XATT IS-SAJJIEDA (SAN {ILJAN LOCAL COUNCIL) BYE-LAWS

XATT IS-SAJJIEDA

(SAN {ILJAN LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.138

XATT IS-SAJJIEDA

(SAN {ILJAN LOCAL COUNCIL) BYE-LAWS

1st August, 2008

LOCAL COUNCIL BYE-LAW 52/2/2008.

The title of these Bye-Laws is the Xatt is-Sajjieda Bye-

Laws.

(Bye-Laws 2, 5.1)

Site plan of Xatt is-Sajjieda, San {iljan, indicating the designated areas

for the placement of fishing boats

XATT IS-SAJJIEDA

(SAN {ILJAN LOCAL COUNCIL)

In these Bye-Laws unless the context otherwise requires -

"the Act" means the Local Government Act;

"the Council" means the San {iljan Local Council;

"designated areas" means those areas designated by the Council

indicated in the shaded area in the site plan in Schedule A;

"locality" means the locality of San {iljan;

"motor vehicle" means any vehicle intended for travel on land

and propelled by mechanical power;

"boats" means any sea vessel not registered as a professional

fishing vessel, Category A - Full time in the Fishing Vessels

Register in terms of the Fishing Vessels Regulations;

"fishing vessel" means any sea vessel, registered as a

professional fishing vessel, Category A - Full time in the Fishing

Vessels Register in terms of the Fishing Vessels Regulations;

"Xatt is-Sajjieda" means the shaded area shown in the site plan

in Schedule B.

(Bye-Law 2)

Site plan of Xatt is-Sajjieda, San {iljan

1 No person shall deposit or leave any boat or fishing vessel,

including any trailer used for the carrying of such boat or vessel or

any other related accessory, in any part of Xatt is-Sajjieda save as

otherwise provided in this Bye-Law.

1 No person shall access Xatt is-Sajjieda by motor vehicles

except for the sole purpose of transporting to and from the

designated areas any fishing vessel permitted by the Council to be

deposited at that place in terms of these Bye-laws or for the sole

purpose of launching in the sea and collecting from the sea, any

boat or fishing vessel whose registered berth is in Spinola Bay or

for the sole purpose of transporting to and from any boathouse that

is sited on Xatt is-Sajjieda any boat or fishing vessel that is kept

inside such boathouse that belongs to the owner or occupant of the

boathouse, in each such case in accordance with such procedure to

be determined by the Council.

4.2 No person shall park or leave any motor-vehicle in any part

of Xatt is-Sajjieda at any time.

1 The Council shall, subject to such terms and conditions as

it may deem appropriate, allow the deposit of fishing vessels

smaller than 12 meters with registered berths in Spinola Bay,

XATT IS-SAJJIEDA

(SAN {ILJAN LOCAL COUNCIL)

within the designated areas as shown in Schedule A subject to

availability of space with absolute preference being given to

traditional wooden hulled fishing vessels (luzzu, firilla, kajjik)

painted in traditional livery.

5.2 The owner of a fishing vessel that qualifies to have his

fishing vessel placed in the designated area in terms of bye-law 5.1

shall first apply to the Council, and the Council shall in the event of

approval of such application, determine the exact location within

the designated area where such fishing vessel is to be placed and it

shall determine the terms and conditions applicable to such

permission.

5.3 In the event that there is available space within the

designated area, after the allocation of space to owners of fishing

v esse ls i n te rm s o f b ye -l aw 5 .1 , t he C ou nc il m a y co nsi d er

a pp l ic a t io n s f or d e p osi t i ng s e a c r a f t i n t h e de s i gn a t e d ar e a

submitted by owners of boats, with registered berths in Spinola

Bay, being vessels registered as professional fishing vessels

Category B - Part-time with the Fishing Vessel Register in terms of

the Fishing Vessels Regulations, with absolute preference being

given to traditional wooden hulled boats (luzzu, firilla, kajjik,

frejgatina) painted in traditional livery; and in the event that after

such consideration, there is further available space within the

designated area, the Council may consider applications for

depositing seacraft in the designated area submitted by owners of

boats, with registered berths in Spinola Bay, being traditional

wooden hulled boats (luzzu, firilla, kajjik, frejgatina).

The owner of a boat, and, or a fishing vessel, and, or a

trailer, and, or a motor vehicle, shall be responsible for ensuring

compliance with these Bye-Laws.

1 Any person who is in breach of any one of the provisions

of these Bye-Laws or of any of the terms and conditions imposed

by the Council in terms of bye-law 5 shall, on conviction, be liable

to a fine ( ammenda ) of sixty-nine euro (€69.00) for such

contravention, and to a further fine (ammenda) of eleven euro and

sixty-five cents (€11.65) for each day during which any of these

provisions of these Bye-Laws is breached.

7.2 The penalties indicated in sub-article 7.1 are without

prejudice to any action by the Council, or other authority to

remove, store or dispose of the encumbering boat, fishing vessel,

trailer, motor vehicle or other accessory thereto, in terms of the

provisions of the Clamping and Removal of Motor Vehicles and

Encumbering Objects Regulations, and without prejudice to any

penalties or fines applicable under any other law or regulation.

XATT IS-SAJJIEDA

(SAN {ILJAN LOCAL COUNCIL)