Skips (General Application) Regulations, 2000

L.N. 241 of 2000

LOCAL COUNCILS ACT

(CAP. 363)

Skips (General Application) Regulations, 2000

IN exercise of the powers conferred by subarticle (2) of article 34

and article 72 of the Local Councils Act, the Minister for Justice and

Local Government has made the following regulations:-

These regulations may be cited as the Skips (General

Application) Regulations, 2000 and shall come into force after the lapse

of thirty days from their publication in the Gazette.

(Regulation 2)

_ _ _ _ _ LOCAL COUNCIL

Permit for the Use of a Skip/Bin on Wheels

IN exercise of the powers conferred by regulation 4 of the Skips (General

Application) Regulations, 2000, the

Local Council is hereby authorising

residing at

Licence

ID. Card No.

( ) name ofenterprise

or company

_

VAT No.

Tel. NoJFax

to place

_ _ _ _ _ skip/s / binls on wheels in the Council's locality boundary under the

terms and conditions specified hereunder

1. The skip/bin on wheels shall be of a size, type and colour approved by the Council.

2. No markings shall be printed on or affixed to or removed from the skip/bin on

wheels unless authorized by the Council in writing.

3. There shall be printed on the skip/bin on wheels such markings as may be

authorized by the Council in writing.

4. The skip/bin on wheels shall be placed on the site/s indicated by the Council on

the attached site plan provided by the same Council.

5. The authorized person shall ensure that the skip/bin on wheels is emptied every

_ _ _ _ or when it is full, whichever is the earlier.

6. The Skips (General Appliations) Regulations 2000 shall apply to each and every

Skip/Bin on wheels, placed in the Council's locality boundery.

7. The authorized person shall ensure that all preventive precautions for the

conservation of the environment and for the protection of the citizen, are being

implemented.

8. At all times during the period of authorization, the authorized person shall

indemnify the Council against any third party liability or claim arising out of, or

in relation to, the placement or use of any such skip/bin on wheels.

9. Subject to earlier termination or cancellation in terms of regulation 9, this permit

shall be valid for period of

commencing on

_

10. This permit is subject to the payment of a fee of Lm

_

Mayor

Executive Secretary

Date

_

Council Rubber Stamp

In these regulations, unless the context otherwise requires:-

"Act" means the Local Councils Act;

"authorised person" means any person holding a permit issued

by a Local Council to use a skip or bin on wheels in terms of

subregulation 4.2 of these regulations;

"bin on wheels" means any recipient on wheels that may be

closed by means of a lid and which is intended for the deposit of

domestic refuse but does not include a skip;

"commercial or industrial waste" means any waste or refuse,

originating from any shop, factory, enterprise, or other entity

operating commercially or in industry and includes bulky refuse

irrespective from where it generates but does not include domestic

refuse;

"domestic refuse" means household waste originating from

private dwellings, including flats or residential homes but does not

include commercial or industrial waste or bulky refuse;

"permit" means the permit issued to an authorised person as

set out in the Schedule to these regulations;

"skip" means any open or closed skip and includes any other

recipient of this kind, used for the deposit of commercial or

industrial waste, but does not include a bin on wheels.

1 These regulations shall apply to all Local Councils in relation

to their locality and shall be deemed to be Bye-Laws for the purposes of

subarticle (2) of article 34 of the Act.

3.2 Where any Local Council has made Bye-Laws regulating

any matter provided for under these regulations, these regulations shall

be deemed to be in addition to and not in derogation of such Bye-Laws;

Provided that in any case when such Bye-Laws provide differently

from these regulations, the provisions of those Bye-Laws shall apply;

Provided further that any Local Council may make Bye-Laws in

addition to these regulations to make special provision in relation to its

locality.

1 No person other than the Council shall place any skip or bin Placementofskips

on wheel in any public place within the Council's locality boundary and bins 0 n wheels.

without a permit from the Council.

4.2 . The Council may in its discretion issue a permit to authorise

a person to place a skip or bin on wheels during such times and at such

place and under such terms and conditions as may be stipulated in the

permit.

4.3 When a permit is granted, there shall be payable to the

Council:-

4.3.1 in the case of a skip, a fee of not more than fifty cents

per day or part thereof for every skip;

4.3.2 in the case of a bin on wheels, a fee of not more than

forty cents per day or part thereof for every bin on wheels.

4A Any person who contravenes any provision of this regulation

or who fails to comply with any of the terms of the permit, shall be

guilty of a contravention.

A person shall also be deemed to be guilty of a contravention if: Contraventions.

5.1 he causes any damage to any skip or bin on wheels or

obliterates any markings printed on or affixed thereon, or scribble or

make any mark of any sort on any skip or bin on wheels without the

written consent of the Council or of the authorised person; or

5.2 after using the skip or bin on wheels he leaves its lid open or

ajar, or deposits any refuse in such manner as to impede the lid from

closing properly; or

5.3 he uses the skip or bin on wheels for any purpose other than

that it is intended for, or deposits any waste or refuse which the skip or

bin on wheels is not intended to receive; or

SA he deposits, throws down, drops or otherwise spills any waste

or refuse outside, around or near the skip or bin on wheels; or

5.5 he removes or misplaces the skip or bin on wheels from where

it is placed by the Councilor by an authorised person within the space

allocated for that purpose; or

5.6 he deposits waste or refuse in a skip or bin on wheels which

according to the permit is intended for the exclusive use of an authorised

person; or

5.7 he deposits in a bin on wheels any domestic refuse which is

not contained in a closed bag, of a type and material approved by the

Council; or

5.8 he deposits waste or refuse in a skip or bin on wheels other

than that for which written authority has been issued by the Council; or

5.9 he deposits any commercial or industrial or domestic refuse,

which has not originated from within the Council's locality boundary.

1 Any person who, through an activity in a locality generates

any commercial or industrial waste shall register with the Council of

that locality and shall keep such Council informed at all times of the

contractor engaged by such person to collect and remove his commercial

or industrial waste. Any person who fails to comply with this regulation

shall be guilty of a contravention.

6.2 No person as is mentioned in regulation 6.1 shall throw or

deposit commercial and, or industrial waste in the skips or bins on wheels

supplied by the Council unless so authorised in writing by the said

Council.

1 Any person who commits any contravention under any of

the provisions of regulation 5 of these regulations shall, on conviction,

be liable, unless a higher penalty is applicable under any other law -

7.1.1 for a first offence, to a fine (ammenda) of twenty

Maltese Liri (Lm20); and

7.1.2 for a second or subsequent offence, to a fine (ammenda)

of thirty Maltese liri (Lm30).

7.2 In the case of an offence under regulation 4 of these

regulations, a person shall be liable on conviction to a fine (ammenda)

of thirty Maltese liri (Lm30), and in the case of a continuing offence, to

an additional fine (ammenda) of five Maltese liri (Lm5) for each day

during which the offence continues.

7.3 In the case of an offence under regulation 6.1 of these

regulations a person shall be liable on conviction to a fine (ammenda)

of thirty Maltese liri (Lm30) and in case of a continuing offence, to an

additional fine (ammenda) of five Maltese liri (Lm5) for each day

during which the offence continues.

7 A in the case of contravention under regulation 6.2 of these

regulations, a person shall be liable on conviction to a fine (ammenda)

of thirty Maltese liri (Lm30).

The imposition of a penalty under these regulations shall be Civil damages.

without prejudice to the right of the Council to recover and civil

damages caused by the commission of an offence under these

regulations.

The Council may terminate the permit, if is satisfied that any Terminatin or

of the terms and conditions under which the said permit was issued =~a::.Of

has not been complied with, or if there is a substantial change in

circumstances which in the opinion of the Council renders it necessary

to withdraw the permit. In this case the Council shall not be obliged to

refund any fee paid under subregulation 4.3 of these regulations.

These regulations are without prejudice to the provisions Re~ons not to

:J~~ art. 34(2) of

of the proviso to subarticle (2) of article 34 of the Act.