Chapter 206 – Litter Act
What is this act about?
This law, called the Litter Act, aims to prevent and control littering by setting rules about depositing waste in public places and establishing penalties for breaking these rules.
Who it applies to: Any person who deposits or handles refuse or litter in public outdoor spaces; Owners of vehicles used in certain littering offenses.
Deadlines:
- For certain offenses involving vehicles, the court may order sequestration of the vehicle for 2 months to 1 year and suspension of the offender's driving licence for the same period.
At a glance
- Country
- Malta
- Area of law
- Criminal law
- Articles
- 12
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The act of throwing, dropping, or depositing litter in public outdoor spaces.
- The proper way to deposit refuse for collection.
- The sorting of refuse that has been deposited for collection.
- Interference with government-provided litter receptacles or dustbins.
Who does this act apply to?
- Any person who deposits or handles refuse or litter in public outdoor spaces.
- Owners of vehicles used in certain littering offenses.
What are the key points?
- It is unlawful to deposit anything in public outdoor places that causes or contributes to defacement by litter, unless legally authorized.
- Refuse for collection (like dustbins, bottles, paper) must be deposited at a time reasonably close to, and before, the ordinary collection time.
- Sorting refuse deposited for collection or while being transported is not allowed.
- Unlawfully removing or interfering with government litter receptacles or dustbins is prohibited.
- Penalties for contravening the Act range from a fine of not less than €11.65 to not exceeding €2,329.37, depending on the offense.
- For certain offenses involving vehicles, the court may order sequestration of the vehicle for 2 months to 1 year and suspension of the offender's driving licence for the same period.
Criminal law
Legal text
Legal text
LITTER
CHAPTER 206
LITTER ACT To make provisions for the abatement of litter. (27th February, 1968)* ACT VIII of 1968, as amended by Acts: LIII of 1975, III of 1978, XIII of 1983 and XIX of 1984; and Legal Notice 411 of 2007.
Art. 1
The short title of this Act is the Litter Act.
Short title.
Art. 2
In this Act, unless the context otherwise requires - Interpretation. "Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta; "Minister" means the Minister responsible for public health; "place in the open air" includes any covered place open to the air on at least one side and available for public use.
Art. 3
No person shall throw down, drop or otherwise deposit in, into or from any place in the open air to which the public are entitled or permitted to have access without payment, and leave, anything whatsoever in such circumstances as to cause, contribute to, or tend to lead to, the defacement by litter of any place in the o p e n a i r, u n l e s s s u c h d e p o s i t i n g a n d l e a v i n g w a s l a w f u l l y authorized.
Leaving of litter.
Art. 4
No person shall deposit and leave in any place in the open air any dustbin, 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, and before, the time at which refuse collection ordinarily occurs in such place.
Deposit of refuse for collection.
Art. 5
It shall not be lawful for any person to sort any refuse deposited for collection at any place or while being transported after collection.
Sorting of refuse.
Art. 6
No person shall unlawfully remove or otherwise interfere with any receptacle for litter provided by the Government in any street or other public place or any dustbin deposited for collection at any place.
Unlawful removal of receptacle, etc.
Art. 7
Constitution of Public Cleansing Advisory Committee.
Amended by:
III. 1978.2. *See Government Notice No. 161 of the 27th of February, 1968.
LITTER
Standard dustbin.
Art. 8
Penalties.
Amended by:
LIII. 1975.2;
XIII. 1983.5;
XIX. 1984.2;
L.N. 411 of 2007.
Art. 9
Provided that where any person who has not participated in the offence, has a claim to such vehicle the sequestration shall only be ordered if the court is satisfied that no such claim is thereby prejudiced. (3A) If the offender is not the owner of the vehicle mentioned in subarticle (3) 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 LITTER the punishment laid down in subarticles (1), (1A) and (3). (3B) 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 subarticles (1), (1A) and (3), 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.
Art. 10
Special procedure in certain cases.
Added by:
III. 1978.3.
Amended by:
XIII. 1983.5;
L.N. 411 of 2007.
Art. 10A
10A. The Minister may make regulations for the better enforcement of the provisions of this Act, and without prejudice to the generality of this provision, may: (a) prescribe areas where dumping of refuse or waste may lawfully be carried out; (b) prescribe conditions or manner subject to which any aforesaid activities may be lawfully carried out; (c) prescribe the manner in which locally produced swill may be collected and disposed; (d) provide for any matter incidental or supplementary to any of the foregoing provisions;
Power to make regulations.
Added by:
XIX. 1984.3.
Amended by:
L.N. 411 of 2007.
LITTER (e) prescribe the penalties for any contravention against any regulations made under the provisions of this article, which penalties shall, unless a higher punishment is provided therefor in this Act, not exceed a fine (multa) of two hundred and thirty-two euro and ninety-four cents (232.94) for each offence.
Power of court to order removal of litter.
Added by:
XIX. 1984.4.
Art. 10B
10B. Where the offence relates to dumping, the court shall in addition to any penalty which may be imposed in accordance with this Act, also order the offender to remove from the place where the offence has taken place all the material, in respect of which he is found guilty, within a time sufficient for the purpose, to be fixed by the court, and that in default of compliance with that order such material be removed by the Police at the expense of the offender, in which case he may be made to refund the expense as a civil debt.