ACT No. XVII of 2015 AN ACT to establish a framework for climate action.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

7th July, 2015

ACT No. XVII of 2015

AN ACT to establish a framework for climate action.

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:-

The short title of this Act is the Climate Action Act, 2015.

(Article 2)

Greenhouse gases include

(a)

Carbon dioxide (CO 2 )

(b) Methane (CH 4 )

(c)

Nitrous Oxide (N 2 O)

(d) Hydro fluorocarbons (HFCs)

(e)

Per fluorocarbons (PFCs)

(f)

Sulphur Hexafluoride (SF 6 )

(g) Nitrogen trifluoride (NF 3 )

Passed by the House of Representatives at Sitting No. 282 of the

30th June, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.44

In this Act unless the contents otherwise require

"climate change" means a change of climate which is attributed

directly or indirectly to human activity that alters the composition of

the global atmosphere and which is in addition to natural climate

variability observed over comparable time periods;

"climate system" means the totality of the atmosphere,

hydrosphere, biosphere and geosphere and their interactions;

"emissions" means the release of greenhouse gases and, or, their

precursors into the atmosphere over a specified area and period of

time;

"greenhouse gases" means those gaseous constituents of the

atmosphere, both natural and anthropogenic, that absorb and re-emit

infrared radiation; and shall include, inter alia, the gases listed in the

Schedule;

"Minister" means the Minister responsible for Climate Change

policy;

"reservoir" means a component of the climate system, other than

the atmosphere, which has the capacity to store, accumulate or release

a greenhouse gas or a precursor of a greenhouse gas;

"sink" means any process, activity or mechanism which

removes a greenhouse gas, an aerosol or a precursor of a greenhouse

gas or aerosol from the atmosphere;

"source" means any process or activity which releases a

greenhouse gas, an aerosol or a precursor of a greenhouse gas or

aerosol into the atmosphere;

"UNFCCC" means the United Nations Framework Convention

on Climate Change which entered into force on 21st March 1994;

"Union" and "European Union" shall have the same meaning of

"the European Union" as in the European Union Act.

(1) The State acknowledges that change in Earth’s Objective.

climate and its adverse effects are a common concern of humankind.

(2) This Act provides for action in order to contribute to the

mitigation of climate change by limiting anthropogenic emissions of

greenhouse gases and protecting and enhancing greenhouse gas sinks

and reservoirs, and to contribute to the prevention, avoidance and

reduction of the adverse impacts of climate change and the reduction

of vulnerability, enhancement of resilience, and adaptation to the

adverse effects of climate change.

It shall be the duty of every person together with the Duty of every

Government to protect the climate and to assist in the taking of person

climate action.

preventive and remedial measures to protect the climate.

(1) It shall be the duty of the Government to protect the Duty and

obligations of

climate for the present and future generations.

Government.

(2) In fulfilling its duties pursuant to sub-article (1), the

Government shall, inter alia

(a)

develop, periodically update and publish national

inventories of anthropogenic emissions by sources and removals

by sinks of greenhouse gases in order to monitor progress

towards achieving its quantified emission limitation or

reduction commitments pursuant to international treaties and its

obligations as a Member State of the European Union;

(b) formulate, implement, publish and update policies

regarding measures to mitigate climate change by limiting, and,

to the extent possible, reducing anthropogenic greenhouse gas

emissions by sources, and by enhancing removals of greenhouse

gases by sinks;

(c)

formulate, implement, publish and update policies

regarding measures to prevent, avoid, reduce, and reduce

vulnerability and enhance resilience to the adverse impacts of

climate change, and to facilitate adaptation to climate change;

(d) promote and cooperate in the development,

application and diffusion of technologies, practices and

processes that control, reduce or prevent anthropogenic

emissions of greenhouse gases in all relevant sectors, including

the energy, transport, industry, agriculture, land-use and

forestry, and waste management sectors;

(e)

promote sustainable management of sinks and

reservoirs of greenhouse gases including all terrestrial, coastal

and marine ecosystems and promote and cooperate in the

conservation and enhancement of sinks and reservoirs of

greenhouse gases including all terrestrial, coastal and marine

ecosystems;

(f)

promote and cooperate in scientific, technological,

technical, socio-economic and other research, systematic

observation and development of data archives related to the

climate system;

(g) promote and cooperate in the exchange of relevant

scientific, technological, technical, socio-economic and legal

information related to the climate system and climate change,

and to the economic and social consequences of response

strategies; and

(h) promote and cooperate in education, training and

public awareness related to climate change.

(3) The Government shall ensure that policies, programmes

and projects are designed and evaluated in a manner that takes into

consideration mitigation of, and adaptation to, climate change and

that such policies, programmes and projects contribute to the

mitigation of, and adaptation to, climate change.

(4) The Government shall ensure that policies, programmes

and projects are, to the extent possible, designed in a manner that

ensures resilience to the impacts of climate change.

(5) The Government shall, in fulfilling its duties and

obligations under this article, participate, cooperate and support

participation in, international and intergovernmental activities and

programmes related to climate action, as appropriate. In particular,

the Government shall promote activities that relate to climate action

relevant to the Mediterranean region, and shall, as appropriate,

participate, cooperate and support participation in such activities.

(1) The Government shall, in exercising its duties and Guiding

obligations under this Act, be guided by the principles listed in this principles

climate action.

article and these principles shall be employed in the interpretation of

the other provisions of this Act and any regulations made thereunder.

(2) The Government shall, in fulfilling its duties and

obligations under this Act

(a)

take climate change considerations into account, to

the extent possible, in relevant social, economic and

environmental policies and actions;

(b) take into account its obligations and commitments

pursuant to international treaties and its obligations as a

Member State of the European Union;

(c)

take into account the geophysical, social and

economic circumstances of Malta;

(d) ensure that actions taken are, to the extent possible,

the most cost-effective, using best available technologies and

best practices as appropriate to Malta;

(e)

ensure that it takes into account the best available

scientific, technological, technical and socio-economic

information;

(f)

ensure that all sectors of society and the economy

participate in national climate action, including in relevant

decisions;

(g) ensure that climate change, environment,

conventional and alternative energy policies and measures are

designed, developed, coordinated and implemented in the best

interests of the environment, the economy, international and

European Union obligations;

(h) ensure that climate action taken respects the

interests of all sections of society, is non-discriminatory and,

where relevant, promotes gender equality;

(i)

ensure that data is collected, processed and

interpreted in cognizance of data related to achieving overall

international and European Union obligations in other areas;

(j)

respect and, to the extent possible, safeguard the

interests of vulnerable sectors of society, including by taking

climate actions that support the eradication of poverty;

(k) ensure that climate action taken should promote and

enhance the competitiveness of Malta’s economy;

(l)

ensure, to the extent possible, that no conflict exists

between policies and measures adopted in respect of climate

action and other policies and measures;

(m) ensure that it takes precautionary measures to

anticipate, prevent or minimize the causes of climate change

and to mitigate its adverse effects and that where there are

threats of serious or irreversible damage, the lack of full

scientific certainty should not be a reason for postponing such

measures;

(n) ensure that climate action taken contributes to

sustainable development;

(o) ensure that, where relevant, any beneficial impacts

of climate change are harnessed to the benefit of society, the

economy and the environment, to the extent that such beneficial

impacts can reduce vulnerability and enhance resilience to other

adverse impacts of climate change;

(p) ensure that, prior to taking any decision, all the

consequences of the outcome of that decision throughout the

whole life cycle of that outcome are taken into consideration;

and

(q) ensure adequate information is made available to the

public, to facilitate public participation in respect of certain

plans and programmes relating to the climate system and ensure

adequate access to justice.

(1) The Minister shall, in consultation with any other

Minister competent to take cognizance of the matter, and in

consultation with civil society, environmental organizations and the

general public prepare a national low-carbon development strategy to

contribute to

(a)

the transparent and accurate monitoring of the actual

and projected progress made by the Government in fulfilling its

obligations under the UNFCCC to limit or reduce anthropogenic

greenhouse gas emissions;

(b) meeting the greenhouse gas emission reduction

commitments of the Government as a Member State of the

European Union; and

(c)

achieving long-term emission reductions

and

enhancements of removals by sinks in all sectors.

(2) The Minister shall ensure that the national low-carbon

development strategy is reviewed and updated periodically, and at

least every four years.

(3) The Minister shall make available to the public the

national low-carbon development strategy and any updates thereof.

(1) The Minister shall, in consultation with any other National

Minister competent to take cognizance of the matter, and in adaptation

strategy

consultation with civil society, environmental organizations and the

general public, prepare a national adaptation strategy, to contribute to

(a)

the prevention, avoidance, and reduction of the

adverse effects of climate change, and to facilitate adaptation to

climate change;

(b) the transparent monitoring of progress made by the

Government in reducing vulnerability and enhancing resilience

to the adverse impacts of climate change.

(2) The national adaptation strategy shall also include

information on climate change in so far as it relates to Malta and on

actual and projected impacts of climate change on Malta.

(3) The Minister shall ensure that the national adaptation

strategy is reviewed and updated periodically, and at least every four

years.

(4) The Minister shall make available to the public the

national adaptation strategy and any updates thereof.

(1) The Minister shall lay on the Table of the House of Reports to be

Representatives, the National Low-carbon Development Strategy and laid

House of

the National Adaptation Strategy and their updates, at least once Representatives.

every four years.

(2) The Minister shall every year report to the House of

Representatives the progress registered in meeting the targets set by

the low-carbon development strategy and the national adaptation

strategy.

(1) There shall be a board, to be known as the Climate

Action Board, hereinafter referred to as "the Board", which shall be

appointed by the Prime Minister in consultation with the Minister and

which shall consist of the following

(a)

a chairperson;

(b)

a deputy chairperson;

(c)

a member representing each of the Ministry

responsible for finance, economic development and

competitiveness, energy, transport, environment, education,

national security and civil protection, tourism, social policy,

european affairs, land use and development planning policy,

health, waste policy, agricultural policy, consumer affairs and

regional policy; and

(d) a member representing any other Ministry or public

entity may, in the opinion of the Minister, be required for the

purpose of this Act

Provided that the Minister may appoint a deputy

chairperson who is independent from Government

Provided also that the Minister may allow the Board

to appoint any further expert or group of experts to assist it in the

performance of its functions as may be necessary.

(2) The Minister shall appoint a person to be the Secretary of

the Board.

(3) The Chairperson, the other members of the Board and the

Secretary of the Board shall hold office for a period of three years, but

the members so appointed may be re-appointed on the expiration of

their term of office

Provided that if a member is appointed at any time after the

other members have already been appointed, the term of appointment

of such other member shall end on the same date as that of the other

members.

(4) A person shall not be qualified to hold office as a member

of the Board, if the person -

(a)

is legally incapacitated; or

(b) has been declared bankrupt or has made a

composition or arrangement with his creditors; or

(c)

has been convicted of a crime affecting public trust

or theft or fraud or knowingly receiving property obtained by

theft or fraud, or of any offence against this Act; or

(d) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of the functions as

a member of the Board.

(5) Any member of the Board who has any direct or indirect

interest relating to any particular function of the Board, not being an

interest which disqualifies such member from remaining a member,

shall disclose the nature of the interest at the first meeting of the

Board after the relevant facts have come to that member’s knowledge;

such disclosure shall then be recorded in the minutes of the meeting,

and the member having an interest as aforesaid shall withdraw from

any meetings at which such matter is discussed. Any such disclosure

shall be communicated to the Minister without delay. Where the

interest of the member is such as to disqualify that member from

remaining a member, he shall report the fact immediately to the

Minister and tender his resignation.

(6) The appointment of any person as a member of the Board

and the termination of office or resignation of any such person, as

well as any additional functions assigned to the Board by the

Minister, shall be notified in the Gazette, and it shall have effect

forthwith

Provided that failure to publish the appointment or

termination of office, as the case may be, shall have no effect on the

validity of such appointment or termination.

(1) The Board shall have such functions as are set out in Functions of the

this Act and such other functions as may devolve upon it under any Climate

Board.

other law, or as may be assigned to it by the Minister under this Act.

(2) It shall be the function of the Board

(a)

to supervise the implementation of this Act and, or

any regulations made thereunder;

(b) to monitor that Malta is in fulfilment of its

obligations under the UNFCCC and its obligations as a Member

State of the European Union;

(c)

to advise the Minister on the implementation of this

Act and, or any regulations made thereunder and, or any

international obligations relating to climate action which the

Government may be bound to observe and, or any obligation

relating to climate action which the Government may be bound

to observe as a Member State of the European Union;

(d) to facilitate Government’s adherence to the national

low-carbon development strategy, the national adaptation

strategy and any other strategy or policy which the Minister

may issue in terms of this Act or any regulations made

thereunder;

(e)

to make recommendations to the Minister on any

matter relating to this Act or any regulations made thereunder or

on any matter relating to climate action;

(f)

to annually report to the Minister on the progress

being registered in the field of climate change;

(g) to consult with the Malta Council for Economic and

Social Development on any matters relating to this Act or any

regulations made hereunder;

(h) to consult with the representatives of two

environmental voluntary organizations, nominated by registered

environmental voluntary organizations in accordance with the

Voluntary Organisations Act, as their representatives, on any

matters relating to this Act or any regulations made hereunder

periodically; and

(i)

to carry out such other functions as may be assigned

to it by the Minister.

(1) The Minister may, subject to the provisions of this

Act, make regulations to give effect to any of the provisions of this

Act, or to regulate or otherwise provide about any matter in respect of

the functions and the activities which affect climate action in

accordance with this Act.

(2) The Minister may, acting in accordance with the provisions

of this Act, make regulations for the better carrying out of the

provisions of this Act and may appoint any person or body to be the

designated authority for the purposes of exercising any duties or

obligations which the Government has under this Act.

(3) Without prejudice to the generality of the provisions of

sub-articles (1) and (2), such regulations may, in particular

(a) prescribe the charges and fees that may be levied by

the Government for services rendered by it under this Act, or in

respect of any matter for which it is considered that a fee should

be payable;

(b)

prescribe measures to mitigate climate change;

(c)

prescribe measures to prevent, avoid, reduce, and

reduce vulnerability to and enhance resilience to, the adverse

impacts of climate change and to adapt to climate change;

(d) prescribe measures for the good governance of

climate mitigation and adaptation measures;

(e)

give effect to any international treaty or instrument,

including directives, regulations and decisions, relating to any

matter governed by this Act to which Malta may be a party or

subject from time to time and to set up structures and make

other provisions for the implementation thereof;

(f)

provide for the collection, processing, comparison

and interpretation of data related to climate action in cognizance

of data related to the local economy and international and

European Union obligations and to provide that such persons

carrying out such activities that may affect climate as may be

prescribed, give such information and data to the Government

on a regular or other basis as may be prescribed in order for the

Government to take necessary action to harmonise local policies

and measures in contribution to mitigation and adaptation in

climate; and

(g) prescribe the techniques to be used in the monitoring

of climate change.

(1) Regulations under article 12 shall not be made Procedure for

unless the Minister shall have first published a draft thereof in the making

regulations.

Gazette allowing any person a period of at least four (4) weeks to

make representations to the Minister.

(2) The Minister shall consider any representations made

under sub-article (1) and may proceed to revise the draft regulations

and to promulgate such regulations in accordance with such revision,

or to amend any regulations already promulgated.

(3) When the Minister makes regulations concerning the

procedure before any board, commission or other body established

under this Act, he shall also consult such board, commission or body.

(1) Without prejudice to his powers under the Power to

provisions of this Act, the Minister may direct any person or any delegate.

department, agency, corporation or authority established by law to

carry out any functions or duties in terms of this Act or of any

regulations made in terms of this Act, and, or to ensure the proper

implementation of this Act or of any regulations made in terms of this

Act, and the Minister may by regulations prescribe and regulate the

procedures and methods to be adopted by such person or department,

agency, corporation or authority in exercise of such functions.

(2) The Minister may, from time to time, give to any of the

entities or to any of its officers or employees such directives and

orders, not being inconsistent with the provisions of this Act, as the

Minister may deem opportune with regard to the policy that has to be

followed by them and to the operation and implementation of their

functions, and on any other matter which appears to the Minister to be

connected with climate action, and the entity, officer or employee

concerned shall, as much as possible, without delay comply with and

act in accordance with these directives and orders and shall conduct

their functioning in accordance with these principles.

(3) Every entity shall give the Minister all required facilities

so that he may obtain all information connected with their affairs and

activities of any entity, officer or employee, and for this purpose they

shall supply the Minister with returns, bills and any other information

connected thereto, or with their functions, and give him all required

facilities to audit all given information, in such manner and within

such times as the Minister may reasonably require.

(4) The Prime Minister may, by regulations made in

consultation with the Minister, delegate any of the Minister’s

functions under this Act or under any regulations made in terms of

this Act to any other Minister.

(1) Without prejudice to any other provision of this Act

the Minister may make regulations prescribing penalties for offences

against any regulations made under this Act, and such regulations

may

(a)

prescribe imprisonment not exceeding four years

and different fines (multi) not exceeding one million euro

(€1,000,000) for different offences;

(b) prescribe fines (multi) calculated in accordance with

the duration of the commission of the offence, not exceeding

fifty thousand euro (€50,000) for each day during which the

offence continues.

(2) Without prejudice to any other provision of this Act, the

Minister may make regulations allowing any person or any

department, agency, corporation or authority to impose administrative

fines not exceeding one million euro (€1,000,000) or other sanctions

on any person, department, agency, corporation or authority who is in

contravention of any provisions of this Act or of any regulations or

directives made thereunder and provide for the procedure for the

imposition and enforcement of such fines which procedures may

include provisions to the effect that any such fines shall constitute an

executive title for the effects and purposes of Title VII of Part I of

Book Second of the Code of Organization and Civil Procedure.

(1) The Minister, in consultation with the Minister Climate Action

responsible for Finance, shall by Order establish and maintain a Fund.

Climate Action Fund.

(2) The Climate Action Fund shall be replenished from

(a)

revenues accruing to the Government from its

participation in and implementation of market-based measures

relating to climate action adopted pursuant to international

treaties or European Union legislation, including, inter alia,

from the auctioning of allowances pursuant to Directive 2003/

87/EC as may be amended or replaced from time to time;

(b) revenues generated by the Government through the

implementation of national measures relating to the reduction or

limitation of greenhouse gas emissions;

(c)

any donations or grants made to the Fund by

individuals or institutions;

(d) any sums appropriated by Parliament for such

purpose; and

(e)

any sums or monies as may from time to time be

provided by or under this Act or any other law.

(3) (a)

The Climate Action Fund shall be administered by a

board of governors that is chaired by the Chairperson of the Climate

Action Board, or the vice chairperson of the Climate Action Board as

his delegate, as appointed according to article 10(1)(a)

Provided that the member representing the Ministry

responsible for Finance in article 10(1)(c) shall sit on the Board of

Governors ex officio.

(b)

The Minister shall by regulation establish

(i)

the composition of the rest of the Board of

Governors of the Climate Action Fund; and

(ii) the Rules of Procedure for the Board of Governors of

the Climate Action Fund.

(4) The Climate Action Fund shall have a legal personality

independent and distinct from that of Government and shall be

capable of entering into contracts and of acquiring and transferring

property and doing all such things that are necessary for, or ancillary

to its functions.

(5) The Climate Action Fund referred to in sub-article (2) shall

be applied to

(a)

support the fulfilment of the obligations set out in

this Act and regulations made thereunder;

(b) support the fulfilment of the Government’s

obligations and commitments established by the UNFCCC and

European Union legislation;

(c)

the provision of financial support to, and the

promotion, facilitating and financing of the transfer of, and

access to, environmentally sound technologies and know-how

or capacity for national requirements and developing countries,

in accordance with obligations and commitments of the

Government pursuant to international treaties.

(6) The Climate Action Fund referred to in sub-article (2) may

be applied to support research and development related to the climate

system or to promote education, training and public awareness related

to the climate system or to finance such other activities including

activities organized by non-governmental organisations, as the

Minister, in consultation with the Board, may prescribe.

(7) The board referred to in sub-article (3) shall every

financial year deliver to the Minister a copy of its duly audited

balance sheet together with a report of its activities during the

previous financial year. The Minister shall lay a copy of the balance

sheet and of the report on the Table of the House of Representatives.

(8) The Minister may, with the concurrence of the Minister

responsible for Finance, make regulations prescribing the procedure

to be followed by the board referred to in sub-article (3) and

otherwise regulating the fund. The Minister may by such regulations

in particular prescribe such functions, activities and initiatives that

may be or are to be financed by the fund.

(9) The revenue of the Climate Action Fund shall not be

subject to tax under the Income Tax Act.