SAND (PRESERVATION) ACT

SAND (PRESERVATION)

CHAPTER 127

SAND (PRESERVATION) ACT

To make provision for the preservation of sand.

(11th July, 1949) *

ACT XVI of 1949, as amended by Ordinance XXV of 1962; Legal Notice

4 of 1963; Acts: XXXI of 1966, and XIII of 1983; and Legal Notice 409 of

2007.

The short title of this Act is the Sand (Preservation) Act.

For the purposes of this Act the expression "sand" includes

"shingle".

(1) No person shall remove or carry away by any means of

conveyance, from any beach or sea-shore or from any land or place,

whether publicly or privately owned, any sand without a permit in

writing by the Director of Public Works, nor except in accordance

with any conditions laid down in the permit.

(2) The Director of Public Works may, in his absolute

discretion, refuse the grant of a permit or, in granting such a permit,

impose any conditions that in his absolute discretion he deems

necessary or expedient.

(3) Such permit shall always be granted when the sand is

derived from private property, under the conditions the Director of

Public Works deems necessary or expedient.

The Minister responsible for public works may make and,

when made, amend, repeal or repeal and re-enact regulations for all

or any of the following purposes

(a) for prescribing the form of applications and of permits

required under this Act;

(b) for prescribing the price payable in respect of sand

gained from property owned or administered by the

Government of Malta or from any public place and the

fees payable in respect of the grant of permits required

under this Act;

(c) for ensuring proper control with a view to securing

compliance with the provisions of this Act;

(d) for making provision with regard to any other matter

connected with the carrying into effect and

enforcement of the provisions of this Act; and

(e) for establishing the penalties to which any offender

against any of the regulations made under this section

shall be liable; provided that any such penalty shall not

in any case exceed a fine (multa) of two hundred and

thirty-two euro and ninety-four cents (232.94) and, or

*See Government Notice No. 456 of l5th July, 1949.

SAND (PRESERVATION)

in the alternative, imprisonment up to one month.

Any person duly authorized in writing in that behalf by the

Director of Public Works and any member of the Police Force shall

have power -

(a) at all reasonable times to enter and inspect any

building or other site or premises where he has reason

to believe that sand is being stored or kept or is being

used or is about to be used;

(b) to stop and inspect trucks or other vehicles which he

has reason to believe to be carrying sand;

(c) to require any person in possession of or carrying sand

to give any such information as he deems necessary

regarding the acquisition and destination of the sand

and to produce for his inspection permits or any other

documents, papers or trade-books relating to the

acquisition or destination of sand;

(d) to seize any such permits, documents, papers or trade-

books and any article connected with or which may be

used as evidence of the commission of an offence

under this Act

Provided that for the purposes of paragraph (a) the member

of the Police Force shall not be below the rank of inspector.

Where sand is found to be in the possession of, or being

carried away by, any person, in either case without being covered

by a permit or permits issued under this Act, it shall be deemed,

until the contrary is satisfactorily proved by the person concerned,

that such sand has been removed or carried away in contravention

of subsection (1) of section 3 hereof.

(1) Any person who acts in contravention of the provisions

of subsection (1) of section 3 hereof or who hinders or obstructs the

persons mentioned in section 5 hereof in the performance of their

duties or who does not comply with any legitimate order or

direction given to him by any such person shall be guilty of an

offence under this Act and shall, on conviction, be liable to

punishment as follows

(a) on first conviction to a fine (multa) of not less than

forty-six euro and fifty-nine cents (46.59) but not

exceeding one hundred and sixteen euro and forty-

seven cents (116.47);

(b) on a second or subsequent conviction to a fine (multa)

of not less than one hundred and sixteen euro and

forty-seven cents (116.47) but not exceeding two

hundred and thirty-two euro and ninety-four cents

(232.94) and to imprisonment for a term not exceeding

one month.

(2) Any vehicle or other conveyance, together with any horse

or other animal and thing whatsoever of which use has been made

or attempted to be made in removing sand in contravention of this

SAND (PRESERVATION)

Act, shall be forfeited unless some person who has not in any way

participated in the offence has a claim to such property.

The provisions of section 37 of the Code of Police Laws

shall not apply to sand.