S.L. 549.44 чл. 49Offences and penalties.

(1) Any person -

(a) who 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) who infringes any restriction, prohibition or need imposed by these regulations or by virtue thereof, or

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

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

(e) who 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 Part III, Part VI and, or regulation 43, or

(f) who 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) Any person who commits, or attempts to commit an offence against regulations 24, 25, 26, 28 and 29 of these regulations shall, on conviction, be liable:

(a) in the case of a first offence, a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (€465.87) for each specimen, but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) for each specimen;

(b) in the case of a second or subsequent offence, a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) for each specimen, but not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (€4,658.75) for each specimen, or imprisonment for a period not exceeding two years, or both such fine and imprisonment: Provided that any such fines do not together exceed the limits imposed by the Act.

(3) Any person who commits, or attempts to commit an offence against regulations 17A, 18 or 26A, or fails to observe the provisions laid down in a conservation order shall, on conviction, be liable:

(a) in the case of a first offence, a fine (multa) of not less than five hundred euro (€500), but not exceeding five thousand euro (€5,000);

(b) in the case of a second or subsequent offence, a fine (multa) of not less than one thousand euro (€1,000), but not exceeding twenty thousand euro (€20,000), or imprisonment for a period not exceeding two years, or both such fine and imprisonment.

(4) Any person who commits, or attempts to commit an offence against regulation 31 shall, on conviction, be liable:

(a) in the case of a first offence, a fine (multa) of not less than five hundred euro (€500), but not exceeding five thousand euro (€2,500);

(b) in the case of a second or subsequent offence, a fine (multa) of not less than one thousand euro (€1,000), but not exceeding five thousand euro (€5,000), or imprisonment for a period not exceeding two years, or both such fine and imprisonment.

(5) Any person who commits or attempts to commit an offence against regulations 19, 36, 43 and 48(3) shall, on conviction, be liable:

(a) in the case of a first offence, a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) but not exceeding twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73);

(b) in the case of a second or subsequent offence, a fine (multa) of not less than four thousand and six hundred and fifty-eight euro and seventy-five cents (€4,658.75), but not exceeding forty-six thousand and five hundred and eighty-seven euro and forty-seven cents (€46,587.47), or imprisonment for a period not exceeding two years, or both such fine and imprisonment.

(6) Any person who commits or attempts to commit an offence against any provision in a management plan shall on conviction be liable to a fine (multa) of not less than two thousand five hundred euro (€2,500) and not exceeding sixty thousand euro (€60,000), and if the offender persists in the offence for more than three (3) months, also to imprisonment for a term of not less than three (3) months and not exceeding two (2) years.

(7) 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-eight euro and twenty-three cents (€58.23) and not more than one hundred and sixteen euro and forty-seven cents (€116.47), as the Court may fix, for every day that the default continues after the expiration of the said time.

(8) Any person who has been found guilty of committing an offence against these regulations shall also pay for the expenses incurred for the keeping and transport of specimen, for remedying the damage caused by the said infringement, and for any other expense incurred or mitigation measures required to remedy such doings, damage and infringement.

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

(10) 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.

(11) 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.