Issue link: https://maltatoday.uberflip.com/i/1281593
15 maltatoday | SUNDAY • 23 AUGUST 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apart- ments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639 SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT LONDONER PUB - we require an expe- rienced cook/chef for immediate full- time employment at the Londoner Pub Smart City. Pay rate 5.00€ per hour. Send e-mail to: info@thelondonerpubs. com.mtom HALIMA CONSTRUCTION LTD - we have job positions for waiters, clean- ers and helpers in offices, hotels, hos- tels, guest houses, agricultural work (handling of agricultural produce) and other establishments and for construc- tion labourers, electricians and wood- workers. Applicants must have min- imum if one / two years experience, fluently speak English and other lan- guages. Hourly rate Eur4.50. Interested applicants may send e-mail to: secre- tary@a-plusplus.eu J&G FARRUGIA CONTRACTORS LTD - we are based in Zebbug Malta, spe- cialising in building construction and alterations, is recruiting labourers, steel fixers and shutterers to work in build- ing construction. Main duties will be in assisting in brick laying, concrete shut- tering and related work. Full Time role. Involves manual labour/outdoor work. At least 6 months experience is need- ed + English and/or Maltese speaking. Annual Gross Salary Euro 10,200. Apply via email: jfarrugiaconstruction.hr@ gmail.com JUFU ASIAN RESTAURANT (Senglea) - we require on a full time basis a restau- rant manager and a cleaner. For further information or to apply email on: huxi- huan88@gmail.com MT CLEANWELL – We are seeking to recruit staff for the following positions; construction site cleaners, public area, restaurant/factory cleaners. Full Time and immediate employment. Candidates must speak Maltese or English. Duty requirements will include carrying heavy items and the flexibility to work night shifts, weekends and public hol- idays. Monthly wage 800 -1200 euros. Send your CV via email: mtcleanwell@ gmail.com NERIKU Confectionery Ltd, Paola is recruiting the following positions: Cleaner, Demi Chef De Partie - Pastry, Demi Chef De Partie, Demi Turkish Chef De Partie, Chef De Partie, Sous Chef, Junior Sous Chef, Commis Chef, Kitchen helper, Food and Beverage Server and Dishwasher. Applicants must be English and/or Maltese speak- ing and ready to work weekends / eve- nings. Contract 1 Year. Apply by email sales@neriku.com OASIS TRAVEL AND TOURISM - we are seeking to recruit staff for bus driv- ers. Kindly send your CV to philip@city- sightseeing.com.mt SIGNAL 8 Security Malta Ltd. - requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST - Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years expe- rience in a similar post. Must be special- ised in colonic irrigation. For more info please call Village Concept on 99885352. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militaria, coins and paper money, books, toys, stamps, badg- es, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates TRANSPORT Malta was justified to limit the berthing of a water sports ves- sel to one bay, since the safety require- ments dictated this. This was held in a decision delivered by the Administrative Review Tribunal presided by Magistrate Dr Simone Grech in Adam Debrincat -v- Awtorita dwar it-Trasport f'Malta. Debrincat appealed from a decision taken by Transport Malta (TM) allowing him to berth his water sports vessel and operation only in Hondoq ir-Rummien. He argued that it was not commercially viable to operate only in one swimming zone and therefore, his licence was use- less. He argued that this is discriminato- ry because other similar operators do not have this limitation. TM replied to this appeal and stated that one of the conditions for the cer- tificate is that the vessel would be on a mooring. Furthermore, the public can- not use this vessel is it is not on its moor- ing and that according to the insurance policy it must be used within 70 meters from the coast. This is why such a vessel should have its own mooring. TM had informed Debrincat that the mooring must be protected from the elements. The TM held that no mooring will be given if it is placed in a busy shipping area. It has to be secluded and approved by the Environment Resources Author- ity. In fact Debrincat had been shown a number of zones, but Environment Re- sources Authority (ERA) did not approve these and it only approved the one at Hondoq ir-Rummien. Therefore, TM's hands were tied and could only approve the places where ERA approved. The Tribunal had analysed the evidence produced and started with the testimony of Debrincat himself. He explained that he invested heavily in the vessel he pur- chased from the USA. TM had insisted that it required a CE certification, but commercial boats do not carry one. He explained the TN allowed other similar and larger boats to use their anchor. One can see similar boats at Blue Lagoon. They would jump onto a slide and end up in the sea. Before purchasing his boat, he had checked with the TM and was told that it would be classified as a com- mercial vessel. Such vessels may make use of their an- chor or mooring anywhere. In fact he has another three vessels with the same cer- tificates and they do not have the same restrictions. He explained to the Tribu- nal that if he is allowed to go to the Blue Lagoon, he will make use of the anchor- age area and not the fairway. Two TM enforcement officers testified and told the Tribunal that they are sta- tioned at Comino in summer and that they prepare the mooring for commer- cial vessels. They are tightly tied up in order for them not to move when pa- trons are making use of the slides. Captain Mario Grech, Debrincat's con- sultant, held that the vessel may be an- chored, or else make use of the mooring, both being safe. However, they should only be used when the sea is calm, or else in a sheltered bay. An ERA official testified that ERA did not issue any permits in Comino, and it is the authority which issues such permits, since Comino is part of Natura 2000. The Tribunal then discussed the legal principle of administrative discretion. This was explained in Adriana Gatt Ter- ribile -v- Kunsill Lokali, Ghajnsielem, decided on 15 April 2008, where the Magistrates Court in Gozo held such administrative discretion has to be ex- ercised within the limits of he law. In another judgement, Lawrence Borg noe -v- Gvernatur tal-Bank Centrali ta' Mal- ta, decided on 1 March 2004, the Court held for administrative discretion is used, then the Court had to be convined that no other authority interfered in the decision process. The Tribunal held that according to the manufacturers, on instructions of the amusement platform, clients cannot be on board when it is underway. Even the insurance policy echoed this. The TM insisted that when this vessel is in use, it must be sheltered. In addition to this, ERA gave permission only for Hon- doq ir-Rummien. However, from the records of the case, it seems that Debrincat had accepted these conditions in May and June 2017, when he said in an email that his vessel will be "attached in the mooring and the stern will be attached to the shore". TM took its decision on the basis of safety and on the fact that there was a flowing dialogue between the parties in this case. The Tribunal moved to reject the ap- peal. Authorities may limit licences to ensure safety LAW Classifieds LAW CLASSIFIEDS