ACTION ON ILLEGAL DEPOSIT OF MATERIAL ON LAND AND ILLEGAL RECLAMATION OF LAND REGULATIONS

AND ILLEGAL RECLAMATION OF LAND

SUBSIDIARY LEGISLATION 552.29

ACTION ON ILLEGAL DEPOSIT OF MATERIAL ON

LAND AND ILLEGAL RECLAMATION OF LAND

REGULATIONS

23rd April, 2019

LEGAL NOTICE 83 of 2019.

The title of these regulations is the Action on Illegal

Deposit of Material on Land and Illegal Reclamation of Land

Regulations.

(1)

In these regulations, unless the context otherwise

requires

"afforestation" means the planting of trees or vegetation on non-

forested land;

"the Act" means the Development Planning Act or the

Environment Protection Act as the context may require;

"the Authority" shall have the same meaning as that assigned to

it by the Act;

"contravener" means any person who has been notified with an

enforcement notice which has been rendered executable, or a stop and

compliance order, where such enforcement notice or order relates to

the illegalities specified in regulation 3;

"inert waste" shall have the same meaning as that assigned to it

in the Waste Regulations;

"invasive alien species" shall have the same meaning as that

assigned to it in the Flora, Fauna and Natural Habitats Protection

Regulations;

"protected area" means any area protected through the

Environment Protection Act, or scheduled for ecological and scientific

reasons under the Development Planning Act.

(2)

In these regulations, words and expressions defined in

the Act shall have the same meaning as assigned to them in the Act.

These regulations shall apply to any land subject to

enforcement action, issued prior or after the entry into force of the Act

or prior or after the entry into force of these regulations, which

enforcement action relates to any illegality which constitutes, or refers

to:-

(a)

land rendered derelict to the extent of constituting

an injury to amenity, provided that such illegality appears on

AND ILLEGAL RECLAMATION OF LAND

the Authority’s aerial photographs of the year 2012 but does not

appear on the Authority’s aerial photographs of the year 1994;

or

(b)

the illegal deposit, dumping or tipping of any

material on any land, provided that such illegality appears on the

Authority’s aerial photographs of the year 2012 but does not

appear on the Authority’s aerial photographs of the year 1994;

or

(c)

the illegal reclamation of any land, provided that

such illegality appears on the Authority’s aerial photographs of

the year 2012 but does not appear on the Authority’s aerial

photographs of the year 1994. Where the illegal reclamation of

land appears on the Authority’s aerial photographs of the year

1994 and the Authority’s aerial photographs of year 2012

confirm that further illegal reclamation of land took place after

the year 1994, the Authority shall have the right to execute the

necessary action in terms of these regulations both in relation to

the illegal reclamation of land which appears on the aerial

photographs of the year 1994 as well as any illegal reclamation

of land which took place subsequent to that year and which

appears on Authority’s aerial photographs of year 2012.

Land subject to enforcement action relating to any

illegality specified in regulation 3 shall be regenerated either by being

restored to its original state or afforested. The Environment and

Resources Authority shall identify the most suitable regeneration

method for land subject to enforcement action as specified in regulation

3, and where the site is of cultural value it shall consult the

Superintendence for Cultural Heritage.

(1)

The Authority shall order the contravener to

prepare a method statement, according to the terms of reference in the

Schedule, for the restoration of the land to its original state, or

afforestation as relevant, to the satisfaction of the Environment and

Resources Authority, and where the site is of cultural value, to the

satisfaction of the Superintendence of Cultural Heritage. The

Environment and Resources Authority and the Superintendence of

Cultural Heritage shall have the right to request the method statement

to address other issues over and above those defined in the Schedule.

(2)

The Authority shall duly notify the contravener, in terms

of the Act, of the requirement to submit a method statement in terms of

sub-regulation (1). The Authority’s notification shall specify the

requirements and the terms of reference for the proposed method

statement, which shall also include those as requested by the

Environment and Resources Authority and the Superintendence of

Cultural Heritage, and the time-frame within which such method

statement is to be submitted by the contravener to the Authority.

AND ILLEGAL RECLAMATION OF LAND

(3)

A method statement submitted in terms of sub-regulation

(2) shall be endorsed by the Environment and Resources Authority and

where applicable the Superintendence of Cultural Heritage

Provided that the same method statement fully addresses

all the requirements laid down in the terms of reference notified to the

contravener in accordance with sub-regulation (2). In its endorsement,

and without prejudice to any other legislation, the Authority may

impose any additional requirements or conditions it may deem fit to

impose.

(4)

The contravener shall be duly notified in terms of the Act

of the endorsed method statement. The date of notification of the

endorsed method statement shall be deemed to constitute the date upon

which the works specified in the same method statement are to

commence.

(1)

In those cases where the contravener:-

(a)

fails to submit the method statement within the

time-period imposed by the Authority in accordance with

regulation 5(2) and consequently the same method statement is

prepared by the Authority; or

(b)

submits a method statement which is not to the

satisfaction of the Environment and Resources Authority and,

where applicable, the Superintendence of Cultural Heritage; or

(c)

fails to execute the necessary works authorised by

the Authority in the endorsed method statement or fails to

complete such works within the time-frame imposed in the

endorsed method statement; or

(d)

executes works in a manner which is not in

accordance with the terms and conditions of the endorsed

method statement,

the Authority, without prejudice to other legislation, shall have

the right to exercise all powers conferred to it by the Act so as

to enter the land in question and execute all the works necessary

in order to implement the method statement to the satisfaction

of the Environment and Resources Authority and the

Superintendence of Cultural Heritage.

(2)

In cases where the land subject to enforcement action

refers to an unknown owner and occupier or land which is Government

property and subject to enforcement action which refers to an

unknown occupier, the Authority shall be responsible to prepare the

appropriate method statement and shall have the same powers

conferred to it in terms of sub-regulation (1).

AND ILLEGAL RECLAMATION OF LAND

(3)

The Authority shall supervise the work and certify

compliance in relation to the works carried out.

(4)

The Authority may, without prejudice to any other

legislation, also impose an administrative fine on the contravener,

which fine shall be calculated on the basis of the estimated expenses for

the maintenance of the land for the first five (5) years by the Authority

in terms of sub-regulation (1).

(5)

The costs imposed upon the contravener in instances of

non-compliance with these regulations shall include all expenses

incurred by the Authority

(a)

planning;

(b)

procurement;

(c)

ground preparation;

(d)

uprooting of alien species, if any;

(e)

planting;

(f)

irrigation;

(g)

weeding;

(h)

beating up;

(i)

staking of trees; and

(j)

any other operation necessary

for

the

successful

implementation of the method statement.

(1)

Where a site is afforested and the afforestation is

not suitably maintained, or else material is deposited illegally on any

land after the entry into force of these regulations, the Authority shall

notify the Government of any such breach and the Government may

proceed either to

(a)

terminate the occupancy agreement to which the

land is subject, if the land in question is a Government owned

land; or

(b)

expropriate the land, if the land in question is a

privately owned land; and this in order to ensure that the relative

afforested land is suitably maintained and, or the relative land is

protected from further illegal deposit of material.

(2)

Following action taken under sub-regulation (1) the

Minister responsible for the environment may enter into a guardianship

deed in line with the Environment Protection Act.

AND ILLEGAL RECLAMATION OF LAND

Schedule

Outline Requirements and Terms of Reference

for the Method Statement

1. Outline Requirements

1.1

Use of Trees and other vegetation

(a)

Trees and vegetation used for the rehabilitation

shall be indigenous species which are native to

the area/site concerned and compatible and

appropriate to the adjacent habitats. The method

statement shall indicate the species, in Latin,

Maltese and English names; the number; and the

approximate location of the relative trees and/or

vegetation.

(b)

The choice of species shall be guided by the

policy document "Guidelines on Trees, Shrubs

and Plants for Planting and Landscaping in the

Maltese Islands" of the year 2002 as amended,

and the "Guidelines on managing non-native

plant invaders and restoring native plant

communities in terrestrial settings in the Maltese

Islands (MEPA, 2011)", as amended or any other

related approved document. If any alien invasive

species are already growing on site, these must be

uprooted and destroyed as part of the

rehabilitation procedures. Such works are to be

undertaken in a manner to prevent further damage

to the environment and reduce the possibility of

re-sprouting of invasive alien species.

2. Terms of Reference

The method statement is required to identify how the

interventions to re-instate a site should be carried out with the

least possible damage on the site and its surroundings. The

likely environmental impacts of the interventions and mitigation

measures should be included in the method statement. The

method statement shall include the following basic information

in addition to other specific site re-instatement and ecological

requirements as determined by the Environment and Resources

Authority on a case-by-case basis

A.

Organization and responsibilities

Proposed project management arrangements during all phases of

the development are to be presented in the document, which

should include the following

AND ILLEGAL RECLAMATION OF LAND

(a)

the description of the timing of the works defining

the expected duration of the whole project,

including start date and end date, and for each

respective phase;

(b)

an identification and contact details of the site

manager (as approved by the Environment and

Resources Authority) that shall be responsible for

overseeing the completion of works in accordance

with the method statement on behalf of the

responsible party;

(c)

a description of how the progress of works will be

monitored and recorded, e.g.: photographic means

(before, during and after). After the completion of

works, a copy of the photographs shall be

submitted to the Environment and Resources

Authority for record-keeping purposes; and

(d)

a description of the maintenance of the trees and

vegetation planted on site covering a period of five

years, including any maintenance agreements

entered into by the person/entity carrying out the

afforestation. This shall consider appropriate

watering, pruning, de-weeding and any additional

interventions that may be required to ensure

proliferation of the trees and vegetation planted as

part of the afforestation.

B.

Description of site and its surroundings

(a)

a site plan including a clear outline of the extent

of the site boundary and surrounding area(s)

which may be affected;

(b)

details, including maps and drawings, are to be

provided of the site topography, geology and

hydrology, as well as natural habitats/ecology and

other natural features within (or under) the site

and its surrounding area of influence;

(c)

details of any other trees, vegetation or natural or

other feature to be affected by the proposed works,

such as retaining walls, topography and other

relevant site characteristics; and

(d)

a description of the material currently or

historically dumped or deposited on site or spilling

over from it, including details of any likely

pollution or contamination on, under or around the

AND ILLEGAL RECLAMATION OF LAND

site, as a direct or indirect result of such dumping,

deposition or spillage.

C.

Description of works

(a)

a site plan indicating the location of the material,

interventions and/or illegalities to be removed;

(b)

a description of the nature of the material,

interventions and/or illegalities to be removed;

(c)

a description of the interventions that are required

to remedy environmental damage and to re-

instate/rehabilitate the site in particular, but not

solely limited to the following, as may be

relevant

(i)

plans, elevations and sections detailing

the proposed operations/works to be

undertaken and any other interventions (if

relevant);

(ii)

a list of machinery (including vehicles)

and/or tools to be deployed and for each

machinery/tool the intended use;

(iii)

a description of how the site is going to be

accessed (including travel routes to and

form the site, and/or within the site) and

how any machinery and/or tools shall be

brought on site and subsequently

removed - both for demolition and carting

away of material;

(iv)

a site plan indicating where machinery

(including vehicles), equipment and /or

tools shall be kept once works are in

progress;

(v)

a site plan indicating which areas shall be

cordoned off before, during or after the

required works and for which purpose;

(vi)

a description of the type of hoarding to be

employed for cordoned off areas;

(vii)

a description of how the offending

material is to be removed from site and

the location of its final disposal and/or

other recovery operations. In the case of

temporary storage and/or deposition of

AND ILLEGAL RECLAMATION OF LAND

the offending material prior to its removal,

a site plan indicating which area shall be

utilised for such purpose is to be provided;

(viii)

a list of mitigation measures to ensure that

no spillage of material due to agents such

as wind, runoff, wave action, subsidence

or collapse, anthropogenic factors, or a

combination of the foregoing factors

occurs during any phase of the project;

(ix)

an indication of any species to be planted

in connection with the works, also taking

into account the habitat previously

existing on site prior to the illegal

reclamation or degradation as well as the

surrounding natural habitats;

(x)

any mitigation measures deployed to

contain as much as possible any murkying,

silting, smothering, scouring and pollution

of any features, habitats and water bodies

(terrestrial, underground or marine)

located further downslope or downstream;

(xii)

a list of mitigation measures to ensure that

no deleterious impacts to the natural and

physical environment occurs during any

phase of the project, in particular to ensure

that no trampling, disturbance, mechanical

damage and/or spillages or leakages of

fuels, oils or other substances occur;

(xiii)

any additional measures (e.g. finishing

works) that will be undertaken to restore

the site as much as possible to a pristine

natural condition;

(xiv)

clarification of any additional conditions

required to ensure recovery of the site

environment

and/or

to

prevent

deterioration or degradation of the site and

its surrounding environment both during

and after the works;

(xv)

an undertaking by the contravener to

notify the Authority at least three weeks in

advance of any changes in the work

schedule in the approved method

statement;

AND ILLEGAL RECLAMATION OF LAND

(xvi)

an undertaking by the contravener not to

carry out any works unless under the

supervision of officials from the

Authority or other persons acting under

the Authority’s instructions;

(xvii)

identification of which parts of the

proposed works or interventions require

prior authorisation from the Environment

and Resources Authority under the

respective environmental regulations;

(xviii) a contingency plan to prevent accidental

risks of environmental damage from the

proposed works or interventions.