S.L. 549.40 Art. 10Penalties.

(1) Any person who contravenes any of the provisions contained in regulations 4, 4C, 4D, 5 and 8 shall be liable to a fine

(ammenda) of not less than one hundred and fifty euro (€150) and not exceeding three hundred euro (€300):

Provided that if an offender dumps or disposes of any refuse, litter, waste, swill or any other object of a size or quantity or accumulation, as taken by itself, causes a nuisance, or which may lead to deterioration or defacement of a public place, he shall be liable to a fine (multa) of not less than three thousand (€3,000) but not exceeding six thousand (€6,000).

(2) Any person who contravenes any of the provisions contained in regulations 6 and 7 shall be liable to a fine (multa) of not less than one hundred and fifty euro (€150) and not exceeding five hundred euro (€500).

(3) Any person who contravenes any of the provisions contained in regulation 9, 9A, 9B, 9C shall be liable to a fine (multa) of not less than two thousand euro (€2,000) and not exceeding three thousand euro (€3,000).

(4) Any person who contravenes regulation 4A shall be liable, in case of dumping or depositing of:

(a) limestone material only, to a fine (multa) of three thousand euro (€3,000) per ten (10) cubic metres of dumped or deposited material but not exceeding thirty thousand euro (€30,000): Provided that the minimum fine of one thousand euro (€1,000) shall be applicable for dumping or depositing of less than one (1) cubic metre however for dumping or depositing of more than one (1) cubic metre but less than ten (10) cubic metres the minimum fine of three thousand euro (€3,000) shall be applicable;

(b) construction and demolition waste to a fine (multa) of not less than four thousand euro (€4,000) per (10) ten cubic metres of dumped or deposited material but not exceeding fifty thousand euro (€50,000): Provided that the minimum fine of one thousand euro (€1,000) shall be applicable for dumping or depositing of less than one (1) cubic metre however for dumping or depositing of more than one (1) cubic metre but less than ten (10) cubic metres the minimum fine of four thousand euro (€4,000) shall be applicable: Provided further that if the dumping or depositing consists of contaminated hazardous waste, including but not limited to, asbestos, paint, thinner, insulation material, gypsum or scarifying material, the minimum applicable fine shall be of six thousand euro (€6,000);

(c) white goods and electrical and electronic equipment and appliances, a minimum fine of five hundred euro (€500) but not exceeding five thousand euro (€5,000) per piece;

(d) any other waste not listed in paragraphs (a), (b) and (c) to a fine (multa) of not less than three thousand euro (€3,000) and not exceeding six thousand euro (€6,000): Provided that the minimum fine of four hundred euro (€400) shall be applicable where the amount of waste is considered minimal.

(4A) Any person who contravenes regulation 4B shall be liable on the first contravention to reprimand and admonition, on the second contravention to a fine (ammenda) of twenty-five euro (€25) and in case of subsequent contraventions to a fine (ammenda) of fifty euro (€50):

Provided that in the case of waste generated from commercial activities, the contravenor shall be liable on the first contravention to reprimand and admonition, on the second contravention to a fine (ammenda) of seventy-five euro (€75) and in case of subsequent contraventions to a fine (ammenda) of one hundred and fifty (€150):

Provided further that in the case of waste generated from commercial activities, action may be taken against any person responsible for the enterprise or engaged by it.

(5) If any vehicle, cart or other equipment has been used in the commission of an offence against the provisions of these regulations, the court, at the demand of the officer and in addition to the punishment prescribed, may order the seizure of such vehicle, cart or other equipment used for the purpose of this regulation for a term of not less than two months but not exceeding one year and the suspension for an equal term of any driving license held by the offender, during which period the vehicle shall be at the risk of the owner: Provided that where any person who has not participated in the offence, has a claim to such vehicle or equipment, the seizure shall only be ordered if the court is satisfied that no such claim is thereby prejudiced.

(6) If the offender is not the owner of the vehicle mentioned in sub-regulation (5) but has acted under the instructions of such owner or where such owner had the power to prevent the commission of the offence does not do so, the owner shall be liable, on conviction, to the punishment laid down in sub-regulations (1), (2), (3) and (4).

(7) If the circumstances, in which any unlawfully dumped material is found, indicate the owner or other person responsible for such material immediately prior to its dumping, such owner or person shall be deemed to have deposited that material and shall be liable to the punishment laid down in sub-regulations (1), (2), (3) and (4), unless he proves that he did not know of the commission of the offence, or although he knew of it did not have the power to prevent it.