ACT No. X of 2012 AN ACT to mainstream sustainable development across the workings of government, to raise awareness of sustainable development issues and practices across society and to promote the adoption thereof.

I assent.

G EORGE A BELA

(L.S.)

President

10th July, 2012

ACT No. X of 2012

AN ACT to mainstream sustainable development across the

workings of government, to raise awareness of sustainable

development issues and practices across society and to promote the

adoption thereof.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

PART I

Preliminary

The short title of this Act is the Sustainable

Development Act, 2012.

(1) The purpose of this Act is to create a framework

through which sustainable development is to be mainstreamed across

Government.

(2) Within the context of the private sector and civil society,

this Act seeks to enable the raising of awareness of the principles of

sustainable development, such that these may be adopted on a

voluntary basis.

(1)

In this Act, unless the context otherwise requires -

Interpretation.

"department of government" or "department" shall have the

same meaning as that assigned to it in the Public Administration Act; Cap. 497.

"government agency" or "agency" shall have the same meaning

as that assigned to it by the Public Administration Act;

"government entity" or "entity" shall have the same meaning as

that assigned to it by the Public Administration Act;

"Minister" means the Minister responsible for sustainable

development;

"Ministry” shall have the same meaning as that assigned to it by

the Public Administration Act;

"public administration" shall have the same meaning as that

assigned to it by the Public Administration Act;

"strategy" means Malta’s National Sustainable Development

Strategy, as this may be amended and, or updated from time to time;

"sustainable development" means development that meets the

needs of the present without compromising the ability of future

generations to meet their own needs.

PART II

Competent Authority

The Office of the Prime Minister shall be designated as the Establishment

of a competent

competent authority for the purposes of this Act

authority.

Provided that the Prime Minister may by notice in the

Gazette designate another entity as the competent authority for the

purposes of this Act.

The competent authority shall have the following Functions of the

competent

functions

authority.

(a)

to ensure the development and implementation of

Malta’s sustainable development strategy;

(b) to revise the said strategy in line with national,

European Union and international developments and to

establish the direction the revised strategy is to adopt;

(c)

to ensure that the provisions of the strategy are

implemented in a timely manner by the responsible actors;

(d) to develop a set of indicators for measuring the

progress achieved in the area of sustainable development, and

their progressive revision;

(e)

to advocate sustainable development across the

public administration, the private sector and society in general;

(f)

to review Government and specific Ministry

policies, plans, programmes and projects to ensure that they are

in line with the strategy and to ensure that all Ministries and line

entities within the public administration factor sustainable

development in their workings;

(g) to identify any relevant process or policy which may

be undermining sustainable development and propose

alternative processes or policies to the Government for

adoption;

(h) to perform audits to evaluate how the public

administration has integrated the principles of sustainable

development in its policies, plans, programmes and projects;

(i)

to identify trends which may significantly give rise

to unsustainable development outcomes and which will not be

reversed on the basis of current or planned action, and

recommend action to reverse such trends;

(j)

to encourage and stimulate good practices in the use

and sustainable management of natural resources, in particular

their minimal use and maximum re-use in an environmentally

sustainable manner;

(k) to commit itself to work closely with Local Councils

and other stakeholders for the promotion of sustainable

development at a local level;

(l)

to engage

in

active

consultation

with

all

stakeholders; and

(m) to carry out any other task that may, from time to

time, be requested by the Minister in respect of sustainable

development.

(1) In carrying out its functions under article 5, the

competent authority shall, in respect of sustainable development, be

empowered to

(a)

set recommendations to be achieved at a national,

local, sectoral, entity or any other level deemed appropriate;

(b) initiate, promote, sponsor and encourage projects,

studies, research, training, awareness initiatives and any other

activities which exemplify sustainable development practices;

(c)

make recommendations to the Minister on matters

related to sustainable development for adoption by Government;

(d)

request information from the public administration;

(e)

establish and direct subcommittees to undertake

various tasks;

(f)

make its own rules of procedure, including

procedures of subcommittees; and

(g) propose directives to the Principal Permanent

Secretary in terms of the Public Administration Act and, or Cap. 497.

measures related, amongst others, but not solely, to public

procurement and sustainable production and consumption

patterns to the Permanent Secretary in the Ministry responsible

for Finance in terms of the Financial Administration and Audit Cap. 174.

Act.

(2) Without prejudice to any of its responsibilities, the

competent authority shall have the power to delegate to any

department, agency or entity any one or more functions listed in

article 5 or any of the powers listed in subarticle (1). Any delegation

made in pursuance of this subarticle shall be in writing and shall be

published in the Gazette.

PART III

Duties of the Public Administration

(1) The public administration shall respond to any Duties.

request from the competent authority for

(a)

information, both of a qualitative and quantitative

nature;

(b) inputs into the formulation, revision or monitoring

of any strategy or strategies, policy or policies or any other

initiative related to sustainable development;

(c)

any other form of input that may, from time to time,

be required in respect of sustainable development.

(2) (a)

Every Ministry

shall

have

a

Sustainable

Development Coordinator.

(b) The Sustainable Development Coordinator shall

provide the competent authority with any input it may require in

fulfilment of its functions listed in article 5, the powers listed in

article 6 and duties listed in subarticle (1) respectively. Such input

shall be in a consolidated format reflecting the approved position of

the Ministry.

(c)

The Permanent Secretary within each Ministry shall

be the Sustainable Development Coordinator in respect of such

Ministry.

(3) (a)

Every department of government, agency or entity

shall have a Sustainable Development Focal Point.

(b) The Sustainable Development Focal Point shall

assist the Sustainable Development Coordinator in developing the

Ministry’s position in respect of any request by the competent

authority.

(c)

The Director responsible for policy development

within each Ministry and the Head of each government agency and

entity shall be the Sustainable Development Focal Point.

(4) The competent authority shall be entitled to request any

information directly from the Sustainable Development Focal Point.

(5) Each department of government, agency or entity shall

state in a special section of its annual report

(a)

the manner in which it has responded to directives

received from the competent authority;

(b) the specific objectives it has set to achieve

alignment with the strategy in order to contribute to the goal of

sustainable development and its contributions towards the

implementation of the strategy;

(c)

the specific activities or interventions it has

undertaken to achieve the objectives referred to in article 5(b)

and to quantify the benefits accrued thereof.

(6) Within the context of subarticle (5), the Principal

Permanent Secretary shall be entitled to request the competent

authority to review, from time to time, any such reports in so far as

related to the provisions of this Act.

PART IV

Guardian of Future Generations

(1) There shall be a Guardian of Future Generations, Guardian of

hereinafter referred to as "the Guardian" with the aim of safeguarding Future

Generations.

inter-generational and intra-generational sustainable development in

Malta.

(2) The Guardian shall be a Commission composed of the

following persons

(a)

a chairperson appointed by the Prime Minister;

(b) a person having knowledge of and experience in the

Environmental

Voluntary

Organisations

sector

and

environmental matters appointed by the Minister;

(c)

a person with knowledge of, and experience in,

commerce, economy and industry appointed by the Minister

following consultations with the Malta Council for Economic

and Social Development;

(d) a person with knowledge of, and experience in,

social and community affairs appointed by the Minister

following consultations with the Malta Council for Economic

and Social Development.

(3) (a)

The Guardian shall convene at least every quarter.

(b) The Permanent Secretary responsible for

Sustainable Development and the Head of the Strategic Policy

Secretariat may attend meetings of the Guardian, on an observer

status, without a vote.

(4) The Guardian shall have the mandate to

(a)

promote sustainable development advocacy across

national policy making, legislation and practices;

(b) develop a scientific research network that could

positively contribute towards the sustainability of society;

(c)

develop audits of various areas or sectors which are

deemed to contribute towards sustainable development;

(d) propose goals and actions to government entities for

them to take up in order to contribute towards the goal of

sustainable development;

(e)

permeate concepts of sustainable development

within the private sector;

(f)

encourage the participation of non-governmental

organizations in sustainable development advocacy;

(g) consider requests from the public as to policy

matters which can positively contribute to sustainable

development;

(h) to request any government entity to provide data or

information or to collect data or information about any topic

that could have a bearing on sustainable development;

(i)

foster sustainable development principles and

actions across Maltese society; and

(j)

direct the focus of the competent authority to

safeguard future generations.

PART V

Mainstreaming Sustainable Development

(1) There shall be a Sustainable Development Network,

hereinafter referred to as "the Network" with the aim of promoting

sustainable development in Malta.

(2) The Network shall be made up of the following persons

(a)

a chairperson appointed by the Prime Minister;

(b) the head of the Strategic Policy Secretariat or his

representative, who shall also act as the Deputy Chairperson;

(c)

the

Sustainable

Development

Coordinators

responsible for economic, social and environmental issues;

(d) a person from the Non-Governmental Organisations

sector having knowledge of and experience in environmental

matters appointed by the Minister;

(e)

a person with knowledge of, and experience in,

commerce, economy and industry appointed by the Minister

following consultations with the Malta Council for Economic

and Social Development;

(f)

a person with knowledge of, and experience in,

social and community affairs appointed by the Minister

following consultations with the Malta Council for Economic

and Social Development.

(3) The Network shall convene as required by the competent

authority at least every quarter.

(1) The competent authority shall endeavour to foster a Education,

higher level of knowledge and education in sustainable development training

other initiatives.

across all strata of society.

(2) The Malta Council for Economic and Social Development

and the Malta Council for Science and Technology shall propose to the

Guardian a series of sectoral initiatives which the competent authority

should give priority to.

(3) The University of Malta and the Malta College of Arts,

Sciences and Technology shall promote sustainable development

across all courses.

(4) The Principal Permanent Secretary shall promote

sustainable development through training courses for public

administration employees as well as through other initiatives.

(5) The competent authority shall also engage in other

initiatives aimed at fostering sustainable development across the

whole spectrum of society.

(1) The competent authority shall endeavour to develop Relationship

a working relationship with the Malta Council for Economic and with

stakeholders.

Social Development with a view to mainstream the principles of

sustainable development within its deliberations and within the

sectors represented on this Council.

(2) The Malta Council for Economic and Social Development

shall propose to the Network a series of sectoral initiatives which the

competent authority should give priority to.

(3) The competent authority shall endeavour to develop a

working relationship with any other stakeholders with a view to

mainstream the principles of sustainable development within their

captive audience.

PART VI

General Provisions

The competent authority shall act on the policy direction Policy direction.

that may, from time to time, be provided by the Prime Minister.

The Minister may make regulations for the purpose of

implementing the provisions of this Act and in particular, but without

prejudice to the generality of the foregoing, to further promote the

entrenchment of sustainable development practices across the public

administration, the private sector and civil society in general, which

regulations may also make provision in respect of matters that are

consequential or incidental to the provisions of this Act.

The competent authority shall, not later than three months

after the end of each financial year, make and transmit to the Minister

a report dealing generally with the activities of the competent

authority during that financial year and containing such information

relating to the proceedings and policy of the competent authority as

the Minister may from time to time require. The Minister shall cause

a copy of any such report to be laid on the Table of the House and a

debate held thereon as soon as practicable.

Passed by the House of Representatives at Sitting No. 498 of the

4th July, 2012.

M ICHAEL F RENDO

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives