← Malta

L.S. 363.39 Bye-Laws dwar Skips u Bins on Wheels (Kunsill Lokali Mellieħa)

SKIPS AND BINS ON WHEELS (MELLIE}A LOCAL COUNCIL) [ S.L.363.39 1 SUBSIDIARY LEGISLATION 363.39 SKIPS AND BINS ON WHEELS (MELLIE}A LOCAL COUNCIL) BYE-LAWS 3rd January 2000 LOCAL COUNCIL BYE-LAW 37/18/99, as amended by Legal Notice 425 of

  2. The title of these Bye-Laws is the Skips and Bins on Wheels (Mellie]a 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 3.1; "bin on wheels" means any recipient on wheels that may be closed by means of a lid, supplied by or under the authority of the Council and placed in a public place within the Mellie]a locality boundary, for the deposit of domestic refuse, but does not include a 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; "Council" means the Mellie]a Local Council; "domestic refuse" means all type of waste not being of a commercial nature but household waste originating from private dwellings including flats or residential homes; "skip" means any open or closed skip supplied by the Council or under its authority in a public place by a person duly authorised by the Council within the Mellie]a 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. 3.1 No person, without the authority of the Council, shall have the power to place any skip or bin on wheels in any public place within the Mellie]a locality boundary. Placement of skips or bins on wheels. 3.2 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. 3.3 When a written authority is granted, there shall be payable to the Council 3.3.1 in the case of a skip, a fee of one euro and sixteen cents (1.16) per day for every skip; 3.3.2 in the case of a bin on wheels, twenty-three cents Amended by: L.N. 425 of
  4. 2 SKIPS AND BINS ON WHEELS (MELLIE}A LOCAL COUNCIL) [ S.L.363.39 (0.23) per day for every bin. 3.4 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 and bins on wheels. 4.
  5. A person shall be deemed to be guilty of a contravention if 4.2 he causes any damage to any skip or bin on wheels or obliterates any markings printed on or affixed thereon; or scribbles or makes any mark on any skip or bin on wheels without the consent of the Council, or of the person to whom authority has been granted to place a skip or bin on wheels under bye-law 3, as the case may require; or 4.3 after using the skip or bin on wheels he leaves its lid open or ajar, or deposits any refuse in such manner as to impede the lid from closing properly or will remain ajar; or 4.4 he uses the skip or bin on wheels for any purpose other than that it is intended for, or deposits any waste or refuse which the skip or bin on wheels is not intended to receive; or 4.5 he deposits any waste or refuse outside, around or near the skip or bin on wheels; or 4.6 he removes or misplaces the skip or bin on wheels from where it is placed by the Council or by any person duly authorised without having obtained authority in writing to do so from the Council; or 4.7 he deposits 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 Council in accordance with these Bye-Laws; or 4.8 he deposits 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 4.9 he deposits waste or refuse in a skip or bin on wheels other than that for which written authority has been issued by the Council; 4.10 he deposits any waste or refuse whether of a commercial and/or industrial or domestic nature, which waste or refuse has not originated from within the Mellie]a locality boundary. Registration of commercial and industrial establishments. 5.1 Any person who, wholly or partially, engages in or operates a commercial and/or industrial activity within the Mellie]a locality 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 or authorised by the Council in the Mellie]a locality boundary. SKIPS AND BINS ON WHEELS (MELLIE}A LOCAL COUNCIL) [ S.L.363.39 3 5.2 Without prejudice to the provisions of bye-law 5.1, every person in Category 1 of Schedule B can dispose of commercial and/ or industrial waste in a bin on wheels. 5.3 For each registration made under bye-law 5.1 as fee as shown in Column 2 of Schedule B shall be payable to the Council. 5.4 The Council may, for a valid reason given in writing, refuse to register a person under bye-law 5.
  6. 5.5 The applicant shall only commence to make use of the skip or bin on wheels after the application has been approved by the Council and after he would have received such approval in writing. Should the applicant make use of the skip or bin on wheels prior to the receipt of such approval, he shall be guilty of a contravention. 6.1 Subject to the provisions of bye-laws 6.2 and 6.3, any person wh o cont ravenes or fails to compl y wit h any of t he provisions of bye-law 4 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
  7. 6.1.1 for a first contravention to a fine (ammenda) of fortysix euro and fifty-nine cents (€46.59), and 6.1.2 for a second or subsequent contravention to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88). 6.2 In the case of a contravention under bye-laws 3 and 5.5, a person shall be liable on conviction to a fine (ammenda) of sixtynine euro and eighty-eight cents €69.88). Amended by: L.N. 425 of
  8. 6.3 In the case of a continuing offence, a person shall be liable on conviction to a further fine (ammenda) of eleven euro and sixtyf i v e c e n t s ( € 11 . 6 5 ) f o r e a c h d a y d u r i n g w h i c h t h e o ff en c e continues. Amended by: L.N. 425 of
  9. 6.4 The imposition of a penalty under this bye-law shall be without prejudice to the right of the Council to sue for civil damages caused by the commission of any contravention under these Bye-Laws.
  10. The Council may terminate the authority given, and, 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. Termination or cancellation of registration. [ S.L.363.39 4 Amended by: L.N. 425 of
  11. SKIPS AND BINS ON WHEELS (MELLIE}A LOCAL COUNCIL) SCHEDULE A (Bye-law 3.2) MELLIE}A LOCAL COUNCIL IN exercise of the powers conferred by bye-law 3 of the Skips and Bins on Wheels (Mellie]a Local Council) Bye-Laws, the Mellie]a 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 Mellie]a locality boundary under the terms and conditions specified hereunder:
  12. The skip/bin on wheels shall be of a size, type and colour to be approved in writing by the Council.
  13. No markings shall be printed on or affixed to or removed from the skip/bin on wheels unless authorised by the Council in writing.
  14. There shall be printed on the skip/bin on wheels such markings as may be authorised by the Council in writing.
  15. 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.
  16. The authorised person shall ensure that the skip/bin on wheels is emptied every ............. or when it is full, whichever is the earlier.
  17. The Skips and Bins on Wheels (Mellie]a Local Council) Bye-Laws shall apply to each and every skip/bin on wheels within the Mellie]a locality boundary.
  18. 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.
  19. 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.
  20. Subject to earlier termination for non-compliance of the above terms or conditions this authority shall be valid for a period of .................................. commencing on ..................................... .
  21. This authority is subject to the payment of a fee of € ............. . ................................ .................................... Mayor Secretary SKIPS AND BINS ON WHEELS (MELLIE}A LOCAL COUNCIL) [ S.L.363.39 SCHEDULE B (Bye-law 5.1) 5 Substituted by: L.N. 425 of
  22. CATEGORIES OF ESTABLISHMENTS AND FEES Column 1 CATEGORIES Category No. 1 Bars, snack bars, clubs, institutions and any other organisations, sport centres, grocers, bakeries, butchers, chemists, hairdressers, salons, bazaars, stationeries, confectioneries, tailors, pet shops, plant and flower shops, clothes shops, offices, clinics, halls and any other commercial outlets and churches, antique shops, ironmongers, carpenters, household appliances shops, aluminium manufacturers and hawkers selling nougat Category No. 2 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. 3 Restaurants, guest houses, schools, homes for the elderly, banks, showrooms green grocers, hawkers. Category No. 4 Mechanics, panel beaters, sprayers, tyre service, petrol stations, blacksmiths. Category No. 5 Hotels, holiday complexes, industrial establishments including enterprises or cooperatives or any other enterprise, government departments, parastatal entities or corporations, excluding construction sites or stone quarries. Category No. 6 Any other industrial establishment not falling under any of the categories mentioned in this scheme, other than those already included in Category No.
  23. Column 2 FEES FOR USE ON SKIPS No fees. Registration with the Council only A fee of €23.29 for the duration of the licence A fee of €116.47 per annum A fee of €232.94 per annum A fee of €1,397.62 per annum A fee of €931.75 per annum

🔗 Għas-sors uffiċjali

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