Waste Management (Shipments of Waste) Regulations, 2011

L.N. 285 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Waste Management (Shipments of Waste) Regulations, 2011

IN EXERCISE of the powers conferred by articles 61 and

62 of the Environment and Development Planning Act, the Prime

Minister, after consultation with the Malta Environment and

Planning Authority, has made the following regulations:-

(1) The title of these regulations is the Waste

Management (Shipments of Waste) Regulations, 2011.

(2) The scope of these regulations is to transpose the

provisions of Council Regulation (EC) No 1013/2006 on shipments

of waste in order to establish a system of supervision and control of

shipments of waste, so as to guarantee protection of human health

and the environment.

(3) These regulations shall come into force on such

date as the Minister may establish by means of a notice in the

Gazette.

(Regulation 5)

APPLICATION FEES CHARGED BY THE COMPETENT AUTHORITY

1. For the processing of a written notification by the Competent Authority as

Competent Authority of dispatch or transhipment, a fixed fee of €350 shall apply.

Any expenses relating to shipping of the notification documents by courier to the

competent authorities of transit and destination, and those relating to the treatment

facility in the country of destination, shall be borne by the notifier.

2. For the processing of a written notification by the Competent Authority as

Competent Authority of destination, a fixed fee of €500 shall apply.

3. For the processing of a movement document for every shipment (per

container) by the Competent Authority, as Competent Authority of dispatch or

transfer or as Competent Authority of destination, a fixed fee of €35 shall apply.

4. For the processing of a written notification by the Competent Authority as

Competent Authority of transit, a fixed fee of €250 should apply.

€0.54

(1) For the purposes of these regulations, and unless the

context otherwise requires, the following definitions shall apply

“the Act” means the Environment and Development

Planning Act;

“application” means the application submitted by

any person to obtain a permit for the importation, transit,

transhipment or exportation of waste;

“authorisation” means any authorisation granted under

these regulations and in relation to authorised providers

and services means a permit, licence, warrant, appointment,

concession or any decision concerning access to a service

activity or the exercise thereof;

“authorised provider” means and includes any person

who is a trader or importer in terms of these regulations and

who is in possession of an authorisation or permit issued in

his favour by the Competent Authority;

“the Community” means the European Community as

established by the Treaty of the European Union;

“the Competent Authority” means the Malta

Environment and Planning Authority and such other body or

person as the Minister may, by order in the Gazette prescribe,

and such other bodies or persons as may be designated for

different purposes of these regulations;

“competent authority of destination” means the

competent authority which imports waste into its country from

the competent authority of dispatch for trading purposes;

“competent authority of dispatch” means the competent

authority which exports waste from its country to the

competent authority of transit or destination for trading

purposes;

“competent authority of transit” means the competent

authority which either

(a) imports waste so that it is then transferred

or transhipped to another member state or country of

destination for trading purposes; or

(b) who exports waste after having imported such

waste into its country from the country or competent

authority of dispatch for trading purposes;

“Member State” means a state which is a member of the

European Union;

“the Minister” means the Minister responsible for the

environment;

“person” means any natural or legal person;

“third country” means a country which is not a member

state of the European Union;

“transhipment of waste” means and includes the activity

of transporting waste by ships or vessels in, within or out of

the Community;

“trade” means for the purpose of these regulations,

trade between Member States or between a Member State

and a third country in transhipment of waste, a business or

occupation to make profit or gain, and includes dealings in a

particular business activity.

(2) All other terms shall have the same meaning as

that assigned to them in regulation 4 of the Waste Regulations, L.N. 184 of 2011.

2011.

(1) The provisions contained in Council Regulation

(EC) No 1013/2006 on shipments of waste shall mutatis mutandis

apply.

(2) All shipments of waste destined for disposal in

Malta shall be prohibited. Where a notification is submitted to

the Competent Authority, as a competent authority of destination,

regarding a planned shipment of waste destined for disposal in

Malta, the Competent Authority shall ipso jure object.

(3) These regulations shall be without prejudice

to rights and obligations under international law and shall apply

without prejudice to the Waste Regulations, 2011, and other

existing national legislation which may apply in this regard.

(1) Applications for a permit for the transhipment of

waste according to these regulations, shall be accompanied by a

fee as may be prescribed by the Competent Authority set out in the

Schedule to these regulations.

(2) These regulations shall be without prejudice

to rights and obligations imposed by the competent authority of

destination and the competent authority or authorities of transit.

Any person shall be guilty of an offence under these Offences.

regulations if

(a) he fails to comply with or breaches any provisions

of these regulations or fails to comply with permit conditions

or with any order lawfully issued in terms of any provision of

these regulations; or

(b) he contravenes any restriction, prohibition or fails

to abide by any requirement imposed by or issued under these

regulations; or

(c) he unlawfully conspires, aids, instigates, or abets,

or attempts to conspire, aid, instigate or abet any other person,

by whatever means, including advertising, counselling or

procurement to contravene any of the provisions of these

regulations or to fail to comply with any such provisions,

including any order lawfully issued in terms of any such

provisions, or to contravene any restriction, prohibition or to

fail to abide by any requirement imposed by or issued under

the said regulations.

Any person who commits an offence against these

regulations in terms of regulation 5 hereof shall, on conviction, be

liable

(a) on a first conviction, to a fine (multa) of not

less than one thousand and one hundred and seventy euro

(€1,170), but not exceeding two thousand and three hundred

and thirty euro (€2,330);

(b) on a second conviction or subsequent convictions,

to a fine (multa) of not less than two thousand and three

hundred and thirty euro (€2,330), but not exceeding four

thousand and six hundred and sixty euro (€4,660), or to

imprisonment for a term not exceeding two years, or to both

such fine and imprisonment

Provided that, without prejudice to paragraphs (a) and

(b) of this regulation, whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, shall

be held liable in the same manner and degree

Provided further, that without prejudice to the penalties

for which the offender may be held liable in terms of this

regulation, the court may order any person who has been

found guilty of committing an offence under these regulations

to pay for the expenses incurred by the Competent Authority

in terms of these regulations as a result of the said offence, the

revocation of the permit issued by the Competent Authority

and the confiscation of the corpus delicti, including the

vehicle, if the case may be.

(1) Without prejudice to regulation 6 hereof, the

provisions of articles 23 and 30 of the Criminal Code shall mutatis

mutandis apply to proceedings in respect of offences committed

against these regulations, so however that the disqualification from

holding or obtaining a licence, permit or authority shall in no case

be for less than one year.

(2) Notwithstanding the provisions of article 370 of

the Criminal Code, proceedings for an offence committed against

these regulations shall be held before the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo) both as a court of

criminal judicature, as the case may be, and shall be regulated in

accordance with the provisions of the Criminal Code.

(3) Notwithstanding the provisions of the Criminal

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

before the Court of Criminal Appeal from any judgment given

by the Court of Magistrates (Malta) or the Court of Magistrates

(Gozo) both as a court of criminal judicature in respect of any

proceedings for any offence committed against these regulations.

The Environment Protection (Control of Transboundary

2000. Movement of Toxic and Other Substances) Regulations, 2000 are

hereby being revoked.

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