Industries and Backfilling) Regulations, 2009 (ln_2009_22) | MT

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Preamble — Industries and Backfilling) Regulations, 2009 Open official source

L.N. 22 of 2009

ENVIRONMENT PROTECTION ACT

(CAP. 435)

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY

ACT

(CAP. 424)

Waste Management (Management of Waste from Extractive

Industries and Backfilling) Regulations, 2009

IN exercise of the powers conferred by articles 9, 11(1)(b)

and 28 of the Environment Protection Act, and by article 12 of the

Occupational Health and Safety Authority Act, the Prime Minister

and the Minister for Social Policy, after consultation with the Malta

Environment and Planning Authority and the Occupational Health

and Safety Authority, have made the following regulations:-

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 1 Title and commencement. — Industries and Backfilling) Regulations, 2009 Open official source

(1) These regulations may be cited as the Waste

Management (Management of Waste from Extractive Industries and

Backfilling) Regulations, 2009.

(2) These regulations 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.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Schedule 2 — Industries and Backfilling) Regulations, 2009 Open official source

(Paragraph b of sub-regulation (3) of regulations 7 and 18)

Waste characterisation

The waste to be deposited in a facility shall be characterised in such a way as to

guarantee the long-term physical and chemical stability of the structure of the facility

and to prevent major accidents. The waste characterisation shall include, where

appropriate and in accordance with the category of the waste facility, the following

aspects

1. description of expected physical and chemical characteristics of the waste

to be deposited in the short and the long term, with particular reference to its stability

under surface atmospheric/meteorological conditions, taking account of the type of

mineral or minerals to be extracted and the nature of any overburden and, or gangue

minerals that will be displaced in the course of the extractive operations;

2. classification of the waste according to the relevant entry in the Waste

Management (Permit and Control) Regulations, 2001, with particular regard to its

hazardous characteristics;

3. description of the chemical substances to be used during treatment of the

mineral resource and their stability;

4. description of the method of deposition;

5. waste transport system to be employed.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 2 Scope. — Industries and Backfilling) Regulations, 2009 Open official source

(1) These regulations bring into effect the provisions

of Directive 2006/21/EC 1 of the European Parliament and of the

Council of 15 March 2006 on the management of waste from

extractive industries and amending Directive 2004/35/EC 2 .

(2) These regulations provide for measures, procedures

and guidance to prevent or reduce as far as possible any adverse

effects on the environment, in particular water, air, soil, fauna and

flora and landscape, and any resultant risks to human health, brought

about as a result of the management of waste from the extractive

industries or of the backfilling into excavation voids.

(3) These regulations provide additional measures,

procedures and guidance to those in the Waste Management (Permit

and Control) Regulations, 2001.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Schedule 3 — Industries and Backfilling) Regulations, 2009 Open official source

(Sub-regulation (1) of regulation 6)

Criteria for determining the classification of waste facilities

A waste facility shall be classified under category A if

1. a failure or incorrect operation, such as the collapse of a heap or the bursting

of a dam, could give rise to a major accident, on the basis of a risk assessment

taking into account factors such as the present or future size, the location and the

environmental impact of the waste facility; or

2. it contains waste classified as hazardous under the Waste Management

(Permit and Control) Regulations, 2001, above a certain threshold; or

3. it contains substances or preparations classified as dangerous under the

Dangerous Substances (Notification) Regulations, 2001, or the Dangerous Substances

and Preparations Regulations, 2007 above a certain threshold.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 3 Interpretation. — Industries and Backfilling) Regulations, 2009 Open official source

(1) In these regulations, unless the context otherwise

requires

“the Act” means the Environment Protection Act;

“backfill” means any material, excluding waste other than

extractive waste, used for backfilling;

“backfilling” means refilling an excavation void, after

extraction of the mineral, for rehabilitation or construction

purposes related to the mineral extraction process, such as the

building or maintenance within such a void of means of access

for machinery, haulage ramps, bulkheads, safety barricades or

berms; and “backfilled” shall be construed accordingly;

OJ L 102,11.4.2006, p. 15.

OJ L 143, 30.4.2004, p. 56.

“best available techniques” is as defined in regulation 2 of

the Integrated Pollution Prevention and Control Regulations,

2002;

“the Competent Authority” means the Malta Environment

and Planning Authority and such other body or person as the

Minister may by order in the Gazette, prescribe and different

bodies or persons may be designated as the competent

authority for different provisions and different purposes of

these regulations;

“the Community” means the European Community;

“competent person” means a natural person who has

the technical knowledge and experience, as defined by

Maltese legislation, to perform the duties arising from these

regulations;

“dam” means an engineered structure designed to retain

or confine water and,or waste within a pond;

“dangerous substance” means a substance, mixture or

preparation which is dangerous within the meaning of the

Dangerous Substances (Notification) Regulations, 2001, or the

Dangerous Substances and Preparations Regulations, 2007;

“extractive industries” means all establishments and

undertakings engaged in surface or underground extraction

of mineral resources for commercial purposes, including

extraction by drilling boreholes, or treatment of the extracted

material;

“extractive waste” means waste resulting from the

prospecting, extraction, treatment and storage of mineral

resources and the working of quarries, such as tailings (i.e. the

waste solids or slurries that remain after the treatment of minerals

by a number of techniques), waste rock and overburden (i.e.

the material that extractive operations move during the process

of accessing an ore or mineral body, including during the pre-

production development stage), and topsoil (i.e. the upper layer

of the ground) provided that they constitute waste;

“hazardous waste” means any type of waste which is

marked with an asterisk in Schedule 1 to the Waste Management

(Permit and Control) Regulations, 2001, or which has any of

the properties which render a waste hazardous as specified in

Schedules 2 and 3 to those regulations, or which is deemed to

be hazardous by the competent authority;

“heap” means an engineered facility for the deposit of

solid waste on the surface;

“inert waste” means waste that does not undergo any

significant physical, chemical or biological transformations.

Inert waste will not dissolve, burn or otherwise physically

or chemically react, biodegrade or adversely affect other

matter with which it comes into contact in a way likely to

give rise to environmental pollution or harm human health.

The total leachability and pollutant content of the waste and

the ecotoxicity of the leachate must be insignificant, and in

particular not endanger the quality of surface water and, or

groundwater;

“leachate” means any liquid percolating through the

deposited waste and emitted from or contained within a waste

facility, including polluted drainage, which may adversely

affect the environment if not appropriately treated;

“major accident” means an occurrence on site in the course

of an operation involving the management of extractive waste

in any establishment covered by these regulations, leading

to a serious danger to human health and, or the environment,

whether immediately or over time, on-site or off-site;

“mineral resource” or “mineral” means a naturally

occurring deposit in the earth’s crust of an organic or inorganic

substance, such as energy fuels, metal ores, industrial minerals

and construction minerals, but excluding water;

“the Minister” means the Minister responsible for the

environment;

“off-shore” means that area of the sea and seabed

extending from the low water mark of ordinary or medium

tides outwards;

“operator” means the natural or legal person responsible

for the management of extractive waste, in accordance with

Maltese legislation, including in respect of temporary storage

of extractive waste as well as the operational and the after-

closure phases;

“pond” means a natural or engineered facility for

disposing of fine-grained waste, normally tailings, along with

varying amounts of free water, resulting from the treatment

of mineral resources and from the clearing and recycling of

process water;

“prospecting” means the search for mineral deposits of

economic value, including sampling, bulk sampling, drilling

and trenching, but excluding any works required for the

development of such deposits, and any activities directly

associated with an existing extractive operation;

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

and, in accordance with Maltese 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 under regulations 8 and 9 of these regulations;

for the purposes of this definition, non-governmental

organisations promoting environmental protection and meeting

any requirement under Maltese legislation shall be deemed to

have such an interest;

“receiving body of water” means surface waters,

groundwater, transitional waters and coastal water as defined

in sub-regulation (1) of regulation 2 of the Water Policy

Framework Regulations, 2004;

“rehabilitation” means the treatment of the land affected

by a waste facility in such a way as to restore the land to a

satisfactory state, with particular regard to soil quality, wild

life, natural habitats, freshwater systems, landscape and

appropriate beneficial uses;

“site” means all land at a distinct geographic location

under the management control of an operator;

“substantial change” means a change in the structure

or operation of a waste facility that, in the opinion of the

competent authority, may have significant negative effects on

human health or the environment;

“tailings” means the waste solids or slurries that remain

after the treatment of minerals by separation processes (e.g.

crushing, grinding, size-sorting, flotation and other physico-

chemical techniques) to remove the valuable minerals from the

less valuable rock;

“treatment” means the mechanical, physical, biological,

thermal or chemical process or combination of processes

carried out on mineral resources, including from the working

of quarries, with a view to extracting the mineral, including

size change, classification, separation and leaching, and the

re-processing of previously discarded waste, but excluding

smelting, thermal manufacturing processes (other than the

burning of limestone) and metallurgical processes;

“unpolluted soil” means soil that is removed from the

upper layer of the ground during extractive activities and that

is not deemed to be polluted under Community or Maltese

legislation;

“waste” in addition to what is said in the Act, means

any thing, substance, product or object, whether in solid or

liquid form, whether hazardous or otherwise, which the holder

discards, or intends, or is required to discard, or any other which

is deemed to be waste by the competent authority nominated

by the Minister responsible for the environment under article

6 of the Act.

“waste facility” means any area designated for the

accumulation or deposit of extractive waste, whether in a solid

or liquid state or in solution or suspension, for the following

time-periods

(i) no time-period for Category A waste facilities

and facilities for waste characterised as hazardous in the

waste management plan;

(ii) a period of more than six months for facilities

for hazardous waste generated unexpectedly;

(iii) a period of more than one year for facilities

for non-hazardous non-inert waste;

(iv) a period of more than three years for facilities

for unpolluted soil, non-hazardous prospecting waste,

waste resulting from the extraction, treatment and storage

of peat and inert waste

Provided that such facilities are deemed to include

any dam or other structure serving to contain, retain,

confine or otherwise support such a facility, and also

to include, but not be limited to, heaps and ponds, but

excluding excavation voids;

“waste holder” means the producer of the extractive waste

or the natural or legal person who is in possession of it;

“weak acid dissociable cyanide” means cyanide and

cyanide compounds that are dissociated with a weak acid at a

defined pH.

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

assigned to them in regulation 2 of the Waste Management (Permit

and Control) Regulations, 2001.

Gazzetta tal-Gvern ta' Malta — Avviż Legali 2009 22 — Skart mill-Industriji ta’ Estrazzjoni u Rdim)

Skeda 3 — Skart mill-Industriji ta’ Estrazzjoni u Rdim) Open official source

(Subregolament (1) tar-regolament 6)

Kriterji sabiex tiġi determinata l-klassifikazzjoni tal-faċilitajiet ta’ l-iskart

Faċilità ta’ l-iskart għandha tiġi klassifikata fil-kategorija A jekk

1. ħsara jew operazzjoni ħażina, per eżempju l-kollass ta’ borġ jew iċ-ċediment

ta’ diga, tista’ tikkaġuna inċident maġġuri, abbażi ta’ valutazzjoni tar-riskju filwaqt

li jittieħed kont tal-fatturi bħad-daqs preżenti jew futur, il-lok u l-impatt ambjentali

tal-faċilità ta’ l-iskart; jew

2. ikollha skart li jkun klassifikat bħala perikoluż taħt ir-Regolamenti ta’ l-2002

għall-Prevenzjoni u l-Kontroll Integrati tat-Tniġġis ‘l fuq minn ċertu limitu; jew

3. ikollha sustanzi jew preparati li jkunu klassifikati bħala perikolużi taħt ir-

Regolamenti ta’ 1-2001 dwar Sustanzi Perikolużi (Notifikazzjoni), jew ir-Regolamenti

ta’ l-2007 dwar Sustanzi u Preparamenti Perikolużi ‘l fuq minn ċertu limitu.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 4 Applicability. — Industries and Backfilling) Regulations, 2009 Open official source

(1) Subject to sub-regulation (2) of this regulation, these

regulations shall cover extractive waste and backfill.

(2) The following shall be excluded from the scope of

these regulations

(a) waste which is generated by the prospecting,

extraction and treatment of mineral resources and the working

of quarries, but which does not directly result from those

operations, e.g. food waste, waste oil, end-of-life vehicles,

spent batteries and accumulators. The management of

such waste should be subject to the provisions of the Waste

Management (Permit and Control) Regulations, 2001, or the

Waste Management (Landfill) Regulations, 2002, or any other

relevant Community or Maltese legislation;

(b) waste resulting from the offshore prospecting,

extraction and treatment of mineral resources;

(c) injection of water and re-injection of pumped

groundwater as defined in the first and second indents of

paragraph (j) of sub-regulation (3) of regulation 11 of the Water

Policy Framework Regulations, 2004, to the extent authorised

by that regulation.

(3) Any waste facility which has been granted a permit

or which is already in operation on 1 May 2008 shall comply with

these regulations by 1 May 2012.

(4) Any excavation void which has been granted a

permit or which is already in operation on 1 May 2008 may continue

operating in accordance with the Waste Management (Permit and

Control) Regulations, 2001, or the Waste Management (Landfill)

Regulations, 2002, unless the Competent Authority decides

otherwise.

(5) Regulation 7, sub-regulations (3) to (8) of regulation

8, regulations 9 and 10, sub-regulation (1) of regulation 12, sub-

regulations (1), (2) and (3) of regulation 14, regulation 17 and 18

of these regulations shall not apply to those waste facilities that are

completing the closure procedures in accordance with the applicable

Community or Maltese legislation or programmes approved by the

Competent Authority, and will be effectively closed by 31 December

2010

Provided that these facilities shall be managed in a

way that does not prejudice the achievement of the objectives of

these regulations, in particular the objectives of sub-regulation (1)

of regulation 5 of these regulations, including the Water Policy

Framework Regulations, 2004.

(6) Without prejudice to other Maltese legislation,

waste which falls within the scope of these regulations shall not be

subject to the Waste Management (Landfill) Regulations, 2002

Provided that the Waste Management (Landfill)

Regulations, 2002, shall continue to apply to waste other than

extractive waste used for backfilling into excavation voids, whether

created through surface or underground extraction, as appropriate.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 5 General requirements. — Industries and Backfilling) Regulations, 2009 Open official source

(1) Extractive waste shall be managed and excavation

voids shall be backfilled without endangering human health

and without using processes or methods which could harm the

environment, and in particular without risk to water, air, soil and

fauna and flora, without causing a nuisance through noise or odours

and without adversely affecting the landscape or places of special

interest.

(2) The abandonment, dumping, uncontrolled depositing

of extractive waste or uncontrolled backfilling into excavation voids

shall be prohibited.

(3) The operator shall take all measures necessary

to prevent or reduce as far as possible any adverse effects on the

environment and human health brought about as a result of the

management of extractive waste or backfilling into excavation

voids. This includes the management of any waste facility, also

after its closure, and the prevention of major accidents involving that

facility and the limiting of their consequences for the environment

and human health.

(4) The measures referred to in sub-regulation (3)

of this regulation shall be based, inter alia, on the best available

techniques, without prescribing the use of any technique or specific

technology, but taking into account the technical characteristics of

the waste facility or excavation void, its geographical location and

the local environmental conditions.

PART II

TYPES OF WASTE FACILITIES

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 6 Classification system for waste facilities. — Industries and Backfilling) Regulations, 2009 Open official source

For the purposes of these regulations, waste facilities shall

be classified in one of the following categories

(1) Category A waste facility: any waste facility meeting

the criteria set out in Schedule 3 to these regulations or any waste

facility designated for the accumulation or deposit of hazardous

waste generated unexpectedly for a period of more than six months;

or

(2) Category B waste facility: any waste facility

designated for the accumulation or deposit of non-hazardous non-

inert waste for a period of more than one year; or

(3) Category C waste facility: any waste facility

designated for the accumulation or deposit of unpolluted soil, non-

hazardous prospecting waste, waste resulting from the extraction,

treatment and storage of peat and inert waste for a period of more

than three years

Provided that Category A, Category B and Category C

waste facilities are deemed to include any dam or other structure

serving to contain, retain, confine or otherwise support such a

facility, and also to include, but not be limited to, heaps and ponds,

but excluding excavation voids, whether created through surface or

underground extraction.

PART III

CATEGORY A WASTE FACILITY

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 7 Waste management plan. — Industries and Backfilling) Regulations, 2009 Open official source

(1) The operator shall draw up a waste management plan

for the minimisation, treatment, recovery and disposal of extractive

waste, taking account of the principle of sustainable development.

(2) The objectives of the waste management plan shall

(a) to prevent or reduce waste production and its

harmfulness, in particular by considering

(i) waste management in the design phase and in

the choice of the method used for mineral extraction and

treatment;

(ii) the changes that the extractive waste may

undergo in relation to an increase in surface area and

exposure to conditions above ground;

(iii) backfilling into the excavation void, whether

created through surface or underground extraction,

after extraction of the mineral, as far as is technically

and economically feasible and environmentally sound

in accordance with existing Community or Maltese

environmental standards and with the requirements of

these regulations where relevant;

(iv) putting topsoil back in place after the closure

of the waste facility or, if this is not practically feasible,

reusing topsoil elsewhere;

(v) using less dangerous substances for the

treatment of mineral resources;

(b) to encourage the recovery of extractive waste by

means of recycling, reusing or reclaiming such waste, where

this is environmentally sound in accordance with existing

Community or Maltese environmental standards and with the

requirements of these regulations where relevant;

(c) to ensure short and long-term safe disposal of the

extractive waste, in particular by considering, during the design

phase, management during the operation and after-closure of a

waste facility and by choosing a design which

(i) requires minimal and, if possible, ultimately no

monitoring, control and management of the closed waste

facility;

(ii) prevents or at least minimises any long-term

negative effects, for example attributable to migration

of airborne or aquatic pollutants from the waste facility;

and

(iii) ensures the long-term geotechnical stability

of any dams or heaps rising above the pre-existing ground

surface.

(3) The waste management plan shall contain at least

the following elements

(a) the proposed classification for the waste facility

in accordance with the criteria laid down in regulation 6 of

these regulations and a document demonstrating that a major-

accident prevention policy, a safety management system for

implementing it and an internal emergency plan will be put

into effect in accordance with sub-regulation (3) of regulation

8 of these regulations;

(b) waste characterisation in accordance with Schedule

2 to these regulations and a statement of the estimated total

quantities of extractive waste to be produced during the

operational phase;

(c) a description of the operation generating such waste

and of any subsequent treatment to which it is subject;

(d) a description of how the environment and human

health may be adversely affected by the deposit of such waste

and the preventive measures to be taken in order to minimise

environmental impact during operation and after closure,

including the aspects referred to in paragraphs (a), (b), (d) and

(e) of sub-regulation (2) of regulation 11 of these regulations;

(e) the proposed control and monitoring procedures

pursuant to paragraph (c) of sub-regulation (2) of regulation 11

of these regulations;

(f) the proposed plan for closure, including rehabilitation,

after-closure procedures and monitoring as provided for in

regulation 12 of these regulations;

(g) measures for the prevention of water status

deterioration in accordance with the Water Policy Framework

Regulations, 2004, and for the prevention or minimisation

of air and soil pollution pursuant to regulation 13 of these

regulations;

(h) a survey of the condition of the land to be affected

by the waste facility.

(i) any other relevant information requested by the

Competent Authority.

(4) The waste management plan shall provide sufficient

information to enable the Competent Authority to evaluate the

operator’s ability to meet the objectives of the waste management plan

as set out in sub-regulation (2) of this regulation and his obligations

under these regulations. The plan shall explain, in particular, how

the option and method chosen as mentioned in indent (i) of paragraph

(a) of sub-regulation (2) of this regulation will fulfil the objectives

of the waste management plan as laid down in paragraph (a) of sub-

regulation (2) of this regulation.

(5) The Competent Authority may specify the format in

which such information is to be made available.

(6) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations, 2001.

(7) The waste management plan shall be reviewed every

five years and or amended, as appropriate, in the event of substantial

changes to the operation of the waste facility or to the waste deposited.

Any amendments shall be notified to the Competent Authority.

(8) Plans produced pursuant to other Community or

Maltese legislation and containing the information specified in sub-

regulation (3) of this regulation may be used where this obviates

the unnecessary duplication of information and the repetition of

work by the operator, on condition that all requirements under sub-

regulations (1), (2), (3), (4) and (7) of this regulation are met.

(9) The Competent Authority shall approve the waste

management plan on the basis of procedures to be decided by the

Competent Authority and shall monitor its implementation.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 8 Major-accident prevention and information. — Industries and Backfilling) Regulations, 2009 Open official source

(1) This regulation shall apply to Category A waste

facilities, save for those waste facilities falling within the scope of

the Control of Major Accident Hazard Regulations, 2003.

(2) Without prejudice to other Community or Maltese

legislation, and in particular the Protection of Workers in the Mineral

Extracting Industries through Drilling and Workers in Surface and

Underground Mineral Extracting Industries Regulations, 2003, the

Competent Authority established by virtue of sub-regulation (1) of

regulation 3 of the Control of Major Accident Hazard Regulations,

2003, shall ensure that major-accident hazards are identified and that

the necessary features are incorporated into the design, construction,

operation and maintenance, closure and after-closure of the waste

facility in order to prevent such accidents and to limit their adverse

consequences for human health and, or the environment, including

any transboundary impacts.

(3) For the purposes of the requirements under sub-

regulation (2) of this regulation, each operator shall, before the

start of operations, draw up a major-accident prevention policy for

the management of extractive waste and put into effect a safety

management system implementing it, in accordance with the

elements set out in Section 1 of Schedule 1 to these regulations, and

shall also put into effect an internal emergency plan specifying the

measures to be taken on site in the event of an accident

Provided that, as part of that policy, the operator shall

appoint a safety manager responsible for the implementation and

periodic supervision of the major-accident prevention policy.

(4) The Competent Authority established by virtue of

sub-regulation (1) of regulation 3 of the Control of Major Accident

Hazard Regulations, 2003, shall draw up an external emergency

plan specifying the measures to be taken off-site in the event of

an accident. As part of the application for a permit the operator

shall provide the Competent Authority established by virtue of

sub-regulation (1) of regulation 3 of the Control of Major Accident

Hazard Regulations, 2003, with the information necessary to enable

the latter to draw up that plan.

(5) The emergency plans referred to in sub-regulations

(3) and (4) of this regulation shall have the following objectives

(a) to contain and control major accidents and other

incidents so as to minimise their effects, and in particular to

limit damage to human health and the environment;

(b) to implement the measures necessary to protect

human health and the environment from the effects of major

accidents and other incidents;

(c) to communicate the necessary information to the

public and to the relevant services or authorities in the area;

(d) to provide for the rehabilitation, restoration and

clean-up of the environment following a major accident.

(6) In the event of a major accident, the operator shall

immediately provide the Competent Authority established by virtue

of sub-regulation (1) of regulation 3 of the Control of Major Accident

Hazard Regulations, 2003, with all the information required to

help minimise its consequences for human health and to assess

and minimise the extent, actual or potential, of the environmental

damage.

(7) The public concerned shall be given early and

effective opportunities to participate in the preparation or review of

the external emergency plan to be drawn up in accordance with sub-

regulation (4) of this regulation. To that end, the public concerned

shall be informed about any such proposal and relevant information

shall be made available, including, inter alia, information about the

right to participate in the decision-making process and about the

Competent Authority established by virtue of sub-regulation (1) of

regulation 3 of the Control of Major Accident Hazard Regulations,

2003, to which comments and questions may be submitted.

(8) The public concerned shall be entitled to express

comments within reasonable time frames and, in the decision on

the external emergency plan, due account shall be taken of these

comments.

(9) Information on safety measures and on the action

required in the event of an accident, containing at least the elements

listed in Section 2 of Schedule 1 to these regulations, shall be

provided, free of charge and as a matter of course, to the public

concerned

Provided that that information shall be reviewed every

three years and, where necessary, updated.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 9 Application and permit. — Industries and Backfilling) Regulations, 2009 Open official source

(1) No waste facility shall be allowed to operate without

a permit granted by the Competent Authority.

(2) The permit shall contain the elements specified in

sub-regulation (3) of this regulation and shall clearly indicate the

category of the waste facility in accordance with the criteria referred

to in regulation 6 of these regulations

Provided that, subject to compliance with all requirements

under this regulation, any permit produced pursuant to other

Community or Maltese legislation may be combined to form a single

permit, where such a format obviates the unnecessary duplication of

information and the repetition of work by the operator or Competent

Authority.

Provided further that, the details specified in sub-

regulation (3) of this regulation can be covered by one single

permit or several permits, provided that all requirements under this

regulation are complied with.

(3) The application for a permit shall contain at least

the following details

(a) the identity of the operator;

(b) the proposed location of the waste facility, including

any possible alternative locations;

(c) the waste management plan pursuant to regulation 7

of these regulations;

(d) adequate arrangements by way of a financial

guarantee or equivalent, as required under regulation 14 of

these regulations;

(e) the information provided by the operator in

accordance with the Environmental Impact Assessment

Regulations, 2007, if an environmental impact assessment is

required under those regulations; and

(f) any other relevant information requested by the

Competent Authority.

(4) The Competent Authority may specify the format in

which such information is to be made available.

(5) The Competent Authority shall only grant a permit

if it is satisfied that

(a) the operator complies with the relevant requirements

under these regulations;

(b) the management of waste does not conflict directly

or otherwise interfere with the implementation of the relevant

waste management plan or plans referred to in sub-regulation

(3) of regulation 4 of the Waste Management (Permit and

Control) Regulations, 2001.

(6) The Competent Authority shall reconsider and,

where necessary, update permit conditions periodically

(a) where there are substantial changes in the operation

of the waste facility or the waste deposited;

(b) on the basis of monitoring results reported by the

operator pursuant to sub-regulations (3) and (4) of regulation

11 of these regulations or inspections carried out pursuant to

regulation 29 of these regulations;

(c) in the light of information exchange on substantial

changes in best available techniques.

(7) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations, 2001

Provided that the information contained in a permit granted

under these regulations shall be made available to the competent

national and Community statistical authorities where requested for

statistical purposes.

Provided further that sensitive information of a purely

commercial nature, such as information concerning business

relations and cost components and the volume of economic mineral

reserves, shall not be made public.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 10 Public participation. — Industries and Backfilling) Regulations, 2009 Open official source

(1) The public shall be informed, by public notices or

other appropriate means, such as electronic media where available,

of the following matters early in the procedure for granting a

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

provided on

(a) the application for a permit;

(b) where applicable, the fact that a decision concerning

an application for a permit is subject to consultation with

an other State in accordance with regulation 15 of these

regulations;

(c) details of the relevant competent authorities

responsible for taking the decision, those from which relevant

information can be obtained, those to which comments or

questions can be submitted, and details of the time schedule

for transmitting comments or questions;

(d) the nature of possible decisions;

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

for the updating of a permit or of permit conditions;

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

the means by which, the relevant information will be made

available;

(g) details of the arrangements for public participation

made pursuant to sub-regulation (7) of this regulation.

(2) Within appropriate time frames, the following shall

be made available to the public concerned

(a) in accordance with Maltese legislation, the main

reports and advice transmitted to the Competent Authority at

the time when the public was informed in accordance with

sub-regulation (1) of this regulation;

(b) in accordance with the provisions of the Freedom

of Access to Information on the Environment Regulations,

2001, any information in addition to that referred to in sub-

regulation (1) of this regulation which is relevant for the

decision in accordance with regulation 9 of these regulations

and which only becomes available after the time the public

have been informed in accordance with sub-regulation (1) of

this regulation.

(3) The public shall be informed, in accordance

with sub-regulation (1) of this regulation of an update of permit

conditions in accordance with sub-regulation (6) of regulation 9 of

these regulations.

(4) The public concerned shall be entitled to express

comments and opinions to the Competent Authority before a decision

is taken.

(5) The results of the consultations held pursuant to

this regulation shall be duly taken into account in the taking of a

decision.

(6) When a decision has been taken the Competent

Authority shall, in accordance with the appropriate procedures,

inform the public concerned and shall make the following information

available to the public concerned

(a) the content of the decision, including a copy of the

permit;

(b) the reasons and considerations on which the decision

is based.

(7) The detailed arrangements for public participation

under this regulation shall be determined by the Competent Authority

so as to enable the public concerned to prepare and participate

effectively.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 11 Construction and management of waste facilities. — Industries and Backfilling) Regulations, 2009 Open official source

(1) The management of a waste facility shall be in the

hands of a competent person and technical development and training

of staff shall be provided.

(2) In constructing a new waste facility or modifying an

existing waste facility, the operator shall ensure that

(a) the waste facility is suitably located, taking into

account in particular Community or Maltese obligations

relating to protected areas, and geological, hydrological,

hydrogeological, seismic and geotechnical factors, and is

designed so as to meet the necessary conditions for, in the short

and long-term perspectives, preventing pollution of the soil, air,

groundwater or surface water, taking into account especially the

Pollution Caused by Certain Dangerous Substances Discharged

Into the Aquatic Environment Regulations, 2001, Regulations

for the Protection of Groundwater against Pollution caused by

Certain Dangerous Substances, 2002, and the Water Policy

Framework Regulations, 2004, and ensuring efficient collection

of contaminated water and leachate as and when required under

the permit, and reducing erosion caused by water or wind as

far as it is technically possible and economically viable;

(b) the waste facility is suitably constructed, managed

and maintained to ensure its physical stability and to prevent

pollution or contamination of soil, air, surface water or

groundwater in the short and long-term perspectives as well as

to minimise as far as possible damage to landscape;

(c) there are suitable plans and arrangements for regular

monitoring and inspection of the waste facility by competent

persons and for taking action in the event of results indicating

instability or water or soil contamination

Provided that records of monitoring and inspections shall

be kept, together with permit documentation, in order to ensure

the appropriate hand-over of information, particularly in the

event of a change of operator.

(d) suitable arrangements are made for the rehabilitation

of the land and the closure of the waste facility; and

(e) suitable arrangements are made for the after-closure

phase of the waste facility.

(3) The operator shall, without undue delay and in

any event not later than 48 hours thereafter, notify the Competent

Authority of any events likely to affect the stability of the waste

facility and any significant adverse environmental effects revealed

by the control and monitoring procedures of the waste facility.

(4) The operator shall implement the internal emergency

plan, where applicable, and follow any other instruction from the

Competent Authority as to the corrective measures to be taken.

(5) The operator shall bear the costs of the measures to

be undertaken.

(6) At least once a year, the operator shall report, on the

basis of aggregated data, all monitoring results to the Competent

Authority for the purposes of demonstrating compliance with permit

conditions and increasing knowledge of waste and waste facility

behaviour. On the basis of this report the Competent Authority may

decide that validation by an independent expert is necessary.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 12 Closure and after- closure procedures for waste facilities. — Industries and Backfilling) Regulations, 2009 Open official source

(1) A waste facility shall only start the closure procedure

if one of the following conditions is satisfied

(a) the relevant conditions stated in the permit are met;

(b) authorisation is granted by the Competent Authority,

at the request of the operator;

(c) the Competent Authority issues a reasoned decision

to that effect.

(2) A waste facility may be considered as finally closed

only after the Competent Authority has, without undue delay, carried

out a final on-site inspection, assessed all the reports submitted by

the operator, certified that the land affected by a waste facility has

been rehabilitated and communicated to the operator its approval of

the closure.

Provided that this approval shall not in any way reduce

the operator’s obligations under the conditions of the permit or

otherwise in law.

(3) The operator shall be responsible for the maintenance,

monitoring, control and corrective measures in the after-closure

phase for as long as may be required by the Competent Authority,

taking into account the nature and duration of the hazard, save where

the Competent Authority decides to take over such tasks from the

operator, after a waste facility has been finally closed and without

prejudice to any Community or Maltese legislation governing the

liability of the waste holder.

(4) When considered necessary by the Competent

Authority, in order to fulfil relevant environmental requirements

set out in Community or Maltese legislation, in particular those in

the Pollution Caused by Certain Dangerous Substances Discharged

Into the Aquatic Environment Regulations, 2001, the Protection

of Groundwater against Pollution caused by Certain Dangerous

Substances Regulations, 2002, and the Water Policy Framework

Regulations, 2004, following closure of a waste facility, the operator

shall, inter alia, control the physical and chemical stability of the

facility and minimise any negative environmental effect, in particular

with respect to surface and groundwater, by ensuring that

(a) all the structures pertaining to the facility are

monitored and conserved, with control and measuring apparatus

always ready for use;

(b) where applicable, overflow channels and spillways

are kept clean and free.

(5) Following closure of a waste facility, the operator

shall, without delay, notify the Competent Authority of any events

or developments likely to affect the stability of the waste facility,

and any significant adverse environmental effects revealed by the

relevant control and monitoring procedures.

(6) The operator shall implement the internal emergency

plan, where applicable, and follow any other instruction from the

Competent Authority as to the corrective measures to be taken

Provided that the operator shall bear the costs of the

measures to be undertaken.

(7) In cases and at a frequency to be determined by

the Competent Authority, the operator shall report, on the basis of

aggregated data, all monitoring results to the relevant competent

authorities for the purposes of demonstrating compliance with

permit conditions and increasing knowledge of waste and waste

facility behaviour.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 13 Prevention of water status deterioration, air and soil pollution. — Industries and Backfilling) Regulations, 2009 Open official source

(1) The operator shall take the necessary measures in

order to meet Community or Maltese environmental standards, in

particular to prevent, in accordance with the Water Policy Framework

Regulations, 2004, the deterioration of current water status, inter

alia, by

(a) evaluating the leachate generation potential,

including contaminant content of the leachate, of the deposited

waste during both the operational and after-closure phase of

the waste facility, and determining the water balance of the

waste facility;

(b) preventing or minimising leachate generation and

surface water or groundwater and soil from being contaminated

by the waste; and

(c) collecting and treating contaminated water and

leachate from the waste facility to the appropriate standard

required for their discharge.

(2) The operator shall take adequate measures to prevent

or reduce dust and gas emissions.

(3) On the basis of an assessment of environmental

risks, when taking into account, in particular, the Pollution Caused

by Certain Dangerous Substances Discharged Into the Aquatic

Environment Regulations, 2001, the Protection of Groundwater

against Pollution caused by Certain Dangerous Substances

Regulations, 2002, or the Water Policy Framework Regulations,

2004, as applicable, the Competent Authority has decided that

collection and treatment of leachate is not necessary or it has been

established that the waste facility poses no potential hazard to soil,

groundwater or surface water, the requirements set out in paragraphs

(b) and (c) of sub-regulation (1) of this regulation may be reduced or

waived accordingly.

(4) In the case of a pond involving the presence of

cyanide, the operator shall ensure that the concentration of weak acid

dissociable cyanide in the pond is reduced to the lowest possible level

using best available techniques and, in any case, at waste facilities

which have previously been granted a permit or have already been

in operation on 1 May 2008 that the concentration of weak acid

dissociable cyanide at the point of discharge of the tailings from

the processing plant into the pond does not exceed 50 ppm as from

1 May 2008, 25 ppm as from 1 May 2013, 10 ppm as from 1 May

2018 and 10 ppm at waste facilities which are granted a permit after

1 May 2008

Provided that, if the Competent Authority so requests, the

operator shall demonstrate, through a risk assessment that takes site-

specific conditions into account, that those concentration limits need

not be further lowered.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 14 Financial guarantee. — Industries and Backfilling) Regulations, 2009 Open official source

(1) The Competent Authority shall, prior to the

commencement of any operations involving the accumulation or

deposit of extractive waste in a waste facility, require a financial

guarantee (such as in the form of a financial deposit, including

industry-sponsored mutual guarantee funds) or the equivalent,

in accordance with procedures to be decided by the Competent

Authority, so that

(a) all obligations under the permit issued pursuant

to these regulations, including after-closure provisions, are

discharged; and

(b) there are funds readily available at any given time

for the rehabilitation of the land affected by the waste facility, as

described in the waste management plan prepared pursuant to

regulation 7 of these regulations and required by the regulation

9 permit.

(2) The calculation of the guarantee referred to in sub-

regulation (1) of this regulation shall be made on the basis of

(a) the likely environmental impact of the waste facility,

taking into account in particular the category of the waste

facility, the characteristics of the waste and the future use of

the rehabilitated land; and

(b) the assumption that independent and suitably

qualified third parties will assess and perform any rehabilitation

work needed.

(3) The size of the guarantee shall be periodically

adjusted in accordance with any rehabilitation work needed to be

carried out on the land affected by the waste facility, as described

in the waste management plan prepared pursuant to regulation 7 of

these regulations and required by the regulation 9 permit.

(4) Where the Competent Authority approves closure

in accordance with sub-regulation (2) of regulation 12 of these

regulations, it shall provide the operator with a written statement

releasing him from the guarantee obligation referred to in sub-

regulation (1) of this regulation with the exception of after-closure

obligations as referred to in sub-regulation (3) of regulation 12 of

these regulations.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 15 Transboundary effects. — Industries and Backfilling) Regulations, 2009 Open official source

(1) Where the Minister is aware that the operation of

a Category A waste facility in Malta is likely to have significant

adverse effects on the environment of, and any resultant risks to

human health in, another State, or where a State likely to be thus

affected so requests, the Minister shall forward the information

provided pursuant to regulation 9 of these regulations to the other

State at the same time as when the public is informed in terms of

sub-regulation (1) of regulation 10 of these regulations

Provided that such information shall serve as a basis for

any consultation necessary within the context of bilateral relations

between Malta and the other State on a reciprocal and equivalent

basis.

(2) Within the framework of their bilateral relations, the

Minister shall ensure that in the cases referred to in sub-regulation

(1) of this regulation the applications are also made available for an

appropriate period of time to the public concerned of the State likely

to be affected so that they will have the right to comment on them

before the Competent Authority reaches its decision.

(3) The Minister shall ensure that, in the event of an

accident involving a waste facility as referred to in sub-regulation

(1) of this regulation, information provided by the operator to the

Competent Authority pursuant to sub-regulations (5) and (6) of

regulation 8 of these regulations shall be immediately forwarded

to the other State in order to help minimise the consequences of the

accident for human health and to assess and minimise the extent of

the actual or potential environmental damage.

PART IV

CATEGORY B WASTE FACILITY

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 16 General provision. — Industries and Backfilling) Regulations, 2009 Open official source

Category B waste facility shall be subject to all regulations

under Part III of these regulations, except sub-regulations (3) and (4)

of regulation 11, sub-regulations (4), (5), (6) and (7) of regulation

12, sub-regulation (4) of regulation 13, regulations 14 and 15 of

these regulations.

PART V

CATEGORY C WASTE FACILITY

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 17 Application and permit. — Industries and Backfilling) Regulations, 2009 Open official source

(1) No waste facility shall be allowed to operate without

a permit granted by the Competent Authority.

(2) The permit shall contain the elements specified in

sub-regulation (3) of this regulation and shall clearly indicate the

category of the waste facility in accordance with the criteria referred

to in regulation 6 of these regulations

Provided that, subject to compliance with all requirements

under this regulation, any permit produced pursuant to other

Community or Maltese legislation may be combined to form a single

permit, where such a format obviates the unnecessary duplication of

information and the repetition of work by the operator or Competent

Authority

Provided further that, the details specified in sub-

regulation (3) of this regulation can be covered by one single

permit or several permits, provided that all requirements under this

regulation are complied with.

(3) The application for a permit shall contain at least

the following details

(a) the identity of the operator;

(b) the proposed location of the waste facility, including

any possible alternative locations;

(c) the waste management plan pursuant to regulation

18 of these regulations; and

(d) any other relevant information requested by the

Competent Authority.

(4) The Competent Authority may specify the format in

which such information is to be made available.

(5) The Competent Authority shall only grant a permit

if it is satisfied that

(a) the operator complies with the relevant requirements

under these regulations;

(b) the management of waste does not conflict directly

or otherwise interfere with the implementation of the relevant

waste management plan or plans referred to in sub-regulation

(3) of regulation 4 of the Waste Management (Permit and

Control) Regulations, 2001.

(6) The Competent Authority shall reconsider and,

where necessary, update permit conditions periodically

(a) where there are substantial changes in the operation

of the waste facility or the waste deposited;

(b) on the basis of inspections carried out pursuant to

regulation 29 of these regulations;

(c) in the light of information exchange on substantial

changes in best available techniques.

(7) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations, 2001

Provided that the information contained in a permit granted

under these regulations shall be made available to the competent

national and Community statistical authorities where requested for

statistical purposes.

Provided further that sensitive information of a purely

commercial nature, such as information concerning business

relations and cost components and the volume of economic mineral

reserves, shall not be made public.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 18 Waste management plan. — Industries and Backfilling) Regulations, 2009 Open official source

(1) The operator shall draw up a waste management plan

for the minimisation, treatment, recovery and disposal of extractive

waste, taking account of the principle of sustainable development.

(2) The objectives of the waste management plan shall

(a) to prevent or reduce waste production and its

harmfulness, in particular by considering

(i) waste management in the design phase and in

the choice of the method used for mineral extraction and

treatment;

(ii) the changes that the extractive waste may

undergo in relation to an increase in surface area and

exposure to conditions above ground;

(iii)

backfilling into the excavation void, whether

created through surface or underground extraction,

after extraction of the mineral, as far as is technically

and economically feasible and environmentally sound

in accordance with existing Community or Maltese

environmental standards and with the requirements of

these regulations where relevant;

(iv) putting topsoil back in place after the closure

of the waste facility or, if this is not practically feasible,

reusing topsoil elsewhere;

(v) using less dangerous substances for the

treatment of mineral resources;

(b) to encourage the recovery of extractive waste by

means of recycling, reusing or reclaiming such waste, where

this is environmentally sound in accordance with existing

Community or Maltese environmental standards and with the

requirements of these regulations where relevant;

(c) to ensure short and long-term safe disposal of the

extractive waste, in particular by considering, during the design

phase, the management during the operation and after-closure

of a waste facility and by choosing a design which

(i) requires minimal and, if possible, ultimately no

monitoring, control and management of the closed waste

facility;

(ii) prevents or at least minimises any long-term

negative effects, for example attributable to migration

of airborne or aquatic pollutants from the waste facility;

and

(iii) ensures the long-term geotechnical stability

of any dams or heaps rising above the pre-existing ground

surface.

(3) The waste management plan shall contain at least

the following elements

(a) the proposed classification for the waste facility in

accordance with the criteria laid down in regulation 6 of these

regulations and sufficient information justifying that a Category

A waste facility is not required, including an identification of

possible accident hazards;

(b) waste characterisation in accordance with Schedule

2 to these regulations and a statement of the estimated total

quantities of extractive waste to be produced during the

operational phase;

(c) a description of the operation generating such waste

and of any subsequent treatment to which it is subject;

(d) a description of how the environment and human

health may be adversely affected by the deposit of such waste

and the preventive measures to be taken in order to minimise

environmental impact during operation and after closure,

including the aspects referred to in sub-regulations (1), (2), (4)

and (5) of regulation 19 of these regulations;

(e) the proposed control and monitoring procedures

pursuant to sub-regulation (3) of regulation 19 of these

regulations;

(f) measures for the prevention of water status

deterioration in accordance with the Water Policy Framework

Regulations, 2004, and for the prevention or minimisation

of air and soil pollution pursuant to regulation 20 of these

regulations;

(g) a survey of the condition of the land to be affected

by the waste facility.

(h) any other relevant information requested by the

Competent Authority.

(4) The waste management plan shall provide sufficient

information to enable the Competent Authority to evaluate the

operator’s ability to meet the objectives of the waste management plan

as set out in sub-regulation (2) of this regulation and his obligations

under these regulations. The plan shall explain, in particular, how

the option and method chosen as mentioned in indent (i) of paragraph

(a) of sub-regulation (2) of this regulation will fulfil the objectives

of the waste management plan as laid down in paragraph (a) of sub-

regulation (2) of this regulation.

(5) The Competent Authority may specify the format in

which such information is to be made available.

(6) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations, 2001.

(7) The waste management plan shall be reviewed

every five years and, or amended, as appropriate, in the event of

substantial changes to the operation of the waste facility or to the

waste deposited. Any amendments shall be notified to the Competent

Authority.

(8) Plans produced pursuant to other Community or

Maltese legislation and containing the information specified in sub-

regulation (3) of this regulation may be used where this obviates

the unnecessary duplication of information and the repetition of

work by the operator, on condition that all requirements under sub-

regulations (1), (2), (3), (4) and (7) of this regulation are met.

(9) The Competent Authority shall approve the waste

management plan on the basis of procedures to be decided by the

Competent Authority and shall monitor its implementation.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 19 Construction and management of waste facilities. — Industries and Backfilling) Regulations, 2009 Open official source

In constructing a new waste facility or modifying an

existing waste facility, the operator shall ensure that

(1) the waste facility is suitably located, taking into

account in particular Community or Maltese obligations relating

to protected areas, and geological, hydrological, hydrogeological,

seismic and geotechnical factors, and is designed so as to meet the

necessary conditions for, in the short and long-term perspectives,

preventing pollution of the soil, air, groundwater or surface water,

taking into account especially the Pollution Caused by Certain

Dangerous Substances Discharged Into the Aquatic Environment

Regulations, 2001, the Protection of Groundwater against Pollution

caused by Certain Dangerous Substances Regulations, 2002, and the

Water Policy Framework Regulations, 2004, and ensuring efficient

collection of contaminated water and leachate as and when required

under the permit, and reducing erosion caused by water or wind as

far as it is technically possible and economically viable;

(2) the waste facility is suitably constructed, managed

and maintained to ensure its physical stability and to prevent

pollution or contamination of soil, air, surface water or groundwater

in the short and long-term perspectives as well as to minimise as far

as possible damage to landscape;

(3) there are suitable plans and arrangements for regular

monitoring and inspection of the waste facility by competent persons

and for taking action in the event of results indicating instability or

water or soil contamination

Provided records of the monitoring and inspections shall

be kept, together with permit documentation, in order to ensure the

appropriate hand-over of information, particularly in the event of a

change of operator.

(4) suitable arrangements are made for the rehabilitation

of the land and the closure of the waste facility;

(5) suitable arrangements are made for the after-closure

phase of the waste facility.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 20 Prevention of water status deterioration, air and soil pollution. — Industries and Backfilling) Regulations, 2009 Open official source

(1) The operator shall take the necessary measures in

order to meet Community or Maltese environmental standards, in

particular to prevent, in accordance with the Water Policy Framework

Regulations, 2004, the deterioration of current water status, inter

alia, by

(a) evaluating the leachate generation potential,

including contaminant content of the leachate, of the deposited

waste during both the operational and after-closure phase of

the waste facility, and determining the water balance of the

waste facility;

(b) preventing or minimising leachate generation and

surface water or groundwater and soil from being contaminated

by the waste; and

(c) collecting and treating contaminated water and

leachate from the waste facility to the appropriate standard

required for their discharge.

(2) The operator shall take adequate measures to prevent

or reduce dust and gas emissions.

(3) Where, on the basis of an assessment of

environmental risks, taking into account, in particular, the

Pollution Caused by Certain Dangerous Substances Discharged

Into the Aquatic Environment Regulations, 2001, the Protection

of Groundwater against Pollution caused by Certain Dangerous

Substances Regulations, 2002, or the Water Policy Framework

Regulations, 2004, as applicable, the Competent Authority has

decided that collection and treatment of leachate is not necessary

or it has been established that the waste facility poses no potential

hazard to soil, groundwater or surface water, the requirements set

out in paragraphs (b) and (c) of sub-regulation (1) of this regulation

may be reduced or waived accordingly.

PART VI

INVENTORY OF CLOSED WASTE FACILITIES

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 21 Inventory of closed waste facilities. — Industries and Backfilling) Regulations, 2009 Open official source

The Competent Authority shall draw up and periodically

update an inventory of closed waste facilities, including abandoned

waste facilities, which cause serious negative environmental impacts

or have the potential of becoming in the medium or short term a

serious threat to human health or the environment

Provided that such an inventory, to be made available to the

public, shall be carried out by 1 May 2012.

PART VII

BACKFILLING INTO EXCAVATION VOIDS

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 22 Application and permit. — Industries and Backfilling) Regulations, 2009 Open official source

(1) No excavation void, whether created through

surface or underground extraction, shall be allowed to be backfilled

without a permit granted by the Competent Authority.

(2) The permit shall contain the elements specified in

sub-regulation (3) of this regulation

Provided that, subject to compliance with all requirements

under this regulation, any permit produced pursuant to other

Community or Maltese legislation may be combined to form a single

permit, where such a format obviates the unnecessary duplication of

information and the repetition of work by the operator or Competent

Authority

Provided further that, the details specified in sub-

regulation (3) of this regulation can be covered by one single

permit or several permits, provided that all requirements under this

regulation are complied with.

(3) The application for a permit shall contain at least

the following details

(a) the identity of the operator;

(b) the location of the excavation void, whether created

through surface or underground extraction;

(c) the backfilling plan pursuant to regulation 23 of

these regulations; and

(d) any other relevant information requested by the

Competent Authority.

(4) The Competent Authority may specify the format in

which such information is to be made available.

(5) The Competent Authority shall only grant a permit

if it is satisfied that

(a) the operator complies with the relevant requirements

under these regulations;

(b) the backfilling into the excavation void, whether

created through surface or underground extraction, does not

conflict directly or otherwise interfere with the implementation

of the relevant waste management plan or plans referred to in

sub-regulation (3) of regulation 4 of the Waste Management

(Permit and Control) Regulations, 2001.

(6) The Competent Authority shall reconsider and,

where necessary, update permit conditions periodically

(a) where there are substantial changes in the backfilling

into the excavation void, whether created through surface or

underground extraction, or the backfill;

(b) on the basis of inspections carried out pursuant to

regulation 29 of these regulations;

(c) in the light of information exchange on substantial

changes in best available techniques.

(7) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations, 2001

Provided that the information contained in a permit granted

under these regulations shall be made available to the competent

national and Community statistical authorities when requested for

statistical purposes

Provided further that sensitive information of a purely

commercial nature, such as information concerning business

relations and cost components and the volume of economic mineral

reserves, shall not be made public.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 23 Backfilling plan. — Industries and Backfilling) Regulations, 2009 Open official source

(1) The operator shall draw up a backfilling plan for

the backfilling into the excavation void, whether created through

surface or underground extraction.

(2) The objectives of the backfilling plan shall be

(a) to ensure that the backfilling into the excavation void,

whether created through surface or underground extraction, is

carried out in accordance with existing Community or Maltese

environmental standards and with the requirements of these

regulations where relevant; and

(b) to encourage material recovery by means of

backfilling, where this is environmentally sound in accordance

with existing Community or Maltese environmental standards

and with the requirements of these regulations where

relevant.

(3) The backfilling plan shall contain at least the

following elements

(a) a description of how the environment and human

health may be adversely affected by the backfilling into

the excavation void, whether created through surface or

underground extraction, including the relocation of temporary

constructions, and the preventive measures to be taken in order

to minimise environmental impact during operation and after

closure, including the aspects referred to in sub-regulations

(1), (2), (4) and (5) of regulation 24 of these regulations;

(b) the proposed control and monitoring procedures

pursuant to regulations 24, 25, 26 and 27 of these regulations,

when applicable;

(c) the proposed plan for closure, including

rehabilitation, after-closure procedures and monitoring as

provided for in regulation 26 of these regulations;

(d) measures for the prevention of water status

deterioration in accordance with the Water Policy Framework

Regulations, 2004, and for the prevention or minimisation

of air and soil pollution pursuant to regulation 25 of these

regulations;

(e) a survey of the condition of the land to be affected

by the backfilling.

(f) any other relevant information requested by the

Competent Authority.

(4) The backfilling plan shall provide sufficient

information to enable the Competent Authority to evaluate the

operator’s ability to meet the objectives of the backfilling plan as set

out in sub-regulation (2) of this regulation and his obligations under

these regulations.

(5) The Competent Authority may specify the format in

which such information is to be made available.

(6) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations, 2001.

(7) Plans produced pursuant to other Community or

Maltese legislation and containing the information specified in sub-

regulation (3) of this regulation may be used where this obviates

the unnecessary duplication of information and the repetition of

work by the operator, on condition that all requirements under sub-

regulations (1), (2), (3) and (4) of this regulation are met.

(8) The Competent Authority shall approve the

backfilling plan on the basis of procedures to be decided by the

Competent Authority and shall monitor its implementation.

Malta Government Gazette — Legal Notice 2009 22 — Industries and Backfilling) Regulations, 2009

Reg. 24 Construction and management of excavation voids. — Industries and Backfilling) Regulations, 2009 Open official source

In backfilling into an excavation void, whether created

through surface or underground extraction, the operator shall ensure

that

(1) the excavation void, whether created through surface

or underground extraction, is suitably located, taking into account in

particular Community or Maltese obligations relating to protected

areas, and geological, hydrological, hydrogeological, seismic and

geotechnical factors, and is backfilled in such a way so as to meet

the necessary conditions, in the short and long-term perspectives,