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S.L. 549.40 · Abandonment, Dumping And Disposal (S.L. 549.40)

S.L. 549.40 Art. 2Interpretation.

In KraftAmtlicher Text

In these regulations, unless the context otherwise requires:

"the Act" means the Environment Protection Act;

"advertising material" means any means of printed, electronically written advertising material intended for promotion purposes to advertise or promote an event and shall include all forms of posters or flyers;

"Advisory Committee" means the Advisory Committee for the control and monitoring of littering appointed by the Minister in accordance with the provisions of these regulations for the purpose of controlling and monitoring the disposal of waste and littering in streets and public places;

"the Authority" means the Environment and Resources Authority;

"balloon" means any type of balloon filled with gas, excluding balloons for industrial or other professional uses and applications that are not distributed to consumers; "bins" means receptacles approved by the Government for the disposal, separation and collection of waste and refuse, placed or authorised to be placed in a public place by the Government; "Commissioner" means a Commissioner for Justice in terms of the Commissioners for Justice Act;

"Court" includes a Local Tribunal established under the Commissioners for Justice Act;

"food" includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products; "Government" means both the Government of Malta and Local Councils established under the Local Government Act; "hawker", fixed or mobile, includes any person or a substitute, licensed to sell from a stall, and any licensed person or substitute operating from a public market or monti established or authorised by the Government;

"immediate vicinity" shall be that area immediately identifiable with any site referred to in regulation 12(2), and where, by way of irregular disposal, litter or waste demeans the social, historical or environmental importance of the site or area referred to in that subregulation;

"litter" includes:

(i) any solid or liquid, domestic or commercial waste, whether contained or loose, refuse, debris or rubbish and without limiting the generality of the above includes any glass, metal, plastic, paper, fabric, wood, food, chewing gum, cigarette butts, derelict vehicles, vessels, equipment, or machinery, in whole or in parts, garden remnants and clippings, soil, sand, concrete rocks or any other building material;

(ii) any object, material or other substance deposited in a public place causing or adding a disorderly appearance of such place or detrimentally causing an effect on the proper use of the place, or which may, in general, increase the risk of health or environmental hazard to the public or the surrounding environment, or which may be a nuisance to the public; and

(iii) domestic or commercial waste, whether contained or loose, which contravenes the waste collection schedule in Schedule 3; "Local Council" has the same meaning given in the Local

Government Act; "locality" has the same meaning given in the Local Government

Act, and includes, for the purpose of these regulations, arterial and distributor roads and all other areas excluded from the competence of local councils under the same Act;

"the Minister" means the Minister responsible for the environment;

"nuisance" means any act, omission or thing which is visually offensive or causes smells or noise, or occasioning or likely to occasion injury, annoyance, offence, harm, danger, or damage of whatever nature, or which is or is likely to be injurious or dangerous to health or property;

"officer" means any person authorized by the Minister to issue charges or fines related to these regulations and shall include:

(i) a Police officer, a Community Officer or any other authority authorised to issue charges in accordance with the provisions of the Commissioners for Justice Act;

(ii) officers of the Authority, or any other person appointed by the Minister to carry out the duties contained in these regulations as established under the Act; "open air" includes any open space and any covered place which is exposed to the open air on at least one side; "organiser" means the person or entity responsible for the organisation of the event or promotion being advertised and shall include the promoter of such event;

"plastic confetti" means pieces or streamers made wholly or partly from plastic;

"printer" means the person or entity engaged by the organiser to undertake the printing of the advertising material;

"private property" means any private property and includes but is not limited to boundary walls, garden, yard, field, land, vehicle licensed or not, stall, or other structure, temporary or permanent; "public place" includes any place, privately owned or otherwise, to which the public has access, and including a street, sea, playing field and playing ground, field, valley, beach, fountain, watercourse, reservoir, well and swimming pool;

"public property" includes but is not limited to buildings, walls, fences, bastions, electricity or light poles, bus stops, traffic lights, directional poles, trees, dustbins, benches, monuments; "refuse" shall mean domestic or commercial waste placed for collection either by the Regional Council’s approved agent or contractor or by a registered waste carrier; " "Regional Council" means a regional council established by article 37A of the Local Government Act;

"stall" means any kiosk, table, shed, booth, marquee, show-board, vehicle, cart or receptacle or any other means used or intended to be used for the purpose of selling food or goods of any kind and includes any structure affixed thereto by way of roof, support or flooring;

"street" includes any road, alley, square, bridge, shore front, quay, or other place of public passage or access;

"street-seller" shall include any other person, not defined as hawker, who is licensed to conduct business from any street including marketing agents, buskers and peddlers; "time reasonably approximate" means a period of time between the disposal of refuse by a person for collection and the time indicated for its collection thereof as described in Schedule 3, which time period shall not exceed the lapse of four (4) hours within the same day of collection, unless otherwise established by virtue of a Government notice published in the Gazette by the Authority after being informed of such need by the Department for Local Government;

"venue" means the entity responsible for the venue wherein the event being advertised in the advertising material is being held.

Änderungsgeschichte
  • Amended by L.N. 272 of 2025