Daily Penalties (Environment) (Amendment) Regulations, 2022

L.N. 362 of 2022

ENIRONMENT PROTECTION ACT

(CAP. 549)

Daily Penalties (Environment) (Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister responsible for the

environment, after consultation with the Environment and Resources

Authority, has made the following regulations:-

The title of these regulations is the Daily Penalties

(Environment) (Amendment) Regulations, 2022 and these regulations

shall be read and construed as one with the Daily Penalties

(Environment) Regulations, hereinafter referred to as "the principal

regulations".

Ġranet suċċessivi wara d-data tan-notifika

0 - 15

16 - 50

51 - 180

181 - 365

-il

-il

-il

-il

-il

ġurnata

ġurnata

ġurnata

ġurnata

ġurnata +

Attività mingħajr

xejn

€15 kull

€35 kull

€75 kull

€150 kull

ġurnata

ġurnata

ġurnata

ġurnata

Attività mingħajr

xejn

€20 kull

€40 kull

€80 kull

€160 kull

permess f’sit protett

ġurnata

ġurnata

ġurnata

ġurnata

Ksur ta’ permessi/

xejn

€10 kull

€20 kull

€30 kull

€50 kull

kundizzjoni għar-

ġurnata

ġurnata

ġurnata

ġurnata

reġistrazzjoni/

kwalunkwe

dispożizzjoni oħra

taħt kwalunkwe

regolamenti

magħmula taħt l-Att

xejn

€5 kull

€10 kull

€30 kull

€50 kull

sottomissjoni ta'

ġurnata

ġurnata

ġurnata

ġurnata".

rapporti /data lill-

Kompetenti

Regulation 1 of the principal regulations shall be

substituted by the following new regulation

"1. The title of these regulations is the Daily Fines

(Environment) Regulations.".

In the principal regulations, the word "notice", wherever it

occurs, provided that such word is not part of the phrase "send formal

written notice", shall be substituted by the word "order".

In regulation 2 of the principal regulations, immediately

after the definition "day" there shall be added the following new

definition

" "order" means an order issued by the Authority in terms

of the Act;".

Regulation 3 of the principal regulations shall be amended

as follows

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) Where the Authority issues an order in writing

to a person in accordance with articles 76 and 78 of the

Act in relation to an infringement carried out under the

Schedule after the date of coming into force of these

regulations, it shall also notify such person that he shall

be liable to

(a) administrative penalty of one hundred

euro (€100); and

(b) a daily fine after fifteen (15) days from

the date of notification of the order as established

and set out in accordance with the Schedule."; and

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) This fine shall be levied without prejudice to

any other fine or other amount payable to the Authority in

accordance with the provisions of the Act and shall be

subject to a maximum fine of seventy-five thousand euro

(€75,000)

Provided that if a fine falls due following the

approval by the Authority of a permit covering the

offence in respect of which an order has been issued, only

the accumulated daily fine or the regularisation fine,

whichever is the higher, shall be imposed

Provided further that if the existing offence

remains uncovered by a regularisation environmental

permit, the daily fine shall continue to accrue on the

unregularised offence subject to the maximum fine of

seventy-five thousand euro (€75,000).".

Regulation 4 of the principal regulations shall be Substitutes

substituted by the following new regulation

4. Where a person is subject to separate daily

fines for different offences related to the same activity or

site, which fall under any part of the Schedule, the daily

fines shall accrue separately and continue to run until the

respective offence is addressed to the Authority’s

satisfaction. Illegalities in breach of existing orders shall

be considered individually and additionally.".

Regulation 5 of the principal regulations shall be Substitutes

substituted by the following new regulation

5. (1) Where the order has been appealed

against in accordance with the provisions of article 76(9)

of the Act, and the Order has been confirmed by the

Tribunal or the Court of Appeal, as the case may be, the

fine shall be due from such person with effect from the

sixteenth (16) day following the date of first notification

of the order in accordance with the provisions of the Act.

(2) Where the person served with the order

submits an application for regularisation, upon the

determination of such application, the fine due from such

person under these regulations shall be with effect from

the sixteenth (16) day following the date of the first

notification of the order in accordance with the

provisions of the Act.".

Immediately after regulation 5 of the principal regulations

there shall be added the following new regulation

5A. The Environment and Planning Review

Tribunal shall examine petitions submitted to it and it

shall only accede to a petition in part or in whole when

there are compelling reasons for it to do so, such as

(a) humanitarian reasons attenuating the

circumstances relating to the commission of the

scheduled offence; and

(b) when the nature of the order is

manifestly unjust and, or oppressive, and or

manifestly disproportionate considering the nature

and facts of the case.".

In regulation 6 of the principal regulations, the words "pay

the penalty" shall be substituted by the words "pay the fine".

In regulation 7 of the principal regulations, the words

"daily penalty", wherever they occur, shall be substituted by the words

"daily fine".

Regulation 8 of the principal regulations shall be amended

as follows

(a) the marginal note thereof shall be substituted by the

words "Suspension of fines."; and

(b) the words "daily penalty", wherever they occur, shall

be substituted by the words "daily fine".

In regulation 9 of the principal regulations, the words "A

daily penalty shall cease, when the subject matter of the notice giving

reason for the issuance of such penalty," shall be substituted by the

words "A daily fine shall cease, when the subject matter of the order

giving reason for the issuance of such fine,".

Schedule I to the principal regulations shall be substituted Substitutes

Schedule I to

by the following new Schedule

the principal

regulations.

"SCHEDULE

DAILY FINES SCHEDULE

Offence

Running days after notification

0 - 15

16 - 50

51 - 180

181 - 365

366 days

days

days

days

days

+

Activity without

nil

€15 per

€35 per

€75 per

€150 per

permit

day

day

day

day

Activity without

nil

€20 per

€40 per

€80 per

€160 per

permit within

day

day

day

day

protected site

Breach of Permit/

nil

€10 per

€20 per

€30 per

€50 per

Registration

day

day

day

day

condition/Any other

provision under any

Regulations issued

under the Act

Failure to submit

nil

€5 per day

€10 per

€30 per day

€50 per

reports/data to the

day

day".

Competent Authority

Schedule II to the principal regulations shall be deleted.

Deletes

Schedule II to

the principal

regulations.

Any order issued before the coming into force of these Transitory

Regulations shall remain in force provided that the applicable daily provision.

fines shall be those most favourable to the person.

€0.45