Code of Police Laws (Cap. 10)

Code of Police Laws (Cap. 10), article 121

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121. (1) The occupier of any hous e or, where there is no occupier, the owner, shall keep clean all the internal and exte rnal parts of the house. No person to keep accumulation of refuse. (2) (i) Subject to the provisions of this Code, no person may throw or dump in any place any refuse or rubbish or may keep or suffer to be kept in any place any accumulation of ref use, of rubbish, or of dirty, polluted or stagnant water, or of sewage, dung or other foul matter: Provided that the provisions of this paragraph shall not apply to any refuse thrown or dumped by any scavenger or collector of refuse in the employment of the Government, in the proper exercise of his duties, in any place provided for the purpose by the Superintendent of Public Health or to any refuse kept in any such place. 24 CAP. 10.] CODE OF POLICE LAWS (ii) No person may dump or keep or suffer to be dumped any other material in any open space unless such space is surrounded by a wall at least two point five metres high and is covered by a licence, issued by the Commissioner of Police, who, in granting such licence, may impose any such conditions as he may deem fit: Provided that no such licence shall be granted unless the dumping of such material forms part of or is ancillary to the b usiness of the applicant. Power of Superintendent of Public Health to order removal, destruction, etc., of accumulation of refuse. (3) It shall be lawful for the S uperintendent of Public Health t o order any such accumulation as, i n his opinion, is likely to ca use a nuisance or be injurious to health or become a breeding place o r harbourage for rats, insects or other vermin injurious to healt h, to be immediately removed or destroy ed or dealt with or treated in such a manner as to abate the nu isance or prevent injury to hea lth. Default of occupier, etc., in complying with order of Superintendent of Public Health. Where contravention is in respect of an open space. (4) If the occupier or owner, as the case may be, fails to compl y with any such order of the said Superintendent, he shall be gui lty of a contravention and the court shall make an order directing suc h accumulation to be forthwith destroyed or dealt with or treated to the satisfaction of the said Superintendent, without any right on the part of the occupier or owner to compensation, and where the contravention is in respect of an open space in an inhabited ar ea, the court may make an order requiring the offender to protect s uch space by raising and keeping aroun d it a wall or other suitable fence not less than two point five metres high. Where owner of open space is unknown, etc. (5) Where the owner of such open space is unknown or absent from Malta, the court may, on the application of the Police, ma ke an order empowering the Governme nt to raise such wall or fence notwithstanding that there has been no conviction against the owner, and the expense thereby i ncurred shall be recoverable as a civil debt. Power of Minister responsible for public health to make regulations. (6) The Minister responsible for public health may make regulations in respect of the following matters: (a) for the inspect ion of houses and other places; (b) f o r t h e r e m o v a l f r o m a n y house or other place of refuse and rubbish or of any dirty, stagnant or polluted water, or of sewage, dung or other foul matter; (c) for anything connected with the keeping, removal and disposal of any such matter or liquid; (d) for the cleansing of privies and cesspools belonging to any premises; (e) for imposing the duty of such cleansing on the occupier or owner of such premises; and (f) generally, for the proper working of any service that may be established for a ny of the above purposes. Obstruction. (7) Where any person obstructs any other person employed in carrying out any of the provisi ons of this article or of any regulation made thereunder, the competent court may, on the CODE OF POLICE LAWS [CAP. 10. 25 application of the Police, issue a warrant, authorizing the use of force for the carry ing out of any of such provisions. Material for composting into manure. Amended by: XV .1920.9; XII.1938.5.

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