ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS REGULATIONS

SUBSIDIARY LEGISLATION 549.40

ABANDONMENT, DUMPING AND DISPOSAL

OF WASTE IN STREETS AND PUBLIC PLACES

OR AREAS REGULATIONS

21st October, 2005

LEGAL NOTICE 344 of 2005, as amended by Legal Notices 426 of 2007

283 of 2011, 296, 346 of 2018, 181 of 2019, 293 of 2020 and 84 and 368 of

2022, 36 of 2023, 267 and 272 of 2025.

The title of these regulations is the Abandonment,

Dumping and Disposal of Waste in Streets and Public Places or

Areas Regulations.

Amended by

L.N. 296 of 2018.

Regulation 4

In accordance with regulation 4, acts or omissions listed hereunder shall be

deemed to be an offence under the said regulation

(a) deposit, drop, place or throw any dust, dirt, paper, ash, cigarette butt,

refuse, box, barrel, or any other article or thing in any public place;

(b) keep or leave any article or thing in any place where it or particles

therefrom have passed or are likely to pass into any public place;

(c) throw or leave behind any bottle, can, food container, food wrapper,

glass, particles of food or any other article or thing in any public place;

(d) beat, clean, shake, sieve or otherwise agitate any ash, hair, feathers,

lime, sand, waste paper or other substance in such manner that it is

carried or likely to be carried by the wind to any public place;

(e) spit any substance or expel mucus from the nose, or leave or deposit

human material excretion, including vomit, or leave or deposit any

animal material excretion upon or onto any street or any public place;

(f)

place, scatter, spill or throw any blood, brine, noxious liquid, swill or any

other offensive or filthy matter of any kind, including oils, fuels, paints and

other fluids, in such manner as to run or fall into any public place including

in the sea or watercourses.

In these regulations, unless the context otherwise requires

"the Act" means the Environment Protection Act;

"advertising material" means any means of printed,

electronically written advertising material intended for promotion

purposes to advertise or promote an event and shall include all

forms of posters or flyers;

"Advisory Committee" means the Advisory Committee for the

control and monitoring of littering appointed by the Minister in

accordance with the provisions of these regulations for the purpose

of controlling and monitoring the disposal of waste and littering in

streets and public places;

"the Authority" means the Environment and Resources

Authority;

"balloon" means any type of balloon filled with gas, excluding

balloons for industrial or other professional uses and applications that

are not distributed to consumers;

"bins" means receptacles approved by the Government for the

disposal, separation and collection of waste and refuse, placed or

authorised to be placed in a public place by the Government;

"Commissioner" means a Commissioner for Justice in terms of

the Commissioners for Justice Act;

" C o u r t " i n c l u d e s a L o c a l Tr i b u n a l e s t a b l i s h e d u n d e r t h e

Commissioners for Justice Act;

"food" includes drink, chewing gum and other products of a like

nature and use, and articles and substances used as ingredients in

the preparation of food or drink or of such products;

"Government" means both the Government of Malta and Local

Councils established under the Local Government Act;

"hawker", fixed or mobile, includes any person or a substitute,

licensed to sell from a stall, and any licensed person or substitute

operating from a public market or monti established or authorised

by the Government;

"immediate vicinity" shall be that area immediately identifiable

with any site referred to in regulation 12(2), and where, by way of

irregular disposal, litter or waste demeans the social, historical or

environmental importance of the site or area referred to in that

subregulation;

"litter" includes

(i) any solid or liquid, domestic or commercial waste,

whether contained or loose, refuse, debris or rubbish

and without limiting the generality of the above

includes any glass, metal, plastic, paper, fabric, wood,

food, chewing gum, cigarette butts, derelict vehicles,

vessels, equipment, or machinery, in whole or in parts,

garden remnants and clippings, soil, sand, concrete

rocks or any other building material;

(ii) any object, material or other substance deposited in a

public place causing or adding a disorderly appearance

of such place or detrimentally causing an effect on the

proper use of the place, or which may, in general,

increase the risk of health or environmental hazard to

the public or the surrounding environment, or which

may be a nuisance to the public; and

(iii) domestic or commercial waste, whether contained or

loose, which contravenes the waste collection schedule in

Schedule 3;

"Local Council" has the same meaning given in the Local

Government Act;

"locality" has the same meaning given in the Local Government

Act, and includes, for the purpose of these regulations, arterial and

distributor roads and all other areas excluded from the competence

of local councils under the same Act;

"the Minister" means the Minister responsible for the

environment;

"nuisance" means any act, omission or thing which is visually

offensive or causes smells or noise, or occasioning or likely to

occasion injury, annoyance, offence, harm, danger, or damage of

whatever nature, or whi ch is or is likely to be inju rious or

dangerous to health or property;

"officer" means any person authorized by the Minister to issue

charges or fines related to these regulations and shall include

(i) a Police officer, a Community Officer or any other

authority authorised to issue charges in accordance with

the provisions of the Commissioners for Justice Act;

(ii) officers of the Authority, or any other person appointed by

the Minister to carry out the duties contained in these

regulations as established under the Act;

"open air" includes any open space and any covered place which

is exposed to the open air on at least one side;

"organiser" means the person or entity responsible for the

organisation of the event or promotion being advertised and shall

include the promoter of such event;

"plastic confetti" means pieces or streamers made wholly or partly

from plastic;

"printer" means the person or entity engaged by the organiser to

undertake the printing of the advertising material;

"private property" means any private property and includes but is

not limited to boundary walls, garden, yard, field, land, vehicle

licensed or not, stall, or other structure, temporary or permanent;

"public place" includes any place, privately owned or otherwise,

to which the public has access, and including a street, sea, playing

f i e l d a n d p l a y i n g g r o u n d , f i e l d , v a l l e y, b e a c h , f o u n t a i n ,

watercourse, reservoir, well and swimming pool;

"public property" includes but is not limited to buildings, walls,

fences, bastions, electricity or light poles, bus stops, traffic lights,

directional poles, trees, dustbins, benches, monuments;

"refuse" shall mean domestic or commercial waste placed for

collection either by the Regional Council’s approved agent or

contractor or by a registered waste carrier;

" "Regional Council" means a regional council established by

article 37A of the Local Government Act;

"stall" means any kiosk, table, shed, booth, marquee, show-

board, vehicle, cart or receptacle or any other means used or

intended to be used for the purpose of selling food or goods of any

kind and includes any structure affixed thereto by way of roof,

support or flooring;

"street" includes any road, alley, square, bridge, shore front,

quay, or other place of public passage or access;

"street-seller" shall include any other person, not defined as hawker,

who is licensed to conduct business from any street including

marketing agents, buskers and peddlers;

"time reasonably approximate" means a period of time between the

disposal of refuse by a person for collection and the time indicated for

its collection thereof as described in Schedule 3, which time period

shall not exceed the lapse of four (4) hours within the same day of

collection, unless otherwise established by virtue of a Government

notice published in the Gazette by the Authority after being informed

of such need by the Department for Local Government;

"venue" means the entity responsible for the venue wherein the

event being advertised in the advertising material is being held.

Amended by

L.N. 296 of 2018.

(Regulation 10(4))

Substituted by

L.N. 346 of 2018;

Amended by

L.N. 293 of 2020.

In accordance to regulation 4A and to regulation 10(4), objects and materials listed

hereunder shall be deemed to be dumped or deposited refuse, litter, waste, swill or

any other objects

(a) White goods and electrical and electronic equipment and appliances,

including fridge, freezer, cooker, oven, dishwasher, geyser, hob, air-

conditioner, television, computer, in whole or in part;

(b) Building material, rubble, stone, or excavated material, in whatever

quantity, including a sack, bag, box or receptacle with tiles, disused pipes,

slabs and any other material;

(c) Bathroom suite in whole or in part;

(d) Bedroom suite or other domestic furniture in whole or in part;

(e) Commercial equipment, old stock office furniture and machinery, in

whole or in part;

(f)

Cloths, rags and other material related to clothing;

(g) All catering waste and swill in whatever quantity, disposed by a catering

licensee;

(h) Unlicensed and disused vehicle or vessel in whole or in part;

(i)

Non-domestic waste;

(j)

Dead animal;

(k) Uncollected litter remaining after the lapse of twenty-four hours from

the termination of an event organised by a person, or a body of persons,

in a public place, including a rally, protest, concert, festival, public

meeting or similar activity, unless the organiser shows that sufficient

arrangements had been made for cleaning after the event;

(l)

Mixed agricultural and garden waste including plastics used for

agricultural or gardening purposes

Provided that if the dumping or depositing constitutes of pruning remains

only it shall qualify under Schedule 1.

(1) The Minister may appoint an Advisory Committee for

the control and monitoring of littering which shall consist of

(i) a person nominated by the Minister;

(ii) a person nominated by the Local Councils

Association;

(iii) a person nominated by the Department for Local

Government;

(iv) a person nominated by the Malta Tourism

Authority;

(v) a person nominated by the Authority;

(vi) a person nominated by the Minister responsible

for cleansing;

(vii) a person nominated by the Commissioner of

Police;

(viii) a person nominated by the Local Enforcement

System Agency;

and any other person whom the Minister may appoint from time to

time under such terms and conditions as he may determine.

(2) It shall be the duty of the Advisory Committee to advise the

Minister on any matter relating to public cleansing, in general, and

on any other matter which may come within the scope of these

regulations.

(3) The Advisory Committee shall coordinate with all competent

authorities and other non-governmental organisations engaged in

public cleansing and may recommend to such authorities good

practices in the field of public cleansing and for controlling the

disposal of litter in streets and public places.

(4) The Minister in consultation with the Authority may, from

time to time, and in writing, entrust the Advisory Committee with any

other duties which may be delegated from time to time and for a

definite or indefinite period of time.

L.N. 296 of 2018.

(Regulations 2 and 5(3))

Substituted by

L.N. 293 of 2020.

Amended by

L.N. 84 of 2022.

Substituted by

L.N. 368 of 2022.

Amended by

L.N. 267 of 2025

For the purposes of these regulations and of this Schedule, the following

definitions shall apply

"Mixed Waste" means mixed waste, intended for collection by the respective

Regional Council’s agent or contractor, on the indicated day. As from 1st July 2024, all

mixed waste placed for collection shall be in transparent black bags;

"Organic Waste/White Bag" means organic and, or biodegradable refuse

containing food and kitchen waste, leaves and flowers, intended for collection, by the

respective Regional Council’s agent or contractor, on the indicated day;

"Recyclable Waste/Grey/Green Bag" means co-mingled paper, plastic and metal

refuse, intended for collection by the respective Regional Council’s agent or contractor,

on the indicated day.

ABANDONMENT, DUMPING AND DISPOSAL OF WASTE

IN STREETS AND PUBLIC PLACES OR AREAS

Monday

Tuesday

Wednesda

Thursda

Friday

Saturda

Sunday

y

y

y

Organic

Waste

Glass every

Organic

Mixed

Organic

Recyclabl

Mixed

No

first and

Waste

Waste

Waste

e Waste

Waste

collection

third Friday

of the

month

The applicable collection time for the said waste for each Local Council shall be

provided to the Authority by the Department for Local Government, and shall be

published by the Authority by means of a Government notice in the Gazette.

Provided that where a scheduled collection day coincides with a public

holiday, such collection may be carried out on the next working day or on another day as

determined by the Authority after being duly informed of such need by the Department

for Local Government, and also provided that adequate notice is given to the residents.

No person shall throw down, drop, leave, or otherwise spill

or deposit any litter in any public place, street, sea, or open space to

which the public has access, unless such depositing and leaving is

lawfully authorized

Provided that for the purpose of this regulation, Schedule 1

lists, but not exclusively, acts and omissions which shall be deemed

to be an offence of leaving litter or depositing or spilling of objects

under this regulation.

No person shall dump or deposit any object or material listed in

Schedule 2 in any public place, street, sea, or open space to which the

public has access, unless such depositing and leaving is lawfully

authorised.

(1) Every person shall separate recyclable waste in

accordance with regulation 12A of the Waste Regulations.

(2) The enforcement of sub-regulation (1) shall be carried out in a

phased approach as shall be prescribed by the Minister by means of a

Government notice in the Gazette.

No person shall release or cause to be released any plastic

confetti into the open air.

The deliberate release of balloons in open air events shall be

prohibited

Provided that this shall not be applicable where the balloons

are sufficiently weighted in a manner that prevents their release into

the environment outside the event organiser’s control.

(1) It shall not be lawful for any person to deposit or leave

in any street or public place any litter receptacle, bag, used box,

bottle, tin, carton or other container, or any paper, straw or other

material used for packing, for the purpose of its collection unless

such depositing is made at a time reasonably approximate to the

time at which refuse collection ordinarily occurs in such place.

(2) It shall not be lawful for any person to deposit or leave in any

street or public place any litter receptacle, bag, used box, bottle, tin,

carton or other container, or any paper, straw or other material used for

packing, for the purpose of its collection, near bins, skips or other

receptacles situated in a public place, for public or private use, and

legally authorised.

(3) No person shall deposit or leave refuse for collection unless it

is done in accordance with Schedule 3.

(1)

No person shall sort or collect any refuse

deposited for collection at any place or while being transported after

collection, unless such sorting is lawfully authorized.

(2)

No person shall collect any disposed refuse, waste or

litter unless otherwise authorized to do so by a Regional Council or by

the respective Local Council in the area of its responsibility and by the

Authority

Provided that sorting of refuse or collection of disposed litter or

waste by an officer who has the duty to collect evidence in terms of

article 5 of the Commissioners for Justice Act, and solely for the

purpose of investigation to charge offenders under these regulations,

shall not be deemed to be an offence in terms of the provisions of this

regulation.

No person shall unlawfully remove or otherwise interfere

or tamper with or in any other way vandalize any bin provided or

authorized by the Government in any street or other public place or

any bin deposited for collection at any place.

(1) Every hawker or street seller operating in a public place,

shall keep the place and the immediate vicinity thereof in a clean and

sanitary condition, during and after operating times and, for such

purpose, shall have such number of bins as approved by Government

during the operating times.

(2) Without prejudice to these regulations, where in the opinion of

the Government, a hawker or street seller or the substitute has failed to

comply with sub-regulation (1), the Government may, by notice in

writing, require such licensee, within such period as may be specified

therein, to take such steps as it may deem fit for the purpose of

complying with these regulations.

(3) In case where a number of hawkers or street sellers or stalls

are operating in a specific context, such as open air markets, public

events, village feasts or similar, Local Councils shall ensure that

bins for the separate collection of waste are provided, at their own

expense or at the expense of the licensed hawker or street seller or

stall owner, for the separate collection of

(a) organic waste;

(b) glass;

(c) metal, plastic, cardboard and paper; and

(d) mixed waste

Provided that

(a) in the case of open air markets, such bins for the

separate collection of waste shall be sited within the

zone reserved for that market;

(b) in the case of village feasts and public events, such

bins for the separate collection of waste shall be sited

as close as possible to the majority of the stalls; and

(c) more than one set of bins for the separate collection of

waste may be provided if it is retained that the number

of stalls merits such or that the location of the stalls is

fragmented.

Government or the Local Council, according to

jurisdiction, may require, in writing, the owner, contractor, legal

represen tative, occupier o r licence holder of a commercial

establishments to provide, at the expense of the owner, legal

representative, occupier or licence holder and within such period as

may be specified in the notice, for bins or other convenient

r ec ep ta cl es, wh i ch s ha ll co nf o rm t o su ch spe ci fi ca ti o ns a s

Government may require, to be placed in appropriate locations

within the premises of the commercial establishment, or on the

street or in a public place in the vicinity of the premises, for the

deposit of refuse and litter

Provided that the Minister shall, from time to time, and after

consultation with representatives of the commercial sector, issue a list

of selected categories of commercial establishments which may be

required to place such bins or receptacles on the street or in a public

place.

No person shall affix through any means whatsoever any

advertising material on any public or private property

Provided that the provisions of this regulation shall not

apply to

(a) advertising material affixed inside private property

even though such material may be visible from a

public place;

(b) advertising material affixed to private property with

the written consent of the owner.

(c) advertising material affixed in a public place which is

duly authorised by a Local Government.

(1) The organiser shall ensure that any advertising

material produced and distributed in respect of an event shall

include the name and contact details of the organiser, the venue and

the printer.

(2) The organiser shall ensure that no litter is generated as a

result of the advertising material produced and distributed in

respect of an event being organised.

(3) The organiser shall ensure that no damage is caused to

amenities and surroundings wherein the advertising material is

produced and distributed in respect of the event being organised.

The owner of the venue shall provide, upon request by the

competent authority, the name and contact details of the organiser

of the event in respect of which the advertising material was

produced and distributed.

(1) Any person who contravenes any of the provisions

contained in regulations 4, 4C, 4D, 5 and 8 shall be liable to a fine

(ammenda) of not less than one hundred and fifty euro (€150) and

not exceeding three hundred euro (€300)

Provided that if an offender dumps or disposes of any refuse,

litter, waste, swill or any other object of a size or quantity or

accumulation, as taken by itself, causes a nuisance, or which may lead to

deterioration or defacement of a public place, he shall be liable to a fine

(multa) of not less than three thousand (€3,000) but not exceeding six

thousand (€6,000).

(2)

Any person who contravenes any of the provisions

contained in regulations 6 and 7 shall be liable to a fine (multa) of not

less than one hundred and fifty euro (€150) and not exceeding five

hundred euro (€500).

(3)

Any person who contravenes any of the provisions

contained in regulation 9, 9A, 9B, 9C shall be liable to a fine (multa)

of not less than two thousand euro (€2,000) and not exceeding three

thousand euro (€3,000).

(4)

Any person who contravenes regulation 4A shall be

liable, in case of dumping or depositing of

(a) limestone material only, to a fine (multa) of three

thousand euro (€3,000) per ten (10) cubic metres of

dumped or deposited material but not exceeding thirty

thousand euro (€30,000)

Provided that the minimum fine of one thousand euro

(€1,000) shall be applicable for dumping or depositing of less than

one (1) cubic metre however for dumping or depositing of more

than one (1) cubic metre but less than ten (10) cubic metres the

minimum fine of three thousand euro (€3,000) shall be applicable;

(b) construction and demolition waste to a fine (multa) of

not less than four thousand euro (€4,000) per (10) ten

cubic metres of dumped or deposited material but not

exceeding fifty thousand euro (€50,000)

Provided that the minimum fine of one thousand euro

(€1,000) shall be applicable for dumping or depositing

of less than one (1) cubic metre however for dumping

or depositing of more than one (1) cubic metre but less

than ten (10) cubic metres the minimum fine of four

thousand euro (€4,000) shall be applicable

Provided further that if the dumping or depositing

consists of contaminated hazardous waste, including

but not limited to, asbestos, paint, thinner, insulation

material, gypsum or scarifying material, the minimum

applicable fine shall be of six thousand euro (€6,000);

(c) white goods and electrical and electronic equipment

and appliances, a minimum fine of five hundred euro

(€500) but not exceeding five thousand euro (€5,000)

per piece;

(d) any other waste not listed in paragraphs (a), (b) and (c)

to a fine (multa) of not less than three thousand euro

(€3,000) and not exceeding six thousand euro (€6,000)

Provided that the minimum fine of four hundred euro

(€400) shall be applicable where the amount of waste is

considered minimal.

(4A) Any person who contravenes regulation 4B shall be liable

on the first contravention to reprimand and admonition, on the

second contravention to a fine (ammenda) of twenty-five euro

(€25) and in case of subsequent contraventions to a fine (ammenda)

of fifty euro (€50)

Provided that in the case of waste generated from

commercial activities, the contravenor shall be liable on the first

co nt rav enti on t o r eprim an d an d adm on iti on , on th e seco nd

contravention to a fine (ammenda) of seventy-five euro (€75) and

in case of subsequent contraventions to a fine (ammenda) of one

hundred and fifty (€150)

Provided further that in the case of waste generated from

commercial activities, action may be taken against any person

responsible for the enterprise or engaged by it.

(5) If any vehicle, cart or other equipment has been used in the

c o m m i s s i o n o f a n o ff e n c e a g a i n s t t h e p r o v i s i o n s o f t h e s e

regulations, the court, at the demand of the officer and in addition

to the punishment prescribed, may order the seizure of such

vehicle, cart or other equipment used for the purpose of this

regulation for a term of not less than two months but not exceeding

one year and the suspension for an equal term of any driving

license held by the offender, during which period the vehicle shall

be at the risk of the owner

Provided that where any person who has not participated

in the offence, has a claim to such vehicle or equipment, the seizure

shall only be ordered if the court is satisfied that no such claim is

thereby prejudiced.

(6)

If the offender is not the owner of the vehicle mentioned

in sub-regulation (5) but has acted under the instructions of such

owner or where such owner had the power to prevent the commission

of the offence does not do so, the owner shall be liable, on conviction,

to the punishment laid down in sub-regulations (1), (2), (3) and (4).

(7)

If the circumstances, in which any unlawfully dumped

material is found, indicate the owner or other person responsible for

such material immediately prior to its dumping, such owner or person

shall be deemed to have deposited that material and shall be liable to

the punishment laid down in sub-regulations (1), (2), (3) and (4),

unless he proves that he did not know of the commission of the

offence, or although he knew of it did not have the power to prevent it.

The Authority and, or any other authority appointed to

carry out the duties contained in these regulations may for the

purpose of the enforcement of these regulations, by adopting the

necessary safeguards, communicate data to other government

entities as may be required.

(1) When a person has been found guilty of an offence in

accordance with the provisions of regulation 7, the court may, by the

same judgment, and on proof of the damage suffered under regulation

7, order the offender to pay to the Government or the owner of the bin

in question, as the case may be, by way of damages, a sum not

exceeding one thousand and five hundred euro (€1,500) for each bin

and any such order shall be of the same force and effect and be

executed in the same manner as if it had been given in a civil action

duly instituted between such owner and the offender.

(2) When a person has been found guilty of an offence in

accordance with the provisions of regulation 9, the court may, by

the same judgment, and on proof of non-observance by an owner or

occupier of a commercial premises under regulation 9, order the

offender to pay to the Government by way of damages, a sum not

exceeding one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) for each bin and any such order shall

be of the same force and effect and be executed in the same manner

as if it had been given in a civil action duly instituted between such

owner and the offender.

(1) Where an offence referred to in regulations 4, 4A, 5, 6, 7,

8 and 10(3) is committed in one or more of the sites listed in the next

sub-regulation, the offender shall, on conviction, or on admission, be

liable to an additional fine (multa) of not less than three hundred euro

(€300) and not exceeding one thousand euro (€1,000) to the

established fine (multa) due to the historical and environment

importance of the site.

(2)

The aggravating circumstances referred to in the preceding

sub-regulation relate to the disposal, spilling or dumping of litter,

refuse, waste or swill in

(a) the immediate vicinity of a public monument,

museum, place of worship or school;

(b) the immediate vicinity of, or inside a World Heritage

Site declared by UNESCO or a Historic Centre

declared by the Authority;

(c) the immediate vicinity of, or inside, any protected area

under the Act, a Natural Reserve, Heritage Park, National

Park, public garden, or playing field;

(d) the immediate vicinity of, or on a public beach;

(e) any other site, area, place or open space which the

Minister may establish from time to time.

(3) Without prejudice to the preceding paragraphs of this

regulation, a person found guilty under regulations 4, 4C, 4D, 5, 6, 7

and 8, shall, on conviction, be liable to a fine (multa) of five hundred

euro (€500), if it is proved that such offender was found guilty of

committing any offence under the regulations referred to in this same

sub-regulation within twelve months prior to the issuance of the

contravention and which has become res judicata.

(4) Furthermore, and without prejudice to the preceding sub-

regulations, a person found guilty under regulation 10(4) shall, on

conviction, be liable to an additional fine (multa) of not less than six

thousand euro (€6,000), but not exceeding fifteen thousand euro

(€15,000), if it is proved that such offender was found guilty of

committing an offence in terms of regulation 10(4) within two (2)

years prior to the contravention.

(5) Without prejudice to the Act, or to any other law, any person

who by any means whatsoever, hinders or obstructs any officer from

the exercise of his powers and functions under these regulations shall

be liable, on conviction, to a fine (multa) of five hundred euro (€500).

In accordance with the provisions of any other law, and in

accordance with the powers conferred by the Minister in

accordance with the Act, any officer authorised to act under these

provisions and in whose opinion an offence has been committed

under these regulations, may proceed against the offender in terms

of article 5 of the Commissioners for Justice Act which provisions

shall apply mutatis mutandis to any proceedings in respect of

offences charged under these regulations.

(1) The Court, in addition to any punishment referred to in

these regulations, shall order the offender to remove the causes of the

offence within a time sufficient for the purpose, but in any case not

exceeding three months from the date of the judgment, to be fixed by

the court; and, if the offender fails to comply with any such order

within the time so fixed, the causes of the offence may be removed by

the Local Council of the locality in which the offence has been

committed at the expense of the offender, in which case such offender

shall be made to refund the expense as a civil debt. Moreover the

offender shall be liable to a fine (multa) of not less than fifty euro

(€50) and not more than one hundred and thirty euro (€130), as the

court may fix, for every day the default continues after the expiration

of the said time.

(2) Furthermore, and in addition to any penalty, should the

Local Council of a locality or any other authority remove the

dumped material prior to the proceedings in court, the said Court

shall, on proof of the damage suffered, order the offender to pay, by

way of damages, the Local Council or other authority any sum

incurred in the removal of the material, and any such order shall be

of the same force and effect and shall be executed in the same

manner as if it had been given in a civil action duly instituted

between the Local Council or any other authority and the offender.

(3) The Court may also order the forfeiture of the instruments

used in the commission of any offence under these regulations, unless

some person who has not participated in the crime, has a claim to such

property.

The Authority may impose an administrative fine in line with

articles 80 and 81 of the Act upon any person who infringes any

provision of these regulations or who fails to comply with any directive

or decision given by the Authority in ensuring compliance with these

regulations.

(1) In accordance with article 32(4)(d) of the Act, and

article 10(3) and (5) of the Commissioners for Justice Act, Local

Councils shall place into the Environment Fund thirty percent of all

the fines received from contraventions under regulations 4, 4A, 4B,

4C, 4D, 5, 6, 7, 8 and 9 and fifty percent of all the fines received

from contraventions under regulation 10(4) and regulation 12(3)

and (4) and shall be so placed within one month from receipt of

payment of the fines and penalties derived from such

contraventions.

(2) Fines awarded under these regulations on proceedings initiated

by the Authority, shall be due to the Authority.

Any person who commits any breach of an offence under

these regulations shall be guilty of a crime

Provided that the regulations mentioned in the Schedule

to the Commissioners for Justice Act shall be deemed to be

infringements triable before the Commissioners for Justice

Provided further that, if the offences contemplated in

regulations 4, 5 and 8 are committed in the circumstances mentioned

in regulation 10(4), they will be tried by the Court of Magistrates

Provided further that, in the cases mentioned above, the

Court of Magistrates shall also be competent to hear the case if the

circumstances mentioned in regulation 10(4) is not proved.

The provisions of regulations 4 to 9C, as they were prior to

the coming into force of these regulations shall be deemed to have

remained in force for the purpose of any prosecution commenced in

terms thereof prior to the said date .

ABANDONMENT, DUMPING AND DISPOSAL OF WASTE

IN STREETS AND PUBLIC PLACES OR AREAS