MAJJISTRAL NATURE AND HISTORY PARK SITE REGULATIONS

SUBSIDIARY LEGISLATION 549.83

MAJJISTRAL NATURE AND HISTORY PARK SITE

REGULATIONS

30th July, 2013 *

LEGAL NOTICE 217 of 2013, as amended by Legal Notice 181 of 2014,

300 of 2017 and 134 of 2021.

The title of these regulations is the Majjistral Nature and

History Park Site Regulations.

Regulation 2

Ir-Ramla tal-Mixquqa (Golden Bay)

In these regulations unless the context otherwise requires

"Act" means the Environment Protection Act;

"beach" means Ir-Ramla tal-Mixquqa (Golden Bay), as provided

in the Conservation of Wild Birds Regulations;

"bird" and "birds" have the same meaning as provided in the

Conservation of Wild Birds Regulations;

"Board" has the same meaning as provided in the Establishment

of the Majjistral, Nature and History Park Regulations;

"boundaries" has the same meaning as provided in the

Establishment of the Majjistral, Nature and History Park

Regulations;

"camp" means a structure set up as a place for temporary

accommodation;

"falconry" means the sport of hunting or taking quarry species with

a falcon and shall include the keeping, flying, training and, or the

display of such trained falcon in accordance with the provisions of the

Conservation of Wild Birds (Falconry) Regulations and shall exclude

hunting and taking by other means;

"firearm" has the same meaning as provided in the Protection of

Birds and Wild Rabbit Regulations, and the Conservation of Wild

Birds Regulations;

"hunt" and "hunting" means the use of a fire-arm or any other

weapon for the purpose of hunting wild birds or wild rabbit

(Oryctolagus cuniculus);

"motor vehicle" has the same meaning as provided in the Motor

Vehicles (Offroading) Regulations;

"Park" has the same meaning as provided in the Establishment of

the Majjistral, Nature and History Park Regulations;

" P a r k M a n a g e r " ha s t h e sa m e m e a n i ng a s th e "m a nag i ng

organisations" as provided in the Establishment of the Majjistral,

Nature and History Park Regulations;

*see regulation 1(2) of these Regulations, as originally promulgated, and Legal Notice

233 of 2013.

"related regulations" include the Filfla Nature Reserve Act, the

Fungus Rock (Il-Ġebla tal-Ġeneral) Nature Reserve Regulations,

the Selmunett Islands (St. Paul Islands) Nature Reserve

Regulations, the Protection of Birds and Wild Rabbit Regulations,

the Reptiles (Protection) Regulations, the Rubble Walls and Rural

Structures (Conservation and Maintenance) Regulations, the Motor

Ve h i c l e s ( O f f r o a d i n g ) R e g u l a t i o n s , t h e M a r i n e M a m m a l s

( P r o t e c t i o n ) R e g u l a t i o n s , t h e C o n s e r v a t i o n o f Wi l d B i r d s

Regulations, the Flora, Fauna and Natural Habitats Protection

Regulations, the Trees and Woodlands Protection Regulations, and

all regulations establishing any prohibition or any requirement for a

permit or authorization in respect of any intervention mentioned in

these regulations;

"sand" means the sand at Ir-Ramla tal-Mixquqa (Golden Bay) as

shown in the site plan in the Schedule 1;

"take" and "taking" means the live-capture of birds or wild rabbit

and excludes falconry.

(1) No person shall

(a) prior to two hours before sunrise and after twelve

thirty in the afternoon (12.30p.m.), hunt or attempt to

hunt, in any area of the Park during September,

October and November and during spring hunting

season, whenever a spring hunting derogation is

applied

Provided that no person shall hunt or attempt to hunt, in

any area of the park, prior to two hours before sunrise and

after ten o’ clock in the morning (10.00a.m) on

Wednesdays;

(b) prior to two hours before sunrise and after ten o’ clock

in the morning (10.00a.m) hunt or attempt to hunt, in

any area of the Park during December and January;

(c) prior to two hours before sunrise and after ten o’ clock

in the morning (10.00a.m) hunt or attempt to hunt, in

any area of the Park on Public holidays between

September and January and on Public holidays during

spring hunting season, whenever a spring hunting

derogation is applied; and

(d) prior to two hours before sunrise and after two thirty in

the afternoon (2.30p.m.) during the open season, take

or attempt to take any wild bird or wild rabbit, in any

area of the Park.

(2)

No person shall access or attempt to access the Park

(a) whilst being in possession of a firearm or any other

weapon, whether loaded or not, whether inside its

cover or not or whilst being in possession of

ammunition or other equipment to hunt or any other

means used to facilitate hunting prior to two hours

before sunrise and after twelve thirty in the afternoon

(12.30p.m.) during September, October and November

and during spring hunting season or prior to two hours

before sunrise and after ten o’clock (10.00a.m) in the

morning during December and January

Provided that no person shall access or attempt to

access the Park whilst being in possession of a firearm

or any other weapon, whether loaded or not, whether

inside its cover or not or whilst being in possession of

ammunition or other equipment to hunt, or any other

means used to facilitate hunting, prior to two hours

before sunrise and after ten o’clock in the morning

(10.00 am) on Wednesdays;

(b) whilst being in possession of a firearm or any other

weapon, whether loaded or not, whether inside its

cover or not or whilst being in possession of

ammunition or other equipment to hunt or any other

means used to facilitate hunting prior to two hours

before sunrise and after ten o’clock (10.00a.m) in the

morning on Public Holidays in between September and

January and on Public Holidays during Spring hunting

season, whenever a spring hunting derogation is

applied; and

(c) whilst being in possession of trapping equipment or

any other means used to facilitate the taking of any

wild bird or wild rabbit prior to two hours before

sunrise and after two thirty in the afternoon (2.30p.m.)

during open season.

(3) Any person hunting within the boundaries of the Park shall

unload his firearm or any other weapon and place it inside its cover

and shall collect any other equipment used to hunt or any other

means used to facilitate hunting and exit the Park by

(a)

twelve thirty in the afternoon (12.30p.m.) during

September, October and November and during spring

hunting season and from ten o’clock (10.00a.m) in the

morning till two hours before sunrise of the following

day, during December and January and shall remove

from the Park any weapon, ammunition or other

equipment to hunt or any other means used to facilitate

hunting of any wild bird or wild rabbit, by twelve

thirty in the afternoon (12.30p.m.) during September,

October and November and during spring hunting

season, and from ten o’clock (10.00a.m) in the

morning till two hours before sunrise of the following

day, during December and January

Provided that any person hunting within the

boundaries of the Park shall unload his firearm or any

other weapon and place it inside its cover and shall

collect any other equipment used to hunt or any other

means used to facilitate hunting and exit the Park,

throughout the year, by ten o’ clock in the morning

(10.00a.m) till to two hours before sunrise on

Wednesdays; and

(b)

ten o’clock (10.00a.m) in the morning on Public

Holidays in between September and January and on

Public holidays during spring hunting season

whenever a derogation for this season is applied and

remove from the Park any weapon, ammunition or

other equipment to hunt or any other means used to

facilitate hunting of any wild bird or wild rabbit, by

ten o’clock (10.00a.m) in the morning on Public

Holidays in between September and January and

Public Holidays during Spring hunting season

whenever a derogation for this season is applied.

(4) Where a person lawfully possesses a building within the

boundaries, such person may store in a locked-up compartment

within such building any unloaded firearm or other weapon,

ammunition, equipment or other means used by him to facilitate

hunting of any wild bird or wild rabbit.

(5) Any person practicing taking within the boundaries of the

Park shall collect any taking equipment or any other means used to

facilitate taking of wild rabbit and exit the Park by two thirty in the

afternoon (2.30p.m.) during open season, and, or, in the case of

taking of birds in accordance with the provisions of the applicable

Conservation of Wild Birds (Framework for Allowing a Derogation

Opening an Autumn Live-Capturing Season for Song Thrush and

Golden Plover) Regulations, and, or, Conservation of Wild Birds

(Framework for Allowing a Derogation Opening an Autumn Live-

Capturing Season for Finches) Regulations shall remove all live

decoys and ensure that any clap-nets are disarmed and laid

completely flat on the ground by two thirty in the afternoon

(2.30p.m.) and at all times during prohibited hours, and dismantled

upon closure of the Autumn live-capturing season and removed

from the site

Provided that when the nets are disarmed and laid

completely flat on the ground, the person practicing taking of birds

shall take requisite measures to ensure that no accidental

entanglement of any species occurs when the nets are not active

Provided further that where a person lawfully possesses a

building within the boundaries, such person may store in a locked-

up compartment within such building any trapping equipment or

other means used by him to facilitate the taking of any wild bird or

wild rabbit.

(6) Without prejudice to provisions of the Conservation of

Wild Birds Regulat ions, and the Protection of Wild Rabbit

Regulations, no person shall

(a) be in possession of a firearm or any other weapon for

hunting, whether loaded or not, whether inside its

cover or not or be in possession of ammunition or

other equipment to hunt or any other means used to

facilitate hunting of any wild bird or wild rabbit,

anywhere in the Park between twelve thirty in the

afternoon (12.30p.m.) and two hours before sunrise of

the following day during September, October and

November and during spring hunting season, and

between ten o’clock (10.00a.m) in the morning and

two hours before sunrise of the following day during

December and January

Provided that no person shall be in possession of a

firearm or any other weapon for hunting, whether

loaded or not, whether inside its cover or not or be in

possession of ammunition or other equipment to hunt

or any other means used to facilitate hunting of any

wild bird or wild rabbit, anywhere in the Park between

ten o’ clock in the morning (10.00a.m) till to two hours

before sunrise of the following day on Wednesdays;

(b) be in possession of a firearm or any other weapon for

hunting, whether loaded or not, whether inside its

cover or not or be in possession of ammunition or

other equipment to hunt or any other means used to

facilitate hunting of any wild bird or wild rabbit,

anywhere in the Park between ten o’clock (10.00a.m)

in the morning and two hours before sunrise of the

following day on Public Holidays in between

September and January and on Public Holidays during

Spring hunting season whenever a derogation for this

season is applied;

(c) be in possession of trapping equipment or any other

means used to facilitate taking of any wild bird or wild

rabbit, anywhere in the Park between two thirty in the

afternoon (2.30p.m.) and two hours before sunrise of

the following day during open season;

(d) be in possession or control of a hunted wild bird or a

wild rabbit, whether dead or alive, whether whole or in

part anywhere in the Park between twelve thirty in the

afternoon (12.30p.m.) and two hours before sunrise of

the following day during September, October and

November and during spring hunting season and

between ten o’clock (10.00a.m) in the morning and

two hours before sunrise of the following day during

December and January

Provided further that no person shall be in possession

or control of a hunted wild bird or a wild rabbit,

whether dead or alive, whether whole or in part

anywhere in the Park between ten o’ clock in the

morning (10.00a.m) till to two hours before sunrise of

the following day on Wednesdays; and

(e) be in possession or control of a hunted wild bird or a

wild rabbit, whether dead or alive, whether whole or in

part anywhere in the Park between ten o’clock

(10.00a.m) in the morning and two hours before

sunrise of the following day on Public Holidays in

between September and January and on public

holidays during spring hunting season. whenever a

derogation for this season is applied.

(7) Without prejudice to the provisions of the Conservation of

Wild Birds Regulations no person in any part of the park shall be in

possession or control of live wild birds used as decoys for taking,

anywhere in the open field within the Park between two thirty in

the afternoon (2.30p.m.) and two hours before sunrise of the

following day during any open season for taking of birds whenever

any live-capturing derogation is applied.

(8) No person shall leave inside the park any fire-arm or other

weapon used for hunting, whether loaded or not, whether inside its

cover or not or leave any ammunition or other equipment to hunt or

any other means used to facilitate hunting of any wild bird or wild

rabbit, anywhere in the Park, between

(a) twelve thirty in the afternoon (12.30p.m.) and two

hours before sunrise of the following day during

September, October and November and during spring

hunting season and between ten o’clock (10.00a.m) in

the morning and two hours before sunrise of the

following day during December and January

Provided that no person shall leave inside the park any

fire-arm or other weapon used for hunting, whether

loaded or not, whether inside its cover or not or leave

any ammunition or other equipment to hunt or any

other means used to facilitate hunting of any wild bird

or wild rabbit, anywhere in the Park, between ten o’

clock in the morning (10.00a.m) till to two hours

before sunrise on Wednesdays;

(b) ten o’clock (10.00a.m) in the morning and two hours

before sunrise of the following day on Public Holidays

in between September and January and on Public

Holidays during spring hunting season whenever a

derogation for this season is applied; and

(c) where a person lawfully possesses a building within

the boundaries, such person may store in a locked-up

compartment within such building any unloaded

firearm or other weapon, ammunition, equipment or

other means used by him to facilitate hunting of any

wild bird or wild rabbit.

(9) Without prejudice to the provisions of any other law, and

unless in possession of a valid permit or authorization issued under

the direction of the Park Manager, as applicable, no person shall

within the boundaries of the Park

(a) park, place or drive a vehicle outside designated areas

as indicated from time to time by the Board, except

for

(i)

the parking or driving of agricultural vehicles on

existing cultivated land as reasonably required

for the purpose of continued cultivation; or

(ii) the maintenance of infrastructural services and,

or public works in line with the approved plans

for the management of the Park, and on

condition that the works and any ancillary

parking, placing or driving are strictly confined

to the site approved for the works; or

(iii) law enforcement and keeping of good order

Provided that in all cases, the person shall still

be liable for any direct, indirect or consequential

damage to the Park;

(b) camp outside designated areas as indicated from time

to time by the Board;

(c) kindle or attempt to kindle a fire for entertainment

purposes, including and not limited to fireworks,

bonfires, barbecues, and camp-fires outside designated

areas as indicated from time to time by the Board,

provided that this provision does not apply to a person

who kindles

(i)

a fire directly connected with or necessary for

the management of the Park, with prior approval

of the Park Manager; or

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

dwelling or a controlled fire on existing

cultivated land for the purpose of cultivation and

related maintenance insofar as these are not in

conflict with the management plan provisions

for the Park

Provided further that in all cases, the person

shall still be liable for any direct, indirect or

consequential damage to the Park;

(d) hold an organized operation or activity or work, of a

commercial nature or otherwise, other than walking

and cycling on designated footpaths and educational

tours organised by the Park Manager and subject to

other permits needed, involving more than twenty (20)

persons;

(e) effect or place any temporary installation or facility

for the purpose of organized operations or activities or

work;

(f)

hold any organised filming activity or similar

operations or activities taking place outside designated

areas as indicated from time to time by the Board;

(g) remove any stones, pebbles or sand from the beach or

the sand dunes except as part of the management of the

Park under the direction of the Park Manager;

(h) move, remove, shift or damage any equipment used for

the management of the park, including any signs,

barriers, waste collection facilities, or beach safety

equipment;

(i)

cause damage to the Park and its biodiversity.

(10) The provisions of these regulations shall apply without

prejudice to the provisions of any other related regulations, and do

not exempt any person including the Park Manager from complying

with any restrictions, prohibitions, and permit requirements that

may be applicable. The Park Manager shall be responsible for

ensuring that such regulations and requirements are duly complied

with at all times to the satisfaction of the competent authorities.

The Park Manager may issue a permit prior to the carrying

out of any prohibited activity included in regulation 3 provided that

such permits are without prejudice to the related regulations and

other permits, authorizations, licenses or clearances requested by

law.

Falconry may be practised within the Park in line with the

p r o v i s i o n s o f t h e C o n s e r v a t i o n o f Wi l d B i r d s ( F a l c o n r y )

Regulations

Provided that, no person shall be in possession or control of a

wild bird or a wild rabbit, whether dead or alive, whether whole or in

part, anywhere in the Park outside the hours during which falconry is

permitted.

(1)

Any person who -

(a) fails to observe the provisions of these regulations or

of any other lawful order given by virtue of any

provision of these regulations; or

(b) infringes any restriction, prohibition or need imposed

by these regulations or by virtue thereof; or

(c) fails to observe any condition of a permit or consent

granted under the provisions of these regulations; or

(d) acts in contravention of any provision of these

regulations; or

(e) makes a statement or presents information or

documentation, which such person knows to be false,

for the purpose of obtaining the approval of a permit or

derogation in line with these regulations; or

(f)

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 from complying with any one of

these provisions, including any lawful order given by

virtue of any provision of these regulations, or to

infringe any restriction, prohibition or need imposed

by these regulations or by virtue thereof,

shall be guilty of an offence against these regulations.

(2) The provisions of the Conservation of Wild Birds Regulations

shall apply mutatis mutandis to any person who commits an offence

under sub-regulations (1) to (8) of regulation 3, and the punishments

contemplated therein shall, on conviction, apply.

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

against any other regulation not mentioned in last foregoing sub-

regulation shall be liable

(a) on first conviction, to a fine (multa) of not less than

four hundred euro (€400) but not exceeding fifty

thousand euro (€50,000);

(b) on a second or a subsequent conviction, to a fine

(multa) of not less than six hundred euro (€600) but

not exceeding sixty thousand euro (€60,000), or to

imprisonment for a term not exceeding two years, or to

both such fine and imprisonment.

(4) Any person found guilty of committing an offence under

these regulations shall, in addition to the penalties prescribed in the

last foregoing sub-regulation, be liable to all applicable penalties

and measures by way of civil liability, and the Court shall order

(a) the payment of the full expenses incurred by the public

entities and, or other persons acting on their behalf in

the implementation of these regulations, for

remedying, to the satisfaction of the Park Manager, the

damage caused to the Park as a result of the

commission of an offence under these regulations;

(b) the payment of any other expenses incurred and, or the

implementation of mitigation measures, that may be

reasonably required to contain or prevent the impact of

an offence committed under these regulations; and

(c) the payment of the value, that shall be liquidated by

the Court, of any irreparable and irrevocable loss or

damage to the environment, biological diversity,

landscape, natural heritage or cultural heritage, as may

be relevant to these regulations

Provided that any such fines do not together exceed the

limits imposed by the Act.

(5) The Court shall order any person found guilty of

committing an offence under these regulations to remove the causes

of the offence and to undo anything which was committed without

the requisite permits within a time sufficient for the purpose, but in

any case not exceeding three months from the date of judgment, to

be fixed by the Court and, if the offender fails to comply with any

such order within the time so fixed, such person shall be liable to a

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

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

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

offences against these regulations, so however that the

disqualification from holding or obtaining a license, permit,

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

(7) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

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.

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

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

of Criminal Appeal from any judgment given by the Court of

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

of proceedings for any offence against these regulations.

(1) The provisions of these regulations shall not apply in

cases of defence and national security, public safety and health,

salvage operations and the investigation of offences provided that

all reasonable measures are taken to avoid unnecessary

environmental damage.

(2) The provisions and conditions laid down in these

regulations shall be without prejudice to the Conservation of Wild

Birds Regulations to the extent that the latter are not inconsistent

with these regulations, in which case, and to the extent of the

inconsistency, these regulations shall prevail.

MAJJISTRAL NATURE AND HISTORY PARK SITE