S.L. 234.49 Art. 7Ordering of investigation.

(1) The head of marine safety investigation may cause any marine accident or incident to be investigated. Without prejudice to sub-regulations (2), (3) and (4), the discretion and extent not to exercise this authority shall solely remain with the head of marine safety investigation. In exercising his authority, the head of marine safety investigation shall ensure that a marine safety investigation shall not prejudice the conduct of inquires and investigations to shipping casualties under Part VII of the Act. In reaching his decision, the head of marine safety investigation shall also take into consideration co-operation with other States referred to in regulation 11: Provided that when a marine accident or incident involving a ro-ro ferry or high-speed passenger craft, to which these regulations apply occurs, the head of marine safety investigation shall order a marine safety investigation when:

(a) the marine accident or incident occurs in Maltese waters or,

(b) the marine accident or incident occurs in waters where Member States have no jurisdiction and the last port visited by the ro-ro ferry or high-speed passenger craft involved was a port in Malta.

(2) Where a report of an occurrence has been received in accordance with regulation 6, the head of marine safety investigation shall undertake a marine safety investigation once it is confirmed that the reported occurrence is a very serious casualty.

(3) Where a report of an occurrence has been received in accordance with regulation 6 and it is confirmed that the reported occurrence is a serious casualty, the head of marine safety investigation shall carry out a preliminary assessment and decide thereupon whether or not to undertake a marine safety investigation: Provided that in his deliberations to reach such decision, the head of marine safety investigation shall take into consideration:

(a) the potential impact of that investigation on other marine safety investigations in progress;

(b) whether the marine accident forms part of a series of marine accidents or incidents;

(c) type of vessel or cargo involved;

(d) the potential of the findings of that marine safety investigation to lead to the prevention of future marine accidents and incidents;

(e) any circulars, clarifications, codes, decisions, directives, guidelines, instruments, interpretations, publications, recommendations, regulations, resolutions, rules or any similar medium of IMO or any other body or organisation with an appropriate knowledge or competence on the subject matter: Provided further that when the head of marine safety investigation decides not to undertake a marine safety investigation as a result of that preliminary assessment, the reasons for that decision shall be recorded and notified through EMCIP.

(4) When the head of marine safety investigation is notified of an occurrence, which is determined to be an occurrence other than a very serious and serious marine casualty, he shall have the power to decide whether or not a marine safety investigation is to be undertaken, taking into consideration sub-regulation (3)(a) to (e).

(5) When the head of marine safety investigation decides to undertake a marine safety investigation, that investigation shall be started as promptly as is practicable after the marine accident or incident and, in any event, no later than two months after its occurrence.

(6) Prior to deciding whether a marine safety investigation should be carried out and if so, the form it should take, the head of marine safety investigation may cause information to be obtained as he considers necessary concerning the marine accident or incident and any remedial action taken as a result. Any person mentioned in regulation 6, as well as any other person who is in possession of such information and has been requested to do so by a safety investigator, shall provide such information to the best of his ability or knowledge.

(7) The Minister may require the head of marine safety investigation to investigate any marine accident or incident, or to expand the scope of the marine safety investigation to include any further consequences of a marine accident, such as:

(a) salvage and pollution aspects; or

(b) the conduct of search and rescue operations, and in such circumstances the head of marine safety investigation may conduct an investigation into the further consequences or causal factors of a marine accident, which may be separate and distinct from the investigation into the initial marine accident.