S.L. 549.111 Art. 21Administrative fines. S.L. 549.97 Cap. 12.

(1) Where the competent authority has reasonable cause to believe that -

(a) an offence against these regulations has been committed by any person; and

(b) having regard to the previous conduct of the person concerned, it would be appropriate to impose a penalty under this regulation, the competent authority may serve a notice in writing, in accordance with sub-regulation (2), in the appropriate form to be served on that person.

(2) Without prejudice to the provisions of the Prevention and

Remedying of Environmental Damage Regulations, a notice under sub-regulation (1) shall specify:

(a) the date and nature of the offence;

(b) a summary of the facts upon which the allegation that an offence has been committed is based, being a sufficient summary to inform the person of the allegation against him;

(c) any other matter that the competent authority considers relevant to the imposition of a penalty;

(d) the amount of penalty due.

(3) Any person on whom a notice under sub-regulation (1) is served may, within thirty days after such service, by notice in [

writing in the appropriate form served on the competent authority, require that proceedings in respect of the alleged offence shall be dealt with by the Court, in which case the following provisions shall apply:

(a) no further proceedings shall be taken under this regulation by the competent authority; and

(b) nothing in this regulation shall be construed as preventing the institution of any proceedings in respect of the alleged offence or the conviction of the person for the offence by the Court or the imposition of any penalty or forfeiture under this regulation upon such conviction.

(4) Any person on whom a notice under sub-regulation (1) is served who does not wish that proceedings in respect of the alleged offence be dealt with by the Court may by notice in writing served on the competent authority -

(a) admit the offence; and

(b) pay the amount of the penalty to the competent authority within thirty days after the notice of the penalty is served or after such subsequent period as the Director may determine.

(5) Where under this regulation a person admits an offence, the competent authority shall impose a monetary penalty on that person in respect of the offence amounting to one-third of the maximum penalty to which the person would be liable if he were convicted of the offence by the Court under these regulations.

(6) Any person upon whom a penalty is imposed under sub-regulation (5) shall also be liable to pay for the expenses incurred for the keeping and transport of the concerned specimen, and for any other expense incurred or mitigation measures undertaken to remedy such doings, damage and infringement.

(7) The penalty imposed under sub-regulation (5) shall be due as a civil debt enforceable by the competent Court of civil jurisdiction in favour of the Government of Malta and the declaration by the person on whom the penalty is imposed that he admits the charge shall constitute an executive title for the purposes of article 253 of the Code of Organization and Civil Procedure, in the same manner as if it were a judgment of the competent Court of civil jurisdiction.

(8) Notwithstanding any other provision of these regulations or any other enactment, where an offence has been admitted under this regulation, no charge may be laid in respect of the offence against any person by whom it has been admitted.

(9) Where a person on whom a notice under sub-regulation (1) is served does not, within thirty days after the notice is served upon him, admit the offence, the Director shall institute proceedings or cause proceedings to be instituted before the Court in respect of the alleged offence.