CRIMES AGAINST THE ENVIRONMENT ACT

CHAPTER 522

CRIMES AGAINST THE ENVIRONMENT ACT

To implement Directive 2008/99/EC of the European Parliament and of

the Council of 19 November 2008 on the protection of the environment

through criminal law.

20th July, 2012 *

ACT XI of 2012 , as amended by Act XXXV of 2023.

The short title of this Act is Crimes Against the Environment

Act.

In this Act, unless the context otherwise requires

"Directive 2008/99/EC" means Directive 2008/99/EC of the

European Parliament and of the Council of 19 November 2008 on

the protection of the environment through criminal law;

"the Euratom Treaty" means the Treaty establishing the European

Atomic Energy Community done at Rome on the 25th March, 1957;

"habitat within a protected site" means any habitat of species for

which an area is classified as a special protection area pursuant to

Article 4(1) or (2) of Council Directive 79/409/EEC of 2 April

1979 on the conservation of wild birds, or any natural habitat or a

habitat of species for which a site is designated as a special area of

conservation pursuant to Article 4(4) of Council Directive 92/ 43/

EEC of 21 May 1992 on the conservation of natural habitats and of

wild fauna and flora;

"protected wild fauna and flora species" means

(a) for the purposes of article 3(1)(f) those listed in

(i)

Annex IV to Council Directive 92/43/EEC of 21

May 1992 on the conservation of natural

habitats and of wild fauna and flora,

(ii) Annex I to, and referred to in Article 4(2) of

Council Directive 79/409/EEC of 2 April 1979

on the conservation of wild birds,

(b) for the purposes of article 3(1)(g), those listed in

Annex A or B to Council Regulation (EC) No 338/97

of 9 December 1996 on the protection of species of

wild fauna and flora by regulating trade therein;

"t he Treaty" m eans t he Treaty establishing the Euro pean

Community done at Rome on the 25th March, 1957;

"unlawful" means infringing

(a) the legislation adopted pursuant to the EC Treaty and

listed in Annex A to the Directive 2008/99/EC; or

(b) with regard to activities covered by the Euratom

Treaty, the legislation adopted pursuant to the Euratom

Treaty and listed in Annex B to the Directive 2008/99/

*See article 1(2) as originally promulgated, and Legal Notice 230 of 2012.

EC; or

(c) a law, an administrative regulation of a Member State

or a decision taken by a competent authority of a

Member State that gives effect to the Community

legislation referred to in paragraphs (a) or (b).

The provisions of this Act and of any subsidiary legislation

made thereunder shall also apply, in accordance with the provisions

of the 1982 United Nations Convention on the Law of the Sea as

ratified by the Law of the Sea (Ratification) Act, to an exclusive

economic zone area or an environment protection area as defined in

the Exclusive Economic Zone Act. Any artificial island,

installation, structure, equipment or device therein shall, solely for

the purposes of this Act and any subsidiary legislation made

thereunder, be treated as if they were situated in Malta itself.

(1) Whosoever shall knowingly commit any of the

unlawful acts referred to in sub-article (2), shall be guilty of an

offence and shall be liable, on conviction to the punishments set out

in this Act.

(2) For the purposes of this Act, a crime against the

environment means any of the following acts

(a) the discharge, emission or introduction of a quantity of

materials or ionising radiation into air, soil or water,

which causes or is likely to cause the death or grievous

bodily harm to any person or substantial damage to the

quality of air, the quality of soil or the quality of water,

or to animals or plants;

(b) the collection, transport, recovery or disposal of waste,

including the supervision of such operations and the

aftercare of disposal sites, and including action taken

as a dealer or a broker in waste management, which

causes or is likely to cause the death or grievous

bodily harm to any person or substantial damage to the

quality of air, the quality of soil or the quality of water,

or to animals or plants;

(c) the shipment of waste, falling within the scope of

Article 2(35) of Regulation (EC) No. 1013/2006 of the

European Parliament and of the Council of 14 June

2006 on shipments of waste and is undertaken in a

non-negligible quantity, whether executed in a single

shipment or in several shipments which appear to be

linked;

(d) the operation of a plant in which a dangerous activity

is carried out or in which dangerous substances or

preparations are stored or used and which, outside the

plant, causes or is likely to cause the death or grievous

bodily harm to any person or substantial damage to the

quality of air, the quality of soil or the quality of water,

or to animals or plants;

(e) the production, processing, handling, use, holding,

storage, transport, import, export or disposal of

nuclear materials or other hazardous radioactive

substances which causes or is likely to cause the death

or grievous bodily harm to any person or substantial

damage to the quality of air, the quality of soil or the

quality of water, or to animals or plants;

(f)

the killing, destruction, possession or taking of

specimens of protected wild fauna or flora species,

except for cases where the conduct concerns a

negligible quantity of such specimens and has a

negligible impact on the conservation status of the

species;

(g) trading in specimens of protected wild fauna or flora

species or parts or derivatives thereof, unless, it is

proved to the satisfaction of the court that the conduct

concerns a negligible quantity of such specimens and

has a negligible impact on the conservation status of

the species;

(h) any conduct which causes the significant deterioration

of a habitat within a protected site;

(i)

the production, importation, exportation, placing on

the market or use of ozone-depleting substances.

Whosoever, through imprudence or negligence shall

commit an unlawful offence referred to in article 3, shall, on

conviction, be liable -

(a) if the death of any person is caused thereby, to the

punishments established in article 225 of the Criminal

Code increased by one or two degrees;

(b) if any grievous bodily harm with any of the effects

mentioned in article 218 of the Criminal Code is

caused thereby, to imprisonment for a term not

exceeding four years or to a fine (multa) not exceeding

ten thousand euro (€10,000);

(c) if any grievous bodily harm without any of the effects

aforesaid is caused thereby, to imprisonment for a term

not exceeding one year or to a fine (multa) not

exceeding five thousand euro (€5,000);

(d) in any other case, to imprisonment for a term not

exceeding six months or to a fine (multa) not

exceeding one thousand euro (€1,000).

(1) When as a result of the offence referred to in article 3,

a person shall perish, the offender shall be liable to the punishment

of imprisonment for life.

(2) When as a result of the offence referred to in article 3,

grievous bodily harm is caused to any person, the offender shall be

liable to the punishment established for offences of grievous bodily

harm under articles 216 or 218 of the Criminal Code, as the case

may be, increased by one or two degrees according to the gravity of

the offence

Provided that if grievous bodily harm is caused to two or

more persons the punishment laid down in this subarticle shall

apply and shall not be awarded in its minimum.

(3) When as a result of the offence referred to in the last

preceding article, any serious damage is caused to the quality of the

air, soil or water, or to animals or plants, or in any other manner

serious spoil is caused to the environment, the punishment shall be

that of imprisonment for a term from eight months to seven years or

a fine (multa) of not less than twelve thousand euro (€12,000) and

not exceeding two million and five hundred t housand euro

(€2,500,000), or such imprisonment and fine (multa).

(1) The provisions of articles 121D and 248E(4) of the

Criminal Code shall mutatis mutandis apply to any offence under

this Act.

(2) The provisions of article 328K of the Criminal Code shall

also mutatis mutandis apply to any offence under this Act as if the

reference therein to article 328J of the Criminal Code were a

reference to article 121D of the Criminal Code.