ACT No. XVII of 2024 An ACT to amend the Environment Protection Act, Cap. 549, and to provide for other matters related to them or ancillary thereto.

I assent.

(L.S.)

MYRIAM SPITERI

DEBONO

President

10th May, 2024

ACT No. XVII of 2024

An ACT to amend the Environment Protection Act, Cap. 549, and to

provide for other matters related to 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:-

The short title of this Act is the Environment Protection

(Amendment) Act, 2024.

PART I

Amendments to the Environment Protection Act

This Part amends the Environment Protection Act and shall be

read and construed as one with the Environment Protection Act,

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

In article 2 of the principal Act, immediately after the

definition "the Authority" there shall be added the following new

definition

" "authorisation" includes any licence or permit however

so described issued by, or under this Act to operate, provide or

carry out any activity or operation relating to the functions

emanating from this Act.''.

In paragraph (k) of sub-article (2) of article 8 of the principal Amendment of

Act, the words "the Minister." shall be substituted by the words "the article

principal Act.

Minister;" and immediately after there shall be added the following

new paragraphs

"(l) to regulate, monitor and keep under review all

practices, operations and activities regulated by, or under this

Act;

(m) to grant any licence, permit or other authorisation, for

the carrying out of any operation or activity regulated by, or in

accordance with this Act;

(n) to establish the minimum qualifications to be

possessed by any person who is engaged or employed in any

activity regulated by, or in accordance with this Act; and

(o) to ensure the optimum utilisation of mineral

resources and regulate the minerals extracted.".

Sub-article (6) of article 32 of the principal Act shall be Amendment of

article 32 of the

substituted by the following new sub-article

principal Act.

''(6) The Environment Fund shall every financial year

deliver to the Minister, through the Authority, a copy of its duly

audited revenue and expenditure statement together with a report

of its activities during the previous financial year. The Minister

shall lay a copy of the revenue and expenditure statement which

shall be included as a note to the audited financial statements of

the Authority, and a copy of the audited report on the Table of the

House within a month from the receipt of the said statements from

the Authority.''.

Article 39 of the principal Act shall be amended as follows

Amendment of

article 39 of the

principal Act.

(a)

article 39 shall be renumbered as article 39(1); and

(b)

immediately after sub-article (1), as renumbered,

there shall be added the following new sub-article

''(2) Subject to the other provisions of this Act, all

laws, rules, regulations, orders, judgments, decrees,

awards, deeds, bonds, contracts, agreements,

instruments, documents, warrants and other

arrangements, existing immediately before the date of

coming into force of this sub-article affecting or

relating to any of the properties or undertakings

transferred to the Authority by, or under this Act in

relation to the Malta Resources Authority Act and in

which the Government or a government authority is a

party thereto or is named therein shall have force and

effect against or in favour of the Authority, and shall be

enforceable freely and effectively, as if the Authority

has been named therein or had been a party thereto

instead of the Government or governmental authority in

question.''.

Immediately after sub-article (1) of article 40 of the principal

Act there shall be added the following new sub-article

''(1a) Anything relating to any of the properties or

undertakings or any right or liability transferred to the Authority

by, or under this Act, which has been commenced by, or under

the authority of the Government or the Malta Resources

Authority, before the date of the coming into force of this sub-

article may continue to be carried on and completed by, or as

authorised by the Authority on, or after such date.''.

In paragraph (b) of sub-article (1) of article 84 of the principal

Act, the words ''article 70'' shall be substituted by the words ''article

Immediately after article 87 of the principal Act, there shall

be added the following new article

88. With effect from the coming into force of the

Environment Protection (Amendment) Act, 2024

2024. (a) any pending legal proceedings with

regard to the legislation listed in sub-paragraphs

(i), (ii), (iii) or (v) of paragraph (b), to which the

Malta Resources Authority is, or is entitled to be a

party shall, as from the date of the coming into

force of this article, be continued by, or against the

Environment and Resources Authority;

(b) the following subsidiary legislation

made under the provisions of the Malta Resources

Authority Act shall, until other provision is made

under, or by virtue of this Act, remain in force and

have effect as if they were made under this Act

and shall be renumbered accordingly

(i) Notification of Groundwater

Sources Regulations;

(ii) Borehole

Drilling

and

Excavation Works within the Saturated

Zone Regulations;

(iii) Groundwater

Abstraction

(Metering) Regulations;

(iv) Assessment and Management of

Flood Risks Regulations; and

(v) Users of Groundwater Sources

(Application) Regulations;

(c) The validity of any regulation, order,

decision, authorisation, document, procedure or

other instrument or measure made prior to the

coming into force of the Environment Protection

(Amendment) Act, 2024 shall not be affected by

Act No. XVII of

2024. this Act, and such regulation, order, decision,

authorisation, document, procedure or other

instrument or measure shall continue to be valid

after the coming into force of this Act.".

PART II

Amendment to the Civil Code

This Part amends the Civil Code and shall be read and Amendment to

construed as one with the Civil Code, hereinafter in this Part referred the

Civil Code.

to as "the Code".

In paragraph (1) of sub-article (2) of article 15 of Title VI of Amendment to

the Fourth Schedule to the Code the words ''Malta Resources the

Fourth

Schedule to the

Authority Act'' and its reference in the marginal note ''Cap. 423.'' shall Code.

be deleted.

PART III

Amendment to the Plant Quarantine Act

This Part amends the Plant Quarantine Act and shall be read Amendment to

and construed as one with the Plant Quarantine Act, hereinafter in this the

Plant

Quarantine Act.

Part referred to as the "principal Act".

Paragraph (d) of sub-article (1) of article 4 of the principal

Act shall be substituted by the following new paragraph

''(d) a representative from the University of Malta, from

the Public Health Department, from the Malta Standards

Authority, from the Occupational Health and Safety Authority,

from the Department of Agriculture and from the Environment

and Resources Authority.''.

PART IV

Amendments to the Administrative Justice Act

This Part amends the Administrative Justice Act and shall be

read and construed as one with the Administrative Justice Act,

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

In Part A of the First Schedule to the principal Act the item

''423, Malta Resources Authority Act, 32, Resources Appeals Board"

shall be deleted.

In the Second Schedule to the principal Act the item "Malta

Resources Authority Act, Cap. 423, Inferior Competence" shall be

deleted.

PART V

Amendments to the Continental Shelf Act

This Part amends the Continental Shelf Act and shall be read

and construed as one with the Continental Shelf Act, hereinafter in this

Part referred to as the "principal Act".

In article 2 of the principal Act the definition ''mineral

resources'' shall be substituted by the following new definition

'' ''mineral resources'' means any mineral, rock or sediment

constituted of organic or inorganic compounds or substances

extracted, mined or otherwise derived from the earth, including

the seabed and the subsoil thereof, but shall not include water;''.

In sub-article (5) of article 3 of the principal Act the words

''Malta Resources Authority Act'' and the reference in the marginal note

thereof ''Cap. 423.'' shall be substituted by the words ''Environment

Protection Act'' and ''Cap. 549.'' respectively.

PART VI

Amendments to the Regulator for Energy and Water Services Act

This Part amends the Regulator for Energy and Water Amendments to

Services Act and shall be read and construed as one with the Regulator the

for Energy and

for Energy and Water Services Act, hereinafter in this Part referred to Water

Act.

as the "principal Act".

Sub-article (3) of article 1 of the principal Act shall be Amendment of

article 1 of the

substituted by the following new sub-article

principal Act.

''(3) This Act shall not apply to matters relating to mineral

resources and to the legislation listed in the Second Schedule.''.

Article 41 of the principal Act shall be amended as follows

Amendment of

article 41 of the

principal Act.

(a)

sub-article (1) thereof shall be deleted;

(b) sub-article (4) thereof shall be substituted by

the following new sub-article

''(4) The legislation listed in the Second

Schedule shall remain in force and have effect as if it

were made under the Environment Protection Act and

the Climate Action Act.''.

2024.

Sub-article (2) of article 42 of the principal Act in its entirety Amendment of

article 42 of the

shall be substituted by the following new sub-article

principal Act.

''(2) With effect from the date of the coming into

force of the Environment Protection (Amendment) Act,

2024. 2024, all actions pending before any court, tribunal,

arbitral tribunal, or any other adjudicating body,

instituted by, or against the Authority shall, with

reference to resources other than mineral resources and

to the legislation listed in the Second Schedule, be

continued by, or against the Regulator, without the need

of any formalities other than this Act.''.

Article 43 of the principal Act shall be deleted.

Deletion of

article 43 of the

principal Act.

PART VII

Amendment to the Assignment of Statutory Ministerial

Responsibilities Act

This Part amends the Assignment of Statutory Ministerial

Responsibilities Act and shall be read and construed as one with the

Assignment of Statutory Ministerial Responsibilities Act, hereinafter

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

The Schedule to the principal Act shall be amended as

follows

(a) under the sub-heading ''Competition Policy and

Consumer Protection'' thereof, the words ''Malta Resources

Authority Act'', ''Cap. 423.'' and ''Minister responsible for

Competition'' respectively shall be deleted;

(b) under the sub-heading ''Finance'' thereof, the words

''Malta Resources Authority Act'', ''Cap. 423.'' and ''Minister

responsible for finance'' respectively shall be deleted; and

(c) under the sub-heading ''Resources'' thereof, the words

''Malta Resources Authority Act'', ''Cap. 423.'' and ''Minister

responsible for resources'' respectively shall be deleted.

PART VIII

Amendment to the Coordination of Government Inspections Act

This Part amends the Coordination of Government

Inspections Act and shall be read and construed as one with the

Coordination of Government Inspections Act, hereinafter in this Part

referred to as the "principal Act".

In the Schedule to the principal Act the words ''Malta

Resources Authority'' shall be deleted.

PART IX

Amendment to the Employment for the Purposes of the Pensions

Ordinance Order

This Part amends the Employment for the Purposes of the

Pensions Ordinance Order and shall be read and construed as one with

the Employment for the Purposes of the Pensions Ordinance Order,

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

In the Schedule to the principal Order item 17 shall be

deleted.

PART X

Amendments to the Public Procurement Regulations

This Part amends the Public Procurement Regulations and Amendments to

shall be read and construed as one with the Public Procurement the

Public

Procurement

Regulations, hereinafter in this Part referred to as the "principal Regulations.

regulations".

In Schedule 1 to the principal regulations, the item ''Malta Amendment to

Schedule 1 to

Resources Authority'' shall be deleted.

the principal

regulations.

In Schedule 16 to the principal regulations, the item ''Malta Amendment to

Schedule 16 to

Resources Authority'' shall be deleted.

the principal

regulations.

PART XI

Amendment to the Concession Contracts Regulations

This Part amends the Concession Contracts Regulations and Amendment to

shall be read and construed as one with the Concession Contracts Concession

Contracts

Regulations, hereinafter in this Part referred to as the "principal Regulations.

regulations".

In Schedule 1 to the principal regulations the item ''Malta Amendment to

Schedule 1 to

Resources Authority/'' shall be deleted.

the principal

regulations.

PART XII

Amendments to the Notification of Groundwater Sources

Regulations

This Part amends the Notification of Groundwater Sources Amendments to

Regulations and shall be read and construed as one with the the

Notification

of Groundwater

Notification of Groundwater Sources Regulations, hereinafter in this Sources

Regulations.

Part referred to as the "principal regulations".

Regulation 2 of the principal regulations shall be amended as Amendment of

article 2 of the

follows

principal

regulations.

(a) the definition ''Act'' shall be substituted by the

following new definition

'' ''Act'' means the Environment Protection Act;''; and

''Cap. 549.

(b) the definition ''the Authority'' shall be substituted by

the following new definition

'' ''the Authority'' means the Environment and

Resources Authority established by article 6 of the Act;''.

Sub-regulation (2) of regulation 3 of the principal regulations

shall be substituted by the following new sub-regulation

''(2) The applicant for the notification of a groundwater

source shall provide all the necessary information and

documentation as required in the application form for

notification provided by the Authority, and shall include all the

details and satisfy all the requirements therein.''.

In sub-regulation (1) of regulation 3A of the principal

regulations, immediately before the proviso thereof the words ''in the

Schedule:'' shall be substituted by the words ''by the Authority:''.

The Schedule to the principal regulations shall be deleted.

PART XIII

Amendment to the Borehole Drilling and Excavation Works

within the Saturated Zone Regulations

This Part amends the Borehole Drilling and Excavation

Works within the Saturated Zone Regulations and shall be read and

construed as one with the Borehole Drilling and Excavation Works

within the Saturated Zone Regulations, hereinafter in this Part referred

to as the "principal regulations".

Regulation 2 of the principal regulations shall be amended as

follows

(a) the definition ''Act'' shall be substituted by the

following new definition

'' Cap. 549.

''Act'' means the Environment Protection Act;''; and

(b) the definition ''Authority'' shall be substituted by the

following new definition

'' ''Authority'' means the Environment and Resources

Authority established by article 6 of the Act;''.

PART XIV

Amendments to the Groundwater Abstraction

(Metering) Regulations

This Part amends the Groundwater Abstraction (Metering)

Regulations and shall be read and construed as one with the

Groundwater Abstraction (Metering) Regulations, hereinafter in this

Part referred to as the "principal regulations".

Sub-regulation (2) of regulation 2 of the principal regulations Amendment to

regulation 2 of

shall be amended as follows

the principal

regulations.

(a) the definition ''the Act'' shall be substituted by the

following new definition

'' ''the Act'' means the Environment Protection Act;'';

''Cap. 549.

and

(b) the definition ''the Authority'' shall be substituted by

the following new definition

'' ''the Authority'' means the Environment and

Resources Authority established by article 6 of the Act;''.

In paragraph (d) of regulation 3 of the principal regulations Amendment of

the words ''prior to the entry into force of the Malta Resources regulation

the principal

Authority Act'' shall be substituted by the words ''prior to 2nd February regulations.

2001'' and the reference in the marginal note ''Cap. 423.'' shall be

deleted accordingly.

PART XV

Amendment to the Assessment and Management of

Flood Risks Regulations

This Part amends the Assessment and Management of Flood Amendment to

Risks Regulations and shall be read and construed as one with the the

and

Assessment and Management of Flood Risks Regulations, hereinafter in Management

Flood Risks

this Part referred to as the "principal regulations".

Regulations.

Sub-regulation (2) of regulation 2 of the principal regulations Amendment of

regulation 2 of

shall be amended as follows

the principal

regulations.

(a) the definition ''the Act'' shall be substituted by the

following new definition

''the Act'' means the Environment Protection Act;'';

''Cap. 549.

and

(b) the definition ''competent authority''

shall

be

substituted by the following new definition

'' ''the competent authority'' means the Energy and

Water Agency established by the Energy and Water

Agency (Establishment as an Agency) Order;''.

PART XVI

Amendment to the Users of Groundwater Sources

(Application) Regulations

This Part amends the Users of Groundwater Sources

(Application) Regulations and shall be read and construed as one with

the Users of Groundwater Sources (Application) Regulations,

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

Regulation 2 of the principal regulations shall be substituted

by the following new regulation

''Interpretation.

2. Unless the context requires otherwise, the

definitions in the Environment Protection Act and the

Notification of Groundwater Sources Regulations shall

apply.''.

PART XVII

Amendment to the Lifecycle Greenhouse Gas Emissions from

Fuels Regulations

This Part amends the Lifecycle Greenhouse Gas Emissions

from Fuels Regulations and shall be read and construed as one with the

Lifecycle Greenhouse Gas Emissions from Fuels Regulations,

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

In regulation 2 of the principal regulations the definition ''the

Act'' shall be substituted by the following new definition

'' Act No. XVI of

''the Act'' means the Climate Action Act;''.

2024. PART XVIII

Amendment to the European Union Greenhouse Gas Emissions

Trading System for Stationary Installations Regulations

This Part amends the European Union Greenhouse Gas

Emissions Trading System for Stationary Installations Regulations and

shall be read and construed as one with the European Union

Greenhouse Gas Emissions Trading System for Stationary Installations

Regulations, hereinafter in this Part referred to as the "principal

regulations".

In regulation 2 of the principal regulations the definition ''the

Act'' shall be substituted by the following new definition

'' Act No. XVI of

''the Act'' means the Climate Action Act;''.

2024. PART XIX

Amendment to the Alternative Fuels Order

This Part amends the Alternative Fuels Order and shall be read Amendment to

and construed as one with the Alternative Fuels Order, hereinafter in the

Fuels Order.

this Part referred to as the "principal order".

Sub-article (1) of article 6 of the principal order shall be Amendment of

article 6 of the

substituted by the following new sub-article

principal order.

''(1) The infrastructure operator shall, without

prejudice to the provisions of the Regulator for Energy

and Water Services Act, the Environment Protection

Act, the Authority for Transport in Malta Act and the

Merchant Shipping Act, and any regulations made

thereunder, provide and make available to the person at

the point of recharging, clear and consistent

information related to all motor vehicles which may

(a)

be regularly fuelled with individual

fuels placed on the market; or

(b) recharged by recharging points.''.

PART XX

Amendment to the Administrative Review Tribunal

(Establishment of Panels) Regulations

This Part amends the Administrative Review Tribunal Amendment

the

(Establishment of Panels) Regulations and shall be read and construed Administrative

as one with the Administrative Review Tribunal (Establishment of Review

Tribunal

Panels) Regulations, hereinafter in this Part referred to as the (Establishment

of Panels)

"principal regulations".

Regulations.

In sub-regulation (9) of regulation 3 of the principal Amendment of

regulations the words ''the Malta Resources Authority Act'' and the regulation

the principal

reference to the marginal note thereof ''Cap. 423.'' shall be substituted regulations.

by the words ''the Regulator for Energy and Water Services Act.'' and

''Cap. 545.'' respectively.

PART XXI

Amendment to the Protection of Groundwater against Pollution

and Deterioration Regulations

This Part amends the Protection of Groundwater against

Pollution and Deterioration Regulations and shall be read and

construed as one with the Protection of Groundwater against Pollution

and Deterioration Regulations, hereinafter in this Part referred to as the

"principal regulations".

Regulation 2 of the principal regulations shall be amended as

follows

(a) in sub-regulation (1) thereof the words ''Malta

Resources Authority Act'' and the reference in the marginal note

thereof ''Cap. 423.'' shall be substituted by the words

''Environment Protection Act'' and ''Cap. 549.'' respectively;

(b)

in sub-regulation (2) thereof

(i) the definition ''Act'' shall be substituted by the

following new definition

''Act'' means the Environment Protection Act;''; and

''Cap. 549.

(ii) the definition ''the Unit'' shall be substituted by

the following new definition

'' ''the Unit'' means the Energy and Water Agency

e s t a b l i s h e d b y t h e E n e rg y a n d Wa t e r A g e n c y

(Establishment as an Agency) Order''.

PART XXII

Amendment to the Water Policy Framework Regulations

This Part amends the Water Policy Framework Regulations

and shall be read and construed as one with the Water Policy

Framework Regulations, hereinafter in this Part referred to as the

"principal regulations".

Item (i) of Part B of Schedule VI to the principal regulations

shall be substituted by the following new item

''(i) provisions established through the Regulator

''Cap. 545.

f o r E n e r g y a n d Wa t e r S e r v i c e s A c t a n d t h e

Environment Protection Act''.

Passed by the House of Representatives at Sitting No. 239 of the 7th

May, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€1.44