L-Iskall u d-Daħla tal-Imsida

L.C.B.L. 41/08/2011

LOCAL COUNCILS ACT

(CAP. 363)

L-Iskall u d-Daħla tal-Imsida

(L-Imsida Local Council), Bye-Laws, 2011

In exercise of the powers conferred by articles 34, 35(8) and

60 of the Local Councils Act, the L-Imsida Local Council has

made the following Bye-Laws;-

1 The title of these Bye-Laws is the L-Iskall u d-Daħla

tal-Imsida (L-Imsida Local Council) Bye-Laws, 2011.

1.2 These Bye-Laws shall come into force on the date of

their publication in the Gazette.

In these Bye-Laws unless the context otherwise requires

“the Act” means the Local Councils Act;

“the Council” means the L-Imsida Local Council;

“designated areas” means those areas designated by

the Council indicated in the shaded area in the site plan in

Schedule A to these Bye-Laws;

“locality” means the locality of L-Imsida;

“motor vehicle” means any vehicle intended for travel

on land and propelled by mechanical power;

“boats” means any sea vessel not registered as a

professional fishing vessel, Categoty A - Full time in the

Fishing Vessels Register in terms of the Fishing Vessels

Regulations, 2004;

“fishing vessel” means any sea vessel, registered as a

professional fishing vessel, Category A- Full time in the

Fishing Vessels Register in terms of the Fishing Vessels

Regulations, 2004;

“L-Iskall u d-Daħla tal-Imsida” means the shaded area

shown in the site plan Schedule B to these Bye-Laws.

No person shall deposit or leave any boat or fishing

vessel, including any trailer used for the carrying of such boat or

vessel or any other related accessory, in any part of L-Iskall u

d-Daħla tal-Imsida save as otherwise provided in this Bye-Law.

1 No persons shall access L-Iskall u d-Daħla tal-Imsida

by motor vehicles except for the sole purpose of transporting to

and from the designated areas any fishing vessel permitted by the

Council to be deposited at that place in terms of these Bye-Laws or

for the sole purpose of launching in the sea and collecting from the

sea, any boat or fishing vessel whose registered berth in L-Imsida

creek.

4.2 No person shall park or leave any motorvehicle in any

part of L-Iskall u d-Daħla tal-Imsida at any time.

1 The Council shall, subject to such terms and conditions

as it may deem appropriate, allow the deposit of fishing vessels

smaller than 12 meters with registered berths in L-Imsida creek,

within the designated areas as shown in Schedule A to these Bye-

Laws subject to availability of space with absolute preference being

given to traditional wooden hulled fishing vessels (luzzu, firilla,

kajjik) painted in traditional livery.

5.2 The owner of a fishing vessel that qualifies to have

his fishing vessel placed in the designated area in terms of bye-

law shall first apply to the Council, and the Council shall in the

event of approval of such application, determine the exact location

within the designated area where such fishing vessel is to be placed

and it shall determine the terms and conditions applicable to such

permission.

5.3 In the event that there is available space within the

designated area, after the allocation of space to owners of fishing

vessels in terms of bye-law hereof, the Council may consider

applications for depositing seacraft in the designated area

submitted by owners of boats, with registered berths in L-Imsida

creek, being vessels registered as professional fishing vessels

Category B - Part-Time, with the Fishing Vessel Register in terms

of the Fishing Vessels Regulations, 2004 with absolute preference

being given to traditional wooden hulled boats (luzzu, firilla,

kajjik, frejgatina) painted in traditional livery; and in the event that

after such consideration, there is further available space within

the designated area, the Council may consider applications for

depositing seacraft in the designated area submitted by owners of

boats, with registration in L-Imsida creek, being traditional wooden

hulled boats (luzzu, firilla, kajjik, frejgatina).

The owner of a boat, and, or a fishing vessel, and, or a Owner’s liability.

trailer, and, or a motor vehicle, shall be responsible for ensuring

compliance with these Bye-Laws.

1 Any person who is in breach of any one of the

provisions of these Bye-Laws or of any of the terms and conditions

imposed by the Council in terms of these Bye-Laws shall, on

conviction, be liable to a fine (ammenda) of sixty nine euros (€69)

for such contravention, and to a further fine (ammenda) of eleven

euro sixty five cents (€11.65) for each day during which any of the

provisions of these Bye-Laws is breached.

7.2 The penalties indicated in this bye-law are without L.N. 94 of 1997.

prejudice to any action by the Council, or other authority to

remove, store or dispose of the encumbering boat, fishing vessel,

trailer, motor vehicle or other accessory thereto, in terms of the

provisions of the Traffic Regulation (Clamping and Removal of

Motor Vehicles and Encumbering Objects) Regulations, 1997 and

without prejudice to any penalties of fines applicable under any

other law or regulation.

L-Iskall u d-Daħla tal-Imsida shall be administered by

the L-Imsida Local Council, together with, l-Għaqda tad-Dilettanti

tad-Dgħajjes u Sajd tal-Imsida.

The L-Imsida Local Council together with l-Għaqda Coordination

tad-Dilettanti tad-Dgħajjes u Sajd tal-Imsida shall appoint a Committee.

coordination Committee that shall address and solve matters

related to L-Iskall u d-daħla tal-Imsida. This Committee shall be

composed of three (3) representatives of the Council and two (2)

representatives of l-Għaqda Dilettanti tad-Dgħajjes u Sajd tal-

Imsida.

€0.54