S.L. 623.8 Art. 9Breaches and administrative penalties.

(1) The Authority may issue and serve an enforcement notice where there is an infringement of the provisions of the First and, or the Second and, or the Third and, or the Fourth Schedules, and an administrative penalty in accordance with the Ninth Schedule without prejudice to any other administrative penalty or amount due to the Authority in accordance with the Act.

(2) The Authority shall impose a daily administrative penalty in accordance with the Ninth Schedule from the first day after the period stipulated in the enforcement notice within which the transgressor was ordered to remedy the situation until the day the situation is effectively remedied.

(3) All administrative penalties imposed in terms of this regulation shall in all cases be due to the Authority as a civil debt and that where the transgressor is a director, secretary or manager of a body corporate for the economic benefit of whom the breach was committed, such body corporate shall be liable in solidum for said civil debt.

(4) Without prejudice to the Act or to any other law, any person who by any means whatsoever, hinders or obstructs any officer of the competent authority from the exercise of his powers and functions under these regulations, or fails to comply with any order given by an officer of the competent authority, or refuses to assist him in the carrying out of his duties or furnishes such officer with false information shall be guilty of a breach of these regulations and shall on conviction be liable to an administrative penalty of not less than one hundred fifty euro (€150) and not more than three hundred euro (€300):

Provided that the administrative penalty shall not be less than five hundred euro (€500) and not more than two thousand euro (€2,000), where the breach was committed in:

(a) the immediate vicinity of a scheduled building as declared so by the competent authority, public monument, museum, place of worship, hospital or school;

(b) the immediate vicinity of a World Heritage Site declared by UNESCO or an urban conservation area declared by the competent authority;

(c) the immediate vicinity of a Natural Reserve, Heritage Park, National Park, public garden, or playing field;

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

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

(5) Any actions taken by the Authority under these regulations shall be without prejudice to any criminal or civil action or to any enforcement action that the Authority may deem fit in the circumstances.