Home | Databases | WorldLII | Search | Feedback Maltese Laws

Malta Resources Authority Act (Cap. 423) Resources Appeals Board (Procedure) Regulations, 2009. (Ln 70 Of 2009 )

MALTA RESOURCES AUTHORITY ACT (CAP. 423)Resources Appeals Board (Procedure) Regulations, 2009.

IN exercise of the powers conferred by article 28 of the Malta Resources Authority Act, the Minister for Resources and Rural Affairs after consultation with the Malta Resources Authority, has made the following regulations:-

Board (Procedure) Regulations, 2009.

Title.

B 1005

“the Act” means the Malta Resources Authority Act;
“the Appeals Board” means the Resources Appeals
Board;
“the Authority” means the Malta Resources Authority; “the Chairman” means the Chairman of the Appeals
Board;
“the Code” means the Code of Organization and Civil
Procedure;
“the Minister” means the Minister responsible for resources;
“the Secretary” means the Secretary of the Appeals
Board.
(2) Subject to the provisions of subregulation (1) hereof, the provisions of article 2 of the Act shall apply to these regulations.

Interpretation.

Cap. 12.

Convening of Appeals

Board.

B 1006

Abstention and challenge of members.

Decisions by the

Appeals Board.

Secretary to the

Appeals Board.

Evidence and proof.

(a) any abstention or challenge of any member of the Appeals Board in accordance with article 33(3) of the Act; and
(b) the procedure to be followed by the Appeals Board.

(2) The decisions of the Appeals Board shall be in writing and shall be signed by the Chairman. The original of such decisions shall be kept in the registry of the Appeals Board together with the complete record of the proceedings of each appeal.
6. (1) The Secretary shall have, mutatis mutandis, all such powers and duties as are by the Code vested in the Registrar of the Superior Courts.
(2) On being notified that in accordance with article
36 of the Act an appeal has been lodged from a decision of the Appeals Board before the Court of Appeal (Inferior Jurisdiction), the Secretary shall without any undue delay ensure that the relative records of the Appeals Board are filed in the Registry of the aforesaid Court of Appeal.

(a) the hearing and examination of evidence and of enforcing the attendance of witnesses,
(b) the production of books and other documentary evidence,
(c) the appointment of technical experts, and
(d) the keeping of good order during the hearing of appeals,
the Appeals Board shall have all such powers as are vested by the Code in the Civil Court, First Hall and it shall, mutatis mutandis, be regulated by the appropriate rules set out therein.

(2) The records relating to the proceedings of the Appeals Board shall be kept in the registry of the Appeals Board which shall be located at a place established and notified by notice in the Gazette.

(2) The service of notices, warrants or orders of the Appeals Board shall be made by registered mail or by any other form as the Chairman may determine.

(a) the decision or directive of the Authority being appealed from, a copy of which shall be annexed to the application,
(b) a brief statement of the facts, (c) the grounds of the appeal, and
(d) a demand that the decision or directive of the
Authority be reversed or varied.
(2) The appeal application shall be filed with the Secretary in duplicate, one copy of which shall be served through the Secretary on the Authority.
(3) The Appeals Board may, at any time, allow any amendment to be made in the application for the purpose of making such application more clear:
Provided that the Appeals Board shall not take cognizance of any grounds other than those submitted in the appeal application.
B 1007

Place of sittings and registry of the Appeals Board.

Signing and service of notices etc.

Appeals to the

Appeals board.

B 1008

Reply by the

Authority.

Hearing of the Appeal.

Fees payable to members of the legal profession, etc.

Procedure.

(2) Notice of the day and time appointed for the hearing of the appeal shall be given to the appellant and to the Authority on Form A set out in the Schedule hereto.
(3) The appellant and the Authority may be assisted during the hearing of the appeal by an advocate or a legal procurator or a technical adviser.
(4) The notice to be given to any person to appear before the Appeals Board to give evidence and, or produce books or other documents, shall be given on Form B set out in the Schedule hereto.

7(c) hereof shall be taxed by the Appeals Board on the basis of fair and reasonable compensation for work done.

SCHEDULE
B 1009
Regulation 12(2)
FORM A

Notice of the day and time for the hearing of an appeal before the Resources Appeals
Board
To ................................................................................................................................. I have to inform you that the Resources Appeals Board will hear on .........................
.......................................................................................................................................
at .................................. the appeal entered by ........................................... against the
Malta Resources Authority.
Date .............................................
......................................................................... Chairman of the Resources Appeals Board
......................................................................... Secretary of the Resources Appeals Board
FORM B Regulation 12(4)

B 1010

Notice to a person to give evidence and, or to produce books etc., before the Resources
Appeals Board
To .................................................................................................................................. You are hereby required to attend before the Resources Appeals Board on
....................................................................................................................................... at ....................................................... in order to give evidence in an appeal made by
....................................................................................................................................... and/or to produce ......................................................................................................... being books or documents in your custody or under your control.
Failure to attend as hereby required will expose you to the sanctions prescribed by law.
Date .............................................
......................................................................... Chairman of the Resources Appeals Board
......................................................................... Secretary of the Resources Appeals Board

Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper <.. image removed ..>

Prezz/Price

€0.56