S.L. 499.35 Art. 56Exemptions from regulations.

(1) The designated authority may, if it considers it appropriate and on the conditions that it deems appropriate, exempt any person, ship, or port facility from any requirement specified in these regulations.

(2) The designated authority may not grant an exemption under subregulation (1) unless it is satisfied in the circumstances that -

(a) the exemption will not breach Malta’s international obligations under any maritime convention;

(b) one or more of the following applies -

(i) the prescribed requirements have been substantially complied with and that further compliance is unnecessary; or

(ii) the action taken or provision made in respect of the matter to which the prescribed requirements relate is as effective or more effective than actual compliance with the prescribed requirements; or

(iii) the prescribed requirements are clearly unreasonably or inappropriate in the particular case; or

(iv) events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case; and

(c) the risk to safety will not be significantly increased by the granting of the exemption.