Bye-Laws, 2021

L.C.B.L 16/02/2021

LOCAL GOVERNMENT ACT

(CAP. 363)

Use of Facilities and Administration (Ħad-Dingli Local Council)

Bye-Laws, 2021

IN EXERCISE of the powers conferred by article 34 of the Local

Government Act, the Ħad-Dingli Local Council has made the

following Bye-Laws:-

The title of these Bye-Laws is the Use of Facilities and Citation.

Administration (Ħad-Dingli Local Council) Bye-Laws, 2021.

(bye-law 5)

Application for the Use of Facilities

Application No.: .......................................................

Name

and

Surname

of

Applicant

Legally Valid Identification Document Number/Passport No.

Position in Organisation (e.g. President, Secretary, etc.)

Name

of

Organisation

(if

applicable)

Official Address

Tel. No.: .......................................................

Mob. No.: .......................................................

Facility applied for: .......................................................

Days of Activity From ....................................................... to

Duration (time) From ....................................................... to

Approx.

Expected

attendance

Entrance Fee (if applicable) .......................................................

Measures taken to indemnify the Council (attach documents)

........................................ (eg. Insurance Policy, Bank Guarantee, etc.)

Date .......................................................

Applicant’s Signature .......................................................

FOR OFFICIAL USE

Fee Paid .......................................................

Receipt No: ..................

Date

and

Time

when

application

is

received

Accepted / Refused (delete

as

applicable)

Date

Comments by Council (if applicable): ........................................

Signature ....................................................... Official Rubber

Stamp

Designation .......................................................

In these Bye-Laws, unless the context otherwise requires

Interpretation.

"Act" means the Local Government Act;

"applicant" means any person, whether an individual, club,

association or society, who applies to use the facilities in accordance

with these Bye-Laws;

"authorised person" means the person, club, association or

society who has been granted authorisation by the Council in terms of

the provisions of these Bye-Laws for the use of any of the facilities;

"Council" means the Ħad-Dingli Local Council;

"equipment" means any property, whether movable or

immovable, of the Local Council including but not limited to tools and

machinery, clothing, mobility, internet or computer, street furniture,

office or educational material;

"facilities" means any place, buildings, equipment, or services

property of, provided by or falling within the jurisdiction of the Local

Council;

"locality" means the locality of Ħad-Dingli as shown in the

boundaries as defined in the Second Schedule to the Act.

(bye-law 12)

Terms and Conditions for the Authorisation of the Use of the Facilities

The authorisation is valid for the duration as indicated in the

application form prescribed in the First Schedule and subject to any

further conditions stipulated by the Council on the authorisation form.

The Council has the right to revoke the authorisation at any time

for any breach of any of these terms and conditions or any provisions

of the Bye-Laws or any other conditions as laid down by the Council

on the authorisation form. The Council also has the right to revoke the

authorisation if the activity is deemed contrary to public decency or

morals.

If the Council revoke the authorisation for any of the reasons

mentioned in paragraph 2, the authorised person shall not be refunded

the fee paid or any part thereof.

The authorisation is subject to any permit or licence necessary

under any other law. It is the responsibility of the applicant to obtain

such permit or licence.

The authorised person shall not carry out any activity which is

not indicated in the authorisation.

The authorised person shall keep the facility clean at all times

during the activity, and ensure that such place remains clean until the

expiry of the authorisation.

The authorised person shall ensure that at the end of the

authorisation the facility be restored to its original state.

The authorised person shall ensure that no inconvenience or

nuisance is caused to the public during the duration of the

authorisation.

Any noise shall cease by 11.00pm.

A copy of the authorisation shall be prominently displayed at all

times at the entrance to the facility for the information of the public.

D

Without any prejudice to any other permit required by any Use of

other authority or under any law, no person shall use the facilities facilities.

without the prior authorisation of the Council.

(bye-law 9)

Fees for the Use of Facilities

Payment for the use of the bike sharing system

€2.50 per hour up to a maximum of four hours

€1.50 for any additional hour

€10.00 for eight hours

In any case the e-bike cannot be used for more than fifteen hours.

Payment for the use of the Ġnien il-Ħaddiem

€50.00 for a maximum of four hours

€10.00 for hour for any additional hour

Payment for the space in front of the St. Mary Magdalene

Chapel

€300.00 for a maximum of four hours

€50.00 for hour for any additional hour

€0.72

Equipment shall only be used for the purposes for which Use of

equipment.

they are intended.

1 The Council shall issue an authorisation for the use of any

of the facilities after a written application is submitted by an applicant

on the form prescribed in the First Schedule

Provided that the Council shall have the right to refuse to

issue an authorization in those circumstances and for any reason which

the Council deems fit, so however that the Council shall, within fifteen

(15) days form the date of the application, issue the authorisation or a

refusal in writing, as the case may be;

Provided further that if no authorisation is granted within

fifteen (15) days, the application shall be deemed to have been refused.

5.2 Applications must be submitted by not later than one (1)

month and not earlier than two (2) months before the date of the

proposed activity. The Council’s decision shall be communicated to

applicant as early as possible

Provided that the Council may give a concession and vary

these time-limits.

5.3 Where more than one application is received for an activity

to be held in the same place and on the same date, the first application

received shall be given priority

Provided that if applications are received simultaneously,

the applicant who resides in the locality shall be given preference

Provided further that if all the applicants are from the

locality, or if none of them resides in the locality, the Council shall

discuss the issue during the first local council meeting and of no

agreement may be reached by the majority of the Council members, it

shall draw by lot the application to be chosen in the presence of the

applicants.

No application submitted in terms of bye-law 5.1 shall be

accepted if the nature of the activity is not of a sporting, educational,

recreational, religious, cultural or philanthropic nature, or if such an

activity is not approved by the Council.

1 The authorisation shall be forwarded to the applicant on the

form prescribed in the First Schedule and subject to the terms and

conditions stipulated in the Second Schedule, and to any other

condition which the Council may impose. A copy of the authorisation

shall be kept by the Council.

7.2 This procedure shall also apply in the case of a refusal. In

such case of refusal, the reason for such a refusal shall also be

included.

7.3 An authorisation issues under these Bye-Laws shall not be Authorisation

transferable to any other third party without the prior written consent not transferable.

of the Council.

1 The Council shall have priority for the use of the facilities.

Priority by

Council for use

of facilities.

8.2 Where an authorisation has already been issued under these

Bye-Laws for an activity to be held on the same date and at the same

place where the Council intends to hold its activity, the Council may

withdraw the authorisation already issued by informing the applicant

in writing at least fifteen (15) days before the date of the said activity.

In such a case, the Council shall refund the fees paid by the applicant

and all other expenses incurred in connection with the activity applied

for subject to the production of receipts.

The applicant shall, on submission of the application, pay a Fees for the use

fees as stipulated in the Third Schedule according to the nature of the of

equipment.

activity

Provided that the Council may grant a special concession in

the case of activities with a philanthropic purpose or local non-

government organisations or if said activity is organised in

collaboration with the Local Council.

1 The Council may lease any of its equipment or services, Leasing of

provided that such leasing is authorised by any other law in force in equipment.

Malta.

10.2 The Council may put in place any online system to Online system.

facilitate leasing of its equipment or services including the facilitation

of transferring of payment for such leasing.

1 The Council shall keep a data record of such equipment Data record.

leased, provided this record is kept in compliance with the Data Cap. 586.

Protection Act.

1 Any person visiting or making use of, or any other person Improper use of

to whom the authority is given by the Council to make use of the facilities

equipment.

facilities within the property shall be held responsible for any damages

cause to the facilities or to any of its equipment, or for any other

damages sustained by third parties within the facilities during the

duration of the authorisation.

12.2 Without prejudice to any of the provisions within these

Bye-Laws, if an authorised person makes improper use of the

facilities, equipment or breaches any of the terms and conditions

stipulated in the authorisation, the Council may withdraw the

authorisation and no fees paid shall be reimbursed

Provided that where a person contravenes any of the

provisions of these Bye-Laws, such person shall be guilty of a

contravention and shall be liable to a fine (ammenda) of not less than

twenty euro (€20) but not exceeding one thousand five hundred euro

(€1,500);

12.3 The Council may, in addition to the provisions established

in bye-law 12.1 order the person found guilty of a breach to carry out

the necessary repairs to the satisfaction of the Council

Provided that a fine (ammenda) of eleven euro and sixty-

five cents (€11.65) may also be imposed for any day during which

such repairs are not carried out and the Council may carry out such

works at his expense.

12.4 Any breach of conditions or misuse shall be noted by the

Council, and it shall be in the Council’s discretion whether

authorisation shall be issued in the future to a person who has had this

authorisation revoked as provided in bye-law 12.2.

1 Every person who is in breach of any of the provisions of

these Bye-laws, or who fails to abide by any condition of the

authorisation given by virtue of these Bye-Laws, shall be liable to a

fine (ammenda) not exceeding sixty-nine euro and eighty-eight cents

(€69.88) for such contravention.

13.2 The Council may, in addition to the penalties stipulated in

paragraph (1), order the person to carry out the necessary repairs to the

satisfaction of the Council. A fine (ammenda) of eleven euro and

sixty-five cents (€11.65) may also be imposed for any day during

which such repairs are not carried out.

13.3 The Council shall have the right to carry out the repairs at

the expense of the guilty person.