L-ISKALL U D-DAĦLA TAL-IMSIDA (L-IMSIDA LOCAL COUNCIL) BYE-LAWS (l-imsidalocalcouncil)

L-ISKALL U D-DAĦLA TAL-IMSIDA

(L-IMSIDA LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.163

L-ISKALL U D-DAĦLA TAL-IMSIDA

(L-IMSIDA LOCAL COUNCIL) BYE-LAWS

11th November, 2011 *

LOCAL COUNCIL BYE-LAW 41/08/2011.

The title of these Bye-Laws is the L-Iskall u d-Daħla tal-

Imsida (L-Imsida Local Council) Bye-Laws.

Site plan of L-Iskall u d-Daħla tal-Imsida, indicationg the designated area

for the placement of fishing boats

L-ISKALL U D-DAĦLA TAL-IMSIDA

(L-IMSIDA LOCAL COUNCIL)

In these Bye-Laws unless the context otherwise requires -

"the Act" means the Local Government Act;

"the Council" means the L-Imsida 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 L-Imsida;

"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, Categoty 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;

"L-Iskall u d-Daħla tal-Imsida” means the shaded area shown in

the site plan in Schedule B.

Site plan of L-Iskall u d-Daħla tal-Imsida

L-ISKALL U D-DAĦLA TAL-IMSIDA

(L-IMSIDA LOCAL COUNCIL)

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 L-Iskall u d-Daħla tal-

Imsida save as otherwise provided in these Bye-Laws.

1. No persons shall access L-Iskall u d-Daħla tal-Imsida 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 in L-Imsida

creek.

4.2. No person shall park or leave any motorvehicle in any part

of L-Iskall u d-Daħla tal-Imsida 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 L-Imsida creek,

within the designated areas as shown in Schedule A subject to

availability of space with absolute preference being given to

*see bye-law 1.2 of these Bye-laws as originally promulgated.

L-ISKALL U D-DAĦLA TAL-IMSIDA

(L-IMSIDA LOCAL COUNCIL)

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 these bye-

laws 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

vessels in terms of these bye-laws, the Council may consider

a pp l i c a ti o n s f o r d e po s i t i ng s e a c r a f t i n t he de s i g na t e d ar e a

submitted by owners of boats, with registered berths in L-Imsida

creek, 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 registration in L-Imsida creek, 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 these Bye-Laws shall, on conviction, be

liable to a fine (ammenda) of sixty nine euro (€69) 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 the

provisions of these Bye-Laws is breached.

7.2. The penalties indicated in this bye-law 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 Traffic Regulation (Clamping and Removal of

Motor Vehicles and Encumbering Objects) Regulations, and

without prejudice to any penalties of fines applicable under any

other law or regulation.

L-Iskall u d-Daħla tal-Imsida shall be administered by the

L-Imsida Local Council, together with l-Għaqda tad-Dilettanti tad-

Dgħajjes u Sajd tal-Imsida.

The L-Imsida Local Council together with l-Għaqda tad-

Dilettanti tad-Dgħajjes u Sajd tal-Imsida shall appoint a

coordination Committee that shall address and solve matters related

to L-Iskall u d-daħla tal-Imsida. This Committee shall be composed

of three (3) representatives of the Council and two (2)

representatives of l-Għaqda Dilettanti tad-Dgħajjes u Sajd tal-

L-ISKALL U D-DAĦLA TAL-IMSIDA

(L-IMSIDA LOCAL COUNCIL)

Imsida.

L-ISKALL U D-DAĦLA TAL-IMSIDA

(L-IMSIDA LOCAL COUNCIL)