DAILY FINES (ENVIRONMENT) REGULATIONS (environment)

SUBSIDIARY LEGISLATION 549.72

DAILY FINES (ENVIRONMENT) REGULATIONS

13th February, 2018

LEGAL NOTICE 45 of 2018, as amended by Legal Notice 362 of

2022.

The title of these regulations is the Daily Fines

(Environment) Regulations.

DAILY FINES SCHEDULE

Offence

Running days after notification

0 - 15

16 - 50

51 - 180

181 - 365

days

days

days

days

Activity without

nil

€15 per

€35 per

€75 per

permit

day

day

day

Activity without

nil

€20 per

€40 per

€80 per

permit within

day

day

day

protected site

DAILY FINES (ENVIRONMENT)

Breach of Permit/

nil

€10 per

€20 per

€30 per

€50 per

Registration

day

day

day

day

condition/Any other

provision under any

Regulations issued

under the Act

Failure to submit

nil

€5 per day

€10 per

€30 per day

€50 per

reports/data to the

day

day

Competent Authority

DAILY PENALTY SCHEDULE II

Deleted by Legal Notice 362 of 2022

In these regulations, unless the context otherwise

requires:-

"the Act" means the Environment Protection Act;

"the competent authority" means the Environment and

Resources Authority established under article 6 of the Act;

"day" or "days" means calendar days;

"order" means an order issued by the Authority in terms of the

Act;

"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 other person;

"Tribunal" means the Environment and Planning Review

Tribunal referred to in article 3 of the Environment and Planning

Review Tribunal Act.

Reat

Ġranet suċċessivi wara d-data tan-notifika

0 - 15

16 - 50

51 - 180

181 - 365

-il

-il ġurnata

-il ġurnata

-il ġurnata

ġurnata

Attività

xejn

€15 kull

€35 kull

€75 kull

mingħajr

ġurnata

ġurnata

ġurnata

permess

Attività

xejn

€20 kull

€40 kull

€80 kull

mingħajr

ġurnata

ġurnata

ġurnata

permess f’sit

protett

ĠURNATA RIGWARD L-AMBJENT

Ksur ta’

xejn

€10 kull

€20 kull

€30 kull

€50 kull

permessi/

ġurnata

ġurnata

ġurnata

ġurnata

kundizzjoni

għar-

reġistrazzjoni/

kwalunkwe

dispożizzjoni

oħra taħt

kwalunkwe

regolamenti

magħmula taħt

l-Att

Nuqqas ta’

xejn

€5 kull

€10 kull

€30 kull

€50 kull

sottomissjoni ta'

ġurnata

ġurnata

ġurnata

ġurnata".

rapporti /data

lill-Awtorità

Kompetenti

(1)

Where the Authority issues an order in writing to

a person in accordance with articles 76 and 78 of the Act in relation to

an infringement carried out under the Schedule after the date of

coming into force of these regulations, it shall also notify such person

that he shall be liable to

(a)

administrative penalty of one hundred euro (€100);

and

(b)

a daily fine after fifteen (15) days from the date of

notification of the order as established and set out

in accordance with the Schedule..

(2)

This fine shall be levied without prejudice to any other

fine or other amount payable to the Authority in accordance with the

provisions of the Act and shall be subject to a maximum fine of

seventy-five thousand euro (€75,000)

Provided that if a fine falls due following the approval by

the Authority of a permit covering the offence in respect of which an

order has been issued, only the accumulated daily fine or the

regularisation fine, whichever is the higher, shall be imposed

Provided further that if the existing offence remains

uncovered by a regularisation environmental permit, the daily fine

shall continue to accrue on the unregularised offence subject to the

maximum fine of seventy-five thousand euro (€75,000)..

Imħassar bl-Avviż Legali 362 tal-2022.

Where a person is subject to separate daily fines for

different offences related to the same activity or site, which fall under

any part of the Schedule, the daily fines shall accrue separately and

continue to run until the respective offence is addressed to the

Authority’s satisfaction. Illegalities in breach of existing orders shall

be considered individually and additionally.

(1)

Where the order has been appealed against in

accordance with the provisions of article 76(9) of the Act, and the

Order has been confirmed by the Tribunal or the Court of Appeal, as

the case may be, the fine shall be due from such person with effect

from the sixteenth (16) day following the date of first notification of

the order in accordance with the provisions of the Act.

(2)

Where the person served with the order submits an

application for regularisation, upon the determination of such

application, the fine due from such person under these regulations

shall be with effect from the sixteenth (16) day following the date of

the first notification of the order in accordance with the provisions of

the Act.

The Environment and Planning Review Tribunal shall

examine petitions submitted to it and it shall only accede to a petition

in part or in whole when there are compelling reasons for it to do so,

such as

(a)

humanitarian reasons attenuating the circumstances

relating to the commission of the scheduled offence;

and

(b)

when the nature of the order is manifestly unjust

and,

or

oppressive,

and

or

manifestly

disproportionate considering the nature and facts of

the case.

Where a person fails to pay the fine within ninety (90)

days from the request for payment by the Authority, the amount due

shall be considered as a civil debt owed to the Authority.

When the person subject to daily fine under these

regulations remedies the matter subject to the daily penalty, the

person should send formal written notice to the Authority without

delay, accompanied by any submissions and evidence as required by

the Authority. The Authority shall verify and confirm in writing that

the source of infringement has been remedied.

Whenever the Authority requests the submission of a

Method Statement or any other document or submissions from the

person subject to the daily penalty to explain the remedial actions

that are to be undertaken to remedy the offences subject to thedaily

fine, the Authority shall temporarily stop the accruing daily fine until

the Authority processes the documentation submitted, which daily

fine shall resume accruing on the day a formal reply from the

Authority is given or following any future date indicated in the

formal reply given by the Authority unless the submissions fulfil the

Authority’s requirements.

A daily fine shall cease, when the subject matter of the

order giving reason for the issuance of such fine, under the Schedules

to these regulations is removed or remedied to the satisfaction of the

Authority according to the provisions of regulations 7 and 8, and

after the Authority confirms this in writing to the person.

All the revenue generated under these regulations shall be

payable to the Authority as stipulated in the Act.