DEPOSIT OF WASTES AND RUBBLE (FEES) REGULATIONS
Table of Provisions (29)
Statutory Text (29 Articles)
SUBSIDIARY LEGISLATION 549.07
DEPOSIT OF WASTES AND RUBBLE (FEES)
REGULATIONS
29th August, 1997
LEGAL NOTICE 128 of 1997, as amended by Legal Notices 206 of 1997,
190 of 1999, 405 and 426 of 2007, 382 of 2009 * , 279 of 2010, 203 of 2011
242 of 2022 and 22 of 2025.
The title of these regulations is the Deposit of Wastes and
Rubble (Fees) Regulations.
List of Hazardous Waste
PART I
Toxic and potentially toxic originating from Industrial and non-industrial,
services, etc. or containing chemicals as listed in this Schedule.
Waste stream description
Clinical wastes front medical care in hospitals, medical centres and clinics
Wastes from the production and preparation of pharmaceutical products
Waste pharmaceuticals, drugs and medicines
Wastes from the manufacture, formulation and use of wood preserving chemicals
Wastes from the production, formulation and use of organic solvents
Waste from heat treatment and tempering operations containing cyanides
Waste mineral oils unfit for their originally intended use
Waste oils/water, hydrocarbons/wale mixtures, emulsions
Waste substances and articles containing or contaminated with polychlorinated
b i p h y e n y l e s ( P C B s ) a n d / o r p o l y s h l o r i n a t e d t e r p h e n y l s ( P C Ts ) a n d / o r
polybrominated biphenyls (PBBs)
Waste tarry residues arising from refining, distillation and any pyrolytic treatment
Wastes from the production, formulation and use of inks, dyes, pigments, paints,
lacquers, varnish
Wastes from the production, formulation and use of resins, latex, plasticizers,
glues/adhesives
Waste chemicals arising from research and development or teaching activities
which are not identified and/or are new and whose effects on m an a nd /o r
environment are not known
Wastes of an explosive nature not subject to other legislation
Wastes from the production, formulation and use of photographic chemicals and
processing materials
Wastes resulting from surface treatment of metals and plastics
Residues from industrial waste disposal operations
Wastes having as constituents
Metal carbonyls
Beryllium, beryllium compounds
Hexavalent chromium compounds
Copper compounds
Zinc compounds
Arsenic; arsenic compounds
Selenium; selenium compounds
Cadmium; cadmium compounds
Antimony; antimony compounds
Tellurium; tellurium compounds
Cadmium; cadmium compounds
Antimony; antimony compounds
Tellurium; tellurium compounds
Mercury; mercury compounds
Thallium; thallium compounds
Lead; lead compounds
Inorganic fluorine compounds excluding calcium fluoride
Inorganic cyanides
Acidic solutions or acids in solid form
Basic solutions or bases in solid form
Asbestos (dust and fibres)
Organic phosphorous compounds
Organic cyanides
Phenols; phenol compounds including chlorophenols
Ethers
Haloginated organic solvents
Organic solvents excluding haloginated solvents
Any congenor of polychlorinated dibenzo-furan
Any congenor of polychlorinated dibenzo-p-dioxin
Organohalogen compounds other than substances referred in this Part
Other
Any products containing asbestos
Radioactive wastes and/or any wastes containing radionucleotides.
PART II
Toxic or Potentially Toxic Chemicals
1, 2-Dibromaethane
106-93-4
1, 2-Dichloroethane
107-6-2
2,4,5-T
93-76-5
Acrylonitrile
107-13-1
Aldicarb
116-6-3
Aldrin
309-0-2
All Arsenic compounds
All Cadmium compounds
2-Aminobutane
13952-84-6
Aminocarb
2031-59-9
Aminotriazole
61-82-5
Amitrole
61-82-5
Anilazene
101-5-3
Antu
86-88-4
Aramite
Atrazine
1912-24-9
Azinphos-ethyl
2642-71-9
Azinphos-methyl
86-50-0
Azocyclotin
41083-11-8
Benzene hexachloride (HCH)
608-73-1
Binapacryl
485-31-4
Blasticidin-S
2079-007; 12767-55-4
Bromethalin
63333-35-7
Calcium cyanide
529-1-8
Camphechlor
8001-35-2
Captafol
2425-6-1
Carbofuran
1563-66-2
Carbon Disulphide
75-15-0
Carbon tetrachloride
56-23-5
Carbophenothion
786-19-6
Chlordane
57-74-9
Chlordecon
143-50-0
Chlordimeform
6164-98-3; hydrocloride: 19750-95-9
Chlorfenson
80-33-1
Chlorfenvinphos
isomer '470-90-6(Z) isomer '18708-7(E)
'18708-86-6
Chlormephos
24934-91-6
Chlorophacinone
3691-35-8
Chlorthiophos
21923-23-9
Coumaphos
Crimidine
535-89-7
isomer {470-90-6(Z)
isomer {18708-
CVP
7(E)
18708-86-6
Cycloheximide
66-81-9
Cyhexatin
13121-70-5
D-D
8003-19-8
Dalapron
75-99-0,
127-20-8 Na Salt
DDT
50-29-3
Delnav
78-34-2
Demephion-O & S
682-80-4,
2587-90-8
Demeton-O & S
298-3-3,
126-75-0
Demeton-S-methyl
919-86-8
Demeton-S-methyl sulphone
17040-19-6
Dibromochloropropane (DBCP)
96-12-8
Dichlorobenzene
106-46-7
Dicofol
115-32-2
Dicrotophos
141-66-2
Dieldrin
60-57-1
Difenacoum
56073-07-5
2227-17-0
Dienochlor
Difolatan
2425-6-1
Dimefox
115-26-4
Dinoseb
88-85-7
Dinoseb acetate
2813-95-8
Dinoterb
1420-7-1
Dioxathion
78-34-2
Disulfoton
298-4-4
DMTP
950-37-8
DNBP
88-85-7
DNOC
534-52-1
DNPBA
2813-95-8
Drazoxolon
5707-69-7
Endosulfan
115-29-7, x-endo..959-98-0,
b-endo..33213-65-9
Endothal
145-73-3
Endrin
72-20-8
EPN
2104-64-5
Ethion
563-12-2
Ethoprop (U.S.)
13194-48-4
Ethoprophos (Europe)
13194-48-4
Ethylene Dibromide
106-93-4
Ethylene Oxide
75-21-8
Ethylthiodemeton
298-4-4
Flocoumafen
90035-08-8
Fenamiphos
22224-92-6
115-90-2
Fensulfathion
Fluoracetamide
640-19-7
Fluoroacetic acid
Compounds & Derivatives
Fonfos
944-22-9, 66767-39-3
Formatanate
22259-30-9
Fosthietan
Furathiocarb
65907-30-4
HCN
58-89-9
Heptachlor
76-44-8
HETP
107-49-3
Hexachlorobenzene or
118-74-1
hexachlorocyclobenzol
Hionazin
Hydrocyanic acid
74-90-8
Ioxynil
1689-83-4
IPSP
5827-5-4
Isodrin
72-20-8
Isofenphos
25311-71-1
Lambda Cyhalothrin
Lead & its compounds
Leptophos
21609-90-5
Lindane or gamma HCH or gamma BHC
58-89-9
298-4-4
Malic hydrozide
90-533
Mazidox
MBCP
21609-90-5
Mecarbam
2595-54-2
Medinoterb acetate
2487-01-6
Mephosfolan
950-10-7
Mercury & its compounds
Merkaptophos (Demeton)
8065-48-3,298-03-3 demeton-O,
126-75-Odemeton-S
Methaphos
298-0-0
Methidathion
950-37-8
Methoxychlor
72-43-5
Methyl-merkapto-phosteolovy
916-86-8
Metilmerkapto-phosoksid
301-12-2
Metriltriazothion
see azinphos-methyl
Mevinphos
7786-34-7
Mipafox
371-86-8
Monocrotophos
6923-22-4
Morfamquat
4636-83-3
Nitrofen
1836-75-5
Norbormide
991-42-4
Organo chlorine compounds (all) except
Dicofol, DDVP, Tetradifon
Oxamyl
23135-22-0
Paraquat
4685-14-7
Parathion
56-38-2
Parathion-methyl
298-0-0
Paris Green
1299-88-3
Pentachlorophenol
87-86-5
Phenylmercury acetate
62-38-4
Phenylmercury nitrate
60428-25-3
Phorate
298-2-2
Phosfolan
947-2-4
Phosphamidon
13171-21-6
Prothoate
2275-18-5
Quintozene
82-68-8
Rotenone
83-79-4
Schradan
151-26-9
Scilliroside (Red Squill)
507-60-8
Selenium compounds
Sodium cyanide
Sodium flouride
7681-49-4
Sodium fluoracetate
Stroban
Strychnine
Sulphotep
3689-24-5
TDE
Tecnazene
117-18-0
Telodrin
TEPP
107-49-3
Terbufos
13071-79-9
Tetrachloromethane
56-23-5
Tetrachlorvinphos
22248-79-9
Thallium sulphate
7446-18-6
Thiofanox
39196-18-4
Thiofos
56-38-2
Thionazin
297-97-2
Thioxamyl
Timet
298-2-0
Triamiphos
1031-47-6
Triazotion
2642-71-9
Trichloronate
327-98-0
Trichlorphon
52-68-6
Vinyl Chloride
Yellow Phosphorous
PART III
Toxic chemicals
(1)
O-Alkyl (C10, incl. cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr) -phosphonofluoridates
e.g. Sarin: O-Isopropyl methylphosphonoflurodate
Soman: O-Pinacolyl methylphosphonoflurodate
(2) O-Alkyl (C10, incl. cycloalkyl) N,N-dialkyl
(Me F,t, n-Pr or i-Pr) phosphoramidocyanidates
e.g. Tabun: O-Ethyl N, N-dimethyl phosphoramidocyanidate
(3) O-Alkyl (H or_ C10, incl. cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr) -aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding
alkylated or protonated salts
e.g. VX: O-Ethyl S-2-diisopropylaminoethyl methyl
phosphonothiolate
(4) Sulfur mustards
2-Chloroethylchloromethylsulfide
Mustard gas: Bis(2-chloroethyl)sulfide
Bis(2-chloreoethylthio) methane
Sesquimustard: 1,2-Bis(2-chloroethylthio) ethane
1,3-Bis(2-chloreothylthio)-n-propane
1,4-Bis(2-chloroethylthio)-n-butane
1,5 -Bis(2-chloreothylthio)-n-pentane
B is(2-chloroethylthiomethyl)ether
O-Mustard: Bis(2-chloroethylthioethyl)ether
(5) Lewisites
Lewisite 1: 2-Chlorovinyldichloroarsine
Lewisite 2: Bis(2-chlorovinyl)chloroarsine
Lewisite 3: Tris(2-chlorovinyl) arsine
(6) Nitrogen mustards
HN 1: Bis(2-chloroethyl)ethylamine
HN2: Bis(2-chloroethyl)methylamine
HN3: Tris(2-chloreothyl)amine
(7) Saxitoxin
(8) Ricin
B. Precursors
(9) Alky (Me, Et, n-Pr or i-Pr) phosphonyidifluorides
e.g. DF: Methylphosphonyidifluoride
(10) O-Alkyl (H or _ C10, incl. cycloalkyl) )-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and corresponding
alkylated or protonated salts
e.g. QL: O-Ethyl 0-2-diisopropylamineothyl
methylphosphonite
(11) Chlorosarin: O-Isopropyl methylphosphonochloridate
(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate
A. Toxic chemicals
(1) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate
and corresponding alkylated or protonated salts
(2) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)1-propene
(3) BZ: 3-Quinuclidinyl benzilate (*)
B. Precursors
(4) Chemicals, except for those listed in Schedule I, containing a
phosphorus atom to which is bonded one methyl, ethyl or
propyl (normal or iso) group but not further carbon atoms,
e.g. Methylphosphonyl dichloride
Dimethyl methylphosphonate
Exemption: Fonofos: O-Ethyl S-phenyl
ethylphosphonothiolothionate
(5) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides
(6) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or
i-Pr)-phosphoramidates
(7) Arsenic bichloride
(8) 2,2-Diphenyl-2-hydroxyacetic acid
(9) Quinuclidine-3-ol
(10) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides
and corresponding protonated salts
(11) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and
corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol and corresponding
protonated salts N,N-Diethylaminoethanol and corresponding
protonated salts
(12) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and
corresponding protonated salts
(13) Thiodiglycol: Bis(2-hydroxyethyl)sulfide
(14) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol
A. Toxic chemicals
(1) Phosgene: Carbonyl dichloride
(2) Cyanogen chloride
(3) Hydrogen cyanide
(4) Chloropicrin: Trichloronitromethane
B. Precursors
(5) Phosphorus oxychloride
(6) Phosphorus bichloride
(7) Phosphorus pentachloride
(8) Trimethyl phosphite
(9) Triethyl phosphite
(122-52-1)
(10) Dimethyl phosphite
(868-85-9)
(11) Diethyl phosphite
(762-04-9)
(12) Sulfur monochloride
(10025-67-9)
(13) Sulfur dichloride
(10545-99-0)
(14) Thionyl chloride
(7719-09-7)
(15) Ethyldiethanolamine
(139-87-7)
(16) Methyldiethanolamine
(105-59-9)
(17) Triethanolarnine
(102-71-6)
For the purpose of these regulations and unless the context
otherwise requires -
" "Act" means the Environment Protection Act;
"Authority" means the Environment and Resources Authority as
established under the Environment Protection Act;
"Chief Executive of the Water Services Corporation" means the
official delegated by virtue of the Water Services Corporation Act,
to be responsible for the control and management of the Water
S e r vi c e s C or p or a t i on a nd in c l ud e s an y o t her o ff i c e r in hi s
Corporation who acts on his behalf for the purpose of the
regulations.
"Department for Waste Strategy Implementation" means the
government entity entrusted with the responsibility for waste
management strategy implementation;
"Director for Waste Strategy Implementation" means the official
delegated to be responsible for the control, direction and
m a n a g e m e n t o f t h e D e p a r t m e n t f o r t h e Wa s t e S t r a t e g y
Implementation, and includes any other officer in his Department
who acts on his behalf;
"depositor" means any person who deposits any rubble, waste or
hazardous waste using a vehicle to transport it to a deposit site;
"domestic waste" means waste which is not hazardous waste and
which is collected from premises used exclusevely for human
habitation, in Malta,
"hazardous waste" means waste which is included in Schedule A
and any other type of waste which the Authority has reason to
believe to be hazardous;
"mixed waste" means mixed refuse, intended for collection by the
respective Local Council’s agent or contractor, on the indicated day;
"rubble" means rubble originating in Malta and which is not soil
*The coming into force of the amendments made by Legal Notice 382 of 2009 is as
follows
(a) for waste deposited at public deposit sites by or on behalf of Local Councils,
they shall be deemed to have come into force on the 1st October, 2009; and
(b) for waste deposited at public deposit sites by or on behalf of other entities, they
shall be deemed to have come into force on the 1st April, 2010.
and includes such material as dust, lime-stone or other kinds of
stone, concrete, floor-tiles, ground stone, sand, gravel and rubble
which results from excavations, ground preparation, demolition of
buildings, road works and other similar works;
"vehicle" means any vehicle which is registered with the
Director for Waste Strategy Implementation which is self-propelled
or otherwise and which is used for the transportation of rubble,
waste or hazardous waste and includes a truck, tipper, waste
collecting vehicle, trailer, lorry, skip loader hopper barge or any
other sea craft used for the disposal of waste at sea but excludes
any vehicle licensed for domestic purposes which carries less than
one metric tonne of rubble, waste or hazardous waste;
"waste" means all types of wastes originating in Malta which are
transported by the vehicle, but does not include hazardous waste;
"waste desposit site" means any site on land or at sea which is
licensed by the Authority for the deposit of rubble, waste or
hazardous waste and which is included from time to time in
Schedule B.
"waste electrical and electronic equipment" or "WEEE" means
electrical and electronic equipment which is waste as defined in
regulation 4 of the Waste Regulations, including all components, sub-
assemblies and consumables which are part of the product at the time
of discarding;
"waste management facility" means a site or facility that allows for
the storing, sorting, source segregating, treatment and transfer of
waste.
Substituted by
L.N. 206 of 1997.
Deposit Sites
Amended by
L.N. 405 of 2007.
Substituted by
L.N. 382 of 2009.
Amended by
L.N. 279 of 2010.
Substituted by
L.N. 242 of 2022;
L.N. 22 of 2025.
I - Public Deposit Sites on Land
1. Waste Management Facility within ECOHIVE Complex, Tul il-Kosta
Street, Naxxar.
2. Materials Recovery Facility - Sant’Antnin Waste Treatment Plant,
Marsascala.
3. Temporary Waste Transfer Station - Tal-Qortin, Xagħra, Gozo.
4. Thermal Treatment Facility, Triq il-Biċċerija, Marsa.
5. Civic Amenity Site, Ramla Road, Magħtab.
6. Civic Amenity Site, Triq it-Territorjal, Mrieħel.
7. Civic Amenity Site, Triq Birżebbuġa, Ħal Far.*
8. Civic Amenity Site, Luqa.
9. Civic Amenity Site, Ta’ Qali.*
10. Civic Amenity Site, Tal-Kus, limits of Xewkija, Gozo.*
11. Private facilities contracted to provide public services in waste
management.
12. Multi-Material Recovery Facility, Ħal Far.
13. Material Recovery Facility, Naxxar.
* Ħal Far, Ta’ Qali and Tal-Kus Civic Amenity Sites are open for the domestic
and commercial sectors.
II - Sites at Sea
A deposit site for dredged material and inert uncontaminated geological material
having a radius of about 350 meters and centered on Latitude 35°55.1´N and Longitude
14°34.0´E.
No person may deposit any rubble, waste or hazardous
waste in any site unless it is a deposit site.
Added
L.N. 190 of 1999.
Amended by
L.N. 426 of 2007.
Substituted by
L.N. 382 of 2009.
Amended by
L.N. 203 of 2011.
Substituted by
L.N. 242 of 2022;
L.N. 22 of 2025.
Table 1: Tariffs due for the deposit of waste and, or WEEE in public waste management
facilities
Waste and, or WEEE
€
Per tonne
A
Mixed waste deposited for landfilling in any
public facility and, or private facilities contracted
to provide such public service, which in either
Refer to Table 3
case are intended to provide services of this
nature.
B
Waste deposited for biological treatment or
similar technology at any public facility and, or
private facilities contracted to provide such public
service, which in either case are intended to
provide services
of this nature*.
C
Dry waste separated at source, suitable for
recycling and, or recovery deposited at any public
facility and, or private facilities contracted to
0.50
provide such public service, which in either case
are intended to provide services of this nature*.
D
At source segregated bulky (dry)
waste streams for recycling deposited at any
public facility and, or private facilities
contracted to provide such public service, which
in either case are intended to provide services of
Refer to Table 2
this nature on
behalf of Local Councils + .
E
At source segregated bulky waste streams for
recycling deposited by the commercial sector in
Refer to Table 2 + 35%
one (1) of the identified Civic Amenity Sites*.
supplementary fee #
F
Dry waste separated at source, suitable for
0.50 (row C) + 35%
recycling and, or recovery deposited by the
supplementary fee #
commercial sector in one (1) of the identified Civic
Amenity Sites*.
* Should waste declared as being at source segregated be found to be mixed
with other waste e.g. organic waste, the applicable rate shall be the standard landfill rate
indicated in row A together with charges for transportation of the waste to the landfill
Provided that waste deposited and, or delivered after normal landfill
operating hours as determined by the operator shall be charged an additional fee of two
euro (€2) per metric tonne or as the government entity entrusted with the responsibility
for waste management strategy implementation may so require to allow for the cost of
double handling.
+ Bulky waste operators operating on behalf of Local Councils and depositing at
Civic Amenity Sites shall be exempted from any charges.
#
Waste streams being accepted at the three (3) Civic Amenity Sites open for the
commercial sector are: recyclables, flat glass, textiles, wood, mattresses, gypsum and
expanded polystyrene.
The above rates are exclusive of VAT and may be adjusted periodically to reflect
changes to the Retail Price Index.
The a b o v e rates s h a l l not apply to waste directed for treatment at the Thermal
Treatment Facility.
Table 2: Phasing in of Cost Recovery Charges on Waste Streams (€/tonne)
Total Cost
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037
per Tonne
Wood
105 115 125 140 150 160 170 170
Textiles
105 115 125 135 145 155 165 165
Mattresses
100 110 120 135 145 155 170 180 180
Tyres
Flat Glass
Gypsum
115 135 155 175 195 215 240 260 280 300 300
Expanded
100 130 165 200 235 265 300 335 370 400 435 470 470
Polystyrene
WEEE
100 130 165 200 235 265 300 335 370 400 435 470 470
Table 3: Phasing in of cost charges for mixed waste deposited for land filling
Table 4: Tariffs for Treatment of Non-Hazardous Waste at the Thermal Treatment
Facility, Triq il-Biċċerija, Marsa
Waste Stream
€
Per tonne
(a)
Private slaughterhouses
(b)
Deceased livestock from farms
(c)
Horses
40 for every horse
(d)
Deceased pets (including strays)
nil
(e)
Fish
(f)
Materials for which incineration is obligatory upon
instruction of competent authorities
Other waste for incineration may be accepted in line with the facility’s IPPC
permit. The gate fee in paragraph (f) above shall apply in such cases.
The above tariffs are exclusive of VAT and may be adjusted periodically to reflect
changes to the Retail Price Index.
Any person who is an owner of a site which is used for the
depositing of rubble, wastes or hazardous wastes must be in
possession of a licence issued by the Authority for that purpose.
Added by
L.N. 203 of 2011.
Regulation 10
Rates for Treatment of Hazardous Waste at the Thermal Treatment Facility,
Triq il-Biċċerija, Marsa
Waste Stream
Rate
(€)
Clinical Waste
500.00 per tonne
Pharmaceuticals
5.00 per kg
(< 10 kgs.)
Pharmaceuticals
4.00 per kg
(10 < 20 kgs.)
Pharmaceuticals
3.00 per kg
(20 < 50 kgs.)
Pharmaceuticals
2.00 per kg
(50 < 250 kgs.)
Pharmaceuticals
500.00 per tonne
(> 250 kgs.)
Solvents, Sludges and other hazardous waste
5.00 per kg
(< 10 kgs.)
Solvents, Sludges and other hazardous waste
4.00 per kg
(10 < 20 kgs.)
Solvents, Sludges and other hazardous waste
3.00 per kg
(20 < 50 kgs.)
Solvents, Sludges and other hazardous waste
2.00 per kg
(50 < 250 kgs.)
Solvents, Sludges and other hazardous waste
500.00 per tonne
(> 250 kgs.)
Solvents, Sludges and other hazardous waste
350.00 per tonne
(> 10 tonnes per week)
The above rates are exclusive of VAT and may be adjusted periodically to reflect
changes to the Retail Price Index.
The Authority, the Director for Waste Strategy
Implementation and the Chief Executive of the Water Services
Corporation may at any time inspect any deposit site and make any
tests, take any samples or other evidence so as to ascertain that the
deposit of rubble, waste or hazardous waste is in no way prejudicial
to the environment or to the integrity of the water resources
Provided that any person who is either the owner or is
responsible for the site must provide access, assistance and the
information requested by the Directors and Chief Executive
mentioned in these regulations.
Any person who deposits rubble, waste or hazardous waste
must register every vehicle with the Department for Waste Strategy
Implementation and renew the registration annually from the day
when the first registration was made unless the registration has
been previously cancelled by the said Director.
The Authority and the Director for Waste Strategy
Implementation may, separately or jointly, following an application
for registration, and at any time thereafter, inspect the vehicle so as
to ascertain that it is fit and continues to be fit for the purpose of
carrying the rubble, waste and hazardous waste for which it is
registered.
Any person who deposits rubble in a public deposit site
shall pay the sum of €3.21 excluding Value Added Tax to the
government entity entrusted with the responsibility for waste
management strategy implementation for every metric tonne of
rubble to be deposited
Provided that the deposit of domestic rubble in the public
deposit sites indicated in items 7 to 12 in Schedule B by the
householder generating that waste, is exempt from payment of this fee.
Any person who deposits waste and, or WEEE in a
public deposit site must pay the fee indicated in Schedule C to the
government entity responsible for waste management strategy
implementation for every metric tonne of such waste to be deposited
Provided that if the actual weight of the rubble or waste
to be deposited cannot be established, the government entity entrusted
with the responsibility for waste management strategy implementation
may demand the same rate indicated in Schedule C but calculated
against a density of 2 metric tonnes per cubic metre for every cubic
metre as estimated from the outer dimensions of the receptacle which
contains rubble or waste which is not hazardous waste
Provided further that the deposit of domestic waste in the
public deposit sites indicated in items 7 to 12 in Schedule B by the
householder generating that waste, is exempt from payment of this fee
Provided further that any person who deposits dredged
material or inert uncontaminated geological material in a deposit site
at sea as included in Schedule B, must have in his possession a permit
in writing to this effect from the Authority, and pay any fees as the
Authority may so require. The Minister responsible for the
environment jointly with the Minister responsible for finance, may,
through publication of a notice in the Gazette, exempt any person from
the payment of such fees, in full or in part, if, the project in question is
declared to have any strategic or national significance
Provided further that the Authority may refuse to permit the
deposit of rubble, waste, WEEE, and, or hazardous waste in a deposit
site if in its opinion this will result in considerable damage to the
environment or is in contravention of international obligations, or for
any other reason the same Authority deems appropriate.
Any person who deposits hazardous waste in a deposit
site shall have in his possession, a permit in writing to this effect from
the Authority
Provided that if the hazardous waste or other waste is
deposited in a public facility, the person who deposits the hazardous
waste or other waste shall pay the fee indicated in Schedule D to the
government entity entrusted with the responsibility for waste
management strategy implementation, for every metric tonne of such
waste to be deposited. These rates may be adjusted periodically to
reflect changes to the Retail Price Index
Provided further that the deposit of domestic hazardous waste
in the public deposit sites indicated in items 7 to 12 in Schedule B by
the householder generating that waste, is exempt from payment of this
fee.
Any person who deposits waste which is transported by a
vehicle may be exempted from paying the fee referred to in
regulation 8 and 9 and after having obtained the written permission
of the Director of Waste Strategy Implementation.
After the 31st October, 1997, no person may transport
rubble, waste or hazardous waste by means of a vehicle which is
not registered with the Director for Waste Strategy Implementation.
The owner of any vehicle used to transport rubble, waste or
h a z a r d o u s wa s t e m u s t p a y t h e D i r e c t o r f o r Wa s t e St r a te g y
Implementation a fee of twenty-three euro and twenty-nine cents
(€23.29) to register the vehicle for that purpose and must pay the
same amount every year thereafter to renew the registration, unless
the registration is deleted by the same Director beforehand.
14. (Deleted by L.N. 382 of 2009).
(Mħassar bl-A.L. 382 tal-2009).
The applicant for a deposit site must be covered by an
insurance policy for environmental damages resulting from the
deposit of rubble, waste or hazardous waste and by whatever
means. The sum covered by the insurance policy must be decided
by the Chief Executive for the Water Services Cor poration
according to the vulnerability of the aquifer where the deposit site
is located. The sum covered by the insurance policy however may
not be less than five hundred and eighty-two thousand and three
hundred and forty-three euro and thirty-five cents (€582,343.35)
Provided that if the aquifer is damaged and the damages
exceed the sum covered by the insurance policy the applicant is
responsible for the additional costs. Damages would be estimated
also on the loss of production of water as well as on all remedial
works to reverse the damage.
The Director for Waste Strategy Implementation must
provide the owner of any registered vehicle, according to and for
the purpose of these regulations with means of identification for
each particular vehicle. These identifications must be portrayed at
all times on the same vehicle to the satisfaction of the same
Director in order to permit the exclusive entry of the vehicle in any
deposit site.
The Director for Waste Strategy Implementation, and, or
the Director for the Environment and, or the Chief Executive of the
Water Services Corporation as applicable, may make special
arrangements for the collection of fees due to him, including the
period of collection of the same fees, and the place where they are
to be paid.
The Director for Waste Strategy Implementation and, or the
Authority where applicable may refuse to permit the deposit of
rubble, waste and hazardous waste until the fees due are paid after
the expiry of a reasonable time limit which shall not exceed sixty
days from the day when the first request is made.
The fees prescribed under these regulations may be
collected according to the method laid down in the Code of
Organization and Civil Procedure for the collection of fees that are
due to the Authority and, or the Department for Waste Management
as applicable.
Any person who contaminates or in some way mixes rubble
with waste or hazardous waste shall be guilty of an offence under
these regulations.
These regulations shall apply in the same manner to all
G o v e r n m e n t D e p a r t m e n t s , p a r a st a t a l o rg a n i s a t i o n s , p u b l i c
corporations and other similar entities.
Any person shall be guilty of an offence under these
regulations if
(a) he 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) he contravenes any restriction, prohibition or
requirement imposed by or under these regulations, or
(c) he acts in contravention of any of the provisions of
these regulations; or
(d) he conspires or attempts, or aids, or abets, any other
person by whatever means, including advertising,
counselling or procurement to contravene the
provisions of these regulations or to fail to comply
with any such provisions (including any order lawfully
given in terms of any of the provision of these
regulations) or to contravene any restriction,
prohibition or requirement imposed by or under the
said regulations.
Any person who commits an offence against these
regulations shall, on conviction, be liable
(a) on a first conviction to a fine (multa) of not less than
one thousand and one hundred and sixty-four euro and
sixty-nine cents (€1,164.69) but not exceeding two
thousand and three hundred and twenty-nine euro and
thirty-seven cents (€2,329.37);
(b) on a second or subsequent convictions, to a fine
(multa) of not less than two thousand and three
hundred and twenty-nine euro and thirty-seven cents
(€2,329.37), but not exceeding four thousand and six
hundred and fifty-eight euro and seventy-five cents
(€4,658.75) or to imprisonment for a term not
exceeding two years, or to both such fine and
imprisonment
Provided that whenever any person is found guilty of
committing an offence under these regulations by means of a
vehicle, the owner of the said vehicle, where applicable, is held
liable in the same manner and degree;
Provided further that the court shall order any person who
has been found guilty of committing an offence against these
regulations to pay for the expenses incurred by the Departments
mentioned in these regulations as a result of the said offence, the
revocation of the permit issued by the Police and the confiscation
of the corpus delicti.
(1) 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 obtain a licence, permit or
authority shall in no case be for less than one year.
(2) Notwithstanding the provisions of section 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.
(3) 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.