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L.S. 549.40 Regolamenti dwar l-Abbandun, ir-Rimi u t-Tneħħija ta’ Skart fit-Toroq u f ’Postijiet jew Żoni Pubbliċi

ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS [ S.L.549.40 1 SUBSIDIARY LEGISLATION 549.40 ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS REGULATIONS 21st October, 2005 LEGAL NOTICE 344 of 2005, as amended by Legal Notices 426 of 2007 283 of 2011, 296, 346 of 2018, 181 of 2019, 293 of 2020 and 84 and 368 of 2022, 36 of 2023, 267 and 272 of

  1. The title of these regulations is the Abandonment, Dumping and Disposal of Waste in Streets and Public Places or Areas Regulations.
  2. In these regulations, unless the context otherwise requires: "the Act" means the Environment Protection Act; "advertising material" means any means of printed, electronically written advertising material intended for promotion purposes to advertise or promote an event and shall include all forms of posters or flyers; Title. Interpretation. Amended by: L.N. 283 of 2011; L.N. 296 of 2018; L.N. 368 of 2022; L.N. 272 of
  3. Cap.
  4. "Advisory Committee" means the Advisory Committee for the control and monitoring of littering appointed by the Minister in accordance with the provisions of these regulations for the purpose of controlling and monitoring the disposal of waste and littering in streets and public places; "the Authority" means the Environment and Resources Authority; "balloon" means any type of balloon filled with gas, excluding balloons for industrial or other professional uses and applications that are not distributed to consumers; "bins" means receptacles approved by the Government for the disposal, separation and collection of waste and refuse, placed or authorised to be placed in a public place by the Government; "Commissioner" means a Commissioner for Justice in terms of the Commissioners for Justice Act; Cap.
  5. " C o u r t " i n c l u d e s a L o c a l Tr i b u n a l e s t a b l i s h e d u n d e r t h e Commissioners for Justice Act; Cap.
  6. "food" includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products; "Government" means both the Government of Malta and Local Councils established under the Local Government Act; "hawker", fixed or mobile, includes any person or a substitute, licensed to sell from a stall, and any licensed person or substitute operating from a public market or monti established or authorised by the Government; "immediate vicinity" shall be that area immediately identifiable Cap.
  7. 2 [ S.L.549.40 ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS with any site referred to in regulation 12

(2), and where, by way of irregular disposal, litter or waste demeans the social, historical or environmental importance of the site or area referred to in that subregulation; "litter" includes: (
  1. i)any solid or liquid, domestic or commercial waste, whether contained or loose, refuse, debris or rubbish and without limiting the generality of the above includes any glass, metal, plastic, paper, fabric, wood, food, chewing gum, cigarette butts, derelict vehicles, vessels, equipment, or machinery, in whole or in parts, garden remnants and clippings, soil, sand, concrete rocks or any other building material; (
  2. ii)any object, material or other substance deposited in a public place causing or adding a disorderly appearance of such place or detrimentally causing an effect on the proper use of the place, or which may, in general, increase the risk of health or environmental hazard to the public or the surrounding environment, or which may be a nuisance to the public; and (iii) domestic or commercial waste, whether contained or loose, which contravenes the waste collection schedule in Schedule 3; Cap. 363. "Local Council" has the same meaning given in the Local Government Act; Cap. 363. "locality" has the same meaning given in the Local Government Act, and includes, for the purpose of these regulations, arterial and distributor roads and all other areas excluded from the competence of local councils under the same Act; "the Minister" means the Minister responsible for the environment; "nuisance" means any act, omission or thing which is visually offensive or causes smells or noise, or occasioning or likely to occasion injury, annoyance, offence, harm, danger, or damage of whatever nature, or whi ch is or is likely to be inju rious or dangerous to health or property; "officer" means any person authorized by the Minister to issue charges or fines related to these regulations and shall include: Cap. 291. (
  3. i)a Police officer, a Community Officer or any other authority authorised to issue charges in accordance with the provisions of the Commissioners for Justice Act; (
  4. ii)officers of the Authority, or any other person appointed by the Minister to carry out the duties contained in these regulations as established under the Act; "open air" includes any open space and any covered place which is exposed to the open air on at least one side; "organiser" means the person or entity responsible for the organisation of the event or promotion being advertised and shall ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS [ S.L.549.40 3 include the promoter of such event; "plastic confetti" means pieces or streamers made wholly or partly from plastic; "printer" means the person or entity engaged by the organiser to undertake the printing of the advertising material; "private property" means any private property and includes but is not limited to boundary walls, garden, yard, field, land, vehicle licensed or not, stall, or other structure, temporary or permanent; "public place" includes any place, privately owned or otherwise, to which the public has access, and including a street, sea, playing f i e l d a n d p l a y i n g g r o u n d , f i e l d , v a l l e y, b e a c h , f o u n t a i n , watercourse, reservoir, well and swimming pool; "public property" includes but is not limited to buildings, walls, fences, bastions, electricity or light poles, bus stops, traffic lights, directional poles, trees, dustbins, benches, monuments; "refuse" shall mean domestic or commercial waste placed for collection either by the Regional Council’s approved agent or contractor or by a registered waste carrier; " "Regional Council" means a regional council established by article 37A of the Local Government Act; Cap. 363. "stall" means any kiosk, table, shed, booth, marquee, showboard, vehicle, cart or receptacle or any other means used or intended to be used for the purpose of selling food or goods of any kind and includes any structure affixed thereto by way of roof, support or flooring; "street" includes any road, alley, square, bridge, shore front, quay, or other place of public passage or access; "street-seller" shall include any other person, not defined as hawker, who is licensed to conduct business from any street including marketing agents, buskers and peddlers; "time reasonably approximate" means a period of time between the disposal of refuse by a person for collection and the time indicated for its collection thereof as described in Schedule 3, which time period shall not exceed the lapse of four
(4)hours within the same day of collection, unless otherwise established by virtue of a Government notice published in the Gazette by the Authority after being informed of such need by the Department for Local Government; "venue" means the entity responsible for the venue wherein the event being advertised in the advertising material is being held. 3.
(1)The Minister may appoint an Advisory Committee for the control and monitoring of littering which shall consist of: (
  1. i)a person nominated by the Minister; (
  2. ii)a person nominated by the Local Councils Association; (iii) a person nominated by the Department for Local Government; (
  3. iv)a person nominated by the Malta Tourism Power of Minister to appoint an Advisory Committee for the control and monitoring of littering. Amended by: L.N. 296 of 2018. 4 [ S.L.549.40 ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS Authority; (
  4. v)a person nominated by the Authority; (
  5. vi)a person nominated by the Minister responsible for cleansing; (vii) a person nominated by the Commissioner of Police; (viii) a person nominated by the Local Enforcement System Agency; and any other person whom the Minister may appoint from time to time under such terms and conditions as he may determine.
(2)It shall be the duty of the Advisory Committee to advise the Minister on any matter relating to public cleansing, in general, and on any other matter which may come within the scope of these regulations.
(3)The Advisory Committee shall coordinate with all competent authorities and other non-governmental organisations engaged in public cleansing and may recommend to such authorities good practices in the field of public cleansing and for controlling the disposal of litter in streets and public places.
(4)The Minister in consultation with the Authority may, from time to time, and in writing, entrust the Advisory Committee with any other duties which may be delegated from time to time and for a definite or indefinite period of time. Leaving of litter and other objects.
  1. No person shall throw down, drop, leave, or otherwise spill or deposit any litter in any public place, street, sea, or open space to which the public has access, unless such depositing and leaving is lawfully authorized: Provided that for the purpose of this regulation, Schedule 1 lists, but not exclusively, acts and omissions which shall be deemed to be an offence of leaving litter or depositing or spilling of objects under this regulation. Unlawful dumping or depositing. Added by: L.N. 293 of
  2. 4A. No person shall dump or deposit any object or material listed in Schedule 2 in any public place, street, sea, or open space to which the public has access, unless such depositing and leaving is lawfully authorised. Mandatory separation of waste. S.L. 549.
  3. 4B.
(1)Every person shall separate recyclable waste in accordance with regulation 12A of the Waste Regulations. Added by: L.N. 36 of 2023.
(2)The enforcement of sub-regulation
(1)shall be carried out in a phased approach as shall be prescribed by the Minister by means of a Government notice in the Gazette. Unlawful release of plastic confetti. 4C. No person shall release or cause to be released any plastic confetti into the open air. Added by: L.N. 272 of 2025. ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS [ S.L.549.40 4D. The deliberate release of balloons in open air events shall be prohibited: Provided that this shall not be applicable where the balloons are sufficiently weighted in a manner that prevents their release into the environment outside the event organiser’s control. 5.
(1)It shall not be lawful for any person to deposit or leave in any street or public place any litter receptacle, bag, used box, bottle, tin, carton or other container, or any paper, straw or other material used for packing, for the purpose of its collection unless such depositing is made at a time reasonably approximate to the time at which refuse collection ordinarily occurs in such place. 5 Unlawful release of balloons. Added by: L.N. 272 of 2025. Unlawful deposit of refuse for collection. Amended: L.N. 296 of 2018; L.N. 368 of 2022.
(2)It shall not be lawful for any person to deposit or leave in any street or public place any litter receptacle, bag, used box, bottle, tin, carton or other container, or any paper, straw or other material used for packing, for the purpose of its collection, near bins, skips or other receptacles situated in a public place, for public or private use, and legally authorised.
(3)No person shall deposit or leave refuse for collection unless it is done in accordance with Schedule 3. 6.
(1)No person shall sort or collect any refuse deposited for collection at any place or while being transported after collection, unless such sorting is lawfully authorized.
(2)No person shall collect any disposed refuse, waste or litter unless otherwise authorized to do so by a Regional Council or by the respective Local Council in the area of its responsibility and by the Authority: Provided that sorting of refuse or collection of disposed litter or waste by an officer who has the duty to collect evidence in terms of article 5 of the Commissioners for Justice Act, and solely for the purpose of investigation to charge offenders under these regulations, shall not be deemed to be an offence in terms of the provisions of this regulation. Sorting and collection of refuse. Substituted by: L.N. 296 of 2018. Amended by: L.N. 368 of 2022. Cap. 291. 7. No person shall unlawfully remove or otherwise interfere or tamper with or in any other way vandalize any bin provided or authorized by the Government in any street or other public place or any bin deposited for collection at any place. Illegal removal of bins. 8.
(1)Every hawker or street seller operating in a public place, shall keep the place and the immediate vicinity thereof in a clean and sanitary condition, during and after operating times and, for such purpose, shall have such number of bins as approved by Government during the operating times. Stalls in a public place to be kept clean. Amended by: L.N. 296 of 2018; L.N. 36 of 2023.
(2)Without prejudice to these regulations, where in the opinion of the Government, a hawker or street seller or the substitute has failed to comply with sub-regulation
(1), the Government may, by notice in writing, require such licensee, within such period as may be specified therein, to take such steps as it may deem fit for the purpose of complying with these regulations. 6 [ S.L.549.40 ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS
(3)In case where a number of hawkers or street sellers or stalls are operating in a specific context, such as open air markets, public events, village feasts or similar, Local Councils shall ensure that bins for the separate collection of waste are provided, at their own expense or at the expense of the licensed hawker or street seller or stall owner, for the separate collection of: (
  1. a)organic waste; (
  2. b)glass; (
  3. c)metal, plastic, cardboard and paper; and (
  4. d)mixed waste: Provided that: (
  5. a)in the case of open air markets, such bins for the separate collection of waste shall be sited within the zone reserved for that market; (
  6. b)in the case of village feasts and public events, such bins for the separate collection of waste shall be sited as close as possible to the majority of the stalls; and (
  7. c)more than one set of bins for the separate collection of waste may be provided if it is retained that the number of stalls merits such or that the location of the stalls is fragmented. Owner or occupier of commercial premises to provide bins in public place. Substituted by: L.N. 296 of 2018. 9. Government or the Local Council, according to jurisdiction, may require, in writing, the owner, contractor, legal represen tative, occupier o r licence holder of a commercial establishments to provide, at the expense of the owner, legal representative, occupier or licence holder and within such period as may be specified in the notice, for bins or other convenient r ec ep ta cl es, wh i ch s ha ll co nf o rm t o su ch spe ci fi ca ti o ns a s Government may require, to be placed in appropriate locations within the premises of the commercial establishment, or on the street or in a public place in the vicinity of the premises, for the deposit of refuse and litter: Provided that the Minister shall, from time to time, and after consultation with representatives of the commercial sector, issue a list of selected categories of commercial establishments which may be required to place such bins or receptacles on the street or in a public place. Prohibition from affixing advertising material. Added by: L.N. 283 of 2011. Amended by: L.N. 296 of 2018. 9A. No person shall affix through any means whatsoever any advertising material on any public or private property: Provided that the provisions of this regulation shall not apply to: (
  8. a)advertising material affixed inside private property even though such material may be visible from a public place; (
  9. b)advertising material affixed to private property with the written consent of the owner. ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS [ S.L.549.40 7 (
  10. c)advertising material affixed in a public place which is duly authorised by a Local Government. 9B.
(1)The organiser shall ensure that any advertising material produced and distributed in respect of an event shall include the name and contact details of the organiser, the venue and the printer. Responsibilities of the organiser of the event. Added by: L.N. 283 of 2011.
(2)The organiser shall ensure that no litter is generated as a result of the advertising material produced and distributed in respect of an event being organised.
(3)The organiser shall ensure that no damage is caused to amenities and surroundings wherein the advertising material is produced and distributed in respect of the event being organised. 9C. The owner of the venue shall provide, upon request by the competent authority, the name and contact details of the organiser of the event in respect of which the advertising material was produced and distributed. Information to be provided by the owner of the venue. Added by: L.N. 283 of 2011. 10.
(1)Any person who contravenes any of the provisions contained in regulations 4, 4C, 4D, 5 and 8 shall be liable to a fine (ammenda) of not less than one hundred and fifty euro (€150) and not exceeding three hundred euro (€300): Penalties. Amended by: L.N. 426 of 2007; L.N. 283 of
  1. Substituted by: L.N. 296 of
  2. Amended by: L.N. 293 of 2020; L.N. 36 of 2023; L.N. 272 of
  3. Provided that if an offender dumps or disposes of any refuse, litter, waste, swill or any other object of a size or quantity or accumulation, as taken by itself, causes a nuisance, or which may lead to deterioration or defacement of a public place, he shall be liable to a fine (multa) of not less than three thousand (€3,000) but not exceeding six thousand (€6,000).
(2)Any person who contravenes any of the provisions contained in regulations 6 and 7 shall be liable to a fine (multa) of not less than one hundred and fifty euro (€150) and not exceeding five hundred euro (€500).
(3)Any person who contravenes any of the provisions contained in regulation 9, 9A, 9B, 9C shall be liable to a fine (multa) of not less than two thousand euro (€2,000) and not exceeding three thousand euro (€3,000).
(4)Any person who contravenes regulation 4A shall be liable, in case of dumping or depositing of: (a) limestone material only, to a fine (multa) of three thousand euro (€3,000) per ten
(10)cubic metres of dumped or deposited material but not exceeding thirty thousand euro (€30,000): Provided that the minimum fine of one thousand euro (€1,000) shall be applicable for dumping or depositing of less than one
(1)cubic metre however for dumping or depositing of more than one
(1)cubic metre but less than ten
(10)cubic metres the minimum fine of three thousand euro (€3,000) shall be applicable; 8 [ S.L.549.40 ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS (b) construction and demolition waste to a fine (multa) of not less than four thousand euro (€4,000) per
(10)ten cubic metres of dumped or deposited material but not exceeding fifty thousand euro (€50,000): Provided that the minimum fine of one thousand euro (€1,000) shall be applicable for dumping or depositing of less than one
(1)cubic metre however for dumping or depositing of more than one
(1)cubic metre but less than ten
(10)cubic metres the minimum fine of four thousand euro (€4,000) shall be applicable: Provided further that if the dumping or depositing consists of contaminated hazardous waste, including but not limited to, asbestos, paint, thinner, insulation material, gypsum or scarifying material, the minimum applicable fine shall be of six thousand euro (€6,000); (
  1. c)white goods and electrical and electronic equipment and appliances, a minimum fine of five hundred euro (€500) but not exceeding five thousand euro (€5,000) per piece; (
  2. d)any other waste not listed in paragraphs (a), (
  3. b)and (
  4. c)to a fine (multa) of not less than three thousand euro (€3,000) and not exceeding six thousand euro (€6,000): Provided that the minimum fine of four hundred euro (€400) shall be applicable where the amount of waste is considered minimal. (4A) Any person who contravenes regulation 4B shall be liable on the first contravention to reprimand and admonition, on the second contravention to a fine (ammenda) of twenty-five euro (€25) and in case of subsequent contraventions to a fine (ammenda) of fifty euro (€50): Provided that in the case of waste generated from commercial activities, the contravenor shall be liable on the first co nt rav enti on t o r eprim an d an d adm on iti on , on th e seco nd contravention to a fine (ammenda) of seventy-five euro (€75) and in case of subsequent contraventions to a fine (ammenda) of one hundred and fifty (€150): Provided further that in the case of waste generated from commercial activities, action may be taken against any person responsible for the enterprise or engaged by it.
(5)If any vehicle, cart or other equipment has been used in the c o m m i s s i o n o f a n o ff e n c e a g a i n s t t h e p r o v i s i o n s o f t h e s e regulations, the court, at the demand of the officer and in addition to the punishment prescribed, may order the seizure of such vehicle, cart or other equipment used for the purpose of this regulation for a term of not less than two months but not exceeding one year and the suspension for an equal term of any driving license held by the offender, during which period the vehicle shall be at the risk of the owner: ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS [ S.L.549.40 9 Provided that where any person who has not participated in the offence, has a claim to such vehicle or equipment, the seizure shall only be ordered if the court is satisfied that no such claim is thereby prejudiced.
(6)If the offender is not the owner of the vehicle mentioned in sub-regulation
(5)but has acted under the instructions of such owner or where such owner had the power to prevent the commission of the offence does not do so, the owner shall be liable, on conviction, to the punishment laid down in sub-regulations
(1),
(2),
(3)and
(4).
(7)If the circumstances, in which any unlawfully dumped material is found, indicate the owner or other person responsible for such material immediately prior to its dumping, such owner or person shall be deemed to have deposited that material and shall be liable to the punishment laid down in sub-regulations
(1),
(2),
(3)and
(4), unless he proves that he did not know of the commission of the offence, or although he knew of it did not have the power to prevent it. 10A. The Authority and, or any other authority appointed to carry out the duties contained in these regulations may for the purpose of the enforcement of these regulations, by adopting the necessary safeguards, communicate data to other government entities as may be required. Communication of data by the Authority. Added by: L.N. 293 of 2020. 11.
(1)When a person has been found guilty of an offence in accordance with the provisions of regulation 7, the court may, by the same judgment, and on proof of the damage suffered under regulation 7, order the offender to pay to the Government or the owner of the bin in question, as the case may be, by way of damages, a sum not exceeding one thousand and five hundred euro (€1,500) for each bin and any such order shall be of the same force and effect and be executed in the same manner as if it had been given in a civil action duly instituted between such owner and the offender. Damages awarded to owner of bin damaged by offender. Amended by: L.N. 426 of 2007; L.N. 296 of 2018.
(2)When a person has been found guilty of an offence in accordance with the provisions of regulation 9, the court may, by the same judgment, and on proof of non-observance by an owner or occupier of a commercial premises under regulation 9, order the offender to pay to the Government by way of damages, a sum not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) for each bin and any such order shall be of the same force and effect and be executed in the same manner as if it had been given in a civil action duly instituted between such owner and the offender. 12.
(1)Where an offence referred to in regulations 4, 4A, 5, 6, 7, 8 and 10
(3)is committed in one or more of the sites listed in the next sub-regulation, the offender shall, on conviction, or on admission, be liable to an additional fine (multa) of not less than three hundred euro (€300) and not exceeding one thousand euro (€1,000) to the established fine (multa) due to the historical and environment importance of the site.
(2)The aggravating circumstances referred to in the preceding Aggravating circumstances. Amended by: L.N. 426 of 2007; L.N. 296 of 2018; L.N. 293 of 2020; L.N. 36 of 2023; L.N. 272 of 2025. 10 [ S.L.549.40 ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS sub-regulation relate to the disposal, spilling or dumping of litter, refuse, waste or swill in: (
  1. a)the immediate vicinity of a public monument, museum, place of worship or school; (
  2. b)the immediate vicinity of, or inside a World Heritage Site declared by UNESCO or a Historic Centre declared by the Authority; (
  3. c)the immediate vicinity of, or inside, any protected area under the Act, a Natural Reserve, Heritage Park, National Park, public garden, or playing field; (
  4. d)the immediate vicinity of, or on a public beach; (
  5. e)any other site, area, place or open space which the Minister may establish from time to time. Second and subsequent offences.
(3)Without prejudice to the preceding paragraphs of this regulation, a person found guilty under regulations 4, 4C, 4D, 5, 6, 7 and 8, shall, on conviction, be liable to a fine (multa) of five hundred euro (€500), if it is proved that such offender was found guilty of committing any offence under the regulations referred to in this same sub-regulation within twelve months prior to the issuance of the contravention and which has become res judicata.
(4)Furthermore, and without prejudice to the preceding subregulations, a person found guilty under regulation 10
(4)shall, on conviction, be liable to an additional fine (multa) of not less than six thousand euro (€6,000), but not exceeding fifteen thousand euro (€15,000), if it is proved that such offender was found guilty of committing an offence in terms of regulation 10
(4)within two
(2)years prior to the contravention. Hindering or obstructing authorised officer.
(5)Without prejudice to the Act, or to any other law, any person who by any means whatsoever, hinders or obstructs any officer from the exercise of his powers and functions under these regulations shall be liable, on conviction, to a fine (multa) of five hundred euro (€500). Issuance of charges to offender and proceedings in terms of article 5 of the Commissioners for Justice Act.
  1. In accordance with the provisions of any other law, and in accordance with the powers conferred by the Minister in accordance with the Act, any officer authorised to act under these provisions and in whose opinion an offence has been committed under these regulations, may proceed against the offender in terms of article 5 of the Commissioners for Justice Act which provisions shall apply mutatis mutandis to any proceedings in respect of offences charged under these regulations. Cap.
  2. Removal of litter ordered by the Court. Amended by: L.N. 296 of
  3. 14.
(1)The Court, in addition to any punishment referred to in these regulations, shall order the offender to remove the causes of the offence within a time sufficient for the purpose, but in any case not exceeding three months from the date of the judgment, to be fixed by the court; and, if the offender fails to comply with any such order within the time so fixed, the causes of the offence may be removed by the Local Council of the locality in which the offence has been committed at the expense of the offender, in which case such offender shall be made to refund the expense as a civil debt. Moreover the offender shall be liable to a fine (multa) of not less than fifty euro ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS [ S.L.549.40 11 (€50) and not more than one hundred and thirty euro (€130), as the court may fix, for every day the default continues after the expiration of the said time.
(2)Furthermore, and in addition to any penalty, should the Local Council of a locality or any other authority remove the dumped material prior to the proceedings in court, the said Court shall, on proof of the damage suffered, order the offender to pay, by way of damages, the Local Council or other authority any sum incurred in the removal of the material, and any such order shall be of the same force and effect and shall be executed in the same manner as if it had been given in a civil action duly instituted between the Local Council or any other authority and the offender.
(3)The Court may also order the forfeiture of the instruments used in the commission of any offence under these regulations, unless some person who has not participated in the crime, has a claim to such property. 14A. The Authority may impose an administrative fine in line with articles 80 and 81 of the Act upon any person who infringes any provision of these regulations or who fails to comply with any directive or decision given by the Authority in ensuring compliance with these regulations. Payment of a sum equivalent to the minimum fine. Added by: L.N. 296 of 2018. 15.
(1)In accordance with article 32
(4)(d) of the Act, and article 10
(3)and
(5)of the Commissioners for Justice Act, Local Councils shall place into the Environment Fund thirty percent of all the fines received from contraventions under regulations 4, 4A, 4B, 4C, 4D, 5, 6, 7, 8 and 9 and fifty percent of all the fines received from contraventions under regulation 10
(4)and regulation 12
(3)and
(4)and shall be so placed within one month from receipt of payment of the fines and penalties derived from such contraventions. Contribution of Local Councils to the Environment Fund and apportionment of fines. Substituted by: L.N. 296 of 2018. Cap. 291. Amended by: L.N. 36 of 2023; L.N. 272 of 2025.
(2)Fines awarded under these regulations on proceedings initiated by the Authority, shall be due to the Authority. 15A. Any person who commits any breach of an offence under these regulations shall be guilty of a crime: Provided that the regulations mentioned in the Schedule to the Commissioners for Justice Act shall be deemed to be infringements triable before the Commissioners for Justice: Provided further that, if the offences contemplated in regulations 4, 5 and 8 are committed in the circumstances mentioned in regulation 10
(4), they will be tried by the Court of Magistrates: Provided further that, in the cases mentioned above, the Court of Magistrates shall also be competent to hear the case if the circumstances mentioned in regulation 10
(4)is not proved. Breach Added by: L.N. 296 of 2018. 12 [ S.L.549.40 Transitory provisions. Substituted by: L.N. 296 of 2018. ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS 16. The provisions of regulations 4 to 9C, as they were prior to the coming into force of these regulations shall be deemed to have remained in force for the purpose of any prosecution commenced in terms thereof prior to the said date. ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS Amended by: L.N. 296 of 2018. [ S.L.549.40 13 SCHEDULE 1 Regulation 4 In accordance with regulation 4, acts or omissions listed hereunder shall be deemed to be an offence under the said regulation: (
  1. a)deposit, drop, place or throw any dust, dirt, paper, ash, cigarette butt, refuse, box, barrel, or any other article or thing in any public place; (
  2. b)keep or leave any article or thing in any place where it or particles therefrom have passed or are likely to pass into any public place; (
  3. c)throw or leave behind any bottle, can, food container, food wrapper, glass, particles of food or any other article or thing in any public place; (
  4. d)beat, clean, shake, sieve or otherwise agitate any ash, hair, feathers, lime, sand, waste paper or other substance in such manner that it is carried or likely to be carried by the wind to any public place; (
  5. e)spit any substance or expel mucus from the nose, or leave or deposit human material excretion, including vomit, or leave or deposit any animal material excretion upon or onto any street or any public place; (
  6. f)place, scatter, spill or throw any blood, brine, noxious liquid, swill or any other offensive or filthy matter of any kind, including oils, fuels, paints and other fluids, in such manner as to run or fall into any public place including in the sea or watercourses. Amended by: L.N. 296 of 2018. Substituted by: L.N. 346 of 2018; Amended by: L.N. 293 of 2020. SCHEDULE 2 (Regulation 10
(4)) In accordance to regulation 4A and to regulation 10
(4), objects and materials listed hereunder shall be deemed to be dumped or deposited refuse, litter, waste, swill or any other objects: (
  1. a)White goods and electrical and electronic equipment and appliances, including fridge, freezer, cooker, oven, dishwasher, geyser, hob, airconditioner, television, computer, in whole or in part; (
  2. b)Building material, rubble, stone, or excavated material, in whatever quantity, including a sack, bag, box or receptacle with tiles, disused pipes, slabs and any other material; (
  3. c)Bathroom suite in whole or in part; (
  4. d)Bedroom suite or other domestic furniture in whole or in part; (
  5. e)Commercial equipment, old stock office furniture and machinery, in whole or in part; (
  6. f)Cloths, rags and other material related to clothing; 14 [ S.L.549.40 ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS (
  7. g)All catering waste and swill in whatever quantity, disposed by a catering licensee; (
  8. h)Unlicensed and disused vehicle or vessel in whole or in part; (
  9. i)Non-domestic waste; (
  10. j)Dead animal; (
  11. k)Uncollected litter remaining after the lapse of twenty-four hours from the termination of an event organised by a person, or a body of persons, in a public place, including a rally, protest, concert, festival, public meeting or similar activity, unless the organiser shows that sufficient arrangements had been made for cleaning after the event; (
  12. l)Mixed agricultural and garden waste including plastics used for agricultural or gardening purposes: Provided that if the dumping or depositing constitutes of pruning remains only it shall qualify under Schedule 1. Added by: L.N. 296 of 2018. Substituted by: L.N. 346 of 2018; L.N. 181 of 2019; L.N. 293 of 2020. Amended by: L.N. 84 of 2022. Substituted by: L.N. 368 of 2022. Amended by: L.N. 267 of 2025 SCHEDULE 3 (Regulations 2 and 5
(3)) For the purposes of these regulations and of this Schedule, the following definitions shall apply: "Mixed Waste" means mixed waste, intended for collection by the respective Regional Council’s agent or contractor, on the indicated day. As from 1st July 2024, all mixed waste placed for collection shall be in transparent black bags; "Organic Waste/White Bag" means organic and, or biodegradable refuse containing food and kitchen waste, leaves and flowers, intended for collection, by the respective Regional Council’s agent or contractor, on the indicated day; "Recyclable Waste/Grey/Green Bag" means co-mingled paper, plastic and metal refuse, intended for collection by the respective Regional Council’s agent or contractor, on the indicated day. ABANDONMENT, DUMPING AND DISPOSAL OF WASTE IN STREETS AND PUBLIC PLACES OR AREAS Monday Tuesday Wednesda y Thursda y Friday [ S.L.549.40 15 Saturda y Sunday Mixed Waste No collection Organic Waste Organic Waste Mixed Waste Organic Waste Recyclabl e Waste Glass every first and third Friday of the month The applicable collection time for the said waste for each Local Council shall be provided to the Authority by the Department for Local Government, and shall be published by the Authority by means of a Government notice in the Gazette. Provided that where a scheduled collection day coincides with a public holiday, such collection may be carried out on the next working day or on another day as determined by the Authority after being duly informed of such need by the Department for Local Government, and also provided that adequate notice is given to the residents.

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