ENVIRONMENTAL MANAGEMENT CONSTRUCTION SITE REGULATIONS *

SUBSIDIARY LEGISLATION 552.09

ENVIRONMENTAL MANAGEMENT

CONSTRUCTION SITE REGULATIONS *

1st November, 2007 †

LEGAL NOTICE 295 of 2007, as amended by Legal Notices 358, 371

and 426 of 2007; Act XV of 2009; and Legal Notice 426 of 2012.

PART I

Preliminary

The title of these regulations is the Environmental

Management Construction Site Regulations.

L.N. 358 of 2007;

Regulation 7

Reducing Nuisance to Neighbours

1. Three weeks before any construction work commences which will

take longer than four weeks to complete, the owner shall ensure that there

shall be erected on the street boundary of the site a permanent A2 sized

notice board, as specified below, on which shall be affixed, and suitably

protected from the weather, the development permit number, the particulars

of the "Owner", "Site Manager" and "Perit" in charge and the contractor or

contractors including their telephone numbers. A template of such notice

can be obtained from the Ministry or its designated entity or downloaded

from the Ministry’s web site or that of its designated entity. The details on

the notice board must be legible from the road level with a minimum font

size of 100 point. Such notice board shall be maintained in good condition at

all times until all works on site are completed or until such time as deemed

appropriate by the Authority. Such notice shall also include

the start date; and

a.

a contact number.

b.

If the site is larger than 1,000 square metres, or has a frontage bordering

any road or roads in excess of 25 metres, such information shall be

displayed on a billboard which must be at least 1.5 metres by 2.5 metres, and

shall also include dates of completion of the principal stages of the project.

This billboard shall be placed in such a way that it does not obstruct or

hinder the safety and easy flow of traffic pedestrians and general public.

Moreover a copy of the development permit and its renewal or renewals, if

any, together with copies of all plans and elevations as approved, shall be

kept on site and the same shall at all reasonable times be available for

inspection and use by the Enforcement Officers.

Environmental Management Construction Site Regulations

Template for Notice Board / Billboard as stipulated by Schedule I, paragraph 1

DEVELOPMENT TITLE

PERMIT NUMBER

CONSTRUCTION

COMMENCEMENT

DATE

NAME OF SITE

24 HOUR

NUMBER

LEAD CONTRACTOR

Insert

name

of Insert

name

of Insert

name

of

CONTRACTORS

contractor 2

contractor 3

contractor 4

PERIT/FIRM OF PERITI

OWNER

OHSA Health & Safety Officer

Address & Contact Details

Address & Contact Details

Contact Details

In case of difficulty kindly contact the Local Council on telephone number

2. Cutting of stones and bricks may be allowed on site.

Provided that

all machinery and tools not listed in Schedule IX shall be

a.

equipped with dust extraction and recovery systems, to ensure

that dust is not dispersed onto public areas and third party

property; in combination with either of the provisions of

subparagraphs (b) or (c) below;

upon roofing of the lowest floor of the structure, all

b.

mechanical cutting of stone and brick cutting shall take place

within the building and all external apertures are to be boarded

up with an impermeable material;

stone and brick cutting is carried out in a temporary enclosed

c.

impermeable structure erected on the construction site.

Transportation

3. Screed sand and other loose building materials shall be transported,

and deposit of deposited and stored on site in rigid containers with suitable covers or

loose building flexible sturdy containers that can be appropriately sealed, which material

can support the weight being contained, to permit the total enclosure of such

materials at all times and which shall be kept sealed when not in use.

4. Without prejudice to any other law, no building material, waste,

machinery or plant shall be allowed to obstruct the pavement or the smooth

flow of traffic in the vicinity of the site on which works are in progress or

complete. Depositing of building materials for loading or unloading

purposes and placing of equipment in the street along the frontage of the site

has to be authorised by the Local Council at the time responsible for such

authorisation.

5. Without prejudice to any other law and in addition to the

requirements emanating from the work place (Minimum Health and Safety

Requirements for work at Construction Sites) Regulations, where a hazard

to vehicular traffic on a public way is created by work on, or associated

with, the site building works, one or more of the following shall be provided

to direct the traffic as is considered appropriate and is approved by the

respective Local Council, and where appropriate the Authority for Transport

in Malta

one or more law enforcement officers;

a.

warning signs;

b.

barriers;

c.

lane control devices; and/or

d.

flashing lights or flares located at a suitable distance from the

e.

hazard.

When there is no agreement between the respective Local Council and the

Authority for Transport in Malta the decision of the competent authority as

defined by local legislation shall prevail.

Moreover only signs as indicated in the Traffic Signs and Carriage Way

Markings Regulations are allowed.

6. Adequate facilities and measures shall be undertaken to ensure that

clean the site. the site and its immediate vicinity are kept clean.

any trash or debris shall be contained on site and disposed of

a.

in closed waste receptacles to avoid wind, rain or any other

movement related to the construction process from carrying it

off site into any public area;

the construction activity shall not create any discharge of

b.

cleaning agents, paints, oil, other pollutants or hazardous

waste to public areas or into the sewerage system, or into the

sea;

the immediate mopping up of spills;

c.

street sweeping or washing or vacuuming;

d.

concrete or mortar mixers wash out pits and chemical holding

e.

areas are to be located away from areas that drain to systems

and waterways or third party property; and

prior to any vehicular movement from within the site to any

f.

public area, all wheeled plant shall be obliged to have their

tyres washed of any material, dirt, grime or any other material

that may be carried out into the public area and deposited

thereon.

Rodent control.

7. All necessary requirements need to be undertaken for initial

deratting and subsequent rodent control at construction sites to the

satisfaction of the competent authority.

The following minimum measures are to be undertaken

preventing any discharge of sewage and, or, the closing off of

a.

any access to the main sewer;

organic waste shall be disposed off immediately so as not to

b.

allow rodents to infest the site; and

installation of rodent monitoring (bait/trap) stations at the site

c.

perimeter and storage locations. Subsurface (manhole) baiting

may be necessary if utility systems are impacted.

These regulations have the scope of limiting environmental

de g r a d a t i o n t h r o ug h a p p r o pr ia te c o n s t r u c t i on m a na g e m e nt

practices that cause the least nuisance to neighbours, minimising

the risk of injury to the public, protecting the property belonging to

the Government and Local Councils, and as much as possible

reducing the harm to the environment. The provisions of these

Regulations shall in no way be construed as having any bearing on

the responsibilities related to construction sites emanating from

other legislative instruments.

(Regulation 6)

Hoardings for

1. For any building not exceeding 2 floors and a semi basement in

buildings less height from road level, it shall be mandatory to erect hoarding, made of

t h a n 7 m i n suitable rigid material that is free-standing and independent of the building

itself up to a height of 3 metres. Such hoarding shall be designed in a

manner that conceals the site and protects adjacent areas from the egress of

dust and from falling materials from within the site.

Hoardings for

2. For any building that is to be constructed over 3 floors in height from

buildings more road level, it shall be mandatory to erect hoarding, made of suitable rigid

t h a n 7 m i n material up to the full height of the building, Such hoarding shall, in the

absence of a nationally approved code of practice by the competent

authority, be designed in a manner that entirely conceals the site and

protects adjacent areas from the egress of dust and from falling materials

from within the site, provided that for tall buildings higher than 8 floors, as

an alternative to hoarding to full height, the hoarding is to be provided up to

the 8th floor and from the 9th floor upwards all windows and balcony door

openings are to be boarded up to prevent the egress of dust. For sites that are

recessed from the road, semi-detached or detached, such hoarding is to

enclose the whole of the site.

The hoarding shall, as a minimum, be erected in a manner that ensures

that it extends to at least one metre above the highest floor level within the

construction site as measured in the vertical plane.

In the instances where demolition activity is carried out the hoarding has

to be erected upfront to the full height of the building or as appropriate to

the competent authority to ensure public safety and the least inconvenience

to the neighbours. Hoarded structures should also be provided with an

adequate amount of interlocking waste chutes to deliver waste material from

any level within the construction site to the closest possible level of

destination of the waste receptacles without causing any inconvenience or

hazard to any person or third party property.

Moreover, a chute shall be

closed if it is inclined more than 45 degrees with the

a.

horizontal; and

be kept closed or covered at its entrance when not in use.

b.

3. Hoarded structures shall be constructed in timber or metal frame and

shall be covered with suitable mesh or material that precludes any visual

impact of the internal on-goings within the site.

Moreover

all hoarding screens must form a barrier against the egress of

a.

dust and debris from the construction site to the surrounding

environment;

hoardings are to be designed to withstand up to gale wind

b.

loads (Force 8 and above) with any anchorage as necessary to

prevent overturning and ensure stability. In addition hoardings

adjoining excavations are to be designed to withstand any

external impacts;

hoardings and barricades must be in good condition to fulfil

c.

their purpose;

all construction work must be contained within the hoarding;

d.

and

advertisements on the hoardings are allowed subject to

e.

advertising laws and regulations.

Operations that

4. Where construction work-related operations extend beyond, or

extend beyond, affect, the perimeter surrounding the construction site, work shall not

o r a f f e c t , t h e commence on the construction, alteration or demolition of a building until a

perimeter

covered way has been provided in accordance with the provisions of

s u r r o u n d i n g regulation 5 below to protect the public, except where

the

the work and ancillary machinery is carried out within a solid

a.

construction

enclosure; and

site.

the construction works and their ancillary machinery are at a

b.

distance of two metres or more from a public way used by

pedestrians.

Covered ways.

5. A covered way shall

have a clear height of not less than 2.2 metres;

a.

have a clear width of not less than 1.2 metres or the width of

b.

the public way whichever is the lesser, but sufficient to ensure

accessibility for pushchairs and the disabled. Ramps, suitable

for wheelchair access shall also be in place, where applicable,

to bridge any difference in levels with a slope not steeper than

8.5%;

include appropriate signage acceptable to the Authority or its

c.

designated authority and lighting in a manner that provides an

equivalent illumination as the prevalent street lighting, both

for the attention of pedestrians and motorists. Such signage

and lighting shall alert and direct motorists around any

obstruction whilst indicating alternative entry and exist routes

to pedestrians whilst providing sufficient lighting to enable

them to navigate through the walkway;

have non-slip floors and an even surface in line with national

d.

standards;

be designed and constructed to support safely all loads that

e.

may reasonably be expected to be applied to it, but in no case

less than 2.4 kN per metre squared on its roof;

have a weather-tight roof sloped towards the site, or if flat, be

f.

equipped with a splash board not less than 200 millimetres

high on the road side;

be totally enclosed on the site side with an enclosure having a

g.

smooth surface facing the public way;

have a finished metal or timber hand rail 1 metre high on the

h.

road side where the covered way is supported by posts on the

road side to support pedestrians navigating through;

be adequately lit between sunset and sunrise in a manner that

i.

provides an equivalent illumination as the prevalent street

lighting; and

ENVIRONMENTAL MANAGEMENT CONSTRUCTION SITE

be left free from any material or any other objects which will

j.

obstacle or hinder the free movement of pedestrians at all

times.

6. The owner shall erect a timber or metal barricades to block the way

and prevent access to unauthorised persons as stipulated in the following

sub-regulations

6.1 Barricades shall be strongly constructed and not less than 2

metres high and erected between the site and the public way or

to isolate completely the open sides of a construction site so as

to safeguard the public or third party moveable or immovable

property.

6.2 Barricades shall have smooth surfaces facing the public way

and shall be without openings except those required for

authorised access.

6.3 Access openings through barricades shall be blocked with

gates which shall be kept closed and locked when the entry to

the site is unattended and shall be maintained in place until

completion of the construction activity to the satisfaction of

the Authority. Such gates must be designed in such a manner

that prohibits public access, especially children.

6.4 Access gates into the site used by construction machinery

should have warning lights lit up during entry and egress of

such machinery or provision of banksmen to warn motorists or

the general public during passage of construction equipment.

7. The owner shall ensure a safe passage past the site.

7.1 Where the construction necessitates the obstruction of the

pedestrian pavement, and this is approved by the Local

Council, a temporary pedestrian pavement shall be provided

and it shall be kept clear of obstruction at all times.

In these regulations, unless the context otherwise requires

"the Act" means the Development Planning Act or the

Environment Protection Act as applicable;

"areas of high development intensity" means those localities

which are listed in Schedule VII;

"the Authority" means the Malta Environment and Planning

Authority or any other authority that may, from time to time, be

designated as having responsibility for these regulations;

"the Commissioner" means a Commissioner for Justice in terms

of the Commissioners for Justice Act;

"construction" includes works, activities, events and practices

for, or in connection with, the building, alteration, renovation,

finishing, demolition, excavation or removal within any site or

building within any type of construction works as defined in

Schedule Vl;

"construction site" means a site where construction is being

carried out whether it is public or private land;

"contractor" means an individual, partnership, company, or any

other legal entity who is engaged to perform any type of

construction works or related services by an owner on a

* These Regulations have been repealed by Legal Notice 341 of 2022.

†By virtue of Legal Notice 296 of 2007, all the provisions of these regulations, other

than Schedule III section 1(b) and Schedule IV section 1(a) and (b), are in force in

relation to Type A and Type B developments listed in Schedule VI.

construction site;

" C o u r t " i n cl u d e s a L o c a l Tr i b u n a l e s t a b l i s h e d u n d e r t h e

Commissioners for Justice Act;

"emergency" means an unexpected situation, or a sudden,

unforeseen happening which requires immediate action to correct

in order to protect lives and, or property and, or economic

livelihood;

"footprint" means the space contained within the external walls

of a building at ground floor level, including internal yards, shafts,

terraces or courtyards totally enclosed or surrounded by the

building, but excluding terraces, backyards, yards and pool decks

not totally enclosed or surrounded by the building;

"Government" means both the Government of Malta and Local

Councils established under the Local Government Act;

"hazardous material" is any item or agent (biological, chemical,

physical) which has the potential to cause harm to humans, animals

or the environment either by itself or through interaction with other

factors as defined in local legislation;

"hoarding" means a temporary structure enclosing a construction

site during construction works, to restrict access and provide

protection to the public;

"immediate vicinity" means the area within thirty metres from

any site, and includes the footprint of the site in question, referred

to in regulation 12 and where by way of irregular construction site

m anagement demeans the social, hi stori c or environmental

importance of the site or area referred to in that regulation;

"Joint Committee" has the same meaning as that in the Local

Government Act;

"Local Council" has the same meaning given in the Local

Government Act;

"locality" has the same meaning given in the Local Government

Act, and includes, for the purpose of these regulations, arterial and

distributor roads and all other areas excluded from the competence

of local councils under the same Act;

"the Minister" means the Minister responsible for the

Environment or that Minister who may, from time to time, be

designated as having responsibility for these regulations;

"the Ministry" means the Ministry responsible for the

Environment;

"nuisance" means any act, omission or thing which is visually

offensive or causes smells or noise, or occasioning or likely to

occasion injury, annoyance, offence, harm, danger, or damage of

whatever nature, or whi ch is or is likely to be inju rious or

dangerous to health or the environment or buildings;

"offender" means that person or legal entity to whom a citation

has been issued;

"officer" means any person authorised by the Minister to issue

charges related to these regulations and shall include

(a) a Police officer; and

(b) an Enforcement Officer, Community Officer or any

other person appointed by the Minister, or his

delegated authority, to carry out the enforcement of

these regulations as established under the

Development Planning Act;

"owner" shall have the same meaning as that construed in the

Development Planning Act;

"private property" includes any land, whether developed or

otherwise, or any other permanent structure whose ownership is

vested in a private person or entity;

"public property" includes any place to which the public has

access;

“site manager” means a person carrying out the duty or duties

derived from the provisions of these regulations. Such person shall

be nominated by, and responsible on behalf of, the owner for

ensuring the correct implementation of these regulations.

The appointed site manager may be either of the following

(a) the owner himself;

(b) the project supervisor as construed in the work place

(Minimum Health and Safety Requirements for Work

and Construction Sites) Regulations;

(c) a Perit as defined under the Periti Act; or

(d) any other competent person;

"stop notice" shall have the same meaning as that construed in

the Development Planning Act;

"street" includes any road, alley, square, footpath, pavement,

bridge, shore front, quay, or other place of public passage or

access;

"tourism zone" shall refer to those areas defined by the

competent authority responsible for tourism as tourism zones.

(Regulation 5)

Reducing Pollution

1. The permissible hours of work for construction works where noise

generated from that activity can be heard from outside the site boundary will

be as follows

(a) Construction shall not commence before 7.00 am and shall

cease at 8.00 p.m.

(b) Site activities generating more than 65dB measured

immediately outside the site shall cease between 2pm and

4pm.

(c) During the period between 15th June and 30th September,

demolition works or excavation shall not be allowed in

tourism zones as may from time to time be defined by the

competent authority for tourism.

(d) No construction work shall be carried out on Sundays and

Public Holidays.

(e) In the case of emergencies construction works may take place

at any other time whilst it shall be mandatory to inform the

Authority during its first hour of subsequent business.

(f)

Any deviations from the provisions of paragraphs (a), (b), (c),

(d) and (e) shall require the approval by the Authority and

may require the setting of specific conditions for such works.

Deviations for works in tourism zones shall also require the

clearance of the competent authority responsible for tourism.

(g) Where the clear distance from the nearest habitable space

exceeds 1 kilometre, construction shall not be subject to any

of the aforementioned constraints.

2. No person shall undertake any construction without utilizing the

following dust control measures

application of water or pre-soaking and/or, chemical dust

a.

stabilizers or any other appropriate dust control technique,

during construction in such a manner as to limit any

generation of dust to within the site boundary;

prior to leaving the site the owner must on a daily basis

b.

remove any spillages resulting from the construction activity

along or across a public way;

prior to leaving the site, the owner must ensure that on a daily

c.

basis public sidewalks and public areas within 10 metres from

either side of the extremities of the construction site including

sidewalks and roads are swept or vacuumed; and

paint chips, sanding residue, grit and dust must be prevented

d.

from coming into contact with storm-water runoff and surface

water bodies.

3. Without prejudice to any other law, any person undertaking any

sanding activity whether manual or mechanical shall ensure that dust

emissions are controlled by equipping all mechanical equipment with dust

extraction and recovery systems; in combination with

(a) for outdoor areas - all areas be totally covered around the

whole working area with material that must form a barrier

against the emission of dust or particulate matter into the

environment;

(b) for indoor areas - all external apertures must be boarded with

an impermeable material that must form a barrier against the

escape of fugitive dust emissions outdoors prior to

commencing any sanding operations.

4. Mechanical fair facing of building stones is not permitted on site.

5. Adequate facilities and measures shall be undertaken to ensure that

clean the site. the site and its immediate vicinity are kept clean at all times during

construction.

These regulations apply to any construction, water mining,

or any other disturbances to the soil, including land clearing,

scraping, ground excavation, land levelling, grading, cut and fill

operations, and ancillary activities that include travel to the

construction site, travel on access roads to and from the

construction site and demolition activities.

PART II

General Conditions

(Regulation 7(g))

Technical Guidelines and Site Preparation

1. The level of noise emitted from any construction site shall

(a) respect the levels as established by the Work Place (Minimum

Health and Safety Requirements for the Protection of Workers

from Risks resulting from Exposure to noise) Regulations, at

any point measured immediately outside the site retaining the

methodologies established by the said regulations in respect of

weekly noise exposure level and daily noise exposure level.

Any measurement shall follow prescribed standards as

approved by the competent authority responsible for issuing

such standards. Should a locally approved standard not be

available, an equivalent standard to the satisfaction of the

appropriate competent authority shall apply.

(b) Moreover to minimise noise and vibration levels all

equipment must have functional exhaust or muffler systems.

(c) Unnecessary noise, such as leaving noisy idle machinery

operating, shouting, loud radios or excessive revving of

engines shall be avoided.

2. The owner must ensure that the following health and hygiene

provisions are adhered to

2.1 Removal of waste material

The clearing away of waste material shall be carried out in a routine

manner, quickly and effectively, and shall be

carried out in a manner that does not cause any damage or

a.

spillage to public areas or third party property;

carried out using receptacles that are fully enclosed or using

b.

open skips which are securely covered with canvas or any

other material which would not allow the dispersal of dust

particles or the waste being handled and that does not permit

any spillage thereof; and

guided into an enclosed shaft or chute conforming with

c.

regulation 2 outlined in Schedule II.

All waste material shall be removed from the immediate vicinity of the

site by the owner and suitably disposed of daily unless the Site Manager can

provide sufficient reasons to the Authority to justify an extension of this

period.

2.2 Hazardous material

Notwithstanding any provisions governing any other law regulating

hazardous material, where a hazardous material is utilised on site

measures are taken to properly store and isolate any hazardous

a.

material to prevent contamination of the site and surrounding

sites, storm water and the potable water courses particularly

with regards to hazardous wastes which are water soluble or

may become airborne;

where hazardous material is stored on site there shall be

b.

erected on the street boundary of the site, adjacent to the

notice board or billboard defined in Schedule I paragraph 1, an

A4 sized caution sign indicating the presence of hazardous

waste on site.

2.3 Point Source Pollution from Storm Water

In order to ensure that the site under construction does not become a point

s o u r c e o f p o l l u t i on du e t o t h e s ur f a c e r u n o ff i t g e n e r a t e s d ur i n g

construction, the following minimum prevention measures shall be

undertaken accordingly in order to mitigate against circumstances such as

the

contamination of road surfaces with particulate matter that is

a.

washed out from within the site;

clogging of any public or private storm water drains with

b.

suspended solids washed out from within the site;

wash out of hazardous waste and non-hazardous material to

c.

the marine environment;

wash out of hazardous waste onto permeable land; and

d.

any other form of pollution caused from the storm water run

e.

off generated from the construction site.

Owners are therefore obliged to ensure that the site is equipped with the

necessary collection sumps and pumps that enable any water discharged

within the site to be collected and pumped there, avoiding the spillage of

such waste water onto public or private areas.

For the purpose of enabling adherence to these regulations,

the temporary provision of water meters may be provided, by a

licensed operator of a public water distribution network, only to

sites where the owner has written confirmation from the Authority

that the construction site is subject to a valid building permit.

PART III

Other Conditions

Amended by

L.N. 426 of 2007.

(Regulation 14)

For the purposes of Regulation 14, the bank guarantee shall be computed as

For construction works consisting of the

Length of frontage (meters) multiplied

addition of one or more floors covering

by ]46.59

more than 50% of the building footprint

on existing developments

For construction works involving

(length of frontage in m etre s plus

demolition and/or excavation works and

twenty meters) multiplied by ]46.59

additional floors

At the start of each calendar year, the value of ]46.59 in this Schedule shall be

revised by multiplying by a factor equivalent to RPI (for December of the preceding

year )/RPI(December 2007).

(1) The provisions of these regulations shall be applicable

to all construction works which are not exempt in Schedule VI and

as may be brought into force by the Minister in part or in whole.

(2) Where there is conflict between, these regulations and a

construction management plan duly approved by MEPA and, or

c o n d i t i o n s s e t b y M E PA i n t h e d e v e l o p m e n t p e r m i t , t h e

Construction Management Plan shall prevail.

Amended by

L.N. 358 of 2007;

(Regulation 1)

L.N. 371 of 2007.

All construction works for buildings that equal or exceed any one of

shall refer to

the following criteria

a built-up footprint which is or will be upon construction

a.

more than 1,000 sq. m.; or

a height of 4 storeys, excluding the penthouse and the

b.

basement, or more measured from the lowest point of the

street level bordering the construction works; or

construction sites having excavations more than 2 storeys

c.

below street level.

02 Type B

All other construction works in areas of high development intensity.

shall refer to

03 Type C

All other construction works not included in Types A and B.

shall refer to

04 Exemptions

All construction works

carried that involve the trenching of ducts not exceeding 3

a.

metres in depth and which are to be used for the purpose

of installation of infrastructure related to the provision of

potable water, sewerage services, storm water discharges,

electrical energy and telecommunications

Provided that the above mentioned trenching works could

only be carried out in designated tourism zones as defined

by the Ministry responsible for tourism during the period

15th June to the 30th September upon approval by the

Ministry responsible for Tourism following consultation

with representatives of tourism establishments in the

affected area.

carried out in tourism zones which are granted an

b.

exemption from all or part of these Regulations by the

Ministry responsible for Tourism; and

falling under any other categories that may be from time

c.

to time established by the Minister under this Schedule are

exempted from these regulations.

Without prejudice to specific requirements set out in the

Development Planning Act, any owner carrying out or

commissioning construction works shall ensure that the work is

carried out in a manner that causes the least nuisance by ensuring

that the provisions included under Schedule I, II, III and IV are

adhered to.

(Regulation 3)

In terms of the definition of areas of high development intensity, as per regulation

3, the following localities are being designated as areas of high development

intensity, the boundaries of which are those that may prevail, from time to time, in

the Local Government Act.

1. Marsalforn within the locality of Zebbug Gozo

2. Marsascala

3. Mellieha

4. Sliema

5. St. Julians

6. St. Paul’s Bay

7. Swieqi

8. Gzira

9. Valletta

All streets or other public property, within a distance of 10

metres from the site, that are damaged by operations relating to

construction works shall be repaired or replaced by the owner to a

condition that is at least as good as that found prior to construction

and must be restored to their original condition with similar

materials and in accordance with any other regulations. Such limit

does not preclude any other obligation on the part of the owner to

make good for any other damages that extent beyond the 10 meter

distance and which are proven to be a direct consequence of that

construction activity. Any obstructions shall be removed when the

need for such obstruction is no longer required which shall include

any temporary signage put up during construction work.

Regulation 9(6)

Change of owner/Site

Manager in accordance with

the Environment Construction

Site Management Regulations

Development Application number

PA

(where applicable)

Description of works

Address of site

Original Owner

I ........................................... declare that as from today onwards, am not the owner

of the site indicated above and exonerate my self from any responsibility regarding

the management of this construction site, and according to the Environmental

Management Construction Site Regulations.

Signature ................................................

Date ....................................

ID No. ....................................................

Site Manager

For the purpose of regulation 9(1) I am appointing ...............................................

as Site Manager

Signature of original Owner ....................

Date .......................................

Signature of Site Manager ......................

Date .......................................

New Owner

I the undersigned, declare that as from today onwards am the new owner of the

construction site and am assuming responsibility as requested by the

Environmental Management Construction Site Regulations.

Signature of new Owner: ........................

Date .......................................

ID No. ..................................

PLEASE READ THE FOLLOWING CLAUSE BEFORE SIGNING

Data Protection clause

In terms of the Data Protection Act, Cap. 586, we will process any personal and/

or sensitive data supplied on/ in this application, request or notification form or

subsequently supplied by yourself, whether orally or in writing, for all or any of the

following

1. The proper processing of your application, request and/or notice as

submitted;

2. Preventing, detecting and/or prosecuting fraud and any other criminal

activity which the Authority is bound to report and/or act upon whilst

meeting any other specific legal or regulatory obligations;

3. Establishing, exercising or defending any legal action;

4. Internal management, research and statistics, systems administration,

the development and improvement of our services;

5. The protection and promotion of our legitimate interests and the proper

conduct of our obligations arising under any law or statutory

instrument; and

6. To make public the necessary information as specified in the relevant

law and/or instrument.

Relevant data will be disclosed or shared as appropriate with all our employees

and with other third parties if pertinent to any of the purposes listed above.

Every field on the form is mandatory. Should you fail to fill in any mandatory

field, we reserve the right to refuse the application. Should any field be inapplicable

to your particular circumstances please mark that field with the letters “N/A”.

You have the right to require that we provide you with access to your personal data

as well as the right to rectify, or, in appropriate circumstances, erase any inaccurate,

incomplete or immaterial personal data which is being processed. However, you are

required to inform us immediately of any alterations relating to your personal data

which we are processing.

By signing this form, you confirm that you are giving your explicit consent, in

terms of the Data Protection Act, on behalf of yourself and all the other persons

specified in this form for the Authority to process your respective personal

information as outlined above and you confirm that you have brought this Data

Protection notice to the attention of these other persons and obtained their respective

consents.

We undertake to implement appropriate measures and safeguards for the purpose

of protecting the confidentiality, integrity and availability of all data processed.

(1) The owner shall have the obligation to appoint a site

manager who shall be responsible, on behalf of the owner, to ensure

that the construction site and its construction activities are in

conformity with all the provisions of these regulations.

(2) The owner shall submit to the Authority together with the

commencement notice in the first instance and subsequently in

writing for any change of site manager

(a) the name of the site manager

(b) the site manager’s a legally valid identification

document number; and,

(c) a declaration of acceptance duly signed by the site

manager that he has undertaken to accept this role and

that he has read and understood the provisions of these

regulations.

(3) For the purposes of these regulations, the site manager shall

not be entitled to assume any of the responsibilities associated with

the profession of a perit as defined in the Periti Act, unless the

appointed site manager is a perit.

(4) The Minister may, from time to time, make specific

regulations to create a Register of Site Managers, to stipulate their

qualifications, Code of Conduct and programme of continuous

development.

(5) In the absence of a nomination for the appointment of a site

manager, the owner will ipso facto be deemed to be the site

manager for the purpose of these regulations.

(6) If the owner has changed because the construction site is

sold, or for any other reason, when construction works are still to

be carried out or are being carried out the original owner has the

duty to inform the Authority by completing Notice Form - Change

of Owner/Site Manager, in Schedule VIII, which form can be

obtained from the Ministry or its designated entity or downloaded

from the Ministry’s website or that of its designated entity, and

sending it by registered mail to the Authority or handing it in

person to the Authority within one month of the transfer of

ownership of the property. The same form should be duly signed by

the new owner as a declaration of acceptance of his responsibilities

as the new owner in terms of these regulations. Until such notice

form is received by the Authority the original owner would be held

responsible for any contravention to these regulations.

(7) If during the period of construction, the site manager

changes for whatsoever reason, he shall be obliged to inform the

Authority in writing. Until such notice is received by the Authority,

he would still be assumed to be the nominated site manager for the

construction site.

(8) The site manager shall be responsible, on behalf of the

owner, for ensuring that any permits, certifications, authorisations

or any such approvals required for any portion of the construction

works as required by the provisions of these Regulations are in

place and that any temporary structures used to implement the

provisions of these regulations to be duly certified for their

soundness.

PART IV

Enforcement

(Schedule I, regulation 2)

Band Saw

(1) Any person who contravenes any of the provisions

contained in Schedules I and, or III and, or IV shall be guilty of an

offence, and shall be liable, on conviction to a fine (multa) of not

less than two hundred and thirty-two euro and ninety-four cents

(€232.94) and not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (€1,164.69).

(2) Any person who contravenes any of the provisions

contained in Schedule II shall be guilty of an offence, and shall be

liable, on conviction, 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 eleven thousand and six hundred and

forty-six euro and eighty-seven cents (€11,646.87) for the offence

committed together with any fine under subregulation (1).

(3) The issue of a citation in terms of subregulations (1) and (2)

automatically are to be considered as an immediate instruction to

cease such behaviour and to conform to the provisions of these

Regulations. Should the offender fail to comply with these

R e g u l a t i o ns up o n be i ng i s s ue d w i t h a ci t a t i o n , h e s h a l l be

considered to be guilty of an aggravating circumstance and he shall

be liable to a fine (multa) of not less than fifty-eight euro and

twenty-three cents (€58.23) and not more than one hundred and

sixteen euro and forty-seven cents (€116.47), as the Commissioner

may fix, for every day the default continues from the date of issue

of the citation.

Without prejudice to the Act, or to any other law, any

person who by any means whatsoever, hinders or obstructs any

officer from the exercise of his powers and functions under these

regulations or fails to comply with any reasonable requirement

demanded of him by any such person as aforesaid or otherwise to

assist him in the carrying out of his duties or furnishes such person

with false information or neglects of refuses to give any

information required for the purpose aforesaid, shall be liable, on

conviction, to a fine (multa) of one hundred and sixteen euro and

forty-seven cents (€116.47).

(1) Where an offence is committed in one or more of the

sites listed in the next subregulation, the offender shall, on

conviction, be liable to an additional penalty of two hundred and

thirty-two euro and ninety-four cents (€232.94) to the established

fine (multa) due to the historical and environment importance of

the site.

(2) The aggravating circumstances referred to in the preceding

subregulation relate to an offence in

(a) the immediate vicinity of a scheduled building as

declared so by the Authority, public monument,

museum, place of worship, hospital or school;

(b) the immediate vicinity of a World Heritage Site

declared by UNESCO or an urban conservation area

declared by the Authority;

(c) the immediate vicinity of a Natural Reserve, Heritage

Park, National Park, public garden, or playing field;

(d) the immediate

vicinity

of

a

public

beach

or

promenade; or

(e) in the vicinity of any other site, area, place or open

space which the Minister may establish from time to

time.

In accordance with the provisions of any other law, and in

accordance with the powers conferred by the Minister in

accordance with the Act, any officer authorised to act under these

provisions and in whose opinion an offence has been committed

under these regulations, may proceed against the offender in terms

of article 5 of the Commissioners for Justice Act which provisions

shall apply mutatis mutandis to any proceedings in respect of

offences charged under these regulations.

For the purpose of ensuring that the street is properly

restored, the owner shall deposit, prior to the issue of the

development permit, at the Authority, a bank guarantee in favour of

the Authority, the amount of which shall be determined according

to the provisions of Schedule V. The amount of the bank guarantee

shall be either -

(a) for two hundred and thirty-two euro and ninety-four

cents (€232.94), or

(b) calculated on the basis of the method outlined in

Schedule V,

whichever is the higher

Provided that if the owner fails to carry out or complete the

restoration works within such period as the Authority may deem

suitable in consideration of the level of finishing being opted for by

the owner, such works may be completed by the Authority or

Government, or an appointed agent that has been duly authorised

by the Authority. Upon order by the Authority the cost of such

works, as certified by the aggrieved entity’s architect (perit), shall

be met in part or whole from the bank guarantee.

Provided further, in the case where a temporary water meter

has been provided on site, the release of the bank guarantee shall be

affected only following the written confirmation of the removal of

the temporary meter.

In accordance with article 19(4)(d) of the Environment

Protection Act, and article 10(3) and (5) of the Commissioners for

Justice Act, the Authority shall place into the Environment Fund

thirty percent of all the monies received from contraventions to

these regulations, and such monies shall be so placed within one

month from receipt of payment of the fines and penalties derived

from such contraventions. Moreover, the Authority shall forward

twenty per cent of all the monies received from contraventions to

the Joint Committee under whose jurisdiction the offence has

occurred.

No certificate of development on any development or part

thereof may be issued by the Authority unless all fines as may be

due by reason of offence against these regulations have been paid.

Moreover the transfer of owner or site manager as defined in

regulation 9(6) and (7) may not be endorsed by the Authority

pending the payment of outstanding fines.