CLIMATE ACTION ACT *

CHAPTER 543

CLIMATE ACTION ACT *

To establish a framework for climate action.

7th July, 2015

ACT XVII of 2015, as amended by Acts XXXVI of 2020 and XXXV of

2023.

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

(Article 2)

Greenhouse gases include

(a)

Carbon dioxide (CO 2 )

(b)

Methane (CH 4 )

(c)

Nitrous Oxide (N 2 O)

(d)

Hydro fluorocarbons (HFCs)

(e)

Per fluorocarbons (PFCs)

(f)

Sulphur Hexafluoride (SF 6 )

(g)

Nitrogen trifluoride (NF 3 )

In this Act, unless the contents otherwise require -

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

directly or indirectly to human activity that alters the composition

of the global atmosphere and which is in addition to natural climate

variability observed over comparable time periods;

"climate system" means the totality of the atmosphere,

hydrosphere, biosphere and geosphere and their interactions;

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

precursors into the atmosphere over a specified area and period of

time;

"greenhouse gases" means those gaseous constituents of the

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

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

in the Schedule;

"Minister" means the Minister responsible for Climate Change

policy;

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

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

release a greenhouse gas or a precursor of a greenhouse gas;

"sink" means any process, activity or mechanism which removes

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

aerosol from the atmosphere;

" s o u r c e " m e a n s a n y p r o c e s s o r a c t i v it y w hi c h r e l e a s e s a

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

aerosol into the atmosphere;

"Standing Committee" means the Standing Committee on the

Environment, Climate Change and Development Planning established

in terms of the Development Planning Act;

"UNFCCC" means the United Nations Framework Convention

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

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

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

*

This Act has been repealed by Act XVI of 2024. Vide Regulation 42.

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) The State acknowledges that change in Earth’s climate

and its adverse effects are a common concern of humankind.

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

mitigation of climate change by limiting anthropogenic emissions

of greenhouse gases and protecting and enhancing greenhouse gas

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

and reduction of the adverse impacts of climate change and the

r e d u c t i o n o f v u l n e r a b i l i t y, e n ha n c e m e n t o f r e s i l i e n c e , an d

adaptation to the adverse effects of climate change.

It shall be the duty of every person together with the

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

preventive and remedial measures to protect the climate.

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

climate for the present and future generations.

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

Government shall, inter alia

(a) develop, periodically update and publish national

inventories of anthropogenic emissions by sources and

removals by sinks of greenhouse gases in order to

monitor progress towards achieving its quantified

emission limitation or reduction commitments

pursuant to international treaties and its obligations as

a Member State of the European Union;

(b) formulate, implement, publish and update policies

regarding measures to mitigate climate change by

limiting, and, to the extent possible, reducing

anthropogenic greenhouse gas emissions by sources,

and by enhancing removals of greenhouse gases by

sinks;

(c) formulate, implement, publish and update policies

regarding measures to prevent, avoid, reduce, and

reduce vulnerability and enhance resilience to the

adverse impacts of climate change, and to facilitate

adaptation to climate change;

(d) promote and cooperate in the development, application

and diffusion of technologies, practices and processes

that control, reduce or prevent anthropogenic

emissions of greenhouse gases in all relevant sectors,

including the energy, transport, industry, agriculture,

land-use and forestry, and waste management sectors;

(e) promote

sustainable

management

of

sinks

and

reservoirs of greenhouse gases including all terrestrial,

coastal and marine ecosystems and promote and

cooperate in the conservation and enhancement of

sinks and reservoirs of greenhouse gases including all

terrestrial, coastal and marine ecosystems;

(f)

promote and cooperate in scientific, technological,

technical, socio-economic and other research,

systematic observation and development of data

archives related to the climate system;

(g) promote and cooperate in the exchange of relevant

scientific, technological, technical, socio-economic

and legal information related to the climate system and

climate change, and to the economic and social

consequences of response strategies; and

(h) promote and cooperate in education, training and

public awareness related to climate change.

(3) The Government shall ensure that policies, programmes and

projects are designed and evaluated in a manner that takes into

consideration mitigation of, and adaptation to, climate change and

that such policies, programmes and projects contribute to the

mitigation of, and adaptation to, climate change.

(4) The Government shall ensure that policies, programmes and

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

ensures resilience to the impacts of climate change.

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

obligations under this article, participate, cooperate and support

participation in, international and intergovernmental activities and

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

the Government shall promote activities that relate to climate

action relevant to the Mediterranean region, and shall, as

appropriate, participate, cooperate and support participation in such

activities.

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

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

article and these principles shall be employed in the interpretation

of the other provisions of this Act and any regulations made

thereunder.

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

obligations under this Act

(a) take climate change considerations into account, to the

extent possible, in relevant social, economic and

environmental policies and actions;

(b) take into account its obligations and commitments

pursuant to international treaties and its obligations as

a Member State of the European Union;

(c) take into account the geophysical, social and economic

circumstances of Malta;

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

most cost-effective, using best available technologies

CLIMATE ACTION

and best practices as appropriate to Malta;

(e) ensure that it takes into account the best available

scientific, technological, technical and socio-economic

information;

(f)

ensure that all sectors of society and the economy

participate in national climate action, including in

relevant decisions;

(g) ensure that climate change, environment, conventional

and alternative energy policies and measures are

designed, developed, coordinated and implemented in

the best interests of the environment, the economy,

international and European Union obligations;

(h) ensure that climate action taken respects the interests

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

where relevant, promotes gender equality;

(i)

ensure that data is collected, processed and interpreted

in cognizance of data related to achieving overall

international and European Union obligations in other

areas;

(j)

respect and, to the extent possible, safeguard the

interests of vulnerable sectors of society, including by

taking climate actions that support the eradication of

poverty;

(k) ensure that climate action taken should promote and

enhance the competitiveness of Malta’s economy;

(l)

ensure, to the extent possible, that no conflict exists

between policies and measures adopted in respect of

climate action and other policies and measures;

(m) ensure that it takes precautionary measures to

anticipate, prevent or minimize the causes of climate

change and to mitigate its adverse effects and that

where there are threats of serious or irreversible

damage, the lack of full scientific certainty should not

be a reason for postponing such measures;

(n) ensure that climate action taken contributes to

sustainable development;

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

climate change are harnessed to the benefit of society,

the economy and the environment, to the extent that

such beneficial impacts can reduce vulnerability and

enhance resilience to other adverse impacts of climate

change;

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

consequences of the outcome of that decision

throughout the whole life cycle of that outcome are

taken into consideration; and

(q) ensure adequate information is made available to the

public, to facilitate public participation in respect of

certain plans and programmes relating to the climate

system and ensure adequate access to justice.

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

Minister competent to take cognizance of the matter, and in

consultation with civil society, environmental organizations and the

general public prepare a national low-carbon development strategy

to contribute to

(a) the transparent and accurate monitoring of the actual

and projected progress made by the Government in

fulfilling its obligations under the UNFCCC to limit or

reduce anthropogenic greenhouse gas emissions;

(b) meeting the greenhouse gas emission reduction

commitments of the Government as a Member State of

the European Union; and

(c) achieving long-term emission reductions and

enhancements of removals by sinks in all sectors.

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

development strategy is reviewed and updated periodically, and at

least every five years.

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

low-carbon development strategy and any updates thereof.

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

Minister competent to take cognizance of the matter, and in

consultation with civil society, environmental organizations and the

general public, prepare a national adaptation strategy, to contribute

to

(a) the prevention, avoidance, and reduction of the

adverse effects of climate change, and to facilitate

adaptation to climate change;

(b) the transparent monitoring of progress made by the

Government in reducing vulnerability and enhancing

resilience to the adverse impacts of climate change.

(2) The national adaptation strategy shall also include

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

actual and projected impacts of climate change on Malta.

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

is reviewed and updated periodically, and at least every five years.

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

adaptation strategy and any updates thereof.

(1) The Minister shall lay on the Table of the House, the

National Low-carbon Development Strategy and the National

Adaptation Strategy and their updates, at least once every five years.

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

Representatives the progress registered in meeting the targets set

by the low-carbon development strategy and the national adaptation

strategy.

(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.

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

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

appointed by the Prime Minister in consultation with the Minister

and which shall consist of the following

(a) a chairperson;

(b) a deputy chairperson;

(c) a member representing each of the Ministry

responsible for finance, economic development and

competitiveness, energy, transport, environment,

education, national security and civil protection,

tourism, social policy, european affairs, land use and

development planning policy, health, waste policy,

agricultural policy, consumer affairs and regional

policy; and

(d) a member representing any other Ministry or public

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

for the purpose of this Act

Provided that the Minister may appoint

a

deputy

chairperson who is independent from Government

Provided also that the Minister may allow the Board to

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

performance of its functions as may be necessary.

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

the Board.

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

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

b u t t h e m e m b e r s s o ap p o i n t e d m a y b e r e - a p p o i n t e d o n t h e

expiration of their term of office

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

other members have already been appointed, the term of

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

that of the other members.

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

of the Board, if the person -

(a) is legally incapacitated; or

(b) has been declared bankrupt or has made a composition

or arrangement with his creditors; or

(c) has been convicted of a crime affecting public trust or

theft or fraud or knowingly receiving property

obtained by theft or fraud, or of any offence against

this Act; or

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

activity which is likely to affect the discharge of the

functions as a member of the Board.

(5)

Any member of the Board who has any direct or indirect

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

an interest which disqualifies such member from remaining a

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

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

knowledge; such disclosure shall then be recorded in the minutes of

the meeting, and the member having an interest as aforesaid shall

withdraw from any meetings at which such matter is discussed.

Any such disclosure shall be communicated to the Minister without

delay. Where the interest of the member is such as to disqualify that

memb er from remain ing a memb er, he shall report the fact

immediately to the Minister and tender his resignation.

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

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

well as any additional functions assigned to the Board by the

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

forthwith

Provided that failure to publish the appointment or

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

the validity of such appointment or termination.

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

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

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

Act.

(2)

It shall be the function of the Board

(a) to supervise the implementation of this Act and, or any

regulations made thereunder;

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

under the UNFCCC and its obligations as a Member

State of the European Union;

(c) to advise the Minister on the implementation of this

Act and, or any regulations made thereunder and, or

any international obligations relating to climate action

which the Government may be bound to observe and,

or any obligation relating to climate action which the

Government may be bound to observe as a Member

State of the European Union;

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

low-carbon development strategy, the national

adaptation strategy and any other strategy or policy

which the Minister may issue in terms of this Act or

any regulations made thereunder;

(e) to make recommendations to the Minister on any

matter relating to this Act or any regulations made

thereunder or on any matter relating to climate action;

(f)

to annually report to the Minister on the progress being

registered in the field of climate change;

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

Social Development on any matters relating to this Act

or any regulations made hereunder;

CLIMATE ACTION

(h) to consult with the representatives of two

environmental voluntary organizations, nominated by

registered environmental voluntary organizations in

accordance with the Voluntary Organisations Act, as

their representatives, on any matters relating to this

Act or any regulations made hereunder periodically;

and

(i)

to carry out such other functions as may be assigned to

it by the Minister.

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

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

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

the functions and the activities which affect climate action in

accordance with this Act.

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

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

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

designated authority for the purposes of exercising any duties or

obligations which the Government has under this Act.

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

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

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

the Government for services rendered by it under this

Act, or in respect of any matter for which it is

considered that a fee should be payable;

(b) prescribe measures to mitigate climate change;

(c) prescribe measures to prevent, avoid, reduce, and

reduce vulnerability to and enhance resilience to, the

adverse impacts of climate change and to adapt to

climate change;

(d) prescribe measures for the good governance of climate

mitigation and adaptation measures;

(e) give effect to any international treaty or instrument,

including directives, regulations and decisions,

relating to any matter governed by this Act to which

Malta may be a party or subject from time to time and

to set up structures and make other provisions for the

implementation thereof;

(f)

provide for the collection, processing, comparison and

interpretation of data related to climate action in

cognizance of data related to the local economy and

international and European Union obligations and to

provide that such persons carrying out such activities

that may affect climate as may be prescribed, give

such information and data to the Government on a

regular or other basis as may be prescribed in order for

the Government to take necessary action to harmonise

local policies and measures in contribution to

mitigation and adaptation in climate; and

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

of climate change.

(1) Regulations under article 12 shall not be made unless

the Minister shall have first published a draft thereof in the Gazette

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

representations to the Minister.

(2) The Minister shall consider any representations made under

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

to promulgate such regulations in accordance with such revision, or

to amend any regulations already promulgated.

(3) When the Minister makes regulations concerning the

procedure before any board, commission or other body established

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

body.

Without prejudice to any provision of this Act granting the

Minister the power to make regulations the Minister may, subject to

the provisions of the Exclusive Economic Zone Act, from time to

time, make, amend, substitute or repeal regulations for the purpose of

regulating, prescribing or otherwise providing for any matters

regulated by or under this Act or by or under any subsidiary legislation

made thereunder, in respect of an exclusive economic zone area or an

environment protection area as defined in the Exclusive Economic

Zone Act or any activities therein including, but not limited, to the

applicability or otherwise of this Act and, or of any subsidiary

legislation made thereunder.

(1) Without prejudice to his powers under the provisions

of this Act, the Minister may direct any person or any department,

agency, corporation or authority established by law to carry out any

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

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

this Act or of any regulations made in terms of this Act, and the

Minister may by regulations prescribe and regulate the procedures

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

corporation or authority in exercise of such functions.

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

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

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

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

be followed by them and to the operation and implementation of

their functions, and on any other matter which appears to the

Minister to be connected with climate action, and the entity, officer

or employee concerned shall, as much as possible, without delay

comply with and act in accordance with these directives and orders

and shall conduct their functioning in accordance with these

principles.

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

that he may obtain all information connected with their affairs and

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

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

information connected thereto, or with their functions, and give

him all required facilities to audit all given information, in such

manner and within such times as the Minister may reasonably

require.

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

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

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

this Act to any other Minister.

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

the Minister may make regulations prescribing penalties for

offences against any regulations made under this Act, and such

regulations may

(a) prescribe imprisonment not exceeding four years and

different fines (multi) not exceeding one million euro

(€1,000,000) for different offences;

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

the duration of the commission of the offence, not

exceeding fifty thousand euro (€50,000) for each day

during which the offence continues.

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

Minister may make regulations allowing any person or any

d e p a r t m e n t , a g e n c y, c o r p o r a t i o n o r a u t h o r i t y t o i m p o s e

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

other sanctions on any person, department, agency, corporation or

authority who is in contravention of any provisions of this Act or of

any regulations or directives made thereunder and provide for the

procedure for the imposition and enforcement of such fines which

procedures may include provisions to the effect that any such fines

shall constitute an executive title for the effects and purposes of

Title VII of Part I of Book Second of the Code of Organization and

Civil Procedure.

(1) The Minister, in consultation with the Minister

responsible for Finance, shall by Order establish and maintain a

Climate Action Fund.

(2)

The Climate Action Fund shall be replenished from

(a) revenues accruing to the Government from its

participation in and implementation of market-based

measures relating to climate action adopted pursuant

to international treaties or European Union legislation,

including, inter alia, from the auctioning of allowances

pursuant to Directive 2003/87/EC as may be amended

or replaced from time to time;

(b) revenues generated by the Government through the

implementation of national measures relating to the

reduction or limitation of greenhouse gas emissions;

(c) any donations or grants made to the Fund by

individuals or institutions;

(d) any sums appropriated by Parliament for such purpose;

and

(e) any sums or monies as may from time to time be

provided by or under this Act or any other law.

(3)

(a) The Climate Action Fund shall be administered by a

board of governors that is chaired by the Chairperson

of the Climate Action Board, or the vice chairperson of

the Climate Action Board as his delegate, as appointed

according to article 10(1)(a)

Provided that the member representing the Ministry

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

the Board of Governors ex officio.

(b) The Minister shall by regulation establish

(i)

the composition of the rest of the Board of

Governors of the Climate Action Fund; and

(ii) the Rules of Procedure for the Board of

Governors of the Climate Action Fund.

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

independent and distinct from that of Government and shall be

capable of entering into contracts and of acquiring and transferring

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

ancillary to its functions.

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

be applied to

(a) support the fulfilment of the obligations set out in this

Act and regulations made thereunder;

(b) support the fulfilment of the Government’s obligations

and commitments established by the UNFCCC and

European Union legislation;

(c) the provision of financial support to, and the

promotion, facilitating and financing of the transfer of,

and access to, environmentally sound technologies and

know-how or capacity for national requirements and

developing countries, in accordance with obligations

and commitments of the Government pursuant to

international treaties.

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

be applied to support research and development related to the

climate system or to promote education, training and public

awareness related to the climate system or to finance such other

activities including activities organized by non-governmental

organisations, as the Minister, in consultation with the Board, may

prescribe.

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

year deliver to the Minister a copy of its duly audited balance sheet

together with a report of its activities during the previous financial

year. The Minister shall lay a copy of the balance sheet and of the

report on the Table of the House of Representatives.

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

r e s p o n s i b l e f o r F i n a n c e , m a k e r e g u l a t i o n s p r e sc r i b i n g t h e

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

and otherwise regulating the fund. The Minister may by such

regulations in particular prescribe such functions, activities and

initiatives that may be or are to be financed by the fund.

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

subject to tax under the Income Tax Act.