Government Notices published in Govt. Gazette No 20,444 of 21 July 2020

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,441 of the 14th July, 2020.

L.N.291 of 2020: Real Estate Agents, Property Brokers and Property Consultants Act, 2020 (Act No. Xxxii of 2020); Commencement Notice.

L.N.292 of 2020: Police Act (Cap. 164); Police Act (Amendment of Second Schedule) Regulations, 2020.

IT is hereby notified for general information that in exercise of the powers conferred by Schedule B (Art16) (2) of Act No. XI of the Health Act 2013, and for the purposes of that Act, the Deputy Prime Minister and Minister for Health has made the following appointments on the Council of Health for a period of one year.

Chairperson – Ex-officio

The Hon. Mr Christopher Fearne

Deputy Chairperson – Ex-officio

Mr Joseph Rapa

Members

Dr Paula Cauchi

Ms Carmen D'Amato

Dr Denis Vella Baldacchino

Mr Angelo Cassar

Dr Louis Buhagiar

Mr Tommy Dimech

Dr Stephen Montfort

Member – Ex-officio

Dr Charmaine Gauci

Secretary

Ms Tania Borg Cardona

II is hereby notified for general information that in exercise of the powers conferred by Legal Notice 253 of 2007, and for the purposes of that Act, the Deputy Prime Minister and Minister for Health has made the following appointments on the Advisory Committee on Immunization Policy for a period of two years.

Chairperson

Dr Victoria Farrugia Sant'Angelo

Members

Dr Antonella Sammut

Dr David Pace

Dr Christopher Barbara

Dr Michael Angelo Borg

Dr Charles Mallia Azzopardi

Dr Alison Anastasi

Substitute Member

Dr Bernardette Spiteri

Secretary

Ms Jackie Maistre Melillo

Food Safety Commission

IT is hereby notified for general information that in exercise of the powers conferred by Article 5 (1) of the Food Safety Act (Cap. 449 of the Laws of Malta), and for the purposes of that Act, the Deputy Prime Minister and Minister for Health has made the following appointments on the Food Safety Commission for a period of three years.

Chairperson

Dr Karen Mugliett

Members

Dr Irene Miriam Bonello

Mr Clive Tonna

Ms Claire Cordina Borg

Ms Dolerita Mifsud

Mr Keith Desira

Members – Ex-officio

Prof. Charmaine Gauci

Dr Marica Gatt

Ms Ingrid Borg

Dr Pauline Vassallo

Mr Sharlo Camilleri  

Secretary

Mr Hadrian Bonello

IT is hereby notified for general information that in exercise of the powers conferred by Tabacco Act, Article 19 (1) Chapter 315, Tobacco (Smoking Control) Act, and for the purposes of that Act, the Deputy Prime Minister and Minister for Health has made the following appointments on the Smoking & Health Board for a period of one year.

Chairperson – Ex-officio

Dr Charmaine Gauci

Members – Ex-Officio

Mr Antoine Saliba

Mr Ivan Carl Saliba

Dr Paula Vassallo

Members

Ms Caroline Gouder

Dr Renald Blundell

Ms Gertrude Buttigieg

Mr Charles Zammit

Ms Stella Fenech

It is hereby notified for general information that in exercise of the powers conferred by the Statute Establishing FMS, and for the purposes of that Act, the Deputy Prime Minister and Minister for Health has made the following appointments on the Foundation for Medical Services for a period of three years.

President

Eng. Joseph Sammut

Deputy President

Ms Carmen Ciantar

Members

Eng. Paul Fenech

Arch. Duncan Mifsud

Mr Henry Attard

Mr Patrick Cachia

Ms Claire Pisani

Dr Chris Cilia

Court Appointed Experts – Child ForensicInteviewers 2020

IT is notified for general information that the following persons mentioned hereunder  have been nominated to form the list of experts to be appointed by Court in accordance with article 17(8) of Cap. 602 for the period from 1st July, 2020, to 30th June, 2021, or for such a longer period as may be decided by the Minister for the Family, Children's Rights, and Social Solidarity:

Ms Chanel Micallef, BA (Hons) Social Work - trained in NCAC Forensic Interviewing with Children;

Ms Doreen Vella, BA (Hons) Social Work – warranted social worker and trained in NCAC Forensic Interviewing with Children;

Ms Grazielle Buhagiar, BA (Hons) Social Work – warranted social worker and trained in NCAC Forensic Interviewing with Children;

Ms Katya Muscat, BA (Hons) Social Work – warranted social worker and trained in NCAC Forensic Interviewing with Children;

Ms Nicole Calleja, BA (Hons) Social Work – warranted social worker and trained in NCAC Forensic Interviewing with Children;

Mr Steve Libreri, Msc HRM and Devt, BA (Hons) Social Work – warranted social worker and trained in NCAC Forensic Interviewing with Children;

Ms Valentina Mintoff, BA (Hons) Social Work – trained in NCAC Forensic Interviewing with Children.

Period of Quarantine Order, 2020

The Superintendent of Public Health notifies that in accordance with article 2 (1) of the Period of Quarantine Order, 2020, the quarantine of the persons travelling on the 19th July, 2020, from New York, United States of America, with connection flight to Malta from Charles de Gaulle Paris, France on the 20th July, 2020, with scheduled arrival at 13.10hrs shall be subject to those conditions of quarantine as communicated to them by the Superintendent.

Compensation Scheme to provide assistance to MFA/MFB Registered Vessel Owners who have suffered Damages from the 24th February, 2019, Storm

Following the 24th February, 2019 storm, the Ministry for the Environment, Sustainable Development and Climate Change conducted an exercise to determine the extent of damages incurred, emanating from this storm.

The Department of Fisheries and Aquaculture (DFA) shall be launching a compensation scheme to provide assistance to MFA and MFB registered vessel owners.

This compensation scheme shall be managed by the DFA and in no way is aimed to provide an incentive for, or shall contribute to an increase in fishing capacity.

1. Definitions

In this scheme, unless the context requires otherwise:

“Claimant and Applicant" mean the natural or legal person/s under whom the ownership of a fishing vessel is registered.

2. Who is eligible for such compensation?

i. Claimants having an MFA or MFB registered vessel with the Department of Fisheries and Aquaculture who have suffered damages from the 24th of February 2019 storm.

ii. In order for claimants to be considered as being eligible, following instructions recently issued by the Fishing Vessel Registry (FVR) section within the DFA, claimants should have in their personal DFA file an updated VAT Certificate, issued by the VAT Department.

iii. Expenditure related with third party liability, pollution, salvage and wreck removal are not considered as being eligible expenditure under this scheme.

3. What damages can be claimed?

i. Only nets, pots, lines, gears or similar, as registered with the Department of Fisheries and Aquaculture as at end of February 2019 shall be considered for review under this scheme. Claims for non-registered items or quantities shall not be considered.

ii. Claims related with vessel damage can only be submitted if the vessel is registered in an MFA or MFB category only. The status of vessel operation as registered with the DFA as at end of February 2019 should be listed as “active".

iii. Expenditure related with third party liability, pollution, salvage and wreck removal are not considered as being eligible expenditure under this scheme.

iv. All damages claimed and incurred shall be assessed by the DFA.

v. The assistance must not result in an increase in fishing capacity.

This measure will be implemented in line with the provisions of the Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45). No aid will be granted to those activities explicitly excluded from receiving aid under Article 1 of this Regulation. The total amount of de minimis aid granted to a single undertaking shall not exceed 30,000 Euro over any period of three years. The rules contained in Article 5 of the Regulation will be respected. The DFA shall request for a signed declaration from the undertaking concerned about any other de minimis aid received during the previous two fiscal years and the current fiscal year.

4. How do I apply and what documentation is required?

Step 1: Fill in the Claims Form (Obligatory)

The claimant shall provide a detailed breakdown of all costs being claimed, clearly distinguishing between different types of nets, pots, lines, vessels, engines, gears etc. For each category, one should list down the total number of units, price per unit and the total cost per category. Claimants are kindly being requested to fill in and sign the claims form.

When submitting the Claims Form with the DFA, the applicant should also present his ID Card. No application can be submitted nor will be accepted by DFA officials unless the applicant presents his ID Card at submission stage.

Disclaimer: If the claimant fails to submit all the required documentation as per timelines, terms and conditions as stipulated in this scheme, the Department of Fisheries and Aquaculture will immediately disqualify such claim request.

Step 2: Supporting Documentation Required (Obligatory)

Depending on the nature of the claim, the claimant shall also provide the following supporting documentation together with the claims form, in order for this claim to be considered further. Documentation required (as per below instructions) depend on the nature of damages incurred. The claimant might have incurred damages, falling under different categories, thus different documentation would need to be submitted.

Category 1: Where the nature of the damage concerns the vessel and engine/s (damaged, lost or destroyed beyond repair).

Only MFA & MFB registered vessels shall be eligible to apply under Category 1 of this scheme.

Vessel Surveyor Report (Obligatory):

The claimant shall request a TM approved Vessel Surveyor to issue a formal report (document), verifying/quantifying such damages. The Vessel Surveyor shall be authorised by Transport Malta. A list of surveyors can be accessed online by following this link: (https://news.transport.gov.mt/wp-content/uploads/2018/08/list-of-authorised-ship-surveyors-August-2018_20.08.2018.pdf).

As a minimum the report shall include the following information: vessel type, vessel registration number, photos (if applicable), name of vessel owner, ID number, home address, registered VAT number and most importantly the estimated vessel value prior to the accident (loss value) or estimated value of damages (works required). The nature of damages incurred should be clearly specified. This report (document) should be issued and signed by the surveyor. The Department of Fisheries and Aquaculture reserves the right to contact the Marine Surveyor to request for further information.

Category 2: Where the nature of the damage concerns: Nets, Lines, Gears or other small items.

Only MFA & MFB registered vessel owners shall be eligible to apply under Category 2 of this scheme.

Documentation Required:

Quotation or Sales Order - dated 24th February, 2019 (or post) (If no expenditure has been incurred).

As supporting evidence for compensation, the claimant shall also provide one (1) valid Quotation/Sales Order to be dated 24/02/2019 (or post) as proof of the value of claimed expenditure. Quotations shall only be considered as valid if issued by a registered business. The nature of such quote/s/sales order/s can be either to procure a new item or repair an existing but damaged item.

Following expenditure approval by the DFA, within 30 calendar days the claimant shall be obliged to submit a valid Fiscal Receipt (all below Fiscal Receipt conditions shall become applicable) totalling the approved expenditure. Only following the submission of such Fiscal Receipts will the DFA process the respective eligible financial aid. Failing to present such Fiscal Receipt/s within the stipulated period, the DFA reserves the right to terminate any pending claims.

The DFA shall not be held in any way accountable for any expenses or losses incurred by the applicant, in case the approved eligible expenditure (aid granted) is less than the value of the Sales Order (if an order is already placed).

and/or

Fiscal Receipt/s– dated 24th February, 2019 (or post) (if expenditure has already been paid for).

As supporting evidence for compensation, the claimant shall also provide a Fiscal Receipt/s to be dated 24/02/2019 (or post) as proof of the value of incurred expenditure. All the below criteria should be met:

Receipts shall only be considered as valid if the expenditure incurred/invoice date is either on the 24th February, 2019 (or post).

Receipts issued should be itemised, where all items or services purchased should be clearly identifiable and also be individually priced.

Receipts shall be in accordance with the VAT regulations.

Copies of receipts shall be submitted to the DFA as supporting documentation. All originals should be retained by the claimant. The DFA reserves the right to request the claimant to show the original receipts in order to verify all copies submitted.

Only fiscally valid receipts shall be considered as being eligible.

The DFA shall not be held in any way accountable for any expenses or losses incurred by the applicant, in case the approved eligible expenditure (aid granted) is less than the value of the Fiscal Receipt/s (if expenditure has already been incurred).

Category 3: Where the nature of the damage concerns: Octopus Fishing Pots.

Only MFA & MFB registered vessel owners shall be eligible to apply under Category 3 of this scheme.

Only fishers who suffered damages to their Octopus Fishing Pots shall apply under Category 3 of this scheme.

Where the nature of the damage concerns Octopus Fishing Pots, claimants are only to apply under Category 3 of this scheme. For submissions under this category to be considered eligible, the fisher had to have reported octopus landings during the year before: between February 2019 and February 2020.

Fishers shall be entitled for a Flat Rate compensation as stipulated below:

Small Pot – €15

Medium Pot – €20

Large Pot – €25

Following expenditure approval and the processing of aid compensation by the DFA, after 90 calendar days, the DFA shall get in contact with each respective claimant to conduct a physical inspection, to check and verify that all claimed pots were indeed manufactured and were adequately labelled.

5. How will the compensation be calculated?

i. The DFA shall consider the value/s of the vessel surveyor report, quotation/s, sales orders or fiscal receipt/s as the primary baseline of eligible expenditure.

ii. The Department of Fisheries and Aquaculture reserves the right to introduce and apply any other eligibility requisite, parameter, interpretation or criteria as deemed fit, even if it does not form part of this scheme's terms and conditions.

iii. Under this scheme, the claimant is entitled for 100% of claimed eligible damages Exclusive of VAT.

iv. The DFA reserves the right to revise the compensation calculation methodology if required.

v. If the nature of the damage concerns the vessel, which vessel is owned by more than one person, in order for one to be able to apply for this scheme, all owners shall give their consent by filling in the appropriate section in the Claims Form. In the case of companies an authorised person is to sign.

The Department of Fisheries and Aquaculture reserves the right to determine the eligibility of claimed damages, as per parameters stipulated above. All claims shall be subject to the scrutiny, interpretation and acceptance of the Department of Fisheries and Aquaculture. The DFA reserves the right to define what expenditure or damages are deemed as being eligible or not. All decisions taken in this regard shall be considered as final. No revisions shall be allowed nor will be carried out.

6. How will payment be executed?

Successful claimants shall be formally notified via an official letter. Following the vetting of all documentation submitted, the amount of money will be transferred to the bank account provided in the application.

7. How and when can I apply?

Claimants are to submit their claims form and all other supporting documentation by hand to the Department of Fisheries and Aquaculture (Malta) or Mġarr Office (Gozo) from 20/07/2020 up to 07/08/2020 from 8.30am to 12.00pm, Monday to Friday (excluding weekends and public holidays), unless otherwise notified. Late submissions shall not be considered.

If the need arises, the DFA reserves the right to extend the deadline of application submission by a maximum of (2) two weeks.

The Department of Fisheries and Aquaculture shall review all Claims Forms and Supporting Documentation received during the submission period and shall then notify via an official letter the claimant of any missing documentation.

Claimants are to submit any missing documentation by hand to the Department of Fisheries and Aquaculture (Malta) or Mġarr Office (Gozo) as per dates and time to be stipulated in any subsequent correspondence sent to claimants. Late submissions shall not be considered.

Following the submission of missing documentation, the Department of Fisheries and Aquaculture shall review all documentation received during the first and second submissions, and then formally notify via an official letter the claimant whether the submission was accepted or rejected.

Following the vetting of all documentation submitted, a cheque totalling only the eligible expenditure shall be sent by post to successful claimants.

Clarifications and queries can be addressed to the DFA by:

email: fisheriesprojects.mafa@gov.mt

telephone: 2292 6845/2292 6831

8. Disclaimer

i. The Department of Fisheries and Aquaculture reserves the right to use data gathered in this Claims Form for the scope of this scheme.

ii. The English version of this scheme shall prevail in case of conflict or interpretation with the Maltese version.

iii. All data shall be double checked with the DFA's internal records. Where claims are being made in respect of Octopus Pots, the DFA shall check with its internal records whether Octopus was indeed landed in the year 2018. If landings are NIL, the applicant's (claiming for damaged pots) claim shall be rejected. Similar checks shall also be made in respect of other categories.

iv. The claimant is declaring that no other compensation has been received via any other means or private insurance policy and therefore no double claims for compensation are being made.

v. The claimant is declaring that he/she is operating in conformity with all the established local and international legislation/regulations as defined by law.

vi. The claimant is declaring that all damages being claimed were incurred during the 24th February, 2019, storm and not during any other date.

vii. The DFA reserves the right to request for additional information from the claimant or carry out additional checks with third parties if deemed required.

viii. Any false declaration/s shall be considered as being a criminal offence. The applicant shall be held personally liable to return back any monies received, if payments would have already been processed. One will also be automatically disqualified from this scheme and potentially from other future schemes to be issued by the DFA. This clause does not have an applicable time limit and shall remain in force indefinitely.

ix.All conditions listed down in this document should be strictly abided with.

9. Amendments

In case of amendments to this scheme, these will be published in the Government Gazette.

THE Commissioner of Police, in terms of articles 7 and 8 of the Private Guards and Community Officers Act 1996, hereby notifies that the following applications as mentioned hereunder have been received:

Application for licence of a Private Guard

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 Forces or 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.

Scheduling of Property

The Planning Authority is hereby declaring the properties mentioned hereunder as included in the List of Scheduled Property (as shown on the maps on page 6194 to 6196) in terms of Article 57 of the Development Planning Act, 2016, and paragraphs 1.13, 2.27, and policies TO8, UO2 and RO4 of the Strategic Plan for the Environment and Development (SPED) as follows:

The Planning Authority will exercise its powers of enforcement, as set out in Article 57 of the Act, in the case of any contravention to the provisions of the Development Planning Act 2016 as regards to scheduled property.

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:

Scheduling of Archaeological Sites

The Planning Authority is hereby declaring the following archaeological site (see site plan on page 6198) as included in the list of Scheduled Property in terms of article 57 of the Development Planning Act, 2016, and according to paragraph 2.27, and policies TO7, TO8, RO4 of the Strategic Plan for the Environment and Development (SPED) as well as policy GZ-ARCO-1 of the Gozo and Comino Local Plan, as follows:

i. Burial Cavities at Triq il-Qaċċa, Xagħra, Gozo as Class A in terms of Structure Plan Policy ARC 2 and the Local Plan policies as shown in the site plan on page 6198.

The Planning Authority will exercise its powers of enforcement, as set out in article 57 of the Act, in the case of any contravention to the provisions of the Development Planning Act as regards to Scheduled Property.

Traffic and Parking Suspension

In virtue of Article eighteen (18) of Legal Notice 291 of 2018, the Agency for Infrastructure Malta hereby gives official notice of its intention to complete the formation of:

Triq Bugħarbiel, Żejtun (indicated on the site plan on page 6200).

Triq il-Konvoj ta' Santa Marija, Mqabba (indicated on the site plan on page 6201).

Triq San Benedittu, Ħal Kirkop (indicated on the site plan on page 6202).

The Agency for Infrastructure Malta notifies that from 21st July, 2020, to 31st December, 2020, no parking will be permitted in Triq Bugħarbiel, Żejtun due to road works.

The Agency for Infrastructure Malta notifies that from 21st July, 2020, to 31st December, 2020, no parking will be permitted in Triq il-Konvoj ta' Santa Marija, Mqabba due to road works.

The Agency for Infrastructure Malta notifies that from 21st July, 2020, to 31st December, 2020, no parking will be permitted in Triq San Benedittu, Ħal Kirkop due to road works.

Parking of vehicles is not allowed during these days. Vehicles found in contravention to the order of this notice are liable to be towed.