344 tal-2005 - Regolamenti tal-2005 dwar l-Abbandun, ir-Rimi u t-Tneħħija ta’ Skart fit-Toroq u f’Postijiet jew Żoni Pubbliċi

L.N. 344 of 2005

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Abandonment, Dumping and Disposal of Waste in Streets and

Public Places or Areas Regulations, 2005

IN the exercise of the powers conferred by articles 6, 7, 9 and 10

of the Environment Protection Act, the Minister for Rural Affairs and

the Environment, in concurrence with the Deputy Prime Minister and

the Minister for Justice and Home Affairs, has made the following

regulations>-

The title of these regulations is Abandonment, Dumping and

Disposal of Waste in Streets and Public Places or Areas Regulations,

2005. In these regulations, unless the context otherwise requires>-

Regulation 4

In accordance with regulation 4 of these regulations, acts or omissions listed

hereunder shall be deemed to be an offence under the said regulation>

(a) deposit, drop, place or throw any dust, dirt, paper, ash, cigarette butt,

refuse, box, barrel, or any other article or thing in any public place<

(b) keep or leave any article or thing in any place where it or particles

therefrom have passed or are likely to pass into any public place<

(c) throw or leave behind any bottle, can, food container, food wrapper,

glass, particles of food or any other article or thing in any public place<

(d) beat, clean, shake, sieve or otherwise agitate any ash, hair, feathers,

lime, sand, waste paper or other substance in such manner that it is carried or

likely to be carried by the wind to any public place<

(e) spit any substance or expel mucus from the nose, or leave or deposit

human material excretion, including vomit, or leave or deposit any animal material

excretion upon or onto any street or any public place<

(f) place, scatter, spill or throw any blood, brine, noxious liquid, swill or

any other offensive or filthy matter of any kind, including oil, fuel and other fluid,

in such manner as to run or fall into any public place.

“the Act” means the Environment Protection Act<

“Advisory Committee” means the Advisory Committee for

the control and monitoring of littering appointed by the Minister

in accordance with the provisions of these regulations for the

purpose of controlling and monitoring the disposal of waste and

littering in streets and public places>

the “Authority” means the Malta Environment and Planning

Authority<

“bins” means receptacles approved by the Government for

the disposal, separation and collection of waste and refuse, placed

or authorised to be placed in a public place by the Government<

“Commissioner” means a Commissioner for Justice in terms

of the Commissioners for Justice Act<

“Court” includes a Local Tribunal established under the

Commissioners for Justice Act<

“food” includes drink, chewing gum and other products of a

like nature and use, and articles and substances used as ingredients

in the preparation of food or drink or of such products<

“Government” means both the Government of Malta and

Local Councils established under the Local Councils Act<

“hawker”, fixed or mobile, includes any person or a substitute,

licensed to sell from a stall, and any licensed person or substitute

operating from a public market or monti established or authorised

by the Government<

“immediate vicinity” shall be that area immediately

identifiable with any site referred to in subregulation (2) of

regulation 12 of these regulations, and where, by way of irregular

disposal, litter or waste demeans the social, historical or

environmental importance of the site or area referred to in that

subregulation<

“litter” includes>-

any solid or liquid, domestic or commercial waste, refuse,

debris or rubbish and without limiting the generality of the

above includes any glass, metal, plastic, paper, fabric, wood,

food, chewing gum, cigarette butts, derelict vehicles, vessel,

equipment, or machinery, in whole or in parts, garden

remnants and clippings, soil, sand, concrete rocks or any other

building material< and

any other object, material or substance deposited in a

public place causing or adding a disorderly appearance of

such place or detrimentally causing an effect on the proper

use of the place, or which may, in general, increase the risk

of health or environmental hazard to the public or the

surrounding environment, or which may be a nuisance to the

public<

“Local Council” has the same meaning given in the Local

Councils Act<

“locality” has the same meaning given in the Local Councils

Act, and includes, for the purpose of these regulations, arterial and

distributor roads and all other areas excluded from the competence

of local councils under the same Act<

“the Minister” means the Minister responsible for the

environment<

“nuisance” means any act, omission or thing which is visually

offensive or causes smells or noise, or occasioning or likely to

occasion injury, annoyance, offence, harm, danger, or damage of

whatever nature, or which is or is likely to be injurious or dangerous

to health or property<

“officer” means any person authorised by the Minister to issue

charges related to these regulations in terms of subarticle (3) of

article 6 of the principal Act and shall include>-

a Police officer, a Local Warden or any other authority

authorised to issue charges in accordance with the provisions

of the Commissioners for Justice Act< and

environmental inspectors, or any other person appointed

by the Minister to carry out the duties contained in these

regulations as established under the Environment Protection

Act<

“private property” includes a garden, yard, field, land, vehicle

licensed or not, stall, or other structure, temporary or permanent<

“public place” includes any place, privately owned or

otherwise, to which the public has access, and including a street,

sea, playing field and playing ground, field, valley, beach, fountain,

watercourse, reservoir, well and swimming pool<

“stall” means any kiosk, table, shed, booth, marquee, show-

board, vehicle, cart or receptacle or any other means used or

intended to be used for the purpose of selling food or goods of any

kind and includes any structure affixed thereto by way of roof,

support or flooring<

“street” includes any road, alley, square, bridge, shore front,

quay, or other place of public passage or access<

“time reasonably approximate” referred to in regulation 5 shall

be the time determined by the Local Council of a locality and

considered to be the period between the disposal of waste and the

collection thereof which time period cannot exceed the lapse of

one hour, unless a longer period is otherwise considered and

established by the Local Council due to exceptional circumstances.

Regulation 10(3)

In accordance with subregulation (3) of regulation 10, objects and materials

listed hereunder shall be deemed to be dumped or deposited refuse, litter, waste,

swill or any other objects>-

(a) White goods and electrical appliances, including fridge, freezer, cooker,

oven, dishwasher, geyser, hob, air-conditioner, television, computer, in whole or

in part<

(b) Building material, in whatever quantity, including a sack, bag, box or

receptacle with tiles, disused pipes, slabs and any other material<

(c)

Bathroom suite in whole or in part<

(d) Bedroom suite or other domestic furniture in whole or in part<

(e) Commercial equipment, old stock office furniture and machinery, in

whole or in part<

(f)

Cloths, rags and other material related to clothing<

(g) All catering waste and swill in whatever quantity, disposed by a catering

licensee<

(h) Unlicensed and disused vehicle or vessel in whole or in part<

(i) Non-domestic waste<

(j) Dead animal<

(k) Uncollected litter remaining after the lapse of twenty-four hours from

the termination of an event organised by a person, or a body of persons, in a

public place, including a rally, protest, concert, festival, public meeting or similar

activity, unless the organiser shows that sufficient arrangements had been made

for cleaning after the event<

(l) Agricultural and garden waste, including pruning remains.

(1) The Minister may appoint an Advisory Committee for

the control and monitoring of littering and which shall include a person

nominated by the Minister, a person nominated by the Local Councils

Association, a person nominated by the Malta Tourism Authority, a

person nominated by the Authority, a person nominated by the Minister

responsible for public infrastructure, a person nominated by the

Commissioner of Police, and any other person which the Minister may

appoint from time to time under such terms and conditions as he may

determine.

(2) It shall be the duty of the Advisory Committee to advise

the Minister on any matter relating to public cleansing, in general, and

on any other matter which may come within the scope of these

regulations.

(3) The Advisory Committee shall coordinate with all

competent authorities and other non-governmental organisations

engaged in public cleansing and may recommend to such authorities

good practices in the field of public cleansing and for controlling the

disposal of waste and litter in streets and public places.

No person shall throw down, drop, leave, or otherwise spill or Leaving of litter and

other objects.

deposit any litter in any public place, street, sea, or open space to which

the public has access, unless such depositing and leaving is lawfully

authorized>

Provided that for the purpose of this regulation, Schedule 1 of these

regulations lists, but not exclusively, acts and omissions which shall be

deemed to be an offence of leaving litter or depositing or spilling of

objects under this regulation.

(1) It shall not be lawful for any person to deposit or leave Unlawful deposit of

refuse for

in any street or public place any litter receptacle, bag, used box, bottle, collection.

tin, carton or other container, or any paper, straw or other material used

for packing, for the purpose of its collection unless such depositing is

made at a time reasonably approximate to the time at which refuse

collection ordinarily occurs in such place.

(2) It shall not be lawful for any person to deposit or leave

in any street or public place any litter receptacle, bag, used box, bottle,

tin, carton or other container, or any paper, straw or other material used

for packing, for the purpose of its collection, near bins, skips or other

receptacles situated in a public place, for public or private use, and

provided for or approved by Government.

(1) It shall not be lawful for any person to sort or collect any Sorting of refuse,

litter or waste.

refuse deposited for collection at any place or while being transported

after collection, unless such sorting is lawfully authorized.

(2) It shall not be lawful for any person to collect any

disposed refuse, waste or litter unless otherwise authorized to do so by

a Local Council in the area of its responsibility and by the Authority>

Provided that sorting of refuse or collection of disposed litter or

waste by an officer who has the duty to collect evidence in terms of

article 5 of the Commissioners for Justice Act, and solely for the purpose

of investigation to charge offenders under these regulations, shall not

be deemed to be an offence in terms of the provisions of this regulation.

No person shall unlawfully remove or otherwise interfere or

tamper with or in any other way vandalize any bin provided or authorized

by the Government in any street or other public place or any bin deposited

for collection at any place.

(1) Every hawker operating from a stall in a public place,

shall keep the place and the immediate vicinity thereof in a clean and

sanitary condition, during and after operating times and, for such

purpose, shall have a bin approved by Government during the operating

times.

(2) Without prejudice to these regulations, where in the

opinion of the Government, a hawker or the substitute has failed to

comply with subregulation (1) of this regulation, the Government may,

by notice in writing, require such licensee, within such period as may

be specified therein, to take such steps as it may deem fit for the purpose

of complying with these regulations.

Government may require, in writing, the owner or occupier of

a commercial premises to provide, at the expense of the owner or

bins in public place.

occupier and within such period as may be specified in the notice, for

bins or other convenient receptacles, which shall conform to such

specifications as Government may require, to be placed in appropriate

locations within the premises of the owner or occupier, or on the street

or in a public place in the vicinity of the premises, for the deposit of

refuse and litter>

Provided that the Minister shall, from time to time, and after

consultation with representatives of the commercial sector, issue a list

of selected categories of commercial establishments which may be

required to place such bins or receptacles on the street or in a public

place.

(1) Any person who contravenes any of the provisions

contained in regulations 4, 5, 6, 7 and 8 shall, on conviction, or on

admission, be guilty of an offence, and shall be liable to a fine (ammenda)

of not less than twenty-five liri and not exceeding fifty liri.

(2) Any person who contravenes any of the provisions

contained in regulation 9 shall, on conviction, or on admission, be guilty

of an offence, and shall be liable to a fine (ammenda) of not less than

five hundred liri and not exceeding one thousand liri.

(3) Without prejudice to other provisions of the principal Dumping.

Act, and other regulations which the Minister may issue from time to

time, and without prejudice to the provisions of any other law, if in an

offence to which subregulation (1) of this regulation applies, an offender

dumps or disposes of any refuse, litter, waste, swill or any other object

of a size or quantity or accumulation, as taken by itself, causes a nuisance,

or which may lead to deterioration or defacement of a public place, he

shall be liable, on conviction or admission, to a fine (multa) of not less

than one thousand liri but not exceeding two thousand five hundred liri>

Provided that for the purpose of this subregulation, Schedule

2 of these regulations lists, but not exclusively, objects and materials

which shall be deemed to be dumped or deposited refuse, litter, waste,

swill or any other objects.

(4) If any vehicle, cart or other equipment has been used in Seizure of vehicle,

cart or other

the commission of an offence against the provisions of subregulation 3 equipment in cases

of regulation 10, the court shall, at the demand of the prosecution and related to dumping.

in addition to the punishment prescribed under sub-regulation (3) of

this regulation, order the seizure of such vehicle, cart or other equipment

used for the purpose of this regulation, for a term of not less than two

months but not exceeding one year and the suspension for an equal

term of any driving license held by the offender, during which period

the vehicle shall be at the risk of the owner>

Provided that where any person who has not participated in

the offence, has a claim to such vehicle or equipment, the seizure shall

only be ordered if the court is satisfied that no such claim is thereby

prejudiced.

(5) If the offender is not the owner of the vehicle mentioned

in subregulation (4) of this regulation but has acted under the instructions

of such owner or where such owner had the power to prevent the

commission of the offence does not do so, the owner shall be liable, on

conviction, to the punishment laid down in subregulations (1), (2), (3)

and (4) of this regulation.

(6) If the circumstances, in which any unlawfully dumped

material is found, indicate the owner or other person responsible for

such material immediately prior to its dumping, such owner or person

shall be deemed to have deposited that material and shall be liable to

the punishment laid down in subregulations (1), (2), (3) and (4) of this

regulation, unless he proves that he did not know of the commission of

the offence, or although he knew of it did not have the power to prevent

it.

(1) When a person has been found guilty of an offence in

accordance with the provisions of regulation 7, the court may, by the

same judgment, and on proof of the damage suffered under regulation

7, order the offender to pay to the Government or the owner of the bin

in question, as the case may be, by way of damages, a sum not exceeding

five hundred liri for each bin and any such order shall be of the same

force and effect and be executed in the same manner as if it had been

given in a civil action duly instituted between such owner and the

offender.

(2) When a person has been found guilty of an offence in

accordance with the provisions of regulation 9, the court may, by the

same judgment, and on proof of non-observance by an owner or occupier

of a commercial premises under regulation 9, order the offender to pay

to the Government by way of damages, a sum not exceeding five hundred

liri for each bin and any such order shall be of the same force and effect

and be executed in the same manner as if it had been given in a civil

action duly instituted between such owner and the offender.

(1) Where an offence referred to in regulations 4, 5, 6, 7, 8

and 10(3) is committed in one or more of the sites listed in the next

subregulation, the offender shall, on conviction, or on admission, be

liable to a fine (emmenda) of not less than twenty-five and not exceeding

fifty liri to the established fine (ammenda) due to the historical and

environment importance of the site.

(2) The aggravating circumstances referred to in the

preceding sub-regulation relate to the disposal, spilling or dumping of

litter, refuse, waste or swill in>-

(a) the immediate vicinity of a public monument, museum,

place of worship or school<

(b) the immediate vicinity of, or inside a World Heritage

Site declared by UNESCO or a Historic Centre declared by the

Authority<

(c) the immediate vicinity of, or inside, a Natural Reserve,

Heritage Park, National Park, public garden, or playing field<

(d) the immediate vicinity of, or on a public beach<

(e) any other site, area, place or open space which the

Minister may establish from time to time.

(3) Without prejudice to the preceding paragraphs of this Second and

subsequent

regulation, a person found guilty under regulations 4, 5, 6, 7and 8 of offences.

these regulations, shall, on conviction, be liable to a fine (multa ) of one

hundred Maltese liri, if it is proved that such offender was found guilty

of committing any offence under the regulations referred to in this same

sub paragraph within twelve months prior to the issuance of the

contravention and which has become res judicata.

(4) Furthermore, and without prejudice to the preceding

paragraphs of this regulation, a person found guilty under subregulation

(3) of regulation 10 shall, on conviction, be liable to a fine (multa) of

not less than two thousand liri, but not exceeding five thousand liri, if it

is proved that such offender was found guilty of committing an offence

in terms of subregulation (3) of Regulation 10 within two years prior to

the issuance of the contravention.

(5) Without prejudice to the principal Act, or to any other Hindering or

law, any person who by any means whatsoever, hinders or obstructs obstructing

authorised officer.

any officer from the exercise of his powers and functions under these

regulations shall be liable, on conviction, to a fine (multa) of fifty liri.

In accordance with the provisions of any other law, and in Issuance of charges

accordance with the powers conferred by the Minister in accordance to

proceedings in

with the Act, any officer authorised to act under these provisions and in terms of article 5 of

whose opinion an offence has been committed under these regulations,

may proceed against the offender in terms of article 5 of the

Commissioners for Justice Act which provisions shall apply mutatis

mutandis to any proceedings in respect of offences charged under these

regulations.

(1) Where the offence relates to dumping, the Court shall Removal of litter

ordered by the

in addition to any penalty which may be imposed in accordance with Court.

the Act, also order the offender to remove from the place where the

offence has taken place all the material, in respect of which he is found

guilty, within a time sufficient for the purpose, to be fixed by the Court,

and that in default of compliance with that order such material be

removed by the Local Council of the locality in which the offence has

been committed at the expense of the offender, in which case such

offender may be made to refund the expense as a civil debt.

(2) Furthermore, and in addition to any penalty, should the

Local Council of a locality or any other authority remove the dumped

material prior to the proceedings in court, the said Court shall, on proof

of the damage suffered, order the offender to pay, by way of damages,

the Local Council or other authority any sum incurred in the removal of

the material, and any such order shall be of the same force and effect

and shall be executed in the same manner as if it had been given in a

civil action duly instituted between the Local Council or any other

authority and the offender.

(1) In accordance with article 19(4)(d) of the Act, and

subarticles (3) and (5) of article 10 of the Commissioners for Justice

Act, Local Councils shall place into the Environment Fund thirty percent

of all the fines received from contraventions under regulations 4, 5, 6,

7, 8 and 9 of these regulations and fifty percent of all the fines received

from contraventions under subregulation (3) of regulation 10 and

subregulations (3) and (4) of regulation 12 and shall be so placed within

one month from receipt of payment of the fines and penalties derived

from such contraventions.

(2) Fines awarded under these regulations on proceedings

initiated by the Authority, shall be due to the Authority with an

apportionment of twenty percent for each fine paid to the Local Council

of the locality where the offence was committed.

Any person found guilty of an offence under these regulations,

for a first offence committed up to 31 December 2005 shall, on

conviction of this first offence, be liable only to a reprimand and

admonition.