L.S. 549.07 Regolamenti dwar Drittijiet għad-Depożitu ta’ Kull Skart u Radam

DEPOSIT OF WASTES AND RUBBLE (FEES) [ S.L.549.07 1 SUBSIDIARY LEGISLATION 549.07 DEPOSIT OF WASTES AND RUBBLE (FEES) REGULATIONS 29th August, 1997 LEGAL NOTICE 128 of 1997, as amended by Legal Notices 206 of 1997, 190 of 1999, 405 and 426 of 2007, 382 of 2009*, 279 of 2010, 203 of 2011 242 of 2022 and 22 of 2025. 1. The title of these regulations is the Deposit of Wastes and Rubble (Fees) Regulations. Citation. 2. For the purpose of these regulations and unless the context otherwise requires - Definitions. Amended by L.N. 382 of 2009; L.N. 242 of 2022. " "Act" means the Environment Protection Act; "Authority" means the Environment and Resources Authority as established under the Environment Protection Act; "Chief Executive of the Water Services Corporation" means the official delegated by virtue of the Water Services Corporation Act, to be responsible for the control and management of the Water S e r vi c e s C or p or a t i on a nd in c l ud e s an y o t her o ff i c e r in hi s Corporation who acts on his behalf for the purpose of the regulations. "Department for Waste Strategy Implementation" means the government entity entrusted with the responsibility for waste management strategy implementation; "Director for Waste Strategy Implementation" means the official delegated to be responsible for the control, direction and m a n a g e m e n t o f t h e D e p a r t m e n t f o r t h e Wa s t e S t r a t e g y Implementation, and includes any other officer in his Department who acts on his behalf; "depositor" means any person who deposits any rubble, waste or hazardous waste using a vehicle to transport it to a deposit site; "domestic waste" means waste which is not hazardous waste and which is collected from premises used exclusevely for human habitation, in Malta, "hazardous waste" means waste which is included in Schedule A and any other type of waste which the Authority has reason to believe to be hazardous; "mixed waste" means mixed refuse, intended for collection by the respective Local Council’s agent or contractor, on the indicated day; "rubble" means rubble originating in Malta and which is not soil *The coming into force of the amendments made by Legal Notice 382 of 2009 is as follows: (

1. a)for waste deposited at public deposit sites by or on behalf of Local Councils, they shall be deemed to have come into force on the 1st October, 2009; and (
2. b)for waste deposited at public deposit sites by or on behalf of other entities, they shall be deemed to have come into force on the 1st April, 2010. Cap. 549. Cap. 549. Cap. 355. 2 [ S.L.549.07 DEPOSIT OF WASTES AND RUBBLE (FEES) and includes such material as dust, lime-stone or other kinds of stone, concrete, floor-tiles, ground stone, sand, gravel and rubble which results from excavations, ground preparation, demolition of buildings, road works and other similar works; "vehicle" means any vehicle which is registered with the Director for Waste Strategy Implementation which is self-propelled or otherwise and which is used for the transportation of rubble, waste or hazardous waste and includes a truck, tipper, waste collecting vehicle, trailer, lorry, skip loader hopper barge or any other sea craft used for the disposal of waste at sea but excludes any vehicle licensed for domestic purposes which carries less than one metric tonne of rubble, waste or hazardous waste; "waste" means all types of wastes originating in Malta which are transported by the vehicle, but does not include hazardous waste; "waste desposit site" means any site on land or at sea which is licensed by the Authority for the deposit of rubble, waste or hazardous waste and which is included from time to time in Schedule B. S.L. 549.63. "waste electrical and electronic equipment" or "WEEE" means electrical and electronic equipment which is waste as defined in regulation 4 of the Waste Regulations, including all components, subassemblies and consumables which are part of the product at the time of discarding; "waste management facility" means a site or facility that allows for the storing, sorting, source segregating, treatment and transfer of waste. Deposit of waste. 3. No person may deposit any rubble, waste or hazardous waste in any site unless it is a deposit site. Site owners to be licensed. 4. Any person who is an owner of a site which is used for the depositing of rubble, wastes or hazardous wastes must be in possession of a licence issued by the Authority for that purpose. Inspection of deposit site. 5. The Authority, the Director for Waste Strategy Implementation and the Chief Executive of the Water Services Corporation may at any time inspect any deposit site and make any tests, take any samples or other evidence so as to ascertain that the deposit of rubble, waste or hazardous waste is in no way prejudicial to the environment or to the integrity of the water resources: Provided that any person who is either the owner or is responsible for the site must provide access, assistance and the information requested by the Directors and Chief Executive mentioned in these regulations. Registration of vehicle. 6. Any person who deposits rubble, waste or hazardous waste must register every vehicle with the Department for Waste Strategy Implementation and renew the registration annually from the day when the first registration was made unless the registration has been previously cancelled by the said Director. Inspections. 7. The Authority and the Director for Waste Strategy Implementation may, separately or jointly, following an application for registration, and at any time thereafter, inspect the vehicle so as DEPOSIT OF WASTES AND RUBBLE (FEES) [ S.L.549.07 3 to ascertain that it is fit and continues to be fit for the purpose of carrying the rubble, waste and hazardous waste for which it is registered. 8. Any person who deposits rubble in a public deposit site shall pay the sum of €3.21 excluding Value Added Tax to the government entity entrusted with the responsibility for waste management strategy implementation for every metric tonne of rubble to be deposited: Rubble deposit fee. Amended by: L.N. 426 of 2007. Substituted by: L.N. 382 of 2009; L.N. 279 of 2010; L.N. 242 of 2022. Provided that the deposit of domestic rubble in the public deposit sites indicated in items 7 to 12 in Schedule B by the householder generating that waste, is exempt from payment of this fee. 9. Any person who deposits waste and, or WEEE in a public deposit site must pay the fee indicated in Schedule C to the government entity responsible for waste management strategy implementation for every metric tonne of such waste to be deposited: Provided that if the actual weight of the rubble or waste to be deposited cannot be established, the government entity entrusted with the responsibility for waste management strategy implementation may demand the same rate indicated in Schedule C but calculated against a density of 2 metric tonnes per cubic metre for every cubic metre as estimated from the outer dimensions of the receptacle which contains rubble or waste which is not hazardous waste: Waste deposit fee. Amended by: L.N. 405 of 2007; L.N. 426 of 2007; L.N. 382 of 2009. Substituted by: L.N. 242 of 2022. Provided further that the deposit of domestic waste in the public deposit sites indicated in items 7 to 12 in Schedule B by the householder generating that waste, is exempt from payment of this fee: Provided further that any person who deposits dredged material or inert uncontaminated geological material in a deposit site at sea as included in Schedule B, must have in his possession a permit in writing to this effect from the Authority, and pay any fees as the Authority may so require. The Minister responsible for the environment jointly with the Minister responsible for finance, may, through publication of a notice in the Gazette, exempt any person from the payment of such fees, in full or in part, if, the project in question is declared to have any strategic or national significance: Provided further that the Authority may refuse to permit the deposit of rubble, waste, WEEE, and, or hazardous waste in a deposit site if in its opinion this will result in considerable damage to the environment or is in contravention of international obligations, or for any other reason the same Authority deems appropriate. 10. Any person who deposits hazardous waste in a deposit site shall have in his possession, a permit in writing to this effect from the Authority: Provided that if the hazardous waste or other waste is deposited in a public facility, the person who deposits the hazardous waste or other waste shall pay the fee indicated in Schedule D to the Hazardous waste fees. Amended by: L.N. 426 of 2007. Substituted by: L.N. 382 of 2009. Amended by: L.N. 203 of 2011. Substituted by: L.N. 242 of 2022. 4 [ S.L.549.07 DEPOSIT OF WASTES AND RUBBLE (FEES) government entity entrusted with the responsibility for waste management strategy implementation, for every metric tonne of such waste to be deposited. These rates may be adjusted periodically to reflect changes to the Retail Price Index: Provided further that the deposit of domestic hazardous waste in the public deposit sites indicated in items 7 to 12 in Schedule B by the householder generating that waste, is exempt from payment of this fee. Exemption from paying fee. 11. Any person who deposits waste which is transported by a vehicle may be exempted from paying the fee referred to in regulation 8 and 9 and after having obtained the written permission of the Director of Waste Strategy Implementation. Registration of vehicles. 12. After the 31st October, 1997, no person may transport rubble, waste or hazardous waste by means of a vehicle which is not registered with the Director for Waste Strategy Implementation. Registration fee. Amended by: L.N. 426 of 2007. 13. The owner of any vehicle used to transport rubble, waste or h a z a r d o u s wa s t e m u s t p a y t h e D i r e c t o r f o r Wa s t e St r a te g y Implementation a fee of twenty-three euro and twenty-nine cents (€23.29) to register the vehicle for that purpose and must pay the same amount every year thereafter to renew the registration, unless the registration is deleted by the same Director beforehand. Bank guarantee. Amended by: L.N. 190 of 1999. Applicant for deposit site to have insurance coverage. Amended by: L.N. 426 of 2007. 14. (Deleted by L.N. 382 of 2009). 15. The applicant for a deposit site must be covered by an insurance policy for environmental damages resulting from the deposit of rubble, waste or hazardous waste and by whatever means. The sum covered by the insurance policy must be decided by the Chief Executive for the Water Services Cor poration according to the vulnerability of the aquifer where the deposit site is located. The sum covered by the insurance policy however may not be less than five hundred and eighty-two thousand and three hundred and forty-three euro and thirty-five cents (€582,343.35): Provided that if the aquifer is damaged and the damages exceed the sum covered by the insurance policy the applicant is responsible for the additional costs. Damages would be estimated also on the loss of production of water as well as on all remedial works to reverse the damage. Identification of vehicles. 16. The Director for Waste Strategy Implementation must provide the owner of any registered vehicle, according to and for the purpose of these regulations with means of identification for each particular vehicle. These identifications must be portrayed at all times on the same vehicle to the satisfaction of the same Director in order to permit the exclusive entry of the vehicle in any deposit site. Collection of fees. 17. The Director for Waste Strategy Implementation, and, or the Director for the Environment and, or the Chief Executive of the Water Services Corporation as applicable, may make special arrangements for the collection of fees due to him, including the period of collection of the same fees, and the place where they are DEPOSIT OF WASTES AND RUBBLE (FEES) [ S.L.549.07 5 to be paid. 18. The Director for Waste Strategy Implementation and, or the Authority where applicable may refuse to permit the deposit of rubble, waste and hazardous waste until the fees due are paid after the expiry of a reasonable time limit which shall not exceed sixty days from the day when the first request is made. Payment of fees. 19. The fees prescribed under these regulations may be collected according to the method laid down in the Code of Organization and Civil Procedure for the collection of fees that are due to the Authority and, or the Department for Waste Management as applicable. Applicability of the Code of Organization and Civil Procedure. Cap. 12. 20. Any person who contaminates or in some way mixes rubble with waste or hazardous waste shall be guilty of an offence under these regulations. Contamination, etc., of rubble. 21. These regulations shall apply in the same manner to all G o v e r n m e n t D e p a r t m e n t s , p a r a st a t a l o rg a n i s a t i o n s , p u b l i c corporations and other similar entities. Applicability of fee regulations. 22. Any person shall be guilty of an offence under these regulations if: Offences under these regulations. (
3. a)he fails to comply with any provision of these regulations or with any order lawfully given in terms of any provision of these regulations; or (
4. b)he contravenes any restriction, prohibition or requirement imposed by or under these regulations, or (
5. c)he acts in contravention of any of the provisions of these regulations; or (
6. d)he conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions of these regulations or to fail to comply with any such provisions (including any order lawfully given in terms of any of the provision of these regulations) or to contravene any restriction, prohibition or requirement imposed by or under the said regulations. 23. Any person who commits an offence against these regulations shall, on conviction, be liable: (
7. a)on a first conviction to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37); (
8. b)on a second or subsequent convictions, to a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37), but not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (€4,658.75) or to imprisonment for a term not exceeding two years, or to both such fine and Penalties. Amended by: L.N. 426 of 2007. 6 [ S.L.549.07 DEPOSIT OF WASTES AND RUBBLE (FEES) imprisonment: Provided that 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; Provided further that the court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by the Departments mentioned in these regulations as a result of the said offence, the revocation of the permit issued by the Police and the confiscation of the corpus delicti. Applicability of the Criminal Code. Cap. 9. Cap. 9. Cap. 9. 24.