Disposal and Collection of Waste in Valletta Regulations, 2018

L.N. 175 of 2018

LITTER ACT

(CAP. 206)

Disposal and Collection of Waste in Valletta Regulations, 2018

IN EXERCISE of the powers conferred by article 10A of the

Litter Act, the Minister for Health made the following regulations

(1)

The title of these regulations is the Disposal and

Collection of Waste in Valletta Regulations, 2018.

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

Minister responsible for health may, by notice in the Gazette,

establish and different dates may be established in respect of different

provisions and purposes of these regulations.

(Regulation 5)

Dimensions and Specifications of vehicles which may carry out

waste collection operations in Valletta

(a)

For the collection of municipal solid waste

An N1 motor vehicle which shall be an autogas, electric or

hybrid electric vehicle or a vehicle which is not less than

Euro 5 standard whose dimensions do not exceed the

following maximum specifications

Length

6500 millimetres

Width

2500 millimetres

Height

2300 millimetres

(b)

For the collection of commercial waste

An N1 motor vehicle which shall be an autogas, electric or

hybrid electric vehicle or a vehicle which is not less than

Euro 5 standard and which is not equipped with a waste

compaction mechanism and whose dimensions do not

exceed the following maximum specifications

Length

6200 millimetres

Width

2500 millimetres

Height

2050 millimetres

In these regulations, unless the context otherwise requires

"commercial waste" shall have the same meaning assigned to it

in regulation 4 of theWaste Regulations;

"competent authorities" means such authorities which are vested

with the power to regulate the collection of waste in Valletta

including the times and days for the collection of waste;

"Division" means the Cleansing and Maintenance Division;

"Local Council" means the Valletta Local Council;

"municipal solid waste" shall have the same meaning assigned

to it in regulation 4 of the Waste Regulations;

"N1 motor vehicle" means a vehicle used for the carriage of

goods and having a maximum mass not exceeding 3.5 tonnes;

"packaging waste" shall have the same meaning assigned to it in

regulation 3 of the Waste Regulations;

"Valletta" means the geographical area indicated in the Second

Schedule of the Local Councils Act;

"waste" shall have the same meaning assigned to it in regulation

4 of the Waste Regulations;

"waste carrier for commercial waste", for the purposes of these

regulations, means a waste carrier duly registered with the

Environment and Resources Authority for the transport of non-

hazardous and inert waste in terms of the Waste Management S.L. 549.45

(Activity Registration) Regulations and who is also equipped with

vehicles whose specifications and dimensions conform to those

established in paragraph (b) of the First Schedule;

"waste carrier for municipal solid waste", for the purposes of

these regulations, means a waste carrier duly registered with the

Environment and Resources Authority for the transport of non-

hazardous and inert waste in terms of the Waste Management S.L. 549.45

(Activity Registration) Regulations.

(Regulation 6)

Plan of Valletta which shows, where indicated by the red colour, the

zones from which commercial waste is to be collected during such time

indicated in paragraph (b) of sub-regulation 6(1), whereas the remaining

zone within the boundaries of Valletta where marked with the black line,

the zones from which municipal solid waste shall be collected during

such times indicated in paragraph (a) of sub-regulation 6(1)

No person shall

Prohibitions.

(a)

deposit and leave in any place in the open air in

Valletta any dustbin, used box, bottle, tin, carton or other

container, or any paper, straw or other material used for

packing, or any other waste in whatsoever form it is packaged or

deposited, for the purpose of its collection unless such

depositing is made at a time reasonably approximate to, and

before, the time indicated in these regulations for its collection

(b)

at any time, even during such times indicated in

these regulations for the collection of waste, leave or deposit in

Valletta any waste, in whatsoever form it is packaged or

deposited, away from his own premises;

(c)

affix, abandon or leave affixed in any public place

in Valletta any flyers, signs, posters, expired permits or any

other printed material.

(Regulation 10)

First Column

Offence

Depositing or taking out waste outside of prescribed

collection times .....................................................................

Depositing or taking out waste away from one’s own

premises ................................................................................

Affixing, abandoning or leaving affixed any flyers, signs,

posters, expired permits or any other printed material

Puttng a skip in a public place in Valletta without a

permit from the Local Council or, after having obtained

such permit, failing to remove the said skip by not later than

8.00pm of the same day for which the permit has been

issued

For the purpose of collection of waste, making use of

vehicles not in

accordance with dimensions and

specifications stipulated in the First Schedule ..................

Collecting waste in Valletta outside the official collection

times ......................................................................................

Failure by contracted waste collectors to collect waste on

such days and during such times in which waste should be

collected ................................................................................

(1)

Any person requiring to put a skip in any public Permit.

place in Valletta shall be obliged to obtain a permit for such purpose

from the Local Council according to such procedures and subject to

such payments as may be established by the Local Council from time

to time.

(2) Any person who obtains a permit from the Local Council

to put a skip in any public place in Valletta shall be obliged to ensure

that the said skip is removed by not later than 8.00pm of the same day

in which the skip has been put in its place, irrespective of whether the

said skip has been filled or not.

The collection of waste in Valletta may only be carried out Waste collection

by waste collection operators which are duly registered with and operators.

licensed by the competent authorities for such purpose using N1

motor vehicles having such dimensions and specifications as are

indicated in the First Schedule.

(1)

The collection of waste in Valletta may only be

carried out on any calendar day, including Sundays and public

holidays, as follows

(a)

with regard to municipal solid waste, between

00am and 8.30am and between 3.00pm and 5.00pm from the

zones indicated as the zones for the collection of municipal

solid waste in the plan shown in the Second Schedule by a waste

carrier for municipal solid waste; and

(b)

with regard to commercial waste, between 3.00pm

and 5.00pm and between 12.00am and 3.00am from the zones

indicated as the zones for the collection of commercial waste in

the plan shown in the Second Schedule by a waste carrier for

commercial waste.

(2) Waste carriers for commercial waste shall be obliged to

collect waste from the zones indicated in the plan shown in the

Second Schedule by means of vehicles whose specifications and

dimensions conform to those established in paragraph (b) of the First

Schedule and to immediately transfer all waste so collected onto a

refuse compaction vehicle in such a place as shall be indicated for

such purpose by the Local Council.

(3) The collection of packaging waste by any waste collection

operator which is duly licensed and contracted to collect such waste

may only be carried out during the times stipulated in sub-regulation

(1) and by means of N1 motor vehicles which, with regard to waste

which shall be collected from the zones shown in the plan in the

Second Schedule as the zones for the collection of solid municipal

waste shall have such specifications and dimensions as are indicated

in paragraph (a) of the First Schedule and with regard to waste which

shall be collected from the zones shown in the plan in the Second

Schedule as the zones for the collection of commercial waste shall

have such specifications and dimensions as are indicated in paragraph

(b) of the First Schedule.

7. (1)

Any person who deposits, takes out or leaves any

waste earlier than 11pm with regards to waste which is left or

deposited for collection between midnight (12.00am) and 3.00am or

earlier than thirty minutes prior to 7.00am or 3.00pm or to any other

collection time which shall be announced by the competent

authorities on any day scheduled by the competent authorities for the

collection of waste or who deposits, takes out or leaves any waste on

any day which is not scheduled by the competent authorities for the

collection of waste shall be guilty of an offence

Provided that a commercial establishment which requires

the services of waste collection outside the time periods established in

this regulation may request such a service either from the Division,

for which a daily fee of twenty-five euro (€25) shall apply, or from

any other waste carrier

Provided further that in such an event the commercial

establishment shall be obliged to inform the Local Council at least

twenty-four hours prior to the intended time of such waste collection

operation.

(2) Furthermore, any person who, at any time, even during

such times indicated in these regulations for the collection of waste,

leaves or deposits in Valletta any waste, in whatsoever form it is

packaged or deposited, away from his own premises, shall also be

guilty of an offence.

(3) Any person who affixes, abandons or leaves affixed in any

public place in Valletta any flyers, signs, posted, expired permits or

any other printed material shall be guilty of an offence.

(4) Any person who puts a skip in any public place in Valletta

without a permit issued by the Local Council, or who, after having

obtained such permit, fails to remove the said skip by not later than

00pm of the same day for which the permit has been issued, shall be

guilty of an offence.

(5) A person who is found guilty of an offence under sub-

regulations (1) to (4) shall be liable

(i)

in the case of a first conviction, to a fine

(ammenda) of two hundred euro (€200);

(ii)

in the case of a second conviction, to a fine

(ammenda) of five hundred euro (€500);

(ii)

in the case of a third or subsequent conviction, to a

fine (ammenda) of one thousand euro (€1,000).

8. (1)

Any person who collects any waste in Valletta Offences

outside of the official collection times stipulated in regulation 6 shall related

collectors.

be guilty of an offence.

(2) Any person who collects any waste in Valletta by making

use of any vehicle which is not in accordance with the dimensions

and specifications stipulated in the First Schedule shall also be guilty

of an offence.

(3) Any person who, although contracted to collect

commercial waste or municipal solid waste on the days and during

such times as established in regulation 6, fails to collect such waste

during such days and times and from all the zones indicated in the

plans shown in the Second Schedule as the case may be, shall also be

guilty of an offence.

(4) A person who is found guilty of an offence under sub-

regulations (1), (2) or (3) shall be liable

(i)

in the case of a first conviction, to a fine

(ammenda) of seven hundred euro (€700);

(ii)

in the case of a second conviction, to a fine

(ammenda) of one thousand and five hundred euro (€1,500);

(iii)

in the case of a third or subsequent conviction, to a

fine (ammenda) of three thousand euro (€3,000).

(5) In all cases where a person is accused of having committed

an offence in violation of these regulations with the use of a vehicle,

the case shall be heard solely and exclusively by a court of criminal

jurisdiction.

(1)

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, is held liable in the

same manner and degree.

(2) Whenever any person is convicted of committing an

offence under these regulations by means of a vehicle, the court may,

in addition to the punishment established in terms of these

regulations, disqualify the offender from holding or obtaining a

driving licence in the case of a first conviction for a period of not less

than six months, and in the case of a second or subsequent conviction

for a period of not less than one year.

(3) Whenever any person is convicted for the second or

subsequent time of having committed an offence under these

regulations by means of a vehicle, the court may order the

confiscation of the vehicle with which the offence has been

committed.

(1) Notwithstanding any other law providing for the trial

and punishment of offences, where any person commits any of the

offences set out in the first column of the Third Schedule, the

following provisions of this regulation shall apply.

(2) Any police officer or local warden in whose opinion any

such offence has been committed, may hand over to the person who

has committed such an offence a notice containing a general

description of the offence which shall include the nature of the

offence and the date, time and place as well as the registration number

of the vehicle with which such an offence has been committed, when

applicable.

(3) Where any such notice is given, the person receiving such

notice, or any other person who accepts responsibility for the offence

referred to in the said notice, may, within ten days of the notice, call

at the place referred to in the notice, produce all such documents

therein referred to and pay the fine set out in the second column of the

Third Schedule in respect of that offence, or such person shall send

those documents and payment of the fine by registered post or shall

pay the fine by any other means indicated in the notice.

(4) Where the fine indicated in any such notice is not paid

within ten days, ordinary proceedings in respect of the offence in

question shall be taken in front of a Local Tribunal as designated by

the Minister responsible for justice or the court, as the case may be.

(5) Where any such notice is complied with and the said fine is

paid within the said period, no proceedings shall be taken in respect

of the offence in question and the payment of such fine shall, for all

intents and purposes, be deemed to be an admission of the

commission of the offence.

(6) The provisions of this regulation shall only apply in the

case of a first conviction but shall not apply in the case of a second or

subsequent conviction.