Environment Protection Act (Cap. 549), article 84

84. (1) Any person who - (a) carries out any activity without an authorisation as in force at the time of such activity, or, if the activity is carried out with an authorisation, fails to comply or to cause compliance with any condition, restriction or other limitation to which the authorisation is subject; or (b) acts in contravention of any of the provisions of article 69 in respect of any protected area, or an emergency conservation order; or (c) having been served with a stop or compliance order or other order under article 76 fails to comply with any of the requirements of such not ice within the time therein specified; or (d) attempts to hinder, obstruct, threaten, molest or interfere with, any officer of the Authority, or relatives thereof, or any police officer, or any public officer, or any officer of any department of Government or of any entity of Government or of any local council, in the execution of his duties under the law or fails to comply with any reasonable requirement demanded of him by any such person as aforesaid or otherwise to assist him in the carrying out of the said duties, or knowingly f u r n i s h e s s u c h p e r s o n w i t h f a l s e i n f o r m a t i o n o r neglects or refuses to give any information required for the purpose aforesaid; or (e) makes a declaration for any of the purposes of this Act which is false, misleading or incorrect in any material respect, shall be guilty of an offence against this Act and shall be lia ble, on conviction, to a fine ( multa ) of not less than one thousand five hundred euro (€1,500) and not exceeding two million five hundre d thousand euro (€2,500,000), and in respect of an offence under paragraph (d) or, in the case of an offence under paragraph (c) if the offender persists in the offence for more than three months, al so to imprisonment for a term of not less than three months and not exceeding three years: Provided that, and without prejudice to the provisions of article 69(6) and article 78 and without prejudice to the maxim um fine above established, the minimum fine ( multa ) to which an offender is liable under this ar ticle shall not be less than th e value of any work carried out without an authorisation or in violatio n of any conditions to which such authorisation was subject. (2) The Court, besides awarding the punishment referred to in sub-article (1), may confiscate the corpus delicti where applicable 62 [CAP. 549. ENVIRONMENT PROTECTION and shall order the offender to remove the causes of the offenc e and to undo anything which was done without an authorisation or to comply with the conditions imposed in the authorisation, as the case may be, within a time sufficient for the purpose, but in any case not exceeding three months from the date of the judgment, to be fixed by the court; and, if the offender fails to comply wit h any such order within the time so fixed, he shall be liable to a fi ne (multa ) of not less than fifty euro (€50) and not more than one hundred and thirty euro (€130), as the court may fix, for every day the default continues after the expiration of the said time and the Court may also order the modification, suspension or revocation of any authorisation. Cap. 9. (3) Proceedings against any person for any offence as is mentioned in sub-article (1) shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, as courts of criminal judicature in accordance with the provisions of the Criminal Code : Cap. 9. Provided that, notwithstanding the provisions of article 376(1)( b) of the Criminal Code , the Court shall, at the request of the prosecution or of the accuse d, take down evidence given by the witnesses in the manner provided for either in article 390(6) o f the said Code or in any law fo r the time being in force. Cap. 9. Cap. 446. (4) Article 21 of the Criminal Code and the provisions of the Probation Act shall not apply to any offences referred to in this article. (5) Neither the filing of an app lication intended to regularise any activity to which a prosecution refers, nor the filing of a n appeal against a refusal or partial approval of such an applica tion shall be a bar to the continuation of such a prosecution and th e court shall continue to hear suc h a case and shall give judgmen t and shall issue an order in terms of sub-article (2) as if such an application or such an appeal had never been filed: Provided that where such an activity has been regularised no fine under sub-article (2) shall be due in respect of the ti me after the activity has been regularised and all fines paid to the Aut hority. Cap. 9. (6) Notwithstanding the provisions of the Criminal Code , the Attorney General shall always ha ve a right of appeal to the Cou rt of Criminal Appeal from any judgment given in proceedings arising out of this Act or of any regulations, rules or orders made thereunder. (7) Any action taken under the provisions of this article shall be without prejudice to any action that may be taken against an y person under regulations made in accordance with the provisions of article 69(6). Certified copies of documents.