Government Notices published in Govt. Gazette No. 20,297 of 19 November 2019

IT is notified for general information that the President of Malta has resumed the functions of the Office of the President on Sunday, 17th November, 2019.

Mrs Dolores Cristina has ceased to perform the functions of President.

IT is notified for general information that, acting on the advice of the Prime Minister, the President of Malta has directed that the Hon. Chris Fearne, MD, FRCS(Ed), MP, Deputy Prime Minister and Minister for Health, assumes the additional duties of Prime Minister, on Monday, 18th November, 2019, during the absence from Malta of the Hon. Joseph Muscat, KUOM, BCom., BA (Hons), MA (European Studies), PhD (Bristol), MP.

IT is notified for general information that the Hon. Joseph Muscat, KUOM, BCom, BA(Hons), MA (European Studies), PhD(Bristol), MP, resumed duties as Prime Minister on Monday, 18th November, 2019, and that the arrangements made by Government Notice No. 1473 of the 15th November, 2019, ceased to have effect accordingly. 

IT is notified for general information that the following Legal  Notices  were  published  in  the  Supplement  to  the Government Gazette No. 20,293 of the 12th November, 2019, and 20,296 of the 15th November, 2019, respectively.

L.N. 296 of 2019: Data Protection Act (Cap. 586); Transfer of Personal Data to Third Countries (Revocation) Order, 2019.

L.N. 297 of 2019: Data Protection Act (Cap. 586); Notification and Fees (Data Protection Act) (Revocation) Regulations, 2019.

L.N. 298 of 2019: Data Protection Act (Cap. 586); Third Country (Data Protection Act) (Revocation) Regulations, 2019.

L.N. 299 of 2019: Eco-Contribution Act (CAP. 473); Eco-Contribution (Exemptions) (Amendment) Regulations, 2019.

L.N. 300 of 2019: Criminal Code (Cap. 9); Criminal Procedure (Regulation of Registries, Archives and Functions of Director General (Courts) and Other Court Executive Officers) (Amendment) Regulations, 2019.

L.N. 301 of 2019: Public Finance Management Act (Cap. 601); Public Procurement (Amendment No. 2) Regulations, 2019.

Article 69 of the Environment Protection Act (Cap. 549)

Regulation 17A of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44)

THE Environment and Resources Authority is of the opinion that the following site, namely:

The Solution Subsidence Structure in Tal-Mensija

(as indicated in Figure 1 on page 24,712), hereafter referred to as “the site”, is of geological, geomorphological and physiographic importance and due to the natural features within the mentioned site is hereby issuing a Conservation Order and a Protection Notice.

The Authority is of the opinion that the site will benefit from further conservation and protection measures and, by virtue of its powers under Article 69 of the Environment Protection Act (Cap. 549) and by virtue of Regulation 17A of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44), through which it may make, in respect of any site endowed with natural features, a Conservation Order and a Protection Notice to contribute towards ensuring the conservation and protection of geological, geomorphological and physiographic features, the Authority is hereby issuing a Conservation Order and a Protection Notice in respect of the above site.

1. The Special Area of Geological Importance bearing the name “the Solution Subsidence Structure in Tal-Mensija” reference code GEO 001, as delineated in the site map in Figure 1, is hereby being declared as a protected area.

2. The aim of this Conservation Order and Protection Notice is to conserve and protect the geology and geomorphology of the site and to maintain in an integral way the geological, geomorphological and physiographic features of it.

3. The site contains two protection zones, as delineated in Figure 1. Prior permits from the Authority are required for any interventions within these two zones that involve the cutting into or excavation of rock, or construction of foundations within the rock: 

i. The Core Zone, which includes the solution subsidence structure and cave, is strictly protected and the Authority shall only grant a permit after having ascertained that such activities do not negatively affect the geological, geomorphological and physiographical integrity of the site;

ii. The Buffer Zone is protected and the Authority shall only grant a permit after having ascertained that such activities do not significantly affect the geological, geomorphological and physiographical integrity of the site. 

4. No person shall carry out any intervention, operation or activity which can negatively affect the geological, geomorphological and physiographical integrity of the site.

5. Without prejudice to paragraph 3 and 4, before any permit is granted by regulatory entities for an intervention, operation or activity which is or forms part of a plan or project which: 

(i) is not directly connected with or necessary to the protection of the site, or its management; and or

(ii) may have a significant effect on the geological, geomorphological or physiographical integrity of the site, either individually or in combination with another plan or project,

the Authority shall make, require or oblige the applicant to make an assessment of the relevant impacts and implications on the site. 

6. The Authority may also impose any mitigation measures and any conditions as it may deem fit and appropriate.

7. The Authority shall take all the necessary measures to maintain the geological, geomorphological and physiographical integrity of the site. 

DECLARATION BY THE LANDS AUTHORITY

I hereby declare that the undermentioned land, which is Government property, is required for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta. 

Description of the Land

The following land at Ħal Luqa:

A plot of land measuring about 184 square metres, bounded on the North, East and West by property of the Joint Office and is registered on Authority records as part of tenement number J490159_4.

The above-mentioned land in Triq l-Avjazzjoni, Ħal Luqa, is being terminated for the construction of a pedestrian bridge.

The above-mentioned land is shown marked with the colour blue on plan P.D. 2019_0575, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) JUDGE EMERITUS C. FARRUGIA SACCO

Chairman Lands Authority

DECLARATION BY THE LANDS AUTHORITY

I hereby declare that the undermentioned land, which is Government property, is required for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta. 

Description of the Land

The following land at Birkirkara:

A plot of land measuring about 5,043 square metres, bounded on the North, West and North West by property of the Joint Office and is registered on Authority records as tenement number J53136.

The above-mentioned land in Sqaq it-Torri, Birkirkara, is being terminated for parking purposes for use by the hospital.

The above-mentioned land is shown marked with the colour red on plan P.D. 2019_0191, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) JUDGE EMERITUS C. FARRUGIA SACCO

Chairman Lands Authority

DECLARATION BY THE LANDS AUTHORITY

I hereby declare that the undermentioned land, which is Government property, is required for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta. 

Description of the Land

The following land at Birkirkara:

A plot of land measuring about 1,319 square metres, bounded on the North and North East by property of the Joint Office and on the South by a public road or more precise boundaries and is registered on Authority records as tenement number J52945.

The above-mentioned land in Sqaq it-Torri, Birkirkara, is being terminated for parking purposes for use by the hospital.

The above-mentioned land is shown marked with the colour red on plan P.D. 2019_0191, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) JUDGE EMERITUS C. FARRUGIA SACCO

Chairman Lands Authority

DECLARATION BY THE LANDS AUTHORITY

I hereby declare that the undermentioned land, which is Government property, is required for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta. 

Description of the Land

The following land at Birkirkara:

A plot of land measuring about 6,100 square metres, bounded on the North by a public road and on the South by property of the Joint Office or more precise boundaries and is registered on Authority records as tenement number J42941.

The above-mentioned land in Sqaq it-Torri, Birkirkara, is being terminated for parking purposes for use by the hospital.

The above-mentioned land is shown marked with the colour red on plan P.D. 2019_0191, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) JUDGE EMERITUS C. FARRUGIA SACCO

Chairman Lands Authority

DECLARATION BY THE LANDS AUTHORITY

I hereby declare that the undermentioned land, which is Government property, is required for a public purpose in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta. 

Description of the Land

The following land at Birkirkara:

A plot of land measuring about 1,800 square metres, bounded on the North, East and South by property of the Joint Office or more precise boundaries and is registered on Authority records as tenement number J52946.

The above-mentioned land in Sqaq it-Torri, Birkirkara, is being terminated for parking purposes for use by the hospital.

The above-mentioned land is shown marked with the colour red on plan P.D. 2019_0191, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) JUDGE EMERITUS C. FARRUGIA SACCO

Chairman Lands Authority

Strategic Environmental Assessment for the Single-Use Plastic Products Strategy for Malta 2020-2030 - Rethink Plastic

IN terms of Regulation 4(7) of ‘Strategic Environmental Assessment Regulations of 2010’ (S.L. 549.61), the Environment and Resources Authority notifies that the SEA Screening Template for the Single-Use Plastic Products Strategy for Malta 2020-2030 - Rethink Plastic has been drafted in order to assess whether this Strategy requires the preparation of a Strategic Environmental Assessment. In accordance with the SEA screening template, the Single-Use Plastic Products Strategy for Malta 2020-2030 - Rethink Plastic does not require a Strategic Environmental Assessment. The SEA Screening Template can be found on the following website (https://era.org.mt/en/Documents/SUPS%20SEA%20Screen.pdf).

IN ORDER to encourage the use of clean means of transport while, at the same time, encouraging physical exercise, the Minister for Finance has made the following scheme.

1.  Interpretation

In this scheme, unless the context otherwise requires:

‘applicant’ means the registered company or registered self employed person applying for the grant under this scheme and who is the purchaser of bicycles or pedelec bicycles and that offers such bicycles for hire;

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

‘effective date’ means 1st January 2020;

‘grant’ means the grant being given under this scheme to the purchaser of a bicycle or pedelec bicycle which satisfies the requirements of paragraph 4;

‘fiscal receipt’ means a receipt as defined in the Thirteenth Schedule to the Value Added Tax (Cap. 406), as subsequently amended, and also includes any regulation made by the same Act;

‘registered company’ means any commercial company registered in Malta with the Malta Financial Services Authority;

‘Malta’ means the islands of Malta;

‘Minister’ means the Minister responsible for Finance;

‘businesses’ means any commercial company including partnerships registered in Malta with the Malta Financial Services Authority or a self-employed person in accordance to National Law or a cooperative society;

‘registered self-employed’ means, for the purpose of this scheme, any person who resides in Malta and is registered with the Employment Corporation, the office of the Commissioner for Revenue and has a trade licence from the Commerce Department; 

‘person residing in Malta’ means a natural person who either holds a legally valid identification document issued in terms of the Identity Card and other Identity Documents Act (Cap. 258) or who has a residence permit or who has a residence permit or equivalent documentation issued by the national competent authority;

‘bicycle’ means any bicycle that is not a motor-powered bicycle and includes also a pedelec bicycle, which is an electric pedal cycle which must be pedalled and which electric motor assists the cyclist only when the cyclist is pedalling. A pedelec bicycle does not possess a throttle and its electric motor must have an output not exceeding 250 watts.  The kerbside weight of the pedelec bicycle must not exceed 40 kg and 60 kg in the case of a pedelec tandem bicycle;

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

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

‘purchase price of the bicycle’ means the total purchase price of the complete bicycle including VAT, however excluding any additional parts or accessories and which purchase price have been paid in full by the applicant prior to applying for this grant;

2.  Area of applicability

This scheme applies to the expenditure that is incurred on the purchase price of the bicycle or pedelec bicycle by the applicant, and which bicycle is purchased by the applicant on the effective date or afterwards during the duration of this scheme.  

3.  Expenditure to be reported

The expenditure to be reported is in respect of the purchase price of the bicycle or pedelec bicycle as defined in section (1) above.

4.  Manner of application and supporting documents.

Applications under this scheme shall be made only via the official electronic portal/s which may be indicated from time to time for this purpose.

For this purpose, the applicant shall furnish the details of the invoices/fiscal receipts and any further documentation required to be submitted as required on the indicated portal.  Provided that, the original fiscal receipts/invoices and relevant documentation shall be kept by the applicant for a period of not less than two years from the date of application and produced upon request to the Office of the Commissioner for Revenue for verification purposes.

Failure to produce any such documents upon request the applicant will be obliged to refund the amount paid under the scheme and in the case of a fraudulent application criminal action in terms of the Criminal Code (Cap. 9) will be taken against him.

In the case of a bicycle or pedelec bicycle not purchased from Malta the original invoice issued by the supplier indicating the type of bicycle or pedelec bicycle purchased, together with the delivery note, the original documentary proof that final payment has been affected, and clearance from Maltapost/Department of Customs Malta as may be required, must be retained by the applicant for a period as stipulated above. These documents must confirm that the bicycle or pedelec bicycle was really purchased; that the purchase price of the bicycle or pedelec bicycle which price includes duty and VAT as may be required was really paid in full; that such a purchase was affected by the purchaser for the purchaser; and that the bicycle or pedelec bicycle was delivered to the applicant.  The purchased bicycle or pedelec bicycle must also have a certificate of conformity with EU standard safety regulations, as may be required. 

Only those applications that are found to conform with the provisions of this scheme shall be eligible for payment of the grant referred to in section 5 of the scheme.

Applications under this scheme, including the details of the documents required, should be submitted by not later than three months from the purchase of the bicycle.  

Applications received ‘late’, that is after the three month period, shall be demed to be invalid applications.

5.  Grant payable under this scheme

Eligible applicants may apply for a grant of 15.25% on the purchase price of bicycles subject to a maximum grant of 85 euro per non-mechanisedd bicycle and a maximum grant of 250 euro per case of pedelec bicycle.  This up to a capping of €7,500 per applicant.

6. Payment of Grant

The grant will be credited to the bank account indicated by the applicant in the application.

7.  Validity of application

An application shall not be deemed to be valid unless: 

(a) it is full and complete in all material aspects; 

(b) it is accompanied by all the relevant details as required; 

(c) is submitted to the Office of the Commissioner for Revenue via the official electronic portal by not later than three months from the date of purchase of the bicycle as is stipulated in Section 4 of this scheme.

8. Duration of the scheme

This scheme has a definite duration and will start as from the 1st January, 2020, and end on the 31st December, 2020, unless this scheme is not modified/terminated by means of a Notice in the Government Gazette and shall be renewed as deemed necessary by the Minister for Finance and as such shall be thus published in another Notice in the Government Gazette.  

9. State Aid

This scheme will be implemented in accordance with the provisions of Commission Regulation (EU) No 1407/2013 of 18 December, 2013, on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, OJ L 352/1 of 24 December, 2013. Companies and self-employed persons applying for these grants should make sure that they are within the limits of State Aid and will have to fill the attached form on State Aid.

10.  Amendments to the scheme

The Minister for Finance reserves the right to make any amendments to this scheme by the publication of the said amendments in the Government Gazette.

SCHEDULES

Schedule A – State Aid Declaration Form

IT is hereby notified for general information that the following person has been appointed Deputy Executive Secretary of that Local Council with effect from 19th November, 2019:

Local Council Deputy Executive Secretary

Il-Gżira Anthony Attard

IT is hereby notified for general information that the following person has been appointed Executive Secretary of that Local Council with effect from 4th November, 2019:

Local Council Deputy Executive Secretary

Ħal TarxienEmanuela Vella

THE Commissioner of Inland Revenue notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows:

Date         Pure GoldPure Silver

                  Grams         Grams

19.11.2019€43.084        €0.524

Appointment of Notary Delegate/Keeper

IT is hereby notified that in exercise of the powers conferred by Section 20 of the Notarial Profession and Notarial Archives Act, the Court of Revision of Notarial Acts has appointed Notary Dr Loredana Micallef to be Notary delegate and keeper of the Acts for Notary Dr John Debono for the period between the 7th December, 2019, and the 14th December, 2019.

Today, Friday, 15th day of November, 2019

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

Appointment of Notary Delegate/Keeper

IT is hereby notified that in exercise of the powers conferred by Section 20 of the Notarial Profession and Notarial Archives Act, the Court of Revision of Notarial Acts has appointed Notary Dr Maria Roberta Galea Mamo to be Notary delegate and keeper of the Acts for Notary Dr Paula Mamo for the period between the 31st December, 2019, and the 7th January, 2020.

Today, Friday, 15th day of November, 2019

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts