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L.S. 363.63 Regolamenti dwar Skips (Applikazzjoni Ġenerali)

SKIPS (GENERAL APPLICATION) [ S.L.363.63 SUBSIDIARY LEGISLATION 363.63 SKIPS (GENERAL APPLICATION) REGULATIONS 28th December, 2000 LEGAL NOTICE 241 of 2000, as amended by Local Council Bye-Laws 28/9/2001, and Legal Notices 425 of 2007 and 476 of

  2. The title of these regulations is the Skips (General Application) Regulations.
  3. In these regulations unless the context otherwise requires: "Act" means the Local Government Act; Citation. Interpretation. Cap.
  4. "authorised person" means any person holding a permit issued by a Local Council to use a skip or bin on wheels in terms of bye-law 4.2; "bin on wheels" means any recipient on wheels that may be enclosed by means of a lid and which is intended for the deposit of domestic refuse but does not include a skip; "commercial or industrial waste" means any waste or refuse, originating from any shop, factory, enterprise, or other entity operating commercially or in industry and includes bulky refuse irrespective from where it generates but does not include domestic refuse; "domestic refuse" means household waste originating from private dwellings, including flats or residential homes but does not include commercial or industrial waste or bulky refuse; "permit" means the permit issued to an authorised person as set out in Schedule A; "skip" means any open or closed skip and includes any other recipient of this kind, used for the deposit of commercial or industrial waste, but does not include a bin on wheels. 3.1 These regulations shall apply to all Local Councils in relation to their locality and shall be deemed to be Bye-Laws for the purposes of article 34

(2)of the Act. 3.2 Where any Local Council has made Bye-Laws regulating any matter provided for under these regulations, these regulations shall be deemed to be in addition to and not in derogation of such Bye-Laws: Provided that in any case when such Bye-Laws provide differently from these regulations, the provisions of those ByeLaws shall apply: Provided further that any Local Council may make ByeLaws in addition to these regulations to make special provision in relation to its locality. Applicability of regulations. 1 2 [ S.L.363.63 SKIPS (GENERAL APPLICATION) Placement of skips and bins on wheels. Amended by: L.N. 476 of
  1. 4.1 No person other than the Council shall place any skip or bin on wheels in any public place within the Council’s locality boundary without a permit from the Council. Amended by: L.N. 425 of
  2. 4.3 When a permit is granted, there shall be payable to the Council - 4.2 The Council may in its discretion issue a permit to authorise a person to place a skip or bin on wheels during such time and at such place and under such terms and conditions as may be stipulated in the permit. 4.3.1 in the case of a skip, a fee of not more than one euro and sixteen cents (1.16) per day or part thereof for every skip; 4.3.2 in the case of a bin on wheels, a fee of not more than ninety-three cents (0.93) per day or part thereof for every bin on wheels. 4.4 Any person who contravenes any provision of this regulation or who fails to comply with any of the terms of the permit, shall be guilty of a contravention. Placement of skips and bins on wheels shall be free of danger. Added by: L.C.B.L. 28/9/
  3. 4.5 When placing skips or bins on wheels, a Local Council shall ensure that these do not pose any danger either to persons or vehicles. Added by: L.C.B.L. 28/9/
  4. 4.6 The application to a Local Council by a person to place a skip or bin on wheels within the locality shall be made at least one week before applicant intends to place the skip or bin on wheels. Contraventions. Amended by: L.N. 476 of
  6. A person shall also be deemed to be guilty of a contravention if 5.1 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 of any sort on any skip or bin on wheels without the written consent of the Council or of the authorised person; or 5.2 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 5.3 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 5.4 he deposits, throws down, drops or otherwise spills any waste or refuse outside, around or near the skip or bin on wheels; or 5.5 he removes or misplaces the skip or bin on wheels from where it is placed by the Council or by an authorised person within the space allocated for that purpose; or 5.6 he deposits waste or refuse in a skip or bin on wheels SKIPS (GENERAL APPLICATION) [ S.L.363.63 3 which according to the permit is intended for the exclusive use of an authorised person; or 5.7 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 5.8 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; or 5.9 he deposits any commercial or industrial or domestic refuse, which has not originated from within the Council’s locality boundary; 5.10 he deposits in any bin on wheels, waste, refuse, objects or substance which is not of a domestic nature; or deposits in any skip commercial and/or industrial waste when he is not authorised in writing by the relative Local Council to do so; Added by: L.C.B.L. 28/9/
  7. 5.11 in the case of a skip, he throws or deposits commercial and/or industrial waste or refuse which does not originate from the same locality, unless so authorised in writing by the Local Council and on registration or payment, if such is the case, of a fee as indicated in Column 2 of Schedule B; Added by: L.C.B.L. 28/9/
  8. 5.12 as owner or as the person providing the skip or bin on wheels failed to affix to the skip or bin on wheels, in a permanent manner and clearly legible, in Maltese and in English a updated copy of regulation 5 together with the details of the owner or provider of the skip or bin on wheels and the telephone number on which communication is possible at any time of the day. Added by: L.N. 476 of
  9. 6.1 Any person who, through an activity in a locality, generates any commercial or industrial waste shall register with the Council of that locality, and shall keep such Council informed at all times of the contractor engaged by such person to collect and remove his commercial or industrial waste. Any person who fails to comply with this regulation shall be guilty of a contravention. Registration of commercial and industrial establishments. Amended by: L.N. 476 of
  10. 6.2 No person as is mentioned in regulation 6.1 shall throw or deposit commercial and, or industrial waste in the skips or bins on wheels supplied by the Council unless so authorised in writing by the said Council. 6.3 Any person who engages in a commercial and/or industrial activity within the relative locality, which activity falls under any one of the categories of establishments listed in Column I of Schedule B, shall register with the Local Council in order to be granted authority to deposit commercial and/or industrial waste wi t h i n th e sk i p s p r ov i d e d b y t he L o c a l C o u n c i l w i t hi n t h e boundaries of the relative locality or else so that the waste may be collected by the Local Council contractor. Added by: L.C.B.L. 28/9/
  11. 6.4 For every registration made in terms of regulation 6.3 there shall be paid to the Local Council the fee as indicated in Column 2 of Schedule B. Added by: L.C.B.L. 28/9/
  12. 4 [ S.L.363.63 SKIPS (GENERAL APPLICATION) Added by: L.C.B.L. 28/9/
  13. 6.5 The Local Council may, for valid reasons given in writing, refuse to register a person in terms of regulation 6.
  14. Added by: L.C.B.L. 28/9/
  15. 6.6 No person listed in Column 1 of Schedule B shall throw or deposit commercial and/or industrial waste in the skips or bins on wheels provided by the Local Council or make use of the services provided by the Local Council for the collection of waste within the locality, unless registration is made together with the payment of the fee indicated in Column 2 of Schedule B. Offences and penalties. Amended by: L.N. 425 of
  16. 7.1 Any person who commits any contravention under any of the provisions of regulation 5 shall, on conviction, be liable, unless a higher penalty is applicable under any other law 7.1:1 for a first offence, to a fine (ammenda) of forty-six euro and fifty-nine cents (€46.59); and 7.1.2 for a second or subsequent offence, to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88). Amended by: L.N. 425 of
  17. 7.2 In the case of an offence under regulation 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 an additional fine (ammenda) of eleven euro and sixty-five cents (€11.65) for each day during which the offence continues. Amended by: L.N. 425 of
  18. 7.3 In the case of an offence under regulation 6.1 a person shall be liable to conviction to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88) and in case of a continuing offence, to an additional fine (ammenda) of eleven euro and sixty-five cents (€11.65) for each day during which the offence continues. Amended by: L.N. 425 of
  19. 7.4 In the case of contravention under regulation 6.2, a person shall be liable on conviction to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88). Added by: L.C.B.L. 28/9/
  20. Amended by: L.N. 425 of
  21. 7.5 In the case of a contravention under regulations 4.5 and 4.6, 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 contravention, to another fine (ammenda) of eleven euro and sixty-five cents (€11.65) for each day during which the contravention continues. Added by: L.C.B.L. 28/9/
  22. Amended by: L.N. 425 of
  23. 7.6 In the case of a contravention under regulation 6.6, a person shall be liable on conviction to a fine (ammenda) of sixtynine euro and eighty-eight cents (€69.88). Civil damages.
  24. The imposition of a penalty under these regulations shall be without prejudice to the right of the Council to recover any civil damages caused by the commission of an offence under these regulations. Termination or cancellation of registration.
  25. The Council may terminate the permit, if it is satisfied that any of the terms and conditions under which the said permit was issued has not been complied with, or if there is a substantial change in circumstances which in the opinion of the Council render it necessary to withdraw the permit. In this case the Council shall not be obliged to refund any fee paid under regulation 4.
  26. SKIPS (GENERAL APPLICATION) [ S.L.363.63
  27. These regulations are without prejudice to the provisions to the provisions of the proviso to article 34
(2)of the Act. 5 Regulations not to prejudice article 34
(2)of the Act. [ S.L.363.63 6 SKIPS (GENERAL APPLICATION) SCHEDULE A (Regulation 2) Amended by: L.N. 425 of
  1. ......................... LOCAL COUNCIL Permit for the Use of a Skip/Bin on Wheels IN exercise of the powers conferred by regulation 4 of the Skips (General Application) Regulations, the .................. 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 Council’s locality boundary under the terms and conditions specified hereunder:
  2. The skip/bin on wheels shall be of a size, type and colour approved by the Council.
  3. No markings shall be printed on or affixed to or removed from the skip/bin on wheels unless authorised by the Council in writing.
  4. There shall be printed on the skip/bin on wheels such markings as may be authorised by the Council in writing.
  5. 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.
  6. The authorised person shall ensure that the skip/bin on wheels is emptied every ...................... or when it is full, whichever is the earlier.
  7. The Skips (General Application) Regulations shall apply to each and every skip/bin on wheels placed in the Council’s locality boundary.
  8. The authorised person shall ensure that all preventive precautions for the conservation of the environment and for the protection of the citizen, are being implemented.
  9. At all times during the period of authorisation the authorised person shall indemnify the Council against any third party liability or claim arising out of, or in relation to, the placement or use of any such skip/bin on wheels.
  10. Subject to earlier termination or cancellation in terms of regulation 9, this permit shall be valid for a period of .................................. commencing on ............................... .
  11. This permit is subject to the payment of a fee of € .............. . ................................. ................................ Mayor Executive Secretary Date ............................ [ S.L.363.63 SKIPS (GENERAL APPLICATION) SCHEDULE B (Regulation 6.3) 7 Substituted by: L.N. 425 of
  12. CATEGORIES OF ESTABLISHMENTS AND FEES Column 1 CATEGORIES Category No. 1 Sport centres, churches, schools, houses for the elderly and persons having the Kartanzjan Category No. 2 Dressmakers, o ff ices, clinics, grocers, bakeries, butchers, pharmacies, bazaars, stationeries, confectioneries, ironmongers, greengrocers Category No. 3 Bars, snack bars, institutions and other organisations, hairdressers, salons, pet shops, plant and flower shops, halls, other commercial shops, carpenters, household appliances shops, aluminium manufacturers, hawkers selling nougat, street hawkers, discoteques. Category No. 4 Mobile kiosks and hawkers selling fast fo od s, w ho requ ire a t em po ra ry p ol ice licence to operate within the locality on feast days. Category No. 5 Hotels, restaurants, holiday complexes, guest houses, banks, showrooms and stores. Category No. 6 Mechanics, panel beaters, sprayers, tyre service, petrol stations, blacksmiths. Category No. 7 Industrial establishments including enterprises or co-operatives or any other enterprise, government departments and parastatal entities or corporations, excluding construction sites or stone quarries (where construction sites do not include those for private residential purposes). Category No. 8 Column 2 FEES FOR USE OF SKIPS No fees A fee of €23.29 per annum A fee of €69.88 per annum A fee of €46.59 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 8 [ S.L.363.63 SKIPS (GENERAL APPLICATION) Other industrial establishments not falling under any other category shown in this schedule, other than those already included in Category No.
  13. Category No. 9 Those establishments and entities not listed in Categories 1 to
  14. A fee of €931.75 per annum A fee of €46.59 per annum.

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