ENVIRONMENT PROTECTION ACT

CHAPTER 549

ENVIRONMENT PROTECTION 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.

31st January, 2016;

4th April, 2016 *

1st February,2019 †

ACT I of 2016, as amended by Acts XXIII of 2018, XXXVI of 2020 , XXX

and XXXV of 2023 and XVII of 2024.

PART I

Preliminary

The short title of this Act is the Environment Protection Act.

[Article 58(2)]

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

(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;

ENVIRONMENT PROTECTION

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.

ENVIRONMENT PROTECTION

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;

"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.

"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;

* articles 1, 2, 6, 7, 9 to 30 and 35 to 38 were brought into force as from 31st January

2016 by Legal Notice 50 of 2016;

articles 3, 4, 5, 8, 31, 32, 39 to 44, 48 to 87 and the Schedule were brought into

force as from 4th April, 2016 by Legal Notice 106 of 2016.

† articles 45,46 and 47 were brought into force as from 1st February, 2019 by Legal

Notice 37 of 2019

"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

m e a n s a n y a c t i v i t y r e q ui r e d t o m a x i m i z e t h e e n d u r a n c e o r

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;

''guardianship'' and ''guardianship deed'' shall have the same

meaning as assigned to them in article 70A;

"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

Government 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, Climate Change 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 th e Environment and Pl a nn in g Re v iew

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.

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.

PART II

Duty to Protect the Environment

Added by

(articles 6 and 10A)

XXX.2023.10.

Provisions with respect to the Board of the Authority

and the Commission

1. The provisions of this Schedule regulate the procedures to be followed by the

Board of the Authority and by the Commission. Unless the context otherwise requires,

for the purposes of this Schedule, wherever the words "Board of the Authority" are used,

they are to be construed as to include the Commission.

2. The meetings of the Board of the Authority shall be called by the Chairperson,

and the said Board of the Authority shall meet at such times as the Board may decide.

3. The Board of the Authority may act notwithstanding any vacancy amongst its

members, provided there is a quorum present at the meeting.

4. The quorum of the Board of the Authority shall consist of half the number of

the members constituting the Board of the Authority, at the time of the meeting,

including the Chairperson or the deputy Chairperson.

5. The Chairperson or the deputy Chairperson acting in his place, shall have an

original vote, and where the votes are equally divided, he shall have a second or casting

vote. All the members of the Board of the Authority present at its meetings shall cast

their vote in favour or against any motion put to the vote. Decisions shall be adopted by

a simple majority of the votes of the members present.

6. Without prejudice to the provisions of article 13, a member of the Board of the

Authority who has a direct or indirect interest in any matter coming before the Board of

the Authority for its consideration shall, not later than the first meeting held after the

relevant circumstances have come to his knowledge, disclose the nature of his interest.

The said disclosure shall be recorded in the minutes of the meeting and the member

(a)

shall not take part in any discussions or decisions of the Board of

the Authority with respect to that matter; and

(b)

shall be disregarded for the purpose of constituting a quorum for

any such discussions or decisions.

7. All acts done by any person in good faith as a member of the Board of the

Authority shall be valid and effective as if he were a member even if some defect in his

qualification for appointment is subsequently discovered.

8. Subject to the provisions of this Act, including this Schedule, the Board of the

Authority may regulate its own procedures.

9. The meetings of the Board of the Authority shall be open to the public in the

following cases

ENVIRONMENT PROTECTION

(a)

determination of environmental permit applications as the Minister

may prescribe by regulations ;

(b)

reconsideration of environmental permits in accordance with article

62;

(c)

revocation or modification in accordance with article 65;

(d)

reconsiderations in accordance with article 69(6);

(e)

any other decision as the Minister may prescribe.

The Board of the Authority shall allow the applicant and his representative, or any

one of them, and registered interested parties who made representations in accordance

with the provision of article 59(3), to make submissions on any matter under

consideration. The Chairperson, at his absolute discretion, may also allow any other

member of the public to make submissions, subject to the power of the Chairperson to

exclude any member of the public if he deems it necessary to do so for the maintenance

of order and to limit the participation of the applicant and his representative, or of the

registered interested parties who made representations in accordance with the provision

of article 59(3), or the public, as he may deem appropriate

Provided that the Chairperson may, where he deems appropriate, convene and

conduct the meeting of the Board of the Authority through such electronic or other viable

means of communication as he deems appropriate, in which case, the applicant and his

representative, or any of them, and a registered interested party who made

representations in accordance with the provision of article 59(3), and any member of the

public who, in the absolute discretion of the Chairperson, is allowed to make

submissions, shall be allowed to make submissions through such electronic or other

viable means of communication. The Chairperson may take all such measures, deemed

appropriate in his discretion, to ensure the proper conduct of the meeting by electronic or

other viable means. The Chairperson may also consider holding hybrid meetings

whereby Board of the Authority members can attend either physically or by electronic

means

Provided further that in order to allow a member of the public to participate in

the meeting held through electronic or other viable means of communication as

aforesaid, the Chairperson may, through a notice posted on the Authority’s website,

require that anyone interested in participating in the said meeting, to register such

interest, in the manner therein indicated, at least one (1) working day before the date of

the meeting, in order to enable the Chairperson to take any measure he deems

appropriate to allow the participation of the members of the public. Nothing in this

paragraph shall be interpreted as voiding or annulling the procedure or parts thereof,

including any decision taken by the Board of the Authority, should any member of the

public fail to participate in the proceedings, wherever allowed to do so, due to the failure

of the electronic or other viable means used to conduct the meeting or his inability to do

so

Provided further that a member of the public’s attendance or participation

during a meeting of the Board of the Authority shall not be sufficient reason to provide

juridical interest to any person to file an appeal from a decision

ENVIRONMENT PROTECTION

Provided further that in case the Board of the Authority conducts its meeting

through electronic or other viable means of communication, any reference in this

Schedule to a quorum or any reference made to the presence of or voting by the members

of the Board of the Authority at the meeting shall be construed accordingly

Provided further that meetings of the Board of the Authority held through

electronic or other viable means of communication in accordance with this paragraph

shall have the same effect at law as if the said meetings were held physically.

10. Minutes of meetings held in public shall be made available to the public on the

Authority’s website.

11. Meetings of the Board of the Authority where the Directorates are providing

information to the Board of the Authority do not need to be held in public but votes may

not be taken.

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

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

t a k i n g o f p r e v e n t i v e a n d r e m ed i a l m ea s u r es t o p r o t e c t t h e

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

enforceable in any court, but the principles therein contained are,

this 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 nine (9) and not more than eleven (11), 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) three (3) public sector officials having experience or

qualifications in matters concerning the environment,

environmental health, social policy, or resources;

(b) seven (7) 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 he

(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 in the

public sector.

(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 provisions of the Second Schedule shall apply to the

Board of the Authority and regulate its proceedings.

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

and relative enclosures of its meetings to the Minister for his

information.

(11) The Minister, in consultation with the Chairperson of the

Authority, shall appoint a secretary to assist the Authority. The

secretary shall have the duty of calling meetings of the Board of the

Authority and keeping respective minutes thereof and assume such

other duties as the Chairperson of the Authority may assign to him.

(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,

ENVIRONMENT PROTECTION

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;

(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.

(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 Governm ent’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 r ight to retract such

delegation at its sole discretion with immediate effect.

The Authority may, with the approval of the Minister,

a p p o i n t ad v i s o r y b o a r d s a n d c o m m i t t e e s t o as s i s t i t i n t h e

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) There shall be a Commission, to be known as the

Environmental Commission, which shall consist of four (4) members.

(2)

The members of the Commission shall be persons of known

integrity and appointed by the Minister as follows

(a)

one (1) of the members of the Board of the

Authority who shall chair the Commission;

(b)

one (1) person with experience or qualifications

in matters concerning the environment;

(c)

one (1) person with experience or qualifications

in law or law enforcement; and

(d)

one (1) person representing the interests of

environmental voluntary organisations, who shall be chosen from

amongst a number of persons nominated by the said voluntary

organisations.

(3)

The members of the Commission shall hold office for a

period of three (3) years. They shall be eligible for re-appointment for

another term of three (3) years. Members may resign by letter

addressed to the Minister.

(4)

The functions of the Commission shall be such functions

which the Board of the Authority may, from time to time, delegate to it

and require it to perform, subject to such conditions as the Board of the

Authority may deem appropriate.

(5)

Any decision taken by the Commission shall be deemed to

be, and shall have the same force and effect as, the decisions of the

Board of the Authority, except in respect of matters which the Board of

the Authority expressly reserves to itself or requires to be referred to it

for determination, and the phrase "decision of the Board of the

Authority", wherever it occurs in this Act, shall be construed

accordingly.

(6)

The decisions of the Commission shall only be binding if

they are supported by the votes of not less than two (2) of its members.

(7)

The Commission shall communicate to the Chairperson of

the Authority a copy of its decisions and the relative deliberations

leading to its decisions, as soon as practicable after the meeting at

which the decisions are taken.

(8)

Subject to the foregoing provisions and to the Second

Schedule, and to any rules that may be prescribed by the Board of the

Authority, the Commission may regulate its own procedures.

(9) The secretary of the Authority or his representative shall also

assist the Commission. The secretary shall have the duty of calling the

meetings and keeping the minutes and assume such other duties as the

Chairperson of the Authority may delegate to him.

(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 other

enactment applicable thereto, and without prejudice to the other

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 the

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

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

to 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 Widows’ and Orphans’ Pensions Act, and saving the

provisions of 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 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

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

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

the 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 M inister, 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 consultation

with the Minister, make advances to the Authority of 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

suc h t erm s and con dit io ns as h e m ay, af ter con sult atio n 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

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

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

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

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

s u c h e s t i m a t e s t o b e l a i d o n t h e Ta b l e o f t h e H o u s e o f

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

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

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

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

for 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

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

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

being in force in Malta.

2. Committees, Boards and Funds

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.

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

to as the Environment Fund.

(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 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.

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

to tax under the Income Tax Act and the Environment Fund shall

not 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

shall be to evaluate applications for registration in the Register of

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

*not yet in force.

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,

*not yet in force.

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

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

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

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

to 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

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

Executive Officer and each Director of the Authority or any other

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

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.

(1) 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

f r e e l y a n d e ff e c t i v e l y, i n s u c h m a n n e r a s i f i n s t e a d o f t h e

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.

(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.'

(1) 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 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.

(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.

(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

protection and effective management of the environment shall be

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

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

Minister, make a plan or a policy on any matter relating to the

environment.

(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 this

Act, the Minister may direct that the Authority or any department,

entity, corporation or authority established by law to 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

Environment. In preparing such document the Authority shall consult

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

w i t h s u c h a m e n d m e n t s , i f a n y, a s m a y b e s p e c i f i e d i n t h e

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

environmental policy or matter setting out detailed specifications

for 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

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

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 and

effective management and protection of the environment or for 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

r e f e r i t t o t h e Mi n i s t e r f o r h i s a p p r o v a l a n d t h e p r o c e d u r e

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

ENVIRONMENT PROTECTION

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

ENVIRONMENT PROTECTION

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,

ENVIRONMENT PROTECTION

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

ENVIRONMENT PROTECTION

(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

ENVIRONMENT PROTECTION

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;

(dd) subject to the provisions of the Exclusive Economic

Zone Act, regulate, prescribe or otherwise provide 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.

(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 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.

Wi t h o ut p r e j u d i c e t o t h e g e n e r a l i t y o f t h e f o r e g oi n g , s u c h

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 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

First 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.

(3)

Any person may declare an interest in those applications for

authorisations falling under this article and which the Minister, by

virtue of regulations, identifies for this purpose and, on the basis of

issues relevant to the environment, make representations on such

application. The said declaration of interest and the representations

shall be in writing and are to be received by the Board of the Authority

within such period as established by regulations prescribed by the

Minister. A declaration that is not submitted within this stipulated

period shall be considered null and may not be considered by the

Board of the Authority.

(4)

During the processing of the application, the Board of the

Authority shall consider representations made by registered interested

parties in accordance with the provisions of sub-article (3).

(5)

The Board of the Authority shall inform the registered

interested parties of the Board of the Authority’s sitting when such

application shall be discussed

Provided that such representations may be made in any

format deemed appropriate by the Board of the Authority, and shall

include representations received by post or by hand and those

submitted electronically

Provided further that if the last day for submissions of

representations as set out by the Board of the Authority is a public

holiday or a day when the offices of the Authority are closed to the

public, the time limit for such submissions shall be deemed to expire

the next following working day.

(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 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

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.

(1) Any aggrieved party may appeal from any decision of

the Authority to the Tribunal in accordance with the provisions of

the Environment and Planning Review Tribunal Act and any

regulations made thereunder.

(2) A registered interested party in accordance with the provision

of article 59(3) may file an appeal from a decision of the Board of the

Authority or of the Commission relating to an environmental permit

with the Tribunal according to the Environment and Planning Review

Tribunal Act.

(1) An environment obligation may be entered into in

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 -

(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 (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

r e s p e c t o f a n y a u t h o r i s a t i o n t o c a r r y o u t a n a c t i v i t y, o r

environmental 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

authorised by an order shall be carried out, unless and until any fee

or 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

review, a list of protected areas, habitats and species which are to be

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

regulations introduce measures relative to the liability to be

incurred 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.

5. Guardianship

(1)

The Minister may, with the prior approval in writing

of the Minister responsible for lands, enter by public deed, into a

guardianship contract with a local council or with a non-governmental

organisation whereby the custody and administration of immovable

property is passed over to the local council or non-governmental

organisation, as the case may be, so that it may be used to secure an

environmental objective such as those set in article 4, and in accordance

with the provisions of this Act and of such regulations as may be

prescribed and with such conditions not inconsistent therewith as may

be included in the deed. The guardianship deed shall state the term for

which it is entered following careful consideration of the feasibility and

scale of undertaking of each proposal.

(2)

The Minister shall, however, within four weeks after its

publication or if the House is not then in session, within four weeks of

the date when the House next meets, lay a copy of the guardianship deed

on the Table of the House, and the guardianship deed shall be subject to

the condition that if on a motion tabled not later than twenty eight days

after the laying on the Table of the House of the copy of the

guardianship deed, the House resolves that the guardianship deed shall

be rescinded, the deed shall be automatically rescinded upon the passage

of the resolution.

(3)

Before entering a guardianship deed, the Minister shall seek

the views of the Authority as to the conditions to be included in the

guardianship deed; such conditions shall in particular address the

following matters

(a)

the measures that are to be taken to attain the

environmental objective for which the guardianship agreement is

intended;

(b)

the organisational, operational and financial

arrangements in connection therewith, and the organisational,

operational and financial resources to be dedicated therefor.

(4)

A guardianship deed shall not prejudice any powers of any

public authority under this Act with regard to the immovable property

subject to the guardianship deed.

(5)

The property subject to the guardianship deed shall remain

the property of the Government.

(6)

The Minister after consulting the Authority may at any time

by Order in the Gazette rescind a guardianship deed if any conditions

stipulated therein or the provisions of this Act or of any regulations

made thereunder are not observed by the other party.

(7)

Not later than six weeks after each anniversary of a

guardianship deed the party in whose custody the immovable property is

placed shall transmit to the Minister and the Authority a report of its

activities in relation to the immovable property and on the way it has

executed the guardianship deed during the previous year. A copy of such

report shall be laid on the Table of the House by the Minister.

(8) The Minister may make regulations generally prescribing rules

in relation to guardianship.

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

falling within the scope of this Act, particularly for the purposes of

environmental surveys, audits and assessments and of ensuring

compliance with t he r equiremen ts o f thi s Act a nd w ith th e

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

a n y a c t i v i t y, a s p e c t o r a u t h o r i s a t i o n f o r t h e p u r p o s e s o f

environmental surveys and audits and of compliance with

legislation and authorisations.

The Authority may also undertake a review of any such

activities carried out before the coming into force of this Act, or

any 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 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, Community Officers, 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

acti vit y or on al l a s th e A uthority d eems most expedie nt 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

Provided that where the Authority believes that there is an

imminent danger to the environment, an emergency order, which is

effective immediately, may be served on the above indicated

persons

Provided further that an appeal from an emergency order or

the submission of an application for an authorisation on the land to

which the emergency order relates shall not stay the effect of the

emergency order or the Authority from executing it.

(4) The Authority shall register all stop and all compliance orders

in an index held for that purpose which identifies the site subject to

that order. The said index shall be held in an electronic form in such a

way that researches to determine whether a site is subject to an order

may be carried out.

(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

p r o c e e d i n g s ; a n d i f t h e Tr i b u n a l i s s a t i s f i e d t h a t n o s u c h

auth orisati on exist s, in terms of wh ich and in terms of th e

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

discontinuance, stoppage, removal or remediation or similar

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

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

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

fram e stipulated in sub-article (7), an y 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

Act, and without prejudice to the Authority’s powers set out in

article 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 in the

exercise of its powers or any other amount due to the Authority under

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 in any manner for the acts

mentioned in the order, including an order for payment, or from an

applicant, subject to such right of recovery that 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

penalty upon any person who infringes or fails to comply with -

(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 om issions r equ ired by t he

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

h a s b e e n i s s u e d f i l e s a n a p p e a l b e f o r e t h e Tr i b u n a l a n d ,

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 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

impose on-the-spot fines, not exceeding a maximum amount of one

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

69 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 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

Probation Act shall not apply to any offences referred to in this

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

o ut of th is A ct or of an y regu lati ons, rul es or o rd ers m ade

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 be

established by notice in the Gazette repeal the Environment and

D e v e l o p m e n t P l a n n i n g A c t a n d d i ff e r e n t d a t e s , r u l e s a n d

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

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,

ri ghts, liabi lities and obligations of the Environm ent 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.

With effect from the coming into force of the Environment

Protection (Amendment) Act, 2024

(a)

any pending legal proceedings with regard to the

2024. 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)

2024. Act, 2024 shall not be affected by 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.