Trees and Woodlands (Protection) Regulations, 2001 (L.N. No. 12 of 2001)

L.N.12 of2001 ENVIRONMENT PROTECTION ACT (CAP. 348~ Trees and Woodlands (Protection) Regulations, 2001 IN virtue of the powers vested in him by articles 3, 6, 32, 33 and 48 of the Environment Protection Act, the Minister for the Environment, with the concurrence ot the Minister for Agriculture and Fisheries, has made the following regulations: 1. These regulations may be cited as the Trees and Woodlands Citation. (Protection) Regulations, 2001. 2. Without prejudice to the provisions of Government Notice Declaration of No. 269 of the 19th July, 1933 about a list of historical trees having protected flora. an antiquarian importance, the Conifer Trees (Preservation) Regulations, 1949 published by Government Notice No. 328 of the 25th May, 1949 (S.L. 10.22), and of the Development Planning Act, Cap.356. it is hereby declared that: (a) the species of trees listed in Schedules I, II and III to these regulations are protected; and (b) the trees indicated in the areas listed in Schedule IV to these regulations are protected. 3. It is hereby declared that the areas listed in Schedule IV to Declaration of h ul . natme reserves. t ese reg ations are nature reserves. 4. In these regulations, unless the context otherwise Interpretation. requires: "Act" means the Environment Protection Act; "biological identity" meus the variability among living organisms from all sources including, among others, terrestrial, marine and other aquatic ecosystems, and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems; "Commissioner" means the Commissioner of Police; "construction" means every structure built in conformity with the law, and does not include gardens, fields or other open spaces which surround it, even if these form part of the same property; Cap. 315. "Department" means the Department for the Protection of the Environment under the guidance of the Director; "Director" means the Director for the Protection of the Environment being the official as delegated in terms of paragraph (b) of section 3 of the Act to be responsible for the protection of the environment, and delegated for the control, direction and management of the Department for the Protection of the Environment, and includes any officer in his Department who acts on his behalf, and for the purposes of any regulations made under the Act, the term "Director responsible for the environment" or any other similar term, and the term "Official responsible for the protection of the environment" in the Act, shall be deemed to have the same meaning as Director in these regulations; "management" means processes of pruning or trimming of horticulturally-grown trees, which can only be undertaken by the Department of Agriculture; "Minister" means the Minister responsible for the environment; "nature reserve" are such areas as are listed in Schedule IV to these regulations; "near any tree" means five metres away from the circumference of the tree canopy; "owner" means either the direct owner or any person who holds a title of lease, emphyteusis or any other right of possession, or both owner of property and title together,jointly or separately; "person" means any person, whether natural or legal, corporate or incorporate, and includes any person acting on his own behalf or under the instructions of any employer, master or owner; "smoking requisite", "cigarette" and "tobacco" have the same definition as is given to them in section 2 of the Tobacco (Smoking Control) Act; "surgical intervention" means any treatment required to save a tree from disease or mechanical damage, weeding, as well as treatments to prevent further damage in an already damaged tree; "tree" means a tree or a shrub in all the stages of growth, and includes plants with a woody stem; "woodland area" means land bearing not less than twenty trees, whether sited naturally or planted by man, on either public or privately owned land. 5. ( 1) The Director in consultation with the director Administrative and responsible for agriculture, shall be responsible for the administration executive rights. and execution of these regulations. (2) The Director shall have such rights as are listed in section 49 of the Act. (3) The Minister, or his delegates, may at any time order the Commissioner to take such immediate action as may be required to prevent any person from acting in contravention of these regulations. 6. No person shall fell or attempt to fell, cut or attempt to cut, Damages debark or strip off or attempt to debark or strip off the bark or leaves to trees. of a tree, uproot or attempt to uproot, remove or attempt to remove timber, affix or attempt to affix something to, or in any way destroy or attempt to destroy, damage or attempt to damage, any tree or part thereof listed in Schedules I, II and III and of any tree or part thereof sited in an area listed in Schedule IV to these regulations, except by way of management or surgical intervention performed by the Department or by the Department of Agriculture or by persons authorized by these departments: Provided that the cutting off of leaves does not apply to trees listed in Schedules II and III. 7. ( 1) No person shall in the vicinity of any tree, dump or Dumping of substances. attempt to dump, throw or attempt to throw, pour or attempt to pour, let fall or let reach or attempt to let fall or let reach any fuel, poison, acid, alkali, fertilizer, herbicide, defoliant, pesticide, chemical or any other substance near any tree listed in Schedules I, II, III or near any tree sited in an area listed in Schedule IV to these regulations, which may harm any such tree, save for uncontaminated water for irrigation purposes and substances for the treatment of trees and of arable land. Provided that the Director may authorize the use of substances or other treatments for surgical interventions which may in the opinion of the Director be required. (2) No person shall place, attempt to place, or let be placed any tyre, rubber, polystyrene, paper or any other combustible material near any tree listed in Schedules I, II, III or near any tree sited in an area listed in Schedule IV to these regulations. (3) No person shall bury in the ground or attempt to bury in the ground, deposit or attempt to deposit any soil, manure, waste, rubbish, stones, rubble, scrap metal or any other form of refuse near any tree listed in the Schedules I, II or III or near any tree sited in an area listed in Schedule IV to these regulations. (4) No person shall carry out or attempt to carry out any action, or act in any way which, in the opinion of the Director may be damaging to the biological identity or to any tree listed in Schedules I, II and III, or to any tree sited in an area listed in Schedule IV to these regulations. (5) The areas listed in Schedule IV shall remain protected notwithstanding that any tree sited in any area listed in Schedule IV is destroyed or dies. Uprooting of trees. 8. (1) Any person desiring to uproot any tree listed in the Replant of trees. Schedules I, II and III or any tree sited in an area listed in Schedule IV to these regulations shall require a licence previously to be obtained from the Department, in such manner that the required clearance would have been previously obtained from the Department of Agriculture. (2) Such licence shall be affixed on site, and not on the tree, and kept for at least three weeks before the uprooting of such tree. (3) During the tree uprooting operation, a copy of the licence shall be in the possession of any person who is in site during such uprooting. (4) The application for the uprooting of a tree which is sited in any area listed in Schedule IV hereof shall be published in the Gazette at least three weeks before the granting of the licence. 9. The Minister may, for reasons of public health or safety, or for any scientific reason, give authority for the taking of cuttings and suckers or the uprooting or destruction of any tree listed in Schedules I, II and III to these regulations, provided that as a general rule the Minister shall direct that where technically practicable and possible, the tree shall be uprooted and replanted elsewhere. In such circumstances the Minister shall require that the uprooting or destruction of any tree, as well as the transportation and transplantation of any tree, shall be carried out by persons who are, in his opinion qualified for the purpose. 10. (1) To further contribute towards the protection of trees Alie?invasive listed in Schedules I, Il and Ill, and such trees sited in such areas species. listed in Schedule IV to these regulations, the Minister may indicate a list of alien invasive species, as listed in Schedule V to these regulations, which cannot-be propagated, sown, planted, imported or sold in Malta. (2) The Director may take steps to order the uprooting of any tree listed in Schedule V to these regulations. 11. Without prejudice to the provisions of articles 46, 47 and Tree Preservation 48 of the Development Planning Act, and of policy RCO 33 of the Order. Structure Plan, the Minister may make a Tree Preservation Order to generally protect a specified individual tree or specified groups of trees of aesthetic, historical, cultural, arboricultural, or scientific interest, to protect them from uprooting, destruction, or damage, and to regulate any other activity which may cause harm or death of such trees, whether such trees are growing in the wild, or in public areas or gardens or other spaces, or on private land. 12. Any person who without authority kindles or attempts to F~ in woodland. kindle a fire in any woodland or near any tree listed in schedules I, II and III or in any of the sites listed in Schedule IV to these regulations, or causes a fire as a result of his imprudent or negligent use of smoking requisites, cigarettes and tobacco, fireworks or other combustible matter, or omits to take adequate precautions in connection therewith, shall be guilty of an offence: Provided that the above provision shall not apply to (a) any person who kindles a controlled fire with the written consent of the Director; or (b) any person who, by using a construction situated within a woodland area or within 500 metres from the perimeter thereof, kindles a controlled fire at such construction for his own domestic purposes; or (c) any person who, by using a cultivated field situated within a woodland area, kindle a fire in such field which can be controlled. 13. (1) No person shall allow or attempt to allow animals to Grazing in cause damage through grazing to any tree listed in Schedules I, Il, woodlandmeas. and Ill to these regulations. (2) No person shall allow or attempt to allow animals graze in an area listed in Schedule in Schedule IV to these regulations. Offences and penalties. (3) The owner of any such animal that causes any damage may be ordered to pay such compensation for the damage caused as the Court may direct. If an animal belongs to more than one owner, all the owners may be ordered jointly and severally to pay compensation for the damage caused by such animal. 14. The Director may stop the importation of trees which in his opinion may endanger the biological identity of Malta, or for any other reason in the national interest. 15. (1) Any person (a) who fails to comply with any provision of these regulations, or with any order lawfully given in terms of any provision of these regulations, or (b) who contravenes any restriction, prohibition or requirement imposed by or under these regulations, or (c) who acts in contravention of any provisions of these regulations, or (d) who 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 to comply with any such provision, including any order lawfully given in terms of any provision of these regulations, or to contravene any restrictions, prohibitions or requirement imposed by or under the said regulations, shall be guilty of an offence against these regulations. (2) Any person who commits, or attempts to commit an offence against these regulations shall be liable: ( a) on a first conviction relating to trees listed in Part A of Schedule I and trees sited in an area listed in Schedule IV to these regulations to a fine (multa) of not less than Lm200 but not exceeding Lml ,000 for each tree of less than ten years of age; and (b) on a first conviction relating to trees listed in Part A of Schedule I and trees sited in an area listed in Schedule IV to these regulations to a fine (multa) of not less than Lm200 but not exceeding Lm 10,000 for each tree of more than ten years of age; ( c) on a first conviction relating to trees listed in Part B of Schedule I and in Schedules II and III to these regulations to a fine (multa) of not less than Lm 100 but not exceeding Lml ,000 for each tree of less than ten years of age; (d) also on a first conviction relating to trees listed in part B of Schedule I and in Schedules II and III to these regulations, to a fine (multa) of not less than LmlSO but not exceeding Lml0,000 for each tree of more than ten years of age;and ( e) on a second or subsequent conviction, to a fine (multa) of not less than Lm200 but not exceeding Lm20 ,000 for every tree, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. (3) The provisions of sections 23 and of subsection (1) of section 30 of the Criminal, Code shall mutatis mutandis apply to eap. 9. proceedings in respect of offences against these regulations, sohowever that the disqualification from holding or obtaining a licence, permit' or authority shall in no case be for less than one year. (4) Notwithstanding the provisions of section 370 of the Criminal Code, proceedings for an offence against these 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. (5) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations. SCHEDULE I STRICTLY PROTECTED TREES PART A GYMNOSPERMS Scientific name Ephedra fragilis Tetraclinis articulata ANGIOSPERMS Scientific name Anagyris foetida Cercis siliquastrum Chamaerops humilis Crataegus azarolus Crataegus monogyna Crataegus x ruscinonensis Darniella melitensis Fraxinus angustifolia Lycium europaeum Lycium intricatum Mespilus germanica Myrtus communis Paliurus spina-christi Periploca angustifolia Phillyrea latifolia Phillyrea media Pistacia x saportae Pistacia terebinthus Populus alba Prunus spinosa Maltese name Efedra Gharghar Maltese name Fula tal-Klieb Sigra ta' Guda /Harrub ta' Guda Gummar Safrani /Gummara Ghani:alor Zaghrun Ghani:alor Selvagg Sigra tal-Innied/Xebb Fraxxnu /Sigra tal-Pacenzja Ghawseg Ghawseg 0mm ii-Epp /Fomm il-Lipp/Naspli Tedeski Enrlish name Shrubby Horsetail/Joint Pine ArarTree /Sandarac Gum Tree/Alerce. Endish name Bean Trefoil Tree Judas Tree /Mediterranean Redbud Dwarf Fan Palm Azarole/Crete Hawthorn Whithom /Common Hawthorn Hybrid Hawthorn Maltese Salt Tree Narrow-Leaved Ash Mediterranean Tea-Tree /Mediterranean Boxthom Southern Tea-Tree /Southern Boxthom Medlar Rihan Myrtle Xewk tal-Kuruna/ta' Kristu Christ's Thom Sigret il-Harir Fillirja Fillirja Deru Baghal Skomabekk Luqa Prajn tax-Xewk African W olfbane Mock Privet/Jasmine Box Mock Privet/Jasmine Box Hybrid Mastic Tree Terebinth/Turpentine Tree White Poplar Sloe/Blackthorn Scientific name Maltese name Enrlish name Pyrus cf. amygdaliformis [= Pyrus cf. spinosus] Langas Selvagg Almond-Leaved Pear Pyrus pyraster Langas Baghal /Langas Selvagg Wild Pear Quercus ilex · Balluta/Sigra tal-Gandar Holm Oak/Evergreen Oak Rhamnus alaternus Alatemu Mediterranean Buckthom Rhamnus oleoides Ziju Lesser Buckthom /Olive-Leaved Buckthom Rhus coriaria Xumakk tal-Konz Common Sumach Salix alba Zafzafa 1-Kbira White Willow Salix pedicellata Zafzafa z-Zghira Mediterranean Willow Sambucus ebulus Nittiena/Sebuqa Selvagga Dwarf Elder Sambucus nigra Sambuka/Sebuqa 1-Kbira Common Elder Spartium junceum Genista s-Safra Spanish Broom Tamarix africana Bruka African Tamarisk Tamarix spp. Bruk Tamarisks Ulmus canescens Nemmiesa Hoary Elm [ = Ulmus minor ssp. canescens] /Sigra tan-Nemus /Grey-Leaved Elm Ulmus minor Ulmu Common Elm [= Ulmus minor ssp. minor] Ulmus procera Ulmu English Elm Vitex agnus-castus Virga/Sigra tal-Virgi Chaste Tree /Ghadiba/Bzar tal-Patrijiet /Virgin Bush. PartB GYMNOSPERMS Scientific name Maltese name Enrlish name Cupressus semprevirens Cipress Italian Cypress /Mediterranean Cypress Juniperus phoenicea Gniepru/Gnibru Phoenicean Juniper Pinus brutia Znuber ii-Hamra Brutia Pine /Znuber tal-Lvant /Calabrian Pine Pinus halepensis Znuber/Sigra tal-Prinjol Aleppo Pine /Sigra ta' 1-Arznu /Jerusalem Pine Pinus pinea Znuber ta' 1-Ikel Stone Pine /Znuber ta' I-Umbrella /Umbrella Pine GIMNOSPERMI Scientific name Maltese name Enrlish name Celtis australis Bagular Nettle Tree Pistacia lentiscus Deru/Deluwa Lentisk/Mastic Tree Quercus robur Balluta Ingliza English Oak /Sigra tar-Ruvlu /Pedunculate Oak Viburnum tinus Viburnum Laurustinus ANGJOSPERMI Scientific name Ceratonia siliqua Laurus nobilis Morus alba Morus nigra Olea europaea sensu lato Phoenix dactylifera Punica granatum Ziziphus zizyphus [ = Ziziphus jujuba] SCHEDULE II PROTECTED TREES Maltese name Harruba Randa Cawsli Tuta Zebbuga Palma tat-Tamar Rummiena /Sigra tal-Bullar Zini.el SCHEDULE III PROTECTED TREES Enclish name Carob Tree Bay Laurel/Sweet Bay White Mulberry Black Mulberry Olive Date Palm Pomegranate Jujube. All such trees of more than 50 years of age, which: * are not listed in Schedule V; * are not causing any damage to the biological identity of trees listed in Schedules I and II. SCHEDULE IV PROTECTED AREAS (a) Protected Areas in Malta * Wied il-Mizieb and Il-Wied tax-Xaqrani (limits of Mellieha) * II-Wied ta' 1-Imgiebah (limits of Mellieha) * Il-Ballut (at Wardija, limiti of St Paul's Bay) * Part of Wied ir-Rum (fil-limiti ta' Had-Dingli) * Wied Hazrun (limits of Had-Dingli) * Ta' Baldu (fil-limiti ta' Had-Dingli) * Gnien il-Kbir (limits of Rabat and Siggiewi) * 11-Buskett (limits of Rabat, Siggiewi and Had-Dingli) * Wied il-Girgenti (limits of Siggiewi) * II-Wied ta' 1-Imtahleb and Wied Markozz (at Mtahleb, limits of Rabat) * Wied ii-Hut (at Mtahleb, limits of Rabat) * Wied Gerzuma and Wied il-Bahrija (limits of Bahrija) * 11-Maqluba (limits of Qrendi) * Wied il-Baruni (limits of Marsaskala) * Wied Zembaq (limits of Birzebbuga) * Wied Moqbol (fil-limiti taz-Zurrieq) * The area between Wied ta' 1-Arkata and Ta' Sparati (at Bidnija, limits of Mosta/St. Paul's Bay) * Part of Wied il-Ghasel (limits of Mesta) * Wied Ghollieqa (limits of San Gwann) * Wied Qirda (limits of Haz-Zebbug) * Wied Blog (limits of Haz-Zebbug/Hal-Qormi) * Wied Anglu (limits of Hal-Gharghur/Naxxar) * The area of San Pawl tat-Targa (limits of Naxxar/Hal-Gharghur) (b) Protected Areas in Gozo * Ta' Lambert (limits of Xewkija) * The area between Ghajn Damma and Pergla (limits of Xaghra) * Wied San Blas and Wied Bingemma (limits of Nadur) * 11-Qawra (part of Dwejra, limits of San Lawrenz) (c) Protected Areas in Comino * The area of 11-Hazina * 11-Qala ta' Santa Marija SCHEDULEV INVASIVE OR DAMAGING SPECIES FOR THE ENVIRONMENT Scientific name Maltese name En~lish name Acacia saligna Akacja Blue-Leaved Wattle /Blue-Leaved Acacia Acacia karroo Akacja tax-Xewk Kangaroo Thorn Ailanthus altissima Xumakk Tree-of-Heaven [ = Ailanthus glandulosa] /Xumakk Falz Albizzia lebbek Albizzja Siris Tree Ricinus communis Rignu Castor Oil Tree Schinus terebinthifolius Sigra tal-Bzar Brazilian Pepper