S.L. 549.83 Art. 5Offences and penalties.

(1) Any person who -

(a) fails to observe the provisions of these regulations or of any other lawful order given by virtue of any provision of these regulations; or

(b) infringes any restriction, prohibition or need imposed by these regulations or by virtue thereof; or

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

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

(e) makes a statement or presents information or documentation, which such person knows to be false, for the purpose of obtaining the approval of a permit or derogation in line with these regulations; or

(f) 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 from complying with any one of these provisions, including any lawful order given by virtue of any provision of these regulations, or to infringe any restriction, prohibition or need imposed by these regulations or by virtue thereof, shall be guilty of an offence against these regulations.

(2) The provisions of the Conservation of Wild Birds Regulations shall apply mutatis mutandis to any person who commits an offence under sub-regulations (1) to (8) of regulation 3, and the punishments contemplated therein shall, on conviction, apply.

(3) Any person who commits or attempts to commit an offence against any other regulation not mentioned in last foregoing sub-regulation shall be liable:

(a) on first conviction, to a fine (multa) of not less than four hundred euro (€400) but not exceeding fifty thousand euro (€50,000);

(b) on a second or a subsequent conviction, to a fine (multa) of not less than six hundred euro (€600) but not exceeding sixty thousand euro (€60,000), or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

(4) Any person found guilty of committing an offence under these regulations shall, in addition to the penalties prescribed in the last foregoing sub-regulation, be liable to all applicable penalties and measures by way of civil liability, and the Court shall order:

(a) the payment of the full expenses incurred by the public entities and, or other persons acting on their behalf in the implementation of these regulations, for remedying, to the satisfaction of the Park Manager, the damage caused to the Park as a result of the commission of an offence under these regulations;

(b) the payment of any other expenses incurred and, or the implementation of mitigation measures, that may be reasonably required to contain or prevent the impact of an offence committed under these regulations; and

(c) the payment of the value, that shall be liquidated by the Court, of any irreparable and irrevocable loss or damage to the environment, biological diversity, landscape, natural heritage or cultural heritage, as may be relevant to these regulations: Provided that any such fines do not together exceed the limits imposed by the Act.

(5) The Court shall order any person found guilty of committing an offence under these regulations to remove the causes of the offence and to undo anything which was committed without the requisite permits within a time sufficient for the purpose, but in any case not exceeding three months from the date of judgment, to be fixed by the Court and, if the offender fails to comply with any such order within the time so fixed, such person shall be liable to a fine (multa) of not less than fifty euro (€50) but not exceeding 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.

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

(7) 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.

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