S.L. 549.64 Art. 29Penalties. Remediation and mitigation expenses. Causes of damage. Cap. 9. Cap. 9. Cap. 9. of Trees of through the Tree Joint Ash Tea-Tree; Boxthorn Jasmine Jasmine Tree Pear Olive- Willow Ash Gum Ulmus [= Ulmus canescens] Ulmus minor [= Ulmus Ulmus procera Vitex The conditions: (a) to (b) Scientific

(1) Any person who -

(a) fails to comply with any provision of these regulations, or with any order lawfully given in terms of any provision of these regulations, or

(b) contravenes any restriction, prohibition or requirement imposed by or under these regulations, or

(c) acts in contravention of any provisions of these regulations, or

(d) conspires or attempts to conspire, aids or attempts to aid, abets or attempts to abet, counsels or attempts to counsel, procures or attempts to procure any other person to contravene the provisions of these regulations, or to fail to comply with any such provision, including any order lawfully given in terms of any provision of these regulations, or to contravene any restrictions, prohibitions or requirement imposed by or under the said regulations, shall be guilty of an offence against these regulations.

(2) Any person who commits, or attempts to commit an offence against these regulations shall be liable:

(a) on a first conviction relating to trees listed in Schedule I or trees sited in a tree protection area or other protected areas except for those of species listed in Schedule III, to a fine (multa) of not less than five hundred euro (€500) but not exceeding two thousand and five hundred euro (€2,500) for each tree of less than ten years of age, with the exception of a first conviction in connection with regulation 18, and to compensatory planting measures by way of civil liability;

(b) on a first conviction relating to trees listed in Schedule I or trees sited in a tree protection area or other protected areas except for those of species listed in Schedule III, to a fine (multa) of not less than one thousand, two hundred and fifty euro (€1,250) but not exceeding twenty-five thousand euro (€25,000) for each tree of more than ten years of age, with the exception of a first conviction in connection with regulation 18, and to compensatory planting measures by way of civil liability;

(c) on a first conviction relating to trees listed in Schedule II to a fine (multa) of not less than two hundred and fifty euro (€250) but not exceeding two thousand and five hundred euro (€2,500) for each tree of less than ten years of age, with the exception of a first conviction in connection with regulation 18, and compensatory planting measures by way of civil liability;

(d) on a first conviction relating to trees listed in Schedule II to a fine (multa) of not less than three hundred and fifty euro (€350) but not exceeding twenty-five thousand euro (€25,000) for each tree of more than ten years of age, with the exception of a first conviction in connection with regulation 18, and compensatory planting measures by way of civil liability;

(e) on a first conviction relating to regulation 8 or regulation 10, to a fine (multa) of not less than one hundred euro (€100) but not exceeding five hundred euro (€500) for each tree;

(f) on a first conviction relating to regulation 18, to a fine (multa) of not less than fifty euro (€50) but not exceeding five hundred euro (€500) for each tree;

(g) on a second or subsequent conviction, to a fine (multa) of not less than one thousand, two hundred and fifty euro (€1,250) but not exceeding fifty thousand euro (€50,000) for every tree, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

(3) Any person found guilty of committing an offence against these regulations shall be liable to all applicable penalties and compensatory planting measures by way of civil liability, and be required to pay for:

(a) the full expenses incurred for remedying to the competent authority’s satisfaction the damage caused by the said infringement to the site, or to the conservation status of the tree species, or to both, as relevant;

(b) any other expense incurred or mitigation measures required to remedy such doings, damage and infringement, or to contain or prevent more widespread impact; and

(c) the liquidated value of any irreparable loss or damage to the environment, biological diversity, landscape, natural heritage or cultural heritage, as may be relevant to these regulations.

(4) The Court shall order the offender to remove the causes of the offence and to undo anything which was done without a permit within a time sufficient for the purpose, but in any case not exceeding three months from the date of judgement, to be fixed by the Court; and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (multa) of not less than fifty euro (€50) and not more than one hundred and fifty euro (€150), as the Court may fix, for every day that the default continues after the expiration of the said time.

(5) The provisions of articles 23 and 30(1) of the Criminal Code shall, apply to proceedings in respect of mutatis mutandis, offences against these regulations, so however that the disqualification from holding or obtaining a licence, permit, clearance or authority shall in no case be for less than one year.

(6) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.

(7) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), in respect of proceedings for any offence against these regulations. SCHEDULE I

STRICTLY PROTECTED TREE SPECIES The following trees are hereby protected in all locations in Malta:

(a) Trees of antiquarian importance as listed in the List Antiquarian Importance Order;

(b) Trees protected by tree protection orders issued Development Planning Act and the Act; and

(c) Trees belonging to the species listed in the following table: Scientific name Maltese name English name Anagyris foetida Fula tal-Klieb Bean Trefoil Bagular Nettle Tree Celtis australis Efedra Shrubby Horsetail; Ephedra fragilis Pine Fraxxnu; Si[ra tal-Pa`enzja Narrow-Leaved Fraxinus angustifolia G]awse[ Mediterranean Lycium europaeum Mediterranean G]awse[ Southern Tea-Tree; Lycium intricatum Southern Boxthorn Mespilus germanica Omm il-Epp; Fomm il- Medlar Lipp; Naspli Tedeski Xewk tal-Kuruna ta’ Kristu Christ’s Thorn Paliurus spina-christi Phillyrea latifolia Olivastru Mock Privet; Box Olivastru Mock Privet; Phillyrea media Box Deru Bag]al Hybrid Mastic Pistacia x saportae Skornabekk; Terebintu; Terebinth; Turpentine Pistacia terebinthus Si[ar tat-Trementina Tree Prajn tax-Xewk Sloe; Blackthorn Prunus spinosa Lan[as Selva[[ Almond-Leaved Pyrus amygdaliformis Pyrus pyraster Lan[as Bag]al; Lan[as Wild Pear Selva[[ Lan[as Selva[[ Syrian Pear Pyrus syriaca Rhamnus oleoides |iju Lesser Buckthorn; Leaved Buckthorn Xumakk tal-Konz Common Sumach Rhus coriaria Salix alba Safsaf Kbir; |af\af Kbir White Willow Safsaf |g]ir; |af\af |g]ir Mediterranean Salix pedicellata |orba Selva[[a Rowan; Mountain Sorbus aucuparia Sorbus domestica |orba Service Tree G]arg]ar Arar Tree; Sandarac Tetraclinis articulata Tree; Mediterranean Alerce. Nemmies; Si[ra tan-Nemus Hoary Elm; Grey-Leaved canescens minor ssp. Elm

Ulmu Common Elm minor ssp. minor] Ulmu English Elm

Virga; Si[ar tal-Virgi; Chaste Tree; Virgin Bush. agnus-castus G]adib; B\ar tal-Patrijiet

SCHEDULE II

TREES PROTECTED IN SELECTED AREAS following trees are hereby protected, in line with the following terms and

All trees of more than 50 years of age are protected within protected areas, in ODZ and UCA. This protection shall not apply to trees listed in Schedule III and to those trees which, in the competent authority’s opinion, are causing any damage or adverse effect to the environment or structures or features of natural or cultural heritage value; Trees belonging to the species listed in the following table are protected within protected areas and in ODZ:

name Maltese name English name }arrub Carob Tree siliqua Si[ra ta’ {uda; }arrub ta’ Judas Tree; siliquastrum {uda Mediterranean Redbud {ummar Dwarf Fan Palm humilis G]an\alor Azarole; Crete Hawthorn azarolus monogyna |ag]run Whithorn; Common Hawthorn G]an\alor Selva[[ Hybrid Hawthorn ruscinonensis oblonga Sfar[el Quince {niepru; {nibru Phoenicean Juniper phoenicea Rand Bay Laurel; Sweet Bay

~awsli White Mulberry Tut Black Mulberry

Ri]an Myrtle communis s.l. |ebbu[; |ejtun Olive

|ebbu[ Selva[[ Wild Olive

Palma tat-Tamar Date Palm dactylifera |nuber tal-Lvant Brutia Pine; Calabrian Pine |nuber; Si[ar tal-Prinjol; Aleppo Pine; Jerusalem halepensis Si[ar tal-Ar\nu Pine |nuber tal-Ikel Stone Pine; Pinus pinea Pine Deru; Delu Lentisk; Mastic Pistacia lentiscus Luq White Poplar Populus alba Quercus ilex Ballut; /Si[ar tal-{andar Holm Oak; Oak Alatermu Mediterranean Rhamnus alatemus Sambucus nigra Sambuka; Sebuq Kbir Common Elder {enista Safra Spanish Broom Spartium junceum spp. Bruk Tamarisks Tamarix Viburnum tinus Meruna; Viburnum Laurustinus |in\el Jujube Ziziphus zizyphus [= Ziziphus jujuba]

SCHEDULE III INVASIVE , ALIEN OR ENVIRONMENTALLY-INCOMPATIBLE Species marked with an asterix can be used in urban landscaping, but

Scientific name Maltese name English name Acacia cyclops Aka`ja tal-G]ajn Coastal Wattle Aka`ja Blue-Leaved Acacia saligna [= Blue-Leaved Acacia cyanophylla] Weeping Wattle Ga\\ija tax-Xewk; Xewk Kangaroo Acacia karroo [= auct. fl. ta’ Kristu; Aka`ja tax-Acacia horrida Melit.] Xewk Xumakk; Xumakk Falz Tree-of-Heaven; Ailanthus altissima [= False Sumach; Ailanthus glandulosa] Japanese Varnish * Ewkaliptus; Si[ra tal- Red Gum; Eucalyptus camaldulensis [= Gamiem Gum Eucalyptus rostrata] Eucalyptus gomphocephala * Ewkaliptus; Si[ra tal- Tuart Gamiem Albizzja; Ga\\ija Bajda Lead Tree; Leucaena leucocephala Popinac; Cow [= Acacia leucocephala; auct. fl. Albizzia lebbek Melit.] * Pittosporum Shrubby Putterlick; Pittosporum tobira Japanese Mock Ri[nu Castor Oil Ricinus communis Si[ra tal-B\ar Brazilian Schinus terebinthifolius