Rep"tions, 1994

L.N. 1 or 19t4

ENVIRONMENT PROTECTION ACT, 1991

(ACT NO. V OF 1991)

EnvlrOftlllftlt Protec:tioa (PrevaJtiv~ and Rcmedlal Mtuuru)

Rep"tions, 1994

IN exercise of the powers conferred by scctions2, 3(a) and (c). 6, 48

and 50 of the Environment Protection Act. 1991 , the Minister for the

Environment has made the following regu]ations: -

I. These: regulations may be cited as the Environment Protection

(Preve ntive a nd, Re medial Measures) Regula tions, 1994 .

In these regulations, unless the context otherwise requires -

- Act H means the Environment Pro tection Act, 1991 ;

" Director" means the Director for the Protection of the

Environment beiog the official as delegated in terms of paragraph

(b) of section 3 of the Act 10 be responsible for the protection of the

environment, and delegated for the control , direction and

management of the Department for the Protection of the

Environment. and includes a ny officer in his Depanment who acts

OIl his behaU, and for !he purposes of any reguJalions made under

Ihe Act, the term " Director responsible for !he e nvironment" o r

any other similar term , and the term "Official responsible for the

protection of the environment" in the Act, shall bede< med to have

the same meaning as D irector in these regulations;

"Department" mea ns the Departme nt for the Protectio n of

the Environment under the guidance of the Director as defined in

this regulation ;

" Minister~

means

the

Minister

responsible

for

the

e nvi ro nment.

Paragraph (b) of section 3 and sectio n 49 0fthe Act are he reby

bei ng brought into fo rce and the provisions of these regulations Utall

apply the reto.

(I) The D ireclOr shall have !he power . personally o r through

his officers, carrying idenlir)Clltion attestations signed by the Ministe r.

to inspect any place in Malta , or any ve hicle , ship, platform, airpla ne o r

other craft existing the rein , o r any such vehicle , vessel or aircraft

belo nging to Malta o uts ide th e te rritorial waters of Malta , in o rder to

ascertain the levels of protection of !he environme nt as well as to

investigate suspeaed viola tions of the provisions of the Act o r of

regula tions made thereunder, o r codes of practice issued under the A ct .

a nd to secu re proof of any such violation

Provided Ihat !he Director personally o r any of his office rs

may not accede into a private dwelling unless accompanied by a pol ice

office r not below the rank of Inspecto r

Provided furthe r thal Ihe Director and his officers may not

divulge any information o r evidem:e 50 ascertained in pursuance oflhis

regulation e:t.:cepl 10 the Minister, the Director o r the Commissione r of

Police in case of an inte nded prosecutio n o r furthe r investigation, or to

any court of justice.

(2) Without prejudice to the generality of paragraph ( I)

above, the power to inspect can also be limited to any $Cparate object

found in the places th e rein men tioned , and in ascertaining the levels of

protection and investigating violations, the Directoror his offida1sshall

have the power 10 measure, take !Wtlplesand copy reoordsore lectronic

data , as well as conduct tests, on any o bject of any nature

Provided that care is 10 be taken during these inspections,

measurem ents , taking of copies o r tests to minimise any damage that

might be 50 caused

Provided further that the person su~ering unnecessary

damage caused through the gross negligence or wilful non-observance

of this re~ulation , shall have the rigbtto be reimbursed for such damage

by the Director or his official.

(3)

(a) The Director, personally, may is5ue under his hand ,

elocution orders to prevent o r to minimise threate ned damage to

the environment, to prevent treatened violations to laws o r

regulations oonoem ing the protection of the environme nt, or to

secure evidena: of such violations.

(b) Departmental officers duly attested may issue such

orders. Such orders sball be issued in writing, however the y may be

verbal when the threatened damage is imminent or when the

damage is actually happening, or the violation is actually being

committed or has JuSI been oommined (in Jlt.!grante )

Provided that wben such office rs issue such verbal o rders,

there shall be a confirmati on in writing by the Director personally, as

soon as practicable

Provided further that if no confirmatio n of a verbal order is

given in wriling by the Director whe n called upon to do 50 eithe r by the

issuing officer or by any interested person within twenty.four hours

from the issuing of such o rder , such o rder shall be deemed 10 have

lapsed.

(4) The Director may in writing request any info rmation

concerning any maner which migbt affect the level of enviro nmental

protectio n.

S.

Any person who -

(.) obstnlCU or hindefS the e ntry of the Director into any

place, ve hicle, ship, platform , airplane or olher craft for the

purposes of inspection as empowered in paragraph (1) of

regulatioo 4, or

(b) obstructs or hinders the measure ment, taking of

samples, copies, or conduct of tests under paragraph (2) of

regul ation 4; o r

(c) disobeys any o rde r by the D irector o r a ny of bis offteers

within the limits established in paragraph (3) of regu lation 4; o r

(d) refrains from giving the information required in terms of

paragraph (4) of regulation 4 or gives false OT misleading

information o n any request made by the Directoror his officers; o r

(e) divulges any inform ation obtained through these powers,

Cllcept as provided in the proviso to paragraph (2) of regulation 4,

shall be guillyofan offence against these regulations a nd o n conviction,

shall be liable to a fine (mu/la) nOI exceeding LmS,OCKl, and in addition

the Court shall, whe re the offence is in relation to any activity carried

oul unde r a li cen«, o rde r the revocatio n of the lice nce o r the suspensio n

of the licence for any period not exceeding o ne year as it may deem fit ,

as well as the c:onrlSCBtion of any objea used in, or in relation with, the

offence.

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