Reclamation of Land Regulations, 2019

L.N. 83 of 2019

ENVIRONMENT PROTECTION ACT

(CAP. 549)

DEVELOPMENT PLANNING ACT

(CAP. 552)

Action on Illegal Deposit of Material on Land and Illegal

Reclamation of Land Regulations, 2019

IN EXERCISE of the powers conferred by virtue of the powers

conferred by article 85 of the Development Planning Act, and by

virtue of the powers conferred by articles 54 and 55 of the

Environment Protection Act, the Parliamentary Secretary for Planning

and the Property Market, with the concurrence of the Minister for

Sustainable Development, the Environment and Climate Change, and

in consultation with the Planning Authority and the Environment and

Resources Authority, has made the following regulations:-

The title of these regulations is the Action on Illegal

Deposit of Material on Land and Illegal Reclamation of Land

Regulations, 2019.

(1)

In these regulations, unless the context otherwise

requires

"afforestation" means the planting of trees or vegetation on non-

forested land;

"the Act" means the Development Planning Act or the

Environment Protection Act as the context may require;

"the Authority" shall have the same meaning as that assigned to it

by the Act;

"contravener" means any person who has been notified with an

enforcement notice which has been rendered executable, or a stop and

compliance order, where such enforcement notice or order relates to

the illegalities specified in regulation 3;

"inert waste" shall have the same meaning as that assigned to it in

the Waste Regulations;

"invasive alien species" shall have the same meaning as that

assigned to it in the Flora, Fauna and Natural Habitats Protection

Regulations;

"protected area" means any area protected through the

Environment Protection Act, or scheduled for ecological and scientific Cap. 549.

reasons under the Development Planning Act.

(2) In these regulations, words and expressions defined in the

Act shall have the same meaning as assigned to them in the Act.

These regulations shall apply to any land subject to Illegalities

enforcement action, issued prior or after the entry into force of the Act subject

regulations.

or prior or after the entry into force of these regulations, which

enforcement action relates to any illegality which constitutes, or refers

(a) land rendered derelict to the extent of constituting an

injury to amenity, provided that such illegality appears on the

Authority’s aerial photographs of the year 2012 but does not

appear on the Authority’s aerial photographs of the year 1994; or

(b) the illegal deposit, dumping or tipping of any material

on any land, provided that such illegality appears on the

Authority’s aerial photographs of the year 2012 but does not

appear on the Authority’s aerial photographs of the year 1994; or

(c) the illegal reclamation of any land, provided that such

illegality appears on the Authority’s aerial photographs of the

year 2012 but does not appear on the Authority’s aerial

photographs of the year 1994. Where the illegal reclamation of

land appears on the Authority’s aerial photographs of the year

1994 and the Authority’s aerial photographs of year 2012

confirm that further illegal reclamation of land took place after

the year 1994, the Authority shall have the right to execute the

necessary action in terms of these regulations both in relation to

the illegal reclamation of land which appears on the aerial

photographs of the year 1994 as well as any illegal reclamation

of land which took place subsequent to that year and which

appears on Authority’s aerial photographs of year 2012.

Land subject to enforcement action relating to any illegality Guidelines for

specified in regulation 3 shall be regenerated either by being restored restoration

afforestation .

to its original state or afforested. The Environment and Resources

Authority shall identify the most suitable regeneration method for land

subject to enforcement action as specified in regulation 3, and where

the site is of cultural value it shall consult the Superintendence for

Cultural Heritage.

(1) The Authority shall order the contravener to prepare a Method

method statement, according to the terms of reference in the Schedule, statement

procedure.

for the restoration of the land to its original state, or afforestation as

relevant, to the satisfaction of the Environment and Resources

Authority, and where the site is of cultural value, to the satisfaction of

the Superintendence of Cultural Heritage. The Environment and

Resources Authority and the Superintendence of Cultural Heritage

shall have the right to request the method statement to address other

issues over and above those defined in the Schedule.

(2) The Authority shall duly notify the contravener, in terms of

the Act, of the requirement to submit a method statement in terms of

sub-regulation (1). The Authority’s notification shall specify the

requirements and the terms of reference for the proposed method

statement, which shall also include those as requested by the

Environment and Resources Authority and the Superintendence of

Cultural Heritage, and the time-frame within which such method

statement is to be submitted by the contravener to the Authority.

(3) A method statement submitted in terms of sub-regulation

(2) shall be endorsed by the Environment and Resources Authority and

where applicable the Superintendence of Cultural Heritage

Provided that the same method statement fully addresses all

the requirements laid down in the terms of reference notified to the

contravener in accordance with sub-regulation (2). In its endorsement,

and without prejudice to any other legislation, the Authority may

impose any additional requirements or conditions it may deem fit to

impose.

(4) The contravener shall be duly notified in terms of the Act

of the endorsed method statement. The date of notification of the

endorsed method statement shall be deemed to constitute the date upon

which the works specified in the same method statement are to

commence.

(1)

In those cases where the contravener:-

(a) fails to submit the method statement within the time-

period imposed by the Authority in accordance with regulation

5(2) and consequently the same method statement is prepared by

the Authority; or

(b) submits a method statement which is not to the

satisfaction of the Environment and Resources Authority and,

where applicable, the Superintendence of Cultural Heritage; or

(c) fails to execute the necessary works authorised by the

Authority in the endorsed method statement or fails to complete

such works within the time-frame imposed in the endorsed

method statement; or

(d) executes works in a manner which is not in

accordance with the terms and conditions of the endorsed

method statement,

the Authority, without prejudice to other legislation, shall have

the right to exercise all powers conferred to it by the Act so as to

enter the land in question and execute all the works necessary in

order to implement the method statement to the satisfaction of

the Environment and Resources Authority and the

Superintendence of Cultural Heritage.

(2) In cases where the land subject to enforcement action refers

to an unknown owner and occupier or land which is Government

property and subject to enforcement action which refers to an

unknown occupier, the Authority shall be responsible to prepare the

appropriate method statement and shall have the same powers

conferred to it in terms of sub-regulation (1).

(3) The Authority shall supervise the work and certify

compliance in relation to the works carried out.

(4) The Authority may, without prejudice to any other

legislation, also impose an administrative fine on the contravener,

which fine shall be calculated on the basis of the estimated expenses

for the maintenance of the land for the first five (5) years by the

Authority in terms of sub-regulation (1).

(5) The costs imposed upon the contravener in instances of Costs.

non-compliance with these regulations shall include all expenses

incurred by the Authority

(a)

planning;

(b)

procurement;

(c)

ground preparation;

(d)

uprooting of alien species, if any;

(e)

planting;

(f)

irrigation;

(g)

weeding;

(h)

beating up;

(i)

staking of trees; and

(j) any other operation necessary

for

the

successful

implementation of the method statement.

(1) Where a site is afforested and the afforestation is not

suitably maintained, or else material is deposited illegally on any land

after the entry into force of these regulations, the Authority shall notify

the Government of any such breach and the Government may proceed

(a) terminate the occupancy agreement to which the land

is subject, if the land in question is a Government owned land; or

(b) expropriate the land, if the land in question is a

privately owned land; and this in order to ensure that the relative

afforested land is suitably maintained and, or the relative land is

protected from further illegal deposit of material.

(2) Following action taken under sub-regulation (1) the

Minister responsible for the environment may enter into a

guardianship deed in line with the Environment Protection Act.

Schedule

Outline Requirements and Terms of Reference

for the Method Statement

1. Outline Requirements

Use of Trees and other vegetation

(a)

Trees and vegetation used for the rehabilitation shall

be indigenous species which are native to the area/

site concerned and compatible and appropriate to the

adjacent habitats. The method statement shall

indicate the species, in Latin, Maltese and English

names; the number; and the approximate location of

the relative trees and/or vegetation.

(b)

The choice of species shall be guided by the policy

document "Guidelines on Trees, Shrubs and Plants

for Planting and Landscaping in the Maltese Islands"

of the year 2002 as amended, and the "Guidelines on

managing non-native plant invaders and restoring

native plant communities in terrestrial settings in the

Maltese Islands (MEPA, 2011)", as amended or any

other related approved document. If any alien

invasive species are already growing on site, these

must be uprooted and destroyed as part of the

rehabilitation procedures. Such works are to be

undertaken in a manner to prevent further damage to

the environment and reduce the possibility of re-

sprouting of invasive alien species.

2. Terms of Reference

The method statement is required to identify how the

interventions to re-instate a site should be carried out with the

least possible damage on the site and its surroundings. The likely

environmental impacts of the interventions and mitigation

measures should be included in the method statement. The

method statement shall include the following basic information

in addition to other specific site re-instatement and ecological

requirements as determined by the Environment and Resources

Authority on a case-by-case basis

Organization and responsibilities

Proposed project management arrangements during all phases of

the development are to be presented in the document, which

should include the following

(a)

the description of the timing of the works defining

the expected duration of the whole project, including

start date and end date, and for each respective phase;

(b)

an identification and contact details of the site

manager (as approved by the Environment and

Resources Authority) that shall be responsible for

overseeing the completion of works in accordance

with the method statement on behalf of the

responsible party;

(c)

a description of how the progress of works will be

monitored and recorded, e.g.: photographic means

(before, during and after). After the completion of

works, a copy of the photographs shall be submitted

to the Environment and Resources Authority for

record-keeping purposes; and

(d)

a description of the maintenance of the trees and

vegetation planted on site covering a period of five

years, including any maintenance agreements entered

into by the person/entity carrying out the

afforestation. This shall consider appropriate

watering, pruning, de-weeding and any additional

interventions that may be required to ensure

proliferation of the trees and vegetation planted as

part of the afforestation.

Description of site and its surroundings

(a)

a site plan including a clear outline of the extent of

the site boundary and surrounding area(s) which may

be affected;

(b)

details, including maps and drawings, are to be

provided of the site topography, geology and

hydrology, as well as natural habitats/ecology and

other natural features within (or under) the site and

its surrounding area of influence;

(c)

details of any other trees, vegetation or natural or

other feature to be affected by the proposed works,

such as retaining walls, topography and other

relevant site characteristics; and

(d)

a description of the material currently or historically

dumped or deposited on site or spilling over from it,

including details of any likely pollution or

contamination on, under or around the site, as a direct

or indirect result of such dumping, deposition or

spillage.

Description of works

(a)

a site plan indicating the location of the material,

interventions and/or illegalities to be removed;

(b)

a description of the nature of the material,

interventions and/or illegalities to be removed;

(c)

a description of the interventions that are required to

remedy environmental damage and to re-instate/

rehabilitate the site in particular, but not solely

limited to the following, as may be relevant

(i)

plans, elevations and sections detailing the

proposed operations/works to be undertaken

and any other interventions (if relevant);

(ii)

a list of machinery (including vehicles) and/or

tools to be deployed and for each machinery/

tool the intended use;

(iii)

a description of how the site is going to be

accessed (including travel routes to and form

the site, and/or within the site) and how any

machinery and/or tools shall be brought on site

and subsequently removed - both for

demolition and carting away of material;

(iv)

a site plan indicating where machinery

(including vehicles), equipment and /or tools

shall be kept once works are in progress;

(v)

a site plan indicating which areas shall be

cordoned off before, during or after the

required works and for which purpose;

(vi)

a description of the type of hoarding to be

employed for cordoned off areas;

(vii)

a description of how the offending material is

to be removed from site and the location of its

final disposal and/or other recovery

operations. In the case of temporary storage

and/or deposition of the offending material

prior to its removal, a site plan indicating

which area shall be utilised for such purpose is

to be provided;

(viii) a list of mitigation measures to ensure that no

spillage of material due to agents such as

wind, runoff, wave action, subsidence or

collapse, anthropogenic factors, or a

combination of the foregoing factors occurs

during any phase of the project;

(ix)

an indication of any species to be planted in

connection with the works, also taking into

account the habitat previously existing on site

prior to the illegal reclamation or degradation

as well as the surrounding natural habitats;

(x)

any mitigation measures deployed to contain

as much as possible any murkying, silting,

smothering, scouring and pollution of any

features, habitats and water bodies (terrestrial,

underground or marine)

located

further

downslope or downstream;

(xii)

a list of mitigation measures to ensure that no

deleterious impacts to the natural and physical

environment occurs during any phase of the

project, in particular to ensure that no

trampling, disturbance, mechanical damage

and/or spillages or leakages of fuels, oils or

other substances occur;

(xiii) any additional measures (e.g. finishing works)

that will be undertaken to restore the site as

much as possible to a pristine natural

condition;

(xiv) clarification of any additional conditions

required to ensure recovery of the site

environment and/or to prevent deterioration or

degradation of the site and its surrounding

environment both during and after the works;

(xv)

an undertaking by the contravener to notify the

Authority at least three weeks in advance of

any changes in the work schedule in the

approved method statement;

(xvi) an undertaking by the contravener not to carry

out any works unless under the supervision of

officials from the Authority or other persons

acting under the Authority’s instructions;

(xvii) identification of which parts of the proposed

works or interventions require prior

authorisation from the Environment and

Resources Authority under the respective

environmental regulations;

(xviii) a contingency plan to prevent accidental risks

of environmental damage from the proposed

works or interventions.

€0.81