Cap. 465 Art. 40Offender to conform with laws and regulations.

(1) Where a person is found guilty of an offence against this Act, the court shall, where necessary, besides awarding punishment, order the offender to abate any nuisance arising from the offence or, if the circumstances so require, to comply with the law, in either case within such time as shall be fixed by the court for the purpose and, in the case of non-compliance with any such order, he shall be liable to a further fine (multa) not exceeding one hundred and sixteen euro and forty-seven cents (116.47) for every day of non-compliance after the expiration of the said time fixed as aforesaid.

(2) The court may upon an application to that effect by the prosecution at any time authorise the police to abate the nuisance or to enforce the law at the expense of the offender, who, in either case, shall be liable to refund such expense as a civil debt.

(3) When the offence for which a person has been found guilty relates to dumping of any waste in any manner whatsoever, the court shall, where applicable, besides awarding punishment, order the offender to remove such waste.

(4) If the offender fails to abide with an order made under subarticle (3), the provisions of subarticle (2) shall apply.

(5) If the offender is absent from Malta or has absconded or is, on account of mental disorder or other physical incapacity, unable to appear before the court or, for any reason whatsoever the summons cannot be served and the Superintendent certifies on oath that it is urgently required that the nuisance be abated or that the law be otherwise enforced, the court shall proceed to order that the summons be served on the lawful representative of the offender or on the person having the custody of the offender or on the person having the management of his property or, in default of any known representative or person as aforesaid, on the offender’s husband or wife or son or daughter. In any case, if the nuisance or non compliance with the law is proved, the court shall apply the provisions of subarticle (2) of this article or in appropriate cases, the provisions of subarticle (1).