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Xatt Is-Sajjieda (San G.Iljan Local Council) Bye-Laws, 2008 (L.C.B.L. 52/2/2008)

Citation and commencement.

Interpretation.

L.N. 407 of 2004.

L.C.B.L 52 #2#2008
LOCAL COUNCILS ACT (CAP. 363)

Xatt is-Sajjieda

(San :iljan Local Council) Bye-Laws, 2008
IN exercise of the powers conferred by articles 34, 35(8) and 60 of the Local Councils Act, the San :iljan Local Council has made the following Bye-Laws>-
1.1 The title of these Bye-Laws is the Xatt is-Sajjieda (San :iljan
Local Council) Bye-Laws, 2008.
1.2 These Bye-Laws shall come into force on the date of their publication in the Gazette.
2. In these Bye-Laws unless the context otherwise requires - “the Act” means the Local Councils Act<
“the Council” means the San :iljan Local Council<
“designated areas” means those areas designated by the Council indicated in the shaded area in the site plan in Schedule A to these Bye-Laws<
“locality” means the locality of San :iljan<
“motor vehicle” means any vehicle intended for travel on land and propelled by mechanical power<
“boats” means any sea vessel not registered as a professional fishing vessel, Category A – Full time in the Fishing Vessels Register in terms of the Fishing Vessels Regulations, 2004<
“fishing vessel” means any sea vessel, registered as a professional fishing vessel, Category A- Full time in the Fishing Vessels Register in terms of the Fishing Vessels Regulations, 2004<
“Xatt is-Sajjieda” means the shaded area shown in the site plan in Schedule B to these Bye-Laws.
3.1 No person shall deposit or leave any boat or fishing vessel, including any trailer used for the carrying of such boat or vessel or any other related accessory, in any part of Xatt is-Sajjieda save as otherwise provided in this Bye-Law.
4.1 No person shall access Xatt is-Sajjieda by motor vehicles except for the sole purpose of transporting to and from the designated areas any fishing vessel permitted by the Council to be deposited at that place in terms of these Bye-laws or for the sole purpose of launching in the sea and collecting from the sea, any boat or fishing vessel whose registered berth is in Spinola Bay or for the sole purpose of transporting to and from any boathouse that is sited on Xatt is-Sajjieda any boat or fishing vessel that is kept inside such boathouse that belongs to the owner or occupant of the boathouse, in each such case in accordance with such procedure to be determined by the Council.
4.2 No person shall park or leave any motor-vehicle in any part of Xatt is-Sajjieda at any time.
5.1 The Council shall, subject to such terms and conditions as it may deem appropriate, allow the deposit of fishing vessels smaller than
12 meters with registered berths in Spinola Bay, within the designated
areas as shown in Schedule A to these Bye-Laws subject to availability of space with absolute preference being given to traditional wooden hulled fishing vessels (luzzu, firilla, kajjik) painted in traditional livery.
5.2 The owner of a fishing vessel that qualifies to have his fishing vessel placed in the designated area in terms of regulation 5.1 above shall first apply to the Council, and the Council shall in the event of approval of such application, determine the exact location within the designated area where such fishing vessel is to be placed and it shall determine the terms and conditions applicable to such permission.
5.3 In the event that there is available space within the designated area, after the allocation of space to owners of fishing vessels in terms of regulation 5.1 hereof, the Council may consider applications for depositing seacraft in the designated area submitted by owners of boats, with registered berths in Spinola Bay, being vessels registered as professional fishing vessels Category B – Part-time with the Fishing Vessel Register in terms of the Fishing Vessels Regulations, 2004 with absolute preference being given to traditional wooden hulled boats (luzzu, firilla, kajjik, frejgatina) painted in traditional livery< and in the event that after such consideration, there is further available space within the designated area, the Council may consider applications for depositing seacraft in the designated area submitted by owners of boats, with
D 15

Prohibition of pleasure boats in Xatt is-Sajjieda.

Prohibition of motor vehicles in Xatt is- Sajjieda.

Deposit of fishing boats within designated areas.

D 16

Owner’s liability.

Penalties.

L.N. 94 of 1997.

registered berths in Spinola Bay, being traditional wooden hulled boats
(luzzu, firilla, kajjik, frejgatina).
6. The owner of a boat, and, or a fishing vessel, and, or a trailer, and, or a motor vehicle, shall be responsible for ensuring compliance with these Bye-Laws.
7.1 Any person who is in breach of any one of the provisions of these Bye-Laws or of any of the terms and conditions imposed by the Council in terms of article 5 of these Bye-Laws shall, on conviction, be liable to a fine (ammenda) of sixy nine euro (€69.00) for such contravention, and to a further fine (ammenda) of eleven euro sixty five cent (€11.65) for each day during which any of these provision of these Bye-Laws is breached.
7.2 The penalties indicated in subarticle 7.1 above are without prejudice to any action by the Council, or other authority to remove, store or dispose of the encumbering boat, fishing vessel, trailer, motor vehicle or other accessory thereto, in terms of the provisions of the Clamping and Removal of Motor Vehicles and Encumbering Objects Regulations, 1997 and without prejudice to any penalties or fines applicable under any other law or regulation.
(Articles 2, 5.1)
SCHEDULE A
Site plan of Xatt is-Sajjieda, San :iljan, indicating the designated areas for the placement of fishing boats
<.. image removed ..>
(Article 2)
SCHEDULE B (Article 2)
Site plan of Xatt is-Sajjieda, San :iljan
<.. image removed ..>
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Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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