Government Notices published in Government Gazette no 21,296 of 6th August 2024

Application of the Proviso to Article 3(2)(b) ofthe Small Business Act (Exemption) Order

IN EXERCISE of the powers conferred by article 18(1) of the Small Business Act (Cap. 512), the Minister for the Economy, Enterprise and Strategic Projects has made the following order:

The Masons' Licence Regulations, 2024 is hereby exempt from the application of article 3(2)(b) of the Small Business Act for the reason that the measures established in the mentioned legislation are urgently required to provide legal certainty with regard to licenced operators and the requirements of the sector.

Explanatory Notes

1. Introduction

2. Summary and background

The Masons' Licence Regulations, 2024 will be substituting two articles which are found in Code of Police Laws (Chapter 10 of the Laws of Malta).

These regulations replacing these two articles provide for a modern definition of a mason, set out a Masons' Licensing Committee and provide a more adequate legal instrument for such Committee to be able to work.

3. Overview of the structure of the legal instrument

These regulations are made up of twenty-four (24) regulations and two (2) Schedules as follows:

Regulation 1: Citation and commencement

Regulation 2: Interpretation

Regulation 3: Mason's licence

Regulation 4: Responsibility of the mason

Regulation 5: Establishment of the Committee

Regulation 6: Secretary to the Board

Regulation 7: Administrative support to the Committee

Regulation 8: Term of office

Regulation 9: Functions of the Committee

Regulation 10: Procedure and meetings of the Committee

Regulation 11: Remuneration of the Committee members

Regulation 12: Publication of application for a licence

Regulation 13: Eligibility

Regulation 14: Application for issuance of a licence

Regulation 15: Licensing decisions by the Committee

Regulation 16: Issuance and renewal of a licence

Regulation 17: Register

Regulation 18: Refusal of an application for a licence

Regulation 19: Application for the cancellation of a licence

Regulation 20: Provision of training and courses

Regulation 21: Offences

Regulation 22: Administrative penalty

Regulation 23: Suspension and revocation of a licence

Regulation 24: Transitory provision

Schedule I: Fees

Schedule II: List of competencies which are necessary to practice the trade of mason in Malta.

4. Commentary on the operative parts of the legal instrument

Regulation 2 lists the definitions of the terms used in the regulations. The definition of a “mason" or “licencesed mason" includes persons who repair or construct any structure in concrete, stone, brick, or steel as well as the construction of embankments to retain soil or any other materials or liquids.

Regulation 3 provides that the masonry trade shall be exercised by duly licenced masons. Therefore, any construction of buildings and any work relating to it shall only be performed by licenced masons.

Regulation 4 provides for the responsibilities which licenced masons shall uphold, namely abiding by the conditions and requirements of the licence and the Authority, ensuring that any works executed follow good practice guidelines, abiding by and conducting construction works according to approved documents issued by the Perit responsible and that the mason is to be present on the construction site when supervising or carrying out works.

Regulation 12 obliges the Authority to publish a notice in the Government Gazette and on the Authority's website with the details regarding the applications for the masons' licences, with the form, information, documents required, dates and time for examinations and the application fees.

Regulation 13 provides for the eligibility criteria for one to apply for the masons' licence. The criteria include that the applicant:

(a) is at least eighteen (18) years old and a citizen of Malta or of another Member State of the European Union or is otherwise authorised to work in Malta;

(b) is in possession of a certificate of qualification or competence in the field of building and construction; and

(c) is a person of good repute and conduct.

A person shall be deemed to be of good conduct and repute when he was not be convicted of committing an offence in accordance with the Building and Construction Authority Act

(Chapter 623 of the Laws of Malta) two (2) years prior to applying for a licence; and the applicant shall also not have been convicted of any corresponding offence under any law of a country outside Malta. If the applicant was less than eighteen (18) years old at the time, the time period mentioned previously is reduced to one (1) year.

Regulation 14 details the application requirements and all supplementary information required including a conduct certificate from the place of habitual residence. The fee listed in Schedule I will also need to be paid.

Regulation 15 provides that the Committee shall assess the professional competence of the applicant by holding two (2) examinations, one (1) of which shall be written and, or oral and the other shall be a practical examination. A decision shall be provided within fifteen (15) days of the examination, with a possible one-time concession of an additional fifteen (15) days. Additionally, the Committee may request any information about the applicant from any competent authority as deemed necessary.

Regulation 16 provides that the Committee shall issue masons' licences. Such licence is valid for two (2) years, although the Committee shall have the power to suspend or revoke licences. The licence is also required to be renewed every two (2) years. In the initial application for renewal of the licence issued in terms of the Code of Police Laws, the Committee may subject the applicant to the examination process explained in regulation 15.

Regulation 17 provides for the details to be kept in a register held by the Authority. Any changes in the licence details of a mason shall be provided to the Authority without delay.

Regulation 18 imposes an obligation on the Committee that upon refusal of an application, a notice for refusal is sent within fifteen (15) days to the applicant stating the reasons for refusal. An applicant may, within fifteen (15) days submit, in writing, reasons why the application should not be refused, and the Committee is obliged to consider these reasons before taking a final decision. If the Committee still proceeds to refuse the application, a decision notice will be issued within five (5) days by registered post. The decision notice will highlight the reasons for the Committee's refusal (including examination results) and inform the applicant of their right to appeal within twenty (20) days.

Regulation 19 provides that a licenced mason may cancel his licence through an application to the Authority and the payment of the cancellation fee, accompanied by a declaration that no proceedings or any other reason for proceedings are pending. The Committee shall remove the licence from the register and communicate this decision to the applicant within thirty (30) days. Any cancellation of the licence shall not remove the liability for any work or services performed before the cancellation of the licence.

Regulation 20 provides that licenced masons will be requested to attend courses if new requirements have been introduced pertaining to the activities and subjects in Schedules II.

The attendance and completion of these courses will be required for the renewal of any application.

Regulation 21 and 22 provide for the offences and administrative penalties.

Regulation 23 provides for the revocation or temporarily suspension of the mason's licence for failure to comply with these regulations. The licence may be re-issued if actions are rectified and conditions may be imposed. The Courts may also suspend the licence or order the Authority to revoke the licence, and any suspensions or revocations will be made public on the Authority's website with the persons having the right to appeal.

Regulation 24 provides that persons who currently are licenced masons in accordance with the Code of Police Laws and whose licence is set to expire in the year 2024 shall be authorised to keep their licence until 31 December 2024, by which time a renewal application shall be submitted.

5. Concluding Section

These regulations shall come into force on such date as the Minister responsible for the construction industry, may by notice in the Gazette establish, and different dates may be so established for different provisions or different purposes of these regulations.

For further information please contact:

Email: (info@bca.org.mt)

Telephone: 2095 5000

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.

Article 69 of the Environment Protection Act

Extension of the Turtle Nesting EmergencyConservation Order of Ir-Ramlatal-Mixquqa

IN accordance with the provisions of Article 69 of the Environment Protection Act, the Environment and Resources Authority is hereby extending the validity of the Turtle Nesting Emergency Conservation Order of Ir-Ramla tal-Mixquqa (Golden Bay), as laid down in Government Notice No. 859 published in Government Gazette No. 21,280 of 5th July, 2024, until 10th October, 2024.

Government Notice No. 916 published in Government Gazette No. 22,721 of 19th July, 2024, is hereby being repealed.