Government Notices published in Govt. Gazette No 20,462 of 14 August 2020

Article 69 of the Environment Protection Act

Il-Bajja tal-Mellieħa (Mellieħa Bay) Turtle Nesting Emergency Conservation Order

The Environment and Resources Authority is hereby issuing an Emergency Conservation Order in respect of the site as described below in accordance with Article 69 of the Environment Protection Act, for the purpose of conservation on:

Il-Bajja tal-Mellieħa (Mellieħa Bay)

and its surroundings as per site plan under Schedule I (see site plans on pages 6953 and 6954), hereinafter referred to as “the emergency conservation area", due to ecological and scientific importance of the sites and the need for conservation.

The following regulations shall apply:

1. For the purpose of the Emergency Conservation Order, the terms “Authority"; “conservation"; and “person" shall have the same meaning as that defined in the Act.

2. The Emergency Conservation Area may be monitored continuously inter alia by means of a temporary site post.

3. No person shall, within the emergency conservation area designated for such purposes as per site plan under Schedule I (see site plans on pages 6953 and 6954), unless authorised by the Authority strictly for the purpose of enhancing the conservation of any turtle nest, eggs, and turtles:

(a) In any way, take or attempt to take, disturb, damage or destroy any eggs, turtle hatchlings or adult marine turtle, whether alive or dead;

(b)  enter or attempt to enter, or in any way assist any other person to enter the area cordoned-off by the Authority;

(c) remove any portion of, or object making up, the cordoning-off of the area done by the Authority or any ancillary installation or any official signage installed by the Authority;

(d) introduce or attempt to introduce any object or material into the area cordoned off by the Authority;

(e) hang, affix or append or attempt to hang, affix or append any object on the cordoning installed by the Authority around the nest or in any manner compromise or attempt to compromise the integrity of the cordoning;

(f) place or attempt to place any object that, at any time between sunrise and sunset, may cast a shadow inside the area cordoned-off by the Authority;

(g) allow any animal under his ownership or responsibility to enter or attempt to enter the area cordoned-off by the Authority;

(h) remove any litter or article whatsoever from the area cordoned-off by the Authority unless by hand;

(i) deposit any litter, unless this is deposited in the litter bins or other litter collection facilities provided for such purpose;

(j) generate any excessive noise or vibrations, or play loud music;

(k) be in possession of, set up, light up or let off any sort of pyrotechnic material, fireworks or explosives;

(l) install any traps, nets or similar devices that in any way may catch or harm any turtle egg, turtle hatchling or adult turtle;

(m) deploy or be in possession of any gill net; trammel net or fishing net of any sort.

4. Without prejudice to any other requirement under any other legislation, until the 14th October, 2020, no person shall within the area subject to further restrictions under Schedule I:

(a) camp or participate in any camping activity;

(b) participate in any catering activity or any barbecues; 

(c) participate in any organised activity involving a group of more than 10 persons;

(d) drive, manoeuvre or park any vehicle over the sand;

(e) remove any Posidonia oceanica or Cymodocea nodosa wrack (alka) from the seaward side in front of the area cordoned-off by the Authority unless by hand or with the use of hand-held unmechanised tools;

(f) utilise fuel powered electricity generators or fuel powered mechanised equipment on land;

(g) make use or be in possession of any device capable of emitting electromagnetic waves or any kind of radiation which is purposely manufactured to scan below the surface of the ground or through objects.

5. From the 7th September, 2020, until the 14th October, 2020, from half past six in the evening (6.30 p.m.) of any day until half past seven in the morning (7.30 a.m.) of the following day, no person shall within the area subject to further restrictions under Schedule I:

(a) place, deposit or install any object, or attempt to place, install or deposit any object, that in any way may hinder or has the potential to hinder the safe passage of juvenile turtles from the area cordoned-off by the Authority to the sea;

(b) at sea, place or deploy any object or installation or attempt to place or deploy any object or installation, that in any way may reasonably hinder or has the potential to reasonably hinder the safe passage of juvenile turtles towards the open sea;

(c) place or deposit at immediate sea surface, ropes or other items that can effectively block passage of turtles and hatchlings at sea surface;

(d) dig any holes in the sand;

(e) utilise or be in possession of any sort of lighting device for fishing purposes or the capturing of any fauna:

Provided that the above provisions shall also apply during daytime in the event of a hatching episode occurring during daytime.

6. Notwithstanding any authorisations or permits already afforded by the Authority or any other permits or authorisations issued under any other law, no form of mechanised beach cleaning activity or mechanical interventions shall occur within the area subject to further restrictions under Schedule I (see site plans on pages 6953 and 6954), unless strictly for the purpose of conserving any turtle nest, egg, or turtle and unless duly permitted by the Authority.

7. No person shall within the Emergency Conservation Area or in the vicinity of the Emergency Conservation Area from the 7th September, 2020, until the 14th October 2020, from half past six in the evening (6.30 p.m.) of any day until half past seven in the morning (7.30 a.m.) of the following day, generate any light unless screened in such a way as not to be directly visible from the area cordoned-off by the Authority or covered with a red coloured filter:

Provided that this provision shall not apply to navigational lights of seagoing vessels.

8. This Emergency Conservation Order shall be valid from the date of issue up to the 14th October, 2020, and shall be without prejudice to the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44), and the Reptile (Protection) Regulations (S.L. 549.02).

9. (1) The protection allocated to the Emergency Conservation Area has the same effect as the inclusion of the area in the National Ecological Network and Special Areas of Conservation included under the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44).

(2) The provisions included in this Emergency Conservation Order are:

(i) considered as conservation measures addressing the overall conservation objective aimed at protecting the loggerhead turtle, Caretta caretta, in its nesting site; and

(ii) required for such protected site in line with the requirements of Regulations 14 and 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44).

10. Any person who acts in contravention of any provision of this Emergency Conservation Order shall be punishable in accordance with the Environment Protection Act (Cap. 549).

Government Notice No. 924 dated 10th August, 2020, is hereby repealed.

THE Commissioner of Police, in terms of articles 7 and 8 of the Private Guards and Community Officers Act 1996, hereby notifies that the following applications as mentioned hereunder have been received:

Application for licence of a Private Guard

Any person may, within one month from the publication of this notice, object in writing to the Commissioner about the issue of the above licences on any of the grounds listed in section 10 of the Private Guards and Local Wardens Act, which are:

(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant.

(i) has been convicted in Malta or elsewhere of any crime against the safety of the state, or of any crime of voluntary harm or injury to any person or any crime against property or public trust or any other serious crime; or

(ii) has been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; or

(iii) has been discharged from the Police or Armed Forces or the prison services because of any offence or other misbehaviour; or

(iv) is a public officer or a member of the police or armed forces or the prison services; or

(b) when information is available which is in the public interest; or

(c) where the applicant does not possess the necessary qualifications as may be prescribed by or under the Act.

THE Commissioner of Inland Revenue notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows: