Government Notices published in Govt. Gazette No. 19,448 of 03 July 2015

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 Friday, 26th June, 2015 and that the arrangements made by Government Notice No. 600 of the 24th June, 2015, ceased to have effect accordingly.

IT is notified for general information that the President of Malta, acting on the advice of the Prime Minister, has appointed:

Magistrate Dr Giovanni Grixti, LLD

Magistrate Dr Miriam Hayman, LLD

to be Judges of the Superior Courts (Malta) with effect from 5th June, 2015.

IT is notified for general information that the President of Malta, acting on the advice of the Prime Minister, has appointed:

Dr Joe Mifsud, LLD

Dr Monica Vella, LLD

to be Magistrates of the Court of Magistrates (Malta) with effect from 5th June, 2015, and as Magistrates of the Court of Magistrates (Gozo) whenever the occasion and need arises.

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

Bill No. 106 entitledthe Re-Use of Public Sector Information Act, 2015;

Bill No. 107 entitledthe Development Planning Act, 2015;

Bill No. 108 entitledthe Environment Protection Act, 2015; and

Bill No. 109 entitledthe Environment and Planning Review Tribunal Act, 2015.

Adoption Board

IT is hereby notified for general information that in exercise of the powers conferred by article 3 of the Adoption Administration Act of 2008 (Cap. 495), and for the purpose of that Act, the Minister for the Family and Social Solidarity has appointed the Adoption Board, for a period of two years with effect from the 22nd June, 2015, as follows:

Chairperson

Dr Michael Buhagiar, LLD

Members

Dr Adrian Camilleri, BA (Legal Humanistic Studies), LLD

Prof. Mary Anne Lauri, PhD, AFBPs, CSi

Dr Dione Mifsud, BEd (Hons.), Dip. Sch. Couns., Dip. Gest. Psych., MSc (Counc.) Bristol, EdD (Bristol), ECP

Dr Karen Mugliett, BEd (Hons.), MEd, Dip. Ed., EdD (Sheffield)

Ms Justine Scerri Herrera, LLB, Dip. Not. Pub.

Ms Roslynn Vella, BA (Hons.) Soc. Work, MSc (HRM & Trg)

Secretary

Ms Nadya Hansen, Dip. Soc. Stud. (Gender & Development)

IT is hereby notified that the Minister for Economy, Investment and Small Business has re-appointed the Board of Malta Industrial Parks Ltd for a period of two years with effect from 1st June, 2015, as follows:

Chairman

Mr Tony Zahra

Deputy Chairman

Mr Joshua Zammit

Members

Dr Michael Vella Haber

Ms Anita Mangion

Mr Jeremy Dalli

Mr George Gatt

IT is hereby notified that the Minister for Economy, Investment and Small Business has re-appointed the Board of CASMA Ltd for a period of one year with effect from 1st June, 2015, as follows:

Chairman

Dr Robert Abela

Directors

MrHarold Walls

Notary Joe Cilia

Dr Caroline Farrugia

THE Principal Permanent Secretary in the Office of the Prime Minister has approved the following acting appointment:

NAMEPOSTDEPARTMENTDATE

Is-Sur Paul AzzopardiActing Director and PressInformation4 - 14.7.2015

Registrar

Warrants of Notary Public

It is notified that the persons listed hereunder, after having complied with the provisions of the mentioned Act, have been appointed Notary Public by Warrant of the President of Malta, dated 26th June, 2015.

Mr David Joseph Borg

Mr Ryan Caligari

Ms Jacqueline Calleja

Mr Reuben Collins

Ms Christina Marie Grima Tabone

Mr Fabio Imbroll

Ms Maria Stella Magri

Ms Louanne Magri

Ms Maria Micallef

Ms Stephanie Micallef

Ms Corazon Mizzi

Ms Anne Marie Saywell

Ms Emily Paula Zarb

Compensation Scheme for the Temporary Cessation of Fishing Activities

The swordfish fishery is subject to a closed fishing season in accordance with ICCAT Recommendation 13-04 for Management Measures For Mediterranean Swordfish In The Framework of ICCAT. Such a closed fishing season is a technical conservation measure in line with Article 7 of Regulation (EU) 1380/2013 on the Common Fisheries Policy. The Minister for Sustainable Development, the Environment and Climate Change, and the Parliamentary Secretary for Agriculture, Fisheries and Animal Rights, in view of the need to further provide for financial assistance to owners of vessels operating in the swordfish fishery during the closed season period of November in order not to increase the general fishing effort on other fish stocks, are instituting a Compensation Scheme for such owners as follows:

1. Definitions

In this scheme, unless the context requires otherwise:

“Director” means the Director responsible for Fisheries;

“Minister” means the Minister responsible for Sustainable Development, the Environment and Climate Change.

“owner” means the natural or legal person under whom a fishing vessel is registered.

“Single undertaking” includes all enterprises having at least one of the following relationships with each other:

(a) one enterprise has a majority of the shareholders’ or members’ voting rights in another enterprise;

(b) one enterprise has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another enterprise;

(c) one enterprise has the right to exercise a dominant influence over another enterprise pursuant to a contract entered into with that enterprise or to a provision in its memorandum or articles of association;

(d) one enterprise, which is a shareholder in or member of another enterprise, controls alone, pursuant to an agreement with other shareholders in or members of that enterprise, a majority of shareholders’ or members’ voting rights in that enterprise.

Enterprises having any of the relationships referred to in points (a) to (d) of the first subparagraph through one or more other enterprises shall also be considered to be a single undertaking.

2. Who is eligible for such assistance

Owners of fishing vessels which are registered as active in the swordfish fishery and which have carried out fishing activities at sea for at least 120 days during the last two calendar years preceding the date of submission of the application for support shall be eligible.

The licenced fishing vessel should not have carried out any fishing activities during November.

The owner of a fishing vessel should have declared sales of at least €15,000 or more during at least 1 of the previous 3 years supported by valid sales notes.

Whoever is in possession of a licence for fishing for dolphin-fish is not eligible.

3. How does a person acquire the right for this assistance

1. This assistance is awarded through a claim, which must be submitted on the form provided by the Department of Fisheries and Aquaculture. This form may be obtained from the Fishers’ Cooperatives or from the Department of Fisheries and Aquaculture.

2. Any application made should include the following information, details and documentation:

(a) Documentary evidence showing income and capital assets (where applicable);

(b) Income Tax Return;

(c) A copy of the vessel licence;

(d) Be registered with the Employment and Training Corporation as a fisherman;

(e) Official documentation showing the amount of social contributions paid during the months of fishing inactivity;

(f) Copy of sales notes

3. A claim for such assistance is subject to the following provisions:

(a) The application will not be considered valid unless all the required documents are attached to it; and

(b) the right for such assistance shall only accrue from the date such an application has been officially received by the Department of Fisheries and Aquaculture;

(c) In the case of co-owners only 1 application per vessel will be accepted (with the consent of all the owners), however in the case of assistance on the social contributions paid the co-owners may be eligible on condition that they satisfy all the requirements;

(d) In the case of companies the right forassistance of a payment equal to the social contributions is forfeited

4. The Director shall, from time to time, request any other document that may be required so that the claim may be processed, revised or renewed and may make use of any documentation present at the Department or request information from other Departments.

4. Income that is calculated and when the rightfor such assistance is lost

When a person qualifies for this assistance, the right for such assistance is automatically lost when the vessel is no longer anchored in port and is used in other activities on the sea.

5. What does such assistance consist of

This assistance falls under the provisions of Commission Regulation (EU) 717/2014 of 27th 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. The assistance is being provided in line with Article 33 of Regulation (EU) 508/2014 of 15th May, 2014 on the European Maritime and Fisheries Fund. Any other applicable legal provisions governing the sector and state aid will apply.

In the case of entitlement, this assistance consists of a payment equal to the social contributions paid during the period of inactivity and of a compensation of €3,000 per vessel.

In the case of social contributions equivalent the applicant should show to the satisfaction of the Director (Fisheries) that the applicant has not engaged in other economic activities or gainful employment during the year.

Applicants who have been the beneficiaries of other de minimis state aid measures will not be eligible if the aid received (including the aid being requested under this scheme which shall also be taken into consideration) in the last 3 years exceeds the limit of €30,000. Applicants will be requested to sign a declaration to this effect.

6. How shall it be paid

1. This assistance shall be paid by means of a cheque which will be mailed by post.

2. This cheque, will be valid for a period of six months from date of issue.

7. Whenever false information is given or failure to conform to the provisions of the scheme

In case of providing information that results to be false or in the case of a change in circumstances that the Director has not been made aware of, the applicant will be liable to necessary legal action.

8. Duration of the Scheme

The date when this scheme comes into force shall be the date of publication and will terminate on the end of 2018. Annual claims by interested parties need to be submitted as per point 3.

9. Amendments to the Scheme

The Minister shall make the necessary amendments to this scheme by publishing the said amendments in the Government Gazette.

A Once-Only Grant for Vehicles Registered and Licensed for Personal Use between 1st May, 2004 and 31st December, 2004

IN ORDER to implement one of the measures identified in Budget 2015, the Prime Minister, the Minister for Finance and the Minister for Transport and Infrastructure have developed the following Scheme that provides a once only grant for vehicles registered and licensed for personal use between the 1st May 2004 and the 31st December 2004.

SCHEME

1. Interpretation

In this Scheme, unless the context otherwise requires:

“Malta” means the Maltese Islands;

“applicant” means an individual resident in Malta, who is eighteen years and over on the date of application and on whose name the vehicle in respect of which an application is made under this Scheme was first registered and licensed in Malta;

“vehicle” means vehicles used for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat (Category M1), vehicles used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes (Category N1), two-wheeled vehicles with or without a sidecar, fitted with an engine having a cylinder capacity of more than 50 cm3of the internal combustion type and, or having a maximum design speed of more than 45 km per hour, and including a motor tricycle (Motorcycles) and four-wheeled bikes with handlebars whose maximum design speed is more than 45 km per hour (Quadbikes) intended exclusively for personal use by the applicant;

“effective period” means the period between the 1st May 2004 and the 31st December 2004;

“first licensed owner” means any person in whose name the vehicle was first licensed upon purchase and during the effective period but shall not include a licensed vehicle dealer or vehicle importer unless the licensed vehicle dealer or importer shows that the vehicle was registered and licensed in his/her name and capacity and intended for his/her exclusive personal use.

“Transport Malta” is the Authority for Transport in Malta set up by Act XV of 2009.

2. Area of applicability

This Scheme applies to the expenditure that was incurred on a one time occasion upon the registration and licensing of a vehicle by the applicant during the effective period. The applicant shall be entitled to a grant, equivalent to the VAT paid on the registration tax, in respect of the registration and licensing of the vehicle for personal use.

The Scheme applies to all first licensed owner of the vehicle who purchased the vehicle during the effective period irrespective of whether the vehicle is still in his/her possession when the applicant applies for the grant under the Scheme. The Scheme also applies to the heirs of the first-registered owner of the vehicle, who will have purchased the vehicle during the effective period, irrespectively of whether the vehicle is still in the possession of the heirs when the application for the grant under the Scheme is made.

3. Manner of application and supporting documents

(i) Applications under this Scheme shall be made on the application form set out in the Schedule to the Scheme and shall contain all the information and details as required in the said form and in terms of this Scheme.

(ii) In the case of applications under this Scheme made by the heirs of the same decujus, the application shall be made by the heir. Where there is more than one heir, there shall be made one joint application by the heirs. Together with the application, there shall be produced a declaration made by a notary public, in which declaration there shall be declared who the heir/s of the decujus is or are,on condition that the decujus was eligible to apply for the Scheme.

(iii) Applications shall be accompanied by any other document and information which the Minister responsible for Finance may, from time to time, require.

(iv) Only those applications that are found to conform with the provisions of this Scheme shall be eligible for payment of the grant.

(v) Applications under this Scheme, including the documents that are to be attached to the application, shall be submitted to the Authority for Transport in Malta, Transport Malta, Land Transport Directorate, Triq Sa Maison, Floriana, FRN 1612, by not later than the 31st July, 2015.

4. Grant payable under this Scheme

Eligible applicants may apply for a grant in respect of the purchase of a vehicle registered and licensed by them during the effective period.

Eligible applicants can only apply for the relative grant up to a maximum of three vehicles registered and licensed within the effective period.

5. Payment of Grant

The full amount of the grant will be paid to the applicant by cheque which shall be posted to the address as provided by the applicant shown on the form. No interests shall run on the amount of the grant due to the applicant. It is a condition of this Scheme that by accepting the grant, the applicant shall be renouncing to any other claim. An amount equal to the sum paid under previous similar grants shall be deducted from the final payment where applicable.

6. Validity of application

An application shall not be deemed to have been submitted unless it is full and complete in all material respects and unless it contains all the information and is accompanied by all the documentation requested therein.

7. Review of decisions

An applicant whose application for the payment of the grant under the Scheme was not acceded to shall be informed of such refusal by means of a registered letter. An applicant who feels aggrieved from the decision taken has the right to request a revision of the said decision within 10 days from the receipt of the letter. The request for a revision, together with a copy of the refusal letter, or a copy of the actual cheque payment shall be sent within the established period by means of a registered letter addressed to the Secretary Grant Review Board, 2, Triq Mikiel Anton Vassalli, Valletta CMR 02.

The request shall be reviewed by the Grant Review Board which Grant Review Board shall be set up following an order issued by the Minister responsible for Finance and published in the Government Gazette. The decision of the Grant Review Board shall be final and there shall be no appeal from the decision of the Grant Review Board.

8. Amendments to the Scheme

The Minister responsible for Finance shall have the right to make any amendments to this Scheme by the publication of the said amendments in the Government Gazette.

Lower Barrakka Gardens

It is notified for general information that as enabled by Article 2 of the Public Gardens (Closing) Ordinance (Cap. 34), the Director of Agriculture has approved that on Friday, 10th July, 2015, from 4.00 p.m. onwards the Lower Barrakka Gardens will be closed to the public and will be under the control of the Police Commissioner.

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

3.7.2015€34.251€0.484