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Maltese Laws |
A 1457
I assent.
(L.S.) GUIDO DE MARCO
President
21st October, 2003
ACT No. XIII of 2003
AN ACT to promote and protect health
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled,
and by the authority of the same, as follows:-
Part I PRELIMINARY
(2) This Act shall come into force on such date as the Minister responsible for Health may by notice in the Gazette establish and different dates may be so established for different provisions and different purposes thereof.
“abatement notice” means the official notification for the elimination or removal of a nuisance issued in virtue of article 12
of this Act;
“airport” means an airport designated by the state in whose territory it is situated as an airport of entry or departure for international
air traffic;
Short title and commencement.
Interpretation.
A 1458
Cap. 94.
“animal” means any animal whether kept as a pet or otherwise and includes birds, fish, reptiles and insects;
“authorised officer” means any duly qualified person authorised by the Superintendent to carry out any functions under this Act
and includes any nominated officer;
“bathing area” means any place where bathing water is found; “bathing water” means sea water along the coastline of the
Maltese islands which is recognised as such by the Superintendent
and wherein bathing is not prohibited;
“body of water” means an area of sea, whether enclosed or not, and whether public or private;
“chimney” includes structures and openings of any kind from or through which smoke, grit, dust or fumes may be emitted, and, in
particular, includes flues, and references to a chimney of a building include references to a chimney which serves the whole or a
part of a building but is structurally separate from the building but does not include an exhaust pipe of any vehicle;
“consent” means approval given by an individual without any force, fraud or threat ;
“contaminant” means any substance declared under article
27 to be a contaminant;
“contaminated land” means land considered as a public health risk by the Superintendent because of its being contaminated by waste
disposal, or by industrial or other waste, or other activities;
“Council of Health” means the Council constituted by article
7 of the Department of Health (Constitution) Ordinance;
“dark smoke” means smoke which is classified as such when measured in terms of any regulations prescribed by the Minister under
this Act;
“disease” includes any sickness or illness which may cause a disruption of human body functions, systems or organs; and includes
also any notifiable disease as well as any symptoms associated with a disease;
“domestic furnace” means any furnace which is to used solely or mainly for domestic purposes, and is designed for heating a boiler
with a maximum heating capacity of less than 16.12 kilowatts;
“free pratique” means permission for a ship to enter a port and disembark passengers, or for an aircraft, after landing, to disembark
passengers;
“human pathogenic organism” means an organism declared under article 27 to be a human pathogenic organism, and any toxins produced
by such an organism;
“inhabited area” means an area occupied or capable of being occupied by 100 persons at an accommodation rate of 3.5 persons per
residential unit;
“medical examination” means any physical, psychological or psychiatric examination and includes the taking of samples of any substance
or excrement from the body;
“medical practitioner” means a person legally entitled to practice as a medical practitioner under any law for the time being
in force;
“Minister” means the Minister responsible for public health; “noise” means noise emitted from all sources and includes
noise from road, air traffic, industries, construction and public work,
the surrounding neighbourhood, noise emitted from ventilation systems, office machines and home appliances;
“nominated officer” means any person authorised by the Superintendent to carry out any specified function or functions under this
Act for such period of time as the Superintendent may determine;
“notifiable disease” means a disease declared under article
27 to be a disease which is required to be reported to the
Superintendent;
“nuisance” means unlawful interference, of public health significance, with the enjoyment of property or with a person’s
A 1459
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way of life and which is prejudicial to health and has an element of repetition;
“owner” includes:
(a) the agent of the owner or a trustee;
(b) any person who receives, or is entitled to receive;
rental payments under a lease of the premises; (c) an occupier; and
(d) a person in charge of or operating any premises;
“person” means physical or legal person and includes a public authority;
“port” means a port designated by the state in whose territory it is situated as a port of entry or departure for international
travel or trade;
“practicable” means reasonably practicable having regards, amongst other things, to local conditions and circumstances, to the
financial implications and to the current state of technical knowledge;
“premises” includes: (a) land;
(b) a building or part of a building;
(c) a structure or part of a structure; and
(d) a tent, stall or other temporary structure;
“private dwelling” means any building or part of a building used or intended to be used for or by a person to reside in;
“public health” means the physical and mental well being of the community;
“public health emergency” means any situation in which a public health risk is actual or imminent;
“public health risk” includes any person and any structure, activity, animal, substance or thing that may contribute to disease
in humans or may have adverse effects on human health or prevent and, or, restrict the improvement of public health;
“recreational water” means bathing water, swimming pool water and any body of water used for recreational purposes ;
“smoke” includes soot, ash, grit and gritty particles emitted in smoke;
“Superintendent” means the Superintendent of Public Health and to the extent of any delegation or authority given includes an
authorised officer;
“swimming pool water” means water in a pool intended for recreational bathing, swimming, diving, or for therapeutic purposes whether
located indoors or outdoors other than such pool used or intended to be used as a pool at a single-family residence, but includes
a swimming pool located at a single-family residence, which is used or intended to be used for commercial or business purposes;
“vaccine” means a vaccine, derived from any source, that is used to prevent disease in humans;
“vehicle” includes any sea-going craft or aircraft;
“waste” includes refuse, rubbish, sewage, manure, liquid waste, stagnant water, rubble and debris;
“water” excludes water for human consumption.
Part II ADMINISTRATION
Provided that in matters related to radiation the Superintendent shall act through the Radiation Protection Board established by the
Occupational Health and Safety Authority Act, 2000 and that in matters related to food safety the Superintendent shall act through
the Food Safety Commission established by the Food Safety Act, 2002.
A 1461
Superintendent.
Act XXVIII of
2000.
Act XIV of 2002.
A 1462
Functions and powers of Superintendent.
Delegation.
Powers of authorised officers.
Malta and shall:
(a) ensure that the provisions of this Act and of regulations made thereunder are complied with;
(b) develop and implement strategies to promote and improve public health;
(c) issue standards for public health;
(d) advise the Minister on matters regarding public health in general and on matters relating to this Act in particular;
(e) carry out any other function assigned to him by this Act or any other law; and
(f) perform any other act which may be necessary or conducive to the better performance of the functions and responsibilities assigned
to him by this Act.
(2) Such delegation may be with respect to different parts or articles of this Act and to different persons or entities or to a combination and be subject to any direction by the Superintendent who may, at any time, revoke it.
(a) enter, and inspect any area, premises, body of water or vehicle;
(b) require any person to answer any question and, or, produce any records under that person’s control concerning any activities
carried in any area , premises, body of water or vehicle;
(c) inspect, extract or seize any record or take any copy of any record relevant to public health in whatever form held and, where
any record is kept by means of a computer -
(i) shall have access to, and inspect and check the operation of any computer, any associated apparatus or material which is or
has been or could have been used in connection with the records; and
(ii) shall require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material
to afford him such assistance as he may reasonably require;
(d) request any translation of any document into Maltese or
English;
(e) examine and, or, inspect any person or object found in or on any area, premises, body of water or vehicle;
(f) mark, fasten, seal, take and remove a sample of any object found in or on any area, premises, body of water or vehicle;
(g) open any container, receptacle or package found in or on any area, premises, body of water, or vehicle;
(h) weigh, count, measure or gauge any object found in or on any area, premises, body of water or vehicle;
(i) seize any object or record found in or on any area, premises body of water and vehicle;
(j) seal any area, premises, body of water or vehicle;
(k) take any photographs, film, tape or video image and make any sketch, plan, or drawing or otherwise make a record of any person,
premises, body of water or vehicle, or anything contained, therein or thereon;
(l) test and, or, examine any drainage system;
(m) carry out any test, examination, or measurement by instruments, monitor any situation, and make observations that may be required
under this Act;
(n) give any order under this Act that he may deem necessary;
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A 1464
Exemptions.
(o) refer any matter to any relevant board under this Act. (2) An authorised officer shall, when exercising a power
delegated to him by the Superintendent under the provisions of this Act -
(a) provide an identification document issued by the Superintendent under article 11 when requested by the owner of the area, premises,
body of water or vehicle;
(b) give reasonable notice unless such notice would defeat the objective of the intended exercise.
(3) An authorised officer, while exercising any power under this Act, may request the assistance of a police officer or of any other
person as he may require.
(4) A person who seizes any object under subarticle (1) (i), shall, by notice in writing served on the owner of the object or the
person in charge of the said object at the time, specify the details of the object seized and the date.
(a) any person;
(b) any matter or activity;
(c) any area, premises, body of water; (d) and any vehicle
from any provision of this Act.
(2) An order made in accordance with sub-article (1) of this article shall be immediately enforceable, and shall without prejudice
to its enforceability be published in the Gazette as soon as practicable after it is made. Any such order may be revoked, amended
or substituted by subsequent order of the Superintendent:
Provided that such order that is revoked, amended or substituted shall be published in the Gazette as soon as practical after it is
made.
(a) give his personal details;
(b) give details of any licence, permit or exemption under this Act;
(c) provide any information relating to public health; and
(d) give information about his or any other person’s activities in respect of any matter under this Act.
Provided that an abatement notice may be issued to different persons when the responsibility for complying falls on more than one
person.
(2) An abatement notice shall be in writing and shall contain: (a) all relevant details relating to the infringement; and
(b) the address or an indication of the place where the infringement is taking place: and
A 1465
Information request.
Hindering or obstructing authorised officer.
Conflict of interest.
Identification documents.
Abatement notices.
A 1466
Undertakings.
(c) an order stating what is required to be done to comply with the notice.
(3) An abatement notice may be given orally by the
Superintendent or an authorised officer: (a) in urgent cases; or
(b) if it proves impossible to serve it in written form. (4) An abatement notice shall be served in writing:
(a) at either the residential or commercial address of the person on whom the abatement notice is to be served;
(b) or, where the person on whom an abatement notice is to be served cannot be found, by affixing the abatement notice onto the
premises, where the infringement is taking place, and any person who removes or in any way interferes with an abatement notice so
affixed shall be guilty of an offence.
(5) Any person or persons, on whom an abatement notice is served, shall abate the nuisance without delay and in any case not later
than such time indicated in the abatement notice:
Provided that the indication of any such time in the abatement notice shall be without prejudice to any other action that may be taken
by the Superintendent or any authorised officer before the expiry thereof.
(6) Any person on whom an abatement notice has been served and who fails to comply with any of the requirements of the notice,
shall be guilty of an offence against this Act and the Court may apart from awarding punishment, order the accused to undertake such
works so as to prevent the reoccurrence of the infringement.
(2) The Superintendent shall maintain a register of undertakings made under sub-article (1), which register shall be kept at an
office specified by him, and shall be available for public inspection at such times as may be established by notice published in
the Gazette.
(3) Any person who acts in contravention of an undertaking made in accordance with sub-article (1) shall be guilty of an offence
against this Act.
(4) As long as it is reasonably possible in the circumstances, the Superintendent shall inform the person being investigated, about
the reason for his investigation.
(2) The declaration shall specify:
(a) the nature of the public health emergency; and
(b) the area to which the declaration applies.
(a) segregate or isolate any person in any area; or
(b) evacuate any persons from any area; or
(c) prevent access to any area; or
(d) control the movement of any vehicle; or
(e) order that any person undergo a medical examination; or
(f) order that any substance or object be seized, destroyed or disposed of as he may direct; or
(g) order such other action be taken as he may consider appropriate.
A 1467
Declaration of an emergency.
Directions by
Superintendent.
A 1468
Special powers.
Compensation.
Awareness of
Public Health Risk.
(2) Any person who does not comply with any direction by the Superintendent given by virtue of this article shall be guilty of an offence against this Act.
(a) enter any place if necessary by using such reasonable force to:
(i) save human life; or
(ii) prevent injury to any person; or
(iii) rescue any injured or endangered person; and
(b) close any area, premises, body of water or vehicles; and
(c) remove by reasonable force any person who fails to comply with a direction.
(2) Compensation is not payable to any person who suffers any loss or damage because:
(a) of any action or inaction by that person that is not the result of a direction under this Part; or
(b) the loss or damage caused by a public health emergency.
(2) Any person who fails to comply with the provisions of sub-article (1) shall be guilty of an offence against this Act.
(a) is not imported, manufactured, sold, used, stored or transported or handled in any manner whatsoever;
(b) is to be dealt with in accordance with any directions he may impose.
(2) Any person who, does not comply with an order of the
Superintendent under sub-article (1) shall be guilty of an offence.
(2) The Superintendent may require any person who is in possession or, at the time, is in control of any premises, area, vehicle
or object, which, in his opinion, may cause a threat to public health, to clean, disinfect or disinfest such premises, area, vehicle
or object.
(3) The requirements of sub-articles (1) and (2) shall be carried out in accordance with any directions that the Superintendent
may give and at the expense of the person required to comply with the said requirements.
A 1469
Recording of information.
Powers of Superintendent with regard to certain articles.
Removal and disposal.
Superintendent may carry out direction and the expenses recovered as civil debts.
Offences against authorised officers.
A 1470
Interference with seals and samples.
Board and
Committees.
Powers to the
Minister.
(2) Any person who fails to comply with a requirement of an authorised officer, nominated officer or a police officer under this Act shall be guilty of an offence under this article.
nominated officer; or
(b) any sample taken by an authorised officer or nominated officer; or
(c) any object or document seized by an authorised officer or nominated officer;
shall be guilty of an offence under this article.
(2) A person who contaminates any sample taken by an authorised officer or a nominated officer shall be guilty of an offence.
Part III
POWERS TO MAKE REGULATIONS
(a) (i) requiring the licensing, registration or approval of any person, premises, equipment, machinery, apparatus or service
concerning public health matters;
(ii) prescribing conditions, obligations or directions to any licence, registration or approval;
(iii) specifying the date of issue and the duration of any licence;
(iv) specifying reasons for withdrawal, cancellation or suspension of any licence, registration or approval;
(b) for the acquisition, disclosure, transmission, publication, restriction and storage of information relevant to public health;
(c) prescribing fees for any services given under this Act; (d) for the control of recreational waters and in particular:
(i) the quality standards thereof;
(ii) the method and frequency of sampling and the methods for testing and analysis thereof;
(iii) the closure of bathing areas;
(iv) the regulation, registration and licensing of swimming pools;
(v) the regulation of areas where and times when animals may be taken into the sea;
(e) for the control of smoke and in particular:
(i) the methods of measurement of dark smoke and setting the limits on the rate of emissions of smoke;
(ii) identifying specific chimney heights depending on the purpose of the chimney, on the type of fuel to be used or in use and
the location of the building;
(iii) declaring smoke controlled areas;
(iv) regulating or exempting from regulations any burning process, including furnaces and domestic furnaces;
(v) controlling and monitoring indoor air pollution;
(vi) giving effect to international agreements or standards with regard to smoke and air pollution applicable to Malta;
A 1471
Recreational waters.
A 1472
Matters relating to water.
(f) regarding the limit or elimination of any noise, which may give rise to a nuisance, inconvenience or disturbance or constitute
a danger to health and in particular:
(i) setting out objectives for reducing noise levels;
(ii) setting noise level standards for residential noise and noise that is emitted from or caused by a vehicle, machinery or equipment;
(g) regulating:
(i) dumping, keeping, transportation, storage, collection, treatment, recycling, reuse, disposal, importation and exportation of
waste; and
(ii) houses or other premises built upon or near any contaminated land;
(h) regulating:
(i) premises used for habitation or assembly, including caravans and caravan sites, day care centres and any other structures used
for habitation whether permanent or not and whether movable or fixed;
(ii) prohibiting the keeping of animals, in any premises, in any area whether within an inhabited area or not;
(i) prescribing:
(i) the standards for water quality for different uses; (ii) the sampling and monitoring requirements for
specific types of water and their uses;
(iii) water which may become prejudicial to health when used in any process or system;
(iv) the registration or licensing of activities, processes and systems where water is used;
(v) the regulation of suppliers or carriers of water;
(j) regulating:
(i) the construction, layout, siting and material to be used for any drainage system and ancillary facilities;
(ii) sanitary practices relating to disposal of waste in or from any premises;
(iii) the removal of stoppages from and the maintenance of drainage systems and other ancillary facilities of private and public
premises;
(k) prescribing:
(i) the obligations of any commander, ship master, or any other member of the crew or staff on an aircraft or sea- going craft;
(ii) the signals to be hoisted or messages to be given by sea-going craft or by aircraft having any case of disease on board;
(iii) regulations regarding the granting of free pratique; (iv) regulations relating to the issue of deratting
certificates or deratting exemption certificates;
(v) the obligations of any person engaged with any airport or port authorities or any other person at any airport or port;
(vi) regulations regarding the discharge or loading of cargo, waste, water or food supplies, fuel, equipment, as well as smoke
or gas emissions;
(l) (i) regulating the importation, exportation, licensing, keeping, sale, giving by way of compensation or otherwise of poisonous,
venomous or otherwise dangerous living organisms which are not endemic in Malta and which may pose a public health risk to any person
that may come in contact with them;
(ii) regulating the control or extermination of rats, mice or any other pest which may act as a vector or carrier of disease;
A 1473
A 1474
(iii) regulating the importation, use, storage and sale of chemicals and substances containing chemical which are or may pose a
public health risk;
(iv) regulating burning process, including furnaces and domestic furnaces; and
(m) (i) regulating any activity where there is risk of potential exposure to ionising radiation, including activities of producing,
manufacturing, importing, exporting, supplying, keeping, conveying, using or otherwise dealing with radioactive substances or radiation
apparatus as well as the exposure to radiation in the diagnosis and treatment of disease;
(ii) classifying and regulating: A. radioactive substances;
B. ionising or non-ionising radiation apparatus; C. sealed radioactive sources;
D. other radiation apparatus;
(iii) specifying standards, practices and procedures to be followed with regard thereto;
(iv) regulating any act or thing that is involved in or related to an activity referred to in (ii) and (iii) above;
(v) regulating licences, permits, registrations, authorities or approvals in connection therewith;
(vi) requiring the keeping of records, furnishing of information, and notification of accidents or other matters or events by persons
carrying on activities referred to in (ii) and (iii) above;
(vii) prescribing the monitoring of levels of exposure to radiation of persons engaged in activities referred to in (ii) and (iii)
above and the monitoring of the health of such persons as well as of the general public during and after such activities;
(viii) guarding the protection of persons and the environment against the harmful effects of radiation resulting from activities
referred to in (ii) and (iii) above.
(ii) declaring an organism to be a human pathogenic
A 1475
Powers of the
Superintendent.
Notifiable diseases and contaminants.
organism;
(iii) declaring a substance to be a contaminant;
(b) controlling advertisements that may affect public health and in particular:
(i) controlling the visual, audio and written content thereof;
(ii) controlling the layout and sequence of events of the advertisements;
(iii) regulating the persons or class of persons used in the advertisements;
(iv) requiring a written permission from the
Superintendent before the publication of an advertisement;
(c) prescribing measures to guard against or to control dangerous epidemics or infectious disease and in particular:
(i) regulating the prompt internment of the dead; (ii) regulating the power to inspect premises;
(iii) regulating the provision of medical aid, the distribution of medicine, the establishment of hospitals, the promotion of cleansing,
ventilation and disinfection and otherwise for guarding against the spread of disease and for the treatment of persons suffering
therefrom;
(iv) regulating occupancy in premises or any parts thereof to prevent them from being so overcrowded as to be dangerous to health;
Advertising.
Epidemics and infectious diseases.
A 1476
Certificates, immunisation, etc.
Radiation.
Medical examination.
(v) prescribing such other matter as the Superintendent may deem expedient for the prevention or mitigation of such disease;
(d) ensuring the protection of the public by immunisation against particular diseases and in particular may by such order:
(i) regulate and control the practice of any particular type of immunisation in humans;
(ii) prescribe forms, certificates, notices, immunisation certificates and postponement certificates;
(iii) prescribe those diseases against which immunisation of humans shall be compulsory;
(iv) regulate and control the importation, exportation, manufacture, storage and transport of any type of vaccine;
(v) publish schedules regarding compulsory or recommended immunisations;
(e) (i) specifying the qualifications or conditions necessary for a person to qualify for a registration or a licence under this
Act;
(ii) specifying the criteria and conditions for the licensing or registration of premises or persons under this Act;
(f) (i) requiring the medical examination of persons exposed or believed to have been exposed to radiation;
(ii) providing measures to be taken in case of a public health emergency caused by any type of radiation;
(g) giving any other direction that is or may be given by the Superintendent under this Act.
Part IV
PREVENTION AND CONTROL OF DISEASE
believe that such person is suffering from a notifiable disease or if he has an occupation which is considered capable of spreading
disease.
(2) The medical practitioner who conducts a medical examination under this article shall as soon as practicable provide the Superintendent
with a written report of the results thereof.
(3) Any person who fails to undergo a medical examination or any medical practitioner who fails to provide a written report shall
be guilty of an offence.
(a) be isolated in such a place as the Superintendent determines;
(b) be placed under the supervision of a specified person; (c) submits to further medical examination, medical testing,
immunisation, medical treatment or counselling;
(d) discloses to an authorised officer the name and address of any other person with whom contact by that person may result or
may have resulted in the transmission of the disease;
(e) refrains from doing anything which may cause the spread of disease.
(2) Where a child is suffering from a disease or has resided in a house where a disease exists or has existed for any period at
any time not earlier than six weeks before, the Superintendent may require the parent, guardian or any other person not to allow
the child to attend school without providing to the person in charge of such school a medical certificate that such child is free
from disease or infection and is fit to attend school.
(3) The Superintendent may apply to a magistrate for a warrant to apprehend and detain or quarantine any person who fails to comply
with a direction under sub-article (1) and for that purpose, to enter any area, premises, body of water or vehicle.
A 1477
Directions by the
Superintendent.
Warrant by magistrate.
Persons dirty or verminous.
A 1478
Notification of disease and contaminants.
Reports and information by Superintendent.
Transmitting disease.
Outbreak of disease.
to be cleansed, the Superintendent may cause such person, including his clothing to be cleansed.
(2) The person in charge of a laboratory that receives a primary specimen or sample that yields a positive result indicating that
the patient who supplied the specimen is suffering from a notifiable disease shall report such findings to the Superintendent within
such time and in such manner as the Superintendent may direct.
(3) The reports that are to be made in terms of sub-articles (1) and (2) shall not require the consent of the person being treated
or examined.
(4) The Superintendent may require any person to notify him of the presence or occurrence of any of the following:
(a) any notifiable disease or suspicion thereof;
(b) any human pathogenic organisms or suspicion thereof; (c) any contaminant or suspicion thereof.
(5) Any person who contravenes any requirement of this article shall be guilty of an offence.
(2) Any person who contravenes any requirement of this article shall be guilty of an offence.
(2) The Superintendent may give any directions he considers necessary or appropriate for the control of an outbreak and any person
who does not comply with the directions given shall be guilty of an offence under this article.
(3) The Superintendent may also give information about such outbreaks outside Malta and in particular indicate any port or airport
that may be infected.
Provided that nothing contained in this article shall prevent the removal of such body, before the lapse of 24 hours, to a mortuary
where such removal becomes necessary under any provisions of this Act or any other law.
(2) It shall not be lawful for any person to remove the body of a person who dies at home, in any hospital or in any other place
provided for the treatment of persons suffering from a disease, except for the purpose of immediate burial, where a medical officer
certifies that in his opinion it is desirable, in order to prevent the risk of communicating such disease or of spreading infection,
that such body shall not be removed from such home, hospital or place except for such burial:
Provided that nothing in this sub article shall prevent the Superintendent from authorising the removal of such dead body to a mortuary
designated by the said Superintendent.
(3) The Superintendent or an authorised officer may order the removal of a dead body to a mortuary if -
A 1479
Epidemics.
Use of certain materials.
Burial or removal of body to mortuary.
A 1480
Proceedings.
Cost of proceedings.
(a) the person died of any notifiable disease and is lying in a dwelling in which persons live or sleep; or
(b) whatever the cause of death, the body is in such a state as to pose a risk to health.
(4) A person who does not comply with the provisions of this article shall be guilty of an offence.
(5) Unless any relative of the deceased undertakes to bury the body and effect such burial within the period of time stipulated
by such order as aforesaid, it shall be the duty of the Superintendent to cause the burial of such body and any expense so incurred
may be recovered by the Superintendent as a civil debt.
Part V
LEGAL PROCEEDINGS
(2) In any criminal proceedings instituted by the police for an offence under this Act, the Superintendent or any authorised officer,
may, notwithstanding any law to the contrary, lay the charge before the court, produce evidence, plead and otherwise conduct the
prosecution instead of the police.
(3) The sworn statement of any authorised officer, to the effect that he has been deputed as provided in sub-article (2) shall
be conclusive evidence of the fact, should proof thereof be required by the court.
(a) the examination and analysis of any object to which the offence relates; and
(b) the seizure and disposal of any object to which the offence relates; and
(c) the transportation and storage of any object to which the offence relates; and
(d) any other costs incurred by the Superintendent and occasioned by the offence.
40. (1) Where a person is found guilty of an offence against this Act, the court shall, where necessary, besides awarding punishment,
order the offender to abate any nuisance arising from the offence or, if the circumstances so require, to comply with the law, in
either case within such time as shall be fixed by the court for the purpose and, in the case of non-compliance with any such order,
he shall be liable to a further fine (multa) not exceeding 50 liri for every day of non-compliance after the expiration of the said time fixed as aforesaid.
(2) The court may upon an application to that effect by the prosecution at any time authorise the police to abate the nuisance
or to enforce the law at the expense of the offender, who, in either case, shall be liable to refund such expense as a civil debt.
(3) When the offence for which a person has been found guilty relates to dumping of any waste in any manner whatsoever, the court
shall, where applicable, besides awarding punishment, order the offender to remove such waste.
(4) If the offender fails to abide with an order made under sub-article (3), the provisions of sub-article (2) shall apply.
(5) If the offender is absent from Malta or has absconded or is, on account of mental disorder or other physical incapacity, unable
to appear before the court or, for any reason whatsoever the summons cannot be served and the Superintendent certifies on oath that
it is urgently required that the nuisance be abated or that the law be otherwise enforced, the court shall proceed to order that
the summons be served on the lawful representative of the offender or on the person having the custody of the offender or on the
person having the management of his property or, in default of any known representative or person as aforesaid, on the offender’s
husband or wife or son or daughter. In any case, if the nuisance or non compliance with the law is proved, the court shall apply
the provisions of sub-article (2) of this article or in appropriate cases, the provisions of sub-article (1).
A 1481
Offender to conform with laws and regulations.
Suspension of licence.
A 1482
False or misleading information.
Officers may be called as witnesses.
Offences and penalties.
Repeal and saving.
44. A person guilty of a first offence against any of the provisions of this Act shall be liable, on conviction, to a fine (multa) of not less than one hundred liri and not exceeding two thousand liri or to imprisonment for a term of not less than six months and not exceeding two years or both such fine and such imprisonment and on a second or subsequent conviction, to a fine (multa) of not less than two hundred liri and not exceeding five thousand liri or to imprisonment for a term of not less than two years and not exceeding four years or to both such fine and such imprisonment.
(2) Clean Air Act, Cap. 200; Litter Act, Cap 206; Articles
97, 101 to 110, 117, 118, 121, 122 and articles 124 to 127 of the Code of Police Laws Cap. 10; Prevention of Disease Ordinance, Cap.
36.
(3) Any licence granted under any of the Repealed Laws shall continue in force and be subject to renewal as if its were a licence
under this Act.
(4) Any regulation made under the Repealed Laws shall continue in force as if it was made under the corresponding provision of
this Act, and may be amended, repealed or substituted accordingly.
__________
Passed by the House of Representatives at Sitting No. 39 of the 7th October,
2003.
ANTON TABONE
Speaker
RICHARD J. CAUCHI
Clerk to the House of Representatives
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