PROTECTION OF PUBLIC LAND
( MARSA LOCAL COUNCIL) g S.L.363.61 1
SUBSIDIARY LEGISLATION 363.61
PROTECTION OF PUBLIC LAND
( MARSA LOCAL COUNCIL) BYE-LAWS
7th December, 2000
LOCAL COUNCIL BYE-LAW 34/19/2000.
Citation.
Land (Marsa Local Council) Bye-Laws.
Interpretation.
Cap. 363.
"authorised person" means the person who has the authority in
terms of bye-law 3.2;
"bicycle" means a bicycle of any size which is propelled by
means of pedals, irrespective of the number of wheels it has, and
includes a tricycle and a skate-board;
"Council" means the Marsa Local Council;
"fixtures" means a bench, boundary wall, pole, sign, notice
board, apparatus, barricade, chair, facilities intended for the
recreation of children, and any ornament, structure or thing fixed or
placed on public land;
"public land" means any space open to the public within the
boundaries of the locality of Marsa that falls under the authority
and administration of the Council according to the provisions of the
Act and includes a public garden, small public garden, centre-strip,
road, pavement, pathway and any other open space intended for use
or recreation by the public;
"social activity" means any activity relating to educational,
social, cultural or informational purposes, but does not include
political or religious activity.
Removal or 
placing of fixtures.
3.1 No person shall remove or place elsewhere any fixture,
unless so authorised by the Council, or make wrong use, or cause
damage to, or in any other way tamper with fixtures placed or
constructed on public land.
Authority for use 
of public land.
3.2 The Council may give authority in writing to a person to
use public land for a specified period for a social activity, in that
place and under the terms and conditions that may be stipulated in
the written authority as shown in Schedule A.
3.3 When an authority is granted in terms of this bye-law, a fee
shall be paid to the Council as shown in Schedule B.
3.4 Any person who is in breach of any provision of this bye-
law, or who fails to observe any of the conditions stipulated in the
authority, shall be guilty of a contravention.
Wrong use of 
fixtures, etc.
4. No person shall -
( a ) commit acts of vandalism or in any other way cause
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( MARSA LOCAL COUNCIL)
damage to the fixtures; or
( b ) commit acts of vandalism or in any other way cause
damage to trees, plants and flowers that are planted on
public land; or
( c ) if over the age of fourteen years, use swings and other
fixtures intended for the recreation of children; or
( d ) use a bicycle in that part of the public land which is
marked by means of signs put up by the Council
indicating that no bicycles are permitted there; or
( e ) remove or place elsewhere, without the written
authority of the Council, any fixtures or other objects
situated on public land; or
( f ) cut flowers, plants, trees and other vegetation that are
on public land; or
( g ) destroy, or in any other way commit acts of cruelty on,
animals that are on public land.
Removal of 
offender.
5. Without prejudice to any other action that may be taken by
virtue of these Bye-Laws, any person who is in breach of these
Bye-Laws may be expelled from the public land by a police officer
or a local warden.
Penalty. 6.1 Any person who contravenes or fails to comply with any of
the provisions of these Bye-Laws shall be deemed to have
committed a contravention, and shall, on conviction, be liable,
unless a higher penalty is applicable under any other law -
6.1.1 for a first contravention to a fine ( ammenda ) of
twenty liri;
6.1.2 for a second or subsequent contravention to a fine
( ammenda ) of thirty liri; and
6.1.3 in the case of a continuing contravention, to a fine
( ammenda ) of five liri for each day that the
contravention continues.
Civil damages. 7. The imposition of a penalty under bye-law 6.1 shall be
without prejudice to the right of the Council to recover any civil
damages caused by the commission of any contravention under
these Bye-Laws, including the right to carry out the repairs at the
expense of the guilty person.
Withdrawal of 
authority.
8. The Council may terminate any authority granted by virtue
of these Bye-Laws if it is satisfied that any one of the terms and
conditions of the authority had not been observed, or if there is a
substantial change in circumstances which in the opinion of the
Council renders it necessary to withdraw the authority. In such case
the Council shall not be bound to refund any fee that would have
already been paid to the Council under Schedule B.
PROTECTION OF PUBLIC LAND
( MARSA LOCAL COUNCIL) g S.L.363.61 3
SCHEDULE A
(Bye-law 3.2)
IN exercise of the powers conferred by article 3 of the Protection of Public Land
(Marsa Local Council) Bye-Laws, the Marsa Local Council is hereby giving to -
..............................................................................................................................
who resides at .......................................................................................................
bearing Identity Card No. ................................
Name of Enterprise or Company ...........................................................................
VAT No. ......................................................
AUTHORTTY to hold a social activity in the area indicated on the annexed site
plan, under the following terms and conditions:
1. Place ...........................................................................................................
2. Date ............................................................................................................
3. Time: from ..................... to ........................
4. During the time of this authority the place indicated under paragraph one
shall be under the exclusive control of the authorised person.
5. The authorised person is in duty bound to ensure that during the time of this
authority no damage is caused to the fixtures, trees, plants, benches and anything to
be found in the place mentioned in the first paragraph.
6. In the event that damage is caused during the time of this authority, the
authorised person is bound to make good for the damage caused and to refund to the
Council the relative expense for repairs.
7. The authorised person is bound to obtain an insurance policy covering third
parties by not later than four days before the day of the authority and should give a
copy of the insurance policy to the Council. Before the issue of this authority, the
authorised person must deposit with the Council the sum of Lm.................. . The
Council is authorised to retain part or all of the deposit, as the case may be, if the
event contemplated under paragraph 6 occurs. If no damage is caused the deposit
shall be refunded to the authorised person. The Council may, in its absolute
discretion, exempt the authorised person from placing the deposit and/or from
submitting an insurance policy as aforesaid.
8. When the authority expires, the authorised person is bound to leave the
place in a clean state and to collect all rubbish.
9. This authority is subject to the payment of a fee of Lm.................. .
.................................. ...............................
Mayor  Executive Secretary
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SCHEDULE B
(Bye-law 3.3)
Fees for the Use of Fixtures and Public Land
1. Fee for the use of Public Land.
Cultural Activities - no fee
Commercial Activities  - Lm30 for each day of the activity
2. Stalls and Tables placed on Public Land for Commercial purposes.
For each stall where food is prepared
and offered for sale on site  - Lm5 for each day of the activity
For any other stall  - Lm2 for each day of the activity
For each table  - Lm2 for each day of the activity
3. Activities with a Philanthropic purpose
A nominal fee of Lm1 for each activity with a philanthropic purpose.
