Requisition of Excavation Voids Regulations, 2017

L.N. 101 of 2017

SUPPLIES AND SERVICES ACT

(CAP. 117)

Requisition of Excavation Voids Regulations, 2017

IN exercise of the powers conferred by article 3 of the Supplies

and Services Act, the Minister for the Economy, Investment and

Small Business, in consultation with the Minister for Sustainable

Development, the Environment and Climate Change, has made the

following regulations:-

The title of these Regulations is Requisition of Excavation

Voids Regulations, 2017.

In these regulations, unless the context otherwise requires

"excavation voids" means an excavated piece of land created

through surface or underground extraction;

"Minister" means the Minister responsible for the environment;

"requisition" means the taking possession by the Minister of any

excavation voids;

"requisitionee" means the person or persons from whose

possession an excavation void is requisitioned by the Minister.

The Minister may, by order under his hand, requisition any

excavation void or such part or parts thereof from any requisitionee

and may give such directions as appear to him to be necessary or

expedient in order that the requisition may be put into effect and

complied with.

The Minister or any public officer authorised by him may

enter any excavation void with a view to securing compliance with

the requisition order.

(1) The Minister may use or authorise any other person

to use any requisitioned excavation void in such manner and subject

to such conditions as he considers expedient having regards to the

public interest.

(2) The Minister may also, in his discretion, hand over to any

person any requisitioned excavation void to be used by such person

under the direction of the Environment and Resources Authority and

such other body or person as the Minister may by order in the

Gazette, prescribe.

Any person who contravenes or fails to comply with any Offences and

requisition order made by the Minister under regulation 3 or who penalties.

performs any act or omits to perform any act knowing or having

reasonable cause to believe that such act or omission is likely to

frustrate, hinder or obstruct the execution or the carrying out of any

measure, direction, or authorisation connected with such requisition

order, shall, on conviction, be liable to imprisonment for a term not

exceeding six months and to a fine (multa) of not less than five

hundred (€500) euro and not exceeding two thousand and three

hundred (€2,300) euro apart from the cancellation of any licence held

by such person in respect of the excavation void.

(1) In default of agreement between the Minister and Compensation.

the requisitionee, the compensation payable to the latter shall be such

as is deemed fair and reasonable in all the circumstances of the case

by a Board to be composed as follows

(a)

a Magistrate, to be appointed by the Chief Justice, as

Chairman;

(b) a person to be appointed by the Minister as his

representative; and

(c)

a person to be appointed by the requisitionee as his

representative.

(2) If the requisitionee does not appoint his representative

within the period of seven days from the day on which he is asked in

writing to do so by the Minister, the Minister shall appoint a third

member to represent the requisitionee.

(3) Before starting the proceedings relative to the assessment

of the compensation payable to the requisitionee, the members of the

Board, with the exception of the Chairman, shall take before the

Chairman the oath to examine and decide with equity and impartiality

the matter before it.

(4) The Board shall regulate its own procedure subject to the

rules of natural justice and shall have the same powers as are by the

Code of Organization and Civil Procedure conferred on the Court of Cap. 12

Magistrates (Malta) or the Court of Magistrates (Gozo) in its inferior

jurisdiction to call witnesses and hear evidence on oath. Summons to

witnesses shall be signed by the Chairman of the Board.

(5) An appeal from the decision of the Board shall lie to the

Court of Appeal (Inferior Jurisdiction) and shall be brought by means

of an application to be filed within six working days from the day on

which the decision of the Board is delivered.

When any person has been given the use of an excavation

void requisitioned under these regulations, whether or not such

person pays compensation in respect of such use, the Minister, if in

his discretion he is satisfied that such person should not continue in

such use, may order him to quit such excavation void and to surrender

the same within such time as the Minister may determine

notwithstanding any other provisions of law to the contrary.

€0.27