Areas (Amendment) Regulations, 2023

L.N. 36 of 2023

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Abandonment, Dumping and Disposal of Waste in

Streets and Public Places or

Areas (Amendment) Regulations, 2023

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:-

(1) The title of these regulations is the Abandonment, Citation and

Dumping and Disposal of Waste in Streets and Public Places or Areas commencement.

(Amendment) Regulations, 2023 and these regulations shall be read

and construed as one with the Abandonment, Dumping and Disposal S.L. 549.40.

of Waste in Streets and Public Places or Areas Regulations, hereinafter

referred to as "the principal regulations".

(2) These regulations shall come into force within two (2)

months from their publication in the Gazette.

Immediately after regulation 4A of the principal Adds a new

regulation to the

regulations there shall be added the following new regulation

principal

regulations.

" Mandatory

(1) Every person shall separate recyclable

separation of

waste in accordance with regulation 12A of the Waste

waste.

Regulations.

(2) The enforcement of sub-regulation (1) shall be

carried out in a phased approach as shall be prescribed by

the Minister by means of a Government notice in the

Gazette.".

3. In sub-regulation (1) of regulation 8 of the principal Amends

regulations, the words "a bin approved" shall be substituted by the regulation

the principal

words "such number of bins as approved".

regulations.

4. Regulation 10 of the principal regulations shall be amended Amends

regulation 10 of

as follows

the principal

regulations.

(a) in paragraph (d) of sub-regulation (4) thereof, the

words "not exceeding six thousand euro (€6,000)." shall be

substituted by the words "not exceeding six thousand euro

(€6,000):" and immediately after there shall be added the

following new proviso

"Provided that the minimum fine of four

hundred euro (€400) shall be applicable where the amount

of waste is considered minimal."; and

(b) immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

"(4A) Any person who contravenes regulation 4B

shall be liable on the first contravention to reprimand

and admonition, on the second contravention to a fine

(ammenda) of twenty-five euro (€25) and in case of

subsequent contraventions to a fine (ammenda) of fifty

euro (€50)

Provided that in the case of waste generated

from commercial activities, the contravenor shall be

liable on the first contravention to reprimand and

admonition, on the second contravention to a fine

(ammenda) of seventy-five euro (€75) and in case of

subsequent contraventions to a fine (ammenda) of one

hundred and fifty (€150)

Provided further that in the case of waste

generated from commercial activities, action may be

taken against any person responsible for the enterprise

or engaged by it.".

In sub-regulation (1) of regulation 12 of the principal

regulations, the words "in regulations 4, 5, 6, 7, 8 and 10(3)" shall be

substituted by the words "in regulations 4, 4A, 5, 6, 7, 8 and 10(3)".

In sub-regulation (1) of regulation 15 of the principal

regulations, the words "in regulations 4, 5, 6, 7, 8 and 9" shall be

substituted by the words "in regulations 4, 4A, 4B, 5, 6, 7, 8 and 9".

€0.18