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L.S. 363.30 Bye-Laws dwar Skips (Kunsill Lokali Gżira)

[ S.L.363.30 SKIPS (G|IRA LOCAL COUNCIL) 1 SUBSIDIARY LEGISLATION 363.30 SKIPS (G|IRA LOCAL COUNCIL) BYE-LAWS 14th October, 1999 LOCAL COUNCIL BYE-LAW 21/10/99, as amended by Legal Notice 425 of

  2. The title of these Bye-Laws is the Skips (G\ira Local Council) Bye-Laws.
  3. In these Bye-Laws, unless the context otherwise requires: Citation. Interpretation. "authorised person" means any person holding a permit or his representative and any resident of any street or part thereof who is the only person authorised in accordance with bye-law 4.2; "bin on wheels" means any recipient on wheels that may be closed by means of a lid, used for the deposit of domestic refuse, supplied by or under the authority of the Council and placed in a public place within the G\ira locality boundary, but does not include skip; "commercial and/or industrial waste or refuse" means any waste, originating from any shops, factories, enterprises, companies and other entities operating in commerce and industry and includes all bulky refuse in general, but does not include domestic waste or refuse; "Council" means the G\ira Local Council; "domestic refuse" means household waste originating from private dwellings including flats or residential homes but does not include commercial and/or industrial waste; "skip" means any open or closed skip supplied by or under the authority of the Council in a public place within the G\ira locality boundary, and which includes any other recipient of this kind, used for the deposit of commercial and/or industrial waste, but does not include bin on wheels.
  4. A skip or bin on wheels shall only be used by any authorised person. Person to use skip or bin on wheels. 4.1 No person, other than the Council, shall have the power to place any skip or bin on wheels in any public place within the G\ira locality boundary. Authority to place skips or bins on wheels. 4.2 The Council may assign an area wherein authorised persons only may use skips or bins on wheels provided by the C o un c il in l ie u o f d o or-t o -d o or c o l le c t i on of d om e s t ic a nd commercial waste. 4.3 The Council may however, authorise in writing any person to place a skip or bin on wheels during such times and at such places and under such terms and conditions as may be stipulated in the written authority by the Council annexed in Schedule A. 2 [ S.L.363.30 Amended by: L.N. 425 of
  5. SKIPS (G|IRA LOCAL COUNCIL) 4.4 There shall be payable on application to the Council by the person granted an authority under this bye-law a fee of: 4.4.1 one euro and sixteen cents (€1.16) per day for every skip; 4.4.2 twenty-three cents (0.23) per day for every bin on wheels. 4.5 Any person who contravenes any provision of this bye-law or who fails to comply with any of the conditions stipulated in the written authority, shall be guilty of a contravention. Misuse of skips or bins on wheels.
  6. No person shall 5.1 make use of any skip or bin on wheels unless he is an authorised person; or 5.2 cause any damage to any skip or bin on wheels or obliterate any markings printed on or affixed thereon; or scribble or make any mark on any skip or bin on wheels without the consent of the Council or of the person to whom written authority has been granted to place a skip or bin on wheels by virtue of bye-law 4 as the case may require; or 5.3 after using the skip or bin on wheels leave its lid open or ajar; or 5.4 use the skip or bin on wheels for any purpose other than that it is intended for; or 5.5 when the skip or bin on wheels is full, deposit any refuse or waste in a manner that the lid of the skip or bin on wheels will not close properly or will remain ajar; or 5.6 when depositing such waste or refuse, spill and leave spilled any waste or refuse outside the skip or bin on wheels; or 5.7 throw or deposit any waste or refuse near or around the skip or bin on wheels; or 5.8 deposit in any bin on wheels any waste, refuse, object or substance which is not of a domestic nature; or deposit in any skip any commercial or industrial waste for which authority was not granted under the written authority in accordance with these Bye-Laws; or 5.9 deposit in the skip or bin on wheels any bulky article or liquid or any refuse, object or substance which the skip or bin on wheels is not intended to receive; or 5.10 remove or misplace the skip or bin on wheels from where it is placed unless, in the case of a skip or bin on wheels placed under the authority of the Council by a person, such person shall have obtained authority in writing to do so from the Council; or 5.11 deposit waste or refuse in a skip or bin on wheels which is not supplied by the Council but placed by a person to whom authority has been granted by the SKIPS (G|IRA LOCAL COUNCIL) [ S.L.363.30 3 Council in accordance with these Bye-Laws; or 5.12 after the 1st November 1999, deposit in a bin on wheels any domestic refuse which is not contained in a closed bag, of a type and material approved by the Council; or 5.13 in the case of a skip, deposit therein industrial and/or commercial waste or refuse which does not originate from within the Gzira locality boundary, unless under the authority in writing of the Council and against registration or payment as the case may be of a fee as shown in Column 2 of Schedule B; or 5.14 when authorised by the Council to deposit waste or refuse in a particular skip or bin on wheels deposit any waste or refuse in another skip or bin on wheels. 6.1 Any person who engages in or operates a commercial or industrial activity within the G\ira boundary and whose field of operation falls under one of the establishment categories shown under Column 1 of Schedule B, shall register with the Council in order to be granted authority to deposit commercial and/or industrial waste in the skips supplied by the Council in the G\ira locality boundary or for such waste to be collected by the Council’s contractor. Registration of commercial and industrial establishments. 6.1.1 Without prejudice to the provisions of bye-law 6.1, every person in Category 1 of Schedule B can dispose of commercial and/or industrial waste in a bin on wheels. 6.2 For each registration made under bye-law 6.1 a fee as shown in Column 2 of Schedule B shall be payable to the Council. 6.3 The Council may, for a valid reason given in writing, refuse to register a person under bye-law 6.
  7. 6.4 No person shown in Column 1 of Schedule B shall throw or deposit commercial and/or industrial waste in the skips supplied by the Council or make use of the waste collection services provided by the Council in the G\ira locality boundary, unless payment of the fee due under Column 2 of Schedule B is made on registration. 7.1 Subject to the provisions of bye-laws 7.2 and 7.3, any person wh o cont ravenes or fails to compl y wit h any of t he provisions of bye-law 5 shall be deemed to have committed a contravention and shall, on conviction, be liable, unless a higher penalty is applicable under any other law - Offences and penalties. Amended by: L.N. 425 of
  8. 7.1.1 for a first contravention to a fine (ammenda) of fortysix euro and fifty-nine cents (€46.59), and 7.1.2 for a second or subsequent contravention to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88). 7.2 In the case of a contravention under bye-law 4, a person shall be liable on conviction to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88), and in the case of a continuing offence, to a further fine (ammenda) of eleven euro and sixty-five Amended by: L.N. 425 of
  9. 4 [ S.L.363.30 SKIPS (G|IRA LOCAL COUNCIL) cents (€11.65) for each day during which the offence continues. Amended by: L.N. 425 of
  10. 7.3 In the case of a contravention under bye-law 6.4 a person shall be liable on conviction to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88). 7.4 The imposition of a penalty under this bye-law shall be without prejudice to the right of the Council to recover any civil damages caused by the commission of any contravention under these Bye-Laws. Termination or cancellation of registration.
  11. The Council may terminate the authority given or cancel the registration made under these Bye-Laws if it is satisfied that any of the terms and conditions under which the said authority was granted or registration made has not been complied with, or if there is a substantial change in circumstances which in the opinion of the Council renders it necessary to withdraw the authority or cancel the registration. In this case the Council shall not be obliged to refund any fee that would have already been paid to the Council under Schedule B. [ S.L.363.30 SKIPS (G|IRA LOCAL COUNCIL) SCHEDULE A (Bye-law 4.3) 5 Amended by: L.N. 425 of
  12. G|IRA LOCAL COUNCIL IN exercise of the powers conferred by bye-law 4 of the Skips (G\ira Local Council) Bye-Laws, the G\ira Local Council is hereby authorising .......................... .............................. residing at .............................................................................. Licence No. .................. I.D. Card No. ............... ( ) name of enterprise or company ............................. VAT No. .................... Tel. No./Fax ................ to place ............. skip/s/bin/s on wheels in the G\ira locality boundary under the terms and conditions specified hereunder:
  13. The skip/bin shall be of a size, type and colour to be approved in writing by the Council.
  14. No markings shall be printed on or affixed to or removed from the skip/bin on wheels unless authorised by the Council in writing.
  15. There shall be printed on the skip/bin on wheels such markings as may be authorised by the Council in writing.
  16. The skip/bin on wheels shall be placed on the site/s indicated by the Council on the attached site plan provided by the same Council.
  17. The authorised person shall ensure that the skip/bin on wheels is emptied every ............. or when it is full, whichever is the earlier.
  18. The Skips (G\ira Local Council) Bye-Laws shall apply to each and every skip/bin on wheels within the G\ira locality boundary.
  19. The authorised person has to ensure that all preventive precautions for the conservation of the environment and for the protection of the citizen, are being implemented.
  20. At all times during the period of authorisation the authorised person must apply for an adequate insurance policy, acceptable to the Council, against third party liability and indemnify the Council against any claims arising out of, or in relation to, the placement or use of any such skip/bin on wheels.
  21. Subject to earlier termination for non-compliance of the above terms or conditions this authority shall be valid for a period of .................................. commencing on ..................................... .
  22. This authority is subject to the payment of a fee of € ............. . ................................ .................................... Mayor Secretary 6 [ S.L.363.30 Substituted by: L.N. 425 of
  23. SKIPS (G|IRA LOCAL COUNCIL) SCHEDULE B (Bye-law 6.1) CATEGORIES OF ESTABLISHMENTS AND FEES Column 1 CATEGORIES Category No. 1 Sport centres, dress makers, clothes shops, antique shops, offices, clinics, clubs, churches, schools and houses for the elderly. Category No. 2 Bars, snack bars, clubs, institutions and any other organisations, grocers, bakeries, butchers, chemists, hairdressers, salons, bazaars, stationeries, confectioneries, pet shops, plant and flower shops, halls and any other commercial outlets, ironmongers, carpenters, household appliances shops, aluminium manufacturers and street hawkers selling nougat, greegrocers and hawkers. Category No. 3 Mobile kiosks and hawkers selling fast foods, who require a temporary licence to operate on the days of a feast in the locality. Category No. 4 Hotels, restaurants, holiday complexes, guest houses, banks and showrooms. Category No. 5 Mechanics, panel beaters, sprayers, tyre service, petrol stations, blacksmiths. Category No. 6 Industrial establishments including enterprises or co-operatives or any other enterprise, government departments, parastatal entities or corporations, excluding construction sites or stone quarries. Category No. 7 Any other industrial establishment not falling under any of the categories mentioned in this schedule, other than those already included in Category No.
  24. Column 2 FEES FOR USE ON SKIPS No fees. A fee of €69.88 per annum A fee of €23.29 for the duration of the licence A fee of €139.76 per annum A fee of €232.94 per annum A fee of €1,397.62 per annum A fee of €931.75 per annum

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.