Cap. 535 · Continental Shelf Act (Cap. 535)
Cap. 535 Art. 4Power to make regulations.
(1) The Prime Minister may, from time to time, make regulations with respect to all or any one or more of the following purposes:
(a) regulating the exploration and exploitation of the natural resources of the continental shelf;
(b) regulating or prohibiting the construction, erection, placing, or use of artificial islands, installations, structures or devices in, on, or above the continental shelf:
(i) in connection with the exploration of the continental shelf or that part thereof or the exploitation of its natural resources, or
(ii) in places where they could cause interference with the rights of the Government of Malta to explore and exploit the natural resources of the said continental shelf, or
(iii) in places where they could cause interference with the use of recognised sea lanes essential to international as well as coastwise navigation;
(c) establishing safety zones around any such artificial islands, installations, structures or devices in, on, or above the continental shelf;
(d) regulating the laying, maintenance and monitoring of submarine cables and pipelines;
(e) regulating marine scientific research;
(f) regulating carbon capture and storage;
(g) prescribing such measures as he considers necessary in any such safety zone for the protection of the artificial island, installation, structure or device with respect to which the safety zone is established;
(h) regulating or prohibiting the entry of ships into any such safety zone, subject to any exceptions provided by the order from entering, without his consent, such part of that area as may be specified in the order;
(i) prescribing measures to be taken in any such safety zone for the protection of the living resources of the sea and the natural resources of the continental shelf from harmful agents;
(j) prescribing the notice to be given of the construction, erection, or placing of artificial islands, installations, structures or devices in, on, or above the continental shelf;
(k) prescribing the permanent means to be installed for the purpose of giving warning to shipping and aircraft of the presence of artificial islands, installations, structures or devices in, on, or above the continental shelf;
(l) providing for the removal of artificial islands, installations, structures or devices constructed, erected, or placed in, on, or above the continental shelf which have been abandoned or have fallen into disuse;
(m) prohibiting or restricting any exploration or exploitation of -
(i) the continental shelf or any specified part thereof; or
(ii) its natural resources which in the opinion of the Government of Malta could result in any unjustifiable interference with navigation, fishing, or the conservation or management of the natural resources of the sea, including the seabed and subsoil, or which could interfere with national defence or with marine scientific or other research or with submarine cables or pipelines;
(n) protecting the marine environment;
(o) providing for such matters as are necessary, including the prescription of fees and levying of taxes, for giving full effect to this Act and for the due administration thereof;
(p) regulating licensing procedures with regard to activities carried out on the continental shelf; and
(q) prescribing the minimum and maximum punishments, whether by way of fine (multa) or of imprisonment, to be applied in respect of any contravention or non-observance of any regulation made under this article: Provided that any punishment prescribed in the regulations made under this sub-article shall not exceed a fine (multa) of two million euro (€2,000,000), and shall not exceed a term of five years imprisonment, or both, in respect of any contravention or non-observance of any such regulation.
(2) By virtue of this article, the Prime Minister is also empowered to make any regulations or orders as may be required for the proper implementation and administration of this Act and any of the regulations made thereunder.
(3) In this article, the term "continental shelf" includes the sea-bed and subsoil of the submarine areas within the limits of the internal waters and the territorial waters of Malta: Provided that nothing in this article shall affect the rights and powers of the Government of Malta under the appropriate laws in respect of areas within the limits of the territorial waters of Malta.