230 tal-2004 - Regolamenti tal-2004 li jemendaw ir-Regolamenti għall-Prevenzjoni u l-Kontroll Integrati tat-Tniġġis

L.N. 230 of 2004

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Integrated Pollution Prevention and Control (Amendment)

Regulations, 2004

BY VIRTUE of the powers conferred by articles 9 and 10(2)

of the Environment Protection Act, the Minister for Rural Affairs

and the Environment has made the following regulations>–

(1) The title of these regulations is the Integrated Pollution

Prevention and Control (Amendment) Regulations, 2004, and shall

be read and construed as one with the Integrated Pollution Prevention

and Control Regulations, 2002, hereinafter referred to as “the

principal regulations”.

(2) The scope of these regulations is to achieve a phased

schedule for the implementation of Legal Notice 234 of 2002

regarding the integrated prevention and control of pollution arising

from the activities listed in Schedule 1 thereof, and to make

corrections to the text of the principal regulations as well as to

transpose the provisions of directive 2003#35#EC of the European

Parliament and of the Council.

(3) These regulations shall also be read in conjunction

with, and taken as a whole, with the Environmental Impact

Assessment Regulations, 2001.

(1) The definition “substantial change” in regulation 2

Amends regulation

of the principal regulations shall be substituted by the following

new definition>

“ “substantial change” means a change in operation which,

in the opinion of the competent authority, may have significant

negative effects on human beings or the environment and for

the purpose of this definition, any change to or extension of an

operation shall be deemed to be substantial if the change or

extension in itself meets the thresholds, if any, set out in

Schedule 1 of these regulations<”.

(2) The following definitions shall be added in regulation

2 of the principal regulations>

“ “the public” means one or more natural or legal persons

and, in accordance with national legislation or practice, their

associations, organizations or groups<

“the public concerned” means the public affected or likely

to be affected by, or having an interest in, the taking of a decision

on the issuing or the updating of a permit or of permit conditions<

for the purposes of this definition, non-governmental

organizations promoting environmental protection and meeting

any requirements under national law shall be deemed to have

an interest<”.

Subregulation (1) of regulation 5 of the principal regulations Amends regulation

5 of the principal

shall be substituted by the following>

regulations.

“(1) All operators of existing installations shall apply to

the competent authority for a permit within the following time-

frames>

(i) Power plants, Shipyards

by April 2004

(ii) Industry

by June 2004

(iii) Waste installations

by December 2004

(iv) Farms

by January 2005.”.

(1) In the English text of paragraph (f) of regulation 6 of Amends regulation

6 of the principal

the principal regulations, for the words “where this not possible” regulations.

there shall be substituted the words “where this is not possible”.

(2) In regulation 6 of the principal regulations,

immediately after subregulation (i) thereto, there shall be added the

following new subregulation (j)>

“(j) the main alternatives, if any, studied by the applicant

in outline.”.

In regulation 7 of the principal regulations the words “by Amends regulation

7 of the principal

not later than 31st March 2003” shall be deleted.

regulations.

(1) Subregulation (1) of regulation 8 of the principal Amends regulation

8 of the principal

regulations shall be substituted by the following>

regulations.

“(1) Where the Competent Authority is aware that the

operation of an installation is likely to have significant negative

effects on the environment of another state, or where a state

likely to be significantly affected so requests, the Competent

Authority of the state in whose territory the application for a

permit pursuant to these regulations was submitted shall forward

to the other state any information required to be given or made

available in accordance with the provisions of regulation 9(1)

thereof and Schedule 8 of these regulations.”.

(2) Immediately after subregulation (2) of regulation 8

of the principal regulations there shall be added the following>

“(3) The results of any consultations pursuant to

subregulations (1) and (2) hereof must be taken into

consideration when the competent authority reaches a decision

on the application.

(4) The competent authority shall inform the state which

has been considered in accordance with subregulation (1) hereof,

of the decision reached on the application and shall forward to

it the information referred to in subregulations 9(2) and 9(4)

hereof. The Competent authority shall take measures necessary

to ensure that the information is made available to the public

concerned in Malta.”.

(1) Subregulations (1) and (2) of regulation 9 of the

principal regulations shall be substituted by the following>

“(1)

applications for permits for>

(a)

new installations<

(b) any substantial change in the operation of an

installation< or

(c) for the updating of a permit or permit conditions

for an installation in accordance with regulation 19 hereof,

for a period of thirty days before the competent authority reaches

its decision, to enable the public to comment on them. The

procedure set out in Schedule 8 hereof shall apply for the

purposes of this regulation.

(2) The content of the decisions of the Competent

Authority, including a copy of the permit and of any conditions and

any subsequent updates.”.

(2) Immediately after subregulation (3) of regulation 9

of the principal regulations there shall be added the following>

“(4) Having examined the concerns and opinions

expressed by the public concerned, the reasons and

considerations on which the decision is based, including

information on the public participation process.”.

In the marginal note of the English text of regulation 29 of Amends regulation

29 of the principal

the principal regulations, instead of the words “Action by Computer regulations.

Authority” there shall be substituted the words “Action by Competent

Authority.”.

In subregulation (3) of regulation 32 of the principal Amends

32 of the principal

regulations instead of the word “Commission” there shall be regulations.

substituted the word “Committee”.

In subparagraph (b) of item 2.3 of the English text of Amends Schedule

1 of the principal

Schedule 1 of the principal regulations, instead of the word “with” regulations.

there shall be substituted the word “which”.

(1) In paragraph 1 of the English text of Schedule 3 of Amends Schedule

3 of the principal

the principal regulations, the sign “X” next to the field “Total – regulations.

nitrogen” shall be deleted from under the heading “Air” and instead

moved under the heading “Water”.

(2) In paragraph 1 of the English text of Schedule 3 of

the principal regulations, the sign “X” next to the field “Total –

phosphorus” shall be deleted from under the heading “Air” and

instead moved under the heading “Water”.

Schedule 6 of the principal regulations shall be substituted Substitution of

Schedule 6 of the

by the following new Schedule 6>

principal

regulations.

“SCHEDULE 6

Composition of the IPPC Committee

The IPPC Committee shall consist of>

(a) the Director of the Environment Protection

Directorate of the Malta Environment and Planning Authority

or his authorized representative as Chairman<

(b) an officer being responsible for pollution prevention

and control, designated by the Chairman of the Malta

Environment and Planning Authority<

(c) an officer being responsible for waste management,

designated by the Chairman of the Malta Environment and

Planning Authority<

(d) an officer being responsible for land use planning,

designated by the Chairman of the Malta Environment and

Planning Authority<

(e) a senior environmental health officer having

experience of these issues, designated by the Minister

responsible for public health<

(f) a senior officer having experience of the management

of resources, designated by the Chairman of the Malta Resources

Authority<

(g) an officer being responsible for the control of

discharges into the marine environment, designated by the

Chairman of the Malta Environment and Planning Authority<

(h) a senior public officer having experience of economic

services, designated by the Minister responsible for finance<

(i) a senior officer having experience of maritime affairs,

designated by the Chairman of the Malta Maritime Authority<

(j) a senior officer having experience of occupational

health and safety, designated by the Chairman of the

Occupational Health and Safety Authority<

(k) a senior public officer having experience of civil

protection, designated by the Minister responsible for the civil

protection<

(l) a senior public officer having experience of

agriculture and fisheries, designated by the Minister responsible

for agriculture and fisheries< and

(m) a senior police officer, designated by the Minister

responsible for the police.”.

Immediately after Schedule 7 in the principal regulations, Addition

Schedule 8 to the

there shall be added the following new Schedule 8>

principal

regulations.

“SCHEDULE 8

Public participation in decision-making

1. The public shall be informed (by public notices or other

appropriate means such as electronic media where available) of the

following matters early in the procedure for the taking of a decision

or, at the latest, as soon as the information can reasonably be

provided>

(a) the application for a permit or, as the case may be,

the proposal for the updating of a permit or of permit conditions

in accordance with regulation 9(1), including the description

of the elements listed in regulation 6(1)<

(b) where applicable, the fact that a decision is subject

to a national or transboundary environmental impact assessment

or to consultations between States in accordance with regulation

8<

(c) details of the competent authorities responsible for

taking the decision, those from which relevant information can

be obtained, those to which comments or questions can be

submitted, and details of the time schedule for transmitting

comments or questions<

(d) the nature of possible decisions or, where there is one,

the draft decision<

(e) where applicable, the details relating to a proposal

for the updating of a permit or of permit conditions<

(f) an indication of the times and places where, or means

by which, the relevant information will be made available<

(g) details of the arrangements for public participation

and consultation made pursuant to article 5 hereof.

2. The Competent Authority shall ensure that, within

appropriate time-frames, the following is made available to the public

concerned>

(a) in accordance with national legislation, the main

reports and advice issued to the competent authority or

authorities at the time when the public concerned were informed

in accordance with article 1 hereof<

(b) in accordance with the provisions of the Freedom of

Access to Information on the Environment Regulations, 2001,

information other than that referred to in article 1 hereof which

is relevant for the decision in accordance with regulation 14

and which only becomes available after the time the public

concerned was informed in accordance with article 1 hereof.

3. The public concerned shall be entitled to express comments

and opinions to the competent authority before a decision is taken.

4. The results of the consultations held pursuant to this

Schedule must be taken into due account in the taking of a decision.

5. The detailed arrangements for informing the public (for

example by bill posting within a certain radius or publication in local

newspapers) and consulting the public concerned (for example by

written submissions or by way of a public inquiry) shall be

determined by the Competent Authority. Reasonable time-frames

for the different phases shall be provided, allowing sufficient time

for informing the public and for the public concerned to prepare and

participate effectively in environmental decision-making subject to

the provisions of this Schedule.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press