DISPOSAL AND COLLECTION OF WASTE IN VALLETTA [ S.L.206.02 SUBSIDIARY LEGISLATION 206.02 DISPOSAL AND COLLECTION OF WASTE IN VALLETTA REGULATIONS 8th June, 2018 LEGAL NOTICE 175 of 2018. 1. The title of these regulations is the Disposal and Collection of Waste in Valletta Regulations. Title. 2. requires: In these regulations, unless the context otherwise Definitions. "commercial waste" shall have the same meaning assigned to it in regulation 4 of the Waste Regulations; S.L. 549.63 "competent authorities" means such authorities which are vested with the power to regulate the collection of waste in Valletta including the times and days for the collection of waste; "Division" means the Cleansing and Maintenance Division; "Local Council" means the Valletta Local Council; "municipal solid waste" shall have the same meaning assigned to it in regulation 4 of the Waste Regulations; S.L. 549.63 "N1 motor vehicle" means a vehicle used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes; "packaging waste" shall have the same meaning assigned to it in regulation 3 of the Waste Regulations; "Valletta" means the geographical area indicated in the Second Schedule of the Local Government Act; "waste" shall have the same meaning assigned to it in regulation 4 of the Waste Regulations; "waste carrier for commercial waste", for the purposes of these regulations, means a waste carrier duly registered with the Environment and Resources Authority for the transport of nonhazardous and inert waste in terms of the Waste Management (Activity Registration) Regulations and who is also equipped with vehicles whose specifications and dimensions conform to those established in paragraph (
- b)of the First Schedule; "waste carrier for municipal solid waste", for the purposes of these regulations, means a waste carrier duly registered with the Environment and Resources Authority for the transport of nonhazardous and inert waste in terms of the Waste Management S.L. 549.63 Cap. 363. S.L. 549.63 S.L. 549.45 S.L. 549.45 1 2 DISPOSAL AND COLLECTION OF WASTE IN VALLETTA [ S.L. 206.02 (Activity Registration) Regulations. Prohibitions. 3. No person shall: (
- a)deposit and leave in any place in the open air in Valletta any dustbin, used box, bottle, tin, carton or other container, or any paper, straw or other material used for packing, or any other waste in whatsoever form it is packaged or deposited, for the purpose of its collection unless such depositing is made at a time reasonably approximate to, and before, the time indicated in these regulations for its collection: (
- b)at any time, even during such times indicated in these regulations for the collection of waste, leave or deposit in Valletta any waste, in whatsoever form it is packaged or deposited, away from his own premises; (
- c)affix, abandon or leave affixed in any public place in Valletta any flyers, signs, posters, expired permits or any other printed material. Permit. 4.
(1)Any person requiring to put a skip in any public place in Valletta shall be obliged to obtain a permit for such purpose from the Local Council according to such procedures and subject to such payments as may be established by the Local Council from time to time.
(2)Any person who obtains a permit from the Local Council to put a skip in any public place in Valletta shall be obliged to ensure that the said skip is removed by not later than 8.00pm of the same day in which the skip has been put in its place, irrespective of whether the said skip has been filled or not. Waste collection operators. 5. The collection of waste in Valletta may only be carried out by waste collection operators which are duly registered with and licensed by the competent authorities for such purpose using N1 motor vehicles having such dimensions and specifications as are indicated in the First Schedule. Collection of waste in Valletta. 6.
(1)The collection of waste in Valletta may only be carried out on any calendar day, including Sundays and public holidays, as follows: (
- a)with regard to municipal solid waste, between 7.00am and 8.30am and between 3.00pm and 5.00pm from the zones indicated as the zones for the collection of municipal solid waste in the plan shown in the Second Schedule by a waste carrier for municipal solid waste; and (
- b)with regard to commercial waste, between 3.00pm and 5.00pm and between 12.00am and 3.00am from the DISPOSAL AND COLLECTION OF WASTE IN VALLETTA [ S.L.206.02 3 zones indicated as the zones for the collection of commercial waste in the plan shown in the Second Schedule by a waste carrier for commercial waste.
(2)Waste carriers for commercial waste shall be obliged to collect waste from the zones indicated in the plan shown in the Second Schedule by means of vehicles whose specifications and dimensions conform to those established in paragraph (b) of the First Schedule and to immediately transfer all waste so collected onto a refuse compaction vehicle in such a place as shall be indicated for such purpose by the Local Council.
(3)The collection of packaging waste by any waste collection operator which is duly licensed and contracted to collect such waste may only be carried out during the times stipulated in subregulation
(1)and by means of N1 motor vehicles which, with regard to waste which shall be collected from the zones shown in the plan in the Second Schedule as the zones for the collection of solid municipal waste shall have such specifications and dimensions as are indicated in paragraph (
- a)of the First Schedule and with regard to waste which shall be collected from the zones shown in the plan in the Second Schedule as the zones for the collection of commercial waste shall have such specifications and dimensions as are indicated in paragraph (
- b)of the First Schedule. 7.
(1)Any person who deposits, takes out or leaves any waste earlier than 11pm with regards to waste which is left or deposited for collection between midnight (12.00am) and 3.00am or earlier than thirty minutes prior to 7.00am or 3.00pm or to any other collection time which shall be announced by the competent authorities on any day scheduled by the competent authorities for the collection of waste or who deposits, takes out or leaves any waste on any day which is not scheduled by the competent authorities for the collection of waste shall be guilty of an offence: Provided that a commercial establishment which requires the services of waste collection outside the time periods established in this regulation may request such a service either from the Division, for which a daily fee of twenty-five euro (€25) shall apply, or from any other waste carrier: Provided further that in such an event the commercial establishment shall be obliged to inform the Local Council at least twenty-four hours prior to the intended time of such waste collection operation.
(2)Furthermore, any person who, at any time, even during such times indicated in these regulations for the collection of waste, leaves or deposits in Valletta any waste, in whatsoever form it is packaged or deposited, away from his own premises, shall also be Offences related to deposits. 4 DISPOSAL AND COLLECTION OF WASTE IN VALLETTA [ S.L. 206.02 guilty of an offence.
(3)Any person who affixes, abandons or leaves affixed in any public place in Valletta any flyers, signs, posted, expired permits or any other printed material shall be guilty of an offence.
(4)Any person who puts a skip in any public place in Valletta without a permit issued by the Local Council, or who, after having obtained such permit, fails to remove the said skip by not later than 8.00pm of the same day for which the permit has been issued, shall be guilty of an offence.
(5)A person who is found guilty of an offence under subregulations
(1)to
(4)shall be liable: (
- i)in the case of a first conviction, to a fine (ammenda) of two hundred euro (€200); (
- ii)in the case of a second conviction, to a fine (ammenda) of five hundred euro (€500); (
- ii)in the case of a third or subsequent conviction, to a fine (ammenda) of one thousand euro (€1,000). Offences related to collectors. 8.
(1)Any person who collects any waste in Valletta outside of the official collection times stipulated in regulation 6 shall be guilty of an offence.
(2)Any person who collects any waste in Valletta by making use of any vehicle which is not in accordance with the dimensions and specifications stipulated in the First Schedule shall also be guilty of an offence.
(3)Any person who, although contracted to collect commercial waste or municipal solid waste on the days and during such times as established in regulation 6, fails to collect such waste during such days and times and from all the zones indicated in the plans shown in the Second Schedule as the case may be, shall also be guilty of an offence.
(4)A person who is found guilty of an offence under subregulations
(1),
(2)or
(3)shall be liable: (
- i)in the case of a first conviction, to a fine (ammenda) of seven hundred euro (€700); (
- ii)in the case of a second conviction, to a fine (ammenda) of one thousand and five hundred euro (€1,500); (iii) in the case of a third or subsequent conviction, to a fine (ammenda) of three thousand euro (€3,000). DISPOSAL AND COLLECTION OF WASTE IN VALLETTA [ S.L.206.02 5
(5)In all cases where a person is accused of having committed an offence in violation of these regulations with the use of a vehicle, the case shall be heard solely and exclusively by a court of criminal jurisdiction. 9.
(1)Whenever any person is found guilty of committing an offence under these regulations by means of a vehicle, the owner of the said vehicle, where applicable, is held liable in the same manner and degree. Offences committed by vehicle.
(2)Whenever any person is convicted of committing an offence under these regulations by means of a vehicle, the court may, in addition to the punishment established in terms of these regulations, disqualify the offender from holding or obtaining a driving licence in the case of a first conviction for a period of not less than six months, and in the case of a second or subsequent conviction for a period of not less than one year.
(3)Whenever any person is convicted for the second or subsequent time of having committed an offence under these regulations by means of a vehicle, the court may order the confiscation of the vehicle with which the offence has been committed. 10.
(1)Notwithstanding any other law providing for the trial and punishment of offences, where any person commits any of the offences set out in the first column of the Third Schedule, the following provisions of this regulation shall apply.
(2)Any police officer or community officer in whose opinion any such offence has been committed, may hand over to the person who has committed such an offence a notice containing a general description of the offence which shall include the nature of the offence and the date, time and place as well as the registration number of the vehicle with which such an offence has been committed, when applicable.
(3)Where any such notice is given, the person receiving such notice, or any other person who accepts responsibility for the offence referred to in the said notice, may, within ten days of the notice, call at the place referred to in the notice, produce all such documents therein referred to and pay the fine set out in the second column of the Third Schedule in respect of that offence, or such person shall send those documents and payment of the fine by registered post or shall pay the fine by any other means indicated in the notice.
(4)Where the fine indicated in any such notice is not paid within ten days, ordinary proceedings in respect of the offence in question shall be taken in front of a Local Tribunal as designated by the Minister responsible for justice or the court, as the case may be. Offences as set out in the Third Schedule. 6 DISPOSAL AND COLLECTION OF WASTE IN VALLETTA [ S.L. 206.02
(5)Where any such notice is complied with and the said fine is paid within the said period, no proceedings shall be taken in respect of the offence in question and the payment of such fine shall, for all intents and purposes, be deemed to be an admission of the commission of the offence.
(6)The provisions of this regulation shall only apply in the case of a first conviction but shall not apply in the case of a second or subsequent conviction. FIRST SCHEDULE (Regulation 5) Dimensions and Specifications of vehicles which may carry out waste collection operations in Valletta (
- a)For the collection of municipal solid waste: An N1 motor vehicle which shall be an autogas, electric or hybrid electric vehicle or a vehicle which is not less than Euro 5 standard whose dimensions do not exceed the following maximum specifications: Length: Width: Height: (
- b)6500 millimetres 2500 millimetres 2300 millimetres For the collection of commercial waste: An N1 motor vehicle which shall be an autogas, electric or hybrid electric vehicle or a vehicle which is not less than Euro 5 standard and which is not equipped with a waste compaction mechanism and whose dimensions do not exceed the following maximum specifications: Length: Width: Height: 6200 millimetres 2500 millimetres 2050 millimetres DISPOSAL AND COLLECTION OF WASTE IN VALLETTA [ S.L.206.02 SECOND SCHEDULE (Regulation 6) Plan of Valletta which shows, where indicated by the red colour, the zones from which commercial waste is to be collected during such time indicated in paragraph (
- b)of sub-regulation 6
(1), whereas the remaining zone within the boundaries of Valletta where marked with the black line, the zones from which municipal solid waste shall be collected during such times indicated in paragraph (a) of sub-regulation 6
(1)7 8 [ S.L. 206.02 DISPOSAL AND COLLECTION OF WASTE IN VALLETTA THIRD SCHEDULE (Regulation 10) First Column Offence Depositing or taking out waste outside of prescribed collection times ..................................................................... Depositing or taking out waste away from one’s own premises ................................................................................................. Affixing, abandoning or leaving affixed any flyers, signs, posters, expired permits or any other printed material ............. Puttng a skip in a public place in Valletta without a permit from the Local Council or, after having obtained such permit, failing to remove the said skip by not later than 8.00pm of the same day for which the permit has been issued ...................... For the purpose of collection of waste, making use of vehicles not in accordance with dimensions and specifications stipulated in the First Schedule ............................................... Collecting waste in Valletta outside the official collection times ...................................................................................... Failure by contracted waste collectors to collect waste on such days and during such times in which waste should be collected ................................................................................ Second Column Fee €100 €100 €100 €100 € 350 € 350 € 350