114 tal-2007 - Regolamenti tal-2007 dwar l-Istudju dwar l-Impatt Ambjentali Arranġament ta’ l-Artikoli

L.N. 114 of 2007

DEVELOPMENT PLANNING ACT

(CAP. 356)

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Environmental Impact Assessment Regulations, 2007

(1) The title of these regulations is the Environmental Impact Citation and entry

into force.

Assessment Regulations, 2007.

(2) These regulations shall come into force on the date of

publication of these regulations, other than Part VI, which shall come

into force on such date as the Minister responsible for the environment

may by notice in the Gazette appoint, and different dates may be so

appointed for different provisions and different purposes of these

regulations.

(1)

In these regulations, unless the context otherwise Interpretation.

requires>-

“aquifer” means all underground freshwater-bearing strata

capable of yielding water, and includes groundwater reservoirs,

groundwater catchment areas, the waters in geological rock

formations, including fissures and fractures, and the structures

containing deep fossil waters<

“the Act” means the Development Planning Act<

“affecting” means will or may have an effect on<

“applicant” means any applicant seeking development

permission and includes a department and a Government entity<

“archaeology” means the study of ancient cultures by the

excavation and analysis of physical remains<

“the Authority” means the Malta Environment and Planning

Authority established under article 3 of the Act and includes any

body or other person acting on its behalf under powers delegated

by the Authority under the Act<

“baseline studies” means technical studies, prepared by

consultants, that describe in detail the existing environmental, social

and economic characteristics of the area being assessed, and how

these might develop without intervention<

“certificate” means a certificate of registration issued

according to the provisions of sub-regulation (4) of regulation

35 of these regulations<

“Committee” means the Inter-departmental Planning

Committee established under subarticle (1) of article 17D of the

Act<

“consultant” has the same meaning as is assigned to an

environmental impact assessment consultant in sub-regulation (3)

of regulation 35 of these regulations<

“consultees” means departments and agencies of Government,

local councils or any other body which the Director of Environment

Protection might request the consultants to consult<

“contributors” means technical experts that give minimal input

to the environmental impact assessment process but do not in any

way assess the impacts of the project<

“co-ordinator” means an environmental impact assessment

consultant who possesses the appropriate qualifications and has

knowledge and training in environmental impact assessment

techniques and methods and who is co-ordinating the preparation

of an environmental impact assessment, preparing the coordinated

assessment and writing the relative environmental impact statement

or environmental planning statement, as the case may be<

“conservation” means the management or control of human

use of a natural resource or the environment in such a manner that

it may yield the greatest sustainable benefit to present generations

whilst maintaining its potential to meet the needs and aspirations

of future generations< and includes preservation, maintenance,

sustainable utilisation, restoration, rehabilitation, reinstatement and

enhancement of a natural resource or the environment<

“council” has the same meaning as is assigned to it by article

2 of the Local Councils Act<

“cultural heritage” means>

(a) monuments - being architectural works, works of

monumental sculpture and painting, elements or structures

of an archaeological nature, inscriptions, cave dwellings and

combinations of features<

(b) groups of buildings - being groups of separate or

connected buildings or the spaces between them, singular

buildings or their immediate surroundings which are to be

conserved because of their architectural character, their

homogeneity or their place in the landscape<

(c) sites - being works of man or the combined works

of nature and of man, and areas including archaeological sites

which are of value from the point of view of history, art,

science, culture, aesthetics, ethnography, anthropology and

includes also their surroundings<

“cumulative impact” means the combined effect on the

environment of two or more projects, or parts of projects, including

synergistic effects<

“department of Government” means any department or

ministry and includes a Minister, Parliamentary Secretary, and any

public officer or other person acting on his behalf<

“developer” means that person who applies for development

permission for a public or private project<

“development” has the same meaning assigned to it by

subarticle (2) of article 30 of the Act<

“development permission” means a permission to carry out

development granted by the Authority either on an application in

that behalf or in a development order<

“development order” means an order made under and for the

purpose of article 31 of the Act<

“Director of Planning” means the Director of Planning

appointed under article 6 of the Act and includes any person acting

on his behalf or under his authority<

“Director of Environment Protection” means the Director of

the Environment Protection Directorate of the Malta Environment

and Planning Authority and includes any person or body of persons

acting on his behalf or under his authority<

“ecology” means the study of the interactions of living

organisms with other individuals of their own or of different

species, and with their environment<

“ecosystem” means a dynamic complex of plant, animal and

micro-organism communities and their non-living environment

interacting as a functional unit<

“effects” include>

(a)

direct effects, which are caused by an action<

(b) indirect effects, which are caused by an action or

actions and are later in time or further removed in distance,

but are still reasonably foreseeable< and includes growth-

regulating effects and other effects related to induced changes

in the pattern of land use, population density or growth rate,

and related effects on air and water and other natural systems

including ecosystems<

(c) ecological effects (including the effects on natural

resources and on the components, structures, and functioning

of affected ecosystems)<

(d) aesthetic, historic and cultural effects, whether

direct, indirect, or cumulative<

(e) socio-economic effects (including impacts on

incomes, employment, foreign exchange, recreational and

educational opportunities, social structure, culture, health,

safety, transport and general amenity), whether positive or

negative, direct or indirect through the generation of

environmental impacts<

(f) those effects resulting from actions which may have

both beneficial and detrimental effects, even if on balance

the consultants believe that the effect will be beneficial<

(g) secondary, cumulative, short, medium and long

term, permanent, temporary, positive and negative effects<

“environment” includes any one of, more of, or a combination

of the following>

(a)

air, land and water<

(b) plant and animal life<

(c)

social, economic and cultural conditions<

(d) any man-made development<

(e) any solid, liquid, gases, odour, heat, light, sound,

vibration and radiation<

(f)

any natural resource< and

(g) any part or combination of the foregoing and the

interrelationship between any two or more of them<

“environmental impact assessment” means the process of

identifying, predicting, evaluating and mitigating the biophysical,

social, economic and other relevant effects of proposed projects

and physical activities prior to major decisions and commitments

being made<

“environmental impact statement” means the result of a full

environmental impact assessment study presented as a report which

describes a development listed in Category I of Schedule IA to

these regulations and its effects on the environment indicating how

these effects have been taken into account<

“environmental interference” means any impairment of living

resources, ecosystems, human well-being (including health, safety,

cultural, commercial, transportation, recreational and educational

activity), material property, amenities or other legitimate uses of a

natural resource or the environment, caused, directly or indirectly,

by man through polluting substances, ionising radiation, noise,

explosions, vibration or other forms of energy, or movement of

matter, flora, fauna, diseases, flooding, smothering or other similar

means and includes the suppression of all those factors sustaining

the environment<

“environmental planning statement” means the result of a

limited environmental impact assessment study presented as a

report which describes a development listed in Category II of

Schedule IA to these regulations and its effects on the environment

indicating how these effects have been taken into account<

“environmental survey reports” means the original technical

studies prepared by the consultants for particular aspects of the

environmental impact assessment (for example, ecology, emissions

to air, archaeology, etc.)<

“extension” means any addition to a development and may

include increase in area, height, volume or capacity<

“fauna” means all types of animals<

“flora” means all types of vegetation<

“geology” means the science of the earth’s crust, strata and

origin of its rocks<

“Government entity” means a body corporate established by

law, a Government entity, and a company or other body in which

the Government or a body corporate or entity as aforesaid, or a

combination thereof, has a controlling interest or which is a

subsidiary of such a company< but it does not include the Authority<

“habitat” means that set of locations that satisfy the resource

requirements of a species and where it can fulfil its ecological

role<

“hazardous waste” has the same meaning as is assigned to it

in the Environment Protection Act or under regulations made under

the said Act or under any other law or regulations which may from

time to time replace the said Act<

“human environment” includes the natural and physical

environment and the relationship of people (including employees,

neighbours, consumers, and tourists) with that environment<

“identified stakeholders” means departments and agencies of

Government, local councils, non-government organisations or any

other body identified by the Authority, as having an interest in the

project<

“impacts” has the same meaning as is assigned to the word

“effects” in these regulations<

“Junior Impact Assessor” means an environmental impact

assessment consultant who possesses the required qualifications

and experience in a particular environmental discipline but lacks

experience and knowledge in environmental impact assessment

techniques and methods<

“landscape” means the characteristics, patterns, forms and

structures of the environment, including the traits, patterns, forms

and structures of a specific geographic area, its biological

composition, its physical environment, its geology, its

geomorphology, its palaeontology, its lithostratigraphy and its

anthropogenic and social patterns<

“locality” has the same meaning as is assigned to it by article

2 of the Local Councils Act<

“the Minister” refers to the Minister responsible for the

environment<

“mitigation” includes>

(a) avoiding the impact altogether by not taking a

certain action or part of an action<

(b) minimizing negative impacts by limiting the degree

or magnitude of the action and its implementation<

(c)

maximizing the positive impacts of developments<

(d) rectifying the impact by repairing, rehabilitating,

or restoring the affected environment<

(e) reducing or eliminating the impact over time by

conservation operations during the life of the action<

(f) compensating for the impact by replacing or

providing substitute resources or environments<

“natural environment” means>

(a) natural features consisting of physical and

biological formations or groups of such formations<

(b) geological and physiographical, geomorphological,

lithostratigraphical, palaeontological and hydrological

formations and precisely delineated areas which constitute

the habitat of threatened species of flora and fauna<

(c) natural sites or precisely delineated areas of value

from the point of view of science, scenic value, conservation

or natural beauty<

“pollution” means the introduction by man, directly or

indirectly, of any substance or energy into the environment resulting

in deleterious effects of such a nature as to endanger human health,

harm living resources, ecosystems and material property, and

impair amenities or interfere with other legitimate uses of the

environment<

“precautionary principle” means the adoption of, or taking of

preventative measures when there are reasonable grounds for

concern that threats of serious or irreversible damage to the

environment might occur even if there is a lack of scientific

certainty< provided that such uncertainty shall not be used as a

reason for postponing measures to avoid, reduce, prevent, anticipate

or control such threats or damage to the environment<

“project” means the proposed development for which a

development permission is being sought<

“project description statement” means a description of the

site and the proposed development in sufficient detail to identify

the likely effects on the environment and their acceptability under

specific policies contained in the Structure Plan and other

development plans and in planning policies<

“protected sites and areas” means>

(a) any property scheduled under the provisions of

article 46 of the Act<

(b) any property which, though not being scheduled

property under the provisions of articles 46 and 48 of the

Act, is protected under the provisions of article 47 of the Act

by an emergency conservation order<

(c) any tree scheduled under the provisions of article

48 of the Act<

(d) any area, building, site or archaeological remains

protected under the provisions of the Environment Protection Cap. 435.

Act, or any other law which may from time to time replace it<

(e) cultural heritage as defined by article 2 of the

Cultural Heritage Act, which is protected according to the Cap. 445.

provisions of that Act or of any other law which may from

time to time replace it<

(f) any urban conservation area designated under the

Structure Plan and any other development plan<

(g) any rural conservation area designated under the

Structure Plan and any other development plan<

(h) any village core area designated under the

Temporary Provisions Schemes< and

(i) any other objects, areas or sites which are protected

under the provisions of any other law<

“public” means one or more natural or legal persons and, in

accordance with national legislation or practice, their associations,

organisations or groups<

“the public concerned” means the public affected or likely to

be affected by, or having an interest in, the environmental decision-

making procedures referred to in these regulations< for the purposes

of this definition, non-governmental organisations promoting

environmental protection and meeting any requirements under

national law shall be deemed to have an interest>

Provided that where the term “public” appears in these

regulations it shall include “the public concerned”<

“public hearing” means a public consultation exercise, which

may include, but is not limited to> audio-visual presentations, public

exhibitions, meetings with identified stakeholders, question and

answer sessions, or combinations thereof, all of which shall be

open to the public and chaired # supervised by the Director of

Environment Protection.

“Register” means the Register of Environmental Impact

Assessment Consultants established under sub-regulation (1) of

regulation 35 of these regulations<

“Registration and Review Board” means the Registration

Board established under sub-regulation (1) of regulation 36 of these

regulations<

“scoping” means the process of identifying key issues,

significant actions, alternatives and impacts to be considered in an

environmental impact assessment<

“screening” means the decision of whether or not a proposal

should be subject to an environmental impact assessment<

“Senior Impact Assessor” means an environmental impact

assessment consultant who possesses the required qualifications

in a particular environmental discipline and knowledge of and

experience in environmental impact assessment techniques and

methods<

“significantly” requires considerations of both context and

intensity>

(a) context - this means that the significance of an

action shall be analysed in several contexts such as society as

a whole, the surroundings of the project, the affected interests,

the site of the project and the distribution of relevant features

of archaeological, ecological, scientific, hydrological,

geological and scenic value<

(b) intensity - this means the severity of impact and

the following elements shall be considered in evaluating

intensity>

(i) impacts that may be beneficial, adverse or

neutral<

(ii) the degree to which the project affects public

health or safety<

(iii) unique or otherwise rare or valuable

characteristics of the geographic area which affect its

relationship with the natural environment and the cultural

heritage<

(iv) the degree to which the project affects the

quality of the human environment<

(v) the degree to which the possible effects on

the human environment are uncertain or involve unique

or unknown risks<

(vi) the degree to which the action may establish

a precedent for future actions with potentially significant

effects or represents a decision in principle about a future

consideration<

(vii) whether the action is related to other actions

with individually insignificant but cumulatively

significant impacts<

(viii) whether the action threatens a violation of

any law or policy-making provision for the protection

of the environment<

(ix) whether the action is permanent or reversible<

“treaty” has the same meaning as is assigned to it in article 2

of the Ratification of Treaties Act<

“use of a natural resource” means any human conduct which,

directly or indirectly, takes advantage of the benefits of a natural

resource in the form of preservation, exploitation and possible

depletion, consumption or otherwise.

(2) The definition of any word or expression in sub-

regulation (1) of this regulation shall extend to all grammatical variations

and related expressions of the word or expression so defined.

(3) Any word or expression used in these regulations which

is defined by article 2 of the Act shall have the same meaning as is

assigned to such word or expression by that article of the Act.

PART II

TYPES OF ENVIRONMENTAL IMPACT ASSESSMENT

(1) The Malta Environment and Planning Authority shall Environmental

Impact Assessment.

be the responsible competent authority for performing the duties as set

out in these regulations.

(2) An environmental impact assessment is intended to

identify, describe and assess in an appropriate manner, in the light of

each individual proposal for development and in accordance with the

provisions of these regulations, the direct and indirect effects of that

development on the following factors>

(a) fauna and flora, and the living components of the

environment<

(b) soil, water, air, climate, the landscape, and the non-living

components of the environment<

(c) the interaction between the factors mentioned in

paragraphs (a) and (b) of this sub-regulation<

(d) material assets and the cultural heritage< and

(e) human beings and their interactions with the factors

mentioned in paragraphs (a) to (d) of this sub-regulation.

(3) An environmental impact assessment, depending on the

type of the development, shall take one of the following forms>

(a)

either a full environmental impact assessment< or

(b) a limited environmental impact assessment.

(4) Any development listed under Category I of Schedule

IA to these regulations shall require a full environmental impact

assessment by the preparation of an environmental impact statement,

unless the Authority refuses permission as stated in sub-regulation (2)

of regulation 4 of these regulations.

(5) Subject to sub-regulation (6) of this regulation any

development proposal which is submitted and falling within the scope

of the threshold indicated in the schedule listed under Category II of

Schedule IA to these regulations, shall require a limited environmental

impact assessment by the preparation of an environmental planning

statement, unless the Authority refuses permission as stated in sub-

regulation (2) of regulation 4 of these regulations<

Provided that where a planning application for a development

listed under Category II of Schedule IA of these regulations is submitted

for which no threshold is indicated in this schedule, the Director of

Environment Protection shall decide whether the development would

or would not be likely to have significant effects on the environment

having regard to the criteria set out in Schedule IB, on the basis of

which an environmental planning statement may be required.

(6) The Director of Environment Protection, acting of his

own accord or on the advice of the Director of Planning, may require

the applicant, in the case of any application for development permission

concerning a development which is not included in Category I of

Schedule IA to these regulations (even though such development may

be included under Category II of Schedule IA to these regulations) to

prepare a full environmental impact statement if he is of the opinion

that significant impacts are likely to occur having regard to the criteria

set out in Schedule IB and a normal planning application or an

environmental planning statement do not provide an adequate basis for

evaluating such development.

(7) Notwithstanding the provisions of sub-regulations (4),

(5) and (6) of this regulation and subject to sub-regulation (8) of this

regulation, the Director of Environment Protection acting on his own

accord or on the advice of the Director of Planning, may require the

applicant, in the case of any application for a development permission

concerning a development which is not included in Categories I or II of

Schedule IA to these regulations, to prepare an environmental impact

statement or an environmental planning statement if the Director of

Environment Protection is of the opinion that significant impacts are

likely to occur due to the characteristics and location of the proposal

having regard to the criteria set out in Schedule IB and a normal

development permission application would not provide an adequate basis

for evaluating such development.

(8) Notwithstanding the provisions of sub-regulation (5) of

this regulation, following a request made by the applicant in writing

with a detailed justification as to why the project is unlikely to have

significant environmental impacts the Director of Environment

Protection may exempt an applicant from preparing a limited

environmental impact assessment notwithstanding that the development

is one which is listed in Category II of Schedule IA to these regulations

if he is of the opinion that the project description statement presented

under the provisions of sub-regulation (1) of regulation 5 of these

regulations, has considered environmental issues in a sufficient manner

such that the preparation of a limited environmental impact assessment

would not add any new information and the Authority has all the

necessary information to determine the application provided that it is

unlikely that the project will have significant environmental effects

taking into account the information provided in the project description

statement in terms of the criteria listed in Schedule IB. In such a case, a

detailed justification as to why a limited environmental impact

assessment was not requested shall be provided and shall be published

in the Government Gazette.

(9) Notwithstanding the provisions of sub-regulations (6),

(7) and (8) of this regulation, the Environmental Impact Assessment

procedure may also be undertaken for proposed development projects

even prior to the submission of a formal development permission

application, so long as the development proposal is, prima facie,

acceptable in principle by the Director of Planning. In this case, all the

provisions in these regulations for the preparation of an environmental

impact statement or environmental planning statement, shall mutatis

mutandis apply.

(1) Subject to sub-regulation (8) of regulation 3 of these

regulations, no development permission shall be granted by the Authority

authorising any development listed in Schedule IA to these regulations

if no environmental impact assessment has been submitted to the

Authority according to the provisions of these regulations.

(2) Subject to sub-regulation (8) of regulation 3 of these

regulations, the Authority shall refuse development permission in the

case of a development that would otherwise require an environmental

impact assessment, even though no environmental impact assessment

has been submitted to the Authority according to the provisions of these

regulations>

(a) where the development is clearly against any approved

development plan or planning policy< or

(b) where the development is likely to compromise the

preparation of a development plan in the foreseeable future< or

(c) where the effects of a development project are clearly

unacceptable< or

(d) if the project description statement indicates that the

proposed development will have unacceptable environmental

impacts.

(1) Without prejudice to the provisions of regulation 3 of

the Development Permission (Method of Application) Regulations, 1992

and in addition to the requirements mentioned in sub-regulation (2) of

that regulation, an application for development permission concerning

any development that may require to be subjected to an environmental

impact assessment under regulation 3 to these regulations shall be

accompanied by a project description statement.

(2) If an application for development permission is not

accompanied by a project description statement as provided in sub-

regulation (1) of this regulation and, in the opinion of the Director of

Environment Protection in terms of regulations 3(4), (5), (6) and (7),

such application is one which may require an environmental impact

assessment, the Director of Environment Protection shall inform the

applicant that his application may require an environmental impact

assessment and that in terms of subarticle (2) of article 36 of the Act,

the period of time mentioned in subarticle (1) of article 36 of the Act

for the determination of the application shall be suspended until the

applicant furnishes the Authority with a project description statement

in terms of sub-regulation (1) of this regulation.

(3) A project description statement shall contain the

following information as applicable,

(a) details of the person wishing to carry out the

development<

(b) a brief description of the project and its general

objectives<

(c) an indication of the proposed timing of the project and

why this timing was preferred<

(d) the location of the proposed development with site

boundaries clearly shown on a map<

(e) a concise but reasonably comprehensive indication of

the alternative uses, alternative technologies and suitable alternative

locations and sites for the proposed development and alternative

arrangement of land uses, on the proposed site<

(f) a description of the physical characteristics including

size, scale, design and phasing of the development using models,

photographs, diagrams, plans and maps where appropriate<

(g) a description of present land uses and environmental

characteristics of the site<

(h) a brief description of surrounding land uses, their nature,

their extent and their environmental characteristics<

(i) a description of the services, water, foul water sewers,

surface water drainage, including storm water drainage, and energy

sources available on site<

(j) estimates of the number of persons to be employed with

estimates for each phase of the development<

(k) the nature and quantities of raw materials and energy to

be used, and wastes generated during construction and operation<

the proposed method of storage or handling of materials and wastes,

and machinery needed during both the construction and the

operational phases<

(l) access arrangements and general parking requirements

on and off the site, during both construction and operation<

(m) list of the major environmental impacts likely to be

generated by the project, including reference to cumulative impacts,

proposals for mitigating the negative effects of the development<

and

Provided that the information contained in the project

description statement is relevant to the given stage of the consent

procedure and to the specific characteristics of the particular project

or type of project and of the environmental features likely to be

effected.

(4) Notwithstanding the provisions of sub-regulations (1)

and (2) of this regulation, the Authority may request the preparation of

a Project Description Statement for proposed developments even prior

to the submission of a formal development permission application. In

this case, the provisions of sub-regulation (3) of this regulation still

apply.

(1) The applicant may of his own accord submit an

Environmental Scoping Statement to the Director of Environment

Protection, prior or in conjunction with the submission of the Project

Description Statement.

(2) The Environmental Scoping Statement shall>

(a) describe the environmental characteristics of the project

and the project environment<

(b) outline the potential impacts on the project environment

that could arise from the construction (including

demolition#clearance and decommissioning where relevant) and

the operation of the project<

(c) identify those potential impacts that may significantly

affect the project environment, and

(d) identify the potential secondary and cumulative

environmental impacts of the project, and the interactions between

potential environmental impacts.

(3) Any baseline surveys and # or investigations undertaken

in support of paragraphs (a) to (d) of sub-regulation (2) of this regulation

shall be included in the Environmental Scoping Statement.

(4) The environmental scoping statement shall be prepared

by consultants registered as EIA Coordinators under Part VI of these

regulations.

(5) The baseline surveys prepared in accordance with the

provisions of sub-regulation (3) of this regulation, shall be taken account

of in the formulation of the project proposal with a view to mitigate the

impacts of the proposed development at the design stage and shall, for

the purposes of these regulations be deemed to constitute part of the

environmental impact statement or environmental planning statement,

as the case may be, once the latter is commissioned.

(1) After the project description statement, which shall be Screening.

in conformity to regulation 5 of these regulations, is submitted by the

applicant to the Authority, the Director of Environment Protection shall

decide whether the development is one which is included under sub-

regulations (3) to (9) of regulation 3 or regulation 4 of these regulations.

(2) The Director of Environment Protection shall inform

the applicant of his decision not later than four weeks after the project

description statement prepared in conformity with regulation 5 of these

regulations has been received by the Authority and shall give reasons

for his decision.

(3) Once the Director of Environment Protection notifies

the applicant that his application requires an environmental impact

assessment according to Schedule IA of these regulations, the applicant

shall, within 30 days of notification, write to the Director of Environment

Protection to inform him that he accepts his views and shall provide an

environmental impact assessment within a time period to be specified

by the applicant.

(4) Until the applicant furnishes an environmental impact

assessment which complies with the provisions of these regulations,

the period of time mentioned in subarticles (1) and (2) of article 36 of

the Act for the determination of the application shall be suspended. The

said periods shall again commence to run from the date on which the

Authority has received the environmental impact statement or

environmental planning statement, as the case may be, and the Authority

has accepted this statement as being a valid submission in accordance

with sub-regulation (4) of regulation 26 of these regulations.

(5) If the applicant does not write to the Director of

Environment Protection in accordance with sub-regulation (3) of this

regulation, the application shall be processed according to the provisions

of sub-regulation (1) of regulation 4 of these regulations.

(1) After the expiration of the period mentioned in sub-

regulation (3) of regulation 7 of these regulations, the Director of

Environment Protection shall inform such departments and agencies of

Government which he deems proper, of the receipt of a project

description statement in relation to a development that requires the

preparation of an environmental impact statement or an environmental

planning statement, as the case may be.

(2) The Director of Environment Protection shall also inform

the applicant in writing of the names and addresses of the departments

and agencies so notified.

(3) The departments and agencies so notified shall, if

requested by the applicant, enter into consultation with him to determine

whether they have in their possession any information which the

applicant or they consider relevant to the preparation of an environmental

impact statement or an environmental planning statement and, if they

have such information, such departments and agencies of Government

shall make it available to the applicant, 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.

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

relevant information available may be made by a body supplying

information sought by the applicant, in accordance with sub-regulation

(3) of this regulation.

(5) After the expiration of the period mentioned in sub-

regulation (3) of regulation 7 of these regulations, the Director of

Environment Protection shall publish, in the Gazette and in a local

newspaper, a list of applications that require an environmental impact

assessment according to sub-regulations (4), (5), (6) or (7) of regulation

3 of these regulations.

(1) The applicant shall be responsible for commissioning Managing

preparation of an

an environmental impact statement or an environmental planning environmental

statement in accordance with the provisions of regulation 11 or regulation impact assessment.

33 of these regulations, as the case may be. In the event of any reasonable

doubt about the quality or impartiality of the environmental impact

statement or the environmental planning statement or any part thereof,

or any similarly significant concern, the Authority may commission,

an independent assessment at the expense of the applicant.

(2) During the preparation of the environmental impact

statement or the environmental planning statement, the Director of

Environment Protection and the Director of Planning shall provide an

advisory and quality control function.

(3) Without prejudice to the provisions of sub-regulation

(1) of this regulation, in cases where more than one development

permission application requiring an environmental impact assessment

are being considered in the same locality or are otherwise interrelated,

the Director of Environment Protection may request that one

comprehensive environmental impact statement or environmental

planning statement, as the case may be, be carried out for the projects

in question. .

PART III

FULL ENVIRONMENTAL IMPACT ASSESSMENT

(requiring an Environmental Impact Statement)

(1) Prior to formulating the terms of reference for the Setting terms of

environmental impact statement, an appraisal of all foreseeable (or reference

environmental

expected) environmental impacts of the development shall be carried impact statement.

out by the Director of Environment Protection on the basis of, but not

limited to, information contained in the project description statement.

(2) The Director of Environment Protection shall invite

relevant government departments and the local council which is

responsible for the locality where the development is proposed to be

executed and other local councils, that in the opinion of the Director of

Environment Protection are likely to be affected by the project, to provide

information, within twenty-one days of notification, on what they wish

to see included in the terms of reference giving reasoned justification

for doing so.

(3) (i) The Director of Environment Protection shall place

an advert in a local newspaper, at the expense of the applicant, inviting

the general public to inform him, within twenty-one days of publication

of the advert, of issues that they would wish to see included in the terms

of reference. The Director of Environment Protection may also convene

a public hearing, prior to the setting of the terms of reference, when it is

considered that the proposed project is of major significance because

of its scale, location, hazardous properties or other reasons. The cost of

such a meeting shall be borne by the applicant.

(ii) The Director of Environment Protection shall organise

a meeting with the applicant and his representatives on the request of

the applicant to discuss what is to be included in the terms of reference.

Minutes are to be kept of the meeting. At his discretion, the Director of

Environment Protection may seek the endorsement of the applicant of

the said minutes.

(4) Following these consultations the Director of

Environment Protection shall draw up the final terms of reference. The

terms of reference shall include a request for information. This

information shall be relevant to the given stage of the consent procedure

and to the specific characteristics of the particular project or type or

project and of the environmental features likely to be effected.

(5) The Director of Environment Protection shall

communicate a copy of the approved terms of reference to the applicant,

to the applicant’s architect or consultants and to such other persons he

deems proper.

(6) The Director of Environment Protection shall grant

access to the public to the final terms of reference of an environmental

impact statement.

(1) An environmental impact statement shall be prepared

by consultants registered under Part VI of these regulations.

(2) The applicant shall select the consultants to prepare an

environmental impact statement from the Register and shall

communicate the names of the consultants so chosen to the Director of

Environment Protection.

(1) The environmental impact assessment coordinator

nominated by the applicant shall be chosen from among the

environmental impact assessment coordinators listed in the Register of

Consultants in terms of Part VI of these regulations.

(2) The coordinator shall be responsible for briefing the

other consultants, liaising with the applicant and his project design team,

the Director of Planning, the Director of Environment Protection, other

departments and agencies of Government, and the local council with

responsibility for the locality in which the development is being proposed

to be executed, and affected local councils if the nature or impacts of

the project are such that they may affect them.

(3) The coordinator shall prepare a coordinated

environmental statement based on the findings and interpretations

derived from specialized analyses carried out by the other consultants,

other studies and documents compiled by the consultants and the

comments made by the persons mentioned in sub-regulation (3) of

regulation 21 of these regulations.

A full environmental impact assessment for development Procedures to be

followed in the

shall involve the following procedures>

preparation of a full

environmental

impact assessment.

(a) describing the development including all ancillary

facilities<

(b) describing the extent of the existing environment likely

to be affected by the proposed development<

(c) identifying and assessing the effects of the proposed

development on the existing environment<

(d) designing mitigation measures<

(e)

formulating monitoring and auditing requirements< and

(f) preparing a non-technical summary of the environmental

impact statement.

(1) The consultants shall describe the proposed Description of the

Proposed

development including >

Development

Project.

(a)

a justification for the proposal<

(b) a description of the physical characteristics and features

of the project including production processes (if relevant) and

amounts of emissions, wastes and residues expected during both

construction and operation<

(c) a description of the financial feasibility of the project.

A description of alternative sites considered, and alternative

technologies that could be employed during construction and when

in operation, shall also be included. In doing so, they may also

refer to the project description statement mentioned in regulation

5 of these regulations.

(2) Without prejudice to article 39 of the Act, where the

proposed development has a limited life, the after use of the development

shall also be described.

The consultants shall describe the existing environmental

conditions in and around the site in terms of>

(a)

physical features>-

(i) population<

(ii) flora, fauna and ecosystems (terrestrial and marine),

including both habitats and species and, in particular, protected

and endangered species and their habitats<

(iii) soil, agricultural quality and produce<

(iv) geology and geomorphology, including

palaeontology and noting geological sites<

(v) water and hydrological features<

(vi) air, including prevailing meteorological factors and

air quality<

(vii) cultural heritage and protected sites and areas<

(viii) landscape and topography, including the coast

and submarine features<

(ix) land use, including recreational uses< and

(x) any other relevant environmental features<

(b) policy framework>-

(i) the planning policy framework which affects the

development shall also be analysed. Such analysis shall

include the relevant planning policies set out in the Act, in

development plans and in other planning policies approved

under the provisions of the Act, the Environment Protection

Act, or under any other law<

(ii) in particular, but without prejudice to the generality

of paragraph (a) of this regulation, the policy review shall

relate to>

(1) the site of the proposed development<

(2) the surrounding areas in which impacts may

be experienced by the proposed development<

(3) any treaty adhered to by Malta<

(4) policies adopted by any department and

Government entity which might have a bearing on the

development<

(5) protective scheduling or other designations

pertaining to the site and its surroundings< and

(6) any other law having a bearing on the

development.

(1) The probable effects, both of the finished development Assessment of

effects of the

and during construction, shall be predicted.

development.

(2) All significant impacts of the proposed development

shall be considered and assessed including the main effects on>

(a) buildings and other man-made features (including

infrastructure)<

(b) flora, fauna, ecology and geology including

geomorphology and palaeontology<

(c)

land<

(d) water<

(e)

air and climate<

(f) other indirect and secondary effects associated with the

development<

(g) human beings (including health and safety measures).

(3) Hazard and risk assessment of the development shall

also be undertaken.

(4) If any of the effects assessed in regulations (1) to (3) of

this regulation are envisaged to have transboundary impacts, these should

be assessed and clearly stated in the environmental impact statement.

Provisions dealing with such impacts shall follow the procedures set in

Part V of these regulations.

Where adverse effects are identified, the consultants shall

state clearly what significance they attribute to these effects and the

mitigation measures they propose to be incorporated in the development

and evaluate their effectiveness.

(1) The consultants shall devise a scheme to monitor the

impacts of the development which may arise during the construction

and operational phases.

(2) The consultants shall also identify which records the

applicant shall keep for the purpose of monitoring the environmental

impacts of the development.

(3) The Authority shall have access to any such records both

during the construction and operational phases of the development.

(1) Notwithstanding the provisions of regulations 13 to 18

of these regulations, the Director of Environment Protection may modify

the specific terms of reference set out for an environmental impact

assessment in these regulations according to the planning and

environmental considerations of each and every development.

(2) The Director of Environment Protection shall grant

access to government departments, local councils and the public, to

any amended terms of reference according to the provisions of sub-

regulations (5) and (6) of regulation 10 of these regulations.

(1) The consultants shall first prepare>

Draft environmental

(a)

a draft environmental impact statement which shall>

(i) cover all the topics specified in the terms of

reference issued by the Director of Environment Protection<

(ii) be presented in an intelligible form<

(iii) be in the either Maltese or English language or

both< and

(b) contain a non-technical summary which shall be a

separate document presented in both the Maltese and English

languages.

(2) The analysis of the impacts on the environment shall be

presented in summary, chart, tabular or pictorial format and in a

descriptive manner.

(3) The various techniques and methods used in the analysis

and predictions shall be included in the environmental impact statement.

All assumptions and the reasoning behind such assumptions shall also

be included.

(4) The original environmental survey reports shall be

attached to the environmental impact statement.

(5) An indication of any difficulties, including technical and

other difficulties, encountered by the consultants in compiling the

required information shall also be included.

(6) It shall be the consultants’ responsibility to ensure that

all references to published works and sources of information shall be

duly acknowledged.

(7) The various reports constituting the environmental

impact statement shall be written in co-ordination with one another and

shall be presented in a coherent manner.

(8) The consultants shall ensure the professional integrity,

including scientific integrity, of the discussions and analyses in

environmental impact statements.

(9) Where the consultants are evaluating reasonably

foreseeable significant effects on the environment and there is

incomplete or unavailable information, the consultants shall always

make clear that such information is lacking or incomplete.

(10) If the incomplete information referred to in sub-

regulation (9) of this regulation is essential to a reasoned choice among

alternatives and the overall costs of obtaining it are not exorbitant, the

consultants shall include the information in the environmental impact

statement.

(11) If the information relevant to reasonably foreseeable

significant adverse impacts cannot be obtained because the overall costs

of obtaining it are exorbitant or the means to obtain it are not known,

the consultants shall include within the environmental impact statement>

(a) a statement that such information is incomplete or

unavailable<

(b) a statement of the relevance of the incomplete or

unavailable information to evaluating reasonably foreseeable

significant adverse impacts on the environment<

(c) a summary of existing credible scientific evidence which

is relevant to evaluating the reasonably foreseeable significant

adverse impacts on the environment< and

(d) the consultants’ evaluation of such impacts based upon

theoretical approaches or research methods generally accepted in

the scientific community.

(e) the provisions of sub-regulation 11 shall not preclude

the Authority from verifying the justification for any alleged

limitation, nor from requiring rectification of unjustified limitations.

(12) For the purposes of this regulation, “reasonably

foreseeable” includes impacts which have major or catastrophic

consequences, even if their probability of occurrence is low, provided

that>

(a) the analysis of the impacts is supported by credible

scientific evidence<

(b) it is not based on pure conjecture< and

(c)

is within the rule of reason.

(13) Wherever the available information is deemed by the

Director of Planning and the Director of Environment Protection to be

insufficient for acceptable determination of the application and wherever

the risk factor or hazard factor or both are deemed to be too high, they

shall, notwithstanding sub-regulations (1) to (4) of this regulation, adopt

the precautionary principle.

(1) After preparing a draft environmental impact statement

and before preparing a final environmental impact statement, a

consultation stage shall take place.

(2) The consultants shall submit copies of the draft

environmental impact statement to the Director of Environment

Protection and a copy or part thereof to any other department or

Government entity as the Director of Environment Protection may

request. The consultants shall inform the Director of Environment

Protection of the name of every body whom they have so served, of the

date of service and, where they have not served a copy of the whole of

the draft environmental impact statement, of which part of the copy

that was served.

(3) The Director of Environment Protection shall also

request the comments of the Director of Planning and of any other

department and Government entity which he may deem relevant for the

purpose on the whole document forming the environmental impact

statement or on part thereof.

(4) The Director of Environment Protection shall establish

a time limit within which the comments mentioned in sub-regulation

(3) of this regulation shall be received by him. Such time limit shall not

be less than thirty days from the date of receipt of the draft environmental

impact statement by the respective department or Government entity.

Should no comments be received within the stipulated period the

Director of Environment Protection shall assume that the consultees

have no comments to submit.

(5) Comments on the draft environmental impact statement

shall be as specific as possible and may address the adequacy of the

draft environmental impact statement, the merits of the alternatives

discussed, or any combination thereof.

(1) The draft environmental impact statement shall be Review of the draft

environmental

reviewed by the Director of Environment Protection and shall be impact statement.

assessed against the terms of reference, the quality of the data used and

the objectivity of analysis for the prediction of impacts. Comment may

also be made on the suitability of the mitigation measures proposed and

on any other matter that is deemed by the Director of Environment

Protection to be relevant.

(2) The Director of Environment Protection shall specify

in his comments whether he needs additional information, what

information he needs and, where relevant, the level of detail required.

The Director of Environment Protection may require an applicant to

produce such evidence as he may reasonably call for to verify any

information in his environmental impact statement.

(3) On completion of the consultation stage and of this

review, the Director of Environment Protection shall send a report

incorporating these and other comments, including any mitigation

measures he may deem fit, to the consultants for their consideration

and revision of the draft environmental impact statement.

(1) The consultants shall respond to the comments made

Revision of the draft

during the consultation stage by one or more of the following means>

(a) develop and evaluate alternatives not previously given

serious consideration by them<

(b) supplement, improve, or modify their assessment<

(c)

modify alternatives, including the proposed action<

(d) make factual corrections< or

(e) explain why the comments do not warrant further

response by them citing the sources, authorities, or reasons which

support the consultants’ position.

(2) All substantive comments received on the draft

environmental impact statement (or summaries thereof where the

response has been exceptionally voluminous) shall be attached to the

draft environmental impact statement whether or not the comment is

thought to merit individual discussion by the consultants in the text of

the environmental impact statement.

(1) On receipt of the consultant’s comments or revisions,

in accordance with regulation 23 of these regulations, the Director of

Environment Protection shall review the draft environmental impact

statement as amended.

(2) The Director of Environment Protection shall consider

whether the statement has been satisfactorily compiled, prepared in a

professional manner, is without bias and adequately meets the terms of

reference. If he is satisfied with the statement he shall certify it

accordingly and inform the consultants and all the consultees.

(3) If the Director of Environment Protection does not issue

a certificate as mentioned in sub-regulation (2) of this regulation, the

statement shall not be certified until the consultants abide by the

directions given to them by the Director of Environment Protection.

(4) On certification of the environmental impact statement

by the Director of Environment Protection according to sub-regulation

(2) of this regulation, the applicant shall comply with sub-regulations

(5), (6), (7) and (8) of this regulation.

(5) The applicant shall publish, at the applicant’s expense,

in at least one daily newspaper in the Maltese language and in at least

one daily newspaper published in the English language, a notice (as

specified in Schedule II) stating>

(a) the applicant’s name with respect to the application for

development permission<

(b) the date on which the application was validated<

(c) the address or location and the nature of the proposed

development<

(d) that a copy of the application and of the plans and other

documents submitted with it together with a copy of the draft

environmental statement may be inspected by members of the

public at reasonable hours<

(e) an address at which those documents may be inspected

and the latest date on which they shall be available for inspection

(being a date not less than fourteen days later than the date on

which the notice is published)<

(f) an address (whether or not the same as that given under

paragraph (e)) at which copies of the environmental statement may

be obtained<

(g) if a charge is to be made for a copy, the amount of the

charge< and

(h) that any person wishing to make representations about

the application, shall make them in writing, before the date named

in accordance with paragraph (e), to the Malta Environment and

Planning Authority.

(6) The applicant shall affix on the land a notice (as specified

in Schedule II to these regulations) containing the information specified

in sub-regulation (5) of this regulation, except that the date named as

the latest date on which the documents shall be available for inspection

shall not be less than twenty-one days later than the date on which the

notice is first affixed.

(7) The notice mentioned in sub-regulation (6) of this

regulation shall>

(a) be left in position for the whole duration of the

consultation period specified in sub-regulation (6) of this regulation

and in any case, for not less than seven consecutive days< and

(b) be affixed firmly to some object on the land and sited

and displayed in such a way as to be easily visible to, and readable

by, members of the public without going on to the land.

(8) Following the elapse of the period specified in sub-

regulation (7) of this regulation, the applicant shall submit to the

Authority a certificate by or on behalf of the applicant which states that

he has affixed a notice on the land in compliance with this regulation

and when he did so, and that the notice was left in position for not less

than seven days, or that, without any fault on his part, it was removed,

obscured or defaced before seven days had elapsed and he took

reasonable steps for its protection or replacement specifying the steps

taken.

(9) If any person issues a certificate which purports to

comply with the requirements of paragraph (b) of sub-regulation (8) of

this regulation, and which contains a statement which he knows to be

false or misleading in a material particular, or recklessly issues a

certificate which purports to comply with those requirements and which

contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence and the provisions of sub-article (1) of

article 56 of the Act shall apply.

(10) A date for the public hearing required in terms of

regulation 25 shall only be set once the applicant submits the

documentation required in sub-regulation (8) of this regulation.

(1) After having certified the draft environmental impact

statement the Director of Environment Protection shall arrange for a

public hearing to take place, at which the public may comment on the

environmental impact statement and express their views on the impact

of the proposed development.

(2) The Director of Environment Protection shall inform

the public as aforesaid and shall also inform the public of the day, time

and place where the public hearing shall take place by publishing a

notice in the Gazette and in the local newspapers. All reasonable

expenses incurred by the Authority for organising the public hearing

and publishing the said notices shall be borne by the applicant.

(3) The Director of Environment Protection shall give at

least fifteen days notice but not more than thirty days notice of the

public hearing.

(4) The Director of Environment Protection shall inform

the Director of Planning, the consultants and the persons mentioned in

sub-regulations (2) and (3) of regulation 21 of these regulations of the

date, time and place of the public hearing giving at least fifteen days

advance notice.

(5) A copy of the draft environmental impact statement shall

be made available for public inspection at the Authority, and may be

inspected throughout the period stipulated in sub-regulation (3) of

this regulation on such days and during such times as the Director of

Environment Protection deems proper, whilst at the same time making

the non-technical summary freely accessible on the Authority’s official

web site.

(6) A copy of the draft environmental impact statement shall

be submitted to the local council which is responsible for the locality

where the development is proposed to be executed and other local

councils, that in the opinion of the Director of Environment Protection

are likely to be affected by the project, so that it may be made available

for public inspection throughout the period stipulated in sub-regulation

(3) of this regulation.

(7) The Director of Environment Protection shall chair and

regulate the proceedings of the public hearing. He shall, as much as is

reasonable give every person present in the hearing who wishes to make

any submissions the opportunity to air his views on the environmental

implications of the proposed development. The language of the public

hearing shall be in Maltese.

(8) The views of the public as expressed during the public

hearing and in any written comments made by the public before, during

or up to seven days after the public hearing, shall be recorded by the

Director of Environment Protection. All the comments received or

recorded shall be collated into a report by the Director of Environment

Protection. This report shall be forwarded to the Director of Planning,

to the applicant and to his consultants not later than two weeks after the

date of the public hearing. A summary of all the comments shall be

presented in an appendix to the final environmental impact statement.

(1) Prior to the submission of the final environmental impact Submission of the

final environmental

statement to the Authority, the consultants shall further revise the impact statement to

environmental impact statement and the proposed development in the the Authority.

light of the written comments made by the public and the comments

made during the public hearing.

(2) The final environmental impact statement, including

environmental survey reports, as revised if so required, shall be submitted

by the co-ordinator to the Authority.

(3) The consultants may place discussion of methodology

in an appendix.

(4) The applicant shall ensure that his application conforms

to the recommendations made in the environmental impact statement.

The application shall not be determined until the Director of Planning

in consultation with the Director of Environment Protection is satisfied

that the development application conforms to the said recommendations

and the provisions of subarticle (2) of article 36 of the Act shall apply.

If not, the Director of Planning shall request the applicant to comply

with the said recommendations.

(5) The co-ordinator shall submit such number of copies of

the environmental impact statement to the Authority as the Director of

Environment Protection may reasonably establish.

(6) The Authority shall be empowered to reproduce the

contents of the environmental impact statement, once this is submitted,

at its own discretion.

(1) An applicant for development permission who submits

an environmental statement in connection with his application shall

ensure that a reasonable number of copies of the statement are available

at the address named in the notices published or affixed pursuant to

paragraph (f) of sub-regulation (5) of regulation 24 of these regulations,

as the address at which such copies may be obtained.

(2) Copies of the final environmental impact statement shall

be made available for sale to interested persons by the Director of

Environment Protection, whilst at the same time making the non-

technical summary accessible on the Authority’s official web site.

(3) The price of the said statement shall not exceed the cost

of their printing and distribution. Such charges shall be levied from

any member of the public for a copy of an environmental statement

made available in accordance with sub-regulation (1) of this regulation.

(1) The environmental impact statement shall list the

registration number and the names of the consultants and contributors

responsible for the preparation of the environmental impact statement,

environmental survey reports, appendices, non-technical summary and

any other component of the statement.

(2) The consultants who are responsible for a particular

analysis, including analysis in the environmental survey reports, shall

be identified.

(3) All consultants and contributors employed in the

environmental impact assessment shall sign a declaration stating that

the particular study (or part thereof) was solely carried out by them and

that they take responsibility for any statement and conclusion contained

therein. This signed declaration shall be included with each

environmental survey report included with the environmental impact

statement.

(1) In the interests of fairness, objectivity and the avoidance Conflict of Interest.

of bias, all consultants shall be required to sign, and abide by, a

declaration that they have no personal or financial interest in the proposed

development.

(2) The Director of Environment Protection shall not

approve consultants, groups of consultants or consultancy firms that

are in any way associated with any company, association or grouping

that has any direct or indirect personal, professional or financial interest

in the proposed development.

(3) The Director of Environment Protection shall not

approve any environmental impact statement or environmental planning

statement produced by a consultant or group of consultants, one or more

of whom does not comply with the provisions of sub-regulations (1) or

(2) of this regulation.

(1) Consultants shall incorporate material into an Incorporation by

reference.

environmental impact statement by reference when the effect will be to

cut down on bulk without impeding the review by the public during the

public participation process or by the Authority, any department and

Government entity, by the council which is responsible for the locality

where the development is to be executed, or by adjacent councils.

(2) The incorporated material shall be cited in the statement

and its content briefly described.

(3) No material may be incorporated by reference unless it

is reasonably available for inspection by potentially interested persons

within the time allowed for comment prescribed under sub-regulation

(4) of regulation 21 of these regulations.

(4) Material which is based on proprietary data which is

itself not available for review and comment shall not be incorporated

by reference.

(1) The environmental impact statement shall list all

permits, licences and other forms of authorisation which must be

need if development

obtained by the applicant in terms of any other law from any department

or Government entity in implementing the development if development

permission is granted.

(2) If the consultants are uncertain whether such

authorisation as mentioned in sub-regulation (1) of this regulation is

necessary, they shall so indicate in the environmental impact statement.

(1) The Authority shall keep a copy of each draft

environmental impact statement, the final environmental impact

statement and any documents connected therewith in a public reference

room.

(2) A copy of any environmental planning statement

submitted to the Authority under the provisions of Part IV of these

regulations shall also be kept in the public reference room.

(3) Access to the documents mentioned in sub-regulations

(1) and (2) of this regulation shall be given to any person during such

reasonable times as the Authority may determine.

PART IV

LIMITED ENVIRONMENTAL IMPACT ASSESSMENT

(requiring an Environmental Planning Statement)

(1) Prior to formulating the terms of reference for the

environmental planning statement, an appraisal of all foreseeable (or

expected) environmental impacts of the development shall be carried

out by the Director of Environment Protection on the basis of, but not

limited to, information contained in the project description statement.

(2) The Director of Environment Protection shall invite

relevant government departments and the local council which is

responsible for the locality where the development is proposed to be

executed and other local councils, that in the opinion of the Director of

Environment Protection are likely to be affected by the project, to

provide information, within twenty-one days of notification, on what

they wish to see included in the terms of reference and the justification

for doing so.

(3) Following these consultations the Director of

Environment Protection shall draw up the final draft of the terms of

reference.

(4) The Director of Environment Protection shall

communicate a copy of the approved terms of reference to the applicant,

architect and to such other persons he deems proper.

(5) The provisions of regulations 11 to 32 other than, sub-

regulation (3) of regulation 19, sub-regulation (10) of regulation 24,

and regulation 25 of these regulations shall mutatis mutandis apply to

an environmental planning statement, provided that an environmental

planning statement shall be more limited in nature than an environmental

impact statement.

PART V

Transboundary Effects

(1) Where the Minister is aware that a project in Malta is Procedures to be

followed when a

likely to have significant effects on the environment in another State, project is likely to

or where a State likely to be significantly affected so requests, the have transboundary

impacts.

Minister shall send to the affected State as soon as possible and not

later than when the public is informed in terms of sub-regulation (5) of

regulation 7 of these regulations, the following>

(a) a description of the project, together with any available

information on its possible transboundary impacts<

(b) relevant information regarding the environmental impact

assessment procedure<

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

be taken<

and shall give the affected State a reasonable time in which to indicate

whether it wishes to participate in the environmental impact assessment

procedure.

(2) If the affected State which receives information indicates

to the Minister that it intends to participate in the environmental impact

assessment procedure, the Minister shall, if he has not already done so,

send to the affected State the information gathered regarding the

proposed development.

(3) The affected State shall enter into consultations with

the Minister concerning, inter alia, the potential transboundary effects

of the project and the measures envisaged to reduce or eliminate such

effects and shall agree on a reasonable timeframe for the duration of

the consultation period.

(4) The affected State may arrange for the information to

be made available, within a reasonable time, to the relevant authorities

and the public in the territory of such affected State which is likely to

be significantly affected< and, within the timeframe established through

the provisions of sub-regulation (3) of this regulation, the affected State,

shall forward its opinion to the Minister who shall in turn forward such

opinion to the Authority.

(5) The transmission of information to the affected State,

concerning potential transboundary impacts, and the receipt of

information by such affected State, shall be subject to the limitations

contained in any law in force in Malta.

(6) The Minister shall provide to the affected State the final

decision on the proposed project along with the reasons and

considerations including information about the public participation

process on which it was based and any conditions attached thereto. There

shall also be a description, where necessary, of the main measures to

avoid, reduce and, if possible, offset the major adverse effects.

(7) When, following monitoring of a development with

potential transboundary impacts, significant adverse transboundary

impacts or factors that may result in such an impact are discovered, the

Minister shall immediately inform the affected State and enter into

consultations on the necessary measures that may be undertaken to

reduce or eliminate such impact.

(8) In the exercise of his duties under this regulation, the

Authority shall furnish the Minister with all such documentation and

information as he may request.

(9) Where the Minister is informed that a project proposed

in another State is likely to have a significant effect on the environment

of the Maltese Islands, he shall inform the State, in which the project is

to be undertaken, of Malta’s request to participate in the environmental

impact assessment procedure in that State and request the following>

(a) a description of the project, together with any available

information on its possible transboundary impacts<

(b) relevant information regarding the environmental impact

assessment procedure< and

(c)

information on the nature of the decisions.

(10) The Minister shall forward to the Authority the

information listed in sub-regulation (9) of this regulation. The Authority

shall make this information available to the consultees and the public in

Malta in accordance with the provisions of regulations 21 and 25 of

these regulations. The Minister shall also enter into discussion with the

State in which the project is to be undertaken to agree on a reasonable

timeframe for the duration of the consultation period.

(11) The Minister, acting on the advice of the Authority

and taking into consideration the comments of the public, shall enter

into consultations with the State in which the project is to be undertaken

concerning, inter alia, the potential transboundary effects of the project

and the measures envisaged to reduce or eliminate such effects.

(12) When the Minister receives details from the State in

which the project is to be undertaken regarding the final decision on the

proposed project, together with the reasons and considerations on which

it was based, he shall provide a copy of this information to the Authority

who shall publish the information in the Gazette, in a local newspaper

and on the Authority’s official web site.

PART VI

REGISTER OF CONSULTANTS AND REVIEWS

(1) The Authority shall keep and make available for public Register of

Environmental

inspection at such reasonable times as it may determine, a Register of Impact Assessment

Environmental Impact Assessment Consultants.

Consultants.

(2) The Register shall be divided into Parts. Each Part shall

list those consultants who are competent in a particular discipline,

provided that where a person is competent in more than one particular

discipline he shall be registered under both or more such disciplines.

(3) The Register shall also be divided into categories of

environmental impact assessment consultants, namely a Junior Impact

Assessor, a Senior Impact Assessor and an Environmental Impact

Assessment Co-ordinator.

(4) The Authority shall note the issue of a certificate of

registration in the Register together with the relevant discipline or

disciplines in which he is competent and shall also note therein all

suspensions, cancellations and reinstatements of those certificates.

(5) No person may act as an impact assessor or

environmental impact assessment co-ordinator unless he is registered

in the Register of Environmental Impact Assessment Consultants or

unless he proves that he is registered with a recognised national

registration body for the carrying out of professional work related to

the duties of an impact assessor or environmental impact assessment

co-ordinator.

(6) The Authority shall refuse to accept an environmental

impact statement or an environmental planning statement where a person

who is not registered in the Register has participated in the preparation

of the relevant environmental impact assessment.

(7) Notwithstanding the provisions of sub-regulation (6) of

this regulation, the Director of Environment Protection may, where he

deems it necessary, accept the contribution by a non-registered person>

(a) in relation to a specific discipline not covered in the

Register, provided that that person is, in the view of the Director

of Environment Protection, suitably qualified to make such a

contribution and his participation has been agreed in writing prior

to the commissioning of the environmental impact assessment<

(b) where that person has been responsible for undertaking

research including the gathering and collation of data, under the

supervision of a registered consultant participating in the relevant

environmental impact assessment, but has not been involved in

the assessment of impacts.

(1) The Minister shall appoint a Registration and Review

Board that shall be responsible for>

(i) evaluating applications for registration in the Register<

and

(ii) receive and consider requests for considerations

submitted by applicants as per regulation 45.

(2) Decisions on applications for registration shall be taken

by the Registration and Review Board composed of a minimum of three

persons and a maximum of five persons. Members of the Registration

and Review Board shall be independent members who are not involved

in any way in the preparation of environmental impact assessments,

one of whom shall act as the chairperson of the Registration and Review

Board.

(3) The Registration and Review Board shall assess

applications for registration and shall prepare a list of persons who, in

the opinion of the Board, meet the requirements for registration and are

therefore to be issued with a certificate of registration. The Registration

and Review Board shall give reasons for their decisions.

(4) The decision of the Registration and Review Board to

grant or to refuse an application for registration in the Register shall be

notified in writing to the applicant without delay.

(5) The Registration and Review Board may direct the

Authority to update the Register at such regular intervals as it may deem

fit by the inclusion of other disciplines in the Register, which disciplines

might have in the meantime evolved.

(1) Any person may apply in writing on the appropriate Registration.

form to the Registration and Review Board to be registered in the

Register.

(2) The application for registration shall include the

following information>

(a) personal details including name, surname, date of birth,

private and office addresses and qualifications of the applicant for

registration<

(b) a list of any relevant work by the applicant<

(c) a detailed curriculum vitae (which is to include details

of the person’s training, experience and knowledge in

environmental assessment techniques and methods)<

(d) the category to which the applicant is applying, as set

out in Schedule III of these regulations<

(e) an indication of the particular environmental discipline

or disciplines for which the person is applying for registration in.

(3) The application for registration shall be accompanied

by the appropriate fee as set out in Schedule III of these regulations.

(1) The Registration and Review Board shall register a

person in the Register if it is satisfied that the said person>

(a) has appropriate qualifications in an environmental

discipline or in environmental impact assessment<

(b) has experience and knowledge of environmental

assessment techniques and methods< and

(c)

has experience in one or more relevant disciplines.

(2) Certificates issued to eligible persons shall be valid for

one year but may be renewed by the Registration and Review Board

upon payment of the relevant renewal fee according to Schedule III to

these regulations, except where, in the opinion of the Registration and

Review Board, the provisions of regulation 40 have been contravened.

(3) Notwithstanding the provisions of sub-regulation (1) of

this regulation, the Registration and Review Board may grant a

temporary certificate valid for one year to any person who, in the opinion

of the Registration and Review Board, has the appropriate qualifications

but does not have sufficient experience in the relevant discipline or in

environmental impact assessment techniques and methods. Temporary

certificates shall only be issued for a maximum of two years.

(4) The Authority shall endeavour to organise training

courses in environmental impact assessment techniques and methods.

All junior impact assessors and persons issued with a temporary

certificate shall be obliged to undertake this training course as a pre-

requisite to obtaining or confirming their registration.

The certificate of registration shall contain the following

information>

(a) the name, surname and identity document number or

other means of identification of the consultant<

(b) the date when the certificate is issued<

(c) the discipline or disciplines in which the consultant is

considered by the Registration and Review Board as having an

acceptable level of expertise.

(1) The Registration and Review Board may cancel any Cancellation of

certificate.

certificate granted under the provisions of this Part of these regulations

when the holder of that certificate>

(a) is found guilty by a court of criminal jurisdiction of a

crime being a crime committed through imprudence, carelessness,

unskillfulness in an art or profession, or non-observance of

regulations< or

(b) is found guilty by a court of criminal jurisdiction of any

offence under the provisions of the Act or of any regulations made

thereunder< or

(c) has, in the opinion of the Authority and the Registration

and Review Board, submitted substandard or deliberately

misleading work in an environmental impact assessment< or

(d) has participated in the preparation of an environmental

impact assessment when he was not registered in the Register< or

(e) was the recipient of a certificate issued under the

provisions of this Part of these regulations based on information

given by the applicant which is false or misleading< or

(f)

fails to pay the yearly renewal fee.

(2) Notwithstanding the provisions of sub-regulation (1) of

this regulation, the registration Board may opt for suspension, rather

than cancellation of the certificate, in the circumstances specified in

paragraphs (d) and (f) of sub-regulation (1) of this regulation.

(3) If a person participates in the preparation of an

environmental impact assessment without being registered in the

Register, he shall subsequently be barred from registering or participating

in any environmental impact assessments in Malta for a period to be

decided by the Registration and Review Board which period shall in no

case be less than three years.

(1) Any person who for the purposes of obtaining the Offences.

certificate for registration in the Register gives any wrong information

or otherwise acts in a deceitful or fraudulent manner shall be guilty of

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

exceeding one thousand liri.

(2) Any person who, not being the holder of a certificate,

assumes or uses the designation “Environmental Impact Assessment

Consultant”, “Environmental Impact Assessment Co-ordinator”, “Senior

Impact Assessor” or “Junior Impact Assessor” or in any manner indicates

that he is entitled to prepare an environmental impact assessment shall

be guilty of an offence and shall, on conviction, be liable to a fine (multa)

not exceeding five hundred liri and in respect of a second or subsequent

offence to a fine (multa) not exceeding one thousand liri.

(3) For the purposes of sub-regulation (2) of these

regulations, the use on any card, letterhead, sign, board, plate,

advertisement or other written, printed or engraved device, instrument

or document, of the words “Environmental Impact Assessment

Consultant”, “Environmental Impact Assessment Co-ordinator”, “Senior

Impact Assessor” or “Junior Impact Assessor”, in relation to a name,

shall be sufficient evidence of the knowledge of such use by the person

in relation to whose name the said words are used, unless such person

proves that the use of such words was made without his knowledge and

that upon becoming aware of the use he took adequate steps to stop it.

(4) The offences and penalties mentioned in this regulation

shall be without prejudice to any other offences and penalties in terms

of the Act or any other law.

For the purposes of this Part of these regulations “person”

includes a person who is not a citizen of Malta but does not include a

body of persons.

PART VII

ENFORCEMENT

(1) When development permission has been granted by the

Authority for a development which had been subjected to an

environmental impact assessment under these regulations, the Authority

shall monitor the implementation of the said development both during

the construction and the operational phases.

(2) The Authority may>

(a) include appropriate, and clearly specified conditions in

the development permission<

(b) establish the period within which the construction phase

of the development shall be completed together with any planning

obligations, conditions or penalties which it may deem fit to impose

for non-completion or unsatisfactory completion of the

development and associated facilities within the established period<

(c) request the applicant to provide a guarantee by a bank

or credit institution licensed in Malta according to the provisions

of the Banking Act, or any other law which may from time to time Cap. 371.

replace it, by which the said bank or institution shall bind itself on

behalf of the applicant, without prejudice to any future action or

remedy which such bank or institution may exercise against him,

to effect payment to the Authority of any sum to be established by

way of penalty in the development permission if the development

is not completed in accordance with the specified conditions within

the period established in the development permission and for any

breach of any condition imposed in the development permission

or of any planning obligation entered into by the applicant. The

said guarantee shall not be less than the greater of the cost of

reinstating the area to an acceptable condition, or the cost of re-

instatement and repair of damages arising from non-compliance

with conditions imposed in the development permission<

(d) in the event that after a development permission is issued

the development is not carried out in accordance with the

permission, or is otherwise causing damage to the environment or

to the infrastructure, demand, as a condition of the continuance of

the permission, that the person in whose favour the permission is

issued should provide a bond in favour of the Authority in order to

guarantee payment in respect of damages which may be caused to

the environment or to the infrastructure, in terms of subarticle (5)

of article 34 of the Act<

(e) request that the person or company responsible for the

development is covered with an insurance policy against damage

to environmental resources< and

(f) make available to the public at such intervals as the

Authority deems proper the results of monitoring carried out

throughout the construction or operation phase of the project,

whether such monitoring has been carried out by the Authority

itself or by the developer as a direct result of a condition in the

development permission.

PART VIII

MISCELLANEOUS PROVISIONS

(1) For the avoidance of doubt, it is hereby declared that>

(a) when the Director of Planning or the Director of

Environment Protection requests the applicant, his architect,

agent or the consultants to make certain changes in the project

design,

(b) when the Director of Planning or the Director of

Environment Protection gives any guidance which he may deem

fit in the circumstances,

this does not imply in any way that the Director of Planning or the

Director of Environment Protection is approving the development or

will recommend to the Authority that it should approve the development.

(2) Agreement on the terms of reference for the preparation

of> baseline studies, the formulation of a project description statement,

an environmental impact statement or an environmental planning

statement is not to be construed in any way as evidence in favour of the

proposed development.

(3) In arriving at a decision, the Authority shall not be bound

by the conclusions reached in an environmental impact statement or an

environmental planning statement, as the case may be. However, the

Authority shall give due regard to the conclusions reached in the

environmental impact statement or in the environmental planning

statement, as the case may be, when arriving at a decision. Whether it

accepts or does not accept the conclusions reached by the said impact

statement or planning statement, as the case may be, the Authority shall

give detailed reasons thereof.

(4) Where, after environmental information has been taken

into consideration, an application for development which has been

subjected to an environmental impact assessment under these regulations

is determined by the Authority, the Authority shall>

(a) inform the public of the decision, by publishing a notice

in a newspaper, or by such other means as are reasonable in the

circumstances< and

(b) make available for public inspection, at all reasonable

hours and free of charge, a statement containing>

(i) the content of the decision and any conditions

attached thereto<

(ii) a statement containing the main reasons and

considerations on which the decision is based, including

information about the public participation process< and

(iii) a description, where necessary, of the main

measures to avoid, reduce, and if possible, offset the major

adverse effects of the development.

(5) 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) If an applicant considers that the terms of reference, Review.

approved by the Director of Environment Protection under the provisions

of regulations 10 and 33, is unreasonable, he may request the Director

of Environment Protection to review such terms of reference. A request

for a review shall be made in writing within fifteen (15) days from the

date of communication of the said terms of reference to the applicant.

(2) The Director of Environment Protection shall, without

delay, consider the request made by the applicant and communicate the

final terms of reference as the case may be, within thirty (30) days from

receipt of the request for reconsideration. The Director of Environment

Protection shall give a reasoned justification for his decision#s relating

to the request for review.

(3) If the applicant considers the final terms of reference,

communicated to him in accordance with sub-regulation (2) of this

regulation, as unreasonable, he may request the Registration and Review

Board to review the said terms of reference. A request for a review

shall be made in writing within fifteen (15) days from the date of

communication of the said terms of reference review decision by the

Director of Environment Protection to the applicant.

(4) The Registration and Review Board shall, without delay,

consider the request made by the applicant and invite submissions from

the Director of Environment Protection. The Board may at its discretion

inform any such persons he deems proper. The decision of the

Registration and Review Board shall be final, and shall be communicated

to the applicant within thirty (30) days from receipt of the request for

review.

(5) Any time period set out under any provision of these

regulations or the Act shall be suspended until a decision under this

regulation is communicated to the applicant.

(6) The provisions relating to the publication and

communication of the terms of reference under regulations 10 and 33

shall apply mutatis mutandis to the decision of the Director of

Environment Protection or Registration and Review Board taken in

accordance with sub-regulations (2) and (4) of this regulation.

PART IX

TRANSITORY PROVISION

Any application for development permission which concerns

any development listed in Schedule IA to these regulations pending on

the date of coming into force of these regulations shall be regulated

according to the provisions of these regulations provided that>

(a) any environmental impact assessment carried out or in

the process of being carried out by consultants who are not

registered in the Register shall be deemed to have been made in

accordance with the provisions of those regulations regulating the

registration of consultants in the Register<

(b) participation by any person in an environmental impact

assessment prior to the coming into force of these regulations shall

not be deemed to constitute an automatic acceptance of an

application made by such person for registration in the Register<

and

(c) environmental impact statements or environmental

planning statements the terms of reference whereof have already

been communicated to the applicant prior to the entry into force of

these regulations shall, as far as possible, comply with the

provisions of these regulations unless the Director of Environment

Protection specifically exempts in writing the applicant from any

provisions of these regulations with regards to a particular

development and this may be done after the Director of

Environment Protection would have taken into consideration the

advanced stage arrived at in the environmental impact statement

or environmental planning statement, as the case may be.

(d) until such time as the regulations under Part VI of these

regulations are brought into force, the Director of Environment

Protection shall approve the participation of consultants and

contributors in the environmental impact assessment process.

(1) The Environment Impact Assessment Regulations, 2001 Repeal and saving.

L.N. 204 of 2001.

are hereby repealed.

(2) The repeal of the Environment Impact Assessment

Regulations, 2001, shall be without prejudice to anything done or omitted

to be done under the said regulations and in particular shall not affect

the validity of any environmental impact statement or environment

planning statement made under the said regulations.

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