418 tal-2005 - Regolamenti tal-2005 dwar Stima Ambjentali Strateġika

L.N. 418 of 2005

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Strategic Environmental Assessment Regulations, 2005

BY VIRTUE of the powers conferred by article 17 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 Strategic Citation,

commencement and

Environmental Assessment Regulations, 2005.

objective.

(2) These regulations shall come into force on such date as

the Minister responsible for the environment may by notice in the Gazette

appoint.

(3) These regulations transpose the provisions of Directive

2001#42#EC of the European Parliament and of the Council on the

assessment of the effects of certain plans and programmes on the

environment.

(4) The objective of these regulations is to provide for a

high level of protection of the environment, including health, and to

contribute to the integration of environmental and health considerations

into the preparation and adoption of plans and programmes with a view

to promoting sustainable development, by ensuring that, in accordance

with these regulations, a strategic environmental assessment is carried

out on plans and programmes which are likely to have significant effects

on the environment.

(1)

In these regulations, unless the context otherwise Interpretation.

requires>

“the Act” means the Environment Protection Act<

“the Competent Authority” means the Strategic Environment

Assessment Audit Team (SEA Audit Team) appointed in

accordance with Schedule 6 and which for the purposes of Article

(1) Il-proponent g[andu jinnotifika lill-Awtorità Kompetenti Notifika lill-

bl-intenzjoni tieg[u li j[ejji pjan jew programm qabel l-adozzjoni jew Awtorità

Kompetenti u

sottomissjoni g[all-proçedura le;islattiva ta’ xi pjan jew programm li sottomissjoni ta’

stqarrija ta’

je[tie; stima ambjentali strate;ika skond dawn ir-regolamenti.

deskrizzjoni tal-pjan

jew programm.

(2) Il-proponent g[andu, wara li jinnotifika lill-Awtorità

Kompetenti skond is-subregolament (1) ta’ dan ir-regolament,

jissottometti stqarrija ta’ deskrizzjoni tal-pjan jew programm.

(3) L-Awtorità Kompetenti g[andha ti]gura li l-istqarrija

ta’ deskrizzjoni tal-pjan jew programm msemmija fis-subregolament

(2) tipprovdilha bi]]ejjed dettall sabiex tippermettilha li tidentifika

l-effetti li x’aktarx ikun hemm fuq l-ambjent, b’tali mod li tista’

tiddetermina jekk tkunx me[tie;a Stima Ambjentali Strate;ika, u

g[andha ti]gura li jkun fiha l-punti msemmija fl-Iskedi 2 u 4 li jinsabu

ma’ dawn ir-regolamenti.

(4) L-Awtorità Kompetenti g[andha, wara li ssir is-

sottomissjoni ta’ l-istqarrija ta’ deskrizzjoni tal-pjan jew programm mill-

proponent, tindika lill-proponent jekk il-pjan jew programm ikunx

je[tie; stima ambjentali strate;ika, skond id-disposizzjonijiet ta’ dawn

ir-regolamenti u l-kriterji stipulati fi Skeda 5 li tinsab ma’ dawn ir-

regolamenti.

(1) Il-proponent g[andu ji]gura li ssir stima ambjentali

strate;ika skond dawn ir-regolamenti waqt it-t[ejjija ta’ pjan jew

programm u qabel is-sottomissjoni tieg[u g[all-proçedura le;islattiva>

I]da meta jkun qed i[ejji l-istima ambjentali strate;ika, il-proponent

g[andu jwettaq evalwazzjoni ta’ l-effetti ambjentali sinfikanti li x’akatrx

ikun hemm, inklu]a s-sa[[a. Dan g[andu jinkludi d-determinazzjoni

ta’ l-g[an ta’ rapport ambjentali u t-t[ejjija tieg[u, it-twettieq ta’

parteçipazzjoni u konsultazzjonijiet pubbliçi, u t-te[id in konsiderazzjoni

tar-rapport ambjentali u r-ri]ultati tal-parteçipazzjoni u konsultazzjonijiet

pubbliçi fit-te[id tad-deçi]jonijiet u l-provvista ta’ informazzjoni dwar

id-deçi]joni skond dawn ir-regolamenti.

(2) Il-proponent g[andu jwettaq stima ambjentali strate;ika

skond dawn ir-regolamenti g[all-pjanijiet u l-programmi kollha

msemmija fi Skeda 5 li tinsab ma’ dawn ir-regolamenti, u li x’aktarx

ikollhom effetti ambjentali sinifikanti>

I]da l-pjanijiet u programmi msemmija fi Skeda 5, li jiddeterminaw

l-u]u ta’ ]oni ]g[ar f’livell lokali u modifikazzjonijiet minuri g[al dawk

il-pjanijiet u programmi g[andhom ikunu je[tie;u stima ambjentali

strate;ika biss fejn l-Awtorità Kompetenti tiddetermina li x’aktarx

ikollhom effetti ambjentali sinifikanti.

(3) L-Awtorità Kompetenti tista’ tirrikjedi lill-proponent tal-

pjanijiet u programmi, minbarra dawk msemmija fil-paragrafu 2 ta’

Skeda 5, inklu] dawk li jistipulaw il-qafas g[all-pro;etti futuri ta’

kunsens g[all-i]vilupp, li dawn ikunu so;;etti g[al stima ambjenali

strate;ika jekk hija tiddetermina li dawk il- pjanijiet u programmi

x’aktarx li jkollhom effetti ambjentali sinifikanti.

(4) L-Awtorità Kompetenti g[andha tivvaluta jekk pjanijiet

jew programmi aktarx ikollhom effetti ambjentali sinifikanti, jew

permezz ta’ e]ami ka] b’ka], jew billi tispeçifika tipi ta’ pjanijiet u

programmi, jew billi tg[aqqad i]-]ew; metodi flimkien>

I]da l-Awtorità Kompetenti g[andha fil-ka]ijiet kollha tie[u in

konsiderazzjoni l-kriterji rilevanti stipulati fi Skeda 4, sabiex ti]gura li

l-pjanijiet u l-programmi li x’aktarx ikollhom effetti sinifikanti fuq l-

ambjent ikunu koperti b’dawn ir-regolamenti.

(5) L-Awtorità Kompetenti g[andha ti]gura illi meta twettaq

l-e]ami ka] b’ka], u meta tispeçifika t-tipi ta’ pjanijiet jew programmi

skond is-subregolament (4), l-awtoritajiet nominati g[andhom ji;u

konsultati.

Is-segwenti pjanijiet u programmi m’huma so;;etti g[al ebda Pjanijiet u

programmi m’huma

obbligazzjoni ta[t dawn ir-regolamenti>-

so;;etti g[al ebda

obbligazzjoni.

(a) pjanijiet u programmi li l-iskop uniku tag[hom huwa li

jservu d-difi]a nazzjonali jew xi emer;enza çivili<

(b) pjanijiet u programmi finanzjarji jew ta’ estimi<

(ç) pjanijiet u programmi li huma ko-finanzjati ta[t il-perjodi

ta’ programmar rispettivi attwali tar-Regolamenti tal-Kunsill (KE)

Nru. 1260#1999 u (KE) Nru. 1257#1999.

3 of Directive 2001#42#EC shall also act as the Designated

Authority for Malta<

“environmental” or “environmental, including health” means

any effect on the environment, including human health, flora, fauna,

biodiversity, soil, climate, air, water, landscape, natural sites,

material assets, cultural heritage and the interaction among these

factors<

”environmental report” means the part of the plan or

programme documentation containing the information required in

regulation 8 and in accordance with Schedule 1 to these regulations<

“identified stakeholders” means departments and agencies

of Government, local councils, non-government organisations or

any other body identified by the Competent Authority, as having

an interest in the plan or programme, or interest in the

environmental impacts of the plan or programme, and may include,

where applicable, the designated authorities of other Member States

referred to in Article 6. 3 of Directive 2001#42#EC which may be

affected by the implementation of the plan or programme<

“Designated Authority of another Member State” means any

Designated Authority appointed by any Member State in

accordance with Article 6.3 of Directive 2001#42#EC which by

reason of their specific responsibility is likely to be concerned by

environmental effects of implementing plans and programmes”<

“implementing agency” means the agency that is responsible

for the implementation of the plan or programme<

“the Minister” means the Minister responsible for the

environment<

“make available to the public” means publishing, by electronic

means in the Government Gazette or in at least one daily newspaper

in the English language and in the Maltese language, a notice

indicating where the document may be viewed or acquired< the

and distribution<

“plans and programmes” means plans and programmes,

including those co-financed by the European Community, as well

as any modifications to them>

(a) which are subject to preparation or adoption by an

agency at national, regional or local level or which are

prepared by an agency for adoption, through a legislative

procedure by Parliament or Government< and

(b) which are required by legislative, regulatory or

administrative provisions<

“plan or programme description statement” means a

description of the proposed plan or programme<

“proponent” means the person responsible for the preparation

of the plan or programme, and may include the Chairman or Chief

Executive of a Public agency, the Director General of a Division,

the Director of a Department, or any other person<

“protected sites” means sites and property, on land and off

shore which are protected under the Act or the Development

Planning Act, or in subsidiary legislation under these Acts<

“scoping report” means the report that sets out the terms of

reference of the strategic environmental assessment and may

contain the items listed in Schedule 3 to these regulations<

“significant environmental effects” means the significant

effects of plans and programmes as per the criteria indicated in

Schedule 4 to these regulations<

“strategic environmental assessment” means the preparation

of an environmental report, the carrying out of consultations, the

taking into account of the environmental report and the results of

the consultations in decision making and the provision of

information on the decision in accordance with these regulations<

”the public” means one or more natural or legal persons and,

in accordance with Maltese legislation or practice, associations,

organisations or groups.

(2) All other terms shall have the same meaning as is

assigned to such word or expression in the Act, the Development

Planning Act and subsidiary legislation under these Acts.

3. (1) A proponent shall notify the Competent Authority of his Notification to

Competent

intention to prepare a plan or programme before the adoption or Authority and

submission to the legislative procedure of any plan or programme which submission of a plan

or programme

requires a strategic environment assessment in accordance with these description

statement.

regulations.

(2) The proponent shall, after notifying the Competent

Authority in accordance with subregulation (1) hereof, submit a plan or

programme description statement.

(3) The Competent Authority shall ensure that the plan or

programme description statement referred to in subregulation (2)

provides sufficient detail for it to be able to identify the likely effects

on the environment, such that it may determine whether a Strategic

Environmental Assessment is required, and shall ensure that it contains

the items referred to in Schedules 2 and 4 to these regulations.

(4) The Competent Authority shall, after the submission

of the plan or programme description statement by the proponent,

indicate to the proponent whether the plan or programme requires a

strategic environmental assessment, in accordance with the provisions

of these regulations and the criteria laid down in Schedule 5 to these

regulations.

4. (1) The proponent shall ensure that a strategic environment

assessment in accordance with these regulations is carried out during

the preparation of a plan or programme and before its submission to the

legislative procedure>

Provided that in preparing the strategic environment assessment

the proponent shall carry out an evaluation of the likely significant

environmental effects, including health. This would comprise the

determination of the scope of an environmental report and its preparation,

the carrying out of public participation and consultations, and the taking

into account of the environmental report and the results of the public

participation and consultations in decision-making, and the provision

of information on the decision in accordance with these regulations.

(2) The proponent shall carry out a strategic environmental

assessment in accordance with these regulations for all plans and

programmes referred to in Schedule 5 to these regulations, which are

likely to have significant environmental effects>

Provided that plans and programmes referred to in Schedule 5,

which determine the use of small areas at local level and minor

modifications to such plans and programmes shall require a strategic

environmental assessment only where the Competent Authority

determines that they are likely to have significant environmental effects.

(3) The Competent Authority may require the proponent of

plans and programmes, other than those referred to in paragraph (b) of

Schedule 5, including those which set the framework for future

development consent projects, that they be subjected to a strategic

environmental assessment if it determines that such plans and

programmes are likely to have significant environmental effects.

(4) The Competent Authority shall assess whether plans or

programmes are likely to have significant environmental effects, either

through case-by-case examination, or by specifying types of plans and

programmes, or by combining both approaches>

Provided that the Competent Authority shall in all cases take into

account relevant criteria set out in Schedule 4, in order to ensure that

plans and programmes with likely significant effects on the environment

are covered by these regulations.

(5) The Competent Authority shall ensure that when

carrying out the case-by-case examination and in specifying types of

plans and programmes in accordance with subregulation (4), the

designated authorities shall be consulted.

5. The following plans and programmes are not subject to any Plans and

programmes not

of the obligations under these regulations>-

subject to

obligations.

(a) plans and programmes the sole purpose of which is to

serve national defence or civil emergency<

(b) financial or budget plans and programmes<

(c) plans and programmes that are co-financed under the

current respective programming periods for Council Regulations

(EC) No. 1260#1999 and (EC) No. 1257#1999.

6. Any person acting as a proponent under these regulations, shall Persons acting as

proponents.

ensure that the procedures established under these regulations are

complied with>

Provided that where plans and programmes form part of a

hierarchy, the Competent Authority shall in order to avoid duplication

of the strategic environment assessment take into account the fact the

assessment will be carried out in accordance with these regulations at

different levels of the hierarchy.

The Competent Authority shall inform the proponent of its Requirement that

plan be subjected to

decision to require the plan or programme to be subjected to a strategic assessment.

environmental assessment within eight weeks from the receipt of the

plan or programme description statement, and in accordance with

regulation 10 shall make this decision available to the public>

Provided that such time limit can be extended in the event that the

Competent Authority needs to consult or requires further information

from the proponent prior to taking a decision on the matter.

(1) Where a strategic environmental assessment is required

under regulations 3 and 4 of these regulations, an environmental report

shall be prepared in which the likely significant effects on the

environment of implementing the plan or programme, and reasonable

alternatives taking into account the objectives and the geographical scope

of the plan or programme, are identified, described and evaluated. The

information to be given for this purpose is referred to in Schedule 1 to

these regulations.

(2) The environmental report prepared pursuant to

subregulation (1) hereof shall include the information that may

reasonably be required taking into account current knowledge and

methods of assessment, the contents and level of detail in the plan or

programme, its stage in the decision-making process and the extent to

which certain matters are more appropriately assessed at different levels

in that process in order to avoid duplication of the assessment.

(3) Relevant information available on environmental effects

of the plans and programmes and obtained at other levels of decision-

making or through other legislation in force may be used for providing

the information referred to in Schedule 1 to these regulations.

(4) The designated authorities shall be consulted, where

applicable, when deciding on the scope and level of detail of the

information, which must be included in the environmental report.

These regulations shall apply to the plans and programmes of

which the first formal preparatory act was subsequent to 21st July 2004.

Plans and programmes of which the first formal preparatory act is before

that date and which are adopted or submitted to the legislative procedure

more than 24 months thereafter, shall be made subject to the obligation

referred to in paragraph (a) of Schedule 5 unless the Competent Authority

decides on a case by case basis that this is not feasible and informs the

public of its decision.

The Competent Authority shall ensure that its conclusions

pursuant to subregulation (3) of regulation 4, including when it decides

that the plan or programme does not require a strategic environmental

assessment in accordance with these regulations, will be made available

to the public.

In the event that the Competent Authority decides that the Draft

report.

plan or programme does require a strategic environmental assessment,

the proponent shall upon notification of the decision, taken by the

Competent Authority in accordance with regulation 4, prepare a draft

scoping report and send it to the Competent Authority.

(1) The proponent shall make a copy of the plan or Consultations on

draft scoping report.

programme description statement and a copy of the draft scoping report

available to the identified stakeholders and the public, requesting them

to send their comments to the Competent Authority within eight weeks

from receipt of the plan or programme description statement, and the

draft scoping report, or according to such timeframe agreed with the

Competent Authority.

(2) The Competent Authority shall send these comments

to the proponent within ten days from receipt.

Where the Competent Authority is aware that a plan or Procedures to be

programme is likely to have significant effects on the environment in followed

plan or programme

another Member State, or where a Member State likely to be significantly is likely to have

transboundary

affected so requests, the Competent Authority shall before any plans or impacts.

programmes are adopted or submitted to the legislative procedure send

to the Designated Authority of the other Member State as soon as

possible and before its adoption or submission to the legislative

procedure the following>

(a) a copy of the draft plan or programme, the plan or

programme description statement, together with any other available

information on the possible transboundary impacts<

(b) a copy of the relevant environment report<

(c) relevant information regarding the strategic

environmental assessment procedure<

(d) information on the nature of the decisions which may

be taken>

Provided that the Competent Authority shall give the Designated

Authority of the other Member State, eight weeks or any other reasonable

time in agreement with the proponent and the affected State in question,

in which to indicate whether it wishes to enter into consultations before

the adoption of the plan or programme or its submission to the legislative

procedure>

Provided further that if the Designated Authority of the other

Member State indicates that it wants to enter into consultations, the

Competent Authority shall ensure that the affected Member State would

be able to enter into such consultations concerning the likely

transboundary effects of the plan or programme and the measures

envisaged to reduce or eliminate such effects.

(1) Whenever the proponent sends documentation

programmes that are

pertaining to the plan or programme or the relative strategic

environmental assessment to an affected Member State, the proponent

shall enter into consultations with the identified stakeholders, indicated

by the Designated Authority of the other Member State, concerning the

likely transboundary environmental effects of implementing the plan

or programme and the measures, including the adoption of alternatives,

envisaged to reduce or eliminate such effects.

(2) Where such consultations take place, the proponent shall

agree with the identified stakeholders on detailed arrangements to ensure

that these identified stakeholders and the public in the State likely to be

significantly affected are informed and given an opportunity to forward

their opinion within a reasonable timeframe.

(3) The proponent shall inform and give the opportunity to

the Designated Authority of the other Member State likely to be

significantly affected, to forward its opinion, within a reasonable

timeframe>

Provided that during consultations, the proponent shall agree with

the identified stakeholders of the other Member State at the beginning

of such consultations, on a reasonable timeframe for the duration of the

consultations.

(1) In the event that the Competent Authority is informed

of the preparation of a plan or programme in another Member State, the

Competent Authority as the Designated Authority for Malta in

accordance with Article 6.3 of the Directive, if it deems that the

implementation of the plan or programme is likely to have significant

effects on the environment in Malta, the Competent Authority shall

inform the Designated Authority of the other Member State concerned

accordingly. Moreover, the Competent Authority, prior to the adoption

of the plan or programme or its submission to the legislative procedure

for adoption, shall seek to enter into consultation with the Designated

Authority of the State concerned in respect to>

(a) the likely effects of the implementation of the plan or

programme on Malta< and

(b) the measures envisaged to reduce or to eliminate such

effects.

(2) The Competent Authority shall if it deems it necessary,

seek to agree with the Designated Authority of the other Member State

concerned on>

(a) detailed arrangements to ensure that the identified

stakeholders and the public in Malta are informed and given an

opportunity to forward their opinion within a reasonable time< and

(b) a reasonable time for the duration of the consultations.

(3) Where such consultations take place, the Competent

Authority shall request the Designated Authority of the Member State

concerned to forward the draft plan or programme and the relevant

environmental report. The Competent Authority shall make these

available to the identified stakeholders and the public, and shall invite

them to forward their opinions within a specified timeframe.

The proponent shall revise the draft scoping report in the Revision of the

scoping report

light of consultations with the Competent Authority, the identified following

stakeholders, the public and any transboundary consultations. The consultations.

proponent shall send the revised scoping report to the Competent

Authority and shall also make it available to the consultees prior to

commencing work on the environmental report.

The proponent shall prepare the draft environmental report Preparation of

environmental

in accordance with the revised scoping report and including the report.

information in Schedule 1 to these regulations. Preparation of

environmental report.

(1) The proponent may enter into consultation with Information held by

departments and

departments and agencies of Government, including local councils, to agencies of

determine whether they have in their possession any information which Government.

the proponent considers relevant to the preparation of the environmental

report and, if they have such information, such departments and agencies

of Government shall make it available to the proponent, provided that

such departments and agencies of Government shall not be required to

disclose any information which, in terms of any law, is considered to

be confidential or secret.

(2) A reasonable charge reflecting the cost of making the

relevant information available may be made by a body supplying

information sought by the proponent.

(1) The proponent shall send a copy of the draft

environmental report and the draft plan or programme to the Competent

Authority, the identified stakeholders.

(2) The Competent Authority and the identified stakeholders

shall review the draft environmental report against the scoping report

and the items in Schedule 1 to these regulations.

(3) The Competent Authority shall establish a time limit

within which the identified stakeholders shall submit their comments

to the Competent Authority. Such time limit shall not be more than 16

weeks from the date of receipt of the draft environmental report.

(4) The Competent Authority may specify in its comments

any additional information that is required and, where relevant, the level

of detail required.

(5) The Competent Authority shall send a report

incorporating these comments, to the proponent for his#her consideration

within 24 weeks from receipt of the draft environmental report.

(1) The proponent shall revise the environmental report in

the light of consultations with the Competent Authority and identified

stakeholders.

(2) The proponent shall send a copy of the revised

environmental report to the Competent Authority and identified

stakeholders, explaining how the comments of the Competent Authority

and the identified stakeholders have been taken into consideration.

(3) The proponent shall make the revised environmental

report and the draft plan or programme available to the public. The

proponent shall also notify the public of the preparation of the

environmental report and of the relevant plan or programme, and invite

the public to submit its comments on the environmental report within

eight weeks from the date of this notification.

(1) Following this consultation period the proponent shall

amend the environmental report and the related plan or programme as

necessary.

(2) The proponent shall send the Competent Authority and

the identified stakeholders a report setting out>

(a) all comments made by the identified stakeholders and

the public<

(b) how these comments were, or were not, taken into

consideration and integrated in the plan or programme<

(c) how environmental considerations were integrated into

the plan or programme<

(d) how the environmental report was taken into account

into the plan or programme<

(e) any monitoring measures that will be adopted during

the implementation of the plan or programme.

(3) The proponent shall make this report available to the

(1) Within 30 days from receipt of the report in regulation Opinion report to

21, the Competent Authority shall send an opinion report to the Minister Minister.

and the proponent indicating>

(a) whether the obligations in these regulations have been

followed by the proponent<

(b) the envisaged significant impacts on the environment

resulting from the implementation of the plan or programme. In

providing this opinion, the Competent Authority shall not be bound

by the conclusions reached in the environmental report>

Provided that the Competent Authority shall give due regard to

the conclusions reached in the environmental report when providing

this opinion. Moreover, the Competent Authority shall provide the

reasons why it accepts or does not accept the conclusions reached by

the said environmental report.

(2) The Competent Authority shall make this opinion report

available to the public.

(3) It is the responsibility of the proponent to address any

issues identified in regulation 22(1)(a) of these regulations.

(1) The implementing agency shall monitor the Monitoring of

implementation.

implementation of the plan or programme as indicated in the

environmental report.

(2) The implementing agency shall send monitoring reports

to the Competent Authority, and as agreed with the Competent Authority.

(3) The implementing agency shall make a non-technical

summary of the monitoring report< the implementing agency shall make

this non-technical summary available to the public.

(4) The Competent Authority shall review these monitoring

reports and advise the implementing agency accordingly.

(5) The implementing agency shall take remedial measures

in agreement with the Competent Authority in the event that the

monitoring reports reveal significant unforeseen environmental impacts.

(1) Any document submitted by the proponent or on behalf

of the proponent in connection with these regulations shall be deemed

to be the property of the Competent Authority insofar as the Competent

Authority shall be empowered to reproduce the contents of any such

document at the Competent Authority’s discretion.

(2) The Competent Authority shall provide access to these

documents to the public in accordance with Legal Notice 116#2005 on

Freedom of Access to Information on the Environment.

(3) The provisions of these regulations shall not affect the

obligation of the Government of Malta to respect the limitations imposed

by any law in force in Malta with regard to commercial and industrial

confidentiality, including intellectual property, and the safeguarding of

the public interest.

(1) The Competent Authority may provide the proponent

and his consultants, as applicable, with an advisory and quality control

function throughout this process and may levy such fees and charges it

may deem appropriate.

(2) The Competent Authority may formulate, adopt and

publish guidance for the better implementation of these regulations.

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