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Government Notices published in Govt. Gazette No. 19,192 of 10th January 2014
01/01/2014
No. 9
MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT
Cap. 510
Appointment of Members on the Competition and Consumer Appeals Tribunal
IN exercise of the powers conferred by Article 31 of the Malta Competition and Consumer Affairs Authority Act, and for the purpose of that Act, the President of Malta has approved the appointment of the following members on the Competition and Consumer Appeals Tribunal:
Mr Ivan Grixti
Dr Marc Sant
Prof. Joe Falzon
These appointments are valid for a period of three years, with effect from 13th November, 2013.
No. 10
Ġieħ ir-Repubblika Act
Cap. 251
Recognition of the Conferment of Honour
IT is hereby notified that in terms of Article 29 (1) of the Ġieħ ir-Repubblika Act, the President of Malta, acting on the advice of the Prime Minister, has authorised the recognition of the conferment of the honour of Ordine al Merito della Repubblica Italiana conferred upon Mons. Philip Calleja.
No. 11
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT
CAP. 55
Warrant of Notary Public
IT is hereby notified that Dr Roberta Cassar, LL.D., after having complied with the provisions of the mentioned Act, has been appointed Notary Public by Warrant of the President of Malta, dated 19th June, 2013.
No. 12
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 Daniela Mercieca to be Notary Delegate of the Acts for Notary Dr Peter Fleri Soler for the period between 7th January, 2014 and 11th January, 2014.
Today, Monday, 6th January, 2014.
AlAN k. Zerafa
F/Registrar, Court of Revision of Notarial Acts
No. 13
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 appointedNotary Dr Thea Cachia, to be Notary Delegate of the Acts for Notary Dr Susan Mercieca for the period between 26th December, 2013 and 11th January, 2014.
Today, Monday, 6th January, 2014.
AlAN k. Zerafa
F/Registrar, Court of Revision of Notarial Acts
No. 14
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 Ruth Antoinette Antoncich to be Notary Delegate of the Acts for Notary Dr Francesca Portelli for the period between 14th January, 2014 and 18th February, 2014.
Today, Monday, 6th January, 2014.
AlAN k. Zerafa
F/Registrar, Court of Revision of Notarial Acts
No. 15
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 Rachel Busuttil to be Notary Delegate and Keeper of the Acts for Notary Dr Abigail Schembri.
Today, Monday, 6th January, 2014.
AlAN k. Zerafa
F/Registrar, Court of Revision of Notarial Acts
No. 16
ADOPTION ADMINISTRATION ACT
Cap. 495
Accreditation of Adoption Agencies
It is notified for general information that the following Agencies are accredited to carry out adoption services, by the Central Authority established by virtue of Article 7 of the Adoption Administration Act within the Department for Social Welfare Standards:
Agency name: Aġenzija Appoġġ
Address: 36, St Luke’s Road, Gwardamanġa PTA 1318
Legally Responsible Person: Ms Sina Bugeja
Email: (appogg@gov.mt)
Telephone number: 2295 9000.
Agency name: Adoption Legal Services
Address: P.O.Box 16 Naxxar
Legally responsible persons: Dr Ruth Scott and Dr Stephanie Galea
Email: (scottruth@gmail.com and csgalea@go.net.mt)
Telephone Number: 99470251/79210080.
Agency name: A New Life
Address: St Marks, St Anthony Street San Ġwann
Legally responsible person: Mr Albert Debono
Email: adoptionsnewlife@gmail.com
Telephone Number: 7941 3490
Agency name: Beyond Borders Adoption Agency
Address: P.O. Box 27 Balzan
Legally Responsible Persons: Ms Sarah Alamango and Dr Michelle Pace Micallef
Email: (info@adoptionsbeyondborders.com)
Website: (www.adoptionsbeyondborders.com)
Telephone number: 7956 0000.
No. 17
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.
Ġustifikazzjoni dettaljata tinstab hawn taħt:
A detailed justification is presented below:
Reference Number: TK 146478
Location: Royal Malta Yacht Club, Ta’ Xbiex Seafront, Ta’Xbiex, Malta
Proposal: To lay floating pontoons, lightweight landing platform and to resurface existing slipway
The following potential environmental impacts were identified and mitigation measures proposed in the Project Description Statement (PDS) submitted to MEPA on the 27th May 2010 and the justification for proposal from carrying out an Environmental Impact Assessment (EIA) submitted on 6th November 2013 and correspondence dated 15thJuly 2013.
Potential ImpactsRemarks on mitigation measures, etc.
Coastal water Pollution: The proposed development is not expected to have a cumulative adverse impact on the currents, and circulation wave deflection and water residence time in Lazaretto Creek and inner Marsamxetto Harbour.In turn, the proposal is expected to create a more regularised and organised operation, which will make mitigation, control, and enforcement of environmental issues easier.This is expected to result in an improvement over the current situation within the concerned areas.Proposal is also expected to minimise the risk of pollution, establish waste management practices (which are currently at a minimum), in full compliance with the applicable regulations and address other current undesirable inconveniences.
Waste generation: The amount of solid waste likely to be generated by the project during construction and operation is not likely to be significant considering the nature of the project. Operational waste will be managed through an environmental permit and the adoption of standard marina operation requirements.
Impact on air quality: The nature and size of the proposed project in relation to the existing related activity on site, and the traffic patterns of the wider landward area, is not likely to contribute to significant impacts on the air quality of the area.
Noise and vibrations: The project is not expected to give rise to significant noise and vibration impacts, and this in understanding of the nature of the larger land-based and sea-based uses of the adjacent sites, which is characterised by a larger yacht marina, and a densely urbanised area.
Light pollution: Light emissions during night time are not likely to be signficant over the current baseline situation. Furthermore, any potential impacts may be reduced with the use of down-lighters and minimisation of nocturnal lighting.
Notwithstanding the above, the Malta Environmental and Planning Authority reserves the right to request the applicant to submit additional information as may be necessary to determine the application.
No. 18
Ministry for Transport and Infrastructure
Government Grant on the Purchase of Environment-friendly Vehicles
The Ministry for Transport and Infrastructure in conjunction with Transport Malta will be launching another grant scheme to incentivise the purchase of new M1 motor vehicles whilst at the same time reducing the number of old motor vehicles from the road.
Subject to various conditions, the grant will vary between €500 and €900 which shall be given upon the purchase of a new motor vehicle M1 that qualifies for the grant scheme whilst at the same time de-registering a vehicle in the same category.
The scheme commenced on the 1st January, 2014 on a first come first serve basis.
The Scheme
1. Interpretation
For the purpose of the scheme, unless the context otherwise requires:
‘applicant’ means the person applying for the grant under this scheme and who, apart from being a person residing in Malta, is the purchaser of a new M1 vehicle as defined hereunder,
‘application’ means the application made for a grant under this scheme;
‘authorised treatment facility’ has the same meaning as assigned to it in the Registration and Licensing of Motor Vehicles Regulations (SL368.02);
‘Authority’ means the Authority for Transport in Malta set up under the provisions of the Authority for Transport in Malta Act (Cap. 499);
‘certificate of conformity’ means the document set out in Annex IX of Directive 2007/46/EC, issued by the manufacturer and certifying that a vehicle belonging to the series of the type approved in accordance with that Directive complied with all regulatory acts at the time of its production;
‘CO2emissions’ means the level of carbon dioxide emissions for a vehicle measured in accordance with Directive 80/1268/EEC as amended and contained in the relevant EC type-approval certificate or certificate of conformity, and where the vehicle is not type-approved, for that particular vehicle the emissions level contained in a document acceptable to the Authority;
‘dealer’ or ‘agent’ means a person or entity authorised to import, sell or buy motor vehicles;
‘de-registered’ means, for the purpose of this scheme, the permanent removal of a motor vehicle from its registration with Transport Malta and thereafter, that motor vehicle shall never be registered again to be used on the road in Malta;
‘de-registered vehicle’ means a motor vehicle which has been de-registered;
‘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;
‘grant’ means the grant being given under this scheme to the purchaser of a motor vehicle which satisfies the requirements of paragraph 4 (ii);
‘Malta’ means the islands of Malta;
‘Member State’ means a Member State of the European Union;
‘Minister’ means the Minister responsible for transport;
‘M1 vehicle’ means, for the purpose of this scheme, a new motor vehicle used for the carriage of persons and which may carry no more than eight passengers in addition to the driver, the CO2 emissions of which do not exceed 150g/km and its length does not exceed 4460mm as certified on the certificate of conformity, and is licensed for private use only;
‘new motor vehicle’ means an M1 vehicle which has never been registered in any country;
‘person’ means a natural person;
‘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 a letter issued from the expatriate office at the Ministry of Foreign Affairs;
‘private use’ means any use other than for hire or reward or financial gain;
‘purchaser’ means the person buying the new vehicle from another country or from the local agent or dealer, having that vehicle registered in his name and being the applicant for the grant under this scheme;
‘registered owner’ means the personin whose name a motor vehicle is registered by the Authority;
‘registration tax’ means the registration tax charged and levied in terms of the Motor Vehicles Registration and Licensing Act (Cap. 368);
‘seller’ means an agent or dealer as defined under this scheme;
‘used motor vehicle’ means a motor vehicle that has been registered;
‘vehicle registration certificate’ means the vehicle registration certificate issued by the Authority providing proof of registration of the motor vehicle.
2. Area of applicability
2.1 The scheme for a grant between €500 and €900 for the purchase of an M1 vehicle applies to a person residing in Malta who:
(i) owns an M1 vehicle which is at least 10 years old from year of manufacture, provided that such vehicle;
(a) shall have been registered, garaged or licensed with the Authority in the applicant’s name prior to the 4th November, 2013.
(b) shall continue to be so registered, garaged or licensed until the date of application for the grant, and
(c) is de-registered at the time of the registration of the new vehicle;
or
(ii) did not have any motor vehicle (M1 category) registered, garaged or licensed in his name with the Authority on the 4th November, 2013, but who has acquired and has registered, garaged or licensed in his name with the Authority an M1 vehicle which is at least 10 years old from year of manufacture after that date, provided that it is de-registered at the time of the registration of the new M1 vehicle
2.2. A grant of
a) €900 will be given to persons registering a new M1 vehicle with CO2 emission levels up to 100g/km,
b) €700 will be given to persons registering a new M1 vehicle with CO2 emission levels between 101 and 130g/km and
c) €500 will be given to persons registering a new M1 vehicle with CO2 emissions between 131g/km and 150g/km.
Every eligible person shall be entitled to only one grant under this scheme.
3.Manner of application and supporting documents
(i) An application for a grant under this scheme shall be made by the purchaser following the issue of an invoice by the agent/dealer to the purchaser, in the form set out in the schedule to this scheme and shall contain all the information, details and documents as required in the said form and in terms of this scheme.
(ii) Applications shall be accompanied by the following documents:
(a) copy of the Certificate of Conformity, detailing the chassis number, CO2 emissions, length and Euro standard of the vehicle;
(b) copy of a legally valid identification document of the applicant or a residence permit or letter issued by the expatriate office;
(c) declaration by the purchaser stating the amount ofgrantreceived from Transport Malta (applicable only where the vehicle has been imported or brought by the purchaser);
(d) a temporary destruction certificate issued by the approved destruction facilitycertifying that the vehicle has been destructedin the approved destruction facility.
(iii) Applications under this scheme, together with all the relevant documents, shall be submitted/sent by the agent or dealer on behalf of the applicant to the Driver and Vehicle Licensing Unit, Hornworks Ditch, Floriana, Hall C, between 7.30 a.m. and 3.00 p.m. during working days, together with all other relevant documents required for the registration of the vehicle.
4. Eligibility
(i) To be eligible, an applicant shall conform to sub-section 2.1 or 2.2 ofSection 2.
(ii) To qualify, the new (M1) motor vehicle shall:
(a) be Euro Standard 5b ( character J or K ) or 6b ( character T or W ) in accordance with Regulation (EC) 692/2008 as certified on the Certificate of Conformity;
(b) have CO2 emissions which do not exceed 150 g/km as certified on the Certificate of Conformity;
(c) have a length that does not exceed 4,460mm as certified on the Certificate of Conformity;
(d) not have been registered before the 1st January 2014;
(e) be licensed for private use.
(iii) To qualify, the motor vehicle to be de-registered shall:
(a) be at least ten (10) years old on the date of application, the age of the vehicle being determined as the calendar year as on the date of application less the year of manufacture as certified on the vehicle registration certificate;
(b) have been registered, garaged or licensed with the Authority in the name of the applicant on the date of application, as shown on the vehicle’s registration certificate or as confirmed by the Authority;
(c) be de-registered prior to the registration of the new vehicle;
(d) once de-registered, the motor vehicle shall be destroyed in accordance with the provisions of Part VIII of the Registration and Licensing of Motor Vehicles Regulations (SL368.02).
(iv)To qualify, an applicant shall not have benefitted from the grant schemes on the purchase of more environment-friendly cars which were in force in 2010, 2011, 2012 and 2013.
(v)The grant given to the purchaser shall not be assessed as income for income tax purposes.
5. Payment of Grant
Where an applicant qualifies for the grant, the grant shall be deducted by Transport Malta from the total amount of registration tax due on that particular vehicle being registered in the name of the purchaser. The registration tax will then be topped up with the equivalent amount by means of a transfer.
The grant would also be payable when the customer enjoys an exemption from registration tax and, in such a case, separate financial arrangements are made.
6. Validity of application
An application shall not be deemed to have been submitted by the applicant unless it is completed in full and is accompanied by all the relevant documents. If the application is not completed correctly and the relevant documents are not included, the claim for the grant shall not be processed unless the missing information is provided. The Authority shall write to the applicant advising him of the information required.
7. Refund of grant if the vehicle is transferred
The new motor vehicle purchased by the applicant for the grant shall remain registered in his name for a period of at least thirty-six (36) months from the date of first registration. If the registered owner of a new motor vehicle on which a grant has been provided under this scheme transfers the said vehicle, for any reason other than a transfer causa mortis to a heir, to a third party before the expiry of the thirty-six month period, then that person shall refund the grant received to the Authority.
8. Duration of scheme
This scheme shall remain into force for a maximum period of twelve months beginning on the 1st January, 2014 unless modified or terminated beforehand by a Notice in the Government Gazette. The scheme shall be automatically terminated when the total amount of the grants reach the amount of €300,000. Notwithstanding, the Government may terminate the scheme at any time by giving prior notice in the Government Gazette.
The scheme may be renewed as deemed necessary by the Minister by a Notice in the Government Gazette.
9. Amendments to the scheme
The Minister responsible for transport shall have the right to make any amendments to this scheme by a Notice in the Government Gazette.
10. Fraudulent claims
Where a fraudulent claim arises, the Minister responsible for transport may institute criminal proceedings against those responsible. In the event of an incorrect payment of a claim, the Ministry responsible for transport reserves the right to recover funds paid in error.
11. VAT refunds
Persons who receive a grant under this scheme shall not be eligible for any VAT refunds on the purchase of the new vehicle on which such a grant has been paid.
No. 19
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
10. 01. 2014€29.273€0.488