TREES AND WOODLANDS PROTECTION REGULATIONS

SUBSIDIARY LEGISLATION 549.64

TREES AND WOODLANDS PROTECTION

REGULATIONS

24th May, 2011

LEGAL NOTICE 200 of 2011.

The title of these regulations is the Trees and Woodlands

Protection Regulations.

PART I: INTERPRETATION AND ADMINISTRATION

STRICTLY PROTECTED TREE SPECIES

The following trees are hereby protected in all locations in Malta

(a) Trees of antiquarian importance as listed in the List of Trees of

Antiquarian Importance Order;

(b) Trees protected by tree protection orders issued through the

Development Planning Act and the Act; and

(c) Trees belonging to the species listed in the following table

Scientific name

Maltese name

English name

Fula tal-Klieb

Bean Trefoil Tree

Anagyris foetida

Bagular

Nettle Tree

Celtis australis

Efedra

Shrubby Horsetail; Joint

Ephedra fragilis

Pine

Fraxxnu; Si[ra tal-Pa`enzja Narrow-Leaved Ash

Fraxinus angustifolia

G]awse[

Mediterranean Tea-Tree;

Lycium europaeum

Mediterranean Boxthorn

G]awse[

Southern Tea-Tree;

Lycium intricatum

Southern Boxthorn

Omm il-Epp; Fomm il-

Medlar

Mespilus germanica

Lipp; Naspli Tedeski

Xewk tal-Kuruna ta’ Kristu Christ’s Thorn

Paliurus spina-christi

Olivastru

Mock Privet; Jasmine

Phillyrea latifolia

Box

Olivastru

Mock Privet; Jasmine

Phillyrea media

Box

Deru Bag]al

Hybrid Mastic Tree

Pistacia x saportae

Skornabekk; Terebintu;

Terebinth; Turpentine

Pistacia terebinthus

Si[ar tat-Trementina

Tree

Prajn tax-Xewk

Sloe; Blackthorn

Prunus spinosa

Lan[as Selva[[

Almond-Leaved Pear

Pyrus amygdaliformis

Lan[as Bag]al; Lan[as

Wild Pear

Pyrus pyraster

Selva[[

Lan[as Selva[[

Syrian Pear

Pyrus syriaca

|iju

Lesser Buckthorn; Olive-

Rhamnus oleoides

Leaved Buckthorn

Xumakk tal-Konz

Common Sumach

Rhus coriaria

Safsaf Kbir; |af\af Kbir

White Willow

Salix alba

Safsaf |g]ir; |af\af |g]ir Mediterranean Willow

Salix pedicellata

|orba Selva[[a

Rowan; Mountain Ash

Sorbus aucuparia

|orba

Service Tree

Sorbus domestica

G]arg]ar

Arar Tree; Sandarac Gum

Tetraclinis articulata

Tree; Mediterranean

Alerce.

Nemmies; Si[ra tan-Nemus Hoary Elm; Grey-Leaved

Ulmus canescens

[= Ulmus minor ssp.

Elm

canescens]

Ulmu

Common Elm

Ulmus minor

[= Ulmus minor ssp. minor]

Ulmu

English Elm

Ulmus procera

Virga; Si[ar tal-Virgi;

Chaste Tree; Virgin Bush.

Vitex agnus-castus

G]adib; B\ar tal-Patrijiet

In these regulations, unless the context otherwise requires

"Act" means the Environment Protection Act;

"compensatory planting measures" means the planting or making

available of a number of trees as a replacement for every damaged

or uprooted tree, on the basis of the provisions of guidelines

established by the competent authority;

"the competent authority" means the Environment and

Resources Authority;

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

article 2 of the Planning Authority Act;

"Director" means the Director responsible for environment

protection within the competent authority, or his designated

representative;

"horticulturally-grown trees" means planted trees that are grown

through horticulture and in artificial environments such as

agricultural land, private gardens, roadsides and paved areas, and

excludes trees in protected areas or in areas outside the

development zone growing in their natural environment, whether

originally planted or not;

"near any tree" means five metres away from the circumference

of the t ree canopy or t en me tres away f rom the tree trunk,

whichever is the larger;

"outside the development zone" or "ODZ" means land outside

the boundary for development in a planning scheme or local plan;

"owner" means either the direct owner or any person who holds a

title of lease, emphyteusis or any other right of possession, or both

owner of property and title together, jointly or separately;

"pest" means any form of plant or animal life or any pathogenic

agent, other than a beneficial organism, capable of directly or

indirectly injuring any plant material or beneficial organism, and

includes genetically modified pests;

"person" means any person, whether natural or legal, corporate

or incorporate, and includes any person acting on his own behalf or

under the instructions of any employer, master or owner;

"primary branches" means branches originating from the main

trunk or trunks of the tree;

"protected areas" means any area protected through the

Environment Protection Act or scheduled for ecological and

scientific reasons under the Development Planning Act, including

tree protection areas, or under the Act;

"protected tree species" means trees listed in Schedules I and II;

"pruning" m eans the practice of cutting away of prim ary

b r a n c h e s , s e c o n d a r y b r a n c h e s , o ff s h o o t s , a n d s u c k e r s o f

horticulturally-grown trees to influence the formation of the tree or

to positively influence flowering, fruit yield and, or the overall

health status of the tree;

"related environment regulations" means the Flora, Fauna and

Natural Habitats Protection Regulations, the Conservation of Wild

Birds Regulations, and any other related legislation;

"secondary branches" means branches originating from the

primary branches of the tree;

"site" shall also include a single property or more than one

property, irrespective of who is the owner of that property which

forms part of the site which is designated as a tree protection area

through the provisions of regulation 6;

"smoking requisite", "cigarette" and "tobacco" have the same

definition as is given to them in article 2 of the Tobacco (Smoking

Control) Act;

"surgical intervention" means any treatment required to save a

tree from disease or mechanical damage, structural collapse, as

well as treatments to prevent further damage in an already damaged

tree;

"tree" means a perennial woody plant, whether dead or alive,

which in its adult form, has a main trunk or trunks, and secondary

branches supported clear of the ground, and a distinct crown. This

includes individuals in all stages of growth;

"tree protection area" means any site published in the Gazette in

terms of the provisions of regulation 6;

"urban conservation area" or "UCA" means a historic area

(village core) as identified in a planning scheme or local plan or

other currently approved planning policies.

TREES PROTECTED IN SELECTED AREAS

The following trees are hereby protected, in line with the following terms and

conditions

(a) All trees of more than 50 years of age are protected within protected

areas, in ODZ and UCA. This protection shall not apply to trees listed in

Schedule III and to those trees which, in the competent authority’s

opinion, are causing any damage or adverse effect to the environment or

to structures or features of natural or cultural heritage value;

(b) Trees belonging to the species listed in the following table are protected

within protected areas and in ODZ

Scientific name

Maltese name

English name

}arrub

Carob Tree

Ceratonia siliqua

Si[ra ta’ {uda; }arrub ta’

Judas Tree;

Cercis siliquastrum

{uda

Mediterranean Redbud

{ummar

Dwarf Fan Palm

Chamaerops humilis

G]an\alor

Azarole; Crete Hawthorn

Crataegus azarolus

|ag]run

Whithorn; Common

Crataegus monogyna

Hawthorn

G]an\alor Selva[[

Hybrid Hawthorn

Crataegus x ruscinonensis

Sfar[el

Quince

Cydonia oblonga

{niepru; {nibru

Phoenicean Juniper

Juniperus phoenicea

Rand

Bay Laurel; Sweet Bay

Laurus nobilis

~awsli

White Mulberry

Morus alba

Tut

Black Mulberry

Morus nigra

Ri]an

Myrtle

Myrtus communis

Olea europaea s.l.

|ebbu[; |ejtun

Olive

|ebbu[ Selva[[

Wild Olive

Olea oleaster

Palma tat-Tamar

Date Palm

Phoenix dactylifera

|nuber tal-Lvant

Brutia Pine; Calabrian

Pinus brutia

Pine

|nuber; Si[ar tal-Prinjol;

Aleppo Pine; Jerusalem

Pinus halepensis

Si[ar tal-Ar\nu

Pine

TREES AND WOODLANDS PROTECTION

|nuber tal-Ikel

Stone Pine; Umbrella

Pinus pinea

Pine

Deru; Delu

Lentisk; Mastic Tree

Pistacia lentiscus

Luq

White Poplar

Populus alba

Ballut; /Si[ar tal-{andar

Holm Oak; Evergreen

Quercus ilex

Oak

Alatermu

Mediterranean Buckthorn

Rhamnus alatemus

Sambuka; Sebuq Kbir

Common Elder

Sambucus nigra

{enista Safra

Spanish Broom

Spartium junceum

Tamarix spp.

Bruk

Tamarisks

Meruna; Viburnum

Laurustinus

Viburnum tinus

|in\el

Jujube

Ziziphus zizyphus

[= Ziziphus jujuba]

The competent authority shall be responsible fo the

administration, implementation and enforcement of these

regulations.

PART II: PROTECTION OF TREES AND WOODLANDS

INVASIVE , ALIEN OR ENVIRONMENTALLY-INCOMPATIBLE SPECIES

Species marked with an asterix can be used in urban landscaping, but not in ODZ.

Scientific name

Maltese name

English name

Aka`ja tal-G]ajn

Coastal Wattle

Acacia cyclops

Aka`ja

Blue-Leaved Wattle;

Acacia saligna

[= Acacia cyanophylla]

Blue-Leaved Acacia;

Weeping Wattle

Ga\\ija tax-Xewk; Xewk

Kangaroo Thorn

Acacia karroo

[= Acacia horrida auct. fl.

ta’ Kristu; Aka`ja tax-

Melit.]

Xewk

Xumakk; Xumakk Falz

Tree-of-Heaven;

Ailanthus altissima

[= Ailanthus glandulosa]

False Sumach;

Japanese Varnish Tree

Eucalyptus camaldulensis * Ewkaliptus; Si[ra tal-

Red Gum; Red River

[= Eucalyptus rostrata]

Gamiem

Gum

Eucalyptus gomphocephala * Ewkaliptus; Si[ra tal-

Tuart

Gamiem

Albizzja; Ga\\ija Bajda

Lead Tree; White

Leucaena leucocephala

[= Acacia leucocephala;

Popinac; Cow Tamarind

Albizzia lebbek auct. fl.

Melit.]

Pittosporum tobira *

Pittosporum

Shrubby Putterlick;

Japanese Mock Orange

Ri[nu

Castor Oil Tree

Ricinus communis

Si[ra tal-B\ar

Brazilian Pepper

Schinus terebinthifolius

Without prejudice to the related environment regulations

and provisions the List of Historical Trees having an Antiquarian

Importance Order, the Conifer Trees (Preservation) Regulations,

and tree preservation orders issued under Development Planning

Act, it is hereby declared that

(a) the species of trees listed in Schedule I are protected in

accordance with the terms and conditions set out in the

said Schedule I;

(b) the trees listed in Schedule II are protected in

accordance with the terms and conditions set out in the

said Schedule II; and

(c) all trees sited in the tree protection areas or other

protected areas are protected, except trees listed in

Schedule III.

The competent authority shall compile

and

where

appropriate update a list of important sites that

(a) contain representative types of Maltese woodland

communities; or

(b) contain woodland and forest communities which are in

danger of disappearing in their natural area of

distribution; or

(c) contain woodland and forest communities which have

a reduced natural area of distribution as a consequence

of their natural or man-induced regression or on

account of their intrinsically restricted area; or

(d) contain woodland habitats critical to the survival,

reproduction and recovery of endangered, threatened

or endemic species of flora or fauna; or

(e) contain a single individual tree or a specified group of

trees or a woodland of aesthetic, historical, cultural,

arboricultural, scientific, educational or landscape

interest; or

(f)

include trees that in the competent authority’s opinion

are prominent landmark trees of particular relevance to

the character of the site; or

(g) contain rare, threatened or endangered tree species

with a restricted distribution in Malta; or

(h) are woodland and forest communities of particular

importance because of their scientific, ecological,

biodiversity, biogeographical, scientific, cultural or

landscape or educational interest; or

(i)

contain historical trees having an antiquarian

importance listed in the List of Historical Trees having

an Antiquarian Importance Order; or

(j)

contain ex situ live collections of rare, threatened or

endangered trees; or

(k) in the competent authority’s opinion contain similarly

relevant features for protection that are not listed

above.

(1) Once a site has been selected by the competent

authority in line with the criteria established in regulation 5, the

competent authority shall designate any such site as a tree

protection area.

(2) The competent authority shall publish the details of such

site or sites, with delineated boundaries, in the Gazette.

(3) Any such designated tree protection area shall be

considered a protected area in terms of the Development Planning

Act and the Environment Protection Act and shall be subject to

these regulations.

(4) Any site protected as a tree protection area shall remain

protected notwithstanding any deliberate or accidental

circumstance whereby

(a) any tree sited in any such protected area is, wholly or

in part, destroyed or dies; or

(b) any other impact is suffered by the site.

(5) Any tree protection area declared through these regulations

shall also form an integral part of the National Ecological Network

set up by regulation 5(1) of the Flora, Fauna and Natural Habitats

(Protection) Regulations, and is subject to the other provisions of

regulation 5 of the said regulations.

The tree protection areas identified and protected pursuant

to the provisions of regulation 6 shall be registered in an index held

for that purpose, and in the public registry. The said index shall be

held i n an electronic form i n such m anner that re se arc h to

determine the status of a site may be carried out.

PART III: TREE SPECIES CAUSING DAMAGE TO

BIODIVERSITY OR TO THE NATURAL ENVIRONMENT

IN GENERAL

(1) The trees listed in Schedule III are deemed to be

s p e c i e s c a u s i n g d a m ag e t o b i o l o g i c al d i v e r s i t y o f t r e e s o r

woodlands in Malta, or to the natural environment in general.

(2) No person shall propagate, sow, plant, import, export,

transport, sell or exchange any species listed in Schedule III, unless

duly authorised in line with the provisions of Part VI.

9.(1) (a) The competent authority may, within such time as it

determines, order any person responsible for the land

in which any tree listed in Schedule III is sited to

remove, uproot, kill or destroy any such tree, where

such removal would, in the competent authority’s

opinion, constitute an environmental improvement.

(b) A method statement may be issued by the competent

authority to ensure that such order is executed with

minimal damage to biodiversity.

(2) If such person mentioned in the previous provision fails to

comply with any such order, the competent authority may remove,

uproot, kill or destroy any such tree at the expense of the said

person.

(3) If the person responsible for the land upon which such tree

is sited is unknown, the competent authority may publish such

order in the Gazette and remove such a tree at its own expense after

ninety days from the publication of the order.

The competent authority may stop the transport and

importation of trees which in its opinion may endanger the

biological diversity of trees or woodlands in Malta, or be

detrimental in any way to the environment, or for any other reason

in the national interest.

PART IV: REGULATION OF ACTIVITIES

No person shall carry out or attempt to carry out any

action, which, in the opinion of the competent authority may be

damaging to any tree listed in Schedules I and II, and, or to the

biological diversity of any tree or woodland community protected

in a tree protection area or any other protected area, except for trees

of species listed in Schedule III.

No person shall fell or attempt to fell, cut or attempt to cut,

strip off or attempt to strip off the bark or leaves of, uproot or

attempt to uproot, remove or attempt to remove timber from, affix

or attempt to affix something to, or in any way destroy or attempt

to destroy, damage or attempt to damage, any tree or part thereof

listed in Schedule I or Schedule II or any tree or part thereof sited

in a tree protection area or any other protected area, except trees of

sp ecies listed in S ch edule III, except by permission of the

competent authority

Provided that the cutting off of leaves does not apply to

trees listed in Schedule II.

The provisions of regulation 12 shall not apply with

respect to

(a) the pruning of horticulturally-grown trees listed in

Schedule I or Schedule II, including any

horticulturally-grown trees situated in a tree protection

area or any other protected area, for the specific reason

of preventing further damage in an already damaged

tree and to enhance its overall health;

(b) the pruning of horticulturally-grown trees listed in

Schedule II, including any horticulturally-grown trees

situated in a tree protection area or any other protected

area, to control growth for the specific reasons of

preserving its strength, improving its overall health,

improving its fruit productivity or avoiding likely

injury to persons or likely damage to property;

(c) the pruning of horticulturally-grown trees listed in

Schedule I or Schedule II, or any horticulturally-grown

tree sited in a tree protection area or any other

protected area, to control growth for the specific

reason of avoiding the likely introduction of rodent

pests within a property

Provided that any primary branch, secondary branch or

offshoot to be pruned must lie within three metres

from the walls of the building requiring protection

from the introduction of the said rodent pests;

(d) the removal and uprooting of any olive groves and

carob groves planted after the last day of December

1998 for harvesting purposes and other agricultural

purpose. This excludes trees found in tree protection

areas, any trees of more than fifty years of age, and

trees planted for the purpose of landscaping as

prescribed by a development permit;

(e) the cutting, felling, treatment and, or destruction of

any tree that harbours quarantine pests and diseases as

listed in Annexes I and II of the Plant Quarantine

(Harmful Organisms) Regulations, after appropriate

consultation with the director responsible for plant

health

Provided that the provisions of this regulation are without

prejudice to regulation 11 or to any other law or regulation,

provision, agreement, management plan, order, permit or licence or

any condition or consent granted under any other law or regulation.

(1) No person shall dump or attempt to dump, throw or

attempt to throw, pour or attempt to pour, let fall or let reach or

attempt to let fall or let reach biocide, defoliant, fertiliser, acid,

alkali or other corrosive material, fuel or any other combustible or

explosive material, saline water, chemical or any other substance

near any tree listed in Schedule I or Schedule II or near any tree

sited in a tree protection area or any protected area, which may

harm any such tree, save for uncontaminated fresh water for

irrigation purposes and substances for the treatment of trees and of

arable land

Provided that in tree protection areas, or where similarly

justified for conservation purposes, the competent authority may

prohibit such irrigation or treatment if this would be in conflict

with the conservation status of the trees in question or the

biodiversity of the area.

(2) The competent authority may authorise the use of

substances prohibited in sub-regulation (1) or any other treatment

for weeding or surgical interventions which may in its opinion be

required.

No person shall place, attempt to place, or let be placed

any tyre, rubber, polystyrene, paper, or any other combustible or

explosive material, near any tree listed in Schedule I or Schedule II

or near any tree sited in a tree protection area or any protected area.

No person shall bury in the ground or attempt to bury in the

ground, dump or attempt to dump, or deposit or attempt to deposit

any soil, manure, waste, rubbish, stones, rubble, scrap metal or any

refuse near any tree listed in Schedule I or Schedule II or near any

tree sited in a tree protection area or any protected area, save for

soil or substrate for the treatment of arable land, provided that the

quantities of such substances are not detrimental to the trees

protected in terms of these regulations.

(1) Any person who kindles or attempts to kindle a fire

near any tree listed in Schedule I or Schedule II, or any protected

area other than a tree protection area, thereby causing damage as a

result of imprudent or negligent use of smoking requisites,

cigarettes or tobacco, fireworks or other combustible matter, or

omits to take adequate precautions in connection therewith, shall be

guilty of an offence.

(2) No person shall kindle or attempt to kindle a fire within a

tree protection area

(a) for entertainment purposes, including and not limited

to bonfires, barbecues, campfires and fireworks;

(b) that causes damage as a result of imprudent or

negligent use of smoking requisites, cigarettes or

tobacco, fireworks or other combustible matter, or

omits to take adequate precautions in connection

therewith.

(3)

The above provisions shall not apply to

(a) any person who kindles a fire which can be controlled;

or

(b) a fire directly connected with or necessary to the

management of the tree protection area or other

protected area in question, with the prior approval of

the competent authority; or

(c) a controlled fire within the confines of a private

dwelling

Provided that in all cases, the person shall still be liable for

any direct, indirect or consequential damage to any tree listed in

Schedule I or Schedule II, or to any tree protection area or any

other protected area. The competent authority may also take action

in terms of these regulations if the person fails to keep the fire

under control as a result of negligence or malicious action.

(1) No person shall allow or attempt to allow animals to

cause damage through grazing to any tree listed in Schedule I or

Schedule II.

(2) No person shall allow or attempt to allow animals to graze

in any tree protection area or other protected areas.

(3) The owner of any animal that causes such damage may be

ordered to pay such compensation for the damage caused as the

Court may direct. If an animal belongs to more than one owner, all

the owners may be ordered jointly and severally to pay

compensation for the damage caused by such animal.

PART V: SUPPLEMENTARY PROVISIONS

ON RELATED PERMITS

(1) Wherever a development, either individually or in

combination with other plans or projects, is likely to have an

adverse effect on any trees listed in Schedule I or Schedule II, the

competent authority may

(a) refuse the application; or

(b) impose appropriate permit conditions; or

(c) require amendments to, or relocation of, the proposed

development; or

(d) adopt a combination of the foregoing measures as may

be appropriate in the context of these regulations.

(2) Wherever a development, either individually or in

combination with other plans or projects, is likely to have an

adverse effect on any tree protection area or other protected areas,

the competent authority may

(a) refuse the application; or

(b) impose appropriate permit conditions; or

(c) request an appropriate assessment of impacts; or

(d) adopt a combination of the foregoing measures as may

be appropriate in the context of these regulations.

(3) The provisions of this article shall apply in respect of both

outline development permit applications and full development

permit applications, and shall also apply in determining a

reconsideration or appeal under the provisions of the Act.

(4) Development that is likely to have an adverse effect on any

trees listed in Schedule I or Schedule II, or on any tree protection

area or other protected areas, shall not be permitted under a

development order issued in terms of article 55 of the Development

Planning Act or through an application for minor amendment of an

existing development permit.

(5) The provisions of article 80 of the Development Planning

Act shall apply in the event that any tree protected under these

regulations is significantly and adversely affected by a

development permit issued on the basis of incorrect, incomplete,

misleading or fraudulent information contained in the relevant

permit application. In such event, any related permit issued under

these regulations shall also be null and void.

PART VI: PERMITS UNDER THESE REGULATIONS

Without prejudice to the provisions of these regulations,

the competent authority may issue a permit prior to the carrying out

of any activity regulated by these regulations

Provided that the competent authority shall not issue such a

permit if, after considering the proposed activity, it is of the

opinion that the activity is unjustified or that the adverse impacts of

the activity outweigh any possible benefits.

Without prejudice to the related environment regulations,

no permit issued through these regulations shall permit

interventions that

(a) are already proposed in an application for a permit,

notification, clearance or licence made under the

Environment Protection Act or the Development

Planning Act, which is still being processed, amended,

reconsidered or appealed in accordance with any of the

aforementioned Acts;

(b) would prejudice the merits of such processing,

amendment, reconsideration or appeal;

(c) would prejudice the merits of a request for any

clearance or licence required by the aforementioned

Acts, or would prejudice the merits of an appeal from

a decision thereon; or

(d) would prejudice any enforcement case, court case or

other cases currently sub judice.

(1) The person requesting a permit for activities referred

to in regulation 21, hereinafter referred to as the applicant, shall

submit in writing an application to the competent authority prior to

carrying out such activities.

(2) In order to enable the competent authority to adequately

assess a request for permission, the application shall

(a) be accompanied by the relevant documents and any

other requisite information as specified and required

by the competent authority; and

(b) indicate whether the application falls under any one of

the criteria listed in regulation 21(a) to (d); and

(c) be submitted in the manner prescribed by the

competent authority.

(1) Whenever the competent authority issues a permit, it

shall impose such conditions as it may deem appropriate.

(2) The period of validity of such permit shall also be

established at the discretion of the competent authority, and shall

be clearly indicated in the permit.

(3) Whenever the competent authority refuses such permission,

it shall inform the applicant of the reasons for such refusal.

(4) The competent authority may amend, suspend or revoke

any permit or other authorisation for activities that are related to

these regulations, giving reasons for its decision.

(5) A permit granted under these regulations shall be null and

void in the event that any tree protected under these regulations is

significantly and adversely affected by a permit issued on the basis

of incorrect, incomplete, misleading or fraudulent information

contained in the relevant permit application.

(6) The competent authority shall not issue or renew any permit

if the applicant in question has infringed any of the terms,

conditions, obligations or limitations of

(a) any other permit issued by the competent authority

under these regulations;

(b) any other permit issued by the competent authority in

relation to the site for which the permit is issued,

whether under these regulations or otherwise; or

(c) any other permit issued

through

the

related

environment regulations.

The competent authority shall apply compensatory

planting measures for the permitted uprooting of trees listed in

Schedule I or Schedule II, and of any tree sited in a tree protection

area or any other protected area.

(1) In permits concerning bona fide scientific or

educational studies, and without prejudice to any other obligations

and conditions laid down by the competent authority, a permit

holder shall be obliged to submit within a month from the expiry of

the permit

(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;

(d) the outcome and results achieved in connection with

the permit; and

(e) any other details as may be requested by the competent

authority in the permit.

(2) A copy of any published results and other publications

relevant to this permit shall reach the competent authority within

three months from the date of publication.

The Director may, on behalf of the competent authority, in

cases of emergency or grave danger, issue a temporary permit for

the carrying out of any activity regulated by these regulations, and

in so doing he may issue any such directives and decisions he may

deem appropriate.

Details of persons, public entities and other institutions

having been granted a permit in connection with these regulations

together with the details of conditions imposed in such permissions

shall be recorded in an electronic register available for public

inspection.

During the execution of a permitted activity or operation, a

copy of the permit shall be in the possession of any person who is

on site during such activity or operation. This permit shall be made

available to any official of the competent authority and any duly

authorised law enforcement official, including a police or Armed

Forces officer, wardens and environment inspectors upon request.

PART VII: PENALTIES

(1) Any person who -

(a) fails to comply with any provision of these

regulations, or with any order lawfully given in terms

of any provision of these regulations, or

(b) contravenes any restriction, prohibition or requirement

imposed by or under these regulations, or

(c) acts in contravention of any provisions of these

regulations, or

(d) conspires or attempts to conspire, aids or attempts to

aid, abets or attempts to abet, counsels or attempts to

counsel, procures or attempts to procure any other

person to contravene the provisions of these

regulations, or to fail to comply with any such

provision, including any order lawfully given in terms

of any provision of these regulations, or to contravene

any restrictions, prohibitions or requirement imposed

by or under the said regulations,

shall be guilty of an offence against these regulations.

(2) Any person who commits, or attempts to commit an offence

against these regulations shall be liable

(a) on a first conviction relating to trees listed in Schedule

I or trees sited in a tree protection area or other

protected areas except for those of species listed in

Schedule III, to a fine (multa) of not less than five

hundred euro (€500) but not exceeding two thousand

and five hundred euro (€2,500) for each tree of less

than ten years of age, with the exception of a first

conviction in connection with regulation 18, and to

compensatory planting measures by way of civil

liability;

(b) on a first conviction relating to trees listed in Schedule

I or trees sited in a tree protection area or other

protected areas except for those of species listed in

Schedule III, to a fine (multa) of not less than one

thousand, two hundred and fifty euro (€1,250) but not

exceeding twenty-five thousand euro (€25,000) for

each tree of more than ten years of age, with the

exception of a first conviction in connection with

regulation 18, and to compensatory planting measures

by way of civil liability;

(c) on a first conviction relating to trees listed in Schedule

II to a fine (multa) of not less than two hundred and

fifty euro (€250) but not exceeding two thousand and

five hundred euro (€2,500) for each tree of less than

ten years of age, with the exception of a first

conviction in connection with regulation 18, and

compensatory planting measures by way of civil

liability;

(d) on a first conviction relating to trees listed in Schedule

II to a fine (multa) of not less than three hundred and

fifty euro (€350) but not exceeding twenty-five

thousand euro (€25,000) for each tree of more than ten

years of age, with the exception of a first conviction in

connection with regulation 18, and compensatory

planting measures by way of civil liability;

(e) on a first conviction relating to regulation 8 or

regulation 10, to a fine (multa) of not less than one

hundred euro (€100) but not exceeding five hundred

euro (€500) for each tree;

(f)

on a first conviction relating to regulation 18, to a fine

(multa) of not less than fifty euro (€50) but not

exceeding five hundred euro (€500) for each tree;

(g) on a second or subsequent conviction, to a fine (multa)

of not less than one thousand, two hundred and fifty

euro (€1,250) but not exceeding fifty thousand euro

(€50,000) for every tree, or to imprisonment for a term

not exceeding two years, or to both such fine and

imprisonment.

(3) Any person found guilty of committing an offence against

these regulations shall be liable to all applicable penalties and

compensatory planting measures by way of civil liability, and be

required to pay for

(a) the full expenses incurred for remedying to the

competent authority’s satisfaction the damage caused

by the said infringement to the site, or to the

conservation status of the tree species, or to both, as

relevant;

(b) any other expense incurred or mitigation measures

required to remedy such doings, damage and

infringement, or to contain or prevent more

widespread impact; and

(c) the liquidated value of any irreparable loss or damage

to the environment, biological diversity, landscape,

natural heritage or cultural heritage, as may be

relevant to these regulations.

(4) The Court shall order the offender to remove the causes of

the offence and to undo anything which was done without a permit

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

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

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

within the time so fixed, he shall be liable to a fine (multa) of not

less than fifty euro (€50) and not more than one hundred and fifty

euro (€150), as the Court may fix, for every day that the default

continues after the expiration of the said time.

(5) The provisions of articles 23 and 30(1) of the Criminal

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

offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit,

clearance or authority shall in no case be for less than one year.

(6) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

regulations shall be taken before the Court of Magistrates (Malta)

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

(7) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo), in respect

of proceedings for any offence against these regulations.

TREES AND WOODLANDS PROTECTION