As of the 1st of January 2024, the Air Navigation Act  was brought into effect, this marking a significant milestone in Malta’s aviation regulatory framework. The implementation of this updated legislative framework aims to provide comprehensive regulatory oversight for aircraft navigation within Maltese airspace, this fortifying the aviation industry in Malta and contributing to the nation’s economic prosperity and overall development. Pursuant to Article 99 of the Act, the Civil Aviation (Air Operators’ Certificates) Act, the Air Navigation Order, and the Civil Aviation (Air Transport Licensing) (Fees) Regulations, have all been repealed.
 

Applicability and Aim of the Act

The Act has a global reach, covering aircraft and their crews registered in Malta, irrespective of their current location. Additionally, the Act encompasses other aircraft within Maltese territory, regardless of their registration. It is important to note that the Act explicitly excludes state aircraft, along with their associated personnel and organizations involved in their activities, from its scope. 
 

The Competent Authority 

The designated authority overseeing matters in accordance with this Act is the Civil Aviation Directorate (the ‘Directorate’), under the purview of the Authority of Transport Malta. The Directorate exclusively oversees aircraft navigation in Maltese airspace, ensuring compliance with technical standards for Maltese registered aircraft and regulating their operations. Moreover, the Directorate is required to enforce air safety standards mandated by the Chicago Convention and EU regulations, specifically within the realm of aviation safety. 

Monitoring System 

With the implementation of the Act, the Directorate is vested with the power to issue regulatory instruments, prioritising robust safety standards in aviation. These measures, which encompass orders, directives and guidelines, are distributed through the Directorate’s online portal and carry legal significance. The Directorate is empowered to impose reasonable administrative penalties for breaches, conduct searches and investigations, and enforce compliance measures on aircraft, operators, and facilities. Additionally, it has the authority to restrict or revoke approvals, certificates, or licenses in cases of non-compliance with established rules and procedures. 
 

Reporting System

This Act has also integrated EU Regulation 376/2014, designating the Directorate as the authority responsible for fulfilling obligations related to the collection, analysis, and follow-up of safety occurrence reports. This regulation aims to enhance global aviation safety by ensuring comprehensive reporting, collection and analysis of safety information. In order to maintain a fair and just culture, the Directorate is tasked with establishing a ‘Just Culture Monitoring Group’. This group’s responsibility is to evaluate reports on any infringement of just culture, ensuring the enforcement, encouragement, and promotion of principles aligned with a just culture. 

Essentially, a just culture lies aims to avoid disproportionate punishment for individuals based on their actions, omissions, or decisions, taking into account their experience and training. Instead, it reserves punishment for reportable events, this fostering an environment of fairness and learning.
 

The Aviation Appeals Board

This Act has also brought forth the establishment of an Aviation Appeals Board, which has been established with the authority to adjudicate appeals lodged against decisions made by the Directorate. Individuals or entities who perceive unfairness in decisions, penalties or procedural aspects are afforded the opportunity to file an appeal within twenty days. The creation of this Board not only provides a mechanism for addressing grievances but also ensures a fair and impartial process for parties dissatisfied with decisions within the aviation sector. This, in turn, promotes accountability and transparency in the regulatory processes. 
 

Concluding Remarks 

The enactment of the Air Navigation Act in Malta stands as a pivotal milestone, establishing a comprehensive legal framework to regulate air navigation and aviation activities within the country. This framework is instrumental in guaranteeing the safety, security and efficiency of air transport, bringing Malta in alignment with international standards and best practices. Moreover, by furnishing the necessary legal foundation for the formation of regulatory authorities, the Act facilitates effective oversight, enforcement, and dispute resolution within the aviation sector.


Written by Dr. Daphne Vassallo, Junior Lawyer and Dr. Claudia Borg, Lawyer 

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