S.L. 549.9 Art. 10Applicabilityofthe Criminal Code. Cap. 9. Cap. 9. Cap. 9. TESTING 1. Every supplied for Schedule as and thereafter changes occur 2. shall be taken 3. Each (a) (b) (c) 4. The ascertained for of that element the date of 5. The paragraph 3(c) method of detection for column (3) of 1. The assessed in 2.

(1) The provisions of articles 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 obtain a licence, permit or authority shall in no case be for less than one year.

(2) 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.

(3) 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. SCHEDULE 1

OF SLUDGE sludge producer shall ensure that sludge produced by him and the purpose of use in agriculture is tested in accordance with this soon as reasonably practicable after these regulations come into force, at intervals of not more than six months, and in any event where in the characteristics of the waste water being treated. Representative samples of sludge intended to be used on agricultural land after processing, but before delivery to the user. sample shall be analysed so as to determine -the pH value thereof; the percentage content of dry matter, organic matter, nitrogen and phosphorus; and the elements listed in column (1) of the sludge table below. average annual rate of addition referred to in regulation 3(4) shall be each of the elements in the sludge table by taking the average amount in the sludge used on that land in the period of ten years ending on such use.

SLUDGE TABLE

(1) (2) (3) Element Grams per hectare Limit of detection per year (mg/kg of dry matter) ZINC 6000 2000 COPPER 2400 800 NICKEL 600 200 CADMIUM 15 5 LEAD 1500 500 MERCURY 15 5 CHROMIUM 2400 800

analysis requisite to ascertain the concentration of metals referred to in shall be carried out following strong acid digestion; the reference analysis shall be that of atomic absorption spectrometry, and the limit of each metal shall not exceed the appropriate limit value specified in the sludge table.

SCHEDULE 2

TESTING OF AGRICULTURAL SOIL Director of Agriculture shall ensure that agricultural soil is tested or accordance with this Schedule.

Where -sludge has been used on an agricultural unit before the coming into force of these regulations; and

(b) adequate scientific evidence is available as to the characteristics soils thereof, and the sludge used thereon, before that date; an assessment shall be made as soon as possible after the coming into regulations of the pH value of the soils as at that date, and concentrations in the soil as at that date, of

(i) the elements listed in column (1) of the soil table;

(ii) the soil shall be tested not later than one year from regulations come into force.

(2) Subject to paragraph (1), the soil of agricultural land shall be

(a) where sludge is to be used on that land for the first coming into force of these regulations,

(b) as soon as may be after the twentieth anniversary of the soil was last tested in accordance with this Schedule; or

(c) where the occupier of the land is so requested in writing of Agriculture, and not less than five years have elapsed was last tested in accordance with this Schedule.