S.L. 549.49 Art. 12Offences. Penalties. Applicabilityofthe Criminal Code. Cap. 9. Cap. 9. Cap. 9.

(1) Any person shall be guilty of an offence under these regulations if:

(a) he fails to comply with any provision of these regulations or fails to comply with permit conditions or with any order lawfully given in terms of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of these regulations; or

(d) he makes a statement or presents information or documentation, which such person knows to be false for the purpose of obtaining the approval or continuation of a permit in line with regulations 6, 8, 9 or 11(2)(b); or

(e) he conspires or attempts to conspire, aids or attempts to aid, abets or attempts to abet, counsel or attempt to counsel, procures or attempt to procure any other person to contravene the provisions of these regulations or to fail to comply with any such provisions, including any order lawfully given in terms of any of the provision of these regulations, or to contravene any restriction, prohibition or requirement imposed by or under the said regulations or by virtue thereof.

(2) Any person who commits, or attempts to commit an offence against these regulations shall, on conviction, be liable to the following range of penalties:

(a) on first conviction for an offence under Class 1 a fine (multa) of not less than five hundred euro (€500) but not exceeding one thousand euro (€1,000); on a second or subsequent convictions for an offence under Class 1, a fine (multa) of not less than one thousand euro (€1,000), but not exceeding two thousand five hundred euro (€2,500) or to imprisonment for a term not exceeding two years or to both such fine and imprisonment;

(b) on first conviction for an offence under Class 2 a fine (multa) of not less than one thousand euro (€1,000) but not exceeding two thousand euro (€2,000); on a second or subsequent convictions for an offence under Class 2, a fine (multa) of not less than two thousand euro (€2,000), but not exceeding three thousand five hundred euro (€3,500) or to imprisonment for a term not exceeding two years or to both such fine and imprisonment;

(c) on first conviction for an offence under Class 3 a fine (multa) of not less than two thousand five hundred euro (€2,500) but not exceeding six thousand euro (€6,000); on a second or subsequent convictions for an offence under Class 3, a fine (multa) of not less than four thousand five hundred euro (€4,500), but not exceeding twenty-five thousand euro (€25,000) or to imprisonment for a term not exceeding two years or to both such fine and imprisonment;

(d) on first conviction for an offence under Class 4 a fine (multa) of not less than twelve thousand euro (€12,000) but not exceeding twenty-five thousand euro (€25,000); on a second or subsequent convictions for an offence under Class 4, a fine (multa) of not less than twenty-five thousand euro (€25,000), but not exceeding thirty-five thousand euro (€35,000) or to imprisonment for a term not exceeding two years or to both such fine and imprisonment:

Provided that the Court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by the competent authority as a result of the said offence, including any remedying action for any damage caused by the said offence, the revocation of the permit issued by the competent authority and the confiscation of the corpus delicti, including any expenses incurred for the keeping and transport of the said corpus delicti.

(3) 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 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 sixty euro (€60) and not more than five hundred euro (€500), as the Court may fix, for every day that the default continues after the expiration of the said time.

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

(5) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be held 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.

(6) 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.