160 tal-1997

L.N. 160 oH997

ENIVRONMI-:NT PROTECTION ACT, I991

(ACT NO. V O F 199 1)

Rubble Walls a nd Rural St r uctu res

(Co nscrvation and Main tenance) Regulat ions, 1997

By virtue o f the powers conferred by sections 6, 35, 41 and 48 of

the Environmenl Protection Act , 1991 . the Deputy Prime Minister and

Mi nister of Foreign Affairs and the Environme nt , in consultation with

the Planning Authority. has made the following regu lations:-

( I) These regu lations may be cited as the Rubble Walls and

Rural Structures (Conservation and Maintenance) Regulations. 1991.

(2) These regulations shall come into force on the 1st

January,I998.

The Minister hereby declares rubble walls and non-habi table OocI_ .... ,o/"

rural structures as protected. in view of their historical arK! archi tectural ~-.

importance, thei r exceptional beauty, thei r affording a habitat for nora

and fauna, and the ir vital importance in the conscrvatK)II o f the soil and

of water.

The Minister may dec lare certain areas to be rubble wall M ............ y

:abon ....

conservation areas, in which areas no alterations to the location or

construction of rubble wal ls and the traditional methods of their repair

and main tenance shall be pennilted unless a wrillen request and approval

arc previously made to and obtained from the Director for the Protection

of the Environment. In all such areas the Minister may order that the

owner or Oo.""'Cupier of a conservation area is bound to repair or re-crect

all the rubble walls within such conservat ion area in a specified lime

period nO( exceeding five years. and that such owner or occupier shall

thenceforth maintain such rubble walls in good state of repair.

t~i<oo.

In these regulations. unless the conlellt otherwise requires -

"Act" means the Environment Protection Act

"Department" means the Departmenl for the Protection of the

Environment under the guidance of the Direclor as defined in these

regulations;

" Directo r" means tile Director fo r the Protection of the

Environment being the official as delegated in terms of parngraph

(b) of section 3 of Ihc Act to be responsible for the protection of

the envirOJl mcnt. and delegated for the controL direction and

management of the Depanmcnt, and includes any officer iJl the

Department who acts on his behalf, and for the purposes of any

regulations made under the Act , the term "Director responsib le

for the en vironment" or any similar term, and the term "Official

responsible fort he protection of the environment" in the Act,shall

he dee med to have the same meanin g as Director in th ese

regulations;

" Min ister" means the Min ister responsible for the

environment;

"occllpier" means any person who is at the time occllpying or

llsing the land or the rural structure;

Mowner". in relation to any land or structure , means a person

who is entitled, in his own right or as agent for another person, to

receive the rent o f the land or struClllrc, or , where the land or

structure is nO( let , would be so entilled if it were lei;

" rubble wall" means a dry stone wal l, built in loose. unhewn

stones which slllnds by gravity and friction wi lhom the use of

mortar

"rural structure" means any traditional rural construction. and

also includes any free standing boundary wall in Ashlar masonry

(gtbla lui-tali/un) bordering upon a rupl tenement.

(I) It snail nO( be lawful for any person to construct. make

any additions to. keep or sutTer.o be kept on. or as part of. or incorpornted

into, any rubbl e wall. whether or not boldering on any street, path or

footpath , or any rural construct ion, structure or tenement , or any land,

any drum.llln k or any other object which is not constructed of rubble

wall building material.

(2) It shall not be lawful for any person to demol ish or to

endanger by any mea ns whatsoever, the stability or integrity of any

rubble wall or o f any rural construction . structure or tenement, or to

prc\1!nll he free percolation of rainwater through the structure of a rubble

wal l. or to undermine the foundations of such rubble wall or rural

construction . structure or !enement.

(I) Ifany peBOn fai ls to comply with the observanccofthese s.r.q .... """""

regulations or o f any other order which is given by virtue of these '""'"'"" """".101

.....

reg ulations, the Director nlay serve on the owner Of occupier of the

land or of the rural construclion a nOlice requiring such steps to be

taken by such owner or occupicr to remedy the situation, as may be

specified in the nOlice, within six wceks from the date of service ofthc

said notice.

(2) If such SICpS or other aC lion. including any

discontinuance, stoppage or similar requiremem, as are required to be

taken by an enforcement nOlice, are not complied with within the lime

specified therein, or forthwith if so specified, the Director may enteron

any land and take those 51eps or other aa ion as aforesaid and may for

such purpose request the ass istance of the Police who shall. for such

purpose, exercise such powe~ as are vested in them for the prevent ion

of offences and the enforceme nt of law and order

Provided that if such person as is so notified does nO( take

any steps or othe r necessary action withi n the stipulated time limit, an y

action that may be taken by the Director, as mentioned in this paragraph,

shall be carried OUI at the expense of the owner.

A pe~on shall be guilty of an offence underthese regulations: OO...::a.

(a) if he fail s 10 com ply with any provision of these

regulations or with any order lawfull y given in lerms of any

provision of these regulations: or

(b) if he conlravenes any restriction, prohibition or

requirement imposed by or under these regulations: or

(c) if he acts in contravention of any of the provisions of

these regu lations: or

(d) if he conspires with, or attemptS to conspire, aids or abets

or attempts to aid or abet any other person by whatever means,

including ach 'enising, counselling or procurement , to contravene

the provisions of these regulations or 10 fail to comply with any

such provisions , iocluding any order lawfully given in terms of

any provision of these regulations,or to contravene any restriction,

prohibition Of requirement imposed by or under the said regulations.

( I) Any person who commits, or allempts to commit an Pen .. ,;"'.

offence against these regulations shall be liable

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

Lm50 but nOl exceeding Lm500: and

(b) on a second or subsequent conviction to a fine ("luI/a)

of not less than Lm 100 but not exceeding Lm I ,000, or to

inlp rison mem for a teml nOl exceedi ng two years. or to both such

fine and imprisonment.

(2) Notwithstanding the provisions of section 370 of the

C rimina! Code, proceedings for an offence against these regulations

shall be taken before the Court of Magistrates (Malta) or the Court of

Magistrates (Oow), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure before

tile said courts a~ courts of criminal judicature.

Notwith.~tanding the provisions of the Criminal Code,

(3)

the Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court ofMagislrates

(Malta) or the Court of Magistrates (Oozo) in respect of proceedings

for any offence against these regulations.

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