[ S.L.117.38 REQUISITION OF EXCAVATION VOIDS SUBSIDIARY LEGISLATION 117.38 REQUISITION OF EXCAVATION VOIDS REGULATIONS 13th April, 2017 LEGAL NOTICE 101 of 2017, as amended by Legal Notice 6 of 2020
- The title of these Regulations is Requisition of Excavation Voids Regulations.
- In these regulations, unless the context otherwise requires: Citation. Interpretation. "excavation voids" means an excavated piece of land created through surface or underground extraction; "Minister" environment; means the Minister responsible for the "requisition" means the taking possession by the Minister of any excavation voids; "requisitionee" means the person or persons from whose possession an excavation void is requisitioned by the Minister.
- The Minister may, by order under his hand in line with the criteria set out in the Schedule, requisition any excavation void or such part or parts thereof from any requisitionee and may give such directions as appear to him to be necessary or expedient in order that the requisition may be put into effect and complied with. Power of requisition. Amended by: L.N. 6 of 2020
- The Minister or any public officer authorised by him may enter any excavation void with a view to securing compliance with the requisition order. Power of entry. 5.
(1)The Minister may use or authorise any other person to use any requisitioned excavation void in such manner and subject to such conditions as he considers expedient having regards to the public interest. Use of requisitioned excavation void.
(2)The Minister may also, in his discretion, hand over to any person any requisitioned excavation void to be used by such person under the direction of the Environment and Resources Authority and such other body or person as the Minister may by order in the Gazette, prescribe. 6. Any person who contravenes or fails to comply with any requisition order made by the Minister under regulation 3 or who performs any act or omits to perform any act knowing or having reasonable cause to believe that such act or omission is likely to frustrate, hinder or obstruct the execution or the carrying out of any measure, direction, or authorisation connected with such requisition order, shall, on conviction, be liable to imprisonment for a term not exceeding six months and to a fine (multa) of not less than five hundred (€500) euro and not exceeding two thousand and three hundred (€2,300) euro apart from the cancellation of any Offences and penalties. 1 2 [ S.L.117.38 Compensation. REQUISITION OF EXCAVATION VOIDS licence held by such person in respect of the excavation void. 7.
(1)In default of agreement between the Minister and the requisitionee, the compensation payable to the latter shall be such as is deemed fair and reasonable in all the circumstances of the case by a Board to be composed as follows: (
- a)a Magistrate, to be appointed by the Chief Justice, as Chairman; (
- b)a person to be appointed by the Minister as his representative; and (
- c)a person to be appointed by the requisitionee as his representative.
(2)If the requisitionee does not appoint his representative within the period of seven days from the day on which he is asked in writing to do so by the Minister, the Minister shall appoint a third member to represent the requisitionee.
(3)Before starting the proceedings relative to the assessment of the compensation payable to the requisitionee, the members of the Board, with the exception of the Chairman, shall take before the Chairman the oath to examine and decide with equity and impartiality the matter before it. Cap. 12. Order by the Minister.
(4)The Board shall regulate its own procedure subject to the rules of natural justice and shall have the same powers as are by the Code of Organization and Civil Procedure conferred on the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in its inferior jurisdiction to call witnesses and hear evidence on oath. Summons to witnesses shall be signed by the Chairman of the Board.
(5)An appeal from the decision of the Board shall lie to the Court of Appeal (Inferior Jurisdiction) and shall be brought by means of an application to be filed within six working days from the day on which the decision of the Board is delivered.
- When any person has been given the use of an excavation void requisitioned under these regulations, whether or not such person pays compensation in respect of such use, the Minister, if in his discretion he is satisfied that such person should not continue in such use, may order him to quit such excavation void and to surrender the same within such time as the Minister may determine notwithstanding any other provisions of law to the contrary. REQUISITION OF EXCAVATION VOIDS [ S.L.117.38 Schedule (Regulation 3) Criteria for requisition The following criteria shall be applicable in the consideration for requisition of excavation voids: - Status of License issued under the Police Licences Regulations (S.L. 128.01.); - Any commitments on site through any permits or authorisations issued under the Development Planning Act (Cap. 552) or the Environment Protection Act (Cap. 549); - Any active stop order and/or compliance order issued by the Environment and Resources Authority and/or any active stop notice and/or enforcement notice issued by the Planning Authority or their predecessor.". Added by: L.N. 6 of
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