S.L. 549.120 чл. 12Offences and penalties. 

Without prejudice to any applicable regulation under the Act, any person:

(a) who fails to observe the provisions of these regulations; or

(b who infringes any restriction, prohibition or need imposed by these regulations or by virtue thereof; or

(c) who fails to observe any condition of a permit or authorisation granted under the provisions of these regulations; or

(d) who acts in contravention of any provision of these regulations, or

(e) 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 from complying with any one of these provisions, 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. Such offence shall be subject to the relevant penalties stipulated in Schedule II.

SCHEDULE I

NATIONAL SPECIES OF THE MALTESE ISLANDS

Schedule I(a): National Species (Birds)

SCIENTIFIC MALTESE ENGLISH NATIONAL NAME NAME NAME SPECIES

Il-Merill; Blue Rock National Bird Monticola solitarius Iċ-Ċikkudiddiju Thrush

Schedule I(b): National Species (excluding birds)

SCIENTIFIC MALTESE ENGLISH NATIONAL NAME NAME NAME SPECIES

Mediterranean Aphanius fasciatus Il-Bużaqq National Fish Killifish In-Naħla ta’ Maltese Malta; In-Naħla National Insect Apis mellifera ruttneri Honey Bee Maltija

Palaeocyanus Maltese crassifolius Widnet il-Baħar Rock-Centaur National Plant (=Cheirolophus y crassifolius) Il-Qabru; Maltese Potamon fluviatile National Il-Granċtal-Ilma Freshwater Crustacean lanfrancoi Ħelu Crab Arar Tree: Tetraclinis articulata L-Għargħar; Alerce; (=Callitris Is-Siġra National Tree Sandarac tal-Għargħar quadrivalvis) Gum Tree (DESIGNATION OF NATIONAL SPECIES) SCHEDULE II

Penalties for offences on species listed in Schedule I(a)

Any person who commits, or attempts to commit an offence relating to birds listed in Schedule I(a) shall, on conviction, be liable:

(a) on a first conviction to a fine (multa) of not less than seven hundred and fifty euro (€750) for each specimen but not exceeding five thousand euro (€5,000) for each specimen and the confiscation of the corpus delicti.

The Court shall also order the suspension of any general license or permit, issued under these regulations, the Conservation of Wild Birds Regulations and under Part XV of the Code of Police Laws for a period of not less than two years but not exceeding five years.

(b) on a second conviction or subsequent conviction, to a fine (multa) of not less than one thousand five hundred euro (€1,500) for each specimen but not exceeding ten thousand euro (€10,000) for each specimen or to imprisonment for a term of not less than six months but not exceeding two years, or to both such fine and imprisonment and also the confiscation of the corpus delicti.

The Court shall also order the permanent revocation of any general licence or permit, issued under these regulations, the Conservation of Wild Birds Regulations and under Part XV of the Code of Police Laws:

Provided that the Court may, in its discretion, impose a Community Service Order on the offender in terms of the Probation Act.

(c) Any person who hunts or attempts to hunt or takes or attempts to take birds listed in Schedule I(a) without a valid general licence shall be liable to the punishments contemplated under paragraph (b) and the Courts shall also order that the convicted person shall be disqualified from obtaining a general licence under the Conservation of Wild Birds Regulations and under Part XV of the Code of Police laws for life and where such general licence has been permanently revoked in terms of paragraph (b) or the Court has already ordered the disqualification from obtaining a general licence for life, such person shall, upon conviction, be liable to a fine (multa) of not less than seven thousand euro (€7,000) but not exceeding fifteen thousand euro (€15,000) and to imprisonment for a term of not less than one year but not exceeding two years.

(d) Without prejudice to the provision of this Schedule, in determining the gravity of the offence the Court may consider the factors laid down under the fourth proviso of regulation 27(2) of the Conservation of Wild Birds Regulations.

Penalties for offences on species listed in Schedule I(b)

Any person who commits, or attempts to commit an offence relating to species in Schedule I(b) shall be liable:

(a) in the case of a first offence, a fine (multa) of not less than seven hundred and fifty (€750) euro for each specimen, but not exceeding five thousand euro (€5,000) for each specimen and also the confiscation of the corpus delicti;

(b) in the case of a second or subsequent offence, a fine (multa) of not less than one thousand five hundred euro (€1,500) for each specimen, but not exceeding ten thousand euro (€10,000) for each specimen, or imprisonment for a period not exceeding two years, or both such fine and imprisonment; and also the confiscation of the corpus delicti.

(c) With respect to offences involving species in Schedule I(b) additional sanctions, as laid down under sub-regulation (5), (6) and (7) of regulation 49 of the Flora, Fauna and Natural Habitats Protection Regulations shall apply.