Reptiles (Protection) Regulations, 1992
In virtue of the powers vested in him by sections 32 and 33 of the Environment protection Act, 1991, the Minister for the Environment has made the following regulations:-
Title.
1. These regulations may be cited as the Reptiles (Protection) Regulations, 1992.
Definitions.
2. In these regulations, unless the context otherwise requires:--
"Act" means the Environment Protection Act, 1991.
"Director" means the Director responsible for the environment, and includes any officer in his Department who is authorised by him to act on his behalf;
"export" means the taking out of Malta of any specimen.
"import" means the bringing into Malta of any specimen.
"Minister" means the Minister responsible for the environment;
"person" includes any person or body of persons acting under the instructions of any employer, master or owner;
"specimen" means any reptile specified in the Schedule to these regulations, of whatever species, whether living or dead, whether whole or in part, whether in the original form or after having undergone any transformation, wherever found in the Maltese islands and their territorial waters;
"take" means to remove from the natural habitat.
Declaration.
3. The species of reptiles listed in the Schedule to these regulations are declared to be species of reptiles protected for the purpose of section 32 of the Act.
Administrative authority.
4. (1) The Director shall be responsible for the administration and implementation of these regulations.
(2) The Director shall have such rights as are listed in section 49 of the Act.
(3) The Minister may at any time order the Commissioner of Police to take such immediate action as may be required to prevent any person from acting in contravention of these regulations.
Protection of species.
5. (1) The species of reptiles declared to be protected under section 32 of the Act shall be those listed in the Schedule to these regulations.
(2) No person shall pursue, take or attempt to take, kill or attempt to kill, possess, sell by any method, buy, exchange, import or export any of the species, or any part or derivative of such species, listed in the Schedule to these regulations.
(3) Any person who shall possess a marine turtle prior to the coming into force of these regulations shall register such marine turtle with the Director responsible for fisheries within three months from the publication of these regulations.
(4) Any marine turtle accidentally caught by fishermen during their normal fishing activities and landed at the fish marked in Valletta, shall be surrendered immediately to the Director responsible for fisheries who shall then dispose of it for scientific purposes only, and in such cases, the fisherman shall be compensated for any loss of tackle or income as fixed from time to time by the Director responsible fisheries.
Documentary evidence.
6. Any person who has in his possession any specimen the import of which is subject to these or other regulations, shall retain in his possession and until such time as that specimen remains in his possession, all permits, certificates and licences relative to the import of that specimen.
Scientific studies.
7. (1) The Director may issue permits for the taking and keeping of any species listed in the Schedule to these regulations if such applications are intended for bona fide scientific studies or other similar purpose.
(2) All such permits shall lapse at the end of the calendar year, and have to be renewed prior to the beginning of the following year.
Biological identity.
8. The Director may prohibit the importation of any species of reptiles if, in his opinion, such trade can lead to the endangering of the biological identity of these islands or their territorial waters.
Offences and penalties.
9. (1) Any person who shall take, kill, possess, sell by any method, buy, exchange, import or export any specimen in contravention of these regulations, and any person who contravenes any restriction, prohibition or requirement imposed by or under these regulations, and any person who conspires or attempts, or aids, abets, counsels or procures any other person to commit any of the above offences, shall be guilty of an offence.
(2) Any person who commits an offence against these regulations shall, on conviction, be liable to a fine (multa) of not less than Lm25 for a fist offender, and not more than Lm100 for each subsequent offence, which fine shall in each case apply to each specimen involved.
SCHEDULE Scientific name - Common name - Maltese name
REPTILIA - REPTILES - RETTILI
Dermochelys coriacea - Leathersack turtle - Fekruna sewda
Caretta caretta - Loggerhead turtle - Fekruna
Chelonia mydas - Green turtle - Fekruna hadranija
Tarentola mauritanica - Moorish Gecko - Wizgha tal-Kampanja
Hemidactylos turcicus - Turkish Gecko - Wizgha tad-djar
Chamaeleo chamaeleo - Chamaleon - Kamaleonte
Podarcis filfolensis filfolensis - Filfla wall lizard - Gremxula ta' Filfla
Podarcis filfolensis maltensis - Maltese wall lizard - Gremxula ta' Malta
Podarcis filfolensis kielselbasachi - St. Paul's Island Wall Lizard - Gremxula ta' San Pawl tal-Gzejjer
Podarcis filfolensis generalensis - Fungus Rock Wall Lizard - Gremxula tal-blata tal-General.
Chalcides ocellatus - Ocellated skink - Xahmet l-art
Coluber algirus - Algerian whip snake - Serp Ahdar
Coluber viridiflavus - Western whip snake - Serp Iswed
Elaphe situla - Leopard Snake - Lifgha
Telescopus fallax - Cat snake - Teleskopus.