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ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

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Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

I assent.

(L.S.)

GEORGE VELLA

President

17th July, 2020

ACT No. XXXVI of 2020

AN ACT to amend the Climate Action Act, Cap. 543, and to provide

for other matters dealing with them 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:-

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

The short title of this Act is the Various Laws (Environment

and Climate) (Amendment) Act, 2020.

PART I

Amendments to the Climate Action Act

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

This Part amends the Climate Action Act and shall be read

and construed as one with the Climate Action Act, hereinafter in this

Part referred to as "the principal Act".

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

In article 2 of the principal Act, immediately after the

definition "source", there shall be added the following new definition

" " St a n d i n g C o m m i t t e e " m e a n s t h e St a n d i n g

Committee on the Environment, Climate Change and

Development Planning established in terms of the

Development Planning Act;".

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

Sub-article (2) of article 7 of the principal Act shall be

substituted by the following

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

carbon development strategy is reviewed and updated

periodically, and at least every five years.".

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

Sub-article (3) of article 8 of the principal Act shall be Amendment of

article 8 of the

substituted by the following

principal Act.

"(3) The Minister shall ensure that the national adaptation

strategy is reviewed and updated periodically, and at least every

five years.".

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

Article 9 of the principal Act shall be amended as follows

Amendment of

article 9 of the

principal Act.

(a) sub-article (1) thereof shall be substituted by the

following

"(1) The Minister shall lay on the Table of the

House, the National Low-carbon Development Strategy

and the National Adaptation Strategy and their updates, at

least once every five years."; and

(b) immediately after sub-article (2) thereof there shall

be added the following new sub-article

" (3) In terms of sub-articles (1) and (2) of this

article and article 11(2)(f), the Minister shall refer the

reports, strategy or policy to the Standing Committee.".

PART II

Amendments of the Environment Protection Act

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

This Part amends the Environment Protection Act and it shall Amendments to

be read and construed as one with the Environment Protection Act, the

Protection Act.

hereinafter in this Part referred to as the "principal Act".

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

In article 2 of the principal Act, the definition "Standing Amendment of

article 2 of the

Committee" shall be substituted by the following

principal Act.

" " St a n d i n g C o m m i t t e e " m e a n s t h e St a n d i n g

Committee on the Environment, Climate Change and

Development Planning established in terms of the

Development Planning Act;".

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

Article 31 of the principal Act shall be substituted by the Substitution of

article 31 of the

following

principal Act.

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

The Minister shall refer the following to the

Standing Committee on the Environment, Climate

Change and Development Planning

(a) any plan referred to the House in

terms of this Act; the Standing Committee on the

Environment, Climate Change 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.".

PART III

Amendment of the Development Planning Act

10. This Part amends the Development Planning Act and shall be

read and construed as one with the Development Planning Act.

hereinafter in this Part referred to as "the principal Act".

11. Article 60 of the principal Act shall be amended as follows

(a) immediately before article 60 thereof, the subtitle

"The Standing Committee on the Environment and Development

Planning" shall be substituted by the following sub-title

"The Standing Committee on the Environment,

Climate Change and Development Planning";

(b) article 60(1) thereof shall be substituted by the

following

Malta Government Gazette — Act 2020 36 · Gazzetta tal-Gvern ta’ Malta Nru. 20,443 – 17.07.2020 — ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto.

(1) There shall be a Standing Committee on

the Environment, Climate Change and Development

Planning which shall consist of five members appointed

by the House, of whom three shall be members

representing the Government, one of whom shall be

appointed as Chairperson, and the other two shall be

members representing the Opposition.";

(c) article 60(2) thereof shall be substituted by the

following

"(2) The Standing Committee shall discuss any

strategy, plan or policy referred to it in terms of articles

46 and 53 and any other matter referred to it in terms of

the Environment Protection Act and the Climate Action

Act and prepare a report and refer it to the House and to

the Minister.

Such a report may also include any dissenting

opinion on the strategy, plan or policy. The Minister

shall take cognizance of the report

Provided that where the said Standing

Committee fails to prepare a report within the period

stipulated in this Act, the Executive Council may adopt

the said strategy, plan or policy and the Minister may

also approve the said strategy, plan or policy as

forwarded to him by the Executive Council."; and

(d) any reference in the Development Planning Act to

"Standing Committee on the Environment and Development

Planning" shall be read and construed, after the coming into

force of this Act, as a reference to "Standing Committee on the

Environment, Climate Change and Development Planning".

PART IV

General Amendment to the Laws of Malta

12. Any reference in any other law to "Standing Committee on the General

Environment and Development Planning" shall be read and construed, Amendment

the Laws of

after the coming into force of this Act, as a reference to "Standing Malta.

Committee on the Environment, Climate Change and Development

Passed by the House of Representatives at Sitting No. 358 of the

14th July, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54

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