CLIMATE ACTION ACT

CHAPTER 643

CLIMATE ACTION ACT

AN ACT to establish a legal framework for climate action and

to provide for the establishment of a body corporate to be known as

the Climate Action Authority and to provide for any matter which is

related or ancillary thereto.

4th October, 2024

ACT XVI of 2024.

PART I

PRELIMINARY

(1)

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

(2)

The scope of this Act is to establish a framework for

climate action and to provide for the establishment of a body

corporate that shall be known as the Climate Action Authority that

shall be the national competent authority responsible for the exercise

of climate action, to co-ordinate and oversee mitigation and adaptation

policy and measures and any matters ancillary thereto or connected

therewith and to provide for the reporting of such climate action, as

required.

(article 2)

Greenhouse gases include

(a)

Carbon dioxide (CO 2 );

(b)

Methane (CH 4 );

(c)

Nitrous Oxide (N 2 O);

(d)

Hydrofluorocarbons (HFCs);

(e)

Perfluorocarbons (PFCs);

(f)

Sulphur Hexafluoride (SF 6 );

(g)

Nitrogen trifluoride (NF 3 ); and

any other designated greenhouse gas as established by the Minister

by any regulations.

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In this Act, unless the context otherwise requires

"adaptation" means human-driven adjustments in

ecological, social or economic systems or policy processes, in

response to actual or expected climate stimuli and their effects

or impacts;

"Authority" means the Climate Action Authority

established by article 9 and includes any body or other person

acting on its behalf in terms of powers delegated by the Board

under this Act;

"Board" means the Board of the Authority appointed in

accordance with article 9;

"Chairperson" means the Chairperson of the Climate

Action Authority and includes, in the circumstances mentioned

in article 3(3), the Deputy Chairperson or other person

appointed to act as Chairperson;

"climate" includes water scarcity, droughts and energy;

"climate change" means a change of climate which is

attributed directly or indirectly to human activity that alters the

composition of the global atmosphere and which is in addition

to natural climate variability observed over comparable time

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periods;

"climate system" means the totality of the atmosphere,

hydrosphere, biosphere and geosphere and their interactions;

"Chief Executive Officer" means the Chief Executive

Officer appointed in accordance with article 12(2);

"emissions" means the release of greenhouse gases and,

or their precursors into the atmosphere over a specified area and

period of time;

"financial year" means a period of twelve (12) months

that starts to run from 1st January and ends on the 31st

December of a particular year

Provided that the first financial year of the

Authority shall begin on the coming into force of this Act and

shall end on the 31st December of the following year;

"greenhouse gases" means those gaseous constituents of

the atmosphere, both natural and anthropogenic, that absorb and

re-emit infrared radiation, and shall include inter alia, the gases

listed in the First Schedule;

"Member State" means a Member State of the European

Union;

"Minister" means the Minister responsible for climate

action policy;

"mitigation" means human interventions to reduce the

emissions of greenhouse gases by sources or enhance their

removal from the atmosphere by sinks;

"National Climate Action Council (NCAC)" or

"Council" mean the Council appointed in terms of article 25;

"National Energy and Climate Plan" means a 10-year

national energy and climate plan (NECP) which outlines how the

EU countries intend to meet the EU energy and climate targets

for 2030;

"national adaptation strategy" means a strategy that

seeks to address recommendations in various sectors which are

vulnerable to climate change and is a plan which sets

overarching direction for all work to increase resilience to the

impacts of climate change.

"national long-term strategy" means the strategy to

achieve the greenhouse gas emissions reductions required to

meet Malta’s commitments under the multilateral legal

instruments to which Malta is a party, EU objectives and

national legal instruments;

"Paris Agreement" means the Paris Agreement which

entered into force on 4 th November 2016;

"public officer" in relation to article 15, has the same

meaning assigned to it by article 124 of the Constitution but

shall not include a Judge or a Magistrate;

"reservoir" means a component of the climate system,

other than the atmosphere, which has the capacity to store,

accumulate or release greenhouse gases or precursors of

greenhouse gases;

"sink" means any process, activity or mechanism which

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

greenhouse gas or an aerosol from the atmosphere;

"source" means any process or activity which releases

greenhouse gases, aerosols or precursors of greenhouse gases or

aerosols into the atmosphere;

"Standing Committee" means the Standing Committee

on the Environment, Climate Change and Development

Planning established under the Development Planning Act;

"Treaty" means the Treaty on the Functioning of the

European Union;

"Tribunal" means the Administrative Review Tribunal

established by article 5 of the Administrative Justice Act;

"UNFCCC" means the United Nations Framework

Convention on Climate Change which entered into force on

21st March 1994;

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

meaning as the definition "the European Union" in the

European Union Act.

"undertaking" means any person whether an individual,

a body corporate or unincorporate or any other entity, pursuing

an economic activity, and includes a group of undertakings.

(article 43)

Subsidiary legislation deemed to have been made under this Act

SUBSIDIARY

CURRENT

NEW RE-NUMBERING TO BE

LEGISLATION

NUMBERING

GIVEN

Lifecycle

Greenhouse Gas

Emissions from

Fuels

Regulations

European Union

Greenhouse Gas

Emissions

Trading System

for Stationary

Installations

Regulations

European Union

Greenhouse Gas

Emissions

Trading System

for Aviation

Regulations

National System

for the

Estimation of

Anthropogenic

Greenhouse Gas

Emissions by

Sources and

Removals by

Sinks

Regulations

(1)

The State acknowledges that change in Earth’s

climate and its adverse effects are a common concern of human kind.

(2)

This Act provides for action in order to contribute to the

mitigation of climate change by

(a)

limiting anthropogenic emissions of greenhouse

gases and protecting and enhancing greenhouse gas sinks and

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reservoirs;

(b)

contributing to the prevention, avoidance and

reduction of the adverse impacts of climate change and the

reduction of vulnerability, enhancement of resilience, and

adaptation to the adverse effects of climate change; and

(c)

any appropriate action for the governance of

climate action in relation to sub-paragraphs (a) and (b).

(3)

The Government shall ensure that all necessary actions are

undertaken to achieve climate neutrality by 2050.

It shall be the duty of every person together with the

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

preventive and remedial measures to protect the climate.

(1)

It shall be the duty of the Government to protect the

climate for the present and future generations.

(2)

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

Government shall, inter alia

(a)

develop, periodically update and publish national

inventories of anthropogenic emissions by sources and

removals by sinks of greenhouse gases in order to monitor

progress towards achieving its quantified emission limitation or

reduction commitments pursuant to international treaties and its

obligations as a Member State of the European Union;

(b)

formulate, implement, publish and update

policies regarding measures to mitigate climate change by

limiting and, to the extent possible, reducing anthropogenic

greenhouse gas emissions by sources, by enhancing removals of

greenhouse gases by sinks and setting sectoral targets as

appropriate;

(c)

formulate, implement, publish and update

policies regarding measures to prevent, avoid and reduce

vulnerability while enhancing resilience to the adverse impacts

of climate change. As a result this shall facilitate adaptation to

climate change. This adaptation may also be supported by

sectoral specific targets as appropriate, following the necessary

consultations.

(d)

promote and cooperate in the development,

application and diffusion of technologies, practices and

processes that control, reduce or prevent anthropogenic

emissions of greenhouse gases in all relevant sectors, including

the energy, transport, industry, agriculture, land-use and

forestry and waste management sectors;

(e)

promote sustainable management of sinks and

reservoirs of greenhouse gases, including all terrestrial, coastal

and marine ecosystems and promote and cooperate in the

conservation and enhancement of sinks and reservoirs of

greenhouse gases, including all terrestrial, coastal and marine

ecosystems;

(f)

promote

and

cooperate

in

scientific,

technological, technical, socio-economic and other research,

systematic observation and development of data archives

related to the climate system;

(g)

promote and cooperate in the exchange of

relevant scientific, technological, technical, socio-economic

and legal information related to the climate system and climate

change, and to the economic and social consequences of

response strategies;

(h)

promote and cooperate in education, training and

public awareness related to climate change; and

(i)

ensure that the Authority shall have the

adequate human and financial resources to fulfil its functions

as assigned to it under this Act.

(3)

The Government shall ensure that policies, programmes and

projects are designed and evaluated in a manner that takes into

consideration mitigation of, and adaptation to climate change, and that

such policies, programmes and projects contribute to the mitigation of,

and adaptation to climate change.

(4)

The Government shall ensure that policies, programmes and

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

resilience to the impacts of climate change.

(5)

The Government shall, in fulfilling its duties and obligations

under this article, participate, cooperate and support participation in,

international and intergovernmental activities and programmes related

to climate action, as appropriate. In particular, the Government shall

promote activities that relate to climate action relevant to the

Mediterranean region, and shall as appropriate, participate, cooperate

and support participation in such activities.

(1)

The Government shall, in exercising its duties and

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

article and these principles shall be employed in the interpretation of

the other provisions of this Act and any regulations made thereunder.

(2)

The Government shall, in fulfilling its duties and obligations

under this Act

(a)

take climate change considerations into account,

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to the extent possible, in relevant social, economic and

environmental policies and actions;

(b)

take into account its obligations and

commitments pursuant to the applicable multilateral legal

instruments and its obligations as a Member State of the

European Union;

(c)

take into account the geophysical, social and

economic circumstances of Malta;

(d)

ensure that actions taken are, to the extent

possible, the most cost-effective, using the best available

technologies and best practices as appropriate to Malta;

(e)

ensure that it takes into account the best available

scientific, technological, technical and socio-economic

information;

(f)

ensure that all sectors of society and the economy

participate in national climate action, including in relevant

decisions;

(g)

ensure that climate change, environmental and

energy policies and measures are designed, developed,

coordinated and implemented in the best interests of the

environment, the economy and international and European

Union obligations;

(h)

ensure that climate action taken respects the

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

where relevant, promotes gender equality;

(i)

ensure that data in relation to climate action is

collected, processed and interpreted in cognizance of data

related to achieving overall international and European Union

obligations in other areas;

(j)

respect and, to the extent possible, safeguard the

interests of vulnerable sectors of society, including by taking

climate actions that support the eradication of poverty;

(k)

ensure that climate action taken shall promote and

enhance the competitiveness of Malta’s economy;

(l)

ensure, to the extent possible, that no conflict

exists between policies and measures adopted in respect of

climate action and other policies and measures;

(m) ensure that it takes precautionary measures to

anticipate, prevent or minimize the causes of climate change

and to mitigate its adverse effects and that where there are

threats of serious or irreversible damage, the lack of full

scientific certainty shall not be a reason for postponing such

measures;

(n)

ensure that climate action taken contributes to

sustainable development;

(o)

ensure that, where relevant, any beneficial

impacts of climate change are utilised to the benefit of society,

the economy and the environment, to the extent that such

beneficial impacts may reduce vulnerability and enhance

resilience to other adverse impacts of climate change;

(p)

ensure that, prior to taking any decision, all the

consequences of the outcome of that decision throughout the

whole life cycle of that outcome are taken into consideration;

and

(q)

ensure adequate information is made available to

the public, to facilitate public participation in respect of certain

plans and programmes relating to the climate system and ensure

adequate access to justice.

(1)

The Minister shall, in consultation with any other

Minister competent to take cognizance of the matter, and in

consultation with stakeholders and the general public, prepare a

national long-term strategy and the National Energy and Climate Plan.

(2)

The Minister shall make available to the public the national

long-term strategy, the National Energy and Climate Plan and any

updates thereof.

(1)

The Minister shall, in consultation with any other

Minister competent to take cognizance of the matter, and in

consultation with social partners, civil society, non-governmental

organizations and the general public, prepare a national adaptation

strategy, to contribute to

(a)

the prevention, avoidance and reduction of the

adverse effects of climate change and to facilitate adaptation to

climate change;

(b)

the transparent monitoring of progress made by

the Government in reducing vulnerability and enhancing

resilience to the adverse impacts of climate change.

(2)

The national adaptation strategy shall also include

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

actual and projected impacts of climate change on Malta.

PART II

ESTABLISHMENT, FUNCTIONS AND CONDUCT

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OF AFFAIRS OF THE AUTHORITY

(1)

There shall be an Authority which shall be known as

the Climate Action Authority, that shall be responsible for the regulation

regarding climate related matters and the protection of the climate in

Malta.

(2)

There shall be a Board, to be known as the Climate Action

Authority Board which shall consist of a Chairperson and not less than

four (4) and not more than six (6) other members.

(3)

The members of the Authority shall be appointed by the

Minister for a term of not more than six (6) years. If this period is for

less than the stipulated six (6) years, no member shall in aggregate be a

member of the Authority for an ulterior period.

(4)

The Minister may designate one (1) of the other members of

the Authority as Deputy Chairperson and the member so designated

shall have the powers to perform all the functions of the Chairperson

during his absence or inability to act as Chairperson, or while the

Chairperson is on vacation, or during any vacancy in the office of the

Chairperson. The Minister may also, in any of the circumstances

aforesaid, appoint another person to act as Chairperson and in such

case the foregoing provisions shall apply in respect of such person.

(5)

A person shall not be qualified to hold office as a member of

the Authority if he is

(a)

a Minister or a Parliamentary Secretary;

(b)

a Member of the House of Representatives;

(c)

a Member of the European Parliament;

(d)

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.

(6)

At least two (2) of the members of the Authority shall be

persons who have knowledge or experience in matters concerning

climate change and climate related matters.

(7)

Subject to the provisions of this article, the office of a

member of the Authority shall become vacant

(a)

at the expiration of his term of office; or

(b)

if any circumstances arise that, if he were not a

member of the Authority, shall cause him to be disqualified for

such appointment.

(8)

A member of the Authority may be removed from office by

the Minister if, in the opinion of the Minister, such member is unfit to

continue in office or has become incapable of properly performing his

duties as a member, including the reasons specified in sub-article (10).

(9)

If a member resigns or if the office of a member of the

Authority is otherwise vacant, or if a member is for any reason unable

to perform the functions of his office, the Minister may appoint a

person who is qualified to be appointed as a temporary member of the

Authority, and any person so appointed shall, subject to the provisions

of sub-articles (6) and (7), cease to be such a member when a person

has been appointed to fill the vacancy or, as the case may be, when the

member who was unable to perform the functions of his office resumes

those functions.

(10) Any member of the Authority who has any direct or indirect

interest in any contract entered into or proposed to be entered into by

the Authority, not being an interest which disqualifies such member

from remaining a member, shall disclose the nature of his interest at

the first meeting of the Authority after the relevant facts have come to

his knowledge. Such disclosure shall be recorded in the minutes of the

Authority and the member having an interest as aforesaid shall

withdraw from any meeting during which such contract is discussed.

Any such disclosure shall be communicated to the Minister without

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

from remaining a member, he shall report the said fact immediately to

the Minister and tender his resignation

Provided that, wherever no conflict shall arise with regard to

the obligations and functions of the Authority, the member shall act in

full respect of the principles established under article 6 of this Act.

(11) The meetings of the Board shall be called by the

Chairperson as often as may be necessary, either of one’s own motion

or at the request of two (2) or more members of the Board

Provided that the Board shall meet as often as may be

necessary, but not less than once (1) every month.

(12) (a)

The Chairperson and at least two (2) other members

of the Board shall form a quorum. Decisions shall be adopted by a

simple majority of the votes of the members present and who have a

vote

Provided that without prejudice to the other requirements of

this Act, no decision shall be valid which is not supported by at least

two (2) members of the Board.

(b)

Each member of the Board shall be entitled to one

(1) vote

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Provided that the Chairperson shall have an initial vote and

in the event of an equality of votes, a casting vote.

(13) Without prejudice to the provisions of this Act, the Board

may regulate its own procedure.

(14) Without prejudice to the foregoing provisions of this article,

no act or proceeding of the Board shall be invalidated merely by

reason of the existence of any vacancy among its members.

(15) All acts done by any person acting in good faith as a

member of the Board shall be valid notwithstanding that some defect

in his appointment or qualification is discovered subsequent to any act

or proceeding of the Board. No act or proceeding of the Board shall be

contested by a member on the ground of any breach of sub-article (9)

by any member.

(16) In determining policies, the Board shall follow the policy

guidelines as may be set out by the Minister. The Board shall also be

responsible for advising the Government in furtherance of the

functions and in the attainment of the objectives of the Authority in

terms of this Act.

(17) (a)

Every Ministry shall have a Climate Action

Coordinator who shall provide the competent authority with any input

it may require in fulfilment of its functions listed in article 10. Such

input shall be in a consolidated format reflecting the approved position

of the Ministry.

(b)

The Permanent Secretary within each Ministry

shall be the Climate Action Coordinator of such Ministry.

(c)

Every head of an authority, agency, entity or

department within Government Ministries which are considered

relevant to climate action, as identified by the Minister

responsible for climate action, shall be a person of reference

who assists the Coordinator.

(d)

The Coordinator within a Ministry which is

considered relevant to climate action shall be responsible to

develop plans, measures and climate related actions of the

concerned Ministry, as required and in accordance with article

(e)

The competent authority shall have the power to

request any information directly from the Coordinator.

(f)

Each entity mentioned in paragraph (c) shall state

in a special section of its annual report

(i)

the specific objectives which have been set

to achieve alignment with the national policies including

the strategies and plans and its contributions towards the

implementation of the said policies; and

(ii)

the specific activities or interventions it

has undertaken to achieve the objectives referred to in

paragraph (d) and to list and quantify the benefits

accrued by it

Provided that the Principal Permanent Secretary

shall have the power to request the competent authority to

review, from time to time, any such report insofar as related to

the provisions of this Act.

10. (1)

The Authority shall have the following functions

(a)

to set national or sector-specific targets in

consultation with the respective Ministries aligned with the

overall objectives of this Act and any other legislation

relevant to this Act;

(b)

to ensure that all policy and legislation having a

direct impact on climate change is consulted on with the

Authority or with a specifically set up committee of the said

Authority. In the consultations, the entity responsible for

drafting the policy or proposed legislation shall establish the

main objective of the proposal and identify specific aspects

of the proposed policy or legislation;

(c)

to establish policies that shall be pursued by the

Authority in consultation with the Board;

(d)

design and develop incentives and measures within

the scope of this Act;

(e)

to lead and coordinate projects relating to climate

action across Ministries;

(f)

to design, develop and manage a sustained

knowledge, education, information and communications

framework directed to influence behaviour with regard to

climate action;

(g)

to implement those mechanisms relating to

climate action that the Minister may deem appropriate to

assign to the Authority and which are established under

multilateral legal instruments and, or EU legal instruments;

(h)

to ensure the carrying out of the appropriate

communication of those reporting obligations relating to

climate action that the Minister may deem appropriate to

assign to the Authority and which are established under

multilateral legal instruments and, or EU legal instruments;

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(i)

to prepare the national long-term strategy for

Government’s approval;

(j)

to prepare the national adaptation strategy for

Government’s approval;

(k)

to prepare and update the National Energy and

Climate Plan for Government’s approval;

(l)

to prepare any other plans that the Minister may

direct;

(m) to provide for the collection, processing,

comparison and interpretation of data related to climate

action in cognizance of data related to the local economy and

international and European Union obligations, and also to

provide that such persons carrying out such activities that

may affect climate as may be prescribed, report such

information and data to the Government on a regular or other

basis as may be prescribed in order for the Government to

take necessary action to harmonise local policies and

measures in contribution to mitigation and adaptation in

climate

Provided that for the purposes of paragraphs (i),

(j) and (k) the Authority shall follow mutatis mutandis the

procedure for public consultation stipulated in terms of article

28

Provided further that the Minister may by order

assign to the Authority any other functions consistent with this

Act.

(2)

The provisions of this article shall be without prejudice to

the exercise of the functions of any authority established by, or under

any law in relation to public health, the environment, or any other

matter falling within the functions of any such authority.

(3)

The Authority may require any undertaking to provide it

with any 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, 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 penalty, as may be prescribed by

the Authority.

(1)

In the pursuance of its functions under this Act, the

Authority shall seek to act in the public interest and in line with the

best practices and standards.

(2)

The Authority shall have the power to regulate its own

conduct including its own administrative procedures.

(3)

The Authority shall execute its duties, functions and

responsibilities in accordance with Government’s strategic directions

relating to climate change in accordance with the policy of the

Government.

(1)

Subject to the other provisions of this Act, the affairs

and business of the Authority shall be the responsibility of the said

Authority provided that, the executive conduct of the Authority, its

administration and organisation and the administrative control of its

officers and employees shall be the responsibility of the Chief

Executive Officer of the Authority, who shall also have such other

powers, as may from time to time be delegated to him by the

Authority.

(2)

There shall be a Chief Executive Officer appointed by the

Board following approval by the Minister, who shall be responsible for

exercising the functions made by, or under this Act, as well as those

functions assigned to him by the Board

Provided that the first Chief Executive Officer shall be

appointed by the Minister.

(3)

The Chief Executive Officer may exercise any one (1) or

more of the functions or responsibilities either directly or through the

employees or officers within the directorates, units, divisions and

sections which he may set up, from time to time, in order to assist him

in carrying out effectively and efficiently the duties assigned to him

under this Act.

(4)

The Chief Executive Officer may appoint any consultants to

assist him in the performance of the duties assigned to him under this

Act.

(5)

The Chief Executive Officer or his representative shall have

the right to be present and participate at all meetings of the Board

Provided that the Chief Executive Officer shall not be

present during meetings of the Board or any part thereof in cases of

potential or actual conflict of interest, which he shall be obliged to

disclose, immediately as he becomes aware of such conflict.

(6)

The Chief Executive Officer and, or any person assisting

him in the carrying out of his duties assigned to him under this Act,

shall not be personally liable for any damages caused to any person or

any property as a result of the performance of their duties, unless it is

proven that such damage resulted from bad faith on their part.

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(1)

The Minister may, in relation to matters that may

appear to him to affect the public interest, from time to time, give to

the Authority directions in writing of a general character, not

inconsistent with the provisions of this Act, on the policy to be

followed in the carrying out of the functions vested in the Authority

by, or under this Act. The Authority shall, as soon as may be possible,

give effect to all such directions.

(2)

The Authority shall afford to the Minister the faculty to

obtain information with respect to its property and activities and

furnish him with returns, accounts and other information with respect

thereto, and afford to him the faculty to verify information furnished,

in such manner and at such times as he may reasonably require.

(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 matters 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 Chief Executive Officer

Provided that the Authority may appoint any one (1) or

more of its members or of the officers or employees of the Authority to

appear in the name and on behalf of the Authority in any judicial

proceedings and in any act, contract, instrument or other document

whatsoever

Provided further that in respect of any matter falling within

the functions vested assigned to the Chief Executive Officer, the legal

and judicial representation of the Authority shall also vest in the head

of the Directorate or in such other member, officer or employee of the

Authority, as the Authority may appoint or authorise for the purpose.

PART III

OFFICERS AND EMPLOYEES OF THE AUTHORITY

(1)

The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may determine,

such officers and employees of the Authority, as may from time to time

be necessary, for the due and effective discharge of its functions, in

accordance with directives issued under the Public Administration Act.

(2)

In accordance with the provisions of the Public

Administration Act or with the approval of the Prime Minister, the

Authority may request, after consultation with the Minister, that any

public employee shall from time to time, be detailed for duty with the

Authority in such capacity and with effect from such date as may be

specified in the detailing.

(3)

Where a public officer is detailed for duty with the

Authority such officer shall, during the time in which such direction is

valid, be under the administrative direction and control of the

Authority but shall otherwise remain and retain all rights and duties as

a public officer and, for the purpose of any law relating to government

service pensions, service with the Authority shall be deemed to be

service with the Government.

PART IV

FINANCIAL PROVISIONS OF THE AUTHORITY

(1)

The Authority shall be governed by the provisions of

the Public Finance Management Act.Without prejudice to the

following provisions of this article, the Authority shall so conduct its

affairs that so much of the expenditure required for the proper

performance of its functions shall, as far as possible, be dispensed out

of its revenue.

(2)

For this purpose, 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 related to the powers and functions of the

Authority in consultation with the Minister for finance.

(3)

The Authority shall also be paid by Government out of the

Consolidated Fund such amounts as the House of Representatives,

may from time to time, authorise to be appropriated to mete the costs

of specified works or activities to be continued or otherwise carried out

by the Authority.

(4)

Any excess of revenue over expenditure, subject to such

directives as the Minister may give, after consultation with the

Minister responsible for finance, from time to time, shall be applied by

the Authority to the formation of reserve funds that shall be used for

the purposes of the Authority, and without prejudice to the generality

of the powers given to the Minister by this sub-article, any direction

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

CLIMATE ACTION

accordance with sub-article (2) or any such excess as aforesaid.

(5)

Any funds of the Authority not immediately required to

mete expenditure may be invested in such manner as may from time to

time be decided by the Authority.

(1)

The Authority shall cause to be prepared in every

financial year, and not later than six (6) weeks after the end of every

such year, shall 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 period as the

Minister may by notice specify in writing to the Authority.

(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 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 mete all

amounts 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 comparison 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 by the Authority to the Minister and to the

Minister responsible for finance.

(5)

The Minister shall, at the earliest opportunity and not later

than six (6) weeks after he has received a copy of the estimates from

the Authority, approve the same with or without amendments after

consultation with the Minister responsible for finance.

(1)

No expenditure shall be made or incurred by the

Authority unless provision thereof has been made in the estimates

approved as provided in article 17.

(2)

Notwithstanding the provisions of sub-article (1)

(a)

until the expiration of six (6) months from the

beginning of a financial year, or until the approval of the

estimates for that year, 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 (1/2) of the amount approved for the preceding financial

year;

(b)

expenditure approved in respect of a head or sub-

head 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 sub-

head of the estimates;

(c)

in respect of the first financial year, the Authority

may make or incur expenditure not exceeding in the aggregate

such amounts as the Minister responsible for finance may, after

consultation with the Minister allow;

(d)

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 may be practicable

apply to the supplementary estimates.

The Minister shall, at the earliest opportunity and in any

case not later than two (2) 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 is not in session, within two (2)

weeks from the beginning of the following session, cause such

estimates to be laid on the Table of the House.

(1)

The Authority shall ensure that proper accounts and

other records are kept in respect of its operations and shall cause a

statement of accounts to be prepared in respect of each financial year.

(2)

The accounts of the Authority shall be audited by auditors to

be appointed by the Authority and approved by the Minister

Provided that the Minister may require the books and

accounts of the Authority to be audited or examined by the Auditor

General who shall for this purpose have all the powers set out in the

Auditor General and National Audit Office Act.

(3)

After the end of each financial year, and in any case not later

than the date on which the estimates of the Authority are forwarded to

the Minister under article 17, the Authority shall 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, at the earliest opportunity and in any

case not later than eight (8) weeks after he has received a copy of

every such statement and report, or if at any time during that period the

House is not in session, within eight (8) weeks from the beginning of

the following session, cause every such statement and report to be laid

on the Table of the House.

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(1)

All monies accruing to the Authority shall be paid

into 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 banks from day to day, except such amount as the Authority may

authorise to be retained to mete petty disbursements and immediate

cash payments.

(2)

All payments out of the funds of the Authority, other than

petty disbursements not exceeding an amount fixed by the Authority,

shall be made by such 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 officers by whom

payments are to be authorised or approved;

(b)

the title of any account held with the 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 that shall 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

finances 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 the Public Finance Management Act and any

regulations made thereunder.

(1)

The Authority shall, not later than six (6) weeks after

the end of each financial year, 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, may from time to time be required by the said Ministers.

The Minister shall, at the earliest opportunity and in any case not later

than two (2) weeks after he has received a copy of every such report, or

if at any time during that period the House is not in session, within two

(2) weeks from the beginning of the following session, cause a copy of

every such report to be laid on the Table of the House.

(2)

The Minister shall ensure that the national long-term

strategy, the national adaptation strategy and the National Energy and

Climate Plan are reviewed and updated periodically, and at least every

five (5) years.

(3)

The Minister shall report to the House and the House shall

discuss on a yearly basis the progress registered in climate action in a

sitting dedicated to this purpose.

(4)

In terms of sub-articles (2) and (3), the Minister shall refer

the reports, strategy and policy to the Standing Committee.

PART V

CLIMATE ACTION FUND

(1)

The Minister may, in consultation with the Minister

responsible for finance, by order establish and maintain a Climate

Action Fund.

(2)

The Climate Action Fund shall be replenished from

(a)

revenues accruing to the Government from its

participation in and implementation of market-based measures

relating to climate action adopted pursuant to international

treaties or European Union legislation, including inter alia,

from the auctioning of allowances pursuant to Directive 2003/

87/EC of the European Parliament and of the Council of 13

October 2003 establishing a scheme for greenhouse gas

emission allowance trading within the Community and

amending Council Directive 96/61/EC, as may be amended or

replaced from time to time;

(b)

revenues generated by the Government through

the implementation of national measures relating to the

reduction or limitation of greenhouse gas emissions;

(c)

any donation or grant made to the Fund by

individuals or institutions; and

(d)

any amounts or monies, as may from time to

time, be provided by, or under this Act, or any other law.

(3)

The Climate Action Fund shall be set up in accordance with

this article and it shall be administered by the Authority as established

by this Act.

(4)

The Climate Action Fund referred to in this article shall be

applied to

(a)

support the fulfilment of the obligations set out in

this Act and any regulations made thereunder;

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(b)

support the fulfilment of the Government’s

obligations and commitments established by the UNFCCC and

European Union legislation; and

(c)

the provision of financial support to and the

promotion, facilitating and financing of the transfer of, and

access to environmentally sound technologies and know-how or

capacity for national requirements and developing countries, in

accordance with obligations and commitments of the

Government pursuant to international treaties.

PART VI

ESTABLISHMENT, FUNCTIONS AND CONDUCT OF

AFFAIRS OF THE NATIONAL CLIMATE ACTION COUNCIL

(1)

There shall be a Council to be known as the

National Climate Action Council (NCAC) which shall be appointed

by the Prime Minister in consultation with the Minister and which

shall consist of a minimum of six (6) and a maximum of eight (8)

expert persons who shall be experts in any climate-related fields

including scientific, public policy, finance, economic and social fields

Provided that the Prime Minister in consultation with the

Minister may appoint a Chairperson, a Deputy Chairperson and a

Secretary to the Council

Provided further that the Prime Minister in consultation

with the Minister may allow the Council to appoint any other expert or

group of experts to assist it in the performance of its functions as may

be necessary.

(2)

The Council shall be an independent statutory body and its

main objective shall be that of supporting Malta’s strategic aims

relating to climate action, through the provision of advice to

Government on climate action in Malta.

(3)

The members of the Council shall act independently and shall

hold office for a period of three (3) years, but the members so appointed

may be re-appointed on the expiration of their term of office

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

other members have already been appointed, the term of appointment

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

members

Provided further that an appropriate rotation scheme for

the appointment of the members of the Council shall be put in place

so that the end date of the term of office of the Council members

shall not be the same for all members.

(4)

A person shall not be qualified to hold office as a member of

the Council, if the person

(a)

is legally incapacitated;

(b)

has been declared bankrupt or has made a

composition or arrangement with his creditors;

(c)

has been convicted of an offence affecting public

trust, or theft, or fraud, or knowingly receiving property

obtained by theft or fraud, or of any offence against this Act; or

(d)

has a financial or other interest in any enterprise

or activity which is likely to affect the discharge of the

functions as a member of the Council.

(5)

Any member of the Council who has any direct or indirect

interest relating to any particular function of the Council, not being an

interest which disqualifies such member from remaining a member,

shall disclose the nature of the interest during the first meeting of the

Council after the relevant facts have come to that member ’s

knowledge, and such disclosure shall then be recorded in the minutes

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

withdraw from any meetings during which such matter is discussed.

Any such disclosure shall be communicated to the Prime Minister

without delay. Where the interest of the member is such as to

disqualify him from remaining a member, he shall report the fact

immediately to the Prime Minister and tender his resignation.

(6)

The appointment of any person as a member of the Council

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

as any additional functions assigned to the Council by the Prime

Minister in consultation with the Minister, shall be notified in the

Gazette and they shall have effect forthwith

Provided that failure to publish the appointment or

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

validity of such appointment or termination.

(1)

The Council shall have such functions as are set out

in this Act and such other functions as may be delegated under any

other law, or as may be assigned to it by the Prime Minister in

consultation with the Minister under this Act.

(2)

It shall be the function of the Council

(a)

to advise the Minister on and monitor the

implementation of this Act and, or any regulations made

thereunder and, or any international and, or European Union

obligations relating to climate action which the Government

may be bound to observe as a State or a Member State of the

European Union;

(b)

to facilitate Government’s adherence to the

national long-term strategy, the National Energy and Climate

CLIMATE ACTION

Plan, the national adaptation strategy and any other strategy or

policy which the Minister may issue in terms of this Act or any

regulations made thereunder;

(c)

to make recommendations to the Minister on any

matter relating to this Act or any regulations made thereunder

or on any matter relating to climate action;

(d)

to annually report to the Minister on the progress

being registered in the field of climate action;

(e)

to consult regarding any matter related to this Act

or any regulations made thereunder with every Ministry,

department, authority, agency and entity of Government and

every stakeholder concerned including the civil society,

particularly the voluntary organisations in the sector related to

climate action; and

(f)

to carry out such other functions as may be

assigned to it by the Prime Minister in consultation with the

Minister.

PART VII

POWER TO MAKE REGULATIONS

(1)

The Minister may, in consultation with the

Authority and subject to the provisions of this Act make regulations to

give effect to any of the provisions of this Act, or to regulate or

otherwise provide about any matter in respect of the functions and the

activities which affect climate action in accordance with this Act,

which include inter alia, regulations that

(a)

give effect to any European and, or international

obligation entered into by Government in relation to climate

change by, or under this Act;

(b)

provide for the procedures to be followed in

regard to the settlement of disputes;

(c)

provide for the enforcement powers required by

the Authority to perform its functions under this Act;

(d)

provide for prescribing anything which may be,

or is required to be prescribed by this Act;

(e)

prescribe measures to mitigate climate change;

(f)

prescribe measures to prevent, avoid and reduce

vulnerability to, and enhance resilience to the adverse impacts

of climate change and to adapt to climate change;

(g)

prescribe measures for the good governance of

climate mitigation and adaptation measures;

(h)

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, after consultation with the Minister

responsible for finance;

(i)

provide for the establishment and operation of

voluntary carbon markets; and, or

(j)

provide for the establishment and operation of a

market of renewable energy certificates.

(2)

The Minister may, in consultation with the Authority, and

acting in accordance with the provisions of this Act, make regulations

for the better carrying out of the provisions of this Act, and may

appoint any person or body to be the designated authority for the

purpo ses of exercisin g an y duties or ob ligatio ns wh ich the

Government has under this Act.

(3)

Without prejudice to the generality of the provisions of

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

effect to any multilateral legal instrument to which Malta may be a

party as well as EU Directives, Regulations and Decisions relating

to any matter governed by this Act or subject-matter, from time to

time, and to set up mechanisms and make other provisions for the

implementation thereof.

(1) Regulations referred to in article 27 shall not be

made unless the Minister shall have first published a draft thereof in

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

make representations to the Minister.

(2)

The 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 deems to be

urgent or when any public consultation was carried out before the date

of coming into force of this Act.

(3)

The Minister shall consider any representations made in

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

regulations and to promulgate such regulations in accordance with said

revision, or to amend any regulations already promulgated.

(4)

When the Minister makes regulations concerning the

procedure before any board, commission or other body established

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

CLIMATE ACTION

(1)

Without prejudice to any other provision of this Act

the Minister may, after consultation with the Authority, make

regulations imposing punishments on any person who infringes or

fails to comply with any provi si ons o f t his A ct and , or any

regulations made thereunder, such person shall be guilty of an

offence and shall be liable on conviction to

(a)

imprisonment for a term not exceeding four (4)

years and a fine (multa) not exceeding one million (€1,000,000)

euro; and, or

(b)

a fine (multa) calculated in accordance with the

duration of the commission of an offence, not exceeding fifty

thousand (€50,000) euro for each day during which the offence

persists.

(2)

Without prejudice to any other provision of this Act, the

Minister may, after consultation with the Authority, make regulations

authorising any person or any department, agency, corporation or

authority to impose administrative penalties not exceeding one

million (€1,000,000) euro on any person, department, agency,

corporation or authority which is in contravention of any provisions

of this Act or of any regulations or directives made thereunder, and

provide for the procedure for the imposition and enforcement of

such administrative penalties. Any said administrative penalties

shall constitute an executive title for the effects and purposes of

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

Civil Procedure.

PART VIII

POWER TO DELEGATE

(1)

Without prejudice to his powers under the provisions

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

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

functions or duties in accordance with this Act or any regulations

made thereunder and, or to ensure the proper implementation of this

Act or any regulations made thereunder, and the Minister may by

regulations prescribe and regulate the procedures and methods to be

adopted by such person, department, agency, corporation or authority

in exercise of the said functions.

(2)

The Minister may, from time to time, give to any of the

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

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

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

followed by them and to the operation and implementation of their

functions, and on any other matter which appears to the Minister to be

connected with climate action, and the entity, officer or employee

concerned shall, as much as possible, without delay comply with and

act in accordance with these directives and orders and shall conduct

their functions in accordance with these principles.

(3)

Every entity shall give the Minister all required facilities so

that he may obtain all the information connected with their affairs and

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

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

connected thereto, or with their functions and grant him all required

facilities to audit all given information, in such manner and within

such periods as the Minister may reasonably require.

(4)

The Prime Minister may, by regulations made in

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

under this Act or under any regulations made in accordance with this

Act to any other Minister.

PART IX

MISCELLANEOUS

The members of the Authority, and all officers and

employees of the Authority shall be deemed to be public officers

within the meaning and for the purposes of the Criminal Code.

(1)

Any officer or employee of the Authority so

authorised may, at all reasonable times enter any premises, vehicle,

vessel or any other place, for the purposes of

(a)

the carrying out of such inspections, tests,

measurements, lifting of samples or to ascertain that nothing

contrary to the provisions of this Act, to the regulations made

thereunder or to any term or condition attached to any licence,

permit or authorisation issued under this Act is being carried

out; and

(b)

ascertaining or reproducing

such

data

or

information as the Authority may require.

(2)

Any person who obstructs or impedes any officer or

employee of the Authority in the exercise of his duties in accordance

with this Act shall be guilty of an offence and shall on conviction, be

liable to imprisonment not exceeding eighteen (18) months or to a fine

(multa) of not more than seventy thousand (€70,000) euro or to both

such fine and imprisonment.

(1)

The Authority may impose an administrative penalty

upon any person who infringes any provision of this Act, regulations

prescribed thereunder or of any other law which the Authority is

entitled to enforce, or who fails to comply with any directive or

decision given by the Authority whether in accordance with this Act,

regulations prescribed thereunder or under any other law which the

Authority is entitled to enforce, or who fails to comply with any

condition of any authorisation granted in accordance with this Act.

CLIMATE ACTION

(2)

An administrative penalty imposed under sub-article (1)

shall not exceed

(a)

one hundred thousand euro (€100,000) for each

contravention and, or one thousand, four hundred euro (€1,400)

for each day of non-compliance, from the date of the decision

given by the Authority; and, or

(b)

in the case of an undertaking, including a

vertically integrated undertaking, or a body corporate, up to ten

(10%) percent of the total turnover concerned in the preceding

business year

Provided that in the case of an undertaking, including a

vertically integrated undertaking or a body corporate, an

administrative penalty of up to ten (10%) percent of the annual

turnover concerned in the preceding business year, which amount

exceeds one hundred thousand euro (€100,000) may, in any such case

be imposed.

(1)

The Authority shall, before imposing an

administrative penalty upon any person who infringes or fails to

comply with

(a)

any provision of this Act;

(b)

any regulations made thereunder;

(c)

any other law which the Authority is entitled to

enforce;

(d)

any directive or decision given by the Authority

whether in accordance with this Act, regulations made

thereunder or under any other law which the Authority is

entitled to enforce; or

(e)

any condition of any authorisation granted under

this Act,

file a judicial letter in terms of article 466 of the Code of

Organisation and Civil Procedure which shall be served on the person

who was in breach of any of the provisions of paragraphs (a) to (e)

(i)

whereby the Authority gives notice of the

administrative penalty that may be imposed by the Authority;

(ii)

whereby the Authority gives notice of the specific

provision of law which has been breached and the applicable

administrative penalty;

(iii) whereby the Authority gives notice of the amount

of the administrative penalty;

(iv) whereby the Authority demands that the person

concerned rectifies the acts or omissions committed by such

person and, or otherwise make submissions to the Authority to

contest the claim within a specified time

Provided that such period may not be of

more than twenty (20) days and not less than five (5)

days from the date of service of the judicial letter

Provided further that the person against

whom an administrative penalty may be imposed, shall

be granted a reasonable opportunity during such period

of time as may be stipulated in the judicial letter to make

submissions to the Authority and to propose any

remedies to rectify the acts or omissions that are

required to be rectified by the Authority.

(2)

In the judicial letter 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 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, 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

within the period established by the Authority in accordance with sub-

article (1) or fails to abide with any 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 an administrative penalty should not

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

(a)

represents an immediate and serious threat to

public safety or public security or public health; or

(b)

creates or may create serious economic or

operational problems for other providers of resources or for

consumers,

CLIMATE ACTION

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 submit

any submissions and propose any possible remedies.

(6)

Upon the expiry of the time limit for appeal to the

Administrative Review Tribunal, and upon the service of a copy of the

said judicial letter referred to in sub-article (1) on the person liable for

the payment of the administrative penalty, the said judicial letter shall

constitute an executive title for all effects and purposes of article

253(a) of the Code of Organization and Civil Procedure

Provided that if the person against whom the judicial letter

has been issued files an appeal before the Administrative Review

Tribunal and concurrently with, or before the filing of the appeal,

requests the Administrative Review Tribunal to suspend the effects of

the judicial letter, then the Authority shall desist from issuing a

judicial act as referred to in this sub-article until the request for

suspension has been determined, withdrawn or otherwise considered

Provided further that the Administrative Review Tribunal

shall determine any requests for suspension referred to in this sub-

article expeditiously. Before determining any such request, the

Administrative Review Tribunal shall give the Authority a reasonable

opportunity to reply and make its submissions within a period of not

less than three (3) working days.

(7)

Interest at the rate of eight (8%) per cent per annum shall

run as from due date for the payment of any administrative penalty

imposed by the Authority

Provided that in cases where the Administrative Review

Tribunal or the Court of Appeal, as the case may be, after having

upheld an application to suspend the pending penalty proceedings,

finally decides that the administrative penalty as imposed by the

Authority is due, such administrative penalty shall be due together

with any interests accrued thereon as from the due date of the penalty,

including any suspension of the period.

(8)

The Authority shall give its reasons for any decision taken

under this article.

(9)

Notwithstanding the provisions of any other law, a

precautionary warrant or order shall not 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.

(10) In all cases where the Authority imposes an administrative

penalty 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.

(11) An administrative penalty imposed by the Authority upon

any person shall be considered a civil debt.

(12) If any person knowingly avoids, obstructs or refuses service

of any judicial act issued under this article, such person shall be guilty

of an offence and shall be liable on conviction, to a fine (multa) of not

more than seventy thousand euro (€70,000).

Where any person breaches

(a)

any provision of this Act;

(b)

any regulations made thereunder;

(c)

any other law which the Authority is entitled to

enforce; or

(d)

any person who

(i)

fails to comply with any directive or

decision given by the Authority whether in accordance

with this Act, any regulations made thereunder or under

any other law which the Authority is entitled to enforce;

or

(ii)

fails to comply with any condition of any

authorisation granted in accordance with this Act, and

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, 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.

The provisions of the Administrative Justice Act, in so far

as they apply to the Administrative Review Tribunal, shall apply to

any proceedings before the said Tribunal and the words "public

administration" in the said Act shall be construed as a reference to the

Authority.

(1)

An appeal shall lie to the Administrative Review

Tribunal on any decision of the Authority in accordance with the

provisions of this Act and any regulations made thereunder, and any

person aggrieved by such decision shall have the right to appeal.

CLIMATE ACTION

(2)

An appeal to the Administrative Review Tribunal may be

filed on any of the following grounds

(a)

that a material error as to the facts has been made;

(b)

that there was a material procedural error;

(c)

that an error of law has been made; and, or

(d)

that there was some material illegality, including

unreasonableness or lack of proportionality.

(3)

The Administrative Review Tribunal shall give reasons for

its decision and shall cause such decisions to be made public omitting,

if it deems it appropriate for reasons of confidentiality, the names of

the persons involved.

(4)

In determining an appeal, the Administrative Review

Tribunal shall take into account the merits of the appeal and may in

whole or in part confirm, annul or vary the decision appealed from,

giving in writing the reasons for its decision and shall cause such

decision to be made public and communicated to the parties to the

appeal.

(5)

The effect of a decision to which an appeal relates shall not,

except where the Administrative Review Tribunal or the Court of

Appeal so orders, as the case may be, be suspended in consequence of

the filing of the appeal.

(6) Any person aggrieved by a decision of the Authority shall

have a right to appeal from such decision to the Administrative

Review Tribunal

Provided that in any case, a person filing an appeal to the

Administrative Review Tribunal shall also require a direct interest in

impugning the decision or directive appealed from.

(7)

Without prejudice to the provisions of article 35

(a)

an appeal from a decision or directive of the

Authority shall be made by application and shall be filed with

the secretary of the Administrative Review Tribunal within

twenty (20) days from the date on which the said decision or

directive has been notified in writing to the party appealing or

published in the Gazette whichever is the earlier, as the case

may be; and

(b)

the application of appeal shall be served on the

Authority, which shall not later than twenty (20) days from such

service, file its reply thereto with the secretary of the

Administrative Review Tribunal.

(1)

The Administrative Review Tribunal shall be

competent to hear and decide any appeal made to it in accordance with

the provisions of this Act and any regulations made thereunder, and

subject to the right of appeal and article 41, the decisions of the said

Tribunal shall be final and binding.

(2)

In the exercise of its functions, the Tribunal may summon

any person to appear before it and give evidence and produce

documents, and the Chairperson shall have the power to administer the

oath. The Tribunal may also appoint experts to advise the Tribunal on

any technical issue that may be relevant to its decision.

(1)

Any party to an appeal to the Tribunal who feels

aggrieved by a decision of the Tribunal, or the Authority if it is not

satisfied with any such decision, may on a question of law appeal to

the Court of Appeal in accordance with the Administrative Justice Act.

(2)

The appeal shall be made by means of an application filed in

the Registry of that Court within twenty (20) days from the date on

which that decision has been served.

The members of the Board, officers and employees of the

Authority in the performance of their functions under this Act or 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 provisions of article 466 of the Code of Organization

and Civil Procedure shall apply to the Authority in the same manner as

they apply to Government Departments.

PART X

TRANSITORY PROVISIONS AND CONSEQUENTIAL

AMENDMENTS

The Malta Resources Authority Act and the Climate Action

Act and the subsidiary legislation made thereunder, with the exception

of the subsidiary legislation listed in the Second Schedule, are hereby

repealed

Provided that anything done or omitted to be done in terms

of the said legislation until the coming into force of the Climate Action

Act, 2024 shall be deemed to be valid at law.

2024.

(1)

Upon the coming into force of this Act, the

subsidiary legislation listed in the first column of the Second Schedule

shall be deemed to have been made under the corresponding

provisions of this Act, and shall be re-numbered accordingly as

specified in the third column of the said Schedule.

(2)

Any authorisation, permission, direction or order granted or

CLIMATE ACTION

made under any of the provisions of the legislation listed in the Second

Schedule, and still in force immediately before the coming into force

of this Act, shall continue to remain in force thereafter as if it were a

licence, permission, direction or order granted or made under a

corresponding provision of this Act, and any such licence, permission,

direction or order as aforesaid shall be treated and dealt with

accordingly.

(1) With effect from the date of the coming into force of the

Climate Action Act, 2024

(a)

all assets and rights of whatever nature of the

Malta Resources Authority relating to climate whether existing

2024. in Malta or outside Malta, including but not limited to all real or

other rights under any contract, all monies due by any person to

the Malta Resources Authority, and all shares, stocks or other

interests of, or in any other bodies shall be deemed to be assets

of the Authority;

(b)

all obligations and liabilities of the Malta

Resources Authority relating to climate shall by virtue of this

Act be deemed to be obligations and liabilities of the Authority

without the need of any formalities other than this Act.

(2)

With effect from the date of the coming into force of this

(a)

all assets and rights of whatever nature of the

Malta Resources Authority relating to minerals and resources

whether existing in Malta or outside Malta, including but not

limited to all real or other rights under any contract, all monies

due by any person to the Malta Resources Authority, and all

shares, stocks or other interests of, or in any other bodies shall

be deemed to be assets of the Environment and Resources

Authority;

(b)

all obligations and liabilities of the Malta

Resources Authority relating to minerals and resources shall by

virtue of this Act be deemed to be obligations and liabilities of

the Environment and Resources Authority without the need of

any formalities other than this Act.

(3)

With effect from the date of the coming into force of this

Act, all actions pending before any court, tribunal, arbitral tribunal or

any other adjudicating body, instituted by, or against the Malta

Resources Authority with regard to the subsidiary legislation listed in

the Second Schedule shall be continued by, or against the Climate

Action Authority

Provided that with effect from the date of the coming into

force of this Act, all actions pending before any court, tribunal, arbitral

tribunal or any other adjudicating body, instituted by, or against the

Malta Resources Authority relating to climate but not related to minerals

and resources shall be continued by, or against the the Climate Action

Authority.

In the Second Schedule to the Administrative Justice Act,

immediately after the item "Malta Digital Innovation Authority Act"

there shall be added the following new item

"Climate Action Act

Superior

Act No. XVI of

Competence".

PART XI

AMENDMENTS TO THE PUBLIC ADMINISTRATION ACT

This Part amends the Public Administration Act and it shall

be read and construed as one with the Public Administration Act,

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

In the Second Part of the Fifth Schedule to the principal Act,

immediately after the words "The Chairperson of the Older Persons

Standards Authority" there shall be added the words "The Chairperson

of the Climate Action Authority".