Issuance Calendar
The following calendar shows the tenor of individual weekly issues of Treasury bills for the month of March 2015 and is published by the Accountant General in terms of regulation 5 of the Malta Treasury Bills (Dematerialisation) Regulations, 2007 of Legal Notice No. 59 of 2007: 

No. 161

GOVERNMENT PROPERTY DEPARTMENT

Scheme for the Sale of Government-Owned Garages Held on Lease, or Built on Land Granted on Temporary Emphyteusis situated within Housing Estates located in Malta and Gozo
THE Government Property Department notifies tenants of government-owned garages and emphyteutaes who were granted government owned sites for the building of garages, in various Housing Estates around Malta and Gozo, that they may apply to purchase the said garages, or the Directum Dominium of the land held by them on emphyteutical terms, in accordance with the following scheme:
Scheme Conditions
I. Garages held on lease
1. Only persons recognised as tenants by the Government Property Department are eligible to apply;
2. The airspace above the garage is not to be included in the sale;
3. In order to qualify under this scheme, the footprint and height of the garage have to be in accordance with the original Lease Agreement;
4. The value of each garage will be calculated at a fixed rate of €310 per cubic metre;
Leased garages which are built on land which is not fully government-owned, and or is still in course of acquisition, cannot be considered under this scheme.
II. Garage Sites held on Temporary Emphyteusis
1. Only persons recognised as emphyteutae by the Government Property Department are eligible to apply;
 2. The airspace above the garage is not to be included in the sale;
3. In order to qualify under this scheme, the footprint and height of the garage have to be in accordance with the original Deed of Emphyteusis;
4. The value of the garage will be calculated at a standard rate of €200 per cubic metre, discounted where applicable by the following multiplying factor:
Number of years remaining until Applicable factor
the expiry of the emphyteutical 
concession
0 to 5 years1
6 to 10 years0.9
11 to 15 years0.8
16 to 20 years0.7
20 to 40 years0.6
40 + years0.5
5. In cases where:
a) a garage has a larger footprint than the original site granted; or
b)     siting of garage has been shifted to a site which does not form part of the original concession; or
c) the garage has been built to a height which exceeds the permitted limit emphyteuta is still  eligible to apply to purchase the Directum Dominium of the garage site, but has to pay a one-time penalty fee of one thousand euro (€1,000), apart from the computed value. However, this sale would be made without any prejudice to any other permits which would have to be obtained in order for applicant to regularise his position at law and save any third party civil rights.
Other Scheme Conditions
The sale of garages/Directum Dominium will only be proceeded with, if any outstanding rent/ground rent are settled in full, prior to the signing of the relative deed of sale.
Since garages are being sold without their airspace, a condition regulating existing and prospective servitudes will have to be included in the Deed of Sale.
Prospective buyers will not be allowed to re-sell the garages acquired under this scheme before the lapse of two years from the date of the relative Deed of Sale, without the permission of the Government Property Department.
In all cases, the decision to sell or otherwise the garage/Directum Dominium, remains always at the sole discretion of the Government Property Department.
Application Forms
Each Application Form submitted for the purchase of a garage or the Directum Dominium of a garage site, must be accompanied by:
a) Copy of the last paid rent and/or ground rent receipt;
b) A detailed plan to a scale 1:100  showing the facade of the garage, internal layout of the garage and including a sectional drawing of the garage, duly authenticated by an Architect;
c) A copy  of the property plan issued by the Land Registry, duly authenticated by an Architect;
d) Copies of plans are to be also forwarded on a CD in ACAD 2011 format;
e) A minimum of 2 photos that show the facade and the side elevation where possible of the garage;
f) Copy of ID Cards of applicant/s.
Application forms for this Scheme may be obtained as from Monday 23rd February 2015, from the Customer Care Office, Government Property Department, Auberge de Bavière, Valletta, from Monday to Friday between 8.30 a.m. and noon. Applications may also be downloaded from the website of the Government Property Department at (www.gpd.gov.mt​).
A non-refundable administrative fee of one hundred fifty euro (€150) is payable with each application on the day of submission.
Application forms duly filled in are to be delivered by hand to the Customer Care Offices of the Government Property Department by not later than noon of Monday, 29th February, 2016. An acknowledgement will be issued on submission.
20 Frar 2015

No. 162

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
20.02.2015€34.423€0.495
20 Frar 2015