← Malta

L.S. 549.83 Regolamenti dwar is-Sit ta’ Il-Majjistral, Park ta’ Natura u Storja

MAJJISTRAL NATURE AND HISTORY PARK SITE [ S.L.549.83 1 SUBSIDIARY LEGISLATION 549.83 MAJJISTRAL NATURE AND HISTORY PARK SITE REGULATIONS 30th July, 2013 * LEGAL NOTICE 217 of 2013, as amended by Legal Notice 181 of 2014, 300 of 2017 and 134 of

  2. The title of these regulations is the Majjistral Nature and History Park Site Regulations.
  3. In these regulations unless the context otherwise requires: "Act" means the Environment Protection Act; Citation. Interpretation. Amended by: L.N. 300 of 2017; L.N. 134 of
  4. Cap
  5. "beach" means Ir-Ramla tal-Mixquqa (Golden Bay), as provided in the Conservation of Wild Birds Regulations; S.L. 549.42 "bird" and "birds" have the same meaning as provided in the Conservation of Wild Birds Regulations; S.L. 549.42 "Board" has the same meaning as provided in the Establishment of the Majjistral, Nature and History Park Regulations; "boundaries" has the same meaning as provided in the Establishment of the Majjistral, Nature and History Park Regulations; "camp" means a structure set up as a place for temporary accommodation; "falconry" means the sport of hunting or taking quarry species with a falcon and shall include the keeping, flying, training and, or the display of such trained falcon in accordance with the provisions of the Conservation of Wild Birds (Falconry) Regulations and shall exclude hunting and taking by other means; "firearm" has the same meaning as provided in the Protection of Birds and Wild Rabbit Regulations, and the Conservation of Wild Birds Regulations; S.L. 549.48 S.L. 549.48 S.L. 549.
  6. S.L. 549.90 S.L. 549.42 "hunt" and "hunting" means the use of a fire-arm or any other weapon for the purpose of hunting wild birds or wild rabbit (Oryctolagus cuniculus); "motor vehicle" has the same meaning as provided in the Motor Vehicles (Offroading) Regulations; S.L. 552.03 "Park" has the same meaning as provided in the Establishment of the Majjistral, Nature and History Park Regulations; S.L. 549.48 " P a r k M a n a g e r " ha s t h e sa m e m e a n i ng a s th e "m a nag i ng organisations" as provided in the Establishment of the Majjistral, Nature and History Park Regulations; *see regulation 1

(2)of these Regulations, as originally promulgated, and Legal Notice 233 of
  1. S.L. 549.48 2 [ S.L.549.83 Cap.
  2. S.L. 549.01 S.L. 549.03 S.L. 549.90 S.L. 549.02 S.L. 552.02 S.L. 552.03 S.L. 549.35 S.L. 549.42 S.L. 549.44 S.L. 549.123 MAJJISTRAL NATURE AND HISTORY PARK SITE "related regulations" include the Filfla Nature Reserve Act, the Fungus Rock (Il-Ġebla tal-Ġeneral) Nature Reserve Regulations, the Selmunett Islands (St. Paul Islands) Nature Reserve Regulations, the Protection of Birds and Wild Rabbit Regulations, the Reptiles (Protection) Regulations, the Rubble Walls and Rural Structures (Conservation and Maintenance) Regulations, the Motor Ve h i c l e s ( O f f r o a d i n g ) R e g u l a t i o n s , t h e M a r i n e M a m m a l s ( P r o t e c t i o n ) R e g u l a t i o n s , t h e C o n s e r v a t i o n o f Wi l d B i r d s Regulations, the Flora, Fauna and Natural Habitats Protection Regulations, the Trees and Woodlands Protection Regulations, and all regulations establishing any prohibition or any requirement for a permit or authorization in respect of any intervention mentioned in these regulations; "sand" means the sand at Ir-Ramla tal-Mixquqa (Golden Bay) as shown in the site plan in the Schedule 1; "take" and "taking" means the live-capture of birds or wild rabbit and excludes falconry. Prohibited activities and restrictions inside the Park. Amended by: L.N. 181 of
  3. Substituted by: L.N.300 of
  4. 3.
(1)No person shall: (
  1. a)prior to two hours before sunrise and after twelve thirty in the afternoon (12.30p.m.), hunt or attempt to hunt, in any area of the Park during September, October and November and during spring hunting season, whenever a spring hunting derogation is applied: Provided that no person shall hunt or attempt to hunt, in any area of the park, prior to two hours before sunrise and after ten o’ clock in the morning (10.00a.
  2. m)on Wednesdays; (
  3. b)prior to two hours before sunrise and after ten o’ clock in the morning (10.00a.
  4. m)hunt or attempt to hunt, in any area of the Park during December and January; (
  5. c)prior to two hours before sunrise and after ten o’ clock in the morning (10.00a.
  6. m)hunt or attempt to hunt, in any area of the Park on Public holidays between September and January and on Public holidays during spring hunting season, whenever a spring hunting derogation is applied; and (
  7. d)prior to two hours before sunrise and after two thirty in the afternoon (2.30p.m.) during the open season, take or attempt to take any wild bird or wild rabbit, in any area of the Park.
(2)No person shall access or attempt to access the Park: (
  1. a)whilst being in possession of a firearm or any other weapon, whether loaded or not, whether inside its cover or not or whilst being in possession of ammunition or other equipment to hunt or any other means used to facilitate hunting prior to two hours before sunrise and after twelve thirty in the afternoon (12.30p.m.) during September, October and November and during spring hunting season or prior to two hours MAJJISTRAL NATURE AND HISTORY PARK SITE [ S.L.549.83 before sunrise and after ten o’clock (10.00a.
  2. m)in the morning during December and January: Provided that no person shall access or attempt to access the Park whilst being in possession of a firearm or any other weapon, whether loaded or not, whether inside its cover or not or whilst being in possession of ammunition or other equipment to hunt, or any other means used to facilitate hunting, prior to two hours before sunrise and after ten o’clock in the morning (10.00
  3. am)on Wednesdays; (
  4. b)whilst being in possession of a firearm or any other weapon, whether loaded or not, whether inside its cover or not or whilst being in possession of ammunition or other equipment to hunt or any other means used to facilitate hunting prior to two hours before sunrise and after ten o’clock (10.00a.
  5. m)in the morning on Public Holidays in between September and January and on Public Holidays during Spring hunting season, whenever a spring hunting derogation is applied; and (
  6. c)whilst being in possession of trapping equipment or any other means used to facilitate the taking of any wild bird or wild rabbit prior to two hours before sunrise and after two thirty in the afternoon (2.30p.m.) during open season.
(3)Any person hunting within the boundaries of the Park shall unload his firearm or any other weapon and place it inside its cover and shall collect any other equipment used to hunt or any other means used to facilitate hunting and exit the Park by: (
  1. a)twelve thirty in the afternoon (12.30p.m.) during September, October and November and during spring hunting season and from ten o’clock (10.00a.
  2. m)in the morning till two hours before sunrise of the following day, during December and January and shall remove from the Park any weapon, ammunition or other equipment to hunt or any other means used to facilitate hunting of any wild bird or wild rabbit, by twelve thirty in the afternoon (12.30p.m.) during September, October and November and during spring hunting season, and from ten o’clock (10.00a.
  3. m)in the morning till two hours before sunrise of the following day, during December and January: Provided that any person hunting within the boundaries of the Park shall unload his firearm or any other weapon and place it inside its cover and shall collect any other equipment used to hunt or any other means used to facilitate hunting and exit the Park, throughout the year, by ten o’ clock in the morning (10.00a.
  4. m)till to two hours before sunrise on Wednesdays; and (
  5. b)ten o’clock (10.00a.
  6. m)in the morning on Public 3 4 [ S.L.549.83 MAJJISTRAL NATURE AND HISTORY PARK SITE Holidays in between September and January and on Public holidays during spring hunting season whenever a derogation for this season is applied and remove from the Park any weapon, ammunition or other equipment to hunt or any other means used to facilitate hunting of any wild bird or wild rabbit, by ten o’clock (10.00a.
  7. m)in the morning on Public Holidays in between September and January and Public Holidays during Spring hunting season whenever a derogation for this season is applied. S.L.549.74. S.L.549.93.
(4)Where a person lawfully possesses a building within the boundaries, such person may store in a locked-up compartment within such building any unloaded firearm or other weapon, ammunition, equipment or other means used by him to facilitate hunting of any wild bird or wild rabbit.
(5)Any person practicing taking within the boundaries of the Park shall collect any taking equipment or any other means used to facilitate taking of wild rabbit and exit the Park by two thirty in the afternoon (2.30p.m.) during open season, and, or, in the case of taking of birds in accordance with the provisions of the applicable Conservation of Wild Birds (Framework for Allowing a Derogation Opening an Autumn Live-Capturing Season for Song Thrush and Golden Plover) Regulations, and, or, Conservation of Wild Birds (Framework for Allowing a Derogation Opening an Autumn LiveCapturing Season for Finches) Regulations shall remove all live decoys and ensure that any clap-nets are disarmed and laid completely flat on the ground by two thirty in the afternoon (2.30p.m.) and at all times during prohibited hours, and dismantled upon closure of the Autumn live-capturing season and removed from the site: Provided that when the nets are disarmed and laid completely flat on the ground, the person practicing taking of birds shall take requisite measures to ensure that no accidental entanglement of any species occurs when the nets are not active: S.L. 549.42 S.L. 549.90 Provided further that where a person lawfully possesses a building within the boundaries, such person may store in a lockedup compartment within such building any trapping equipment or other means used by him to facilitate the taking of any wild bird or wild rabbit.
(6)Without prejudice to provisions of the Conservation of Wild Birds Regulat ions, and the Protection of Wild Rabbit Regulations, no person shall: (
  1. a)be in possession of a firearm or any other weapon for hunting, whether loaded or not, whether inside its cover or not or be in possession of ammunition or other equipment to hunt or any other means used to facilitate hunting of any wild bird or wild rabbit, anywhere in the Park between twelve thirty in the afternoon (12.30p.m.) and two hours before sunrise of the following day during September, October and November and during spring hunting season, and between ten o’clock (10.00a.
  2. m)in the morning and MAJJISTRAL NATURE AND HISTORY PARK SITE [ S.L.549.83 two hours before sunrise of the following day during December and January: Provided that no person shall be in possession of a firearm or any other weapon for hunting, whether loaded or not, whether inside its cover or not or be in possession of ammunition or other equipment to hunt or any other means used to facilitate hunting of any wild bird or wild rabbit, anywhere in the Park between ten o’ clock in the morning (10.00a.
  3. m)till to two hours before sunrise of the following day on Wednesdays; (
  4. b)be in possession of a firearm or any other weapon for hunting, whether loaded or not, whether inside its cover or not or be in possession of ammunition or other equipment to hunt or any other means used to facilitate hunting of any wild bird or wild rabbit, anywhere in the Park between ten o’clock (10.00a.
  5. m)in the morning and two hours before sunrise of the following day on Public Holidays in between September and January and on Public Holidays during Spring hunting season whenever a derogation for this season is applied; (
  6. c)be in possession of trapping equipment or any other means used to facilitate taking of any wild bird or wild rabbit, anywhere in the Park between two thirty in the afternoon (2.30p.m.) and two hours before sunrise of the following day during open season; (
  7. d)be in possession or control of a hunted wild bird or a wild rabbit, whether dead or alive, whether whole or in part anywhere in the Park between twelve thirty in the afternoon (12.30p.m.) and two hours before sunrise of the following day during September, October and November and during spring hunting season and between ten o’clock (10.00a.
  8. m)in the morning and two hours before sunrise of the following day during December and January: Provided further that no person shall be in possession or control of a hunted wild bird or a wild rabbit, whether dead or alive, whether whole or in part anywhere in the Park between ten o’ clock in the morning (10.00a.
  9. m)till to two hours before sunrise of the following day on Wednesdays; and (
  10. e)be in possession or control of a hunted wild bird or a wild rabbit, whether dead or alive, whether whole or in part anywhere in the Park between ten o’clock (10.00a.
  11. m)in the morning and two hours before sunrise of the following day on Public Holidays in between September and January and on public holidays during spring hunting season. whenever a derogation for this season is applied.
(7)Without prejudice to the provisions of the Conservation of Wild Birds Regulations no person in any part of the park shall be in possession or control of live wild birds used as decoys for taking, S.L. 549.42 5 6 [ S.L.549.83 MAJJISTRAL NATURE AND HISTORY PARK SITE anywhere in the open field within the Park between two thirty in the afternoon (2.30p.m.) and two hours before sunrise of the following day during any open season for taking of birds whenever any live-capturing derogation is applied.
(8)No person shall leave inside the park any fire-arm or other weapon used for hunting, whether loaded or not, whether inside its cover or not or leave any ammunition or other equipment to hunt or any other means used to facilitate hunting of any wild bird or wild rabbit, anywhere in the Park, between: (
  1. a)twelve thirty in the afternoon (12.30p.m.) and two hours before sunrise of the following day during September, October and November and during spring hunting season and between ten o’clock (10.00a.
  2. m)in the morning and two hours before sunrise of the following day during December and January: Provided that no person shall leave inside the park any fire-arm or other weapon used for hunting, whether loaded or not, whether inside its cover or not or leave any ammunition or other equipment to hunt or any other means used to facilitate hunting of any wild bird or wild rabbit, anywhere in the Park, between ten o’ clock in the morning (10.00a.
  3. m)till to two hours before sunrise on Wednesdays; (
  4. b)ten o’clock (10.00a.
  5. m)in the morning and two hours before sunrise of the following day on Public Holidays in between September and January and on Public Holidays during spring hunting season whenever a derogation for this season is applied; and (
  6. c)where a person lawfully possesses a building within the boundaries, such person may store in a locked-up compartment within such building any unloaded firearm or other weapon, ammunition, equipment or other means used by him to facilitate hunting of any wild bird or wild rabbit.
(9)Without prejudice to the provisions of any other law, and unless in possession of a valid permit or authorization issued under the direction of the Park Manager, as applicable, no person shall within the boundaries of the Park: (
  1. a)park, place or drive a vehicle outside designated areas as indicated from time to time by the Board, except for: (
  2. i)the parking or driving of agricultural vehicles on existing cultivated land as reasonably required for the purpose of continued cultivation; or (
  3. ii)the maintenance of infrastructural services and, or public works in line with the approved plans for the management of the Park, and on condition that the works and any ancillary parking, placing or driving are strictly confined to the site approved for the works; or MAJJISTRAL NATURE AND HISTORY PARK SITE [ S.L.549.83 (iii) law enforcement and keeping of good order: Provided that in all cases, the person shall still be liable for any direct, indirect or consequential damage to the Park; (
  4. b)camp outside designated areas as indicated from time to time by the Board; (
  5. c)kindle or attempt to kindle a fire for entertainment purposes, including and not limited to fireworks, bonfires, barbecues, and camp-fires outside designated areas as indicated from time to time by the Board, provided that this provision does not apply to a person who kindles: (
  6. i)a fire directly connected with or necessary for the management of the Park, with prior approval of the Park Manager; or (
  7. ii)a controlled fire within the confines of a private dwelling or a controlled fire on existing cultivated land for the purpose of cultivation and related maintenance insofar as these are not in conflict with the management plan provisions for the Park: Provided further that in all cases, the person shall still be liable for any direct, indirect or consequential damage to the Park; (
  8. d)hold an organized operation or activity or work, of a commercial nature or otherwise, other than walking and cycling on designated footpaths and educational tours organised by the Park Manager and subject to other permits needed, involving more than twenty
(20)persons; (
  1. e)effect or place any temporary installation or facility for the purpose of organized operations or activities or work; (
  2. f)hold any organised filming activity or similar operations or activities taking place outside designated areas as indicated from time to time by the Board; (
  3. g)remove any stones, pebbles or sand from the beach or the sand dunes except as part of the management of the Park under the direction of the Park Manager; (
  4. h)move, remove, shift or damage any equipment used for the management of the park, including any signs, barriers, waste collection facilities, or beach safety equipment; (
  5. i)cause damage to the Park and its biodiversity.
(10)The provisions of these regulations shall apply without prejudice to the provisions of any other related regulations, and do not exempt any person including the Park Manager from complying with any restrictions, prohibitions, and permit requirements that may be applicable. The Park Manager shall be responsible for ensuring that such regulations and requirements are duly complied 7 8 [ S.L.549.83 MAJJISTRAL NATURE AND HISTORY PARK SITE with at all times to the satisfaction of the competent authorities. Permits issued by the Park Manager. Falconry. Added by: L.N. 134 of
  1. S.L. 549.
  2. Offences and penalties. Amended by: L.N. 134 of
  4. The Park Manager may issue a permit prior to the carrying out of any prohibited activity included in regulation 3 provided that such permits are without prejudice to the related regulations and other permits, authorizations, licenses or clearances requested by law. 4A. Falconry may be practised within the Park in line with the p r o v i s i o n s o f t h e C o n s e r v a t i o n o f Wi l d B i r d s ( F a l c o n r y ) Regulations: Provided that, no person shall be in possession or control of a wild bird or a wild rabbit, whether dead or alive, whether whole or in part, anywhere in the Park outside the hours during which falconry is permitted. 5.
(1)Any person who - (
  1. a)fails to observe the provisions of these regulations or of any other lawful order given by virtue of any provision of these regulations; or (
  2. b)infringes any restriction, prohibition or need imposed by these regulations or by virtue thereof; or (
  3. c)fails to observe any condition of a permit or consent granted under the provisions of these regulations; or (
  4. d)acts in contravention of any provision of these regulations; or (
  5. e)makes a statement or presents information or documentation, which such person knows to be false, for the purpose of obtaining the approval of a permit or derogation in line with these regulations; or (
  6. f)conspires or attempts to conspire, aids or attempts to aid, abets or attempts to abet, counsels or attempts to counsel, procures or attempts to procure any other person to contravene the provisions of these regulations, or to fail from complying with any one of these provisions, including any lawful order given by virtue of any provision of these regulations, or to infringe any restriction, prohibition or need imposed by these regulations or by virtue thereof, shall be guilty of an offence against these regulations. S.L. 549.42
(2)The provisions of the Conservation of Wild Birds Regulations shall apply mutatis mutandis to any person who commits an offence under sub-regulations
(1)to
(8)of regulation 3, and the punishments contemplated therein shall, on conviction, apply.
(3)Any person who commits or attempts to commit an offence against any other regulation not mentioned in last foregoing subregulation shall be liable: (
  1. a)on first conviction, to a fine (multa) of not less than four hundred euro (€400) but not exceeding fifty thousand euro (€50,000); (
  2. b)on a second or a subsequent conviction, to a fine MAJJISTRAL NATURE AND HISTORY PARK SITE [ S.L.549.83 (multa) of not less than six hundred euro (€600) but not exceeding sixty thousand euro (€60,000), or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.
(4)Any person found guilty of committing an offence under these regulations shall, in addition to the penalties prescribed in the last foregoing sub-regulation, be liable to all applicable penalties and measures by way of civil liability, and the Court shall order: (
  1. a)the payment of the full expenses incurred by the public entities and, or other persons acting on their behalf in the implementation of these regulations, for remedying, to the satisfaction of the Park Manager, the damage caused to the Park as a result of the commission of an offence under these regulations; (
  2. b)the payment of any other expenses incurred and, or the implementation of mitigation measures, that may be reasonably required to contain or prevent the impact of an offence committed under these regulations; and (
  3. c)the payment of the value, that shall be liquidated by the Court, of any irreparable and irrevocable loss or damage to the environment, biological diversity, landscape, natural heritage or cultural heritage, as may be relevant to these regulations: Provided that any such fines do not together exceed the limits imposed by the Act.
(5)The Court shall order any person found guilty of committing an offence under these regulations to remove the causes of the offence and to undo anything which was committed without the requisite permits within a time sufficient for the purpose, but in any case not exceeding three months from the date of judgment, to be fixed by the Court and, if the offender fails to comply with any such order within the time so fixed, such person shall be liable to a fine (multa) of not less than fifty euro (€50) but not exceeding one hundred and fifty euro (€150), as the Court may fix, for every day that the default continues after the expiration of the said time.
(6)The provisions of articles 23 and 30
(1)of the Criminal Code shall, mutatis mutandis, apply to proceedings in respect of the offences against these regulations, so however that the disqualification from holding or obtaining a license, permit, clearance or authority shall in no case be for less than one year.
(7)Notwithstanding the provisions of article 370 of the C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.
(8)Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have the right of appeal to the Court of Criminal Appeal from any judgment given by the Court of Cap.
  1. Cap.
  2. Cap.
  3. 9 10 [ S.L.549.83 MAJJISTRAL NATURE AND HISTORY PARK SITE Magistrates (Malta) or the Court of Magistrates (Gozo), in respect of proceedings for any offence against these regulations. Non-applicability of these regulations. S.L. 549.42 6.
(1)The provisions of these regulations shall not apply in cases of defence and national security, public safety and health, salvage operations and the investigation of offences provided that all reasonable measures are taken to avoid unnecessary environmental damage.
(2)The provisions and conditions laid down in these regulations shall be without prejudice to the Conservation of Wild Birds Regulations to the extent that the latter are not inconsistent with these regulations, in which case, and to the extent of the inconsistency, these regulations shall prevail. MAJJISTRAL NATURE AND HISTORY PARK SITE SCHEDULE Regulation 2 Ir-Ramla tal-Mixquqa (Golden Bay) [ S.L.549.83 11

🔗 Għas-sors uffiċjali

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