S.L. 549.150 Art. 9Offences and punishments. Cap. 9. Offence in 5(2)(f) and and 5(2)(g) 5(2)(c), 5(2)(h) Other except regulation 5

(1) Any person who, wilfully or through imprudence, negligence or incompetence:

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

(b) fails to comply with any provision of these regulations or, with any order lawfully given in accordance with any provision of these regulations;

(c) infringes any restriction, prohibition, order or requirement arising from these regulations;

(d) acts in contravention of any provision of these regulations;

(e) conspires with, aids, abets, counsels, instigates, procures or knowingly allows any other person to contravene or fails to comply with the provisions of these regulations or of any restriction, order, prohibition or requirement imposed by or in accordance with these regulations;

(f) attempts to do any of those actions indicated in paragraphs (a) to (e); or

(g) makes a statement or submits information or documentation, which such person knows to be false for the purpose of obtaining the approval of a permit in accordance with these regulations, shall be guilty of an offence against these regulations.

(2) Any person who commits, or attempts to commit, an offence against regulation 5(2)(a) shall be liable:

(a) in the case of a first offence, 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;

(b) in the case of a second or subsequent offence, to a fine (multa) of not less than one thousand and five hundred euro (€1,500) for each specimen, but not exceeding ten thousand euro (€10,000) for each specimen, or to imprisonment for a period not exceeding two (2) years, or to both such fine and imprisonment.

(3) Any person who commits, or attempts to commit, an offence not referred to in the provisions of sub-regulation (2) shall be liable on conviction:

(a) in the case of a first offence, to a fine (multa) as indicated in Schedule II;

(b) in the case of a second or subsequent offence, to a fine (multa) as indicated in Schedule II, or to imprisonment for a period not exceeding two (2) years, or to both such fine and imprisonment:

Provided that without prejudice to the provisions of this sub-regulation, in determining the gravity of the offence the Court may consider, amongst others, the following factors:

(i) the possible damage to any habitat or species of the Nature Reserve concerned as a consequence of the offence;

(ii) the intrinsic value or socio-economic benefits of any habitat and wildlife within the Nature Reserve;

(iii) the possible damage caused through the introduction of species not native to the Nature Reserve;

(iv) the possible damage caused through the unauthorised access with a vehicle to the Nature Reserve;

(v) the impact of the offence on the general public by nature of the place, affected species or habitat, or any other similar consideration inherent to the nature of the offence;

(vi) public interest; and

(vii) potential quantum of illegal gain.

(4) The provisions of article 30(1) of the Criminal Code shall, apply to proceedings in respect of offences mutatis mutandis, against these regulations, sohowever that the disqualification from holding or obtaining a permit or authorisation shall in no case be for less than one (1) year.

SCHEDULE I Il-Ponta tal-Qawra Nature Reserve Schedule I shall be published in the Maltese language only.

SCHEDULE II Amended by: L.N. 331 of Applicable Fines 2022. (regulation 9)

Applicable fines (multi) for offences according to regulation 9 (3):

breach of: APPLICABLE FINE (multa) (€) First Offence Second or subsequent offence Minimum Maximum Minimum Maximum Regulation 5(1), 750 15,000 1,500 30,000 5(2)(i) Regulation 5(2)(e) 1,000 20,000 2,000 40,000

Regulation 5(2)(b), 1,500 25,000 3,000 50,000 5(2)(d) and offences 750 15,000 1,500 30,000 those under