SKIPS (GENERAL APPLICATION) REGULATIONS

SUBSIDIARY LEGISLATION 363.63

SKIPS (GENERAL APPLICATION) REGULATIONS

28th December, 2000

LEGAL NOTICE 241 of 2000, as amended by Local Council Bye-Laws

28/9/2001, and Legal Notices 425 of 2007 and 476 of 2011.

The title of these regulations is the Skips (General

Application) Regulations.

Amended by

L.N. 425 of 2007.

(Regulation 2)

......................... LOCAL COUNCIL

Permit for the Use of a Skip/Bin on Wheels

IN exercise of the powers conferred by regulation 4 of the Skips (General

Application) Regulations, the .................. Local Council is hereby authorising .........

............................... residing at ................................................................................

Licence No. ............................. I.D. Card No. ......................... ( ) name of enterprise

or company ...................................VAT No. ................... Tel. No./Fax ....................

to place ...................... skip/s / bin/s on wheels in the Council’s locality boundary

under the terms and conditions specified hereunder

1. The skip/bin on wheels shall be of a size, type and colour approved by the

Council.

2. No markings shall be printed on or affixed to or removed from the skip/bin

on wheels unless authorised by the Council in writing.

3. There shall be printed on the skip/bin on wheels such markings as may be

authorised by the Council in writing.

4. The skip/bin on wheels shall be placed on the site/s indicated by the Council

on the attached site plan provided by the same Council.

5. The authorised person shall ensure that the skip/bin on wheels is emptied

every ...................... or when it is full, whichever is the earlier.

6. The Skips (General Application) Regulations shall apply to each and every

skip/bin on wheels placed in the Council’s locality boundary.

7. The authorised person shall ensure that all preventive precautions for the

conservation of the environment and for the protection of the citizen, are

being implemented.

8. At all times during the period of authorisation the authorised person shall

indemnify the Council against any third party liability or claim arising out

of, or in relation to, the placement or use of any such skip/bin on wheels.

9. Subject to earlier termination or cancellation in terms of regulation 9, this

permit shall be valid for a period of .................................. commencing on

10. This permit is subject to the payment of a fee of € .............. .

Mayor

Executive Secretary

Date ............................

In these regulations unless the context otherwise requires

"Act" means the Local Government Act;

"authorised person" means any person holding a permit issued by

a Local Council to use a skip or bin on wheels in terms of bye-law

Substituted by

L.N. 425 of 2007.

(Regulation 6.3)

CATEGORIES OF ESTABLISHMENTS AND FEES

Column 1

Column 2

CATEGORIES

FEES FOR USE OF SKIPS

Category No. 1

Sport centres, churches, schools, houses for

No fees

the elderly and persons having the

Kartanzjan

Category No. 2

Dressmakers, o ff ices, clinics, grocers,

A fee of €23.29 per annum

bakeries, butchers, pharmacies, bazaars,

stationeries, confectioneries, ironmongers,

greengrocers

Category No. 3

Bars, snack bars, institutions and other

A fee of €69.88 per annum

organisations, hairdressers, salons, pet

shops, plant and flower shops, halls, other

commercial shops, carpenters, household

appliances

shops,

aluminium

manufacturers, hawkers selling nougat,

street hawkers, discoteques.

Category No. 4

Mobile kiosks and hawkers selling fast

A fee of €46.59 for the duration

fo od s, w ho requ ire a t em po ra ry p ol ice

of the licence

licence to operate within the locality on

feast days.

Category No. 5

Hotels, restaurants, holiday complexes,

A fee of €139.76 per annum

guest houses, banks, showrooms and stores.

Category No. 6

Mechanics, panel beaters, sprayers, tyre

A fee of €232.94 per annum

service, petrol stations, blacksmiths.

Category No. 7

Industrial establishments including

A fee of €1,397.62 per annum

enterprises or co-operatives or any other

enterprise, government departments and

parastatal entities or corporations,

excluding construction sites or stone

quarries (where construction sites do not

include those for private residential

purposes).

Category No. 8

Other industrial establishments not falling

A fee of €931.75 per annum

under any other category shown in this

schedule, other than those already included

in Category No. 7.

Category No. 9

Those establishments and entities not listed

A fee of €46.59 per annum.

in Categories 1 to 6.

1 Dawn ir regolamenti japplikaw g]all-Kunsilli Lokali

kollha skont il-lokalità tag]hom u g]andhom jitqiesu li huma Bye-

Laws g]all-finijiet tal-artikolu 34(2) tal-Att.

3.2 Fejn xi Kunsill g]amel Bye-Laws sabiex jirregolaw xi ]a[a

l i d w a r h a h e m m p r o v d u t f ’ d a w n i r- r e g o l a m e n t i , d a w n i r-

regolamenti g]andhom jitqiesu b’\ieda ma’, u mhux bi tnaqqis ta’,

dawn il-Bye-Laws

I\da f’kull ka\ meta dawn il-Bye-Laws jipprovdu xort’o]ra

minn dawn ir-regolamenti, id-dispo\izzjonijiet ta’ dawk il-Bye-

Laws g]andhom japplikaw

I\da wkoll Kunsill Lokali jista’ jag]mel Bye-Laws b’\ieda

ma’ dawn ir-regolamenti biex jipprovdi g]al dispo\izzjonijiet

spe`jali gg]al-lokalità tieg]u.

2;

"bin on wheels" means any recipient on wheels that may be

enclosed by means of a lid and which is intended for the deposit of

domestic refuse but does not include a skip;

"commercial or industrial waste" means any waste or refuse,

originating from any shop, factory, enterprise, or other entity

operating commercially or in industry and includes bulky refuse

irrespective from where it generates but does not include domestic

refuse;

"domestic refuse" means household waste originating from

private dwellings, including flats or residential homes but does not

include commercial or industrial waste or bulky refuse;

"permit" means the permit issued to an authorised person as set

out in Schedule A;

"skip" means any open or closed skip and includes any other

recipient of this kind, used for the deposit of commercial or

industrial waste, but does not include a bin on wheels.

3.1 These regulations shall apply to all Local Councils in

relation to their locality and shall be deemed to be Bye-Laws for

the purposes of article 34(2) of the Act.

3.2 Where any Local Council has made Bye-Laws regulating

any matter provided for under these regulations, these regulations

shall be deemed to be in addition to and not in derogation of such

Bye-Laws

Provided that in any case when such Bye-Laws provide

differently from these regulations, the provisions of those Bye-

Laws shall apply

Provided further that any Local Council may make Bye-

Laws in addition to these regulations to make special provision in

relation to its locality.

4.1 No person other than the Council shall place any skip or

bin on wheels in any public place within the Council’s locality

boundary without a permit from the Council.

4.2 The Council may in its discretion issue a permit to

authorise a person to place a skip or bin on wheels during such time

and at such place and under such terms and conditions as may be

stipulated in the permit.

4.3 When a permit is granted, there shall be payable to the

Council -

4.3.1 in the case of a skip, a fee of not more than one euro

and sixteen cents (1.16) per day or part thereof for

every skip;

4.3.2 in the case of a bin on wheels, a fee of not more than

ninety-three cents (0.93) per day or part thereof for

every bin on wheels.

4.4 Any person who contravenes any provision of this

regulation or who fails to comply with any of the terms of the

permit, shall be guilty of a contravention.

4.5 When placing skips or bins on wheels, a Local Council

shall ensure that these do not pose any danger either to persons or

vehicles.

2001.

4.6 The application to a Local Council by a person to place a

skip or bin on wheels within the locality shall be made at least one

2001. week before applicant intends to place the skip or bin on wheels.

A person shall also be deemed to be guilty of a

contravention if -

5.1

he causes any damage to any skip or bin on wheels or

obliterates any markings printed on or affixed

thereon, or scribbles or makes any mark of any sort

on any skip or bin on wheels without the written

consent of the Council or of the authorised person; or

5.2

after using the skip or bin on wheels he leaves its lid

open or ajar, or deposits any refuse in such manner as

to impede the lid from closing properly; or

5.3

he uses the skip or bin on wheels for any purpose

other than that it is intended for, or deposits any

waste or refuse which the skip or bin on wheels is not

intended to receive; or

5.4

he deposits, throws down, drops or otherwise spills

any waste or refuse outside, around or near the skip

or bin on wheels; or

5.5

he removes or misplaces the skip or bin on wheels

from where it is placed by the Council or by an

authorised person within the space allocated for that

purpose; or

5.6

he deposits waste or refuse in a skip or bin on wheels

which according to the permit is intended for the

exclusive use of an authorised person; or

5.7

he deposits in a bin on wheels any domestic refuse

which is not contained in a closed bag, of a type and

material approved by the Council; or

5.8

he deposits waste or refuse in a skip or bin on wheels

other than that for which written authority has been

issued by the Council; or

5.9

he deposits any commercial or industrial or domestic

refuse, which has not originated from within the

Council’s locality boundary;

5.10 he deposits in any bin on wheels, waste, refuse,

objects or substance which is not of a domestic

2001. nature; or deposits in any skip commercial and/or

industrial waste when he is not authorised in writing

by the relative Local Council to do so;

5.11 in the case of a skip, he throws or deposits

commercial and/or industrial waste or refuse which

2001. does not originate from the same locality, unless so

authorised in writing by the Local Council and on

registration or payment, if such is the case, of a fee as

indicated in Column 2 of Schedule B;

5.12 as owner or as the person providing the skip or bin on

wheels failed to affix to the skip or bin on wheels, in a

permanent manner and clearly legible, in Maltese and

in English a updated copy of regulation 5 together with

the details of the owner or provider of the skip or bin

on wheels and the telephone number on which

communication is possible at any time of the day.

1 Any person who, through an activity in a locality, generates

any commercial or industrial waste shall register with the Council

of that locality, and shall keep such Council informed at all times of

the contractor engaged by such person to collect and remove his

commercial or industrial waste. Any person who fails to comply

with this regulation shall be guilty of a contravention.

6.2 No person as is mentioned in regulation 6.1 shall throw or

deposit commercial and, or industrial waste in the skips or bins on

wheels supplied by the Council unless so authorised in writing by

the said Council.

6.3 Any person who engages in a commercial and/or industrial

activity within the relative locality, which activity falls under any

2001. one of the categories of establishments listed in Column I of

Schedule B, shall register with the Local Council in order to be

granted authority to deposit commercial and/or industrial waste

wi t h i n th e sk i p s p r ov i d e d b y t he L o c a l C o u n c i l w i t hi n t h e

boundaries of the relative locality or else so that the waste may be

collected by the Local Council contractor.

6.4 For every registration made in terms of regulation 6.3 there

shall be paid to the Local Council the fee as indicated in Column 2

2001. of Schedule B.

6.5 The Local Council may, for valid reasons given in writing,

refuse to register a person in terms of regulation 6.3.

2001.

6.6 No person listed in Column 1 of Schedule B shall throw or

deposit commercial and/or industrial waste in the skips or bins on

2001. wheels provided by the Local Council or make use of the services

provided by the Local Council for the collection of waste within the

locality, unless registration is made together with the payment of

the fee indicated in Column 2 of Schedule B.

1 Any person who commits any contravention under any of

the provisions of regulation 5 shall, on conviction, be liable, unless

a higher penalty is applicable under any other law -

7.1:1 for a first offence, to a fine (ammenda) of forty-six

euro and fifty-nine cents (€46.59); and

7.1.2 for a second or subsequent offence, to a fine

(ammenda) of sixty-nine euro and eighty-eight cents

(€69.88).

7.2 In the case of an offence under regulation 4, a person shall

be liable on conviction to a fine (ammenda) of sixty-nine euro and

eighty-eight cents (€69.88); and in the case of a continuing offence,

to an additional fine (ammenda) of eleven euro and sixty-five cents

(€11.65) for each day during which the offence continues.

7.3 In the case of an offence under regulation 6.1 a person shall

be liable to conviction to a fine (ammenda) of sixty-nine euro and

eighty-eight cents (€69.88) and in case of a continuing offence, to

an additional fine (ammenda) of eleven euro and sixty-five cents

(€11.65) for each day during which the offence continues.

7.4 In the case of contravention under regulation 6.2, a person

shall be liable on conviction to a fine (ammenda) of sixty-nine euro

and eighty-eight cents (€69.88).

7.5 In the case of a contravention under regulations 4.5 and

4.6, a person shall be liable on conviction to a fine (ammenda) of

2001. sixty-nine euro and eighty-eight cents (€69.88), and in the case of a

continuing contravention, to another fine (ammenda) of eleven

euro and sixty-five cents (€11.65) for each day during which the

contravention continues.

7.6 In the case of a contravention under regulation 6.6, a

person shall be liable on conviction to a fine (ammenda) of sixty-

2001. nine euro and eighty-eight cents (€69.88).

The imposition of a penalty under these regulations shall

be without prejudice to the right of the Council to recover any civil

damages caused by the commission of an offence under these

regulations.

The Council may terminate the permit, if it is satisfied that

any of the terms and conditions under which the said permit was

issued has not been complied with, or if there is a substantial

change in circumstances which in the opinion of the Council render

it necessary to withdraw the permit. In this case the Council shall

not be obliged to refund any fee paid under regulation 4.3.

These regulations are without prejudice to the provisions to

Regulations not to

prejudice article

the provisions of the proviso to article 34(2) of the Act.

34(2) of the Act.