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Cap. 499 · Authority For Transport In Malta Act (Cap. 499)

Cap. 499 чл. 36Transfer of assets to the Authority.

PART VI

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(1) (a)The property and undertakings owned by the Malta

Maritime Authority or by the Malta Transport

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.

(b) The immovable assets which immediately before the coming into force of this Act were owned by the Government and used for the exercise of any of the functions which by this Act are being transferred to or vested in the Authority shall 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 the coming into force of this Act.

(2) 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 7(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.

(3) 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 sub-article (2) shall apply to any land so vested by the Minister under this sub-article.