S.L. 535.2 Art. 6Marine scientific research.

(1) The right to regulate, authorise and conduct marine scientific research on the continental shelf is vested in the Government.

(2) No research entity shall conduct marine scientific research on the continental shelf unless in terms of a licence granted by the Prime Minister issued under these regulations, and in accordance with any requirement or condition of such licence.

(3) The Prime Minister may, without prejudice to the generality of his discretion under the preceding sub-regulations, withhold his consent to grant such licence for the conduct of a marine scientific research project on the continental shelf of Malta if that project:

(a) is of direct significance for the exploration and exploitation of natural resources, whether living or non-living; or

(b) involves drilling or coring into, or sampling from, the continental shelf, the use of explosives or the introduction of harmful substances into the marine environment; or

(c) involves the construction, operation or use of artificial islands, installations, structures and devices; or

(4) Any research entity intending to undertake marine scientific research on the continental shelf of Malta shall, not less than six months in advance of the expected starting date of the marine scientific research project, provide the Government with an application for consent, in a format provided by Government, giving a full description of:

(a) the nature and objectives of the project;

(b) the method and means to be used, including name, tonnage, type and class of vessels and a description of scientific equipment;

(c) the precise geographical areas in which the project is to be conducted;

(d) the expected date of first appearance and final departure of the research vessels, or deployment of the equipment and its removal, as appropriate;

(e) the name of the sponsoring institution, its director, and the person in charge of the project; and

(f) the extent to which it is considered that the Government should be able to participate or to be represented in the project.

(5) Any research entity when undertaking marine scientific research on the continental shelf of Malta shall comply with the following conditions:

(a) ensure the right of the Government, if it so desires, to participate or be represented in the marine scientific research project, especially on board research vessels and other craft or scientific research installations, when practicable, without payment of any remuneration to the scientists of the Government and without Government’s obligation to contribute towards the costs of the project;

(b) provide the Government, at its request, a daily position report of the research vessel or other craft or scientific research installations;

(c) provide the Government, at its request, with preliminary reports, as soon as practicable, and with the final results and conclusions after the completion of the research;

(d) comply with all applicable health, safety and environmental regulations and guidelines;

(e) provide access for the Government, at its request, to all data and samples derived from the marine scientific research project and likewise furnish it with data which may be copied and samples which may be interpretation;

(g) ensure that, as soon as practicable, the research results are made internationally available through appropriate national or international channels, provided that if the research results of a project are of direct significance for the exploration and exploitation of natural resources, then such results shall not be made available in accordance with this sub-regulation without the prior consent in writing of the Government;

(h) inform the Government immediately of any major change in the research programme;

(i) unless otherwise agreed with the Government, remove the scientific research installations or equipment once the research is completed; and

(j) comply with any other condition which Government may reasonably impose.

(6) Nothing in sub-regulation (5) shall be construed as limiting the discretion of the Prime Minister to grant or withhold consent pursuant to sub-regulation (3).

(7) The Government shall have the right to require the suspension of any marine scientific research activities in progress on its continental shelf if:

(a) the research activities are not being conducted in accordance with the information communicated as provided under sub-regulation (4) upon which the consent of the Government was based; or

(b) the research entity conducting the research activities fails to comply with the provisions of sub-regulation

(5) concerning the rights of the Government with respect to the marine scientific research project.

(8) The Government shall have the right to issue an order requiring the suspension or cessation of any marine scientific research activities in case of any non-compliance with the provisions of sub-regulations (4) and (5) which amounts to a major change in the research project or the research activities.

(9) The Government shall also have the right to issue an order requiring suspension or cessation of marine scientific research activities if any of the situations contemplated in sub-regulation (8) are not rectified within a reasonable period of time.

(10) Following notification by the Government of its decision to order suspension or cessation, such research entity authorised to conduct marine scientific research activities shall terminate the research activities that are the subject of such a notification.

(11) An order of suspension or cessation under sub-regulation

(12) Any person who contravenes any of the provisions of this regulation shall be liable, on conviction, to a fine (multa) not exceeding five hundred thousand euro (€500,000).

(13) For the purposes of the preceding sub-regulations, the Government shall, subject to its obligation to act reasonably, have the exclusive competence to determine what amounts to a major change in any given project.

(14) There shall be payable to the Government a non-refundable administrative charge of three hundred euro (€300) for any application for marine scientific research submitted to Government in accordance with sub-regulation (4).