Daily Penalties (Environment) Regulations, 2018 (L.N. 45 of 2018)

VERZJONI ELETTRONIKA L.N. 45 of 2018 ENVIRONMENT PROTECTION ACT (CAP. 549) Daily Penalties (Environment) Regulations, 2018 IN EXERCISE of the powers conferred by articles 54, 55 and 78 of the Environment Protection Act, the Minister responsible for the Environment, Sustainable Development and Climate Change, after consultation with the Environment and Resources Authority and with the concurrence of the Minister responsible for finance, have made the following regulations: B 589 1. The title of these regulations 1s the Daily Penalties Citation. (Environment) Regulations, 2018. 2. In these regulations, unless the context otherwise requires:- Interpretation. "the Act" means the Environment Protection Act; "the competent authority" means the Environment and Resources Authority established under article 6 of the Act; "day" or "days" means calendar days; "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 other person; "Tribunal" means the Environment and Planning Review Tribunal referred to in article 3 of the Environment and Planning Cap. 549. Review Tribunal Act. cap. 55 1. 3. (1) Where the Authority gives notice in wntmg to a Penalties. person in accordance with article 76, 78, 80 or 86 of the Act in relation to an infringement carried out under any Schedule under this act after the date of coming into force of these regulations, it shall also notify such person that he shall be liable to: (i) an administrative fine of one hundred euro (€100); and (ii) a fine for every day after fifteen days from the date of notification of the notice as established and set out in accordance with the provisions of the relevant Schedule to these regulations. (2) This penalty shall be levied without prejudice to any other B 590 Concurrent offences. Appeal. Default of payment. Remedy. Suspension of penalties. Cessation. Management of revenue generated under these regulations. Repeal. SL. 549.72. VERZJONI ELETTRONIKA fine or amount payable to the Authority under the provisions of the Act. 4. Where a person is subject to a daily penalty for any offence which falls under any Schedule in this regulation, and concurrently has additional or separate infringements listed in any Schedule under this regulation or in any regulation under the Act, the person shall be subject to separate daily penalties that shall accrue separately until all offences are addressed to the satisfaction of the Authority. 5. Where the notice has been appealed against in accordance with the provisions of article 76(9) of the Act, and the notice has been confirmed by the Tribunal or the Court of Appeal, as the case may be, the penalty is due from such person with effect from the sixteenth ( 16th) day following the date of the notification of the notice in accordance with the provisions of the Act. 6. Where a person fails to pay the penalty within ninety (90) days from the request for payment by the Authority, the amount due shall be considered as a civil debt owed to the Authority. 7. When the person subject to daily penalty under these regulations remedies the matter subject to the daily penalty, the person should send formal written notice to the Authority without delay, accompanied by any submissions and evidence as required by the Authority. The Authority shall verify and confirm in writing that the source of infringement has been remedied. 8. Whenever the Authority requests the submission of a Method Statement or any other document or submissions from the person subject to the daily penalty to explain the remedial actions that are to be undertaken to remedy the offences subject to the daily penalty, the Authority shall temporarily stop the accruing daily penalty until the Authority processes the documentation submitted, which daily penalty shall resume accruing on the day a fonnal reply from the Authority is given or following any future date indicated in the formal reply given by the Authority unless the submissions fulfil the Authority's requirements. 9. A daily penalty shall cease, when the subject matter of the notice giving reason for the issuance of such penalty, under the Schedules to these regulations is removed or remedied to the satisfaction of the Authority according to the provisions of regulations 7 and 8, and after the Authority confinns this in writing to the person. 10. All the revenue generated under these regulations shall be payable to the Authority as stipulated in the Act. 11. The Daily Penalty Regulations are hereby repealed. VERZJONI ELETTRONIKA B 591 DAILY PENALTY SCHEDULE I Failure to report to the Authority within deadline Failure to submit data reporting to the Authority under: S.L. 549.45 - Waste Management (Activity Registration) Regulations S.L. 549.47 - Ew-opean Pollutant Release and Transfer Register Reporting Obligations Regulations S.L. 549.50 - Waste Management (Management of Waste from Extractive Industries and Backfilling) Regulations S.L. 549.52 - Control of Volatile Organic Compound-VOC Emissions (Storage and Distribution of Petrol From Terminals to Service Stations) Regulations S.L. 549.63 - Waste Regulations S.L. 549.79 - Industrial Emissions (Limitation of Emissions of Volatile Organic Compounds) Regulations Failure to submit data reporting to the Authority under: S.L. 549.77 - Industrial Emissions (Integrated Pollution Prevention and Control) Regulations Running days after date of Notification 0-15 16-50 51-180 181-365 366 days+ days days days days Nil €5 daily €1 0 daily €30 daily €50 daily Nil € 10 daily €20 daily €60 daily €100 daily VERZJONI ELETTRONIKA B 592 Failme to submit information to the Authority required under: Regulation 7(5) of S.L. 549.35 - the Marine Mammals Protection Regulations S.L. 549.43 (Packaging Regulations and Waste Management Packaging Waste) Regulation 46( 4) of S.L. 549.44 - the Flora, Fauna and Natural Habitats Protection Regulations S.L. 549.49 - Contained Use of Genetically Modified Micro-Organisms Regulations S.L. 549.54 - Waste Management (Waste Batteries and Accumulators) Regulations S.L. 549.60 on the Deliberate Release into the Environment of Genetically Modified Organisms Regulations Regulation 25(1) of S.L. 549.64 - Trees and Woodlands Protection Regulations S.L. 549.89 (Electrical and Regulations Waste Electronic Management Equipment) Nil €5 daily € 10 daily €30 daily €50 daily DAILY PENALTY SCHEDULE II Operation without authorisation and Failure to comply with conditions set out in permit Running clays after elate of Notification 0-15 16-50 51-180 181-365 366 clays+ clays days clays clays Part I - Operation without authorisation Failure to obtain an General Binding Nil €15 daily €30 daily €50 daily €70 daily authorisation issued by Rule the Authority under Article 58 and any Environmental Nil €15 daily €35 daily €75 daily €150 daily Schedule of the Act for any activity related to or Permit affecting the environment VERZJONI ELETTRONIKA Failure to obtain an authorisation issued by the Authority under S.L. 549.45 - the Waste Management (Activity Registration) Regulations: Waste carrier Waste broker Farms and rearing of livestock Registrations other than the above with confirmation Failure to obtain an authorisation issued by the Authority under: S.L. 549.50 - Waste Management (Management of Waste from Extractive Industries and Backfilling) Regulations S.L. 549.63 - the Waste Regulations. Nil Nil Failure obtain an authorisation issued by the Nil Authority under S.L. 549. 79 - Industrial Emissions (Limitation of Emissions of Volatile Organic Compounds) Regulations Failure obtain an Road tankers Nil B 593 € 15 daily €30 daily €50 daily €70 daily €15 daily €35 daily €75 daily €150 daily €10daily €20 daily €60daily € 100daily €5 daily €10 daily €30 daily €50 daily authorisation issued by the Authority under S.L. 549. 5 2 - Control o f1-S-e-rv 1 · c-e-S-ta-t-io n s ,,---N-1-· l-+-€-l O d a~il-y-+-€-2 0 d a~il y-+€-6 0 d a-il-y-+-€-l O O d-a1-· ly--i Volatile Organic Compound-VOC Emissions (Storage and Terminals Distribution of Petrol From Terminals to Service Stations) Regulations Part II - Failure to comply with conditions set out in permit Failure to comply with any conditions referred to in a registration issued by the Authority including any condition in the said authorisation related to reporting under S.L. 549.45 - the Waste Management (Activity Registration) Regulations. Nil €15 daily €35 daily €75 daily €150 daily Nil €10 daily €20 daily €30 daily €50 daily VERZJONI ELETTRONIKA B 594 Failure to comply with any conditions refened to in an authorisation issued by the Authority to operate a: packaging waste recove1y scheme under S.L. 549.43 - the Waste Management (Packaging and Packaging Waste) Regulations, other than any condition in the said authorisation related to reporting. waste batteries and accumulators collection, treatment and recycling scheme under S.L. 549.54 - the Waste Management (Waste Batteries and Accumulators) Regulations, other than any condition m the said authorisation related to reporting. waste electrical and electronic equipment compliance scheme under S.L. 549.89 - the Waste Management (Electrical and Electronic Equipment) Regulations, other than any condition in the said authorisation related to reporting. Failure to comply with any conditions referred to m a permit issued by the Authority pw-suant to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste. Failure to comply with any conditions referred to in an authorisation issued by the Authority under S.L. 549.63 - the Waste Regulations, other than any condition in the said authorisation related to reporting. Nil €10 daily €20 daily €30 daily €50 daily Nil €10 daily €20 daily €30 daily €50 daily Nil €10 daily €20 daily €30 daily €50 daily VERZJONI ELETTRONIKA Failure to comply with any conditions refened to in an authorisation issued by the Authority including any condition in the said authorisation related to repor1ing under: S.L. 549.01 - Fungus Rock (il-Gebla tal­ General) Nature Reserve Regulations; S.L. 549.02 -Reptiles (Protection) Regulations S.L. 549.03 - Selmunett Islands (St. Paul's Islands') Nature Reserve Regulations S.L. 549.35 - the Marine Mammals Protection Regulations; S.L. 549.38 - Trade in Species of Fauna and Flora Regulations S.L. 549.44 - the Flora, Fauna and Natural Habitats Protection Regulations; S.L. 549.49 - Contained Use of Genetically Modified Micro-Organisms Regulations; S.L. 549.60 on the Deliberate Release into the Environment of Genetically Modified Organisms Regulations S.L. 549.64 - Trees and Woodlands Protection Regulations. S.L. 549 .111 - Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their utilization Regulations; and Ar1icle 58 of the Act and any Schedule of the Act for any activity related to or affecting the environment General Binding Rule Environmental Permit. B 595 Nil €10 daily €20 daily €30 daily €50 daily VERZJONI ELETTRONIKA B 596 Failure to comply with the conditions of an authorisation issued by the Authority under: S.L. 549.50 - Waste Management (Management of waste from Extractive Industries and backfilling) Regulations S.L. 549.52 - Control of Volatile Organic Compound-VOC Emissions (Storage and Distribution of Petrol From Terminals to Service Stations) Regulations: Road tankers Service Stations Terminals S.L. 549.79 - Industrial Emissions (Limitation of Emissions of Volatile Organic Compounds) Regulations Nil € 10 daily €20 daily €30 daily €50 daily lppubblikat mid-Dipartiment tal-Inforniazzjoni (doi.gov.mt) - Valletta - Published by the Departme,u of Infonnation (doi.gOl'.mi) - Valletta ~tbugh fl-Istamperija tal-Gvern fuq karta FSC - PriJtted at Ote GOl'emmemPriming Press on FSC certified paper Prezz/Price €0.81