258 tal-2018

L.N. 258 of 2018

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Trees and Woodlands Protection Regulations, 2018

BY VIRTUE of the powers conferred by articles 54 and 55 of the

Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change, after consultation with

the Environment and Resources Authority, has made the following

regulations:-

(1) The title of these regulations is the Trees and

commencement.

Woodlands Protection Regulations, 2018.

(2) Regulation 19 shall come into force on such a date as the

Minister responsible for the Environment may by notice in the Gazette

declare.

(Regulations 3, 5, 13, 14, 15, 17 and 20)

PROTECTED TREES

Part A

Table 1

The following trees are hereby protected in all

locations in Malta

SCIENTIFIC NAME

MALTESE NAME

ENGLISH NAME

Bean Trefoil Tree;

Anagyris foetida

Il-Fula tal-Klieb

Mediterranean Stinkwood

Southern Nettle Tree

Celtis australis

Il-Buglar; iċ-Ċeltis

Shrubby Horsetail;

Ephedra fragilis

L-Efedra

Joint Pine

Narrow-Leaved Ash

Fraxinus angustifolia

Il-Fraxxnu; is-Siġar

tal-Paċenzja

Lycium spp., including

Mediterranean Tea-Tree;

L-Għawseġ

Tea-Tree; Boxthorn;

Lycium barbarum

Southern Boxthorn

Lycium europaeum

Lycium intricatum

Lycium schweinfurthii

Medlar; Mediterranean

Mespilus germanica

Fomm il-Lipp; Omm

Medlar

il-Epp; In-Naspli

t-Tedeski

Christ’s Thorn Tree

Paliurus spina-christi

Ix-Xewk tal-Kuruna;

Ix-Xewk ta’ Kristu

Mock Privet; Jasmine Box

Phillyrea latifolia

L-Olivastru; il-Fillirja

Mock Privet; Jasmine Box

Phillyrea media

L-Olivastru; il-Fillirja

Pistacia x saportae

Hybrid Mastic Tree

Id-Deru l-Bagħal

Terebinth; Turpentine Tree

Pistacia terebinthus

Il-Botna; L-Iskornabekk;

Is-Siġar tat-Turpentina;

It-Trementina; Is-Siġar

tal-Fosdoq; it-Terebintu

Mahaleb Cherry; St Lucie

Prunus mahaleb

Iċ-Ċirasa Bagħlija;

[= Cerasus mahaleb;

Cherry

Iċ-Ċirasa s-Selvaġġa

Druparia mahaleb]

Sloe; Blackthorn

Prunus spinosa

Il-Prajn tax-Xewk

Prunus x dasycarpa

Black Apricot

Iż-Żabrikott

Almond-Leaved Pear

Pyrus amygdaliformis

Il-Lanġas Selvaġġ

Wild Pear

Pyrus pyraster

Il-Lanġas Bagħal;

il-Lanġas Selvaġġ

Syrian Pear

Pyrus syriaca

Il-Lanġas Selvaġġ

Holm Oak; Evergreen Oak

Quercus ilex

Il-Balluta; Is-Siġar

tal-Ġandar

Lesser Buckthorn;

Rhamnus oleoides

Iż-Żiju

Olive-Leaved Buckthorn

Common Sumach

Rhus coriaria

Ix-Xumakk tal-Konz

Salix alba s.l.

White Willow

Iż-Żafżafa; Iż-Żafżafa

l-Kbira; Iż-Żafżafa

l-Bajda

Mediterranean Willow

Salix pedicellata

Iż-Żafżafa ż-Żgħira

Rowan; Mountain Ash

Sorbus aucuparia

Iż-Żorba s-Selvaġġa

Service Tree

Sorbus domestica

Iż-Żorba

Spanish Broom

Spartium junceum

Il-Ġenista s-Safra

Arar tree; Sandarac Gum

Tetraclinis articulata

L-Għargħar

Tree; Mediterranean

Alerce; Barbary

Arbor-Vitae

Hoary Elm; Grey-Leaved

Ulmus canescens

In-Nemmiesa; Is-Siġar

[=Ulmus minor subsp.

Elm

tan-Nemus; l-Ulmu;

canescens]

l-Ulmu ta’ Malta

Ulmus spp., including

Elm Trees

L-Ulmu

Ulmus americana

Ulmus laevis

Ulmus minor s.str.

Ulmus glabra

Ulmus procera

Chaste Tree; Virgin Bush.

Vitex agnus-castus

L-Għadiba; Il-Virgi;

Il-Bżar tal-Patrijiet;

L-Għadbiera; Is-Siġar

tal-Virgi

Table 2

The following species are protected within protected areas, in

ODZ, in green areas, and in natural or rural/green enclaves in an

urban area (development zone), or in urban public open spaces

Provided that the species marked with a cross ( x ) are not

protected if horticulturally grown

Provided further that the species marked with an asterisk (*) are

not protected if planted for agricultural purposes for fruit or oil

production in a field registered for agricultural use with the

Agriculture Directorate and used by a registered farmer.

SCIENTIFIC NAME

MALTESE NAME

ENGLISH NAME

Strawberry Tree; Cane

Arbutus unedo

L-Imbragla

Apple; Western Arbutus

Carob

Ceratonia siliqua

Il-Ħarruba

Judas Tree; Mediterranean

Cercis siliquastrum

Is-Siġra ta’ Ġuda;

Redbud

il-Ħarrub ta’ Ġuda

Dwarf Fan Palm

Chamaerops humilis

Il-Ġummara

Azarole; Crete Hawthorn

Crataegus azarolus

L-Għanżalor

Whithorn; Common

Crataegus monogyna

Iż-Żagħrun

Hawthorn

Crataegus x ruscinonensis

Hybrid Hawthorn

l-Għanżalor Selvaġġ

Italian Cypress

Cupressus sempervirens

Iċ-Ċipress

Quince

Cydonia oblonga

L-Isfarġel

Large Fruited Juniper

Juniperus macrocarpa

Il-Ġnibru x-Xewwieki

[= Juniperus oxycedrus

subsp. macrocarpa]

Prickly Juniper; Cade

Juniperus oxycedrus

Il-Ġnibru x-Xewwieki

Juniper; Prickly Cedar;

Sharp Cedar

Phoenician Juniper

Juniperus phoenicea s.l.,

Il-Ġnibru; Il-Ġniepru;

including Juniperus

L-Għargħar

turbinata

Bay Laurel; Sweet Bay

Laurus nobilis

Ir-Randa

Malus pumila s.l.*

Apple Tree*

Is-Siġar tat-Tuffieħ;

[= Malus domestica s.l.;

Il-Pumiċella; It-Tuffieħa

Pyrus malus s.l.]

tal-Billudja*

European Crab Apple;

Malus sylvestris*

It-Tuffieħ Selvaġġ*

Wild Apple*

White Mulberry*

Morus alba*

Is-Siġar taċ-Ċawsli*

Black Mulberry*

Morus nigra*

Is-Siġar tat-Tut*

Myrtle

Myrtus communis

Ir-Riħan

x

Oleander x

Id-Difla; Siġret il-Ġarab;

Nerium oleander

Siġret il-Bass; Is-Siġar

tal-Wirdien; l-Oleandru x

Olea europaea s.l.*

Olive*

Iż-Żebbuġa; Iż-Żejtuna*

Olea oleaster s.l., including

Wild Olive; Oleaster

Iż-Żebbuġ Selvaġġ

Olea europaea var.

sylvestris

Date Palm

Phoenix dactylifera

Il-Palm tat-Tamar;

In-Naħla; Is-Siġar

tat-Tamar

Pinus spp., including Pinus

Pines

Iż-Żnuber; Is-Siġar

halepensis

tal-Prinjol; Is-Siġar ta’

l-Arżnu; l-Arżnu

s-Selvaġġ

Lentisk; Mastic Tree

Pistacia lentiscus

Id-Deru; Id-Deluwa

White Poplar

Populus alba

Il-Luqa; Is-Siġar

taċ-Ċopp

Apricot; Armenian Plum*

Prunus armeniaca*

Is-Siġra tal-Berquq;

[= Armeniaca vulgaris;

Il-Lixandrina*

Amygdalus armeniaca]

Wild Cherry; Sweet

Prunus avium*

Iċ-Ċirasa; l-Amarena*

[= Cerasus avium; Prunus

Cherry; Gean*

cerasus var. avium]

Prunus cerasifera s.l.*,

Cherry Plum; Myrobalan

Iċ-Ċuplamm;

including Prunus

Plum*

l-Għanbaqar il-Kbir*

myrobalana*

Dwarf Cherry; Sour

Prunus cerasus*

Iċ-Ċirasa s-Selvaġġa*

[= Cerasus vulgaris]

Cherry; Tart Cherry*

Plum Tree; Prune Tree;

Prunus domestica s.l.*,

Il-Prajn; l-Għanbaqar;

including Prunus institia*

Bullace; Damascene;

Il-Prajjen; Il-Pruna;

[= Druparia prunus;

Damson; Greengage*

Is-Sużina *

Druparia institia; Prunus

communis s.l.]

Prunus dulcis s.l.*

Common Almond*

Is-Siġra tal-Lewż*

[= Amygdalus communis]

Prunus persica s.l.*

Peach Tree*

Il-Ħawħa*

[= Persica vulgaris s.l.;

Amygdalus persica s.l.]

Prunus persica var.

Nectarine Tree*

In-Nuċiprisk; l-Anċiprisk;

nucipersica*

Iċ-Ċiprisk*

[= Persica nucipersica]

Pomegranate*

Punica granatum*

Is-Siġar tar-Rummien;

Is-Siġar tal-Bullar*

European Pear Tree*

Pyrus communis*

Il-Lanġasa;

[= Pyrus domestica]

Il-Bergamotta; Il-Butira;

Il-Maskarella;

Il-Bambinella; l-Anġilka;

l-Ottobrina*

Palestine Oak; Eastern

Quercus calliprinos

Il-Balluta x-Xewwikija

Kermes Oak

Kermes Oak

Quercus coccifera

Il-Balluta x-Xewwikija

Cork Oak

Quercus suber

Is-Siġar tas-Sufra;

Il-Balluta tas-Sufra

Mediterranean Buckthorn

Rhamnus alaternus

L-Alaternu

Dwarf Elder

Sambucus ebulus

In-Nittiena; Is-Sebuqa

Selvaġġa

Common Elder

Sambucus nigra

Is-Sambuka; Is-Sebuqa;

Is-Sebuqa l-Kbira

Tamarix spp., including

Tamarisks

Il-Bruka; It-Tarfa

Tamarix africana

Laurustinus

Viburnum tinus

Il-Meruna; Il-Viburnu

Jujube

Ziziphus zizyphus

Iż-Żinżel

[= Ziziphus jujuba]

Part B

Without prejudice to the Table 1 and Table 2 the following are

hereby protected

(i) all trees that are visible on the 1967 aerial photos or

are more than fifty (50) years of age, are protected if located

within protected areas, ODZ, within an Urban Conservation Area

(UCA) or in an urban public open space;

(ii) trees, woodlands and sites of historic or antiquarian

importance as listed in the List of Historical Trees Having an

Antiquarian Importance Order;

(iii) trees, woodlands and sites or their biological diversity

protected under regulation 7, as directed by the relevant notice

issued under that regulation or any other protected area;

(iv) trees, woodlands and sites protected by a Tree

Preservation Order or by an approved management plan for a

protected area, as directed by such Order or Plan; and

(v) the Indian fig or Ficus (Ficus microcarpa s.l., = Ficus

retusa; Ficus nitida) trees are protected in urban public open

spaces

Provided that in the competent authority’s opinion

these are not causing any damage or adverse effect to the

environment or to structures or features of natural or cultural

heritage value

Provided further that unless otherwise specified in the

relevant notice, Order or Plan, the protection provided by points

(iii) and (iv) shall not apply to trees listed in the Second

Schedule.

(1) The objectives of these regulations are to protect trees

and woodlands in the Maltese Islands, safeguard them, and to regulate

the activities that may have an effect thereon.

(2) These regulations shall revoke the Trees and Woodlands

Protection Regulations. Notwithstanding this, any Tree Protection

Areas previously declared under the Trees and Woodland Protection

Regulations, shall remain in force and have effect as if entered into

under regulation 7 of these regulations.

PART I

INTERPRETATION AND ADMINISTRATION

(Regulations 9, 10, 11, 12 and 15)

INVASIVE, ALIEN OR

ENVIRONMENTALLY-INCOMPATIBLE SPECIES

The species listed below shall be subject to the provisions of

regulation 9, however trees belonging to the species marked with

an asterisk (†) shall be protected in urban public open spaces.

SCIENTIFIC NAME

MALTESE NAME

ENGLISH NAME

Coastal Wattle

Acacia cyclops

L-Akaċja tal-Għajn

Blue-Leaved Wattle;

Acacia saligna

L-Akaċja

[= Acacia cyanophylla]

Blue-Leaved Acacia;

Weeping Wattle

Tree-of-Heaven; False

Ailanthus altissima

Ix-Xumakk; Ix-Xumakk

[= Ailanthus glandulosa]

Sumach; Japanese Varnish

Falz

Tree

Casuarina spp.

Australian pine tree;

Il-Każwarina

Sheoak

Eucalyptus camaldulensis †

Red Gum; Red River

L-Ewkaliptus; Is-Siġra

[= Eucalyptus rostrata]

Gum†

tal-Gamiem†

Tuart†

Eucalyptus gomphocephala

L-Ewkaliptus; Is-Siġra

tal-Gamiem†

Lead Tree; White Popinac;

Leucaena leucocephala

L-Albizzja; Il-Gażżija

[= Acacia leucocephala;

Cow Tamarind

l-Bajda

Albizzia lebbek auct. fl.

Melit.]

Tree Tobacco; Mustard

Nicotiana glauca

It-Tabakk tas-Swar;

Tree

Is-Siġra tat-Tabakk;

It-Tabakk l-Isfar

Shrubby Putterlick;

Pittosporum tobira

Il-Pittosporum

Japanese Mock Orange

Castor Oil Tree

Ricinus communis

Ir-Riġnu; Il-Ħarwija

Brazilian Pepper

Schinus terebinthifolius

Is-Siġra tal-Bżar; Il-Bżar

Falz

Karroo Thorn; Sweet

Vachellia karroo

Il-Gażżija tax-Xewk;

[= Acacia karroo; = Acacia

Thorn

Ix-Xewk ta’ Kristu;

horrida auct. fl. Melit.]

L-Akaċja tax-Xewk

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Environment Protection Act;

"agricultural land" means arable land that is lawfully used

for cultivation, and excludes any non-arable land or wild trees

even if located within the confines of an agricultural holding;

"Authority"

or

"Competent

Authority"

means

the

Environment and Resources Authority as established in article 6

of the Act;

"compensatory planting" means the planting or provision of

one or more trees, as a replacement or compensation for other

trees that have been, or will be, uprooted, felled, damaged or

removed;

"director" means the director responsible for environment

protection within the Authority or any person delegated or

commissioned by the Director or otherwise acting lawfully on

his behalf;

"director responsible for plant health" means the director as

defined in the Plant Quarantine Act or any person delegated or Cap. 433.

commissioned by the Director or otherwise acting lawfully on

his behalf;

"green areas, and natural or rural/green enclaves in urban

area (development zone)" means areas that are specifically zoned

in the relevant approved Local Plan, or any planning scheme, as

areas which are to remain free from built development, or which

are to be safeguarded as elements of natural heritage, or as

surviving countryside remnants, notwithstanding their location

within the urban area (development zone boundary);

"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;

"licensing authority" means the Authority or any other

person delegated or commissioned by the Authority to lawfully

act on its behalf;

"licensed tree specialist" shall have the same meaning

assigned to it in regulation 19;

"near any tree" means any area within a distance of five

metres away from the circumference of the tree canopy or within

the distance of 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;

"permit" means an authorisation to carry out a specific

intervention, and does not include any licence or registration

issued in terms of regulation 19;

"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 other person;

"poison" means any substance, or concentration of such

substance, which is harmful to a specimen, and includes, but is

not limited to, any application of such substance through

injection, spraying, deposition or irrigation;

"primary branches" means branches originating from the

main trunk or trunks of tree;

"protected area" means any area which is legally protected,

scheduled or legally designated for conservation in view of its

ecological, scientific or high landscape-related value, in terms of

the Act or in terms of the Development Planning Act, as well as

any site protected in terms of regulation 7;

"protected tree" means those trees falling under the First

Schedule;

"prune" or "pruning" means the cutting away of primary

branches, secondary branches, offshoots, or suckers;

"Register" means the Register of Licensed Tree Specialists

duly authorised to carry out interventions on trees;

"registered farmer" means a farmer registered with the

Agriculture Directorate;

"remove the bark" includes stripping off of the bark or part

thereof, as well as ring-barking or girdling;

"secondary branches" means branches originating from the

primary branches of the tree;

"site" includes a single property or more than one property,

irrespective of who is the owner;

"specimen" means tree or parts of tree;

"surgical intervention" means any treatment required to

save or heal a tree from disease, mechanical damage, or

structural collapse, as well as any treatment to prevent further

deterioration of an already damaged tree;

"tree" means a perennial plant, whether dead or alive,

which in its adult form has a main woody trunk or trunks and

woody branches and including representatives of the family

Arecaceae (Palmae), but excludes plants cultivated in pots;

"tree preservation order" means any tree scheduled through

a notice in the Gazette issued through the provisions of the

Development Planning Act;

"tree protection area" shall have the meaning assigned to it

in regulation 7 and includes any Tree Protection Areas declared

through the Trees and Woodland Protection 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;

"urban public open space" includes roads, roadsides,

pavements, piazzas, public gardens, parks, cemeteries,

roundabouts, central strips and other traffic islands, and ancillary

landscaped areas;

"wild

trees"

means

trees

which

are

not

horticulturally-grown;

"woodland" includes natural or semi-natural vegetation

communities characterised by trees such as natural forest or

woodland remnants, semi-natural woodland, primary and

secondary maquis, coastal maquis, and riparian or rupestral

copses.

(Regulations 19 and 21)

FEES

1. Fee for registration as Licensed Tree Specialist

€50 for three years

€50 in the case of submission for

renewal after the expiry date of the

2. Fee for renewal of registration of Licensed Tree

current registration

Specialist

€30 in case of submission for

renewal before expiry date

€20 per application which involves

intervention on up to a maximum of

20 trees or for application for a

permit under regulation 9(2) for a

3. Fee for application for permit under these maximum of 20 specimen

regulations

€100 per application which

involves intervention on more than

20 trees or for application for a

permit under regulation 9(2) for

more than 20 specimen

The competent authority shall be responsible for the Administration

administration, implementation, compliance assurance and of

regulations.

enforcement of these regulations.

PART II

PROTECTION OF TREES AND WOODLANDS

(Regulation 29)

PENALTIES

Any person who commits, or attempts to commit, an offence

against these regulations shall be liable to the following

penalties

i)

on first conviction relating to wild trees listed under

Table 1 of Part A of the First Schedule to the following fine

(multa) for each specimen

APPLICABLE PENALTY (€)

Total

Other offence not

SCIENTIFIC

MALTESE

ENGLISH

destruction of

being total

NAME

NAME

NAME

tree

destruction

Min

Max

Min

Max

Bean Trefoil

Tree;

Il-Fula

10,000

50,000

5,000

30,000

Anagyris foetida

Mediterranean

tal-Klieb

Stinkwood

Southern Nettle

Il-Buglar;

10,000

50,000

5,000

30,000

Celtis australis

Tree

iċ-Ċeltis

Shrubby

Horsetail; Joint

25,000

85,000

7,000

35,000

Ephedra fragilis

L-Efedra

Pine

Il-Fraxxnu;

Narrow-Leaved

Fraxinus

25,000

85,000

7,000

35,000

is-Siġar

Ash

angustifolia

tal-Paċenzja

Lycium spp.,

including

Lycium

Mediterranean

barbarum

Tea-Tree;

Lycium

Tea-Tree;

25,000

85,000

7,000

35,000

europaeum

L-Għawseġ

Boxthorn;

Lycium

Southern

intricatum

Boxthorn

Lycium

schweinfurthi

i

Fomm il-Lipp;

Medlar;

Mespilus

Omm il-Epp;

Mediterranean

25,000

85,000

7,000

35,000

germanica

In-Naspli

Medlar

t-Tedeski

Ix-Xewk

Christ’s Thorn

Paliurus

tal-Kuruna;

25,000

85,000

7,000

35,000

Tree

spina-christi

Ix-Xewk ta’

Kristu

Mock Privet;

Phillyrea

L-Olivastru;

25,000

85,000

7,000

35,000

Jasmine Box

latifolia

il-Fillirja

Mock Privet;

L-Olivastru;

25,000

85,000

7,000

35,000

Phillyrea media

Jasmine Box

il-Fillirja

Hybrid Mastic

Pistacia x

Id-Deru

10,000

50,000

5,000

30,000

Tree

saportae

l-Bagħal

Il-Botna;

L-Iskornabekk;

Is-Siġar

Terebinth;

Pistacia

tat-Turpentina;

10,000

50,000

5,000

30,000

Turpentine Tree

terebinthus

It-Trementina;

Is-Siġar

tal-Fosdoq;

it-Terebintu

Iċ-Ċirasa

Mahaleb

Bagħlija;

25,000

85,000

7,000

35,000

Prunus mahaleb

Cherry

Iċ-Ċirasa

s-Selvaġġa

Sloe;

Il-Prajn

25,000

85,000

7,000

35,000

Prunus spinosa

Blackthorn

tax-Xewk

Prunus x

Black Apricot

25,000

85,000

7,000

35,000

Iż-Żabrikott

dasycarpa

Almond-Leave

Pyrus

Il-Lanġas

25,000

85,000

7,000

35,000

d Pear

amygdaliformis

Selvaġġ

Il-Lanġas

Bagħal;

Wild Pear

25,000

85,000

7,000

35,000

Pyrus pyraster

il-Lanġas

Selvaġġ

Il-Lanġas

Syrian Pear

25,000

85,000

7,000

35,000

Pyrus syriaca

Selvaġġ

Il-Balluta;

Holm Oak;

10,000

50,000

5,000

30,000

Quercus ilex

Is-Siġar

Evergreen Oak

tal-Ġandar

Lesser

Buckthorn;

Rhamnus

10,000

50,000

5,000

30,000

Iż-Żiju

Olive-Leaved

oleoides

Buckthorn

Common

Ix-Xumakk

25,000

85,000

7,000

35,000

Rhus coriaria

Sumach

tal-Konz

Iż-Żafżafa;

Iż-Żafżafa

Salix alba s.l.

White Willow

25,000

85,000

7,000

35,000

l-Kbira;

Iż-Żafżafa

l-Bajda

Mediterranean

Iż-Żafżafa

25,000

85,000

7,000

35,000

Salix pedicellata

Willow

ż-Żgħira

Rowan;

Sorbus

Iż-Żorba

25,000

85,000

7,000

35,000

Mountain Ash

aucuparia

s-Selvaġġa

Sorbus

Service Tree

25,000

85,000

7,000

35,000

Iż-Żorba

domestica

Il-Ġenista

Spanish Broom

25,000

85,000

7,000

35,000

s-Safra

Arar tree;

Sandarac Gum

Tree;

10,000

50,000

5,000

30,000

L-Għargħar

Mediterranean

Alerce; Barbary

Arbor-Vitae

In-Nemmiesa;

Ulmus canescens

Hoary Elm;

Is-Siġar

[=Ulmus minor

Grey-Leaved

25,000

85,000

7,000

35,000

tan-Nemus;

Elm

l-Ulmu; l-Ulmu

ta’ Malta

americana

Ulmus laevis

Elm Trees

10,000

50,000

5,000

30,000

L-Ulmu

Ulmus minor

Ulmus glabra

L-Għadiba;

Il-Virgi;

Il-Bżar

Chaste Tree;

10,000

50,000

5,000

30,000

tal-Patrijiet;

Virgin Bush.

agnus-castus

L-Għadbiera;

Is-Siġar

tal-Virgi

;

(ii) on first conviction relating to horticulturally-grown

trees listed in Table 1 of Part A of the First Schedule to the

following fine (multa) for each specimen

(a) not less than two thousand five hundred euro

(€2,500) but not exceeding twenty thousand euro (€20,000)

for the total destruction of a tree; or

(b) not less than one thousand two hundred and

fifty euro (€1,250) but not exceeding seven thousand euro

(€7,000) for other offences not involving the total

destruction of a tree;

(iii) on first conviction relating to trees located in a Tree

Protection Area or a Tree Preservation Order to the following

fine (multa) for each specimen

(a)

not less than five thousand euro (€5,000) but

not exceeding twenty five thousand euro (€25,000) for the

total destruction of a tree; or

(b) not less than two thousand euro (€2,000) but not

exceeding fifteen thousand euro (€15,000) for other

offences not involving the total destruction of a tree;

(iv) on first conviction relating to trees located in

protected areas other than Tree Protection Areas and Tree

Preservation Orders to the following fine (multa) for each

specimen

(a) not less than four thousand euro (€4,000) but

not exceeding twenty five thousand euro (€25,000) for the

total destruction of a tree; or

(b) not less than one thousand two hundred and

fifty euro (€1,250) but not exceeding ten thousand euro

(€10,000) for other offences not involving the total

destruction of a tree;

(v) on first conviction relating to trees of more than fifty

(50) years old and located within an Urban Conservation Area

(UCA) to the following fine (multa) for each specimen

(a) not less than one thousand five hundred euro

(€1,500) but not exceeding twenty five thousand euro

(€25,000) for the total destruction of a tree; or

(b) not less than five hundred euro (€500) but not

exceeding two thousand five hundred euro (€2,500) for

other offences not involving the total destruction of a tree;

(vi) on first conviction relating to trees of more than 50

years old, or which are listed in Table 2 of Part A of the First

Schedule, and located in ODZ to the following fine (multa) for

each specimen

(a) not less than one thousand five hundred euro

(€1,500) but not exceeding twenty five thousand euro

(€25,000) for the total destruction of a tree; or

(b) not less than five hundred euro (€500) but not

exceeding two thousand five hundred euro (€2,500) for

other offences not involving the total destruction of a tree;

(vii) on first conviction relating to trees of more than 50

years old, or which are listed in Table 2 of Part A of the First

Schedule, and located in green areas, natural or rural/green

enclaves in Urban Area (development zone), or in urban public

open spaces to the following fine (multa) for each specimen

(a) not less than one thousand, two hundred and

fifty euro (€1,250) but not exceeding twenty thousand euro

(€20,000) for the total destruction of a tree; or

(b) not less than four hundred euro (€400) but not

exceeding two thousand euro (€2,000) for other offences

not involving the total destruction of a tree;

(viii) on first conviction relating to offences against Part III

or regulation 18 to a fine (multa) of not less than two hundred

and fifty euro (€250) and not exceeding two thousand and five

hundred euro (€2,500) for each specimen;

(ix) on second or subsequent offences, the penalties

indicated in the preceding paragraphs are to be increased by 25%

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

such fines and imprisonment;

(x) on first conviction relating to offences against

regulation 19(2) an additional fine (multa) of one hundred (€100)

euro per specimen affected, and a fine (multa) of six hundred

euro (€600) per specimen in case of a second or subsequent

offence.

€2.88

Trees, woodlands and sites indicated in the First Schedule Protected Trees

and Woodlands.

are protected.

Tree Protection Areas shall be based on criteria which Criteria for

selection of

include

important sites.

(a)

Maltese characteristic woodland communities;

(b)

trees or woodland communities which are rare,

threatened, endangered or that have a reduced or restricted

distribution in Malta;

(c) trees and woodland habitats critical to the survival,

reproduction and recovery of endangered, threatened,

vulnerable, endemic or otherwise important flora and fauna

species;

(d) trees or woodland communities of scientific,

ecological, aesthetic, historical, cultural, arboricultural,

silvicultural, agricultural, educational or landscape interest;

(e)

prominent landmark trees;

(f) historical trees listed in the List of Historical Trees

having an Antiquarian Importance Order; or

(g) ex-situ live collections of rare, threatened or

endangered specimens

Provided that the Authority may establish an

important site for any other specimen which merits protection

Provided further that for the terms of this regulation

trees can mean a single specimen.

(1) Any site selected by the Authority in line with the

criteria established in regulation 6 may be designated as a Tree

Protection Area.

(2) Upon identification of a site as a Tree Protection Area, the

Implementation.

Authority shall publish the details of the site with boundaries clearly

delineated on a map, in the Gazette and on the Authority’s website.

Such designated areas shall be protected in terms of the Act and shall

be subject to any provisions the Authority deems fit.

(3) The Authority may prepare or delegate the preparation of

Protected Areas.

guidance documents to secure the effective protection and

conservation of such site.

(4) A protected area shall remain protected notwithstanding

any deliberate or accidental cause whereby a protected area or its

surroundings, or tree or part thereof, is destroyed, damaged or killed,

unless otherwise published by the Authority.

(5) Without prejudice to the Flora, Fauna and Natural Habitats

Protection Regulations, any designated Tree Protection Area shall also

form part of the National Ecological Network.

(6) The Authority shall notify any one of the owners of any site Notification to

designated as a Tree Protection Area of its inclusion in the list in line owners.

with article 86 of the Act.

The protected areas established by virtue of regulation 7 Registered

shall be registered in an index held for that purpose on the Authority’s Index.

website.

PART III

TREES DETRIMENTAL TO BIODIVERSITY

OR TO THE NATURAL ENVIRONMENT

(1) Trees listed in the Second Schedule are deemed to be Detrimental

Trees.

detrimental to the natural environment.

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

transport, sell, exchange or donate any specimen of species listed in

the Second Schedule unless duly permitted.

(1) The competent authority may, within such time as it Removal

determines, order any owner or occupier of a site in which any tree Orders.

listed in the Second Schedule is sited to remove, uproot, kill or destroy

any such tree, where such removal would, in the authority’s opinion,

constitute an environmental improvement.

(2) The Authority may request or issue a works method

statement to ensure that an order issued under sub-regulation (1) is

executed with minimal damage to biodiversity, to any building or

structure worthy of retention or to the surrounding environment.

(3) The Authority may implement the required intervention, in

part or in full, as it deems most appropriate, at the expense of the

person who fails to comply with an order issued under sub-regulation

(1).

(4) If the owner or occupier of the site where such tree is

located is unknown, the Authority may publish the order in the Gazette

and may implement the required intervention at its own expense after

ninety (90) days from the publication of the order, without prejudice to

its right to reclaim any expenses due in terms of sub-regulation (3)

once such person is identified

Provided that, in instances which require immediate action,

the Authority may implement the required intervention, in part or in

full as it deems most appropriate, without prejudice to its right to

reclaim any expenses incurred once such person is identified.

(1) The Authority may implement, finance or

commission projects or programmes on a national level or localised

level for the eradication, control, removal or relocation of

(a)

one or more species listed in the Second Schedule; or

(b) any other trees adversely affecting their surrounding

environment.

(2) The Authority may also seek or require the participation or

collaboration of other persons or institutions as it deems reasonable or

necessary to this effect. Such projects and programmes shall duly take

into account the wider environmental considerations pertinent to the

sites in question, and may also include additional measures for the

prevention, remediation, mitigation or containment of the adverse

environmental effects associated with such trees.

(3) Without prejudice to the powers and obligations vested in

the Director responsible for Plant Health, the Authority may stop or

restrict the transportation, importation, possession, discarding or

disposal of trees which in its opinion may endanger the biological

diversity of trees or woodlands in Malta, or may be detrimental in any

way to the environment.

The provisions of Part III shall be applicable to the trees

listed in the Second Schedule at all stages of their growth.

PART IV

REGULATION OF ACTIVITIES

No person shall carry out or permit to carry out any activity

which in the opinion of the Authority may be damaging to any

specimen covered under the First Schedule unless permitted by the

Authority.

No person shall, except with the prior permission of the

Authority, fell, cut, remove the bark or leaves of, uproot, remove

timber from, hard prune, poison, burn, affix anything to, pierce, saw or

in any way destroy, kill, mutilate, destabilise or significantly damage,

any tree, or part thereof if the specimen is listed in the First Schedule.

(1) The provisions of regulation 14 shall not apply to the

pruning of horticulturally-grown trees for the purpose of

(a) reviving already diseased or damaged trees, or

preventing their further deterioration or improving their health;

(b) preserving their strength, enhancing their overall

health, removing water sprouts or suckers, grafting, improving

their fruit productivity or avoiding likely injury to persons or

likely damage to property; or

(c) controlling growth for the purpose of avoiding the

entry of mice or rats within a building

Provided that any branch or offshoot to be pruned

must lie within not more than one and a half metres (1.5m) from

such building and as long as the pruning does not affect the main

trunk of the tree

Provided that the actions are carried out in line with

good practice, at the appropriate time of the year and as long as

all necessary measures and precautions are taken to minimise

any adverse effects

Provided further that such intervention does not

mutilate, deform, destabilise, kill, weaken or otherwise

significantly affect the tree.

(2) The provisions of sub-regulation (1) do not apply to trees which

fall under Table 1 of Part A of the First Schedule and the trees falling under

the List of Historical Trees having an Antiquarian Importance Order.

(3) In any event of doubt, disagreement, claim or contestation

as to whether an action meets the criteria or requirements of

sub-regulation (1) the onus lies with the person or entity carrying out

or intending to carry out the action.

(4) Notwithstanding the provisions of sub-regulations (1), (2)

and (3), if the Authority is of the opinion that the works may have

unreasonable, unavoidable or unacceptable environmental impacts, or

has reasonable doubts as to whether the criteria set out in

sub-regulation (1) are duly satisfied, it may still intervene to

(a)

prevent, restrict or stop works;

(b)

impose limitations, specifications, or conditions as

relevant;

(c) request further information, clarifications or evidence

about the situation;

(d) request clarifications

about,

or

amend,

the

methodologies to be used;

(e) require that the works be submitted for prior

authorisation by the Authority, without prejudice to its eventual

decision;

(f) impose any remedial measures to prevent, limit,

mitigate, reverse or offset any damage inflicted by works which

are in progress or which have already been carried out; or

(g)

adopt a combination of the above-listed actions.

(5) The provisions of regulation 14 shall not apply to activities

related to pruning, cutting, felling, treatment and, or destruction of any

tree that harbours quarantine pests and diseases as listed in Schedules I

and II of the Plant Quarantine (Harmful Organisms) Regulations, after

written approval by the Director responsible for plant health

Provided that the tree does not fall under Table 1 of Part A

of the First Schedule.

(6) The provisions of regulation 14 shall not apply to pruning

of trees planted in gardens of private dwellings in urban areas, but

excludes trees in protected area.

(1) No person shall dump, throw, pour, place, bury in the

ground or deposit

(a) any biocide, defoliant, acid, alkali, saline water, or

any poisonous, corrosive or growth-inhibiting chemical

substance;

(b)

any tyre, rubber or polystyrene;

(c)

any fuel, or other combustible or explosive material;

or

(d)

refuse or other waste, rubble or scrap,

near any protected tree or any protected area unless the activity is

duly authorised

Provided that the Authority may authorise the use of

substances prohibited by paragraph (a) or any other treatment for

weeding or surgical interventions which in its opinion may be

reasonably required.

(2) The prohibition in sub-regulation (1) shall not apply to the

use of substances for the treatment of trees for the purpose of

preserving their strength, improving their overall health, improving

their fruit productivity or preventing their deterioration

Provided that the Authority may prohibit such use,

irrigation or treatment if it is of the opinion that the conservation of the

specimen in question would be in conflict with the conservation of the

trees, woodland, the ecosystem or with any relevant management plan.

(1)

No person shall

Fire.

(a)

set fire to any protected tree;

(b)

generate a fire within a Tree Protection Area;

(c) generate a fire near any tree covered in the First

Schedule; or

(d) let off fireworks within twenty (20) metres from a

tree covered by the First Schedule.

(2) The prohibitions set out in sub-regulation (1) shall not

apply to

(a) a fire directly connected with or necessary for the

management of a protected area, with the prior approval of, or

upon request by, the Authority; or

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

dwelling.

Without prejudice to any related environment regulations, Trading in

no person shall sell, trade in, or otherwise commercially exploit, any products

derived from

products derived from activities prohibited by these regulations, prohibited

activities.

except with the prior written authorisation of the Authority.

(1) The Authority may establish, publish, and from time Register of

to time update, a Register of Licensed Tree Specialists, hereinafter Licensed

Specialists.

referred to as "the Register", and may delegate such function to any

public entity or committee.

(2)

No person shall carry out interventions on

(a) trees of historic or antiquarian importance as S.L. 445.02.

indicated in List of Historical Trees having an Antiquarian

Importance Order;

(b)

trees protected under regulation 7;

(c)

trees protected by a Tree Preservation Order; or

(d)

trees in urban public open spaces,

unless duly licensed in line with these regulations

Provided that for the interventions mentioned in paragraph

(b) registered farmers may be allowed to prune trees on their property

as long as the tree is not significantly impacted by such interventions.

(3) To be a Licensed Tree Specialist, applicants shall be in

possession of

(a) the minimum requirements established by the

licensing authority; and

(b) a clean track record in relation to interventions falling

within the scope of these regulations.

(4) Applicants for a Licensed Tree Specialist shall apply in the

manner prescribed by the licensing authority, and shall provide all the

information requested by the licensing authority together with a

registration fee as established in the Third Schedule. The licensing

authority shall not process any application if this is not accompanied

by the required submissions and fees.

(5) The licensing authority shall inform the applicant in writing

with its decision to grant or refuse the license. If the application for

license is refused, the licensing authority shall give detailed reasons

for its decision.

(6) The license of a Tree Specialist issued to eligible persons

shall be valid for three years but may be renewed by the licensing

authority after a request for renewal is made and which is accompanied

by the relevant renewal fee, and provided that the provisions of these

regulations have not been contravened by the applicant.

(7) The granting of such a licence shall apply without prejudice

to any additional legal obligation that may be relevant.

(8) The Authority may revoke the licence of a Tree Specialist if

a person fails to abide with the conditions imposed with the granting of

such licence or if he contravenes any provision of these regulations.

PART V

PERMITS

(1) Any intervention on any tree listed under the First

Schedule requires a prior permit from the competent authority

Provided that the Director responsible for plant health shall

not require a permit to carry out interventions related to phytosanitary

purposes except for specimens falling under Table 1 of Part A of the

First Schedule.

(2) In deciding whether to issue such permits, the Authority

shall consider the impacts, implications, risks and benefits on

(a)

the existing trees or woodland per se;

(b) the species, habitats, ecosystems associated with the

trees, as may be relevant;

(c) the structural integrity of buildings, structures,

infrastructure, or natural physical features located in the vicinity

and meriting retention;

(d) the landscape, general character, and environmental

characteristics of the site and its surroundings;

(e) the integrity of any protected area, and the continued

effectiveness of any protection, as may be relevant; and

(f) any other material considerations as deemed relevant

by the Authority.

(3) The Authority shall not issue a permit if it is of the opinion

that the activity is not sufficiently justified or that the adverse impacts,

implications or risks of the activity outweigh any possible benefits.

(4) The Authority may issue a permit prior to the carrying out

of any activity regulated by these regulations

Provided that the Authority may not issue such a permit if,

after considering the proposed activity, it is of the opinion that the

activity is unjustified or that adverse impacts of the activity outweigh

any possible benefits.

(1) A person shall submit an application to the Authority Application in

in writing at least three weeks prior to the carrying out of the activity. writing.

(2)

The application shall

(a) be accompanied by the relevant documents and any

other requisite information as specified and required by the

Authority, including but not limited to, a site plan showing the

positions of all the affected trees, and photographs of the affected

trees to facilitate their identification;

(b)

declare whether the application falls under any one of

the criteria listed under sub-regulation (2) of regulation 20;

(c)

be submitted as directed by the Authority; and

(d) be accompanied by a permitting fee as prescribed in

the Third Schedule.

(3) The Authority may also request an independent assessment

of the risks, impacts and implications on the environment of the area,

be it natural or urban. Such assessment shall be financed by the

applicant.

(4) The Authority shall process the application for a permit

without undue delay.

(1) The Authority may impose any conditions it deems

appropriate in such permits.

(2) The period of validity of the permit shall be clearly

indicated in the permit.

(3) In the event that the Authority refuses the application for a

permit, the authority shall inform the applicant of the reasons for such

refusal.

(4) The Authority may vary, revoke or suspend any permit or

other authorisation granted under these regulations, and may order that

the tree or site affected by the permitted activity be remedied to the

condition that preceded the permit, giving reasons for its decision. In

such instances, the following terms shall apply

(a) in the case of a permit or authorisation issued on the

basis of incorrect, incomplete, misleading or fraudulent

information contained in the relevant permit application or in

any other submitted documentation having a material influence

on the permitting decision, the Authority shall not be liable to

any claims for damages, whereas the applicant shall be liable for

the full expenses of restoration and for the remediation of any

damage and adverse effects arising from the activity or from

works carried out and may also be subjected to any applicable

penalties;

(b) in the case of a permit or authorisation, already

issued, where there is no such responsibility or fault on the part

of the applicant, the applicant shall be entitled to any reasonable

claims for the recovery of material costs and remediation of any

physical damage consequent to the Authority’s decision.

(5) The Authority may not issue or renew a permit if the

applicant has defaulted on any of the terms, conditions, obligations,

approved specifications or limitations of any other permit, licence,

approval or authorisation issued by the Authority in relation to the site

in question or otherwise affecting it, whether under these regulations

or not.

(6) A permit granted under these regulations shall not

exonerate the applicant from also obtaining all other permits, licences,

approvals and authorisations that may be required by law, including

consent from owners or from third parties wherever relevant, and a

permit shall not be construed as an in-principle commitment or

agreement toward the issuing of any permit, licence, approval,

consent, authorisation or concession that is beyond the scope of these

regulations, and vice-versa.

(7) A permit granted under these regulations shall not be

construed as an approval or sanctioning of any other intervention that

is beyond the scope of these regulations, even where shown, omitted or

implied in any submitted document or in any approved document

appended to the permit or linked thereto in any other way.

(1) Without prejudice to regulations 20, 21, and 22, the Preventive,

Authority may apply one or more of the following measures, to avoid, mitigatory

compensatory

mitigate or offset the adverse impacts of an activity or intervention by: measures.

(a) limitation of the activity or intervention such that the

existing trees or their habitat, or both, can be retained alive in

situ with least adverse impact thereon;

(b)

ordering transplantation within the same site;

(c)

ordering transplantation to a different location;

(d) ordering compensatory planting within the same site

or in another location, or both;

(e)

ordering contribution to the Environment Fund; or

(f) ordering compensation

through

an

alternative

environmental benefit

Provided that the Authority may also stipulate the

period within which the measures are to be implemented to its

satisfaction.

(2) The Authority may also require the provision of a suitable

financial guarantee to be made in favour of the competent authority to

secure the obligations under the permit. The financial guarantee may

also be tied to specific requirements in the permit.

(1) Without prejudice to any other obligation and

condition laid down by the Authority, a permit holder of a bona fide

scientific or educational studies permit shall submit to the Authority

the following within a month from the expiry of the permit

(a)

a detailed report of the activities undertaken;

(b) the aim of the study, 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

Authority in the permit.

(2) A copy of the published results and other publications, if

any, relevant to this permit shall reach the Authority within three (3)

months from the date of publication.

The Director may, in cases of emergency or grave danger,

issue an emergency permit for the carrying out of any activity

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

directives, terms and conditions, and decisions as he deems

appropriate.

Details of the applications submitted for a permit under

these regulations, and of the decision taken thereupon, shall be

recorded in an electronic register available for public inspection. The

records shall identify, as relevant

(a)

the site;

(b)

the nature and extent of the proposal;

(c)

the applicant; and

(d) the decision taken to approve, partly approve, refuse

or invalidate the application.

During the execution of a permitted activity or operation,

any person who is on site in connection with such activity or operation

shall be in possession of a copy of the permit. This permit shall be

shown upon request to any officer of the Authority and any duly

authorised law enforcement official. The Authority may also require

that the permit is affixed in a prominent position on site, easily visible

to, and readable by, the public, or in any other location as may be

reasonably specified by the Authority.

PART VI

COMPLIANCE AND ENFORCEMENT

The Authority may impose an administrative fine in line

with articles 80 and 81 of the Act upon any person who infringes any

provision of these regulations or who fails to comply with any

directive or decision given by the Authority in ensuring compliance

with these regulations.

Part VII

PENALTIES

(1) Any person who, willfully or through imprudence, Penalties.

negligence or incompetence

(a) fails to comply with any provision of these

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

provision of these regulations;

(b) contravenes any restriction, prohibition, order or

requirement arising from these regulations, or imposed by the

Authority in accordance with these regulations;

(c) acts in contravention of any provisions of these

regulations;

(d) conspires with, aids, abets, counsels, instigates,

procures or knowingly allows any other person to contravene or

fail to comply with the provisions of these regulations or of any

restriction, order, prohibition or requirement imposed by or

under these regulations; or

(e) attempts to do any of those indicated in paragraphs

(a) to (d) hereof,

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 on the conviction to

the penalties as indicated in the Fourth Schedule.

(3) The Court shall also order the offender to pay for any

direct, indirect or consequential damage caused, in particular

(a) the full expenses incurred for remedying to the

Authority’s satisfaction the damage caused to the site, or to the

status of the tree species, or to both, as relevant; and

(b) any other expense incurred for any other measure

required to remedy the damage and the infringement, or to

mitigate, contain or prevent more widespread impact.

(4) The Court shall also order the offender to remove the

causes of the offence and to undo anything which was done without a

permit, within a time fixed by the Court sufficient for the purpose but

which does not exceed three (3) months from the date of judgment. 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 more than one hundred

and fifty euro (€150), for every day that the default continues after the

expiration of the said time, as the Court may fix.

(5) The provisions of article 23 and 30(1) of the Criminal Code

shall, mutatis mutandis, apply to proceedings in respect of offences

against these regulations, however the disqualification from holding or

obtaining a license, permit, authorisation or clearance shall in no case

be for less than one year.

(6) Without prejudice to the other provisions of this regulation,

the provisions of this regulation shall also apply in cases of negligence

and voluntary damage by means of a vehicle.

Part VIII

MISCELLANEOUS

In case of conflict between the scientific name and the

common name of any specimen, the scientific name shall prevail.