ACT No. I of 2016 AN ACT to make provision for the protection of the environment and for the establishment of an authority with powers to that effect and for matters connected therewith or ancillary thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

8th January, 2016

ACT No. I of 2016

AN ACT to make provision for the protection of the environment

and for the establishment of an authority with powers to that effect

and for matters connected therewith or ancillary thereto.

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

(1) The short title of this Act is the Environment

Protection Act, 2016.

(2) This Act shall come into force on such date as the Minister

may by notice in the Gazette establish, and different dates may be so

established for different provisions or different purposes of this Act.

(3) A notice under sub-article (2) may make such transitional

provisions as appear to the Minister to be necessary or expedient in

connection with the provisions thereby brought into force.

[Article 58(2)]

The activities and operations referred to in article 58(1) include,

amongst others, the following

(a)

in relation to biodiversity and other natural features

(i) for whatever purpose, trade in, sell, buy,

exchange, transfer or dispose, extract or abstract, transport,

import, export or re-export such specimens of flora, fauna

or other natural features, as may be prescribed whether

dead or alive in whole or in part, including any derivatives

thereof;

(ii) have such specimens as may be prescribed in

transit;

(iii) have in his possession such specimens as may

be prescribed;

(iv) handle such specimens as may be prescribed, in

any manner including the ringing and tagging thereof;

(v) mount, stuff, trap, shoot or capture such

specimens as may be prescribed;

(vi) deliberately pick, collect, cut, destroy, kill,

pursue, take, damage, capture such specimens as may be

prescribed;

(vii) uproot, fell, prune or carry out any surgical or

other interventions on such specimens as may be

prescribed;

(viii) use prohibited means of capture and killing as

may be prescribed;

(ix) manage invasive and alien species as may be

prescribed;

(x) introduce or reintroduce species as may be

prescribed;

(xi) carry out activities in protected areas considered

to have an effect on the diversity and the integrity of the

site or its environmental characteristics;

(xii) carry out any activity which goes counter to the

principles of ecological, geological, geomorphological,

hydrology and landscape restoration or of good-practice

conservation and management of biodiversity, natural

features, landscapes and protected areas, as may be

prescribed, including but not limited to

1. activities

which

are

expected

to

cause

permanent or

prolonged

or

otherwise

significant

alterations;

2. afforestation, planting,

deforestation

and

removal of natural vegetation;

3. activities expected to generate, intensify or

modify ambient noise, vibrations, light pollution, currents

or other disturbances to the environment;

4. activities involving fires, fireworks, spillage

hazards or other potentially hazardous factors;

5. activities considered to have an effect on

biological diversity, on the physical aspect of the site, or on

the integrity of the site and the landscape;

6. off-roading activities or events;

7. cleaning or dredging of valleys;

(xiii) modify, endanger the stability of or demolish

any natural physical features, or any rural structures

affording a habitat for flora and fauna or otherwise

contributing to the integrity of the landscape or the physical

environment, as may be prescribed;

(xiv) manage biological diversity as may be

prescribed;

(xv) for the access to genetic resources and their

benefit-sharing;

(b)

in relation to waste management

(i) store, treat, collect, transfer, recover or

otherwise manage or handle such waste as may be

prescribed;

(ii) act as broker for the carrying out of the

functions mentioned in sub-paragraph (i);

(iii) trade in, import or export waste;

(iv) have such waste as may be prescribed in transit;

(v) operate waste management facilities;

(c) in relation to pollution control, conduct operations

that discharge or cause or permit to be discharged such

substance as may be prescribed into the environment;

(d) in relation to the contained use of genetically

modified organisms

(i) deliberate release into the environment of

genetically modified organisms;

(ii) trade in genetically modified organisms;

(iii) manage or otherwise have in his possession

genetically modified organisms;

(e)

any other activity as may be prescribed by

regulations.

Passed by the House of Representatives at Sitting No. 338 of the

9th December, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€7.02

In this Act, unless the context otherwise requires

"application" means a permission application or authorisation

application submitted in the manner prescribed by the Authority;

"application report" means the final permission application

report or authorisation application report;

"the Authority" means the Environment and Resources Authority

established under article 6 and includes any body or other person

acting on its behalf under powers delegated by the Authority under

this Act, and the Minister may, by order in the Gazette, designate

different bodies or persons as a competent authority for different

provisions and different purposes of this Act or any regulations made

thereunder;

"biological diversity" or "biodiversity" means the variability

among living organisms from all sources, including, inter alia,

terrestrial, marine and other aquatic ecosystems and the ecological

complexes of which they are part, and includes diversity within

species, between species and of ecosystems;

"the Chairperson" means the Chairperson of the Authority

appointed in terms of article 6;

"the Chief Executive Officer" shall mean such an officer so

appointed who is vested with the executive management of the

Authority;

"conservation" means a series of measures required to maintain or

restore the natural habitats and the population of species of wild fauna

and flora at a favourable status, and for cultural heritage means any

activity required to maximize the endurance or minimize the

deterioration of any cultural property as far as possible and includes

examining, testing, treating, recording and preserving any such cultural

property or any part thereof;

"derivatives" means parts of any specimen, whether processed by

man or not;

"discharge" includes emission, deposit, dumping, disposal,

addition or introduction into the environment of a substance or energy

directly or indirectly from any point source or diffuse source, whether

stationary or mobile, and whether caused or permitted intentionally or

otherwise and whether continuous or intermittent or once only;

"entity of Government" means a body corporate established by

law or a company in which the Government or such body corporate,

or a combination thereof has a controlling interest or which is a

subsidiary of such a company;

"environment" means the whole of the elements and conditions,

natural or man-made, whether together or in isolation, and in

particular

(a) the air, water, land, soil and sea, including their

bedrock, aquifers and subsurface features;

(b)

all the layers of the atmosphere;

(c)

all biodiversity; and

(d)

the landscape and its features;

"fauna" means all types of animals and other biota including

akaryotes, prokaryotes and eukaryotes, dead or alive, in whole or in

part and their derivatives;

"flora" means all types of plants and other biota including

akaryotes, prokaryotes and eukaryotes, dead or alive, in whole or in

part and their derivatives;

"functions" includes responsibilities, powers and duties;

"Gazette" means the Government Gazette;

"genetically modified organism" means any of the following

(a)

an organism derived from the formation of a

combination of genetic material by any means other than natural

means;

(b)

an organism inheriting such combination of genetic

material;

(c)

an organism that results from the replication of an

organism as derived in paragraph (a); or

(d) such other organism as may be prescribed by the

Minister under this Act;

"land" includes the air, water, land, sea and soil, including their

bedrock, aquifers and subsurface features, and extends to the proper

use of resources found in such so as to ensure protection of the

environment in general and use of the air, water and soil in a

sustainable manner;

"local council" means a local council established under the

Local Councils Act;

"minerals" includes all minerals and substances (including oil and

natural gas) in or under land of a kind ordinarily worked for removal by

underground or surface working;

"Minister" means the Minister responsible for the environment;

"natural resources" means any component of nature and includes

air, water, land, soils, minerals, energy, living organisms and genetic

resources;

"officer" includes any employee or member of staff of the

Authority;

"person" means a body or other association of persons whether

granted legal personality or not and shall include Environmental

Voluntary Organisations;

"plan" means a plan approved in accordance with the provisions

of this Act;

"policy" means a policy approved in accordance with the

provisions of this Act;

"pollution" means the direct or indirect introduction by man, or

due to natural processes, into the environment of substances, energy,

organisms or genetic material that cause or are likely to cause hazard

to human health, or harm to living resources or to the environment;

"precautionary principle" means the principle whereby

appropriate measures are taken to protect the environment and to

ensure sustainable management of natural resources in the absence of

absolute or conclusive scientific proof of the need for such measures;

"prescribed" means prescribed by regulation, rule, order or other

instrument made as provided in the provisions of this Act

empowering the making of any such instrument;

"protected area" means all areas that are afforded protection

under this Act;

"public officer" has the meaning assigned to it by article 124 of

the Constitution;

"sea" includes the water column, seabed, marine sedimentary

subsoil, sediment and bedrock;

"specimen" means any species, whether alive or dead, any part or

derivative thereof, and includes any goods which from an

accompanying document, the packaging, mark or label or from other

circumstances appear to be parts or derivatives of animals or plants;

"Standing Committee" means the Standing Committee on the

Environment and Development Planning established in terms of the

Development Planning Act;

"subsidiary plans" includes strategies, plans, programmes and

guidance under this Act;

"substances" means any matter, chemical, mixture, compound

or product, and includes fuels, combinations of elements, mixtures or

compounds of a chemical reaction, as well as the mixture of

substances of different molecular identities;

"Tribunal" means the Environment and Planning Review

Tribunal referred to in article 3 of the Environment and Planning

Review Tribunal Act;

"waste" means any thing, substance or object which the holder

discards or intends to discard, or is required to keep in order to discard,

and includes such other thing, substance or object as the Minister may

prescribe

Provided that if a definition provided for under this article is

amended through a European, International or multilateral directive or

legislative instrument, the Minister shall have the authority to amend

such a definition in accordance with such a directive or legislative

instrument by means of a Regulation issued under the provisions of

article 54.

PART II

Duty to Protect the Environment

It shall be the duty of every person and entity, whether

public or private, to protect the environment and to assist in the taking

of preventive and remedial measures to protect the environment and

manage natural resources in a sustainable manner.

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

environment for the benefit of the present and future generations and

to that effect

(a)

to manage the environment in a sustainable manner

by integrating and giving due consideration to environmental

concerns in decisions and policies on land use, socio-economic,

educational and other matters;

(b) to take such preventive and remedial measures as

may be necessary to address and abate the problem of pollution

and any other form of environmental degradation in Malta and

beyond, in accordance with the polluter pays principle and the

precautionary principle;

(c)

to collaborate with other governments and entities in

the protection of the global environment;

(d) to disseminate information on the environment and

to facilitate the participation of the public in decisions that

affect the environment;

(e)

to apply scientific and technical knowledge and

resources in determining matters that affect the environment;

(f)

to ensure the sustainable management of wastes, to

promote the reduction of waste and the proper use, re-use and

recovery of matter;

(g)

to safeguard biological diversity;

(h) to combat all forms of pollution and environmental

degredation;

(i)

to consider the environment as the common heritage

and common concern of mankind;

(j)

to provide incentives leading to a higher level of

environmental protection; and

(k) to promote research and development in the

environmental field by different institutions.

(2) In the course of its daily responsibilities, it shall be the

duty of every Government entity to implement the objectives and

provisions of this Act and its subsidiary legislation. In doing so,

Government entities shall also have regard to national environmental

targets when carrying out their respective plans, programmes and

projects.

The provisions of articles 3 and 4 shall not be directly Application of

enforceable in any court, but the principles therein contained are, this articles 3 and 4.

notwithstanding, fundamental to the Government of Malta and those

principles shall be employed in the interpretation of the other

provisions of this Act or of any other law relating to matters governed

by this Act.

PART III

1. Administration

(1) There is hereby established an authority, to be

known as the Environment and Resources Authority, which shall

consist of not less than eight and not more than ten members, of

whom one shall be the Chairperson of the Authority.

(2) Save as hereinafter provided, the members of the Board of

the Authority shall be appointed by the Minister as follows

(a) two public officers representing the Government,

one of whom has experience or qualifications in matters

concerning the environment, and another who has experience or

qualifications in matters concerning environmental health or

social policy;

(b) six members (hereinafter called the "independent

members") shall be chosen from amongst persons of known

integrity and with knowledge of and experience in

(i) the Environmental Voluntary Organisations

sector and who shall be nominated by the said Voluntary

Organisations; and

(ii) the rest being persons with knowledge of and

experience in matters relating to the functions of the

authority, for good governance;

(c)

a member nominated by the Leader of the Opposition.

(3) The Chairperson of the Authority shall be chosen by the

Minister from amongst the independent members of the Authority.

(4) Save as provided in sub-article (2), no person shall be

qualified to be appointed as, or remain, a member of the Authority if

(a)

is a public officer

Provided that the Chairperson shall not be

considered as a public officer for the purposes of this sub-

article; or

(b) is an officer of any department, entity, Corporation

or Authority of the Government, provided that for the purposes

of this paragraph a member of the academic staff of the

University shall be excluded; or

(c)

is a Minister, Parliamentary Secretary or a member

of the House of Representatives, of the European Parliament, or

of a local council; or

(d)

is a judge or magistrate of the courts of justice; or

(e)

has a financial or other interest in any enterprise or

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

a member of the Authority

Provided that the Minister may determine that the

person’s interest is not likely to affect the discharge of his

functions and upon such determination that person shall be

qualified to hold the office of member of the Authority provided

that the declared interest and the Minister’s determination are

published in the Gazette; or

(f)

is interdicted or incapacitated; or

(g) is convicted of an offence affecting public trust, or

of theft or fraud, or of knowingly receiving property obtained by

theft or fraud or of bribery or of money laundering; or

(h) is subject to disqualification under article 320 of the

Companies Act.

(5) The independent members shall hold office for such

period, being not less than three years, as may be specified in the

letter appointing them and if no such period is specified shall remain

in office for three years. In determining such period of office the

Minister shall, as far as practicable, ensure a measure of rotation.

(6) Without prejudice to the provisions of sub-article (4), the

independent members may resign by letter addressed to the Minister

but may not be removed from office except by a resolution of the

House of Representatives on the ground of misconduct or inability to

perform the duties of their office.

(7) The other members of the Authority shall hold office until

they are replaced by the Minister, and as long as they remain public

officers.

(8) A person who has ceased to be a member of the Authority

shall if he is otherwise qualified, be eligible for reappointment; but no

person shall in the aggregate be a member of the Authority for more

than seven years.

(9) The Minister may by regulations establish the manner in

which the proceedings of the Authority shall be regulated.

(10) The Authority shall transmit a copy of the agenda, minutes

and relative enclosures of its meetings to the Minister for his

information.

(1) The Authority shall be a body corporate having a

distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any kind of property for the purposes of its

functions, of suing and being sued, and of doing all such things and

entering into all such transactions as are incidental or conducive to

the exercise or performance of its functions under this Act, including

the lending or borrowing of money.

(2) The legal and judicial representation of the Authority shall

vest in the Chairperson

Provided that the Authority may appoint any one or more

of its other members or any one or more of its officers to appear in the

name and on behalf of the Authority in any proceedings and in any

act, contract, instrument or other document whatsoever, or in the case

of any vacancy in the post of Chairperson.

(3) In the absence of the Chairperson, or if the Chairperson is

unable to perform the functions of his office, whether under this or

any other provision of this Act, any one of the deputy chairpersons

shall perform those functions and shall rotate the chairpersonship of

the Authority between them as far as practical.

(1) The Authority shall be the principal means whereby

the Government shall implement its duties under this Act.

(2) The functions of the Authority shall be

(a)

to perform and succeed in the functions, assets,

rights, liabilities and obligations of the competent authority

established under the provisions of article 6 of the Environment

and Development Planning Act and under the provisions of

article 3 of the Malta Resources Authority Act in so far as such

functions, assets, rights, liabilities and obligations refer to the

role of the competent authority established under the said Act in

relation to the protection and management of the environment

and sustainable management of natural resources, and the

prevention, mitigation, offsetting or remediation of adverse

effects on the environment;

(b) to formulate and implement policies relating to the

protection and management of the environment and the

sustainable management of natural resources, and on such other

matters as may be necessary for the better carrying out of the

provisions of this Act;

(c)

to carry out and or commission surveys, studies,

assessments, investigations, audits, monitoring and promote

research on any matter relating to the environment and the

natural resources regulated by or under this Act;

(d) to provide information and issue guidelines to the

public and to commercial and other entities on matters relating

to the environment and the said natural resources;

(e)

to establish measures for the protection of the

environment and to promote the efficient use of natural

resources in, and through, the practices, operations, activities

and functions regulated by or under this Act;

(f)

to ensure that national and international obligations

relative to the matters regulated by or under this Act are entered

into force and complied with;

(g) to permit, assess, investigate, audit, monitor, and

take action on, any activity, intervention, project, operation or

land use that may have an effect on the environment;

(h) to advise the Minister on international legislation

and on the formulation of national policy in relation to matters

regulated by this Act and on matters having a bearing on this;

(i)

otherwise to advise the Minister on any matter

connected with its functions under this Act;

(j)

to carry out, review or request others to carry out

environmental assessments, environmental audits and

environmental monitoring of activities and works having an

impact on the environment;

(k) to perform such other functions as may from time to

time be assigned to it by the Minister.

(3) In carrying out its functions under sub-article (2) the

Authority shall

(a)

seek to co-operate or to make arrangements with

other entities or persons to enable it to better implement or

monitor the implementation of and compliance with the

provisions of this Act;

(b) establish long and short term objectives and

strategies;

(c)

make or advise the Minister on the making of

environmental standards, guidelines and the making of

regulations, plans and policies under this Act as well as advise

on the formulation and implementation of contingency and

emergency plans, led by other authorities, to safeguard the

environment;

(d) issue or withhold any authorisation or conduct or

oversee any assessment, monitoring or other action that may be

required by or under this Act under such conditions as it may,

subject to any other provision of this or any other law, deem

necessary to control and manage activities having an impact on

the environment or which may potentially impact the

environment;

(e)

establish threshold levels of discharge from

production, management, use, possession or any other activity

involving products and substances, their waste products and

pollution;

(f)

monitor the quality of the environment and for such

purpose establish indicators and methodologies, and maintain

and disseminate information related to the environment; and

(g) publish, at intervals not more than four years, a

report on the state of the environment.

(4) For these purposes, and subject to the provisions of this

Act, the Authority shall be responsible for

(a)

ensuring that environmental audits, environmental

assessments and environmental monitoring as may be

prescribed are properly carried out;

(b) the preparation of the plans and policies including

any other matter ancillary, incidental or conducive thereto, and

the updating thereof following their approval in terms of this

Act;

(c)

the conduct of consultations with Government,

public entities, local councils, non-governmental organizations,

private organizations and international organizations and other

persons relating to environmental protection and the sustainable

management of the environment and natural resources, and to

undertake and promote research on such matters;

(d) the provision of support and advisory services

relating to environment protection, to Government and local

authorities in relation to the performance of their functions;

(e)

the provision of, either alone or in collaboration

with others, education, training and public awareness programs

relating to environmental protection, conservation and the

sustainable management and monitoring of the environment;

(f)

the publication and updating, as circumstances may

warrant, of an official manual containing such matters as the

Minister may prescribe and which shall be made available to the

public, provided that

(i) no policy or amendment thereto approved in

terms of article 51 shall have effect unless it is approved in

accordance with the provisions of this Act and published in

the official manual;

(ii) a policy or an amendment thereto, as the case

may be, shall be published in the official manual within one

month from the date of its approval in terms of this Act;

(iii) the official manual may be published and

updated in electronic form or in any other format as the

Authority may approve;

(g) the performance of such other functions as may

from time to time be assigned to it by the Minister, including the

functions required to give effect to any international obligation,

including European obligations and bilateral agreements entered

into by Malta relative to matters regulated by this Act.

(5) In the execution of its functions under this Part and

Part V, the Authority shall consult with the Minister, and it shall

have and may exercise all or any one of more of the powers

vested in it or entrusted to it by this Act.

(6) The Authority may also exercise all powers of

control over the environment as may from time to time be

delegated to it in writing by the Minister on behalf of any

department or entity of Government.

(7) It shall be the Minister’s function to ensure that the

Authority is fully informed of Government’s strategic directions

relative to the environment, and to monitor the proper execution of

such policies.

(8) The Authority shall execute its duties, functions and

responsibilities in accordance with Government’s strategic directions

relating to the environment as well as such policies relating to the

environment as are applicable to Malta.

(9) In the pursuance of its functions under this Act, the

Authority shall, as far as possible, make reference to European best

practices and emulate them.

(10) The Authority shall also ensure that it keeps an audit trail

of all its processes, including all documentation and reports.

(11) The Authority may require any holder of environmental

information to provide it with any information, including financial

information that the Authority considers necessary for the purpose of

ensuring compliance with the provisions of this Act, regulations

prescribed thereunder and decisions or directives made in accordance

with this Act, regulations prescribed thereunder or any other law

which the Authority is entitled to enforce. Any person who fails or

refuses to provide such information shall be in contravention of this

Act and shall be liable to the imposition of an administrative fine as

may be prescribed by the Authority.

Subject to retaining overall control and supervision, and

otherwise observing the provisions of this Act, the Authority may,

with the approval of the Minister, delegate any one or more of its

functions under this Act under such conditions as it may deem

appropriate. Notice of any such delegation shall be published in the

Gazette. The Authority shall have the right to retract such delegation

at its sole discretion with immediate effect.

The Authority may, with the approval of the Minister,

appoint advisory boards and committees to assist it in the

performance of its functions under this or any other law. The

functions of the said boards and committees shall be prescribed by the

Authority with the approval of the Minister.

(1) The Authority shall, after a public call, appoint a

Chief Executive Officer. Such appointment shall be for a period of

three years which may be extended for further periods of three years

each.

(2) The Chief Executive Officer shall be responsible for the

implementation of the objectives of the Authority in the exercise of

its functions and without prejudice to the generality of the foregoing

shall -

(a)

assume full responsibility for the overall supervision

and control of the Directorates;

(b) with the approval of the Authority, assign to the

Directorates such duties which are by, or in accordance with, the

provisions of this Act vested in such Directorates;

(c)

co-ordinate the workings of the Directorates;

(d) develop the necessary strategies

for

the

implementation of the objectives of the Authority;

(e)

advise the Authority on any matter it may refer to

him or on any matter on which he considers his advice

necessary or expedient; and

(f)

carry out such other functions and duties as the

Authority may assign to him from time to time.

(3) The Chief Executive Officer shall not be a member of the

Board of the Authority. He shall however have the right to attend

meetings of the Board of the Authority to report to the said Board.

(4) The Chief Executive Officer may be dismissed by the

Authority at any time for a just cause and it shall be a just cause if the

Authority determines that he has not achieved the targets and objectives

set for him by the Authority.

(1) Subject to the provisions of the Constitution, any Appointment of

other enactment applicable thereto, and without prejudice to the other officers.

provisions of this Act, the employment and appointment of officials

and other officers of the Authority shall be made by the Authority and

the terms and conditions of their employment and appointment shall

be established by the Authority with the concurrence of the Minister.

(2) The Authority may, with the approval of the Minister given

after consultation with the Minister responsible for finance, establish

a scheme or schemes, whether by contributory or non-contributory

arrangements or a mix of both, for the payment of pensions, gratuities

and other like benefits to its officers on their retirement, death or

injury, or to their dependants.

(1) Where any member of the Authority, or an officer of

the Authority, or a consultant, advisor or other person engaged by the

Authority, has any interest in, or material to, any matter which falls to

be considered by the Authority, he shall -

(a) disclose to the Authority the nature of his interest at

the first meeting of the Authority after such interest is acquired

or in advance of any consideration of the matter, whichever is

the earlier, and in accordance with directives issued from time

to time by the Authority;

(b) neither influence nor seek to influence the

processing and the decision in relation to such matter;

(c)

take no part in any consideration of such matter; and

(d)

not attend nor participate in any meeting on such

matter.

(2) Where a question arises as to whether or not a course of

conduct, if pursued by a person, would constitute failure by him to

comply with the requirements of sub-article (1), the question shall be

determined by the Authority and the decision and its motivation shall

be recorded in the minutes of the meeting during which the decision

was taken and such person to be duly informed.

(3) Where a disclosure is made to the Authority pursuant to

sub-article (1), particulars of the disclosure shall be recorded in the

minutes of the relative meeting.

(4) Without prejudice to the provisions of sub-article (6) of

article 6, where a person to whom sub-article (1) applies fails to make

the required disclosure, the Authority shall decide the appropriate

action to be taken which may include the removal from office or

termination of the contract of the person concerned.

The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may, in

accordance with article 12, determine, such officers of the Authority

as may from time to time be necessary for the due and efficient

discharge of the functions of the Authority.

(1) The Prime Minister may, upon request by the

Authority, from time to time, direct that any public officer shall be

detailed for duty with the Authority in such capacity and under such

conditions and with effect from such date as he may prescribe.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein shall, unless the officer retires

from the public service or otherwise ceases to hold office at an earlier

date, or unless a different period is specified in such direction, end on

the happening of any of the following events

(a)

the acceptance by such officer of an offer of transfer

to the service of, and permanent employment with, the

Authority made in accordance with the provisions of article 17;

or

(b) the revocation of such direction by the Prime

Minister or Minister

Provided that in relation to a public officer detailed

for duty with the Authority with effect from such date as the

Prime Minister may in a direction as aforesaid establish, the

detailing of such public officer shall cease to have effect after one

year from the effective date of such direction, unless the direction

is revoked earlier by the Prime Minister.

(3) Where a direction as aforesaid is revoked by the Prime

Minister or Minister in relation to any officer, the Prime Minister

may, by further direction, detail such officer for duty with the

Authority in such capacity and with effect from such date as may be

specified in the Prime Minister’s direction, and the provisions of sub-

article (2) shall thereupon apply to the duration of such detailing by

any such further direction in relation to such officer.

(1) Where any public officer is detailed for duty with Status of public

the Authority under any of the provisions of article 15, such officer officers

for duty with the

shall, during the time in which such direction has effect in relation to Authority.

him, be under the administrative authority and control of the

Authority but he shall for all intents and purposes remain and be

considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he is so

detailed -

(i) be precluded from applying for a transfer to a

department of the Government in accordance with the

terms and conditions of service attached to the Government

appointment held by him at a date on which he is so

detailed; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than those which

are attached to the Government appointment held by him at

the date aforesaid or which would have become attached to

such appointment, during the said period, had such officer

not been detailed for duty with the Authority

Provided that such terms and conditions shall

not be deemed to be less favourable because they are not in

all respects identical or superior to those enjoyed by the

officer concerned at the date of such detailing, if in the

opinion of the Prime Minister, such terms and conditions,

taken as a whole, offer substantially equivalent or greater

benefits; and

(b) shall be entitled to have his service with the

Authority considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the Pensions

Ordinance and the Widows’ and Orphans’ Pensions Act and for

the purpose of any other right or privilege to which he would be

entitled, and shall be liable to any liability to which he would be

liable, but for the fact of his being detailed for duty with the

Authority

Provided that in assessing the pensionable

emoluments of such officer for the purposes of any law relating

to government service pensions, no account shall be taken of

any allowances, bonuses or gratuities paid to such officer by the

Authority in excess of what he is entitled to as a public officer.

(3) Where an application is made as provided in sub-article

(2)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and

gratuities earned by an officer detailed for duty with the Authority as

aforesaid during the period in which he is so detailed.

(1) The Authority may, with the approval of the Prime

Minister or Minister, offer to any officer detailed for duty with the

Authority under any of the provisions of article 15, permanent

employment with it at a remuneration and on terms and conditions not

less favourable than those enjoyed by such officer at the date of such

offer, in either case the officer needs to have adequate experience in

the area of operation.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned on the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister or

Minister offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered to him under the provisions of sub-article (1) shall,

for all purposes other than those of the Pensions Ordinance and of the Cap. 93.

Widows’ and Orphans’ Pensions Act, and saving the provisions of Cap. 58.

article 35, be deemed to have ceased to be in service with the

Government and to have entered into service with the Authority on

the date of his acceptance, and for the purposes of the said Ordinance

and of the said Act, so far as applicable to him, service with the

Authority shall be deemed to be service with the Government within

the meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority, was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue Cap. 58.

to be so entitled to benefit thereunder to all intents as if his service

with the Authority was service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and

gratuities earned by an officer who has accepted permanent

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

(6) For the purposes of the Pensions Ordinance, the Cap. 93.

pensionable emoluments of such public officer on retirement shall be

deemed to be the pensionable emoluments payable to an officer in

Government service in a grade and at an incremental level

corresponding to the post occupied and incremental level on the date

on which the officer retires from the Authority.

(7) (a)

For the purposes of this article, posts and salary

grades with the Authority shall be classified in the most nearly

corresponding grades and incremental levels in the service under the

Government by reference to job description, skills, responsibilities

and other analogous factors.

(b) The classification referred to in paragraph (a) shall

be carried out by a board composed of a Chairman appointed by the

Minister responsible for finance and two other members, one

appointed by the Minister responsible in general for personnel

policies in the public service and one appointed by the Authority. The

classification shall be subject to the final approval of the Minister

responsible for finance.

(c)

Such classification shall take place within three

months of any adjustment of salaries of officers in Government

service and, or of officers of the Authority.

(d) No post shall be classified in a grade higher than that

of a Grade 3 in the service of the Government or such other grade that

the Minister responsible for finance may from time to time by notice

in the Gazette determine.

(e)

Without prejudice to article 113 of the Constitution,

no person may, following a classification as aforesaid, be entitled to

rights under the Pensions Ordinance less favourable than those to

which he would have been entitled prior to such classification.

The Authority may engage such consultants or advisers, as

it may consider necessary to assist it in the fulfilment of its functions.

For the purpose of this clause, all Environmental Voluntary

Organisations shall automatically be deemed eligible as consultants and

advisers that can assist the Authority in the fulfillment of its functions.

(1) Without prejudice to the following provisions of this

article, the Authority Board shall so conduct the affairs of the

Authority that the expenditure required for the proper performance of

its functions shall, as far as practicable, be met out of its revenue.

(2) For the purposes of sub-article (1) the Authority shall levy

all fees, rates and other payments prescribed or deemed to be

prescribed by or under this Act or any other law providing for matters

falling under the powers and functions vested in the Authority by or

under this Act.

(3) The Authority shall also be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works or

activities to be continued or otherwise carried out by the Authority.

(4) Subject to such directives as the Minister may give from

time to time after consultation with the Minister responsible for

finance, any excess of revenue over expenditure shall be applied by

the Authority to the formation of reserve funds to be used for the

purposes of the Authority. Without prejudice to the generality of the

power of the Minister to give directives under this sub-article, any

directive given by the Minister as aforesaid may order the transfer to

the Government, or the application in such manner as may be

specified in the direction, of any part of the fees, rates and other

payments levied in accordance with sub-article (2).

(5) Any funds of the Authority not immediately required to

meet expenditure may be invested by the Authority in such manner as

may from time to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions Power to

under this Act, the Authority may, with the approval in writing of the borrow

capital.

Minister given after consultation with the Minister responsible for

finance, borrow, including by way of overdraft or otherwise, or raise

money in such manner, from such person, body or authority, and

under such terms and conditions as the Minister, after consultation as

aforesaid, may in writing approve.

(2) The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying out

its functions under this Act and this in accordance with the procedure

established under sub-article (1).

The Minister responsible for finance may, after Advances from

consultation with the Minister, make advances to the Authority of Government.

such sums as he may agree to be required by the Authority for

carrying out any of its functions under this Act, and may make such

advances on such terms and conditions as he may, after consultation

as aforesaid, deem appropriate. Any such advance may be made by

the Minister responsible for finance out of the Consolidated Fund,

and without further appropriation other than this Act, by warrant

under his hand authorising the Accountant General to make such

advance.

(1) The Minister responsible for finance may, for any Borrowing from

requirements of the Authority of a capital nature, contract or raise Government.

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate; and any sums due in respect

of or in connection with any such loan or liability shall be a charge on

the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the foregoing provisions of this article shall be given

to the House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in

sub-article (1), or for the purpose of providing the Authority with

working capital, the Minister responsible for finance may, by warrant

under his hand, and without further appropriation other than this Act,

authorise the Accountant General to make advances to the Authority

out of the Treasury Clearance Fund under such terms as may be

specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to

the Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the

"Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority by way of repayment of advances made to the Authority

under sub-article (3) shall be paid into the Treasury Clearance Fund

and sums received by the Accountant General by way of interest on

such advances shall be paid into the Consolidated Fund.

(1) The Authority shall cause to be prepared in every

financial year, and shall not later than four weeks before the end of

such year adopt, estimates of the income and expenditure of the

Authority for the following financial year

Provided that the estimates for the first financial year of

the Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shall

take account of any funds and other monies that may be due to be

paid to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or of an appropriation Act or of

any other law; and the Authority shall so prepare the said estimates as

to ensure that the total revenues of the Authority are at least sufficient

to meet all sums properly chargeable to its revenue account,

including, but without prejudice to the generality of that expression,

depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparisons with previous years

as the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith to the Minister and to the Minister

responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from the

Authority, approve the same with or without amendment after

consultation with the Minister responsible for finance.

(1) No expenditure shall be made or incurred by the

Authority unless provision thereof had been made in the estimates

approved as provided in article 23.

(2) Notwithstanding the provisions of sub-article (1) -

(a)

until the expiration of six months from the

beginning of a financial year, or until the approval of the

estimates for that year by the House, whichever is the earlier

date, the Authority may make or incur expenditure for carrying

on its functions under this Act not exceeding in the aggregate

one-half of the amount approved for the preceding financial

year;

(b) expenditure approved in respect of a head or

subhead of the estimates may, with the approval of the Minister

given after consultation with the Minister responsible for

finance, be made or incurred in respect of another head or

subhead of the estimates;

(c)

if in respect of any financial year it is found that the

amount approved in the estimates is not sufficient or a need has

arisen for expenditure for a purpose not provided for in the

estimates, the Authority may adopt supplementary estimates for

approval by the Minister and in any such case the provisions of

this Act applicable to the estimates shall as near as practicable

apply to the supplementary estimates;

(d) this shall not apply to certain emergency actions that

may need to be taken by the authority, if no provision for such

action is available in the budget.

The Minister shall, at the earliest opportunity and not later Publication of

than eight weeks after he has received a copy of the estimates and approved

estimates.

supplementary estimates of the Authority, or if at any time during that

period the House of Representatives is not in session, within eight

weeks from the beginning of the next following session, cause such

estimates to be laid on the Table of the House of Representatives,

together with a motion that the House approve the said estimates. One

sitting day shall be allotted for the debate in the House on such

motion; and both the motion and the approval of the estimates by the

House may be with or without amendment to the estimates.

(1) The Authority shall cause to be kept proper accounts Accounts and

and other records in respect of its operations, and shall cause to be audit.

prepared a statement of accounts in respect of each financial year.

(2) The accounts of the Authority shall be audited by an

auditor or auditors to be appointed by the Authority and approved by

the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts of

the Authority to be audited or examined by the Auditor General who

shall for the purpose have the power to carry out such physical

checking and other verifications as he may deem necessary.

(3) The Authority shall, in accordance with regulations

published by the Minister, cause a copy of the statement of accounts

duly audited to be transmitted to the Minister and to the Minister

responsible for finance together with a copy of any report made by

the auditors on that statement or on the accounts of the Authority.

(4) The Minister shall cause a copy of every such statement

and report to be laid before the House as soon as practicable.

(1) All monies accruing to the Authority shall be paid

into a bank or banks appointed as bankers of the Authority by a

resolution of the Authority. Such monies shall, as far as practicable,

be paid into any such bank from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority, shall

be made by such officer or officers of the Authority as the Authority

shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account

of the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose and

shall be countersigned by the Chairperson or such other member or

officer of the Authority as may be authorised by the Authority for that

purpose.

(4) The Authority shall also make provision with respect to -

(a) the manner in which, and the officer or officers by

whom, payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid, and the

transfer of funds from one account to the other;

(c)

the method to be adopted in making payments out of

funds of the Authority, and generally with respect to any matter

which is relevant to the proper keeping and control of the

accounts and books, and the control of the finance, of the

Authority.

The Authority shall not award or enter into any contract for Contracts of

the supply of goods or materials or for the execution of works, or for supply or works.

the rendering of services, to or for the benefit of the Authority, except

in accordance with regulations in force regulating the procurement of

all goods and services in the public sector.

The Authority shall, in accordance with regulations made Annual Report.

by the Minister, make and transmit to the Minister and to the Minister

responsible for finance a report dealing generally with the activities

of the Authority during that financial year and containing such

information relating to the proceedings and policy of the Authority as

either of the said Ministers may from time to time require. The

Minister shall cause a copy of every such report to be laid on the

Table of the House as part of the estimates prepared in accordance with

the provisions of article 25.

The Authority shall be exempt from any liability for the Exemption from

payment of any tax on income or duty on documents for the time tax.

being in force in Malta.

2. Committees, Boards and Funds

The Minister shall refer the following to the Standing Standing

Committee on

Committee on the Environment and Development Planning

the Environment

and

Development

(a) any plan referred to the House of Representatives in

Planning.

terms of this Act; the Standing Committee on the Environment

and Development Planning shall also recommend to the House

whether the plan should be approved, with or without

amendments, or rejected;

(b) the National Strategy for the Environment and the

State of the Environment Report;

(c)

any other report, plan or policy as the Minister may

deem necessary

Provided that where the said Standing Committee

fails to report to the House within the stipulated period in the

Development Planning Act, the Minister for the Environment

shall make a formal request to the House to discuss the strategy,

plan or policy.

(1) The Authority shall set up a fund, hereinafter The

Environment

referred to as the Environment Fund.

Fund and other

funds.

(2) The Environment Fund shall be administered by the

Authority.

(3) The Environment Fund shall be used to finance projects,

programs and schemes related to, and costs intended to achieve and

manage, the aims and objectives of this Act, studies, as well as works

which may be needed for that purpose or to remedy any harm caused

to the environment, as the Minister in consultation with the Authority

may prescribe

Provided that, without prejudice to the aforesaid, the

Environment Fund shall not be used to finance other costs of the

Authority

Provided further that the Authority may charge the

Environment Fund for any services rendered by it to the Environment

Fund.

(4) There shall be paid into the Environment Fund

(a)

any sums appropriated by Parliament for the

purpose;

(b) any donations or grants made to the Environment

Fund by individuals or institutions;

(c)

sums received by the Authority for the purpose of

being placed in the Environment Fund;

(d) such other sums or monies as may from time to time

be provided by or under this or any other law or regulations

Provided that the Authority shall implement all relevant

safeguards to ensure that the implementation of this sub-article does

not result in any actual or perceived conflict of interests in the

performance of its regulatory functions, and does not otherwise

tarnish its reputation or public trust. Such safeguards shall include,

inter alia and as deemed most relevant

(a)

appropriate functional and operational separation;

(b)

internal administrative firewalling; and

(c)

rejection of donations or grants offered to it,

financially or in kind, which may introduce a likely or

foreseeable conflict of interests.

(5) The Environment Fund shall keep a proper account of its

revenue and expenditure and the Authority shall, without prejudice to

the powers of the Auditor General and of the Minister responsible for

finance under any law, each year cause the accounts of the

Environment Fund to be audited by suitably qualified public auditors

and accountants appointed by it with the concurrence of the Minister.

(6) The Environment Fund shall every financial year deliver to

the Minister, through the Authority, 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 within a month of the receipt

of the same from the Authority.

(7) The revenue of the Environment Fund shall not be subject

to tax under the Income Tax Act and the Environment Fund shall not Cap. 123.

be liable to tax under the Duty on Documents and Transfers Act.

(8) The Minister after consulting the Authority may make

regulations prescribing the procedure to be followed by the Authority

and otherwise regulating the Environment Fund.

(9) The Authority may set up other funds and prescribe what

shall be paid into such funds and how the said funds shall be

administered and used. The provisions of sub-articles (4), (5), (6), (7)

and (8) shall apply mutatis mutandis to such other funds.

(1) There shall be a Registration Board whose function The Registration

shall be to evaluate applications for registration in the Register of Board.

Consultants eligible to carry out environmental assessments, audits,

monitoring and studies as required by the Authority.

(2) The Board shall be composed of a minimum of three

members and a maximum of five members, appointed by the Minister

one of whom shall be appointed to chair the board.

(3) The members of the Board shall be independent members

who are not involved in any way in the preparation of environmental

or other assessments falling within the jurisdiction of the Board.

(4) The Board shall seek the opinion of the Authority, which

shall make appropriate reference to applicable standards and

regulations regarding the quality of assessments audits, monitoring,

studies and associated environmental information required by the

Authority to fulfil its function, following which it will assess

applications for such registrations and approve those that meet the

requirements for registration. The Board shall give reasons for its

decisions.

(5) The decision of the Board to grant or to refuse an

application for registration in the Register kept by the Authority shall

be notified in writing to the applicant without delay.

(6) The Board may direct the Authority to update the Register

at such regular intervals as it may deem fit by the inclusion of other

disciplines in the Register, which disciplines might have in the

meantime evolved.

(7) The decisions of the Board shall be final. An appeal shall

lie to the Tribunal only on the grounds that the Board has, in its

decision, wrongly applied the provisions of this Act or any

regulations issued thereunder, or the decision of the Board constitutes

an abuse of discretion or is manifestly unfair, and without prejudice to

the aforesaid, the discretion of the Board may not, so long as it has

been exercised properly, be queried by the Tribunal. An appeal from a

partial decision of the Board may only be filed together with an

appeal from the final decision of the Board.

(8) The decision of the Board shall be binding if it is supported

by the opinion of a majority of its members, and the dissenting

member or members, if any, may express his opinion separately; and

all decisions of the Board shall be delivered in public and shall be

published as soon as practicable after the sitting at which they are

given.

(9) The Minister may, after consultation with the Board, make

regulations to give better effect to the provisions of this article and,

without prejudice to the generality of the foregoing, he may

(a) establish criteria that applicants are expected to meet

in order to qualify for registration;

(b)

establish the procedure to be followed by the Board;

(c)

prescribe a tariff of fees for registration with the

Board.

(1) The Registration Board may, out of its own motion,

or at the request of the Authority, cancel any certificate granted under

the provisions of article 33 or refuse any application for a renewal of

the registration, when the holder of that certificate

(a) is found guilty by a court of criminal jurisdiction of

a crime committed through fraud, corruption, false declaration,

imprudence, carelessness, unskillfulness in an art or profession,

or non-observance of regulations; or

(b) is found guilty by a court of criminal jurisdiction of

any offence under the provisions of this Act or of any

regulations made thereunder; or

(c)

has, in the opinion of the Authority and the Board,

submitted sub-standard or deliberately misleading work in an

environmental assessment or other studies; or

(d) has participated in the preparation of an

environmental assessment in a consultant role when he was not

registered in the Register; or

(e)

was the recipient of a certificate issued under the

provisions of article 33 based on information which is false or

misleading; or

(f)

fails to pay the yearly renewal fee.

(2) Notwithstanding the provisions of sub-article (1), the

Board may opt for a suspension, rather than cancellation of the

certificate, in the circumstances specified in sub-article (1)(d) and (f).

(3) Notwithstanding the provisions of sub-article (1), if a

person participates in a consultant role in the preparation of an

environmental assessment without being registered in the Register, he

shall subsequently be barred from registering or participating in any

assessments in Malta for a period to be decided by the Board which

period shall in no case be less than three years.

3. Common Provisions

(1) For the purposes of the Criminal Code and of any Members of the

provision of a penal nature in any other law, the members of the Authority,

to be deemed

Authority and of any committee, board, or other body or office public

for certain

established by this Act, and every officer thereof, shall be deemed to purposes.

be and be treated as a public officer.

(2) The members and officers of the Authority in the

performance of their functions under this Act or under any other law

administered by the Authority, shall not be liable for any loss or

damage suffered by any person by reason of anything done or omitted

to be done in good faith in the course of the administration of this Act

or of any other law.

The Authority, or any committee or Board, may consult Consultations.

with any officer of the Authority or any other person or entity whose

advice is considered relevant to any matter under its consideration.

Such consultations shall be duly recorded.

(1) Every member of the Authority Board, the Chief Declaration of

Executive Officer and each Director of the Authority or any other assets,

conduct and

member of the Authority as prescribed by the Minister, shall submit a publication

names.

declaration of assets in accordance with the procedures established for

this purpose by the Minister.

(2) The Minister shall, in consultation with the Authority,

issue, publish and review a code about the conduct expected of the

members of the Authority and any other committee, board or other

body established by this Act, and of officers of the Authority, in

connection with the performance of the Authority’s functions.

(3) The provisions of the code of conduct shall be taken into

account in deciding whether any such member or officer is unfit to

perform the duties assigned to him under this Act or whether his term

of office is to be renewed.

(4) The names of all the members of the Authority, and of any

committee, board or other body established by this Act, and any other

change in such membership shall be published in the Gazette.

PART IV

Transfer of Officers and Assets to the Authority

(1) The officers, property and undertakings owned by

the Malta Environment and Planning Authority and which are to be

transferred to or vested in the Authority shall be transferred to and

vested in the Authority in accordance with regulations prescribed by

the Minister.

(2) The transfer and vesting in the Authority as aforesaid shall

extend to the whole of such property and undertakings and, without

prejudice to the generality of the aforesaid, shall include all plant,

equipment, apparatus, instruments, vehicles, buildings, structures,

installations, land, works, stocks and other property, movable and

immovable assets, powers, rights and privileges and all things

necessary or ancillary thereto which are held or enjoyed in connection

therewith or appertaining thereto, as well as all obligations affecting

or relating to any of the aforesaid property or undertakings or other

thing included therein as aforesaid.

Subject to other provisions of this Act, all laws, rules,

regulations, orders, judgments, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Part of this Act affecting or relating to any of the

properties or undertakings transferred to the Authority by or under

this Act and in which the Government or a government authority is a

party thereto or is named therein shall have full force and effect

against or in favour of the Authority, and shall be enforceable freely

and effectively, in such manner as if instead of the Government or

governmental authority the Authority has been named therein or had

been a party thereto in substitution of the Government or

governmental authority in question.

(1) Anything relating to any of the properties or Transitory

undertakings or any right or liability transferred to the Authority by or provisions.

under this Act which has been commenced by or under the authority

of the Government or the Malta Environment and Planning Authority

before the date of the coming into force of this Part of this Act may

continue to be carried on and completed by or as authorised by the

Authority on or after such date.

(2) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Authority by this Act and securing and giving full

effect to the transfer of any property or undertaking or any right or

liability to the Authority by this Act and make such orders as may be

necessary to make any powers and duties exercisable by the

Government or the Malta Environment and Planning Authority in

relation to any of the transferred property or undertakings exercisable

by or on behalf of the Authority.

PART V

Environment Protection

1. Plans and Policies

Without prejudice to the provisions of this Act, the Plans, policies

protection and effective management of the environment shall be and regulations.

regulated by plans, policies and regulations, which are prepared and

amended from time to time in accordance with the provisions of this

Act.

(1) The Authority shall, either out of its own motion but Request by the

after consultation with the Minister, or if so requested by the Minister, Minister

Authority to

make a plan or a policy on any matter relating to the environment.

prepare a plan

or policy.

(2) The Authority may also, either out of its own motion but

after consultation with the Minister, or if so requested by the Minister,

review a plan or a policy which is already in force.

(3) The Minister shall, upon making such a request in writing,

send to the Authority the reasons for making such a request together

with a statement of goals and objectives to be attained by the plan or

policy or a revision of such plan or policy.

(4) The preparation and review of the National Strategy for the

Environment shall be regulated by the provisions of articles 45 to 47

whereas the preparation or review of any other plan or policy shall be

regulated by the provisions of article 51

Provided that the Minister may, without prejudice to the

provisions of articles 45 to 47 and article 51, set out any additional

procedure that the Authority ought to follow, including the carrying

out of assessments, and may also carry out any assessments and, or

consultations, including public consultations, he may deem necessary.

(5) If the Authority, upon a request by the Minister in terms of

sub-article (1), informs the Minister, within thirty days of receipt of

such a request, that it is unable, for whatever reason, to prepare such a

plan or policy, the Minister shall instruct the Authority to delegate

such function in terms of article 9 with regard to that particular plan

or policy and in so doing it shall ensure that the provisions of this Part

are complied with.

(1) Where the Authority is unable to prepare a plan or

policy or fails to delegate such function as is envisaged in article

42(5), the Minister shall request any person, including any

government entity other than the Authority, to prepare on his behalf a

plan or policy or a revision of such a plan or such policy.

(2) The Minister shall consult the Authority on the terms of

reference which are to form the basis of the preparation of a plan or a

policy or a revision of such plan or policy by the said person. The

Minister shall then furnish the said person with the relative terms of

reference and shall also indicate to the said person the documentation

which shall be presented to the Minister when the plan, policy or a

revision of such plan or policy is drawn up. On receipt of such

documentation, the Minister shall forward a copy of such

documentation to the Authority.

(3) The Minister shall also request the said person to comply

with the provisions of article 51. For the purposes of the said

paragraphs, the expression "the Authority" shall be construed as a

reference to the said person and such person shall revise, if necessary,

the plan, policy or a revision thereof after taking into consideration

the representations he may have received.

(4) If the Authority agrees with such a plan, policy or revision

thereof, it shall adopt it for submission to the Minister for his

approval; and the provisions of article 51 shall, mutatis mutandis,

apply.

(5) If the Authority does not agree with the said plan, policy or

revision of such plan or such policy, it shall draw up a position

statement indicating the changes to be made to the said plan, policy or

revision thereof and shall refer both the said plan, policy or revision

of such plan or such policy and its position statement to the Minister;

and the provisions of article 51 shall mutatis mutandis apply.

(6) The plan, policy or the revision of such plan or policy shall

only be prepared by or under the direction of an expert in the

environment having such qualifications as the Minister may prescribe

in consultation with the Authority.

Without prejudice to his powers under the provisions of Strategic

this Act, the Minister may direct that the Authority or any Environment

Assessment and

department, entity, corporation or authority established by law to other

assessments.

subject any plan, policy or strategy adopted or planned to be adopted

by it to a Strategic Environment Assessment or any other assessment,

and may by regulations prescribe and regulate the procedures and

methods to be adopted in such assessments.

2. The National Strategy for the Environment

(1) The Authority shall prepare the National Strategy for The National

the Environment. In preparing such document the Authority shall Environment

Strategy and its

consult with all the entities set up under this Act and those other preparation

review.

entities, whether public or otherwise including ministries, as the

Authority may deem proper.

(2) The Minister shall review the said strategy as often as may

be necessary, and in any case not less than once every four years

Provided that if the Authority is unable, for whatever reason,

to prepare the National Strategy or its review, shall inform the Minister

as soon as practicable and the Minister shall instruct the Authority to

delegate such function in terms of article 9 in so doing it shall ensure

that the provisions of this Part are complied with.

Provided further that the first Strategy Document shall be

drawn up within twenty four months from the coming into force of

this Act.

(3) The National Strategy for the Environment is a strategic

governance document which sets the policy framework for the

preparation of plans, policies and programs issued under this Act or

under any other Act for the protection and sustainable management of

the environment, including land and sea resources.

(4) In preparing or reviewing the National Strategy for the

Environment, the Minister shall have regard to

(a) the environmental policies and the State of the

Environment Report;

(b)

the current economic and financial policies;

(c)

the current social policies;

(d)

the policies of the Government;

(e)

the environmental issues and concerns of material

relevance to the strategy;

(f)

the resources likely to be available in all relevant

government entities for the implementation of the strategy; and

(g) the European Union Environment Acquis and other

international environmental convention obligations to which

Malta is a party.

(5) During the preparation or review of the National Strategy

for the Environment the Minister shall make known to the public the

matters intended for consideration and shall provide adequate

opportunities for individuals and organisations to make

representations.

(1) When the National Strategy for the Environment or

a review thereof has been completed, the Minister shall publish the

strategy together with a statement of the representations received and

the responses made to those representations.

(2) Representations on the strategy are to be submitted to it

within a specified period of not less than six weeks.

(1) At the conclusion of the procedures set out in the

foregoing provisions, the National Strategy for the Environment shall

be considered by the Cabinet of Ministers together with the Minister’s

position statement and the representations made with respect to the

strategy or its review.

(2) The Minister shall then cause the National Strategy for the

Environment, or a review thereof as originally prepared, or as revised,

together with the Minister’s position statement, to be laid before the

House together with a motion for a resolution that the National

Strategy for the Environment be approved by the House, with such

amendments, if any, as may be specified in the resolution.

(3) The National Strategy for the Environment, and any review

thereof as approved by the House shall have effect as from such date

as may be specified for that purpose by the Minister by order in the

Gazette; and for the purposes of this Act, other than those provisions

relative to the preparation, consideration and presentation of the

National Strategy for the Environment or its review, the expression

"National Strategy for the Environment" and any reference to a

review thereof means the National Strategy for the Environment, and

any review thereof, as approved by the House of Representatives.

3. Subsidiary Plans and Policies

(1) A subsidiary plan is a plan that deals with a specific Subsidiary

environmental policy or matter setting out detailed specifications for plans.

its implementation.

(2) A subsidiary plan shall consist of a written statement

supported by such documents, maps and diagrams as may be

considered necessary.

(3) Except as otherwise stated in the plan, a subsidiary plan

shall apply to all relevant areas of the environment and of the

National Strategy for the Environment, whether or not such areas are

also covered by another plan or policy.

(1) A subsidiary plan is made by the Authority for any Effect of

matter or subject or any area that falls under the remit of the subsidiary

plans.

Authority and where the Authority considers that it has to pay

particular attention in order to better manage it or where special

factors have to be taken into account which otherwise cannot be

taken.

(2) Such a plan may include details on the implementation

tools and measures that are required to reach the objectives of the

plan, and may also include provisions intended for the enforcement of

such tools, in which case, such provisions shall be construed as

enforceable in the same manner as any provision of any regulation

issued under the Act.

(1) Where the Authority considers that for the proper Other policies

and effective management and protection of the environment or for or plans.

the proper protection of land and sea it is necessary to prepare more

detailed policies, plans or guidance other than those already contained

in a plan or policy, the Authority may prepare and adopt such

policies, plans or guidance as it considers appropriate subject to the

provisions of this article.

(2) Such policies or plans shall be in a form which the

Authority considers appropriate to the subject matter, and may be

supported by such documents, environmental or other assessments,

maps, diagrams, drawings and illustrations as may be considered

necessary by the Authority.

(3) When the Authority adopts a policy or plan (be it a new

policy or plan or a revision of an existing policy or plan), it shall refer

it to the Minister for his approval and the procedure mentioned in

article 51 shall mutatis mutandis apply.

In the preparation or review of a subsidiary plan or policy,

the following procedure shall be followed

Where the Authority prepares a subsidiary plan or policy

or review thereof as aforesaid, it shall seek the Minister’s approval in

terms of the following procedure

(a)

during the preparation or review of a subsidiary plan

or policy, the Authority shall make known to the public the

matters it intends to take into consideration and shall provide

adequate opportunities for individuals and organisations to

make representations to the Authority;

(b) when the subsidiary plan or policy or a revision

thereof has been prepared, the Authority shall publish the plan

or policy together with a statement of the representations it has

received and the responses it has made to those representations.

The Authority shall invite representations on the plan or policy

to be submitted to it within a specified period of not less than

six weeks;

(c)

the Authority shall adopt the subsidiary plan or

policy after taking into consideration all the representations

submitted to it as aforesaid;

(d) the Authority shall refer the subsidiary plan or

policy to the Minister. It shall also forward to the Minister

(i)

the statement of representations;

(ii) the responses and amendments it has made as a

result of those representations;

(iii) a precise indication of all other amendments it

has made to the plan or policy; and

(iv) all the documentation and studies relative to the

preparation of the subsidiary plan;

(e)

the Authority shall also publish the plan or policy

and invite representations on the matters indicated in paragraph

(d)(iii) to be submitted within a specified period of not less than

six weeks;

(f)

the Authority shall adopt the subsidiary plan or

policy after taking into consideration all the representations

submitted to it as aforesaid and shall refer the subsidiary plan or

policy to the Minister for his approval. It shall also forward to

the Minister

(i)

the statement of representations; and

(ii) the responses and amendments it has made as a

result of those representations;

(g) where the Minister agrees with the subsidiary plan

he shall approve it as submitted by the Authority and the

Authority shall upon such approval publish the same together

with the statements, responses, documentation and studies

referred to in paragraphs (d) and (f);

(h) where the Minister does not agree with the

subsidiary plan as adopted by the Authority in accordance with

paragraph (f), he shall prepare a position statement stating his

proposed changes or his reactions to the Authority’s subsidiary

plan and shall refer back the subsidiary plan to the Authority

together with his position statement;

(i)

where the Authority does not agree with the

Minister following the referral back to it of the subsidiary plan

by the Minister, it shall draw up a position statement and shall

refer it back to the Minister;

(j)

the Minister shall then issue a final position

statement. He shall forthwith communicate it to the Authority;

(k) the Authority shall forthwith amend the subsidiary

plan in accordance with the Minister’s final position statement

and submit the same for the Minister’s final approval;

(l)

upon such approval by the Minister, the Authority

shall publish the subsidiary plan together with its own position

statements and those of the Minister and together with the

statements, responses, documentation and studies referred to in

the preceding paragraphs;

(m) where the subsidiary plan or any part thereof

extends the scope of or is in conflict with the National Strategy

for the Environment, the Minister shall comply with the

provisions of articles 45 to 47 with regard to such subsidiary

plan or any part thereof, provided that those parts of the

subsidiary plan that do not extend the scope of or are not in

conflict with the National Strategy for the Environment shall

come into force on the date of approval by the Minister.

(1) Every subsidiary plan or policy shall be reviewed as

frequently as may be necessary or as may be made necessary by a

review of the National Strategy for the Environment.

(2) Where as a result of such a review the Authority proposes

to alter a plan or policy in any significant respect, or where it is

proposed that a plan or policy be withdrawn, any such proposal shall

be subject to the same procedures and shall be treated as a new plan

or policy.

4. Regulations and Orders

Without prejudice to the provisions of article 6 of the

Interpretation Act, any power conferred by this Act to make

regulations, rules, orders, lists, schedules and any other instrument of

like nature, includes the power from time to time to revoke, replace,

amend, alter or add to any such instrument as aforesaid.

(1) The Minister may, acting in accordance with the

provisions of article 55, make regulations for the better carrying out

of the provisions of this Act and may in particular by such regulations

appoint the Authority or any person or body to be the designated

authority for the purposes of any international obligation to which

Malta may be a party.

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

sub-article (1) such regulations may, in particular

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

the Authority 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) provide for the procedure to be followed by the

Authority, the applicant and any other relevant parties before

and after the submission of an application for authorisation

under this Act, or otherwise involving any assessment under this

Act; as well as the procedures for, inter alia, advertising,

communication, vetting and screening of, and consultations,

representations and decision-making on, the said application or

assessment, and the general conditions under which the

Authority may in relation to any activity which may require an

authorisation or assessment under this Act require the giving of

financial or other guarantees or the provision of assurance to

(i) prevent, deter, mitigate or remedy any damage

to the environment or deterioration of environmental

quality;

(ii) make good for any damage that may be caused

to the environment; and

(iii) secure adherence to any commitments made

toward environmental improvement or environmental

benefits;

(c) provide for any aspect relating to the conditions that

may be imposed in relation to any authorisation under this Act

or otherwise involving any assessment under this Act including

where applicable any grant, renewal, transfer, suspension,

cancellation and duration, the manner in which submissions and

applications are to be made, the content and form of such

applications and submissions and how they may be granted,

rejected, renewed or transferred, the fees payable, and the

manner in which renewals or transfers thereof are to be

indicated;

(d) prescribe what type of information held by the

Authority or otherwise falling within the scope of this Act shall

be accessible to the public as well as to establish the procedure

concerning access thereto and the relative fees to be paid to

obtain copies of such information;

(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 from time to

time be a party or subject and to set up structures and make

other provisions for the implementation thereof;

(f)

establish, co-ordinate and enforce environment

quality control systems and make provisions for the carrying out

of assessments of environmental impacts and risks of both new

and existing establishments as well as to provide for the

effective prevention and remedying of environmental damage;

(g) provide for the collection, processing, comparison,

management and interpretation of data related to the

environment and to provide that such persons carrying out such

activities that may affect the environment as may be prescribed

give such information and data to the Authority in a regular or

other basis as may be prescribed in order to enable the Authority

to monitor and safeguard the quality of the environment;

(h) prescribe the techniques or the parameters in the

monitoring of the environment;

(i)

prescribe, in collaboration with the Civil Protection

Department, or any other relevant public entity, the

circumstances in which an environmental emergency may be

declared, and the effect that such a declaration may have on any

activity requiring an authorisation under this Act;

(j)

set objectives, issue directives and establish codes of

practice, all in relation to the environment, to the reduction,

reuse, recovery, treatment, storage and disposal of materials as

may be prescribed, to all human activity which affects the

environment, and such regulations may in particular

(i) formulate objectives laying down in quantitative

and qualitative terms, the goals to be achieved in the effort

to control the environment;

(ii) give directives with regard to such uses of the

environment as may be prescribed;

(iii) establish the maximum quantities or

concentrations of discharge or emission, or use of such

substances as may be prescribed during works,

undertakings or activities of any nature and ensure the

enforcement and monitoring of these standards; and

(iv) establish codes of practice determining

procedures, methods, limits of discharge and emission of

substances applicable to works and activities as may be

prescribed both with regard to the time when such works

and activities are taking place as well as with regard to the

time when the works and activities have been completed;

(k) in relation to pollution prevention, control and

environmental quality

(i) establish systems which ensure such prevention

and control;

(ii) prescribe measures to control, prevent, manage,

reduce or remedy pollution and degradation of the

environment;

(iii) control the keeping, management, trading in or

use of substances and other activities which may cause or

facilitate pollution and degradation of the environment;

(iv) set standards including maximum permitted

levels in quantitative or qualitative terms, of discharge and

emissions into the environment of materials, substances

and disturbances and with regard to the use of any

technology, equipment, matter, substance, method or

procedure in relation thereto;

(v) establish methodologies to be used in the

monitoring of discharges and emissions into the

environment and to regulate the use of information

gathered during such monitoring;

(vi) prevent, control, reduce, mitigate, remedy or

otherwise manage situations which may lead to

environmental emergencies and to prevent, control, reduce,

mitigate, remedy or otherwise manage any adverse effects

on the environment resulting therefrom;

(l)

in relation to waste management

(i) classify waste and prescribing rules in relation

thereto in accordance with the type and category thereof;

(ii) regulate

the

management,

recycling

and

disposal;

(iii) establish quotas, in quantitative and qualitative

terms, of permitted generation of waste, as well as

otherwise provide for the prevention and reduction of

waste;

(iv) provide for the registration, control and, or,

licensing of waste management operations;

(m) in relation to the protection of biodiversity and other

natural features

(i) provide for the monitoring, assessment,

management, conservation and protection thereof;

(ii) declare any species, ecosystem or feature to be

protected and establish rules for its control, protection,

management, reintroduction and or its return into the

natural environment;

(iii) declare any species to be an invasive species

and establish rules for its assessment, monitoring, control

and, or, eradication, and other prevention and management

mechanisms to control the introduction and spread of such

species;

(iv) regulate the taking, exploitation and other use of

specimens of fauna, flora and, or natural features; and in

particular prohibit and, or, control possession, collection,

exhibition, transport, trade, propagation or captive breeding

of such specimens as may be prescribed;

(v) provide for the conservation, protection and

management of protected sites and particular habitats or

categories thereof and other natural features in order to

safeguard biological diversity;

(vi) declare any areas or sites on land or in the

internal or territorial waters, or beyond such waters where

Malta may have jurisdiction for the purpose of the

protection and control of the environment, to be protected

areas and to provide for their protection and to regulate

their management;

(vii) control and regulate any activity that may

interfere with the conservation status of biological

diversity;

(viii) regulate trade in and the transit, import or

export of specimens of flora, fauna and other natural

features as may be prescribed;

(ix) declare prohibited means of capture,

exploitation and killing of species or specimens and

provide rules for their monitoring and control;

(x) regulate access to genetic resources and their

benefit-sharing;

(xi) provide measures for the conservation,

protection, management and regulation of geological,

geomorphological, hydrological, edaphic and other features

and areas containing them;

(xii) provide

measures

for

the

protection,

management and conservation of landscapes, landscape

features and landscape diversity;

(xiii) provide measures for the prevention,

management and control of desertification, land

degradation and damage to or deterioration of natural

features;

(n) control, manage and regulate the transport,

introduction of, use (including contained use), release or placing

on the market or in the environment of genetically modified

organisms;

(o) in relation to environmental assessments, audits and

monitoring

(i) provide for the carrying out of environmental

assessments, screenings, audits and monitoring, for the

review

of

ancillary

submissions,

reports

and

documentation, and for the screening and evaluation of any

activities or development that may affect the environment;

(ii) regulate the procedures to be followed, and

require any person to undertake or commission and to

submit to the Authority any studies, technical

investigations, assessments, audits, monitoring, reports or

documentation as may be deemed appropriate; and

(iii) provide for the formulation of plans and

measures to prevent, deter, reduce, mitigate, offset or

remedy any adverse environmental effects and risks;

(p) in relation to the Authority’s functions, including

monitoring, compliance and enforcement

(i) after consultation with the Authority, make

regulations to give better effect to the provisions of article

75(1)(a);

(ii) authorise and regulate clamping, towing,

removal, impounding, confiscation, seizure and storage by

the Authority of any object used for or in connection with

anything contrary to the provisions of this Act or any

regulation made thereunder;

(iii) exclude the Authority from any liability, other

than liability for gross negligence, incurred in connection

with the execution of its duties under the said regulations;

(iv) provide for the disposal of objects without

liability, when the said objects are not claimed by their

owners within such time as may be prescribed;

(v) establish fees payable to the Authority for the

removal of clamps, for towing, for the storage of objects

and for the auction or other form of disposal of such

objects;

(vi) establish the circumstances where objects can

be confiscated and establish the relative procedure for their

confiscation and disposal;

(vii) order remediation of site or situation to original

state;

(viii) establish offences and the relative punishments

in relation to matters referred to in sub-paragraphs (i) to

(vii), which punishments shall not exceed a maximum fine

(multa) of two hundred and fifty thousand euro (€250,000)

Provided that article 21 of the Criminal Code

and the provisions of the Probation Act shall not apply to

any offence established under this sub-paragraph;

(q) amend, substitute, add to or otherwise alter

anything contained in the Schedule;

(r) provide for any other purpose for which

regulations are authorized or required to be made otherwise

than by the Authority;

(s) prescribe the form of any notice, order or other

document authorised or required by this Act to be made,

submitted, served or given;

(t) regulate how any notice or communication to or

from the Authority which in terms of this Act shall be in

writing may be made or submitted in electronic form;

(u) provide that any person who acts in

contravention of any regulation under this Act shall be

guilty of an offence against this article, and establishing

such penalty, being a penalty not greater than a fine (multa)

of two hundred and fifty thousand euro (€250,000) or to

imprisonment for a term not exceeding two years, or both

such fine and imprisonment, to which any person so guilty

may be liable

Provided that such regulations may provide that

a person, who having been sentenced for an offence against

the same regulation by a judgement which has become

absolute, commits a further offence in contravention of the

same regulation within such time as may be prescribed,

shall be liable to pay a higher fine (multa), not exceeding

double the fine (multa) which would otherwise have been

inflicted, and for the purpose of this proviso the maximum

fine that may be established by such regulations shall be

five hundred thousand euro (€500,000)

Provided further that such fine shall in all cases

be due to the Authority as a civil debt, and that where the

person guilty of the offence is a director, secretary or

manager of a body corporate for the economic benefit of

whom the offence was committed, such body corporate

shall be liable in solidum with the offender for the payment

of the said civil debt;

(v) introduce measures relative to the liability to be

incurred by any individual who shall, in any manner be

deemed responsible for any action that may cause

environmental damage. Such regulations may also include

measures relating to the prevention and remedying of such

environmental damage;

(w) provide for the making of any deposit or the

giving of any guarantee to ensure the performance of any

obligation by any person as imposed as a condition of any

permit, authorisation or licence under this Act;

(x) prescribe the practices to be adopted in regard to

safety, and the protection of the environment in relation to

any matter regulated by this Act, including any norms in

relation to the liability of any person who causes damage to

the environment as a result of any activities regulated by or

under this Act undertaken by that person;

(y) make provisions regarding a contingency plan

in the event of any crisis relating to any matter regulated by

this Act;

(z) provide for administrative infringements and

fines, including out of court settlement arrangements;

(aa) provide for economic instruments and schemes

to promote positive environmental behaviour;

(bb) make provisions regarding cooperation with

other authorities and the relationship between the Authority

and other public authorities including consultations,

provision of information and any other matter of mutual

interest;

(cc) provide for prescribing anything which may be

or is required to be prescribed by this Act.

(3) Notwithstanding the other provisions of this Act or of any

other law, the Authority reserves the right to publish certain

Schedules annexed to regulations made under this Act in the Maltese

language only, the English language only or both.

(1) Regulations under this Act shall be made by the

Minister after consultation with the Authority and, except for

regulations under article 54(2)(a), (b) and (u) and in the cases referred

to in sub-article (2) hereof, shall not be made unless a draft of the said

regulations has been issued for public consultation thereby allowing

any person a period of at least four weeks to make representations to

the Minister or to the Authority or to both stating how in his opinion

the proposed regulations could be improved to reach their ultimate

aim.

(2) The provisions of sub-article (1) with regard to the

publication of a draft of the regulations for public consultation shall

not apply in respect to any regulations, which the Minister declares to

be urgent, or when a form of public consultation was carried out

before the date of coming into force of this Act.

(3) Any person may, in the circumstances referred to in sub-

article (1) in respect of draft regulations, not later than one month

after the promulgation of any regulations made in accordance with

sub-article (2) make submissions to the Minister and, or to the

Authority stating why and how the regulations should be revoked or

amended.

(4) The Authority shall consider any representations made to it

under sub-articles (1) and (3) and shall report thereon, after hearing

such persons or taking such expert advice as it considers expedient, to

the Minister together with any other views it may have on the draft

published under sub-article (1) or the regulations made under sub-

article (2), and the Minister may, upon receipt of the report by the

Authority and any representations received by him, proceed to revise

the draft regulations and to promulgate such regulations in

accordance with such revision, or to amend any regulations already

promulgated; provided that where the Authority has not after the

lapse of four weeks after the end of the period for representation

referred to in sub-article (1) has elapsed, not made the report or has

not given its views to the Minister, the Minister may proceed to

promulgate the regulations contained in the draft with or without

changes as he may deem expedient, without prejudice to the

possibility of making any changes upon the receipt of such report and

views when made.

(5) When the Minister makes regulations concerning the

procedure before the Authority or any board or other body established

under this Act, he shall also consult the Authority or such board or

body

Provided that regulations concerning the procedure before

the Court of Appeal and appeals before it under this Act shall be

made by the Minister responsible for Justice in concurrence with the

Minister

Provided further that regulations concerning the

establishment or variation of any fee shall be made by the Minister

with the concurrence of the Minister responsible for finance.

(1) Without prejudice to any other provisions of this Orders.

Act, the Authority may make orders regulating activities which may

otherwise require the submission of an application prior to their

carrying out, including any notification thereof, or any aspect thereof,

in such circumstances and under such conditions as may be specified

in the order, being activities within the scope of, and not in conflict

with any plan or policy approved under this Act.

(2) An order shall be published in the Gazette and shall have

effect from the date specified or indicated therein. The activity or any

aspect thereof regulated by such an order shall be called "exempt

activity" and an order regulating activity shall be called "activity

order".

(3) The order may enable the Authority to prohibit the

commencement of an activity, or require the discontinuance of an

activity that has been carried out in breach of the provisions of this

Act and in contravention of any order or provision aforesaid, and for

applying any of the provisions of this Act with respect to

enforcement, subject to such adaptations and modifications as may be

specified in the order, or otherwise provide for the enforcement of the

order and of any notices issued thereunder.

(4) The Authority shall periodically review the orders.

(5) An order may regulate

(a)

an activity described as permitted in an order which

does not require that written notification of such activity be

given to the Authority;

(b) an activity described as permitted in an order

provided that written notification of such activity is to be given

to the Authority;

(c)

an activity described as permitted in an order

provided that written notification of such activity is to be given

to the Authority and the Authority has endorsed such activity as

being permitted

Provided that the Authority shall have the right to

(i)

reject any such notification given under paragraphs

(b) and (c), inter alia on grounds of non-compliance with any

provisions of the order or of this Act, or in the event of any

incorrect, incomplete or misleading content, or other broadly

similar material consideration relating to the wider case context;

and

(ii) where its endorsement is required, to refuse,

partially endorse or conditionally endorse the activity, as

appropriate.

(6) No activity in terms of an order may be carried out on a

site if on the said site an activity has been carried out in breach of the

provisions of this Act, unless that activity is one which the Authority

may prescribe and which is covered by an order as mentioned in sub-

article (5).

(1) The Minister shall, in consultation with the

Authority, by regulations under this article provide that the Authority,

members of the public or such categories of persons as may be

prescribed shall be entitled to request from such Government

departments, authorities, public corporations or other persons as may

be prescribed such information and registers, in their entirety or in part

that they may have in their possession and relating to the environment

and, or required to ensure the Authority’s effective implementation of

its functions relating to environmental protection. Without prejudice to

the generality of the foregoing, such regulations may prescribe

(a)

the nature of the information that may be requested;

(b) the circumstances in which such information may be

requested;

(c)

the circumstances in which such information may be

withheld by the requested entity and the publication of the

reasons for which such information is withheld;

(d) the fees that may be charged in respect of any such

information; and

(e)

the time within which such information is to be

supplied.

(2) Without prejudice to the generality of sub-article (1), the

Authority shall keep and make available for public inspection at such

reasonable times as it may determine, a register or registers

(a)

of all applications for an authorisation received by it

containing the name of the applicant and details of the proposal

including documents and detailed plans;

(b) of all decisions, including documents and detailed

plans, made on such applications; and

(c)

of all reports and assessments compiled in accordance

with the provisions of this Act, including any Environmental

Impact Assessment reports.

(3) The State of the Environment Report shall be prepared by

the Authority and shall be passed on to the Commissioner for

Environment and Planning within the Office of the Ombusdman. The

Commissioner for Environment and Planning within the Office of the

Ombudsman shall have the right to ask the Environment and

Resources Authority and other authorities and entities to furnish his

office with any information that he requires in order to analyse the

report and to compile his opinion on such a report. The Commissioner

shall deliver the report together with his opinion to the Speaker of the

House within eight weeks from when the said report was passed on to

him and within a month from the tabling of the report there shall be a

dedicated sitting during which the report is discussed.

PART VI

1. Requirement of Authorisations

(1) Save as may otherwise be prescribed, no person Authorisations.

shall carry out any activity or operation, or be engaged in such

activity or operation, relating to or affecting the environment, unless

such person is in possession of an authorisation from the Authority

under this Act.

(2) The activities and operations referred to in sub-article (1)

include, amongst others, the activities and operations listed in the

Schedule.

(3) An authorisation granted to a person under this Act shall

not relieve such a person from the requirement at law to apply for any

other authorisation however so described, or from any other

obligation arising under any other law, or any obligation arising from

a condition emanating from an authorisation.

(1) Any person, including a department of government

or a body corporate established by law, wishing to carry out any

activity referred to in article 58, not being an activity for which an

authorisation is given in an order and to be carried out in accordance

with the provisions thereof, shall apply to the Authority for such

authorisation, in such manner, on such form and giving such

information including environmental assessments and studies, as the

Authority may prescribe.

(2) Any person may also submit a written request to the

Authority for a determination as to whether a proposal requires an

authorisation, environmental assessment or other relevant

submission.

(1) Any application or authorisation shall not be

processed or granted unless the applicant or his predecessor in title

would have paid such fines, or civil debts to the Authority, or made

such other payments as may be due on the site or operation subject to

the application.

(2) In its determination upon an application the Authority shall

apply such plans, policies and regulations issued under this Act as it

may deem relevant and appropriate.

(3) In its determination upon an application the Authority shall

also have regard to any other material consideration which the

Authority may deem relevant.

(4) The Authority shall have power to grant, partially grant, or

to refuse an authorisation, and in granting or partially granting such

an authorisation the Authority shall be entitled to impose such terms,

conditions, limitations and approved specifications which it may

deem appropriate

Provided that upon a refusal, the Authority shall give

specific reasons for such refusal.

(5) The Authority shall have the power to carry out

inspections, in connection with the permit application process or any

ancillary assessment or monitoring, for all authorisation types,

including inspections preceding submission, during the processing of

applications and after the decision-taking.

(6) An authorisation shall be granted for a limited period

provided that the Authority may, on the application of the person

holding the authorisation, extend the said authorisation to such further

period or periods as it may consider reasonable.

(7) In granting or partially granting an authorisation, the

Authority may require the activity to be completed within a specified

period of time as it may establish provided that the Authority shall

state the reasons justifying such requirement.

(1)

Decisions on applications shall be taken without Decisions to be

taken without

delay.

delay.

(2) The Minister may, after consultation with the Authority,

make regulations to give better effect to the provisions of this article

and, without prejudice to the generality of the foregoing, he may

(a) establish the procedures to be used by the Authority

and the applicant in the submission, processing and

determination of applications;

(b) establish the procedures to be used by an applicant

prior to the submission of an application;

(c)

establish minimum or maximum time limits or both

within which submissions, consultations and representations

have to be made and decisions have to be taken and

communicated as relevant.

Any person holding an existing authorisation has the right Reconsideration

to request a modification to such authorisation to include further

operations, or changes in operational parameters as may be required.

Such requests shall be considered and processed as a new application,

not in any way conditioned by previous authorisations issued by the

Authority.

Any aggrieved party may appeal from any decision of the Appeals.

Authority to the Tribunal in accordance with the provisions of the

Environment and Planning Review Tribunal Act and any regulations

made thereunder.

(1) An environment obligation may be entered into in Obligations.

those cases where the Authority, in connection with a grant of an

authorisation, seeks to impose on the applicant an obligation

(a) to carry out an activity benefiting the environment in

line with the objectives of this Act; or

(b) to make some payment, financial or in kind, toward

an environmental purpose, or confer some extraneous right or

benefit to the environment, as the Authority considers it to be

more appropriate in the public interest and in line with the

objectives of this Act. The Authority shall seek to obtain these

benefits or gains by means of conditions attached to a grant of

the authorisation or by means of an environment obligation

entered into by a public deed made by the applicant for the

authorisation with the Authority.

(2) Any person may, by agreement with the Authority, enter

into an environment obligation, which may include

(a)

mutually agreed terms in relation to the access of

genetic resources and benefit-sharing;

(b) restricting the use of that land or operation in any

specified way;

(c)

requiring specified operations or activities to be

carried out, in, on, under or over that land or area;

(d) requiring that land or area to be used in any

specified way; or

(e)

requiring a sum or sums to be paid to the Authority

on a specified date or dates or periodically.

(3) The Minister may, in consultation with the Authority, make

regulations for giving better effect to the provisions of this article and

may, without prejudice to the generality of the foregoing

(a)

prescribe the procedure how an environmental

obligation may be entered into, enforced, modified and

discharged; and

(b) establish any restrictions, conditions or the payment

of any sums of money which may be imposed in such

environment obligations.

(4) The imposition of, or agreement to enter into, an

environmental obligation shall

(a) not constitute an entitlement to an authorisation,

licence or permit which would otherwise, considering the merits

of the case, not be granted or would only be partly granted; and

(b) in the case of the granting of an authorisation,

licence or permit, be additional and without prejudice to the

imposition of any relevant conditions, limitations and approved

specifications.

2. Revocation or modification of authorisations

and Discontinuance or removal orders

(1)

The Authority may -

Revocation and

modification.

(a)

in the cases of fraud; or

(b) where public safety or significant environmental

damage or risk is concerned; or

(c)

where there is an error on the face of the record; or

(d) where there is a breach of a material condition

contained in an authorisation,

by a decision revoke or modify any authorisation granted under this

Act, including any clearance issued by the Authority under an Order,

stating in such decision its reasons for so doing; and, prior to deciding

to revoke or modify an authorisation in terms of this sub-article, the

Authority shall inform the person who will be affected by its decision

of the date and time of its meeting where the Authority shall also hear

the said person’s submissions if the latter opts to attend, and any other

person’s submissions.

(2) For the purposes of sub-article (1)

"fraud" means the submission to the Authority of any

information or declaration on the basis of which the Authority has

approved an authorisation, where such information or declaration is

false, misleading or incorrect, irrespective of whether such deceit is

the result of a wilful or negligent act

Provided that the Authority shall not revoke or modify an

authorisation on the basis of fraud as long as

(a)

the fraudulent information did not have a material

bearing on the issuing of the authorisation; and

(b) the Authority’s authorisation does not confer any

undue or fraudulent benefit to the applicant under any other law

or regulation, or potentially implicate the Authority in any

breach of such law or regulation;

"error on the face of the record" means an error on the face of a

record which offends against the law; and

"material condition" means any condition which is of specific

relevance to the activity covered by the authorisation.

(3) The applicant shall, if the decision is taken by the

Authority, have a right to appeal the Authority’s decision within thirty

days from the date of service of a revocation decision or a

modification decision.

(4) No compensation shall be payable by the Authority when it

acts under the provisions of sub-article (1) where the reason for the

revocation or a modification of an authorisation is based on fraud, or

error of law on the face of the record, or breach of a material

condition contained in an authorisation.

(1) Where the sole reason for revocation or

modification of an authorisation is public safety and, or significant

environmental damage, the following rules shall apply

(a) any activity that may be necessary for compliance

with the order shall be carried out by, or at the expense of, the

Authority;

(b) if on a claim made to the Authority within twelve

months of the date of the revocation decision or the

modification decision, it is shown that any such interested

person has incurred expenditure that is rendered useless by the

revocation or modification, or has otherwise sustained loss or

damage that is directly attributable to the revocation or

modification, the Authority shall, subject to paragraph (c), pay

to that person compensation in respect of that expenditure, loss

or damage;

(c)

no compensation shall be payable under this article

(i) in respect of loss or damage consisting of the

depreciation in value by virtue of the revocation or

modification; or

(ii) in respect of any work carried out before the

grant of the authorisation that is revoked or modified, or in

respect of any other loss or damage arising out of anything

done or omitted to be done before the grant of that

authorisation, or in respect of any works that are not in

accordance with the authorised specifications or in breach

of the terms, conditions and limitations attached to the

authorisation;

(d) where compensation is payable under this article in

respect of expenditure incurred in carrying out any work on

land, if the competent authority under the Land Acquisition Cap. 88.

(Public Purposes) Ordinance acquires any interest in that land,

any compensation payable in respect of the acquisition of that

interest shall be reduced by an amount equal to the value of the

works in respect of which compensation is payable under this

article.

3. Charges and contributions

(1) The Authority shall have power to levy a charge in Charges and

respect of any authorisation to carry out an activity, or environmental contributions.

assessments, environmental auditing or environmental monitoring, to

be known as the processing fee, including any application therefor, in

accordance with a schedule of charges established by it with the

concurrence of the Minister and of the Minister responsible for

finance, taking account of the nature of the activity, the timing of the

activity, of the conditions attaching to the authorisation and of any

other relevant consideration.

(2) The Authority shall have power to levy a charge in respect

of any other application for an authorisation made to it.

(3) The schedule of charges and the rates of contributions

established under this article, as from time to time in force, shall be

published as regulations and shall have effect as so published.

No authorisation shall be granted, and no activity Payment of fees

authorised by an order shall be carried out, unless and until any fee or and

contributions.

contribution payable under article 67 has been paid to and received by

the Authority; and any activity carried out without such payment

having been made and received shall be deemed to be an activity

carried out without the permission of the Authority.

4. Protection and Conservation

(1) The Authority shall prepare, and from time to time Conservation

review, a list of protected areas, habitats and species which are to be orders.

protected for conservation and may in respect of all or any one or more

of the protected areas, habitats or species make protection and

conservation orders to regulate their protection, conservation and

management. Such orders shall be published in the Gazette and on the

Authority’s website.

(2) Any additions or amendments to such orders thereto, shall

be published by the Authority in the Government Gazette and on the

Authority’s website. The Authority shall set up a mechanism to notify

any one of the owners of any property subject of a conservation order

of the fact of its inclusion in the list and of any conservation order

made with respect to it.

(3) The carrying out of any activity and/or works in any

protected area may be prohibited or restricted as provided in relevant

regulations or in a conservation order.

(4) Subject to the provisions of this article, further detailed

procedures regulating the application of this article shall be

established in regulations issued under this Act.

(5) In respect of any site in a protected area, the Authority

shall also have power to require the owner, by notice in writing, to

undertake such works or actions generally, or as may be specified in

the notice, as may be necessary to ensure that no further deterioration

occurs. In default, the Authority may give a further notice to the

owner to carry out and complete the works or actions within a

specified time, and if the owner is still in default it may itself carry

out, or cause to be carried out, the necessary works or actions and

recover the cost thereof from the owner.

(6) An owner of a site in a protected area has a right to request

the reconsideration of any protection of his land. Such request shall

be entered in writing with the Authority within thirty days of

notification or publication in the Gazette, whichever is the later, of

the protection and the Authority shall decide within three months of

receipt by it of the request for reconsideration.

(7) The Minister’s endorsement shall be sought when the

Authority decides to remove or downgrades the protection afforded to

a protected area, and no such removal of protection or downgrading

shall be valid before it is endorsed by the Minister.

(8) Any person who feels aggrieved by a decision of the

Authority under this article may appeal to the Tribunal for a

revocation or modification of such a decision in accordance with the

procedure established under article 63.

(9) An appeal to the Tribunal from the protection of an area or

the issue of a protection or conservation order shall not stay the

execution of such an order.

(10) If a site or area which is not protected under the provisions

of this Act or any regulations made thereunder, but which the

Authority believes could have an importance or value sufficient to

have it protected, is at risk of being damaged or destroyed, the

Authority may make an emergency conservation order and take such

further steps for the protection of such site or area as it may deem

necessary

Provided that in case of urgency the Chairperson of the

Authority may make an emergency conservation order without the

need of consulting the other members of the Authority.

(11) An emergency conservation order shall be published in the

Gazette and shall have effect immediately on its publication.

(12) An emergency conservation order shall, for a period of six

months from its publication in the Gazette, have the same effect as the

inclusion of the area to which it refers in the list of protected areas. It

shall cease to have any effect on the expiration of the period

aforesaid, provided that the Authority shall within such period

undertake any further studies or investigations as it deems necessary

and thereupon decide to revoke or amend the order or replace it with a

more definitive protection or conservation order in line with sub-

article (1). Where such studies or investigations and decision-making

cannot be satisfactorily completed within the aforesaid six-month

period, the Authority may renew the emergency conservation order

for further periods as it deems reasonable or indispensable, justifying

its decision.

(13) An appeal to the Tribunal from an emergency conservation

order, or from an extension of time in line with sub-article (12), shall

not stay the execution of such order.

The Minister may, from time to time, by means of Liability for

regulations introduce measures relative to the liability to be incurred environmental

damage.

by any individual who is, in any manner deemed responsible for any

action that may cause environmental damage, whether in relation to a

protected area, or in general. Such regulations may also include

measures relating to the prevention and remedying of such

environmental damage.

PART VII

Powers of the Authority, Monitoring, Compliance Action

and Enforcement of Control

1. Right of Entry, Inspections and Monitoring

(1) Notwithstanding the provisions of any other law, for

the purposes of carrying out their functions under this Act, the Board

of the Authority, and such officer or committee or any other person as

may be authorised by the Authority for this purpose, and if so

required by the Authority with the assistance of the Police Force, may

enter any premises, public or private, vehicle, vessel or any other

place, for the purposes of

(a) the making of investigations, inspections, surveys,

tests or measurements, or lifting of samples;

(b) ascertaining that nothing contrary to the provisions

of this Act, to the regulations made thereunder or to any term,

condition, limitation or specification attached to any

authorisation issued under this Act is taking or has taken place,

and taking any action accordingly;

(c)

ascertaining or reproducing such data or information

as the Authority may require;

(d) making plans of any premises, vehicle or vessel and

taking photographs of the same after entry or boarding in

accordance with this article; or

(e)

doing anything that is ancillary or consequential

thereto.

(2) In the case of a dwelling house, such right of entry,

inspection and monitoring as provided for in this article, will be

subject to giving previous notice of at least forty-eight hours and shall

not apply before half past seven in the morning or after seven o’clock

in the evening.

(3) Any person who obstructs, threatens, attacks or impedes

any officer of the Authority in the exercise of his duties under this Act

shall be guilty of an offence and shall, on conviction, be liable to

imprisonment not exceeding three years or to a fine (multa) of not

more than one hundred thousand euro (€100,000) or to both such fine

and imprisonment.

(1) The Authority shall have the power to carry out

inspections and investigations on any occasion and for any purpose

related to the responsibilities pertaining to the Authority under this

Act and subsidiary legislation made thereunder.

(2) In exercising the duties in sub-article (1), the Authority

shall be granted the right of entry as defined in article 71.

(3) In the event that non-compliance is proven, further action

under this Act and subsidiary legislation made thereunder shall be

undertaken by the Authority as considered necessary.

2. Monitoring, Compliance Action and Enforcement of Control

(1) The Authority shall monitor any aspect and, or activity Monitoring.

falling within the scope of this Act, particularly for the purposes of

environmental surveys, audits and assessments and of ensuring

compliance with the requirements of this Act and with the decisions

lawfully taken under this Act.

(2) For this purpose, the Authority may appoint officers to,

amongst other matters, collect data, survey, surveil and, or monitor

any activity, aspect or authorisation for the purposes of environmental

surveys and audits and of compliance with legislation and

authorisations.

The Authority may also undertake a review of any such Review of

activities carried out before the coming into force of this Act, or any activities.

other Act preceding this Act, not in compliance with rules,

regulations, plans, policies or authorisations in force at the time the

activity took place; and in respect of any such an activity the

Authority shall have such powers as it has in respect of an activity

carried out after the coming into force of this Act in order to ensure

that the rules, regulations, plans and policies aforesaid are complied

with or to regularise any such an activity to the extent the Authority

deems adequate in the circumstances, or, if this is not reasonably

possible, to enforce said compliance.

(1) The Authority may appoint officers for the purposes Officers.

of this Act, and such officers may upon production of proof of their

identity, in order to ensure compliance with this Act or any

regulations made thereunder

(a) enquire from any person information in connection

with any activity, ownership or other matter regulated by this

Act;

(b) order moving vehicles or vessels to stop and open

any cargo or goods area and displace goods as instructed to

enable the officers to carry out immediate, on the spot

inspections, investigations and monitoring;

(c)

take compliance action including the issuing of stop

or compliance orders to any person in accordance with the

provisions of article 76 and the issuing of fines;

(d) in line with the precautionary principle, issue

temporary stop orders, for a maximum of ten days every

calendar year, for investigations as to the legality of any activity

or for any necessary monitoring.

(2) The provisions of sub-article (1) shall be without prejudice

to the powers of the Police, Local Wardens, the Comptroller of

Customs or of any other authority under the Criminal Code, the

Customs Ordinance or any other law.

(3) Officers appointed under this article shall, notwithstanding

any other law, have the right to assist the police in the conduct of

prosecution for offences under this Act and to plead the case on

behalf of the prosecution.

(4) The Authority may request the assistance of the Police

Force, of the Armed Forces of Malta, of Transport Malta and any

other competent government entity, and in acceding to such requests,

each of these shall for such purpose exercise such powers as are

vested in them at law.

(1) If it appears to the Authority that an activity is being

carried out without the grant of an authorisation required under this

Act or that any conditions subject to which such authorisation was

granted in respect of any such activity are not being complied with or

such activity is in contravention to this Act or regulations made under

this Act, or if an activity is causing environmental damage or is

contrary to subsidiary environmental legislation, the Authority may

issue stop orders to any such person carrying out such an activity, or

on the owner of the land or on the occupier of the land, or on all, as

the Authority deems most expedient, requiring the activity to be

stopped forthwith

Provided that the Authority may issue a partial stop order

requiring work or activity to be stopped forthwith only in relation to

that part of the activity to which the order applies and not in relation

to the whole activity

Provided further that an official may verbally order

activities to stop, and such verbal stoppage orders are to be

considered as legally valid and effective for the successive three days

following the issuing of the verbal stoppage order. Such stoppage

orders would cease to be valid if the Authority does not either deliver

a copy of a signed stop order at an address (postal or digital) that

would have to be given to the compliance officer by the person

responsible for the activity or affix the stop order at the site of the

activities, by the end of the third day following the issuing of the

verbal stoppage order

Provided further that if it eventually transpires that the

activity should not have been stopped, the Authority or any of its

officers shall not be liable for any damages incurred, unless such

stoppage was prima facie and manifestly unjustified

Provided also that the Authority is not to await the passage

of three days prior to informing the owner or occupier or person

responsible, if the stoppage order can be lifted and the activity can

continue.

(2) A copy of the order or notice mentioned in sub-article (1)

which includes an activity relating to a site, may also be served on

any representative on the site and the Authority may also affix such

notice in a prominent position at a point of entry onto the site.

(3) If it appears to the Authority that any activity has been

carried out after coming into force of this Act without the grant of

authorisation required in that behalf under this Act, or that any

conditions subject to which such authorisation was granted in respect

of any activity have not been complied with, the Authority may,

having regard to the provisions of legislation and any other material

consideration, serve on the owner of the land or on the occupier of the

land or on who was responsible for the unauthorised activity or on all

as the Authority deems most expedient a compliance order, requiring

such steps as may be specified in the compliance order to be taken

within such time as may also be specified for remedial action to

restore the situation and, or the land to its condition before the

activity took place or for removing the resultant consequences of the

activity or for securing compliance with the conditions aforesaid, as

the case may be; and in particular, but without prejudice to the

generality of the aforesaid any such notice may, for the purpose

aforesaid, require the removal of objects and substances, the

demolition or alteration of any works or buildings, the discontinuance

of any operations or uses, and remedial action to counteract the

effects of the unauthorised activities.

(4) The Authority shall register all stop orders and all

compliance orders in terms of this Act and the provisions of the said

article concerning indexing of conservation orders shall mutatis

mutandis apply to stop and other compliance orders in terms of this

Act.

(5) Any order made under this article shall contain a detailed

description of the infringements and where deemed appropriate, a site

plan indicating the land which is the subject of such an order shall be

annexed thereto.

(6) An order given under any of the foregoing provisions of

this article shall

(a)

in respect of any requirement stopping or

prohibiting further activity or requiring the cessation of a use,

take effect immediately upon service of the notice in terms of

sub-article (1) notwithstanding that an application for an

authorisation for the activity referred to in the order has been

submitted or an appeal has been lodged against the order; and

(b) in respect of any other requirement, shall take effect

at the expiration of such period (being not less than fifteen days

and not more than thirty days after service thereof) as may be

specified therein.

(7) Any application to regularise an activity may be dismissed

forthwith if officers establish that a requirement in the order stopping

or prohibiting further activity or requiring the cessation of a use, has

not, both prior or during the pendency of the application, been

complied with or in all cases where any penalty or other payment for

which any person has become liable under this Act in respect of the

relevant activity has not been paid.

(8) The Authority may exercise its powers under article 77(1)

notwithstanding that a second or subsequent application intended to

regularise the illegal activity may have been filed with the Authority

concerning the same or part of the same activity, irrespective of

whether the said application is filed by the same applicant or by

another applicant.

(9) Any person who feels aggrieved by any order served on

him may, within fifteen days from the service of the order, appeal

before the Tribunal and on any such appeal the Tribunal

(a) if satisfied that an authorisation was granted under

this Act, or under any other law which preceded this Act

regulating the activity in question, for the activity to which the

order relates, or that no such authorisation was required in

respect thereof, as the case may be, and that the conditions

subject to which such authorisation was granted have been

complied with, shall quash the order to which the appeal relates

or such part thereof in respect of which the Tribunal is satisfied

as aforesaid;

(b)

in any other case, shall dismiss the appeal.

(10) The appellant shall submit to the Tribunal together with his

appeal under sub-article (9) a copy of all relevant authorisations,

other permits or other relevant information in terms of which an

authorisation has been granted to carry out the activity mentioned in

the order served on him which is the subject of the appeal

proceedings; and if the Tribunal is satisfied that no such authorisation

exists, in terms of which and in terms of the conditions of which the

activity could have been carried out, or that any authorisation had

expired, the Tribunal shall forthwith dismiss the appeal.

(11) If before an appeal under sub-article (9) is lodged or during

the pendency of such appeal, the appellant submits to the Authority

an application for an authorisation regarding the activity mentioned in

the order, the Tribunal shall dismiss the appeal if it is satisfied that the

said application is intended to regularise the activity mentioned in the

order.

(12) Where an appeal under sub-article (9) is dismissed, the

Tribunal may direct that, in respect of any requirement, other than a

requirement stopping or prohibiting any further activity or requiring

the cessation of a use, the order shall not come into force until such

date, being a date not earlier than fifteen days after the determination

of the appeal, as the Tribunal thinks fit.

(13) The Tribunal may correct any defect or error in the

compliance order provided that the appellant shall be given sufficient

time to prepare and put forward his case.

(14) Where the illegal activity is being carried out at sea the

provisions of this article shall apply in such manner that any reference

therein to the owner of the land or the occupier of the land shall be

deemed to be a reference to the person carrying out the activity, and

any reference to land shall be deemed to be a reference to the area at

sea where the activity occurs.

(1) If any steps or other action, including any Powers of

discontinuance, stoppage, removal or remediation or similar enforcement.

requirement, required to be taken by a stop order or a compliance

order or other provisions of this Act or regulations made thereunder

have not been taken within the time specified therein, the Authority

will have the power to take enforcement action so as to enforce the

relevant stop order or compliance order or other provision of this Act

or regulations made thereunder and for this purpose enter on the land,

or the area at sea and take such steps or other action as aforesaid,

including the disabling or removal of any equipment, machinery,

tools, belongings, vehicles or other objects that may be on site and the

carrying out of any works necessary to comply with what is requested

in the compliance order, or the sealing, confiscation or impoundment

of items whose possession is illegal according to provisions of this

Act or regulations made thereunder, and may for such purpose request

the assistance of the Police Force, the Armed Forces of Malta, the

Department of Customs, any local council, any department of

Government or any entity of Government.

(2) The Authority shall not be liable for any damages as a

result of the exercise of its powers under this article unless it is

proved that such damage resulted from gross negligence on the part of

the Authority, its officers and agents.

(3) At its discretion, the Authority may not return to their

owners any objects whatsoever which are the cause of the activity

subject to the compliance order, and which are confiscated,

impounded, seized or in any way removed by the Authority. The

Authority may also dispose of such objects, where applicable at the

contravenor’s expense, in line with regulations that the Minister may

make.

(4) Where the enforcement by the Authority of the stop order

or the compliance order involves by necessity the passage also over

third party property, and, or the removal of a development or the

cessation or disruption of an activity that is not itself illegal, or any

other impact on the said activity, the Authority may, under

exceptional circumstances, proceed to pass over such property and, or

to remove such development or to force the cessation of or to disrupt

or to otherwise impact also such other activity.

(5) Notwithstanding the provisions of any other law and

saving the provisions of article 46 of the Constitution and article 4 of

the European Convention Act, no precautionary act or other

restraining act may be issued against the Authority hindering it from

the proper exercise of the powers conferred to it by this article.

(6) The Authority may issue orders for action to remedy

environmental damage without the need to apply for authorisation

from the Authority.

(7) Subject to the provisions of sub-article (3), any items

legitimately confiscated, impounded, seized or in any way removed

during the exercise of the powers contained in this article, may only

be released by the Authority following the payment of any dues from

these debts resulting from the said action, and only when such

payment happens within five calendar months from the date when the

responsible parties were notified by the Authority of these dues, or

according to payment terms as agreed by the Authority within ninety

days from this date of notification of dues.

(8) If the payment of debts to the Authority resulting from

actions as set out in this article does not take place within the time

frame stipulated in sub-article (7), any objects whatsoever

confiscated, impounded, seized or in any way removed during the

said action will become the property of the Authority and may be

disposed of, where applicable at the contravenor’s expense, according

to regulations that the Minister may make to this effect.

Subject to the provisions of regulations made under this Imposition of

Act, and without prejudice to the Authority’s powers set out in article daily fines.

77, when an operation or a site is subject to a stop order or to a

compliance order, and the provisions of the said stop order or

compliance order are not abided with, the operation or site may be

subject to a daily fine that starts accruing from the date of the first

notification of the stop order or compliance order to any of the parties

to whom the order is served according to the provisions of article 76.

Any person subject to a stop order who fails to comply with the said

order, or when a compliance order has not been appealed or where a

compliance order has been appealed but has been confirmed, as the

case may be, and the person concerned subject to a compliance order

fails to comply with the said order within the period therein

prescribed, such person shall be liable to a maximum penalty of not

more than one hundred and fifty euro (€150) for every day the default

continues after the expiration of the said period as the Authority may

prescribe under the said regulations; and the Authority may recover

such penalty from the said person as a civil debt owing to it.

(1) All expenses reasonably incurred by the Authority Recovery of

in the exercise of its powers under this article, or any other amount amounts

the Authority.

due to the Authority under any other provision of this Act or

regulations made thereunder shall be recoverable as a civil debt by

the Authority from the person against whom the order has been

issued, or from any person responsible for the acts mentioned in the

order, including an order for payment, or an applicant, subject to such

right of recovery such person may have against any other person.

(2) Where the Authority desires to sue for the recovery of a

debt due to the Authority under any law or regulation which it is

entitled to enforce, the Chairperson or an officer of the Authority duly

authorised by the Authority to act on its behalf may make a

declaration on oath before the Court Registrar or before any other

officer authorised to administer the oath in judicial matters, wherein

he states the nature of the debt and the name of the debtor and

confirm that it is due.

(3) The declaration referred to in sub-article (2) shall be

served upon the debtor by means of a judicial act and it shall have the

same effect as a final judgement of the competent court unless the

debtor shall, within a period of twenty days from service upon him of

the said declaration, oppose the claim by filing an application

demanding that the court declare the claim unfounded.

(4) The application filed in terms of sub-article (3) shall be

served upon the Authority, which shall be entitled to file a reply

within a period of twenty days. The court shall appoint the application

for hearing on a date after the lapse of that period.

(5) Any debts due to the Authority shall be prescribed by the

lapse of the period of five years from the date on which the debt was

due.

(1) The Authority may impose an administrative fine

upon any person

(a) who infringes any provision of this Act, regulations

prescribed thereunder or of any other law with which the

Authority is entitled to secure compliance and to enforce; or

(b) who fails to comply with any directive or decision

given by the Authority whether under this Act, regulations

prescribed thereunder or under any other law with which the

Authority is entitled to secure compliance and to enforce; or

(c)

who fails to abide by any stop order or compliance

order and the provisions therein; or

(d) who fails to comply with any condition of any

authorisation granted under this Act, including with failure to

provide data or information required in authorisation conditions

in a timely and/or appropriate manner

Provided that if the infringement is committed by a body

corporate and is proved to have been committed with the consent, or

involvement of, or to be attributable to, any gross negligence on the

part of a person being a director, manager, secretary or other officer,

however so described, of such body corporate or a person who was

purporting to act in any such capacity then such person and such body

corporate shall be responsible for the said infringement and shall be

jointly and severally liable for the payment of any administrative

penalty imposed by the Authority as a consequence thereof.

(2) An administrative fine imposed under sub-article (1) shall

not exceed one hundred thousand euro (€100,000) for each

contravention or one thousand five hundred euro (€1,500) for each

day of non-compliance, from the date of the notice of the imposition

of the administrative fine given by the Authority.

(1) The Authority, before imposing an administrative Proceedings

when imposing

penalty upon any person who infringes or fails to comply with -

administrative

fines.

(a)

any provision of this Act;

(b)

regulations made thereunder;

(c)

any other law with which the Authority is entitled to

secure compliance and to enforce;

(d) any directive or decision given by the Authority

whether under this Act, regulations made thereunder or under

any other law with which the Authority is entitled to secure

compliance and to enforce;

(e)

any provisions or time-frames included in any stop

order or compliance order; or

(f)

any condition, limitation or approved specification

of any authorisation granted under this Act,

shall by notice to the person concerned -

(i)

give notice of the administrative penalty that may be

imposed by the Authority;

(ii) give notice of the specific reason why such penalty

may be imposed;

(iii)

give notice of the amount of the penalty; and

(iv) demand that the person concerned rectify the acts or

omissions committed by such person and, or make submissions

to the Authority within a specified time

Provided that such time may not be more than

twenty days or less than five days from the date of service of the

notice

Provided further that the person against whom an

administrative penalty may be imposed, shall be given a reasonable

opportunity during such period of time as may be stipulated in the

notice to make submissions to the Authority and to propose any

remedies that rectify the acts or omissions required by the Authority

to be so rectified.

(2) In the notice mentioned in sub-article (1), the Authority

may impose such conditions as it may consider reasonable in the

circumstances.

(3) If the person concerned remedies the infringement to the

Authority’s satisfaction within the period established by the Authority

in accordance with sub-article (1), and agrees in writing to abide with

any conditions that the Authority may impose and pays any accrued

daily fines to which the said infringement was subjected in terms of

article 78, the Authority shall desist from proceeding any further

Provided that if the person concerned, after having been

bound in writing as stated above, fails to remedy the infringement to

the Authority’s satisfaction within the period established by the

Authority in accordance with sub-article (1) or fails to abide with any

terms or conditions agreed to in writing, the Authority shall impose

against such person an administrative penalty for such failure, in

addition to the administrative penalty which may be imposed for the

infringement itself.

(4) If, after the lapse of the period mentioned in sub-article (1),

the Authority considers that the person concerned has not given any

valid reasons to demonstrate why no administrative penalty should be

imposed against such person, the Authority shall proceed to impose

such administrative penalty.

(5) Notwithstanding any other provision of this article, where

the Authority has prima facie evidence that the infringement

represents an immediate and serious threat to the environment, or to

public safety or public security or public health, the Authority may

shorten the periods mentioned in sub-article (1)

Provided that the person against whom such administrative

penalty is imposed shall be given a reasonable opportunity to state

any views and propose any possible remedies

Provided further that if the person against whom the notice

has been issued files an appeal before the Tribunal and, concurrently

with or before, the filing of the appeal requests the Tribunal to

suspend the effects of the notice, then the Authority shall desist from

issuing a judicial act as referred to in this sub-article until the request

of suspension has been determined, withdrawn or otherwise dealt

with

Provided further that the Tribunal shall determine any

requests for suspension referred to in this sub-article expeditiously.

Before determining any such request the Tribunal shall give the

Authority a reasonable opportunity to reply and make its submissions,

within a period not less than three working days.

(6) The notice referred to in sub-article (1), upon the expiry of

the time limit for appeal therefrom, and upon the service of a copy

thereof by means of a judicial act on the person liable to the payment

of the administrative penalty, shall constitute an executive title for all

effects and the purposes of article 253(a) of the Code of Organization Cap. 12.

and Civil Procedure.

(7) The Authority shall give its reasons for any decision taken

under this article.

(8) Notwithstanding the provisions of any other law, no

precautionary warrant or order shall be issued by any court

restraining the Authority from the exercise of any of the powers

conferred upon it under this Act in relation to administrative

penalties.

(9) In all cases where the Authority imposes an administrative

penalty and any action in respect of anything done or omitted to be

done by any person and such act or omission also constitutes a

criminal offence, no proceedings may be taken or continued against

the said person in respect of such criminal offence if such person

settles the penalty and any imposed action

Provided that payment of the administrative penalty and

the carrying out of any imposed action shall not extinguish any civil

liability to make good any damages to any person or authority or to

the environment in terms of environmental liability.

(10) An administrative penalty imposed by the Authority upon

any person shall be considered a civil debt owing to the Authority.

(11) Measures whereby the liquidated value of damage to the

environment, or of any infringement falling within the scope of this

Act, can be settled, debited or offset, inter alia against payments due

for public services, public goods or public projects.

Officers of the Authority appointed for such purpose may On-the-spot

impose on-the-spot fines, not exceeding a maximum amount of one fines.

thousand euro (€1,000), for offences and to amounts as shall be

prescribed in regulations issued by the Minister.

Notwithstanding any other law providing for the trial and

punishment of offences, where the Authority believes that a person

has committed an offence against this Act, the Authority may enter

into an agreement in writing with such person describing the offence

of which the person is accused, indicating the steps to be taken to

remedy the offence and a penalty which is agreed to be paid in respect

of that offence as shall be prescribed in regulations made by the

Minister.

PART VIII

Offences

(1)

Any person who -

(a) carries out any activity without an authorisation as

in force at the time of such activity, or, if the activity is carried

out with an authorisation, fails to comply or to cause

compliance with any condition, restriction or other limitation to

which the authorisation is subject; or

(b) acts in contravention of any of the provisions of

article 70 in respect of any protected area, or an emergency

conservation order; or

(c)

having been served with a stop or compliance order

or other order under article 76 fails to comply with any of the

requirements of such notice within the time therein specified; or

(d) attempts to hinder, obstruct, threaten, molest or

interfere with, any officer of the Authority, or relatives thereof,

or any police officer, or any public officer, or any officer of any

department of Government or of any entity of Government or of

any local council, in the execution of his duties under the law or

fails to comply with any reasonable requirement demanded of

him by any such person as aforesaid or otherwise to assist him

in the carrying out of the said duties, or knowingly furnishes

such person with false information or neglects or refuses to give

any information required for the purpose aforesaid; or

(e)

makes a declaration for any of the purposes of this

Act which is false, misleading or incorrect in any material

respect,

shall be guilty of an offence against this Act and shall be liable, on

conviction, to a fine (multa) of not less than one thousand five

hundred euro (€1,500) and not exceeding two million five hundred

thousand euro (€2,500,000), and in respect of an offence under

paragraph (d) or, in the case of an offence under paragraph (c) if the

offender persists in the offence for more than three months, also to

imprisonment for a term of not less than three months and not

exceeding three years

Provided that, and without prejudice to the provisions of

article 69(6) and article 78 and without prejudice to the maximum

fine above established, the minimum fine (multa) to which an

offender is liable under this article shall not be less than the value of

any work carried out without an authorisation or in violation of any

conditions to which such authorisation was subject.

(2) The Court, besides awarding the punishment referred to in

sub-article (1), may confiscate the corpus delicti where applicable

and shall order the offender to remove the causes of the offence and to

undo anything which was done without an authorisation or to comply

with the conditions imposed in the authorisation, as the case may be,

within a time sufficient for the purpose, but in any case not exceeding

three months from the date of the judgment, to be fixed by the court;

and, if the offender fails to comply with any such order within the

time so fixed, he shall be liable to a fine (multa) of not less than fifty

euro (€50) and not more than one hundred and thirty euro (€130), as

the court may fix, for every day the default continues after the

expiration of the said time and the Court may also order the

modification, suspension or revocation of any authorisation.

(3) Proceedings against any person for any offence as is

mentioned in sub-article (1) shall be taken before the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo), as the case

may be, as courts of criminal judicature in accordance with the

provisions of the Criminal Code

Provided that, notwithstanding the provisions of article

376(1)(b) of the Criminal Code, the Court shall, at the request of the Cap. 9.

prosecution or of the accused, take down evidence given by the

witnesses in the manner provided for either in article 390(6) of the

said Code or in any law for the time being in force.

(4) Article 21 of the Criminal Code and the provisions of the Cap. 9.

Probation Act shall not apply to any offences referred to in this Cap. 446.

article.

(5) Neither the filing of an application intended to regularise

any activity to which a prosecution refers, nor the filing of an appeal

against a refusal or partial approval of such an application shall be a

bar to the continuation of such a prosecution and the court shall

continue to hear such a case and shall give judgment and shall issue

an order in terms of sub-article (2) as if such an application or such an

appeal had never been filed

Provided that where such an activity has been regularised

no fine under sub-article (2) shall be due in respect of the time after

the activity has been regularised and all fines paid to the Authority.

(6) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgment given in proceedings arising out

of this Act or of any regulations, rules or orders made thereunder.

(7) Any action taken under the provisions of this article shall

be without prejudice to any action that may be taken against any

person under regulations made in accordance with the provisions of

article 69(6).

In any proceeding or prosecution under this Act, a copy of

any order, notice, decision or other document purporting to have been

made under this Act and purporting to have been signed by the

Chairperson of the Authority or any Director, shall be accepted as

evidence of the order, notice, decision or other document, and of the

facts appearing therein, without further proof.

PART IX

Miscellaneous

(1) Where any notice, order, other instrument or

document whatsoever is required or authorised to be served or given

by or under this Act, it may be served or given in any of the following

manners

(a) by delivering it to the person on whom it is to be

served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of

abode of that person or, if such person has furnished an address

for service, at that address; or

(c)

by sending it in a registered letter addressed to that

person at the place of abode or the address for service aforesaid;

or

(d) in the case of a body corporate or other body of

persons, by delivering it to an officer or servant thereof at the

registered or principal office, or sending it in a registered letter

addressed to the body aforesaid at that office; or

(e)

in any case in which it is not reasonably possible to

effect service in any of the foregoing manners whether on all or

on any one or more of the persons on whom service is to be

made or notice is to be given, by affixing the document to be

served or given in a conspicuous place on the land to which it

relates and keeping it so affixed for a period of not less than

seven days; or

(f)

in any case in which it is not reasonably possible to

effect service in any of the manners prescribed in (a) to (e)

whether on all or on any one or more of the persons on whom

service is to be made or notice is to be given, by publication in a

local newspaper; or

(g) where the order, notice, or other document to be

served or given is affixed on the land but is removed before the

expiry period of seven days, the reaffixing of the order, notice or

other document shall only be for the remaining period after the

document was removed.

(2) Where the notice or other document is required or

authorised to be served or given to any person as having an interest in

land, and the name of that person cannot be ascertained after

reasonable inquiry, or is required or authorised to be served on an

occupier of land, the notice shall be deemed to be duly served or

given if it is served or given in any of the manners indicated in sub-

article (1) and addressed to the person having an interest in the land

by the description of "owner" or "occupier", or "owners" or

"occupiers", as the case may require.

(3) A person who at any time after an order, notice or other

document is affixed pursuant to this article, removes, damages or

defaces the said affixed order, notice or other document during its term

of validity without lawful authority shall be guilty of an offence and

shall be subject to a fine according to the provisions of article 82.

(1) The Minister may with effect from such date as may Saving.

be established by notice in the Gazette repeal the Environment and Cap. 504.

Development Planning Act and different dates, rules and procedures

may be so established for the revocation and, or applicability of

different provisions thereof.

(2) The Minister may by regulations made under this Act,

provide that for the words "Director" and "Director Environment

Protection", wherever they may occur in regulations made under the

Environment and Development Planning Act, there shall be Cap. 504.

substituted the word "Authority" and any definition of "Director" and

"Director Environment Protection" in regulations made under the

same Acts shall be deleted.

(3) Any order, rule, regulation, bye-law, notice, plan or policy

or other instrument having the force of law made under the authority

or kept in force under any of the provisions of the Environment and

Development Planning Act shall continue in force and shall continue

to have effect as if made under this Act and may be amended,

substituted or revoked accordingly.

(4) Any licence, permission, authority, order, notice or

certificate, or any prosecution or charges granted or made under or

kept in force under any of the provisions of the Environment and

Development Planning Act and still in force immediately before the

date of coming into force of this Act, shall as from such date continue

in force as if it were a licence, permission, authority, order, notice or

certificate, or prosecution or charges granted or made under a

corresponding provision of this Act, and any such licence,

permission, authority, order, notice or certificate, or prosecution or

charges as aforesaid shall be treated and dealt with accordingly

Provided that in the case of any such licence, permission,

authority, order, notice or certificate issued as operative for a specific

period, such licence, permission, authority, order, notice or certificate

shall remain operative for such a period from the date such licence,

permission, authority, order, notice or certificate was issued.

(5) The Environment Fund established under the provisions of

article 32, shall perform and succeed all the functions, assets, rights,

liabilities and obligations of the Environment Fund established under

the provisions of the Environment and Development Planning Act.

(6) The Minister may by regulations made under this Act

provide that the Authority shall be considered as the competent

Authority for any matters listed in this article.