295 tal-2007 - Regolamenti tal-2007 dwar l-Immaniġġar Ambjentali tas-Siti tal-Kostruzzjoni

L.N. 295 of 2007

DEVELOPMENT PLANNING ACT

(CAP. 356)

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Environmental Management Construction Site Regulations, 2007

BY VIRTUE of the powers conferred by article 60 of the

Development Planning Act and article 9 of the Environment Protection

Act, the Minister for Rural Affairs and the Environment, in concurrence

with the Deputy Prime Minister and Minister for Justice and Home

Affairs, has made the following regulations>-

PART I

Preliminary

(1) The title of these regulations is the Environmental Citation and

commencement.

Management Construction Site Regulations, 2007.

(2) These regulations shall come into force on such date or

dates as the Minister responsible for the environment in concurrence

with the Minister responsible for development may by notice in the

Gazette appoint, and different dates may be so appointed for different

purposes and types of construction as defined in Schedule VI and

different provisions of this Act.

These regulations have the scope of limiting environmental Scope.

degradation through appropriate construction management practices that

cause the least nuisance to neighbours, minimising the risk of injury to

the public, protecting the property belonging to the Government and

Local Councils, and as much as possible reducing the harm to the

environment. The provisions of these Regulations shall in no way be

construed as having any bearing on the responsibilities related to

construction sites emanating from other legislative instruments.

In these regulations, unless the context otherwise requires> -

Interpretation.

“the Act” means the Development Planning Act or the

Environment Protection Act as applicable<

“areas of high development intensity” means those localities

which are listed in Schedule VII to these Regulations<

“the Authority” means the Malta Environment and Planning

Authority or any other authority that may, from time to time, be

designated as having responsibility for these Regulations<

“the Commissioner” means a Commissioner for Justice in

terms of the Commissioners for Justice Act<

“construction” includes works, activities, events and practices

for, or in connection with, the building, alteration, renovation,

finishing, demolition, excavation or removal within any site or

building within any type of construction works as defined in

Schedule Vl<

“construction site” means a site where construction is being

carried out whether it is public or private land<

“contractor” means an individual, partnership, company, or

any other legal entity who is engaged to perform any type of

construction works or related services by an owner on a

construction site<

“Court” includes a Local Tribunal established under the

Commissioners for Justice Act<

“emergency” means an unexpected situation, or a sudden,

unforeseen happening which requires immediate action to correct

in order to protect lives and, or property and, or economic

livelihood<

“footprint” means the space contained within the external

walls of a building at ground floor level, including internal yards,

shafts, terraces or courtyards totally enclosed or surrounded by

the building, but excluding terraces, backyards, yards and pool

decks not totally enclosed or surrounded by the building<

“Government” means both the Government of Malta and

Local Councils established under the Local Councils Act<

“hazardous material” is any item or agent (biological,

chemical, physical) which has the potential to cause harm to

humans, animals or the environment either by itself or through

interaction with other factors as defined in local legislation<

“hoarding” means a temporary structure enclosing a

construction site during construction works, to restrict access and

provide protection to the public<

“immediate vicinity” means the area within thirty metres from

any site, and includes the footprint of the site in question, referred

to in regulation 12 and where by way of irregular construction

site management demeans the social, historic or environmental

importance of the site or area referred to in that regulation<

“Joint Committee” has the same meaning as that in the Local

Councils Act<

“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 or that Minister who may, from time to time, be

designated as having responsibility for these Regulations<

“the Ministry” means the Ministry 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 the environment or buildings<

“offender” means that person or legal entity to whom a citation

has been issued<

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

charges related to these regulations and shall include>-

(a)

a Police officer < and

(b) an Enforcement Officer, Local Warden or any other

person appointed by the Minister, or his delegated authority,

to carry out the enforcement of these regulations as established

under the Development Planning Act<

“owner” shall have the same meaning as that construed in the

Development Planning Act<

“private property” includes any land, whether developed or

otherwise, or any other permanent structure whose ownership is

vested in a private person or entity<

“public property” includes any place to which the public has

access<

“site manager” means a person carrying out the duty or duties

derived from the provisions of these regulations. Such person shall

be nominated by, and responsible on behalf of, the owner for

ensuring the correct implementation of these Regulations.

The appointed site manager may be either of the following>

(a)

the owner himself<

(b) the project supervisor as construed in the work place

(Minimum Health and Safety Requirements for work and

construction sites) Regulations, 2004<

(c)

a Perit as defined under the Periti Act< or

(d) any other competent person<

“stop notice” shall have the same meaning as that construed

in the Development Planning Act<

“street” includes any road, alley, square, footpath, pavement,

bridge, shore front, quay, or other place of public passage or access<

“tourism zone” shall refer to those areas defined by the

competent authority responsible for tourism as tourism zones.

These regulations apply to any construction, water mining, or

any other disturbances to the soil, including land clearing, scraping,

ground excavation, land levelling, grading, cut and fill operations, and

ancillary activities that include travel to the construction site, travel on

access roads to and from the construction site and demolition activities.

PART II

General Conditions

For the purpose of enabling adherence to these regulations,

the temporary provision of water meters may be provided, by a licensed

operator of a public water distribution network, only to sites where the

owner has written confirmation from the Authority that the construction

site is subject to a valid building permit.

PART III

Other Conditions

(1) The provisions of these regulations shall be applicable Applicability.

to all construction works which are not exempt in Schedule Vl of these

regulations and as may be brought into force by the Minister in part or

in whole.

(2) Where there is conflict between, these regulations and

a construction management plan duly approved by MEPA and, or

conditions set by MEPA in the development permit, the Construction

Management Plan shall prevail.

Without prejudice to specific requirements set out in the Least nuisance to

neighbours.

Development Planning Act, any owner carrying out or commissioning

construction works shall ensure that the work is carried out in a manner

that causes the least nuisance by ensuring that the provisions included

under Schedule I, II, III and IV to these regulations are adhered to.

All streets or other public property, within a distance of 10 Restoration.

metres from the site, that are damaged by operations relating to

construction works shall be repaired or replaced by the owner to a

condition that is at least as good as that found prior to construction and

must be restored to their original condition with similar materials and

in accordance with any other regulations. Such limit does not preclude

any other obligation on the part of the owner to make good for any

other damages that extent beyond the 10 meter distance and which are

proven to be a direct consequence of that construction activity. Any

obstructions shall be removed when the need for such obstruction is no

longer required which shall include any temporary signage put up during

construction work.

(1) The owner shall have the obligation to appoint a ‘Site Obligation on

owner and site

Manager’ who shall be responsible, on behalf of the owner, to ensure manager.

that the construction site and its construction activities are in conformity

with all the provisions of these regulations.

(2) The owner shall submit to the Authority together with

the Commencement Notice in the first instance and subsequently in

writing for any change of Site Manager>-

(a)

the name of the Site Manager<

(b) the Site Manager’s Identity Card number< and,

(c) a declaration of acceptance duly signed by the Site

Manager that he has undertaken to accept this role and that he has

read and understood the provisions of these regulations.

(3) For the purposes of these regulations, the Site Manager

shall not be entitled to assume any of the responsibilities associated

with the profession of a perit as defined in the Periti Act, unless the

appointed Site Manager is a perit.

(4) The Minister may, from time to time, make specific

Regulations to create a Register of Site Managers, to stipulate their

qualifications, Code of Conduct and programme of continuous

development.

(5) In the absence of a nomination for the appointment of a

site manager, the owner will ipso facto be deemed to be the site manager

for the purpose of these Regulations.

(6) If the owner has changed because the construction site

is sold, or for any other reason, when construction works are still to be

carried out or are being carried out the original owner has the duty to

inform the Authority by completing Notice Form - Change of Owner#Site

Manager, in Schedule Vlll, which form can be obtained from the Ministry

or its designated entity or downloaded from the Ministry’s website or

that or its designated entity, and sending it by registered mail to the

Authority or handling it in person to the Authority within one month of

the transfer of ownership of the property. The same form should be

duly signed by the new owner as a declaration of acceptance of his

responsibilities as the new owner in terms of these regulations. Until

such notice form is received by the Authority the original owner would

be held responsible for any contravention to these regulations.

(7) If during the period of construction, the site manager

changes for whatsoever reason, he shall be obliged to inform the

Authority in writing. Until such notice is received by the Authority, he

would still be assumed to be the nominated site manager for the

construction site.

(8) The site manager shall be responsible, on behalf of the

owner, for ensuring that any permits, certifications, authorisations or

any such approvals required for any portion of the construction works

as required by the provisions of these Regulations are in place and that

any temporary structures used to implement the provisions of these

Regulations to be duly certified for their soundness.

PART IV

Enforcement

(1) Any person who contravenes any of the provisions Penalties.

contained in Schedules I and#or IIl and#or IV shall be guilty of an offence,

and shall be liable, on conviction to a fine (multa) of not less than one

hundred Maltese liri (Lm100) and not exceeding five hundred Maltese

liri (Lm500).

(2) Any person who contravenes any of the provisions

contained in Schedule II shall be guilty of an offence, and shall be liable,

on conviction, to a fine (multa) of not less than one thousand Maltese

liri (Lm1000) but not exceeding five thousand Maltese liri (Lm5000)

for the offence committed together with any fine under Regulation 10(1)

of these Regulations.

(3) The issue of a citation in terms of Regulations 10(1)

and 10(2) of these Regulations automatically are to be considered as an

immediate instruction to cease such behaviour and to conform to the

provisions of these Regulations. Should the offender fail to comply

with these Regulations upon being issued with a citation, he shall be

considered to be guilty of an aggravating circumstance and he shall be

liable to a fine (multa) of not less than twenty-five Maltese liri (Lm25)

and not more than fifty Maltese liri (Lm50), as the Commissioner may

fix, for every day the default continues from the date of issue of the

citation.

Without prejudice to the Act, or to any other law, any Hindering

obstructing

person who by any means whatsoever, hinders or obstructs any authorised officer.

officer from the exercise of his powers and functions under these

regulations or fails to comply with any reasonable requirement

demanded of him by any such person as aforesaid or otherwise to

assist him in the carrying out of his duties or furnishes such person

with false information or neglects of refuses to give any information

required for the purpose aforesaid, shall be liable, on conviction, to

a fine (multa) of fifty Maltese liri (Lm50).

(1) Where an offence is committed in one or more of the Aggravating

circumstances.

sites listed in the next sub-regulation, the offender shall, on conviction,

be liable to an additional penalty of one hundred Maltese liri (Lm100)

to the established fine (multa) due to the historical and environment

importance of the site.

(2) The aggravating circumstances referred to in the

preceding sub-regulation relate to an offence in> -

(a) the immediate vicinity of a scheduled building as

declared so by the Authority, public monument, museum, place of

worship, hospital or school<

(b) the immediate vicinity of a World Heritage Site declared

by UNESCO or an urban conservation area declared by the

Authority<

(c) the immediate vicinity of a Natural Reserve, Heritage

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

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

or

(e) in the vicinity of any other site, area, place or open space

which the Minister may establish from time to time.

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

accordance with the powers conferred by the Minister in accordance

with the Act, any officer authorised to act under these provisions and in

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.

For the purpose of ensuring that the street is properly restored,

and bank guarantee.

the owner shall deposit, prior to the issue of the Development Permit,

at the Authority, a bank guarantee in favour of the Authority, the amount

of which shall be determined according to the provisions of Schedule

V. The amount of the Bank Guarantee shall be either>-

a) for Lm100, or

b) calculated on the basis of the method outlined in Schedule

V,

whichever is the highest>

Provided that if the owner fails to carry out or complete the

restoration works within such period as the Authority may deem suitable

in consideration of the level of finishing being opted for by the owner,

such works may be completed by the Authority or Government, or an

appointed agent that has been duly authorised by the Authority. Upon

order by the Authority the cost of such works, as certified by the

aggrieved entity’s architect (perit), shall be met in part or whole from

the bank guarantee.

Provided further, in the case where a temporary water meter has

been provided on site, the release of the Bank Guarantee shall be affected

only following the written confirmation of the removal of the temporary

meter.

In accordance with article 19(4)(d) of the Environment Contribution of

Protection Act, and subarticles (3) and (5) of article 10 of the MEPA

Environment Fund

Commissioners for Justice Act, the Authority shall place into the and apportionment

of fines.

Environment Fund thirty percent of all the monies received from

contraventions to these Regulations, and such monies shall be so placed

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

derived from such contraventions. Moreover, the Authority shall

forward twenty per cent of all the monies received from contraventions

to the Joint Committee under whose jurisdiction the offence has

occurred.

No certificate of development on any development or part Certificate of

development.

thereof may be issued by the Authority unless all fines as may be due

by reason of offence against these regulations have been paid.

Moreover the transfer of owner or site manager as defined in

regulation 9(6) and (7) may not be endorsed by the Authority pending

the payment of outstanding fines.

Schedule I

Regulation 7

Reducing Nuisance to Neighbours

1. Three weeks before any construction work commences which will take longer

than four weeks to complete, the owner shall ensure that there shall be erected on the

street boundary of the site a permanent A2 sized notice board, as specified below, on

which shall be affixed, and suitably protected from the weather, the development

permit number, the particulars of the “Owner”, Site Manager” and ''Perit'' in charge and

the contractor or contractors including their telephone numbers. A template of such

notice can be obtained from the Ministry or its designated entity or downloaded from

the Ministry’s web site or that of its designated entity.

The details on the notice board must be legible from the road level with a

minimum font size of 100 point.

Such notice board shall be maintained in good condition at all times until all

works on site are completed or until such time as deemed appropriate by the Authority.

Such notice shall also include: -

a.

the start date; and

b.

a contact number.

Provided that if site is larger than 1000 square metres, or has a frontage bordering any

road or roads in excess of 25 metres, such information shall be displayed on a

billboard which must be at least 1.5 metres by 2.5 metres, and shall also include dates

of completion of the principal stages of the project.

This billboard shall be placed in such a way that it does not obstruct or hinder the

safety and easy flow of traffic pedestrians and general public and shall be governed by

any permits applicable thereto.

Moreover a copy of the development permit and its renewal or renewals if any,

together with copies of all plans and elevations as approved, shall be kept on site and

the same shall at all reasonable times be available for inspection and use by the

Enforcement Officers.

In case of difficulty kindly contact the Local Council on telephone number

Address & Contact Details

PERIT/FIRM OF PERITI

CONTRACTORS

OTHER

LEAD CONTRACTOR

MANAGER

NAME OF SITE

PERMIT NUMBER

DEVELOPMENT TITLE

Environmental Management Construction Site Regulations

Template for Notice Board / Billboard as stipulated by Schedule I, Paragraph I

Insert name of contractor 2

Address & Contact Details

OWNER

COMMENCEMENT DATE

CONSTRUCTION

NUMBER

24 HOUR CONTACT

Insert name of contractor 3

Contact Details

OHSA Health & Safety Officer

Insert name of contractor 4

2. Cutting of stones and bricks may be allowed on site.

Provided that:-

a. all machinery and tools not listed in Schedule XI shall be equipped with dust

extraction and recovery systems, to ensure that dust is not dispersed onto public

areas and third party property; in combination with either of the provisions of sub-

paragraphs (b) or (c) below

b. upon roofing of the lowest floor of the structure, all mechanical cutting of stone

and brick cutting shall take place within the building and all external apertures are to

be boarded up with an impermeable material

c. stone and brick cutting is carried out in a temporary enclosed impermeable

structure erected on the construction site.

3. Screed sand and other loose building materials shall be transported,

deposited and stored on site in rigid containers with suitable covers or flexible sturdy

containers that can be appropriately sealed, which material can support the weight

being contained, to permit the total enclosure of such materials at all times and which

shall be kept sealed when not in use.

4. Without prejudice to any other law, no building material, waste, machinery

or plant shall be allowed to obstruct the pavement or the smooth flow of traffic in the

vicinity of the site on which works are in progress or complete. Depositing of building

materials for loading or unloading purposes and placing of equipment in the street

along the frontage of the site has to be authorised by the Local Council at the time

responsible for such authorisation.

5. Without prejudice to any other law and in addition to the requirements

emanating from the work place (Minimum Health and Safety Requirements for work at

Construction Sites) Regulations, 2004 published by Legal Notice 281 of 2004, where a

hazard to vehicular traffic on a public way is created by work on, or associated with,

the site building works, one or more of the following shall be provided to direct the

traffic as is considered appropriate and is approved by the respective Local Council,

and where appropriate the Malta Transport Authority

a. one or more law enforcement officers;

b. warning signs;

c.

barriers;

d. lane control devices; and/or

e. flashing lights or flares located at a suitable distance from the hazard.

When there is no agreement between the respective Local Council and the Malta

Transport Authority the decision of the competent authority as defined by local

legislation shall prevail.

Moreover only signs as indicated in the Traffic Signs and Carriage Way Markings

Regulations are allowed.

6. Adequate facilities and measures shall be undertaken to ensure that the site

and its immediate vicinity are kept clean-

b. any trash or debris shall be contained on site and disposed of in closed waste

receptacles to avoid wind, rain or any other movement related to the construction

process from carrying it off site into any public area;

c.

the construction activity shall not create any discharge of cleaning agents, paints,

oil, other pollutants or hazardous waste to public areas or into the sewerage

system, or into the sea;

d. the immediate mopping up of spills;

e. street sweeping or washing or vacuuming; and

f.

concrete or mortar mixers wash out pits and chemical holding areas are to be

located away from areas that drain to systems and waterways or third party

property.

7. Prior to any vehicular movement from within the site to any public area, all

wheeled plant shall be obliged to have their tyres washed of any material, dirt, grime or

any other material that may be carried out into the public area and deposited thereon.

8 .

All necessary requirements need to be undertaken for initial deratting and

subsequent rodent control at construction sites to the satisfaction of the competent

Authority

The following minimum measures are to be undertaken

a. preventing any discharge of sewage and, or, the closing off of any access to

the main sewer;

b. organic waste shall be disposed off immediately so as not to allow rodents to

infest the site; and

c. installation of rodent monitoring (bait/trap) stations at the site perimeter and

storage locations. Subsurface (manhole) baiting may be necessary if utility systems

are impacted.

Schedule II

(Regulation 6)

1. For any building not exceeding 2 floors and a semi basement in height from road

level, it shall be mandatory to erect hoarding, made of suitable rigid material that is

free-standing and independent of the building itself up to a height of 3 metres.

Such hoarding shall be designed in a manner that conceals the site and protects

adjacent areas from the egress of dust and from falling materials from within the

site.

2. For any building that is to be constructed over 3 floors in height from road level, it

shall be mandatory to erect hoarding, made of suitable rigid material up to the full

height of the building, Such hoarding shall, in the absence of a nationally

approved code of practice by the competent authority, be designed in a manner

that entirely conceals the site and protects adjacent areas from the egress of dust

and from falling materials from within the site, provided that for tall buildings

higher than 8 floors, as an alternative to hoarding to full height, the

th

th

hoarding is to be provided up to the 8 floor and from the 9 floor upwards

all windows and balcony door openings are to be boarded up to prevent the

egress of dust.

For sites that are recessed from the road, semi-detached or

detached, such hoarding is to enclose the whole of the site.

The hoarding shall, as a minimum, be erected in a manner that ensures that it

extends to at least one metre above the highest floor level within the construction

site as measured in the vertical plane.

In the instances where demolition activity is carried out the hoarding has to be

erected upfront to the full height of the building or as appropriate to the competent

authority to ensure public safety and the least inconvenience to the neighbours.

Hoarded structures should also be provided with an adequate amount of

interlocking waste chutes to deliver waste material from any level within the

construction site to the closest possible level of destination of the waste

receptacles without causing any inconvenience or hazard to any person or third

party property

Moreover, a chute shall be:-

a. closed if it is inclined more than 45 degrees with the horizontal; and

b. be kept closed or covered at its entrance when not in use.

3. Hoarded structures shall be constructed in timber or metal frame and shall be

covered with suitable mesh or material that precludes any visual impact of the

internal on-goings within the site.

Moreover

all hoarding screens must form a barrier against the egress of dust and

debris from the construction site to the surrounding environment;

hoardings are to be designed to withstand up to gale wind loads (Force 8

and above) with any anchorage as necessary to prevent overturning and

ensure stability. In addition hoardings adjoining excavations are to be

designed to withstand any external impacts;

hoardings and barricades must be in good condition to fulfil their purpose;

all construction work must be contained within the hoarding; and

advertisements on the hoardings are allowed subject to advertising laws

and regulations.

4. Where construction work-related operations extend beyond, or affect, the

perimeter surrounding the construction site, work shall not commence on the

construction, alteration or demolition of a building until a covered way has been

provided in accordance with the provisions of regulation 5 below to protect the

public, except where ;

the work and ancillary machinery is carried out within a solid enclosure;

and

the construction works and their ancillary machinery are at a distance of

two metres or more from a public way used by pedestrians.

5. A covered way shall

have a clear height of not less than 2.2 metres;

have a clear width of not less than 1.2 metres or the width of the public

way whichever is the lesser, but sufficient to ensure accessibility for

pushchairs and the disabled. Ramps, suitable for wheelchair access shall

also be in place, where applicable, to bridge any difference in levels with a

slope not steeper than 8.5%;

include appropriate signage acceptable to the Authority or its designated

authority and lighting in a manner that provides an equivalent illumination

as the prevalent street lighting, both for the attention of pedestrians and

motorists. Such signage and lighting shall alert and direct motorists

around any obstruction whilst indicating alternative entry and exist routes

to pedestrians whilst providing sufficient lighting to enable them to

navigate through the walkway;

have non-slip floors and an even surface in line with national standards;

be designed and constructed to support safely all loads that may

reasonably be expected to be applied to it, but in no case less than 2.4 kN

per metre squared on its roof;

have a weather-tight roof sloped towards the site, or if flat, be equipped

with a splash board not less than 200 millimetres high on the road side;

be totally enclosed on the site side with an enclosure having a smooth

surface facing the public way;

have a finished metal or timber hand rail 1 metre high on the road side

where the covered way is supported by posts on the road side to support

pedestrians navigating through;

be adequately lit between sunset and sunrise in a manner that provides an

equivalent illumination as the prevalent street lighting; and

be left free from any material or any other objects which will obstacle or

hinder the free movement of pedestrians at all times.

6. The owner shall erect a timber or metal barricades to block the way and prevent

access to unauthorised persons as stipulated in the following sub regulations:-

Barricades shall be strongly constructed and not less than 2 metres high

and erected between the site and the public way or to isolate completely

the open sides of a construction site so as to safeguard the public or third

party moveable or immovable property

Barricades shall have smooth surfaces facing the public way and shall be

without openings except those required for authorised access.

Access openings through barricades shall be blocked with gates which

shall be kept closed and locked when the entry to the site is unattended

and shall be maintained in place until completion of the construction

activity to the satisfaction of the Authority. Such gates must be designed

in such a manner that prohibits public access, especially children.

Access gates into the site used by construction machinery should have

warning lights lit up during entry and egress of such machinery or

provision of banksmen to warn motorists or the general public during

passage of construction equipment.

7. The owner shall ensure a safe passage past the site.

Where the construction necessitates the obstruction of the pedestrian

pavement, and this is approved by the Local Council, a temporary

pedestrian pavement shall be provided and it shall be kept clear of

obstruction at all times.

Schedule III

(Regulation 5)

Reducing Pollution

1. The permissible hours of work for construction works where noise

generated from that activity can be heard from outside the site boundary will

be as follows

(a) Construction shall not commence before 7.00 am and shall

cease at 8.00 p.m.;

(b) Site activities generating more than 65dB measured

immediately outside the site shall cease between 2pm and 4pm.

(c) During the period between 15 th June and 30 th September,

demolition works or excavation shall not be allowed in tourism zones as

may from time to time be defined by the competent authority for

tourism.

(d) No construction work shall be carried out on Sundays and

Public Holidays.

(e) In the case of emergencies construction works may take

place at any other time whilst it shall be mandatory to inform the

Authority during its first hour of subsequent business.

(f) Any deviations from the provisions of paragraphs 1(a), (b)

(c), (d) and (e) of Schedule III shall require the approval by the Authority

and may require the setting of specific conditions for such works.

Deviations for works in tourism zones shall also require the clearance of

the competent authority responsible for tourism.

(g) Where the clear distance from the nearest habitable space

exceeds 1 kilometre, construction shall not be subject to any of the

aforementioned constraints.

2. No person shall undertake any construction without utilizing

the following dust control measures: -

a.

application of water or pre-soaking and/or, chemical dust

stabilizers or any other appropriate dust control technique, during construction

in such a manner as to limit any generation of dust to within the site boundary;

b.

prior to leaving the site the owner must on a daily basis

remove any spillages resulting from the construction activity along or across a

public way; and

c.

prior to leaving the site, the owner must ensure that on a daily

basis public sidewalks and public areas within 10 metres from either side of

the extremities of the construction site including sidewalks and roads are

swept or vacuumed; and

d

paint chips, sanding residue, grit and dust must be prevented

from coming into contact with storm-water runoff and surface water bodies.

3. Without prejudice to any other law, any person

undertaking any sanding activity whether manual or mechanical shall ensure

that dust emissions are controlled by equipping all mechanical equipment with

dust extraction and recovery systems; in combination with

(a) for outdoor areas – all areas be totally covered around the whole

working area with material that must form a barrier against the emission of

dust or particulate matter into the environment;

(b) for indoor areas – all external apertures must be boarded with

an impermeable material that must form a barrier against the escape of

fugitive dust emissions outdoors prior to commencing any sanding operations.

4. Mechanical fair facing of building stones is not permitted on site.

5. Adequate facilities and measures shall be undertaken to ensure

that the site and its immediate vicinity are kept clean at all times during

construction .

Schedule IV

(Regulation 7(g))

Technical Guidelines and Site Preparation

1 The level of noise emitted from any construction site shall

(a) respect the levels as established by the Work Place (Minimum

Health and Safety Requirements for the Protection of Workers from Risks

resulting from Exposure to noise) Regulations, 2006 published by Legal Notice

158 of 2006, at any point measured immediately outside the site retaining the

methodologies established by the said regulations in respect of weekly noise

exposure level and daily noise exposure level. Any measurement shall follow

prescribed standards as approved by the competent authority responsible for

issuing such standards. Should a locally approved standard not be available, an

equivalent standard to the satisfaction of the appropriate competent authority shall

apply.

(b) Moreover to minimise noise and vibration levels all equipment must

have functional exhaust or muffler systems ;

(c) Unnecessary noise, such as leaving noisy idle machinery operating,

shouting, loud radios or excessive revving of engines shall be avoided.

2. The owner must ensure that the following health and hygiene provisions are

adhered to:-

Removal of waste material

The clearing away of waste material shall be carried out in a routine manner, quickly

and effectively, and shall be;

carried out in a manner that does not cause any damage or spillage to public

areas or third party property;

carried out using receptacles that are fully enclosed or using open skips which

are securely covered with canvas or any other material which would not allow

the dispersal of dust particles or the waste being handled and that does not

permit any spillage thereof; and

guided into an enclosed shaft or chute conforming with regulation 2 outlined in

Schedule II.

All waste material shall be removed from the immediate vicinity of the site by the owner

and suitably disposed of daily unless the Site Manager can provide sufficient reasons

to the Authority to justify an extension of this period.

Hazardous material

Notwithstanding any provisions governing any other law regulating hazardous material,

where a hazardous material is utilised on site

measures are taken to properly store and isolate any hazardous material to

prevent contamination of the site and surrounding sites, storm water and the

potable water courses particularly with regards to hazardous wastes which are

water soluble or may become airborne;

where hazardous material is stored on site there shall be erected on the street

boundary of the site, adjacent to the notice board or billboard defined in

Schedule I paragraph 1, an A4 sized caution sign indicating the presence of

hazardous waste on site.

2.3 Point Source Pollution from Storm Water

In order to ensure that the site under construction does not become a point source of

pollution due to the surface run off it generates during construction, the following

minimum prevention measures shall be undertaken accordingly in order to mitigate

against circumstances such as the

a.

contamination of road surfaces with particulate matter that is washed out from

within the site;

b.

clogging of any public or private storm water drains with suspended solids

washed out from within the site;

c.

wash out of hazardous waste and non-hazardous material to the marine

environment;

d.

wash out of hazardous waste onto permeable land; and

e.

any other form of pollution caused from the storm water run off generated from

the construction site.

Owners are therefore obliged to ensure that the site is equipped with the necessary

collection sumps and pumps that enable any water discharged within the site to be

collected and pumped there, avoiding the spillage of such waste water onto public or

private areas.

Schedule V

(Regulation 14)

For the purposes of Regulation 14, the bank guarantee shall be computed as follows

For construction works consisting of the addition

Length of frontage (meters) multiplied by

of one or more floors covering more than 50% of

Lm 20

the building footprint on existing developments

For construction works involving demolition

(length of frontage in metres plus twenty

and/or excavation works and additional floors

meters) multiplied by Lm 20

At the start of each calendar year, the value of Lm 20 in this Schedule shall be revised by multiplying

by a factor equivalent to RPI (for December of the preceding year )/RPI(December 2007)

Schedule VI

(Regulation 1)

All construction works for buildings that equal or exceed any one of

the following criteria:-

a. a built-up footprint which is or will be upon

construction more than 1,000 sq. m.; or

b. a height of 13 metres or more measured from the

lowest point of the street level bordering the

construction works; or

c. construction sites having excavations deeper than 4

metres.

All other construction works in areas of high development intensity.

All other construction works not included in Types A and B.

All construction works:-

a. carried that involve the trenching of ducts not exceeding 3

metres in depth and which are to be used for the purpose of

installation of infrastructure related to the provision of

potable water, sewerage services, storm water discharges,

electrical energy and telecommunications

Provided that the above mentioned trenching works

could only be carried out in designated tourism zones as

defined by the Ministry responsible for tourism during

the period 15 th June to the 30th September upon

approval by the Ministry responsible for Tourism

following consultation with representatives of tourism

establishments in the affected area.

b. carried out in tourism zones which are granted an exemption

from all or part of these Regulations by the Ministry

responsible for Tourism; and

falling under any other categories that may be from time to

time established by the Minister under this Schedule are

exempted from these Regulations.

Schedule VII

(Regulation 3)

In terms of the definition of areas of high development intensity, as per Regulation 3, the following

localities are being designated as areas of high development intensity, the boundaries of which are

those that may prevail, from time to time, in the Local Councils Act.

1. Marsalforn within the locality of Zebbug Gozo

2. Marsascala

3. Mellieha

4. Sliema

5. St. Julians

6. St. Paul’s Bay

7. Swieqi

8. Gzira

9. Valletta

Schedule VIII

Regulation 9 (6)

Change of owner/Site

Manager in accordance with

the Environment Construction

Site Management Regulations

Development Application number (where

PA

applicable )

Description of works

Address of site

Original Owner

I_________________________ declare that as from today onwards, am not the owner of the site indicated

above and exonerate my self from any responsibility regarding the management of this construction site,

and according to the Environmental Management Construction Site Regulations.

Signature ___________________________

Date_____________________

ID No.___________________________

Site Manager

For the purpose of Regulations 9 (1) I am appointing ______________________ as Site Manager

Signature of original Owner __________________

Date__________________________

Signature of Site Manager ___________________

Date ______________________

New Owner

I the undersigned, declare that as from today onwards am the new owner of the construction site and am

assuming responsibility as requested by the Environmental Management Construction Site Regulations.

Signature of new Owner:____________________

Date____________________________

ID No.__________________________

PLEASE READ THE FOLLOWING CLAUSE BEFORE SIGNING

Data Protection CLAUSE

In terms of the Data Protection Act, Cap. 440, we will process any personal and/ or sensitive data

supplied on/ in this application, request or notification form or subsequently supplied by yourself,

whether orally or in writing, for all or any of the following

1. The proper processing of your application, request and/or notice as submitted;

2. Preventing, detecting and/or prosecuting fraud and any other criminal activity which the Authority

is bound to report and/or act upon whilst meeting any other specific legal or regulatory obligations;

3. Establishing, exercising or defending any legal action;

4. Internal management, research and statistics, systems administration, the development and

improvement of our services;

5. The protection and promotion of our legitimate interests and the proper conduct of our obligations

arising under any law or statutory instrument; and

6. To make public the necessary information as specified in the relevant law and/or instrument.

Relevant data will be disclosed or shared as appropriate with all our employees and with other third

parties if pertinent to any of the purposes listed above.

Every field on the form is mandatory. Should you fail to fill in any mandatory field, we reserve the right

to refuse the application. Should any field be inapplicable to your particular circumstances please

mark that field with the letters “N/A”.

You have the right to require that we provide you with access to your personal data as well as the right

to rectify, or, in appropriate circumstances, erase any inaccurate, incomplete or immaterial personal

data which is being processed. However, you are required to inform us immediately of any alterations

relating to your personal data which we are processing.

By signing this form, you confirm that you are giving your explicit consent, in terms of the Data

Protection Act, on behalf of yourself and all the other persons specified in this form for the Authority to

process your respective personal information as outlined above and you confirm that you have

brought this Data Protection notice to the attention of these other persons and obtained their

respective consents.

We undertake to implement appropriate measures and safeguards for the purpose of protecting the

confidentiality, integrity and availability of all data processed.

Schedule XI

( Schedule 1 Regulation 2)

B a n d S a w

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm1.04 (€2.42)