Government Notices published in Government Gazette No. 21,280 of 5th July 2024

the Prime Minister has re-appointed Mr Angelo Gafà to be Commissioner of Police with effect from 22nd June, 2024.

IT is notified for general information that the following Acts are published in the Supplement to this Gazette:

Act No. XXII of 2024 entitled the Gender-Based Violence and Domestic Violence (Amendment) Act, 2024; and

Act No. XXIII of 2024 entitled the Gender-Based Violence and Domestic Violence (Amendment No. 2) Act, 2024

Board of Directors

IT is hereby notified that, in terms of Article 6 of the Housing Authority Act (Cap. 261), the Minister for Social and Affordable Accommodation has appointed the Board of Directors of the Housing Authority, as follows:

Chairperson

Mr Robert Ducker

Deputy Chairperson

Mr Kenneth Busuttil

Members

Ms Henriette Cannataci

Mr Adrian Farrugia

Mr Owen Farrugia

Mr Peter Fitzgerald

Arch. Joseph Grech

Mr Thomas Grima

Ms Deborah Lauria

Ms Maria Magri

Ms Josephine Spiteri

Ms Jennifer Xuereb

Board Secretary

Dr Alicia Borg

These appointments are for a period of one year with effect from 13th June, 2024.

Is-Segretarju Permanenti fil-Ministeru għas-Saħħa approva l-ħatra temporanja li ġejja:

Il-5 ta' Lulju, 2024

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 Pierre Attard to be notary delegate and keeper of the Acts for Notary Dr Hans Karl Attard for the period between the 11th July, 2024 and the 24th July, 2024.

Today Wednesday 3rd July, 2024

Adrian Micallef

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 Hans Karl Attard to be notary delegate and keeper of the Acts for Notary Dr Pierre Attard for the period between the 1st July, 2024 and the 7th July, 2024.

Today Wednesday 3rd July, 2024

Adrian Micallef

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 Stephenie Sant to be notary delegate and keeper of the Acts for Notary Dr Nicole Cassar for the period between the 27th June, 2024 and the 8th July, 2024.

Today Wednesday, 3rd July, 2024

Adrian Micallef

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 Mary Grech Pace to be notary delegate and keeper of the Acts for Notary Dr Daniela Chetcuti for the period between the 8th July, 2024 and the 23rd July, 2024.

Today Wednesday, 3rd July, 2024

Adrian Micallef

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 Marija Cachia to be notary delegate and keeper of the Acts for Notary Dr Diana Galea for the period between the 27th June, 2024 and the 10th July, 2024.

Today Wednesday, 3rd July, 2024

Adrian Micallef

Deputy Registrar, Court of Revision of Notarial Acts

IT is hereby notified for general information that the following person has been appointed Executive Secretary of that Local Council with effect from 3rd June, 2024.

Local Council Executive Secretary

Xewkija                                  Chrismar Xuereb

IT is hereby notified for general information that the following person has been appointed Agent Executive Secretary of that Local Council with effect from 1st July, 2024.

Local Council Agent Executive Secretary

Msida                                      Alan Vella

Explanatory Notes

1. Introduction

2. Summary and Background

2.1 Aims and Objectives of the legislation

The objective of these regulations is to ensure that primary production of food of non-animal origin, including sprouts production, is included in the legal scope of official controls as required by Article 1(2)(a) of Regulation (EU) 2017/625.

2.2 Public Consultation

No public consultation was needed.

3. Overview of the structure of the instrument

The regulations are made up of five (5) regulations and consist of the following:

1. Citation, scope, applicability, and commencement.

2. Interpretation.

3. The role of the competent authority.

4. Approval of operators.

5. Data access.

4. Commentary on the regulations

Regulation 1: Provides the title, scope and applicability of the regulations.

Regulation 2: Provides the definitions of terms used throughout the regulations.

Regulation 3: Provides that the Agriculture Directorate as the competent authority for the primary production of food of non-animal origin including sprouts production in Malta, shall have all the powers, functions, obligations, and responsibilities provided for by the EU Regulations in order to implement the same EU Regulations in Malta.

Regulation 4: Provides that the competent authority shall also be responsible for the approval of operators. However, if the operators are not in compliance with the EU Regulations at all times, the competent authority may suspend or revoke its approval. Furthermore, the competent authority may set conditions on operators to ensure compliance with the EU Regulations and failing to adhere to those conditions the competent authority shall suspend or revoke its approval.

Regulation 5: Provides that the competent authority shall have the power to request all public bodies performing functions related to agriculture and, or farmers to provide the necessary information to enable the competent authority to carry out inspections and perform its functions in accordance with the regulations, provided that the data subjects are informed in an appropriate and timely manner about the processing of their personal data.

5. Concluding Section

These regulations shall come into force within two (2) months from their publication in the Gazette.

For further information, producers may contact the Agriculture Directorate either via email (agrihub.mafa@gov.mt) or phone (00356 229244234).

N.B: These Explanatory Notes are not intended to be an exhaustive description of the legal instrument nor a substitute thereof or a legislative supplement to it. These Explanatory Notes do not purport to be an authoritative ruling on the interpretation of the legislation.

User Guidelines

Through the adoption of this Legal Notice, the Agriculture Directorate will be designated as the Competent Authority and, thus, given the power to carry out inspections at primary production (farming) to ensure that producers mitigate the risks of microbiological contamination on fresh fruits and vegetables.

This will be of interest to local primary producers (farmers) who produce any food which is of nonanimal origin (namely fruits and vegetables) with commercial intent (i.e. not for domestic/personal use only).

In order to decrease microbiological contamination of fresh fruits and vegetables during primary production (farming), the new set of inspections being introduced will ensure producers follow good farming practices which mitigate such contamination which can pose a high potential health risks to consumers. As such, detailed guidelines will be provided (see annexed document) and enforced by the Agriculture Directorate which ensure primary producers (farmers) satisfy the following requirements to minimise such risks;

• Fields and production sites are protected from potential contamination.

• Fertilisers are stored and used correctly.

• Water sources are clean from contamination and used accordingly.

• Agricultural workers and premises maintain good hygiene and sanitary conditions.

• Good record-keeping practices.

Producers can communicate with the Agriculture Directorate either via email (agrihub.mafa@gov.mt) or phone (00356 229244234).

N.B. The User Guidelines contained within this document is solely intended to serve as guidelines and should not be construed as legislation. This document should not be considered as an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. The Guidelines do not purport to be an authoritative ruling on the interpretation of the legislation. Please refer to the related legislation for a more comprehensive understanding.

Article 69 of the Environment Protection Act

Ir-Ramla tal-Mixquqa (Golden Bay) TurtleNesting Emergency Conservation Order

THE Environment and Resources Authority is hereby issuing an Emergency Conservation Order in respect of the site as described below in accordance with Article 69 of the Environment Protection Act, for the purpose of the conservation of:

Ir-Ramla tal-Mixquqa (Golden Bay)

and its surroundings as per site plan under Schedule I (see site plan on page 22,189), hereinafter referred to as “the Emergency Conservation Area", due to the ecological and scientific importance of the site and the need for conservation.

The following regulations shall apply:

1. For the purpose of the Emergency Conservation Order, the terms “Authority"; “conservation"; and “person" shall have the same meaning as that defined in the Environment Protection Act.

2. The Emergency Conservation Area may be monitored continuously inter alia by means of a temporary site post.

3. No person shall, within the Emergency Conservation Area, unless authorised by the Authority:

(a) in any way, take or attempt to take, disturb, damage or destroy any eggs, turtle hatchlings or adult marine turtle, whether alive or dead;

(b) enter or attempt to enter, or in any way assist any other person to enter the area cordoned-off by the Authority;

(c) remove any portion of, or object making up, the cordoning installed by the Authority or any ancillary installation or any official signage installed by the Authority;

(d) hang, affix or append or attempt to hang, affix or append any object on the cordoning installed by the Authority around the nest or in any manner compromise or attempt to compromise the integrity of the cordoning;

(e) place or attempt to place any object or material into the area cordoned off by the Authority;

(f) allow any animal under his ownership or responsibility to enter or attempt to enter the area cordoned-off by the Authority or to otherwise damage the cordoning so installed;

(g) remove any litter, waste or article whatsoever from the area cordoned-off by the Authority;

(h) place or attempt to place any object that, at any time between sunrise and sunset, may cast a shadow inside the area cordoned-off by the Authority;

(i) deposit any litter, unless this is deposited in the litter bins or other litter collection facilities provided for such purpose;

(j) from half past six in the evening (6.30 p.m.) of any day until half past seven in the morning (7.30 a.m.) of the following day, camp or participate in any camping activity;

(k) participate in any organised activity involving a group of more than 10 persons;

(l) drive, manoeuvre or park any vehicle over the sand;

(m) utilise fuel powered electricity generators or fuel powered mechanised equipment on land;

(n) make use or be in possession of any device capable of emitting electromagnetic waves or any kind of radiation which is purposely manufactured to scan below the surface of the ground or through objects;

(o) play loud music;

(p) be in possession of, set up, light up or let off any sort of pyrotechnic material, fireworks or explosives;

(q) install any trap, net, any type of long-line or similar devices that in any way may catch or harm any turtle egg, turtle hatchling or adult marine turtle;

(r) deploy or be in possession of any gill net; trammel net or fishing net of any sort; or

(s) remove any Posidonia oceanica or Cymodocea nodosa wrack (alka) from the seaward side in front of the area cordoned-off by the Authority unless by hand or with the use of hand-held unmechanised tools.

4. No person shall within the area subject to further restrictions as indicated in the site plan in Schedule I, participate in any catering activity or any barbecue, on land.

5. Without prejudice to the above provisions, from the 29th July, 2024, from half past six in the evening (6.30 p.m.) of any day until half past seven in the morning (7.30 a.m.) of the following day, no person shall within the area subject to further restrictions as indicated in the site plan in Schedule I:

(a) place, deposit or install any object, or attempt to place, install or deposit any object, that in any way may hinder or has the potential to hinder the safe passage of juvenile marine turtles from the area cordoned-off by the Authority to the sea;

(b) at sea, place or deploy any object or installation or attempt to place or deploy any object or installation, that in any way may reasonably hinder or has the potential to reasonably hinder the safe passage of juvenile marine turtles towards the open sea;

(c) dig any holes in the sand;

(d) utilise or be in possession of any sort of lighting device for fishing purposes or the capturing of any fauna:

Provided that the above provisions shall also apply at any time in the event of a hatching episode occurring outside of such restricted times.

6. Notwithstanding any authorisations or permits already afforded by the Authority or any other permits or authorisations issued under any other law, no form of mechanised beach cleaning activity or mechanical interventions shall occur within the Emergency Conservation Area designated under Schedule I, unless duly permitted by the Authority.

7. From 29th July, 2024 until the date indicated in paragraph 9, no person shall within the Emergency Conservation Area or in the vicinity of the Emergency Conservation Area, from half past six in the evening (6.30 p.m.) of any day until half past seven in the morning (7.30 a.m.) of the following day, generate any light unless screened in such a way as not to be directly visible from the area cordoned-off by the Authority or such light covered with a red coloured filter:

Provided that this provision shall not apply to compulsory navigational lights of seagoing vessels.

8. No person shall within the Emergency Conservation Area or in the vicinity of the Emergency Conservation Area generate any excessive noise or vibrations.

9. This Emergency Conservation Order shall be valid from the date of issue up to the 8th September 2024 and shall be without prejudice to the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) and the Reptile (Protection) Regulations (S.L. 549.02).

10. (1) The protection allocated to the Emergency Conservation Area has the same effect as the inclusion of the area in the National Ecological Network and Special Areas of Conservation in terms of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44).

(2) The provisions included in this Emergency Conservation Order are:

(i) considered as conservation measures addressing the overall conservation objective aimed at protecting the loggerhead turtle, Caretta caretta, in its nesting site; and

(ii) required for such protected site in line with the requirements of regulations 14 and 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44).

11. Any person who acts in contravention of any provision of this Emergency Conservation Order shall be punishable in accordance with the Environment Protection Act (Cap. 549).

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: