Cap. 588 Art. 3Interpretation.

(1) Unless otherwise provided in this Act, the provisions of article 2 of the Authority for Transport in Malta Act shall apply.

(2) In this Act unless the context otherwise requires, the following expressions have the meaning hereby assigned to them:

"Act" or "this Act" means this Act and includes any regulations made thereunder unless the context otherwise requires;

"Agency" means the Agency for Infrastructure Malta established under article 4 and includes any person acting on its behalf under powers delegated by the Agency to that person in accordance with the provisions of this Act;

"arterial and distributor road" means any road which has been classified and designated as such by the Authority for Transport in Malta, which classification and designation may be amended by the Authority for Transport in Malta from time to time;

"Board" means the Board of the Agency appointed in terms of article 8;

"carriageway" means that part of a road which is principally intended for vehicular traffic;

"Chairperson" means the Chairperson of the Agency and includes, in the circumstances mentioned in article 8, the deputy Chairperson;

"Chief Executive Officer" means the Chief Executive Officer of the Agency appointed under article 8;

"connected person" means a person who is connected to another person, in this definition referred to as a "Board member", by virtue of:

(a) being a Board member’s spouse or partner, child or step-child, parent, cohabitant of whatever nature in terms of the Cohabitation Act and any other dependent of that Board member; or

(b) being a body corporate in which the Board member or any of the persons mentioned in paragraph

(a) above or both:

(i) holds or hold shares of a nominal value equal to at least twenty per cent (20%) of the share capital of that body corporate; or

(ii) is or are entitled to control the exercise of more than twenty per cent (20%) of the voting power at any general meeting of that body corporate; or

(c) acting in a capacity as trustee of any trust, the beneficiaries of which include:

(i) the Board member, or any other person mentioned in paragraph (a) above; or

(ii) a body corporate as set out in paragraph (b) above; or

(d) acting in a capacity as a business partner of that Board member or of any person who, by virtue of paragraphs (a), (b) or (c) is connected with the Board member;

"financial year" means a period of twelve months st st beginning on the 1 day of January and ending on the 31 day of December of each year;

"footway" means the paved or surfaced area forming part of a road at one or both borders of a carriageway and which is intended for pedestrian traffic;

"Local Council" means a local council established under the Local Government Act;

"local road" means a road which is not designated as an arterial or distributor road and which is not a private road, and includes any road which has been classified and designated as such by the Authority for Transport in Malta, which classification and designation may be amended by the Authority for Transport in Malta from time to time;

"maritime infrastructure" includes any ports, piers, slipways, quays, jetties, landing places, port facilities, coastlines, piers, docks, mooring platforms, breakwaters and sea defences, and similar structures in or adjoining the same or similar places; "Minister" means the Minister responsible for Infrastructure as may be vested with responsibility for the Agency;

"port" means port according to the dispositions in the Authority for Transport in Malta Act;

"private road" means any way on land, by whatever name called, which is not the property of the Government and over which there is generally no public right of passage at all times of the day but which is accessible to vehicles and, or pedestrians, whether intended for vehicular and, or pedestrian traffic or not;

"road" means any way on land, by whatever name called, over which there is a public right of passage (by whatever means) and consists of carriageways and footways, and includes the road’s verge, and any bridge (whether permanent or temporary) over which, or tunnel through which, the road passes, and any reference to a road includes any part thereof, including:

(a) the foundations, sub-surfaces and surface dressing thereof;

(b) central strips, roundabouts, traffic islands, footways and bicycle lanes; and

(c) road drainage works and access thereto, trenches and trenching works for utilities including access thereto, ducting, conducting and the like for the distribution of utilities or the provision of services, including works connected therewith or ancillary thereto and manholes or other means of access to such utilities or works;

"utility service provider" means an authority or an enterprise, the primary business of which is to provide electricity, gas or water, potable or second class water, including disposal or treatment of sewage, and drainage services to the public.

Part I: Constitution and functions of the Agency for Infrastructure Malta