TRENCHING WORKS REQUIRING PERMIT BY LOCAL COUNCILS REGULATIONS

SUBSIDIARY LEGISLATION 441.05

TRENCHING WORKS REQUIRING PERMIT BY

LOCAL COUNCILS REGULATIONS

1st August, 2002

LEGAL NOTICE 313 of 2002, as amended by Legal Notice 426 of 2007

and Act XV of 2009.

The title of these regulations is the Trenching Works

Requiring Permit by Local Councils Regulations.

Amended by

L.N. 426 of 2007.

(Regulation 7)

Fees leviable for the services of a Community Officer in the locality

Field Officer

€23.29 per hour

Community Officer

€7.92 per hour

These rates shall apply for every hour or part thereof, and the minimum rate

payable shall be that for two hours

In these regulations, unless the context otherwise requires

"Act" means the Local Government Act;

"applicant" means a person who applies for a permit and includes

any person registered with the Authority, who acts on behalf of a

contractor who is also registered with the Authority;

"application" means any application made by an applicant for

authorisation in accordance with these regulations;

"Authority" means the Authority for Transport in Malta;

"contractor" includes any person, association or body of persons

registered with the Authority for Transport in Malta to construct

trenching works;

"licence" shall have the same meaning as assigned to it by article

25 of the Code of Police Laws;

"Local Council" shall have the same meaning as assigned to it by

the Local Government Act;

"locality" shall have the same meaning as assigned to it by the

Act and includes any arterial or distributor road or any other area

within the boundaries of such locality, which under the provisions

of the said Act are excluded from the responsibility of a Local

Council;

"permit" shall have the same meaning as assigned to it by article

29 of the Code of Police Laws;

"relative fee" means the fee that shall be paid for such

authorisation, permit or licence according to Schedule C;

"street" means any street, road or railway and includes any

"arterial road" or "distributor road" as defined in the Structure Plan

approved in accordance with the provisions of the Development

Planning Act, and includes, in relation to any such road -

(a) any street or arterial or distributor road which has

already been built or which is in the planning or the

construction stage;

(b) the carriageway thereof as well as any border or other

public open space adjacent and ancillary thereto,

including side margins, central strips, roundabouts,

traffic islands, footways and pavements;

(c) the foundations, sub-surfaces and. surface dressing

thereof;

(d) sub-ways, overpasses, junctions and intersections,

whether multi-level or otherwise;

(e) road drainage works and access thereto;

(f)

trenches and trenching works for utilities;

(g) ducting, conducting and the like for the distribution of

utilities or the provision of services, including works

connected therewith or ancillary thereto and manholes

or other means of access to such utilities or works.

(Regulation 3)

General conditions that shall apply for every licence, permit or authorisation

to be issued from the Local Council

1. For a licence, permit or authorisation to be issued from the Local Council to

any person, an application shall be submitted to the Local Council where the activity

is to be held, on the prescribed form and this form shall reach the Local Council at

least forty-eight hours prior to the activity, during office hours and office days.

2. The applicant shall pay the fees due as stipulated in Schedule C.

3. If the authorisation is not granted. the fees paid shall be refunded to

applicant

Provided that the fee shall not be refunded if applicant cancels the application or if

the application is revoked by the Local Council or any other authority due to a

breach of any of the conditions.

4. Every licence, permit or authorisation issued by the Local Council is not

transferable.

5. An applicant who is granted a licence, permit or authorisation from the

Local Council shall be present at all times during the activity for which a licence,

permit or authorisation have been issued, and shall be personally responsible for any

breach of conditions of the aforementioned licence, permit or authorisation even if

such breach is committed by his dependent or any such other person acting as

substitute.

6. In case the activity shall have effect on the traffic flow, applicant shall

provide the Local Council with all the details regarding the traffic signs related to

any obstacle that drivers may encounter and also the direction and information to

follow, If in the opinion of the Local Council, a community officer must be present

during the activity, applicant shall also pay. together with the fees established in

Schedule C, a fee as established in Schedule A.

TRENCHING WORKS REQUIRING

PERMIT BY LOCAL COUNCILS

(1) During trenching construction no person shall without

a licence from the Local Council, construct any work or make any

thing in any street, which may cause obstruction or create danger or

inconvenience to the public or, in spite of an intimation by the

Police or by a community officer, leave any building or work which

is ruinous or dangerous to persons or to the property of others.

(2) No person shall for any reason break up or open the

footway or surface of any street without the required permit or in a

manner different from that stated on such pennit.

Amended by

L.N. 426 of 2007.

(Regulation 2)

Fees leviable for permits in accordance with these regulations

For the opening or breaking up of footway or surface of any street

€2.33

For the renewal of the same permit

€2.33

(1) Application for licence under regulation 3(1) and

application for permit under regulation 3(2) shall be submitted to

the Authority for Transport in Malta.

(2) Every application must be completed on the prescribed

form in Schedule D and shall be submitted to the Local Council

where the works are to be carried out or to the Authority for

Transport in Malta

Provided that, after the normal office hours of the Local

Councils administrative offices, a person shaH be deemed to hold a

permit from the Local Council if in case of emergency the person

has already obtained a permit from the Authority for Transport in

M a l t a a n d n o t i f i e d t he c om m u ni t y o ff i c e r s a g e n c y b e f o r e

commencement of works, until such time as the Local Council

administrative offices remain closed.

(Regulation 4(2))

LOCAL COUNCILS (Coat-of-Arms)

APPLICATION FOR TRENCHING WORKS

Details of applicant: ................................................... Date: ...............................

Name and Surname: ..............................................................................................

Address: ...............................................................................................................

I.D Card No: ........................................... VAT Reg No (if applicable) ..................

Site plan of the site where trenching works are to be carried out

Certificate from a civil engineer showing details of the works proposed and the

machinery to be used

Details of site where trenching works are proposed

Address: ...............................................................................................................

Period: from: .................................. to: .............................................

Signature of Applicant

FOR OFFICIAL USE

Date and time when application is received: ................... Registration No: ............

Fee paid: ............................... Receipt No: ...................................

Documents

site plan of the location where trenching works are to be carried out

YES / NO

Certificate from Civil Engineer

YES / NO

Traffic scheme - list of traffic signs/markings to be used

YES / NO

Special conditions by Council: ..............................................................................

Permit No: .................................... Valid from: ................... to .....................

Office Rubber Stamp

Executive Secretary signature

Applicant shall together with his application also submit

(a) a site plan of the location where works are to be

carried out;

(b) a certificate from a civil engineer indicating the

proposed work and the machinery intended to be used.

When a Local Council receives an application, the Local

Council shall, within forty-eight hours from the receipt of the

application, forward such application to the Authority which shall

process the application and notify back its decision to the Local

Council and, in any case, any condition deemed fit to be imposed

by the said Authority.

Unless

otherwise

specifically

provided

in

these

regulations, the general conditions shown in Schedule B shall apply

for any li cence, permit or aut horis atio n is s ued under the se

regulations.

(1) The Local Council may together with the conditions

imposed by the Authority, make other conditions as it deems fit

Provided that the Local Council shall issue the licence

subject to the conditions in sub-regulation (2).

(2)

The contractor shall ensure that

(a) sufficient light is placed on site by sunset;

(b) all necessary signs and markings are put in place so as

to avoid any danger;

(c) all material caused during construction works is

removed in a place intended for such purpose;

(d) no machinery is left idle in place where construction is

being carried out in such a manner as to cause

obstruction to the traffic;

(e) in the case of damage caused to buried structures or

any other property, the contractor who is carrying out

works shall immediately and at his own expense make

all the necessary repairs;

(f)

on completion of the work the contractor is obliged to

re-instate the road surface as requested by the

Authority;

(g) failing to do so and in the case that such reinstatement

is delayed by more than three days, the Local Council

shall have the right to carry out the reinstatement at

the expense of the contractor;

(h) the expenses incurred as described in paragraph (g)

may be re-imbursed from the bank guarantee the

contractor has in favour of the Authority;

(i)

when requested by the Local Council and together

with the fees payable as established in Schedule C,

applicant shall pay for the services of a local

community officer to control the traffic. The fees

payable shall be those established in Schedule A.

(1) Upon receipt of the Authority’s decision, the Local

Council, in the case of affirmation, shall by not later than twenty-

four hours inform applicant to collect the licence on the prescribed

form in Schedule D.

(2) In the case that the authorisation is refused by the Local

Council, the Local Council shall give the reasons for its refusal in

writing.

The Local Council shall issue its authorisation after the

issue of the permit by the Authority and in all cases the

authorisation shall not be granted later than two working days.

(1) The Local Council, after consultation with the

Authority, shall have the right to renew the permit that has already

been issued for a longer period after another application for such

purpose has been submitted.

(2) In such a case, if the renewal is requested for the same

works the conditions attached to the original permit shall apply

Provided that, if an extension of the application is being

requested for work in progress, in such case, the Local Council

shall have the right to make new conditions.

In any case where applicant feels aggrieved by a decision

made by the Local Council, an applicant may appeal according to

the procedures established in article 26 of the Trading Licences Act

and, in such case, the appeals procedure as established in the

Trading Licences Regulations shall apply for all appeals that are

made under this regulation.

(1) Any person who without the permit of the Local

Council constructs any work or make any thing in any street which

may cause obstruction or create danger or inconvenience to the

pub l i c , o r, in s p it e of an int im a ti on by t he Pol ic e, o r b y a

community officer, leave any building or work which is ruinous or

dan gerous to persons or to the property of othe rs, s hall, on

conviction, be liable, to a fine (ammenda) of €116.47 and also to

ano t he r fi ne (amm e nda ) o f € 4.66 fo r e ac h da y t he offe nce

continues.

(2) Any person who causes whatsoever the breaking up or

opening of a footway or surface of any street without the required

permits or is in breach of any of the conditions of the permit shall,

on conviction, be liable to a fine (ammenda) of €116.47.

(3)

Any person who fails to -

(a) put sufficient light where works are being carried out,

after sunset;

(b) place traffic signs as necessary so as to avoid any

danger;

(c) remove any material caused during construction and

dispose of it in a place intended for such purpose;

(d) remove machinery which is not in use on the site in

such a manner that such machinery causes obstruction

to the traffic,

shall, on conviction, be liable to a fine (ammenda) of €23. 29 for

each contravention.

TRENCHING WORKS REQUIRING

PERMIT BY LOCAL COUNCILS