Seaman's Handbook

Authority for Transport in Malta Act - Chapter 499

36.

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    • The property and undertakings owned by the Malta Maritime Authority or by the Malta Tr ansport Authority or by the Civil Aviation Department and used by any one of them immediately before the date of the coming into force of this Part of this Act, or owned by the Government and used by any of the said Authorities or by the said Department before the said date, for the operation of any of the functions which by this Act are being transferred to or vested in the Authority shall, on the date aforesaid, by virtue of this Act and without further assurance, be transferred to and vested in the Authority under the same title by which they were used or held by Malta Maritime Authority or the Malta Transport Authority or the Civil Aviation Department immediately before the said date.
    • The immovable assets from time to time specified in an Order made by the President of Malta and published in the Gazette (hereinafter referred to as "the immovable assets") being immovable assets which immediately before the coming into force of the Public Transport Authority (Amendment) Act, 2000, were owned by the Government and used by it for the exercise of any of the functions which by this Act are being transferred to or vested in the Authority shall, with effect from such day as may be specified in any such Order, and by virtue of this Act and without any further assurance be transferred to and vested in the Authority under the same title by which they were held by the Government before such day.
  • The transfer and vesting in the Authority as aforesaid shall extend to the whole of such property and undertakings and, without prejudice to the generality aforesaid, shall include all plant, equipment, apparatus, instruments, vehicles, ships, craft, wharves, quays, piers, jetties, buildings, structures, installations, land, roads, works, stocks and other property, movable or immovable, assets, powers, rights and privileges and all things necessary or ancillary thereto which are held or enjoyed in connection therewith or appertaining thereto, as well as all obligations affecting or relating to any of the aforesaid property or undertakings or other thing included therein as aforesaid:
    Provided that in respect of aerodromes, roads, wharves, quays, piers and jetties the transfer and vesting in the Authority as aforesaid shall not extend to the ownership thereof but shall be limited to their use, administration and operation including any benefit deriving from such use, administration and operation, subject to the obligation of the Authority to maintain, to the extent that such maintenance is not the responsibility of Local Councils in terms of the first proviso to article 6(4)(b), and keep all such property, and for the purposes of articles 37 and 38 such property shall be deemed to be included in the properties transferred to the Authority by or under this Act.
  • The Minister may by Order in the Gazette from time to time vest in the Authority any land held by the Government in order that the Authority may construct any aerodrome, road, port, wharve, quay, pier or jetty thereon, and the provisions of the proviso to subarticle (2) shall apply to any land so vested by the Minister under this sub-article.

37.

  • Subject to other provisions of this Act, all laws, rules, regulations, orders, judgements, decrees, awards, deeds, bonds, contracts, agreements, instruments, documents, warrants and other arrangements, subsisting immediately before the date of the coming into force of this Part of this Act affecting or relating to any of the properties or undertakings transferred to the Authority by or under this Act and in which the Government or a government authority is a party thereto or is named therein shall have full force and effect against or in favour of the Authority, and shall be enforceable f r eely and eff ectual ly, in such manner as i f ins tead of the Government or governmental authority the Authority has been named therein or had been a party thereto, and otherwise in substitution of the Government or governmental authority.
  • Any reference in any law to the Malta Transport Authority or the Public Transport Authority or the Malta Maritime Authority or the Civil Aviation Department shall be read and construed as a reference to the Authority as so defined in article 2 and shall include a reference to any Directorate established under this Act, as the case may require.

38.

  • Anything relating to any of the properties or undertakings or any right or liability transferred to the Authority by or under this Act which has been commenced by or under the authority of the Government, the Malta Maritime Authority or the Malta Transport Authority or the Civil Aviation Department before the date of the coming into force of this Part of this Act may continue to be carried on and completed by or as authorised by the Authority on or after such date.
  • Where immediately before the date of the coming into force of this Part of this Act there are still pending any legal proceedings relating to any of the properties or undertakings, or to any right or liability, transferred to the Authority by or under this Act and to which the Government, the Malta Maritime Authority or the Malta Transport Authority or the Civil Aviation Department is or is ent i tled to be a par ty, the Authori ty shal l , as f rom the date aforesaid, be substituted in such proceedings for the Government, or for the aforesaid Authorities or Department, as the case may be, or shall be made a part thereto in like manner as the Government, any such Authority or Department could have become a party as aforesaid, and such proceedings shall not abate by reason of the substitution.
  • The Minister may by order make such incidental, consequential and supplemental provisions as he may deem neces sary or expedient for the purpose of determining, as appropriate, the assets transferred to the Authority by this Act and securing and giving full effect to the transfer of any property or undertaking or any right or liability to the Authority by this Act and make such orders as may be necessary to make any powers and dut ies exercisable by the Government , the Malta Maritime Authority or the Malta Transport Authority or the Civil Aviation Department in relation to any of the transferred property or undertakings exercisable by or on behalf of the Authority.