IL-PONTA TAL-QAWRA NATURE RESERVE REGULATIONS

SUBSIDIARY LEGISLATION 549.150

IL-PONTA TAL-QAWRA NATURE RESERVE

REGULATIONS

20th September, 2022

LEGAL NOTICE 240 of 2022, as amended by Legal Notice 331 of

2022.

The title of these regulations is Il-Ponta tal-Qawra

Nature Reserve Regulations.

Il-Ponta tal-Qawra Nature Reserve

PONTA TAL-QAWRA NATURE RESERVE

Schedule I shall be published in the Maltese language only.

In these regulations, unless the context otherwise

requires

"Act" means the Environment Protection Act;

"competent authority" means the Environment and

Resources Authority as established by article 6 of the Act;

"Minister" means the Minister responsible for the

environment;

"Nature Reserve" means Il-Ponta tal-Qawra site as

delineated in Schedule I;

"specimen" shall have the same meaning as assigned to it

in the Flora, Fauna and Natural Habitats Protection

Regulations;

"vehicle" shall have the same meaning as assigned to it in

the Motor Vehicles Regulations.

Amended by

L.N. 331 of

Applicable Fines

2022. (regulation 9)

Applicable fines (multi) for offences according to regulation 9 (3)

Offence in breach of

APPLICABLE FINE (multa) (€)

First Offence

Second or subsequent offence

Minimum

Maximum

Minimum

Maximum

Regulation

5(1),

15,000

1,500

30,000

5(2)(f) and 5(2)(i)

Regulation 5(2)(e)

1,000

20,000

2,000

40,000

and 5(2)(g)

Regulation 5(2)(b),

1,500

25,000

3,000

50,000

5(2)(c),

5(2)(d)

and

5(2)(h)

Other

offences

15,000

1,500

30,000

except

those

under

regulation 5

The competent authority and the Police shall be

responsible for the administration, implementation, compliance

assurance and enforcement of these regulations.

(1)

The Minister hereby declares Il-Ponta tal-Qawra

site as delineated in Schedule I as a Nature Reserve.

(2)

The Nature Reserve shall remain protected

notwithstanding any deliberate or accidental cause whereby a Nature

Reserve or its surroundings, or part thereof, is destroyed or damaged,

unless otherwise published by the competent authority.

(1)

No person shall access the Nature Reserve with a

vehicle, unless he is in possession of a prior permit granted by the

competent authority.

(2)

No person shall

(a)

capture, hunt, collect, trap, pick, uproot, cut, kill,

destroy, damage, create any adverse conditions, disturb, keep,

sell, offer for sale or exchange any species or specimens of flora

or fauna from the Nature Reserve;

(b)

release or attempt to release, maintain and, or in

any way intentionally assist the establishment or potential

establishment of species not native to the Nature Reserve, or

allow the escape of such species in such site;

(c)

carry out an activity or intervention which

damages or which may negatively impact the biodiversity,

geology, geomorphological features, integrity or landscape of

the Nature Reserve, or parts of them;

(d)

place any construction material or structure, affect

any physical modification to the natural terrain for whatever

purpose, including facilitation of mooring or access, or affixing

any permanent fixture within the Nature Reserve;

(e)

dump, pour, throw, place or bury any chemical

substance, waste, rubbish, rubble or any other form of refuse

within the Nature Reserve;

(f)

cause, or permit to cause, loud music or any

excessive noise or light within the Nature Reserve;

(g)

light an open fire within the Nature Reserve;

(h)

operate any commercial activity within any Nature

Reserve or place any facilities ancillary for such purpose; or;

(i)

be in possession and, or use any weapon,

ammunition, or any other equipment which may be used for

hunting within the Nature Reserve and within an area of two

hundred metres radius measured from its border,

unless in possession of a prior permit from the competent

authority.

(3)

This regulation shall not apply in cases of defence and

national security, public safety and health, protection of cultural

heritage, salvage operations and the investigation of offences.

(1)

Without prejudice to the provisions of these

regulations, the competent authority may grant, or partially grant, a

permit for any activity or operation regulated through these regulations.

(2)

Permits for the exploitation of flora or fauna within the

Nature Reserve shall only be granted for

(a)

bona fide scientific studies; or

(b)

the management and monitoring operations of the

Nature Reserve in accordance with the provisions of the Flora,

Fauna and Natural Habitats Protection Regulations and other

operations indicated as essential by the competent authority for

the management of the site.

(1)

Any person requiring a permit shall submit an

application in writing to the competent authority prior to the carrying

out of such activities stipulated in these regulations.

(2)

The application shall be accompanied by the relevant

documents and any other requisite as specified and required by the

competent authority.

(3)

Whenever the competent authority grants, or partially

grants a permit, it may impose such conditions as it may deem fit and

appropriate.

(4)

The period of validity of such permits shall also be

established by the competent authority provided that the validity of the

permit does not exceed one (1) calendar year.

(5)

The competent authority may amend, vary, suspend or

revoke any permit giving reasons for its decision to the applicant.

(6)

Without prejudice to any other obligations and

conditions laid down by the competent authority, a permit holder is

obliged to submit the following within a month (1) from the expiry of

the permit or at the end of the calendar year, whichever is the earliest

(a)

a detailed report of the activities undertaken;

(b)

the aim and what field of work or activity was

carried out;

(c)

the methodology employed; and

(d)

the outcome and results achieved in connection

with the permit.

(7)

A copy of any published results and other publications

relevant to this permit shall reach the competent authority within three

(3) months from the date of publication.

(8)

The competent authority may, in cases of emergency or

grave danger, issue an emergency permit for any of the activities

mentioned in regulations 5 and 6 and in so doing may issue such

directives as deemed fit.

During the execution of a permitted activity or operation,

any person who is on site in connection with such activity or operation

shall be in possession of a copy of the permit. This permit shall be

shown upon request to any officer of the competent authority and any

duly authorised law enforcement official.

(1)

Any person who, wilfully or through imprudence,

negligence or incompetence

(a)

fails to observe any condition of a permit granted

under the provisions of these regulations;

(b)

fails to comply with any provision of these

regulations or, with any order lawfully given in accordance with

any provision of these regulations;

(c)

infringes any restriction, prohibition, order or

requirement arising from these regulations;

(d)

acts in contravention of any provision of these

regulations;

(e)

conspires with, aids, abets, counsels, instigates,

procures or knowingly allows any other person to contravene or

fails to comply with the provisions of these regulations or of any

restriction, order, prohibition or requirement imposed by or in

accordance with these regulations;

(f)

attempts to do any of those actions indicated in

paragraphs (a) to (e); or

(g)

makes a statement or submits information or

documentation, which such person knows to be false for the

purpose of obtaining the approval of a permit in accordance with

these regulations,

shall be guilty of an offence against these regulations.

(2)

Any person who commits, or attempts to commit, an

offence against regulation 5(2)(a) shall be liable

(a)

in the case of a first offence, to a fine (multa) of

not less than seven hundred and fifty euro (€750) for each

specimen, but not exceeding five thousand euro (€5,000) for

each specimen;

(b)

in the case of a second or subsequent offence, to a

fine (multa) of not less than one thousand and five hundred euro

(€1,500) for each specimen, but not exceeding ten thousand euro

(€10,000) for each specimen, or to imprisonment for a period

not exceeding two (2) years, or to both such fine and

imprisonment.

(3)

Any person who commits, or attempts to commit, an

offence not referred to in the provisions of sub-regulation (2) shall be

liable on conviction

(a)

in the case of a first offence, to a fine (multa) as

indicated in Schedule II;

(b)

in the case of a second or subsequent offence, to a

fine (multa) as indicated in Schedule II, or to imprisonment for

a period not exceeding two (2) years, or to both such fine and

imprisonment

Provided that without prejudice to the provisions

of this sub-regulation, in determining the gravity of the offence

the Court may consider, amongst others, the following factors

(i)

the possible damage to any habitat or

species of the Nature Reserve concerned as a

consequence of the offence;

(ii)

the intrinsic value or socio-economic

benefits of any habitat and wildlife within the Nature

Reserve;

(iii) the possible damage caused through the

introduction of species not native to the Nature Reserve;

(iv) the possible damage caused through the

unauthorised access with a vehicle to the Nature Reserve;

(v)

the impact of the offence on the general

public by nature of the place, affected species or habitat,

or any other similar consideration inherent to the nature

of the offence;

(vi)

public interest; and

(vii)

potential quantum of illegal gain.

(4)

The provisions of article 30(1) of the Criminal Code

shall, mutatis mutandis, apply to proceedings in respect of offences

against these regulations, sohowever that the disqualification from

holding or obtaining a permit or authorisation shall in no case be for

less than one (1) year.