                      SAND (PRESERVATION)                             [ CAP. 127.        1
CHAPTER 127
SAND (PRESERVATION) ACT 
To make provision for the preservation of sand.
(11th July, 1949) *
Enacted by ACT XVI of 1949, as amended by Ordinance XXV of 1962;
Legal Notice 4 of 1963; Acts: XXXI of 1966, and XIII of 1983.
Short title.
Interpretation.
"shingle".
Restriction on 
removal of sand.
3. (1) No person shall remove or carry away by any means of
conveyance, from any beach or sea-shore or from any land or place,
whether publicly or privately owned, any sand without a permit in
writing by the Director of Public Works, nor except in accordance
with any conditions laid down in the permit.
(2) The Director of Public Works may, in his absolute
discretion, refuse the grant of a permit or, in granting such a permit,
impose any conditions that in his absolute discretion he deems
necessary or expedient.
(3) Such permit shall always be granted when the sand is
derived from private property, under the conditions the Director of
Public Works deems necessary or expedient.
Power of Minister 
responsible for 
public works to 
make regulations. 
Amended by: 
XXV.1962.4; 
L.N. 4 of 1963: 
XXI. 1966; 
XIII. 1983.5.
4. The Minister responsible for public works may make and,
when made, amend, repeal or repeal and re-enact regulations for all
or any of the following purposes:
( a ) for prescribing the form of applications and of permits
required under this Act;
( b ) for prescribing the price payable in respect of sand
gained from property owned or administered by the
Government of Malta or from any public place and the
fees payable in respect of the grant of permits required
under this Act;
( c ) for ensuring proper control with a view to securing
compliance with the provisions of this Act;
( d ) for making provision with regard to any other matter
connected with the carrying into effect and
enforcement of the provisions of this Act; and
( e ) for establishing the penalties to which any offender
against any of the regulations made under this section
shall be liable; provided that any such penalty shall not
in any case exceed a fine ( multa ) of one hundred liri
and, or in the alternative, imprisonment up to one
month.
* See  Government Notice No. 456 of l5th July, 1949.
  2        CAP. 127. ]                 SAND (PRESERVATION) 
Power of entry and 
search, etc., given 
to certain officers.
5. Any person duly authorized in writing in that behalf by the
Director of Public Works and any member of the Police Force shall
have power -
( a ) at all reasonable times to enter and inspect any
building or other site or premises where he has reason
to believe that sand is being stored or kept or is being
used or is about to be used;
( b ) to stop and inspect trucks or other vehicles which he
has reason to believe to be carrying sand;
( c ) to require any person in possession of or carrying sand
to give any such information as he deems necessary
regarding the acquisition and destination of the sand
and to produce for his inspection permits or any other
documents, papers or trade-books relating to the
acquisition or destination of sand;
( d ) to seize any such permits, documents, papers or trade-
books and any article connected with or which may be
used as evidence of the commission of an offence
under this Act:
  Provided that for the purposes of paragraph   ( a )   the member of
the Police Force shall not be below the rank of inspector.
Sand not covered 
by permit deemed 
to be illegally 
obtained until 
contrary is proved.
6. Where sand is found to be in the possession of, or being
carried away by, any person, in either case without being covered
by a permit or permits issued under this Act, it shall be deemed,
until the contrary is satisfactorily proved by the person concerned,
that such sand has been removed or carried away in contravention
of subsection (1) of section 3 hereof.
General penalty. 
Amended by: 
XIII. 1983.5.
7. (1) Any person who acts in contravention of the provisions
of subsection (1) of section 3 hereof or who hinders or obstructs the
persons mentioned in section 5 hereof in the performance of their
duties or who does not comply with any legitimate order or
direction given to him by any such person shall be guilty of an
offence under this Act and shall, on conviction, be liable to
punishment as follows:
( a ) on first conviction to a fine ( multa ) of not less than
twenty liri but not exceeding fifty liri;
( b ) on a second or subsequent conviction to a fine ( multa )
of not less than fifty liri but not exceeding one hundred
liri and to imprisonment for a term not exceeding one
month.
(2) Any vehicle or other conveyance, together with any horse
or other animal and thing whatsoever of which use has been made
or attempted to be made in removing sand in contravention of this
Act, shall be forfeited unless some person who has not in any way
participated in the offence has a claim to such property.
                      SAND (PRESERVATION)                             [ CAP. 127.        3
Section 37 of the 
Code of Police 
Laws not 
applicable to sand. 
Cap. 10.
8. The provisions of section 37 of the Code of Police Laws
shall not apply to sand.
