S.L. 549.40 Art. 12Aggravating circumstances.

(1) Where an offence referred to in regulations 4, 4A, 5, 6, 7,

8 and 10(3) is committed in one or more of the sites listed in the next sub-regulation, the offender shall, on conviction, or on admission, be liable to an additional fine (multa) of not less than three hundred euro

(€300) and not exceeding one thousand euro (€1,000) to the established fine (multa) due to the historical and environment importance of the site.

(2) The aggravating circumstances referred to in the preceding sub-regulation relate to the disposal, spilling or dumping of litter, refuse, waste or swill in:

(a) the immediate vicinity of a public monument, museum, place of worship or school;

(b) the immediate vicinity of, or inside a World Heritage Site declared by UNESCO or a Historic Centre declared by the Authority;

(c) the immediate vicinity of, or inside, any protected area under the Act, a Natural Reserve, Heritage Park, National Park, public garden, or playing field;

(d) the immediate vicinity of, or on a public beach;

(e) any other site, area, place or open space which the Minister may establish from time to time.

(3) Without prejudice to the preceding paragraphs of this regulation, a person found guilty under regulations 4, 4C, 4D, 5, 6, 7

and 8, shall, on conviction, be liable to a fine (multa) of five hundred euro (€500), if it is proved that such offender was found guilty of committing any offence under the regulations referred to in this same sub-regulation within twelve months prior to the issuance of the contravention and which has become res judicata.

(4) Furthermore, and without prejudice to the preceding sub-regulations, a person found guilty under regulation 10(4) shall, on conviction, be liable to an additional fine (multa) of not less than six thousand euro (€6,000), but not exceeding fifteen thousand euro (€15,000), if it is proved that such offender was found guilty of committing an offence in terms of regulation 10(4) within two (2) years prior to the contravention.

(5) Without prejudice to the Act, or to any other law, any person who by any means whatsoever, hinders or obstructs any officer from the exercise of his powers and functions under these regulations shall be liable, on conviction, to a fine (multa) of five hundred euro (€500).