200 tal-2011 - Regolamenti tal-2011 dwar il-Ħarsien tas-Siġar u l-Imsaġar

L.N. 200 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Trees and Woodlands Protection Regulations, 2011

BY virtue of the powers conferred by articles 61, 62, 64, 66,

and 93 of the Environment and Development Planning Act, the

Prime Minister has made the following regulations:-

The title of these regulations is the Trees and Woodlands

Protection Regulations, 2011.

PART I: INTERPRETATION AND ADMINISTRATION

STRICTLY PROTECTED TREE SPECIES

The following trees are hereby protected in all locations in Malta

(a) Trees of antiquarian importance as listed in Government Notice No. 269 of 1933;

(b) Trees protected by Tree Protection Orders issued through the Development

Planning Act and the Act; and

(c) Trees belonging to the species listed in the following table

SCIENTIFIC NAME

MALTESE NAME

ENGLISH NAME

Anagyris foetida

Ful tal-Klieb

Bean Trefoil Tree

Celtis australis

Bagular

Nettle Tree

Shrubby Horsetail; Joint

Ephedra fragilis

Efedra

Pine

Fraxinus angustifolia

Fraxxnu; Si"ar tal-Pa#enzja

Narrow-Leaved Ash

Mediterranean Tea-Tree;

Lycium europaeum

G$awse"

Mediterranean Boxthorn

Southern Tea-Tree;

Lycium intricatum

G$awse"

Southern Boxthorn

Omm il-Epp; Fomm il-Lipp;

Medlar; Mediterranean

Mespilus germanica

Naspli Tedeski

Medlar

Xewk tal-Kuruna; Xewk ta’

Paliurus spina-christi

Christ’s Thorn Tree

Kristu

Phillyrea latifolia

Olivastru

Mock Privet; Jasmine Box

Phillyrea media

Olivastru

Mock Privet; Jasmine Box

Pistacia x saportae

Deru Bag$al

Hybrid Mastic Tree

Skornabekk; Terebintu;

Pistacia terebinthus

Terebinth; Turpentine Tree

Si"ar tat-Trementina

Prunus spinosa

Prajn tax-Xewk

Sloe; Blackthorn

Pyrus amygdaliformis

Lan"as Selva""

Almond-Leaved Pear

Pyrus pyraster

Lan"as Bag$al; Lan"as

Wild Pear

Selva""

Pyrus syriaca

Lan"as Selva""

Syrian Pear

Lesser Buckthorn; Olive-

%iju

Rhamnus oleoides

Leaved Buckthorn

Rhus coriaria

Xumakk tal-Konz

Common Sumach

Safsaf Kbir; %af&af Kbir

Salix alba

White Willow

Safsaf %g$ir; %af&af %g$ir

Salix pedicellata

Mediterranean Willow

%orba Selva""a

Sorbus aucuparia

Rowan; Mountain Ash

%orba

Sorbus domestica

Service Tree

P AGE 19 OF 23

B

D RAFT T REES AND W OODLANDS P ROTECTION R EGULATIONS , 2008

Arar tree; Sandarac Gum

Tetraclinis articulata

G$arg$ar

Tree; Mediterranean Alerce

Hoary Elm; Grey-Leaved

Ulmus canescens

Nemmies; Si"ar tan-Nemus

Elm

[=Ulmus minor subsp. canescens]

Ulmus minor

Ulmu

Common Elm

[=Ulmus minor subsp. minor]

Ulmus procera

Ulmu

English Elm

Virgi; Si"ar tal-Virgi;

Vitex agnus-castus

Chaste Tree; Virgin Bush.

G$adib; B&ar tal-Patrijiet

P AGE 20 OF 23

D RAFT T REES AND W OODLANDS P ROTECTION R EGULATIONS , 2008

B

In these regulations, unless the context otherwise

requires

“the Act” means the Environment and Development Cap. 504.

Planning Act;

“compensatory planting measures” means the planting

or making available of a number of trees as a replacement for

every damaged or uprooted tree, on the basis of the provisions

of guidelines established by the Competent Authority;

“the Competent Authority” means the Malta

Environment and Planning Authority;

“development” shall have the same meaning as assigned

to it in article 67 of the Act;

“Director” means the Director responsible for

environment protection within the Competent Authority, or

his designated representative;

“horticulturally-grown trees” means planted

trees that are grown through horticulture and in artificial

environments such as agricultural land, private gardens,

roadsides and paved areas, and excludes trees in protected

areas or in areas outside the development zone growing in

their natural environment, whether originally planted or not;

“near any tree” means five metres away from the

circumference of the tree canopy or ten metres away from the

tree trunk, whichever is the larger;

“outside the development zone” or “ODZ” means land

outside the boundary for development in a planning scheme

or local plan;

“owner” means either the direct owner or any person

who holds a title of lease, emphyteusis or any other right

of possession, or both owner of property and title together,

jointly or separately;

“pest” means any form of plant or animal life or any

pathogenic agent, other than a beneficial organism, capable of

directly or indirectly injuring any plant material or beneficial

organism, and includes genetically modified pests;

“person” means any person, whether natural or legal,

corporate or incorporate, and includes any person acting on

his own behalf or under the instructions of any employer,

master or owner;

“primary branches” means branches originating from the

main trunk or trunks of the tree;

“protected areas” means any area protected through

the Environment Protection Act or scheduled for ecological

and scientific reasons under the Development Planning Act,

including Tree Protection Areas, or under the Act;

“protected tree species” means trees listed in Schedules I

and II to these regulations;

“pruning” means the practice of cutting away of primary

branches, secondary branches, offshoots, and suckers of

horticulturally-grown trees to influence the formation of the

tree or to positively influence flowering, fruit yield and, or the

overall health status of the tree;

“related environment regulations” means the Flora,

Fauna and Natural Habitats Protection Regulations, 2006, the

Protection of Birds Regulations, 2006 and any other related

legislation;

“secondary branches” means branches originating from

the primary branches of the tree;

“site” shall also include a single property or more than

one property, irrespective of who is the owner of that property

which forms part of the site which is designated as a Tree

Protection Area through the provisions of regulation 6;

“smoking requisite”, “cigarette” and “tobacco” have the

same definition as is given to them in article 2 of the Tobacco

(Smoking Control) Act;

“surgical intervention” means any treatment required

to save a tree from disease or mechanical damage, structural

collapse, as well as treatments to prevent further damage in

an already damaged tree;

“tree” means a perennial woody plant, whether dead

or alive, which in its adult form, has a main trunk or trunks,

and secondary branches supported clear of the ground, and

a distinct crown. This includes individuals in all stages of

growth;

“Tree Protection Area” means any site published in the

Gazette in terms of the provisions of regulation 6 of these

regulations;

“Urban Conservation Area” or “UCA” means a historic

area (village core) as identified in a planning scheme or local

plan or other currently approved planning policies.

TREES PROTECTED IN SELECTED AREAS

The following trees are hereby protected, in line with the following terms and

conditions

(a) All trees of more than 50 years of age are protected within protected areas, in

ODZ and UCA. This protection shall not apply to trees listed in Schedule III and

to those trees which, in the Competent Authority’s opinion, are causing any

damage or adverse effect to the environment or to structures or features of

natural or cultural heritage value;

(b) Trees belonging to the species listed in the following table are protected within

protected areas and in ODZ

SCIENTIFIC NAME

MALTESE NAME

ENGLISH NAME

'arrub

Ceratonia siliqua

Carob

Si"ar ta’ (uda; 'arrub ta’

Judas Tree; Mediterranean

Cercis siliquastrum

(uda

Redbud

(ummar

Chamaerops humilis

Dwarf Fan Palm

Crataegus azarolus

G$an&alor

Azarole; Crete Hawthorn

Whithorn; Common

%ag$run

Crataegus monogyna

Hawthorn

Crataegus x ruscinonensis

G$an&alor Selva""

Hybrid Hawthorn

Cydonia oblonga

Sfar"el

Quince

(nibru; (niepru

Juniperus phoenicea

Phoenician Juniper

Laurus nobilis

Rand

Bay Laurel; Sweet Bay

)awsli

Morus alba

White Mulberry

Morus nigra

Tut

Black Mulberry

Myrtus communis

Ri$an

Myrtle

%ebbu"; %ejtun

Olea europaea s.l.

Olive

%ebbu" Selva""

Olea oleaster

Wild Olive

Phoenix dactylifera

Palma tat-Tamar

Date Palm

%nuber tal-Lvant

Pinus brutia

Brutia Pine; Calabrian Pine

%nuber; Si"ar tal-Prinjol;

Aleppo Pine; Jerusalem

Pinus halepensis

Si"ar ta’ l-Ar&nu

Pine

Pinus pinea

%nuber ta’ l-Ikel

Stone Pine; Umbrella Pine

Pistacia lentiscus

Deru; Delu

Lentisk; Mastic Tree

Populus alba

Luq

White Poplar

Quercus ilex

Ballut; Si"ar tal-(andar

Holm Oak; Evergreen Oak

Rhamnus alaternus

Alaternu

Mediterranean Buckthorn

P AGE 21 OF 23

VERŻJONI

ELETTRONIKA

D RAFT T REES

AND W OODLANDS P ROTECTION R EGULATIONS

, 2008

Sambucus nigra

Sambuka; Sebuq Kbir

Common Elder

(enista Safra

Spanish Broom

Spartium junceum

Tamarix spp.

Bruk

Tamarisks

Viburnum tinus

Meruna; Viburnum

Laurustinus

Ziziphus zizyphus

%in&el

Jujube

[= Ziziphus jujuba]

P AGE 22 OF 23

D RAFT T REES AND W OODLANDS P ROTECTION R EGULATIONS , 2008

B

The Competent Authority shall be responsible for Administration of

the administration, implementation and enforcement of these these regulations.

regulations.

PART II: PROTECTION OF TREES AND WOODLANDS

INVASIVE, ALIEN OR ENVIRONMENTALLY-INCOMPATIBLE SPECIES

Species marked with an asterix can be used in urban landscaping, but not in

ODZ.

SCIENTIFIC NAME

MALTESE NAME

ENGLISH NAME

Acacia cyclops

Aka#ja ta’ l-G$ajn

Coastal Wattle

Blue-Leaved Wattle; Blue-

Acacia saligna

Aka#ja

Leaved Acacia; Weeping

[= Acacia cyanophylla]

Wattle

Ga&&ija tax-Xewk; Xewk ta’

Acacia karroo

Karroo Thorn

Kristu; Aka#ja tax-Xewk

[= Acacia horrida auct. fl. Melit.]

Tree-of-Heaven; False

Ailanthus altissima

Xumakk; Xumakk Falz

Sumach; Japanese Varnish

[= Ailanthus glandulosa]

Tree

Ewkaliptus; Si"ra tal-

Eucalyptus camaldulensis *

Red Gum; Red River Gum

Gamiem

[= Eucalyptus rostrata]

Ewkaliptus; Si"ra tal-

Eucalyptus gomphocephala *

Tuart

Gamiem

Leucaena leucocephala

Lead Tree; White Popinac;

Albizzja; Ga&&ija Bajda

[= Acacia leucocephala; Albizzia

Cow Tamarind

lebbek auct. fl. Melit.]

Shrubby Putterlick;

Pittosporum tobira!"

Pittosporum

Japanese Mock Orange

Ricinus communis

Ri"nu

Castor Oil Tree

Schinus terebinthifolius

Si"ra tal-B&ar

Brazilian Pepper

P AGE 23 OF 23

Without prejudice to the related environment regulations

and provisions of Government Notice No. 269 of the 19th

July, 1933 about a list of historical trees having an antiquarian

importance, the Conifer Trees (Preservation) Regulations, 1949

published by Government Notice No. 328 of the 25th May, 1949,

and tree preservation orders issued under Development Planning

Act, it is hereby declared that: —

(a) the species of trees listed in Schedule I to these

regulations are protected in accordance with the terms and

conditions set out in the said Schedule I;

(b) the trees listed in Schedule II to these regulations

are protected in accordance with the terms and conditions set

out in the said Schedule II; and

(c) all trees sited in the Tree Protection Areas or other

protected areas are protected, except trees listed in Schedule

III.

The Competent Authority shall compile and where

appropriate update a list of important sites that

(a) contain representative types of Maltese woodland

communities; or

(b) contain woodland and forest communities

which are in danger of disappearing in their natural area of

distribution; or

(c) contain woodland and forest communities which

have a reduced natural area of distribution as a consequence

of their natural or man-induced regression or on account of

their intrinsically restricted area; or

(d) contain woodland habitats critical to the survival,

reproduction and recovery of endangered, threatened or

endemic species of flora or fauna; or

(e) contain a single individual tree or a specified

group of trees or a woodland of aesthetic, historical, cultural,

arboricultural, scientific, educational or landscape interest; or

(f) include trees that in the Competent Authority’s

opinion are prominent landmark trees of particular relevance

to the character of the site; or

(g) contain rare, threatened or endangered tree species

with a restricted distribution in Malta; or

(h) are woodland and forest communities of

particular importance because of their scientific, ecological,

biodiversity, biogeographical, scientific, cultural or landscape

or educational interest; or

(i) contain historical trees having an antiquarian

importance listed in Government Notice No. 269 of the 19th

July, 1933; or

(j) contain ex-situ live collections of rare, threatened

or endangered trees; or

(k) in the Competent Authority’s opinion contain

similarly relevant features for protection that are not listed

above.

(1) Once a site has been selected by the Competent

Authority in line with the criteria established in regulation 5 hereof,

the Competent Authority shall designate any such site as a Tree

Protection Area.

(2) The Competent Authority shall publish the details

of such site or sites, with delineated boundaries, in the Gazette.

(3) Any such designated Tree Protection Area shall be

considered a protected area in terms of the Act and the Environment

Protection Act and shall be subject to these regulations.

(4) Any site protected as a Tree Protection Area shall

remain protected notwithstanding any deliberate or accidental

circumstance whereby

(a) any tree sited in any such protected area is, wholly

or in part, destroyed or dies; or

(b) any other impact is suffered by the site.

(5) Any Tree Protection Area declared through

these regulations shall also form an integral part of the National

Ecological Network set up by regulation 5(1) of the Flora, Fauna

and Natural Habitats (Protection) Regulations, 2006, and is subject

to the other provisions of regulation 5 of the said regulations.

The Tree Protection Areas identified and protected

pursuant to the provisions of regulation 6 hereof, shall be registered

in an index held for that purpose, and in the public registry. The

said index shall be held in an electronic form in such manner that

research to determine the status of a site may be carried out.

PART III: TREE SPECIES CAUSING DAMAGE TO

BIODIVERSITY OR TO THE NATURAL ENVIRONMENT

IN GENERAL

(1) The trees listed in Schedule III to these regulations

are deemed to be species causing damage to biological diversity

of trees or woodlands in Malta, or to the natural environment in

general.

(2) No person shall propagate, sow, plant, import,

export, transport, sell or exchange any species listed in Schedule

III to these regulations, unless duly authorised in line with the

provisions of Part VI hereof.

(1) (a) The Competent Authority may, within such

time as it determines, order any person responsible for the land

in which any tree listed in Schedule III to these regulations is

sited to remove, uproot, kill or destroy any such tree, where such

removal would, in the Competent Authority’s opinion, constitute

an environmental improvement.

(b) A method statement may be issued by the

Competent Authority to ensure that such order is executed

with minimal damage to biodiversity.

(2) If such person mentioned in the previous provision

fails to comply with any such order, the Competent Authority may

remove, uproot, kill or destroy any such tree at the expense of the

said person.

(3) If the person responsible for the land upon which

such tree is sited is unknown, the Competent Authority may publish

such order in the Gazette and remove such a tree at its own expense

after ninety days from the publication of the order.

The Competent Authority may stop the transport

and importation of trees which in its opinion may endanger

the biological diversity of trees or woodlands in Malta, or be

detrimental in any way to the environment, or for any other reason

in the national interest.

PART IV: REGULATION OF ACTIVITIES

No person shall carry out or attempt to carry out any Protection of

action, which, in the opinion of the Competent Authority may biodiversity.

be damaging to any tree listed in Schedules I and II to these

regulations, and, or to the biological diversity of any tree or

woodland community protected in a Tree Protection Area or any

other protected area, except for trees of species listed in Schedule

III.

No person shall fell or attempt to fell, cut or attempt to

cut, strip off or attempt to strip off the bark or leaves of, uproot or

attempt to uproot, remove or attempt to remove timber from, affix

or attempt to affix something to, or in any way destroy or attempt

to destroy, damage or attempt to damage, any tree or part thereof

listed in Schedule I or Schedule II or any tree or part thereof sited

in a Tree Protection Area or any other protected area, except trees

of species listed in Schedule III, except by permission of the

Competent Authority

Provided that the cutting off of leaves does not apply

to trees listed in Schedule II.

The provisions of regulation 12 shall not apply with

respect to

(a) the pruning of horticulturally-grown trees listed

in Schedule I or Schedule II, including any horticulturally-

grown trees situated in a Tree Protection Area or any other

protected area, for the specific reason of preventing further

damage in an already damaged tree and to enhance its overall

health;

(b) the pruning of horticulturally-grown trees listed

in Schedule II, including any horticulturally-grown trees

situated in a Tree Protection Area or any other protected

area, to control growth for the specific reasons of preserving

its strength, improving its overall health, improving its fruit

productivity or avoiding likely injury to persons or likely

damage to property;

(c) the pruning of horticulturally-grown trees listed in

Schedule I or Schedule II, or any horticulturally-grown tree

sited in a Tree Protection Area or any other protected area, to

control growth for the specific reason of avoiding the likely

introduction of rodent pests within a property

Provided that any primary branch, secondary

branch or offshoot to be pruned must lie within

three metres from the walls of the building requiring

protection from the introduction of the said rodent pests;

(d) the removal and uprooting of any olive groves and

carob groves planted after the last day of December 1998

for harvesting purposes and other agricultural purpose. This

excludes trees found in Tree Protection Areas, any trees of

more than fifty years of age, and trees planted for the purpose

of landscaping as prescribed by a development permit;

(e) the cutting, felling, treatment and, or destruction

of any tree that harbours quarantine pests and diseases as

listed in Annexes I and II of the Plant Quarantine (Harmful

Organisms) Regulations, 2004, after appropriate consultation

with the director responsible for plant health

Provided that the provisions of this regulation

13 are without prejudice to regulation 11 of these

regulations or to any other law or regulation, provision,

agreement, management plan, order, permit or licence or

any condition or consent granted under any other law or

regulation.

(1) No person shall dump or attempt to dump, throw

or attempt to throw, pour or attempt to pour, let fall or let reach or

attempt to let fall or let reach biocide, defoliant, fertiliser, acid,

alkali or other corrosive material, fuel or any other combustible or

explosive material, saline water, chemical or any other substance

near any tree listed in Schedule I or Schedule II or near any tree

sited in a Tree Protection Area or any protected area, which may

harm any such tree, save for uncontaminated fresh water for

irrigation purposes and substances for the treatment of trees and of

arable land

Provided that in Tree Protection Areas, or where

similarly justified for conservation purposes, the

Competent Authority may prohibit such irrigation

or treatment if this would be in conflict with the

conservation status of the trees in question or the

biodiversity of the area.

(2) The Competent Authority may authorise the use of

substances prohibited in sub-regulation (1) or any other treatment

for weeding or surgical interventions which may in its opinion be

required.

No person shall place, attempt to place, or let be placed Combustible or

any tyre, rubber, polystyrene, paper, or any other combustible or explosive substances

explosive material, near any tree listed in Schedule I or Schedule

II or near any tree sited in a Tree Protection Area or any protected

area.

No person shall bury in the ground or attempt to bury Burying and

in the ground, dump or attempt to dump, or deposit or attempt deposition of material.

to deposit any soil, manure, waste, rubbish, stones, rubble, scrap

metal or any refuse near any tree listed in Schedule I or Schedule

II or near any tree sited in a Tree Protection Area or any protected

area, save for soil or substrate for the treatment of arable land,

provided that the quantities of such substances are not detrimental

to the trees protected in terms of these regulations.

(1) Any person who kindles or attempts to kindle a fire Fire.

near any tree listed in Schedule I or Schedule II, or any protected

area other than a Tree Protection Area, thereby causing damage

as a result of imprudent or negligent use of smoking requisites,

cigarettes or tobacco, fireworks or other combustible matter, or

omits to take adequate precautions in connection therewith, shall

be guilty of an offence.

(2) No person shall kindle or attempt to kindle a fire

within a Tree Protection Area

(a) for entertainment purposes, including and not

limited to bonfires, barbecues, campfires and fireworks;

(b) that causes damage as a result of imprudent or

negligent use of smoking requisites, cigarettes or tobacco,

fireworks or other combustible matter, or omits to take

adequate precautions in connection therewith.

(3) The above provisions shall not apply to —

(a) any person who kindles a fire which can be

controlled; or

(b) a fire directly connected with or necessary to the

management of the Tree Protection Area or other protected

area in question, with the prior approval of the Competent

Authority; or

(c) a controlled fire within the confines of a private

dwelling

Provided that in all cases, the person shall still be

liable for any direct, indirect or consequential damage

to any tree listed in Schedule I or Schedule II, or to any

Tree Protection Area or any other protected area. The

Competent Authority may also take action in terms of

these regulations if the person fails to keep the fire under

control as a result of negligence or malicious action.

(1) No person shall allow or attempt to allow animals

to cause damage through grazing to any tree listed in Schedule I or

Schedule II to these regulations.

(2) No person shall allow or attempt to allow animals

to graze in any Tree Protection Area or other protected areas.

(3) The owner of any animal that causes such damage

may be ordered to pay such compensation for the damage caused

as the Court may direct. If an animal belongs to more than one

owner, all the owners may be ordered jointly and severally to pay

compensation for the damage caused by such animal.

PART V: SUPPLEMENTARY PROVISIONS ON RELATED

PERMITS

(1) Wherever a development, either individually or

in combination with other plans or projects, is likely to have an

adverse effect on any trees listed in Schedule I or Schedule II to

these regulations, the Competent Authority may

(a)

refuse the application; or

(b) impose appropriate permit conditions;

(c) require amendments to, or relocation of, the

proposed development; or

(d) adopt a combination of the foregoing measures as

may be appropriate in the context of these regulations.

(2) Wherever a development, either individually or

in combination with other plans or projects, is likely to have an

adverse effect on any Tree Protection Area or other protected areas,

the Competent Authority may

(a) refuse the application; or

(b) impose appropriate permit conditions

(c) request an appropriate assessment of impacts; or

(d) adopt a combination of the foregoing measures as

may be appropriate in the context of these regulations.

(3) The provisions of this article shall apply in

respect of both outline development permit applications and

full development permit applications, and shall also apply in

determining a reconsideration or appeal under the provisions of the

Act.

(4) Development that is likely to have an adverse effect

on any trees listed in Schedule I or Schedule II of these regulations,

or on any Tree Protection Area or other protected areas, shall not

be permitted under a development order issued in terms of article

63 of the Act or through an application for minor amendment of an

existing development permit.

(5) The provisions of article 77 of the Act shall apply

in the event that any tree protected under these regulations is

significantly and adversely affected by a development permit issued

on the basis of incorrect, incomplete, misleading or fraudulent

information contained in the relevant permit application. In such

event, any related permit issued under these regulations shall also

be null and void.

PART VI: PERMITS UNDER THESE REGULATIONS

Without prejudice to the provisions of these regulations,

the Competent Authority may issue a permit prior to the carrying

out of any activity regulated by these regulations

Provided that the Competent Authority shall not issue

such a permit if, after considering the proposed activity, it is

of the opinion that the activity is unjustified or that the adverse

impacts of the activity outweigh any possible benefits.

Without prejudice to the related environment

regulations, no permit issued through these regulations shall permit

interventions that

(a) are already proposed in an application for a permit,

notification, clearance or licence made under the Environment

Protection Act or the Development Planning Act or the Act,

which is still being processed, amended, reconsidered or

appealed in accordance with any of the aforementioned Acts;

(b) would prejudice the merits of such processing,

amendment, reconsideration or appeal;

(c) would prejudice the merits of a request for any

clearance or licence required by the aforementioned Acts,

or would prejudice the merits of an appeal from a decision

thereon; or

(d) would prejudice any enforcement case, court case or

other cases currently sub-judice.

(1) The person requesting a permit for activities

referred to in regulation 21, hereinafter referred to as the applicant,

shall submit in writing an application to the Competent Authority

prior to carrying out such activities.

(2) In order to enable the Competent Authority to

adequately assess a request for permission, the application shall

(a) be accompanied by the relevant documents and any

other requisite information as specified and required by the

Competent Authority; and

(b) indicate whether the application falls under any

one of the criteria listed in paragraphs (a) to (d) of regulation

22; and

(c) be submitted in the manner prescribed by the

Competent Authority.

(1) Whenever the Competent Authority issues a

permit, it shall impose such conditions as it may deem appropriate.

(2) The period of validity of such permit shall also be

established at the discretion of the Competent Authority, and shall

be clearly indicated in the permit.

(3) Whenever the Competent Authority refuses such

permission, it shall inform the applicant of the reasons for such

(4) The Competent Authority may amend, suspend

or revoke any permit or other authorisation for activities that are

related to these regulations, giving reasons for its decision.

(5) A permit granted under these regulations shall

be null and void in the event that any tree protected under these

regulations is significantly and adversely affected by a permit

issued on the basis of incorrect, incomplete, misleading or

fraudulent information contained in the relevant permit application.

(6) The Competent Authority shall not issue or renew

any permit if the applicant in question has infringed any of the

terms, conditions, obligations or limitations of

(a) any other permit issued by the Competent Authority

under these regulations;

(b) any other permit issued by the Competent Authority

in relation to the site for which the permit is issued, whether

under these regulations or otherwise; or

(c) any other permit issued through the related

environment regulations.

The Competent Authority shall apply compensatory

planting measures for the permitted uprooting of trees listed in

Schedule I or Schedule II, and of any tree sited in a Tree Protection

Area or any other protected area.

(1) In permits concerning bona fide scientific or

educational studies, and without prejudice to any other obligations

and conditions laid down by the Competent Authority, a permit

holder shall be obliged to submit within a month from the expiry of

the permit

(a) a detailed report of the activities undertaken;

(b) the aim and what field of work or activity was

carried out;

(c) the methodology employed;

(d) the outcome and results achieved in connection

with the permit; and

(e) any other details as may be requested by the

Competent Authority in the permit.

(2) A copy of any published results and other

publications relevant to this permit shall reach the Competent

Authority within three months from the date of publication.

The Director, may, on behalf of the Competent

Authority, in cases of emergency or grave danger, issue a

temporary permit for the carrying out of any activity regulated by

these regulations, and in so doing he may issue any such directives

and decisions he may deem appropriate.

Details of persons, public entities and other institutions

having been granted a permit in connection with these regulations

together with the details of conditions imposed in such permissions

shall be recorded in an electronic register available for public

inspection.

During the execution of a permitted activity or operation, Person on site to hold

a copy of the permit shall be in the possession of any person who is

on site during such activity or operation. This permit shall be made

available to any official of the Competent Authority and any duly

authorised law enforcement official, including a Police or Armed

Forces officer, Wardens and Environment Inspectors upon request.

PART VII: PENALTIES

(1) Any person who: —

(a) fails to comply with any provision of these

regulations, or with any order lawfully given in terms of any

provision of these regulations, or

(b) contravenes any restriction, prohibition or

requirement imposed by or under these regulations, or

(c) acts in contravention of any provisions of these

regulations, or

(d) conspires or attempts to conspire, aids or attempts

to aid, abets or attempts to abet, counsels or attempts to

counsel, procures or attempts to procure any other person

to contravene the provisions of these regulations, or to fail

to comply with any such provision, including any order

lawfully given in terms of any provision of these regulations,

or to contravene any restrictions, prohibitions or requirement

imposed by or under the said regulations,

shall be guilty of an offence against these regulations.

(2) Any person who commits, or attempts to commit

an offence against these regulations shall be liable

(a) on a first conviction relating to trees listed in

Schedule I or trees sited in a Tree Protection Area or other

protected areas except for those of species listed in Schedule

III, to a fine (multa) of not less than €500 but not exceeding

€2500 for each tree of less than ten years of age, with the

exception of a first conviction in connection with regulation

18, and to compensatory planting measures by way of civil

liability;

(b) on a first conviction relating to trees listed in

Schedule I or trees sited in a Tree Protection Area or other

protected areas except for those of species listed in Schedule

III, to a fine (multa) of not less than €1,250 but not exceeding

€25,000 for each tree of more than ten years of age, with the

exception of a first conviction in connection with regulation

18, and to compensatory planting measures by way of civil

liability;

(c) on a first conviction relating to trees listed in

Schedule II to these regulations to a fine (multa) of not less

than €250 but not exceeding €2,500 for each tree of less than

ten years of age, with the exception of a first conviction in

connection with regulation 18, and compensatory planting

measures by way of civil liability;

(d) on a first conviction relating to trees listed in

Schedule II to these regulations to a fine (multa) of not less

than €350 but not exceeding €25,000 for each tree of more

than ten years of age, with the exception of a first conviction

in connection with regulation 18, and compensatory planting

measures by way of civil liability;

(e) on a first conviction relating to regulation 8 or

regulation 10 of these regulations, to a fine of not less than

€100 but not exceeding €500 for each tree;

(f) on a first conviction relating to regulation 18, to

a fine of not less than €50 but not exceeding €500 for each

tree;

(g) on a second or subsequent conviction, to a fine

(multa) of not less than €1,250 but not exceeding €50,000

for every tree, or to imprisonment for a term not exceeding

two years, or to both such fine and imprisonment.

(3) Any person found guilty of committing an offence

against these regulations shall be liable to all applicable penalties

and compensatory planting measures by way of civil liability, and

be required to pay for

(a) the full expenses incurred for remedying to the

Competent Authority’s satisfaction the damage caused by the

said infringement to the site, or to the conservation status of

the tree species, or to both, as relevant;

(b) any other expense incurred or mitigation measures

required to remedy such doings, damage and infringement, or

to contain or prevent more widespread impact; and

(c) the liquidated value of any irreparable loss or

damage to the environment, biological diversity, landscape,

natural heritage or cultural heritage, as may be relevant to

these regulations.

(4) The Court shall order the offender to remove Causes of damage.

the causes of the offence and to undo anything which was done

without a permit within a time sufficient for the purpose, but in

any case not exceeding three months from the date of judgement,

to be fixed by the Court; and, if the offender fails to comply with

any such order within the time so fixed, he shall be liable to a fine

(multa) of not less than €50 and not more than €150, as the Court

may fix, for every day that the default continues after the expiration

of the said time.

(5) The provisions of article 23 and of sub-article (1) Cap. 9.

of article 30 of the Criminal Code shall, mutatis mutandis, apply

to proceedings in respect of offences against these regulations,

so however that the disqualification from holding or obtaining a

licence, permit, clearance or authority shall in no case be for less

than one year.

(6) Notwithstanding the provisions of article 370

of the Criminal Code, proceedings for an offence against these

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

or the Court of Magistrates (Gozo), as the case may be, and

shall be in accordance with the provisions of the Criminal Code

regulating the procedure before the said courts as courts of criminal

judicature.

(7) Notwithstanding the provisions of the Criminal

Code, the Attorney General shall always have a right of appeal to

the Court of Criminal Appeal from any judgement given by the

Court of Magistrates (Malta) or the Court of Magistrates (Gozo), in

respect of proceedings for any offence against these regulations.

PART VIII: OTHER PROVISIONS

The Trees and Woodlands (Protection) Regulations,

2001. 2001 are hereby revoked.

B

D RAFT T REES AND W OODLANDS P ROTECTION R EGULATIONS , 2008