Xatt is-Sajjieda

L.C.B.L 52 #2#2008

LOCAL COUNCILS ACT

(CAP. 363)

Xatt is-Sajjieda

(San :iljan Local Council) Bye-Laws, 2008

IN exercise of the powers conferred by articles 34, 35(8) and 60 of

the Local Councils Act, the San :iljan Local Council has made the

following Bye-Laws>-

1 The title of these Bye-Laws is the Xatt is-Sajjieda (San :iljan

Local Council) Bye-Laws, 2008.

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 -

(Articles 2, 5.1)

Site plan of Xatt is-Sajjieda, San :iljan

“the Act” means the Local Councils Act<

“the Council” means the San :iljan 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 San :iljan<

“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, Category 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<

“Xatt is-Sajjieda” means the shaded area shown in the site

plan in Schedule B to these Bye-Laws.

(Article 2)

(Article 2)

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1 No person shall deposit or leave any boat or fishing vessel, Prohibition

pleasure boats in

including any trailer used for the carrying of such boat or vessel or any Xatt is-Sajjieda.

other related accessory, in any part of Xatt is-Sajjieda save as otherwise

provided in this Bye-Law.

1 No person shall access Xatt is-Sajjieda by motor vehicles Prohibition

vehicles in Xatt is-

except for the sole purpose of transporting to and from the designated Sajjieda.

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 is in Spinola Bay or for the sole purpose of transporting

to and from any boathouse that is sited on Xatt is-Sajjieda any boat or

fishing vessel that is kept inside such boathouse that belongs to the

owner or occupant of the boathouse, in each such case in accordance

with such procedure to be determined by the Council.

4.2 No person shall park or leave any motor-vehicle in any part

of Xatt is-Sajjieda at any time.

1 The Council shall, subject to such terms and conditions as it Deposit of fishing

may deem appropriate, allow the deposit of fishing vessels smaller than boats

designated areas.

12 meters with registered berths in Spinola Bay, 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 regulation 5.1 above

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 regulation 5.1 hereof, the Council may consider applications for

depositing seacraft in the designated area submitted by owners of boats,

with registered berths in Spinola Bay, 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

registered berths in Spinola Bay, being traditional wooden hulled boats

(luzzu, firilla, kajjik, frejgatina).

The owner of a boat, and, or a fishing vessel, and, or a 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 article 5 of these Bye-Laws shall, on conviction, be

liable to a fine (ammenda) of sixy nine euro (€69.00) for such

contravention, and to a further fine (ammenda) of eleven euro sixty

five cent (€11.65) for each day during which any of these provision of

these Bye-Laws is breached.

7.2 The penalties indicated in subarticle 7.1 above are without

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

Clamping and Removal of Motor Vehicles and Encumbering Objects

Regulations, 1997 and without prejudice to any penalties or fines

applicable under any other law or regulation.

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Site plan of Xatt is-Sajjieda, San :iljan, indicating the designated areas for the placement of fishing boats