S.L. 549.44 Art. 28Control of alien species. S.L. 549.38

(1) Without prejudice to regulation 6(1) and (2) of the

Trade in Species of Fauna and Flora Regulations, the competent authority may prohibit the importation and, or keeping of any species of flora and fauna, if in its opinion, this importation and, or keeping can harm or lead to the endangering of biodiversity of Malta, or for other reasons in the national interest.

(2) Without prejudice to the Conservation of Wild Birds Regulations, the competent authority may take all necessary measures to prevent, control, and monitor the introduction of organisms belonging to alien species with the potential to establish populations into the environment and, or prejudice the local flora and fauna.

(3) Without prejudice to subregulations (1) and (2), and in order to implement further subregulations (1) and (2), the competent authority shall compile and publish a list of those species that are invasive or deemed to be invasive to Malta, known as the list of species which are detrimental to the environment.

(4) Without prejudice to the Trade in Species of Fauna and Flora

Regulations, no person shall import, transport, keep, breed, propagate, sow, plant, sell or exchange by any method, any of the species in the list mentioned in sub-regulation (3).

(5) Without prejudice to regulation 43, no person shall deliberately release or attempt to release, maintain and, or in any way intentionally assist the establishment or potential establishment, of a species included in the list referred to in sub-regulation (3), into natural habitats without prior authorisation by the competent authority, or allow the escape of such species into natural habitats as a result of negligence.

(6) The competent authority may, within such time as it determines, order any owner or occupier of a site in which invasive species are sited to remove, uproot, eradicate, kill or destroy any such specimen, where such removal would, in the authority’s opinion, constitute an environmental improvement.

(7) The competent authority may request or issue a works method statement to ensure that an order issued under sub-regulation (6) is executed with minimal damage to biodiversity or to the surrounding environment.

(8) The competent authority may implement the required intervention, in part or in full, as it deems most appropriate, at the expense of the person who fails to comply with an order issued under sub-regulation (6).

(9) If the owner or occupier of the site where invasive species are located is unknown, the competent authority may publish the order in the Gazette and may implement the required intervention at its own expense after ninety (90) days from the publication of the order, without prejudice to its right to reclaim any expenses due in terms of sub-regulation (8) once such person is identified: Provided that, in instances which require immediate action, the competent authority may implement the required intervention, in part or in full, as it deems most appropriate, without prejudice to its right to reclaim any expenses incurred once such person is identified.

(10) The competent authority may develop eradication or control plans and related programmes aimed at monitoring, preventing and controlling the introduction of established alien species, invasive species and those alien species with the potential to establish populations and become invasive into the environment.

(11) The competent authority may issue guidelines on the keeping, monitoring, prevention, control, and eradication measures of established alien species.