MALTA Law and Practice Contributed by: Ann Fenech, Adrian Attard, Lara Saguna Axiaq and Martina Farrugia, Fenech & Fenech Advocates
within the territorial waters of Malta. If a wreck is located in Maltese waters and may pose a haz - ard, the Authority for Transport in Malta is given the power to issue a “wreck-removal notice”, informing the registered owner of the deadline within which the wreck is to be removed. Should the registered owner fail to remove the wreck, the Authority may do so itself at the registered owner’s expense. In the case of a marine accident involving or occurring on board a Maltese ship and involv - ing a death, a marine safety investigation may be carried out under SL 234.49, titled the Mer - chant Shipping (Accident and Incident Safety Investigation) Regulations. The purpose is not to apportion blame or determine civil and criminal liabilities, but to prevent future maritime acci - dents and incidents. In the case of living and working conditions on board which are clearly hazardous to the safety, health or security of seafarers, or for deficiencies which constitute a serious or repeated breach of the Merchant Shipping (Maritime Labour Con - vention) Rules, the Authority for Transport in Malta can hear complaints and detain the ship until such time as these are rectified. Where the vessel is not Malta-flagged, the Authority shall immediately inform the flag state administration in writing, or, where unavailable, the consul or nearest diplomatic representative of that state, and may request that the flag state reply within a prescribed deadline. 1.3 Domestic Legislation Applicable to Ship Registration The Merchant Shipping Act, Chapter 234, Laws of Malta (MSA) is the primary legislation govern - ing ship registration. The Act is supplemented by several subsidiary regulations which handle all ship-registration matters. The authority respon -
sible for the registration of vessels is the Mer - chant Shipping Directorate within the Authority for Transport in Malta, referred to as Transport Malta. 1.4 Requirements for Ownership of Vessels The registered owner of a vessel under the Mal - tese flag may be a Maltese or non-Maltese entity or be an individual (provided that such individual holds a valid EEA, EU, Swiss or UK passport). In the case of a non-Maltese entity or individual, a resident agent must be appointed in Malta to act as a channel of communication between the Maltese authorities and the non-Maltese owner. The MSA also caters for the possibility of regis - tering a vessel still under construction. 1.5 Temporary Registration of Vessels Under Maltese law, a vessel is initially regis - tered provisionally for a period of six months. During this period, mortgages may be regis - tered securely. The provisional registration may be extended for additional periods of up to a maximum of one year, during which time proof of ownership documentation, together with cer - tain technical documents, needs to be filed with the ship registry for the purposes of obtaining permanent registration. The MSA provides for various registration options: • straight; • bareboat-out;
• bareboat-in; and • dual registration.
In the case of dual registration, the interests of the owner are registered with the Malta Ship Registry, while charterers also operate the vessel under the Maltese flag. Charterers may apply to
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