- The Preservation of the Fertile Soil Regulation Act states that no person may:transport fertile soil to any site for any purpose whatsoever in quantities larger than one half cubic metre on every single occasion, without having previously obtained the written permission of the Director;
- render unsuitable for agriculture any fertile soil by mixing it with stones or by any other means;
- cover fertile soil with any layer of concrete, stones, stone slabs, or any other similar material, unless it is considered as necessary for or in connection with agriculture by the Director or by the inspector;
- deposit on fertile soil, or leave on fertile soil after a written notice for its removal has been given by the Director, any object or objects having an area larger than two square metres for a period longer than thirty days; or
- deposit, or leave deposited, any fertile soil in such manner as the Director will have notified in writing to such person as being unsuitable to be used for agriculture.
Concerning the erection of buildings
No person may erect, or cause or permit or allow to be erected, any building, or any part of a foundation for any building, before having given a forty-eight hours notice in writing on the prescribed form by registered post to the Director, and before he has removed at his own expense all the fertile soil existing on the site over which the building is going to extend, to any land belonging to him or to any other site indicated by the Director, and, in either case, the soil is deposited in such manner as approved by the said Director, which approval has to be given within ten working days.
Legal Basis
Directorates Role
The Director or any inspector authorised by the Director shall have the power to enter upon any land on which any building is in the course of construction, or on which any building is going to be constructed, in order to ascertain that the provisions of this Act are being or have been complied with.
An application shall be submitted to the Director when any person intends to:
(a) transport fertile soil to any site in quantities larger than one half (½) cubic meter on every single occasion;
(b) temporarily cover any fertile soil with any layer of concrete, stones, stone slabs or any other similar material;
(c) deposit on fertile soil or leave on fertile soil any structure or structures having an area larger than two (2) square meters for a period longer than thirty (30) days; or S.L. 549.66.
(d) undertake an activity which makes fertile soil unsuitable for agriculture use and for the conduction of an agriculture activity as defined under the Nitrates Action Programme Regulations: S.L. 236.01. S.L. 549.66.
An application is to be compiled and submitted to the Director and shall include and state in his application: V
(a) site plans which indicate:
(i) the site from where that fertile soil is intended to be removed;
(ii) the site where fertile soil shall be temporary covered;
(iii) the site where fertile soil is intended to be deposited;
(iv) the site where any temporary activity shall take place, which shall render the fertile soil unsuitable for agriculture use;
(b) the reason for the removal or the temporary covering of fertile soil;
(c) development and, or environmental permits where applicable;
(d) the approximate volume or area of fertile soil which is intended to be removed or affected by the activity;
(e) the name and address of the contractors engaged for the works or transportation of such soil where applicable;
(f) the registration number of the trucks that shall be used for the transportation of such soil where applicable;
(g) the manner in which such soil is intended to be deposited; and (h) any other information which the Director may, from time to time, require by publication in the Gazette.
It is to be noted: The activities mentioned shall only be applicable if such activity shall take place in any site listed in the Schedule to the List of Places where Fertile Soil may be deposited Notice or within a registered agricultural land in terms of regulation 13 of the Nitrates Action Programme Regulations.
Resources
Application for request for clearance for the Agriculture Directorate. Click
Here