217 tal-2013 - Regolamenti tal-2013 dwar is-Sit ta’ l-Majjistral, Park ta’ Natura u Storja

L.N. 217 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

The Majjistral Nature and History Park Site Regulations, 2013

BY VIRTUE of the powers conferred by articles 60 and 61 of

the Environment and Development Planning Act, the Minister for

Sustainable Development, Environment and Climate Change has

made the following regulations:-

(1)

The title of these regulations is the Majjistral

Nature and History Park Site Regulations, 2013.

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

the Minister responsible for the environment may by notice in the

Gazette appoint.

Regulation 2

Ir-Ramla tal-Mixquqa (Golden Bay)

€0.81

In these regulations unless the context otherwise requires

"Act" means the Environment and Development Planning Act;

"beach" means Ir-Ramla tal-Mixquqa (Golden Bay), as

provided in the Conservation of Wild Birds Regulations;

"bird" and "birds" have the same meaning as provided in the

Conservation of Wild Birds Regulations;

"Board" has the same meaning as provided in the Establishment

of the Majjistral, Nature and History Park Regulations;

"boundaries" has the same meaning as provided in the

Establishment of the Majjistral, Nature and History Park Regulations;

"camp" means a structure set up as a place for temporary

accommodation;

"firearm" has the same meaning as provided in the Protection of

Birds and Wild Rabbit Regulations, and the Conservation of Wild

Birds Regulations;

"hunt" and "hunting" have the same meaning as provided in the

Conservation of Wild Birds Regulations, and shall include hunting for

wild rabbit (oryctolagus cuniculus);

"motor vehicle" has the same meaning as provided in the Motor

Vehicles (Offroading) Regulations;

"Park" has the same meaning as provided in the Establishment S.L. 504.82

of the Majjistral, Nature and History Park Regulations;

"Park Manager" has the same meaning as the "managing

organisations" as provided in the Establishment of the Majjistral, S.L. 504.82

Nature and History Park Regulations;

"related regulations" include the Filfla Nature Reserve Act, the Cap. 323.

Fungus Rock (Il-Ġebla tal-Ġeneral) Nature Reserve Regulations, the S.L. 504.01

Selmunett Islands (St. Paul Islands) Nature Reserve Regulations, the S.L. 504.05

Protection of Birds and Wild Rabbit Regulations, the Reptiles S.L. 504.06

(Protection) Regulations, the Rubble Walls and Rural Structures S.L. 504.13

(Conservation and Maintenance) Regulations, the Motor Vehicles S.L. 504.14

(Offroading) Regulations, the Marine Mammals (Protection) S.L. 504.61

Regulations, the Conservation of Wild Birds Regulations, the Flora, S.L. 504.71

Fauna and Natural Habitats Protection Regulations, the Trees and S.L. 504.16

Woodlands (Protection) Regulations, and all regulations establishing

any prohibition or any requirement for a permit or authorization in

respect of any intervention mentioned in these regulations;

"sand" means the sand at Ir-Ramla tal-Mixquqa (Golden Bay) as

shown in the site plan in the Schedule;

"take" and "taking" have the same meaning as provided in the

Conservation of Wild Birds Regulations, and shall include hunting for S.L. 504.71

wild rabbit (oryctolagus cuniculus).

(1)

No person shall, prior to two hours before sunrise Prohibited

and after ten o’clock in the morning (10.00 a.m), hunt or attempt to activities

restrictions

hunt, take or attempt to take, in any area of the Park.

inside the Park.

(2) No person shall access the Park whilst being in possession

of a firearm or any other weapon, whether loaded or not, whether

inside its cover or not or whilst being in possession of ammunition or

other equipment to hunt or any other means used to facilitate hunting

or taking prior to two hours before sunrise and after ten o’clock in the

morning (10.00 a.m).

(3) Any person hunting within the boundaries shall unload his

firearm or any other weapon and place it inside its cover and shall

collect any other equipment to hunt or any other means used to

facilitate hunting or taking and exit the Park by ten o’clock in the

morning (10.00 a.m) and remove from the Park any weapon,

ammunition or other equipment to hunt or any other means used to

facilitate hunting or taking or any hunted wild bird or wild rabbit

whether dead or alive, whether whole or in part in his possession or

under his control by ten o’clock in the morning (10.00 a.m).

(4) Without prejudice to the Conservation of Wild Birds

Regulations, and the Protection of Birds and Wild Rabbit

Regulations, no person shall be in possession of a firearm or any other

weapon for hunting, whether loaded or not, whether inside its cover

or not or be in possession of ammunition or other equipment to hunt

or any other means used to facilitate hunting or taking or any wild

bird or wild rabbit, whether dead or alive, whether whole or in part

anywhere in the Park between ten o’clock in the morning (10.00 a.m)

and two hours before sunrise of the following day.

(5) Without prejudice to the Conservation of Wild Birds

Regulations, and the Protection of Birds and Wild Rabbit

Regulations, no person shall be in possession or control of a wild bird

or a wild rabbit, whether dead or alive, whether whole or in part

anywhere in the Park between ten o’clock in the morning (10.00 a.m)

and two hours before sunrise of the following day.

(6) No person shall leave inside the park any fire-arm or other

weapon used for hunting, whether loaded or not, whether inside its

cover or not or leave any ammunition or other equipment to hunt or

any other means used to facilitate hunting or taking or any wild bird

or wild rabbit, whether dead or alive, whether whole or in part

anywhere in the Park between ten o’clock in the morning (10.00 a.m)

and two hours before sunrise of the following day.

(7) Without prejudice to the provisions of any other law and

unless in possession of a valid permit or authorization issued under

the direction of the Park Manager, as applicable, no person shall

within the boundaries of the Park

(a)

park, place or drive a vehicle outside designated

areas as indicated from time to time by the Board, except for

(i) the parking or driving of agricultural vehicles

on existing cultivated land as reasonably required for the

purpose of continued cultivation; or

(ii) the maintenance of services and, or public

works in line with the approved plans for the management

of the Park, and on condition that the works and any

ancillary parking, placing or driving are strictly confined

to the site approved for the works; or

(iii) law enforcement and keeping of good order

Provided that in all cases, the person shall still be

liable for any direct, indirect or consequential damage to the

Park;

(b)

camp outside designated areas as indicated from

time to time by the Board;

(c)

kindle or attempt to kindle a fire for entertainment

purposes, including and not limited to fireworks, bonfires,

barbecues, and campfires outside designated areas as indicated

from time to time by the Board, provided that this provision

does not apply to a person who kindles

(i) a fire directly connected with or necessary for

the management of the Park, with prior approval of the

Park Manager; or

(ii) a controlled fire within the confines of a

private dwelling or a controlled fire on existing cultivated

land for the purpose of cultivation-related maintenance

insofar as these are not in conflict with the management

plan provisions for the Park

Provided further that in all cases, the person shall

still be liable for any direct, indirect or consequential damage to

the Park;

(d)

hold an organized operation or activity, of a

commercial nature or otherwise, other than walking and cycling

on designated footpaths and educational tours organised by the

Park Manager and subject to other permits needed, involving

more than twenty (20) persons;

(e)

effect or place any temporary installation or facility

for the purpose of organized operations or activities;

(f)

hold any organised filming activity or similar

operations or activities taking place outside designated areas as

indicated from time to time by the Board;

(g)

remove any stones, pebbles or sand from the beach

or the sand dunes except as part of the management of the Park

under the direction of the Park Manager;

(h)

move, remove, shift or damage any equipment used

for the management of the park, including any signs, barriers,

waste collection facilities, or beach safety equipment;

(i)

cause damage to the Park and its biodiversity.

(8) The provisions of these regulations shall apply without Other relevant

prejudice to the provisions of any other related regulations, and do regulations.

not exempt any person including the Park Manager from complying

with any restrictions, prohibitions, and permit requirements that may

be applicable. The Park Manager shall be responsible for ensuring

that such regulations and requirements are duly complied with at all

times to the satisfaction of the competent authorities.

The Park Manager may issue a permit prior to the carrying

out of any prohibited activity included in regulation 3 provided that

such permits are without prejudice to the related regulations and other

permits, authorizations, licenses or clearances requested by law.

(1)

Any person who -

(a)

fails to observe the provisions of these regulations

or of any other lawful order given by virtue of any provision of

these regulations; or

(b)

infringes any restriction, prohibition or need

imposed by these regulations or by virtue thereof; or

(c)

fails to observe any condition of a permit or

consent granted under the provisions of these regulations; or

(d)

acts in contravention of any provision of these

regulations; or

(e)

makes a statement or presents information or

documentation, which such person knows to be false, for the

purpose of obtaining the approval of a permit or derogation in

line with these regulations; or

(f)

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 from complying

with any one of these provisions, including any lawful order

given by virtue of any provision of these regulations, or to

infringe any restriction, prohibition or need imposed by these

regulations or by virtue thereof,

shall be guilty of an offence against these regulations.

(2) The provisions of the Conservation of Wild Birds

Regulations shall apply mutatis mutandis to any person who commits

an offence under regulation 3(1) to (6), and the punishments

contemplated therein shall, on conviction, apply.

(3) Any person who commits or attempts to commit an offence

against any other regulation not mentioned in last foregoing sub-

regulation shall be liable

(a)

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

four hundred euro (€400) but not exceeding fifty thousand euro

(€50,000);

(b)

on a second or a subsequent conviction, to a fine

(multa) of not less than six hundred euro (€600) but not

exceeding sixty thousand euro (€60,000), or to imprisonment

for a term not exceeding two years, or to both such fine and

imprisonment.

(4) Any person found guilty of committing an offence under

these regulations shall, in addition to the penalties prescribed in the

last foregoing sub-regulation, be liable to all applicable penalties and

measures by way of civil liability, and the Court shall order

(a)

the payment of the full expenses incurred by the

public entities and, or other persons acting on their behalf in the

implementation of these regulations, for remedying, to the

satisfaction of the Park Manager, the damage caused to the Park

as a result of the commission of an offence under these

regulations;

(b)

the payment of any other expenses incurred and, or

the implementation of mitigation measures, that may be

reasonably required to contain or prevent the impact of an

offence committed under these regulations; and

(c)

the payment of the value, that shall be liquidated

by the Court, of any irreparable and irrevocable loss or damage

to the environment, biological diversity, landscape, natural

heritage or cultural heritage, as may be relevant to these

regulations

Provided that any such fines do not together exceed the

limits imposed by the Act.

(5) The Court shall order any person found guilty of

committing an offence under these regulations to remove the causes

of the offence and to undo anything which was committed without the

requisite permits within a time sufficient for the purpose, but in any

case not exceeding three months from the date of judgment, to be

fixed by the Court and, if the offender fails to comply with any such

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

(multa) of not less than fifty euro (€50) but not exceeding one

hundred and fifty euro (€150), as the Court may fix, for every day that

the default continues after the expiration of the said time.

(6) The provisions of articles 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of the

offences against these regulations, so however that the

disqualification from holding or obtaining a license, permit, clearance

or authority shall in no case be for less than one year.

(7) 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.

(8) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have the right of appeal to the Court of

Criminal Appeal from any judgment given by the Court of

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

proceedings for any offence against these regulations.

(1)

The provisions of these regulations shall not apply

in cases of defence and national security, public safety and health,

salvage operations and the investigation of offences provided that all

reasonable measures are taken to avoid unnecessary environmental

damage.

(2) The provisions and conditions laid down in these

regulations shall be without prejudice to the Conservation of Wild

Birds Regulations to the extent that the latter are not inconsistent with

these regulations, in which case, and to the extent of the

inconsistency, these regulations shall prevail.