Assessment and Management of Flood Risks Regulations, 2010

L.N. 264 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Assessment and Management of Flood Risks Regulations, 2010

IN exercise of the powers conferred by article 28 of

the Malta Resources Authority Act, the Minister for Resources

and Rural Affairs, after consultation with the Malta Resources

Authority, has made the following regulations

(1) The title of these regulations is the Assessment and

Management of Flood Risks Regulations, 2010.

(2) The scope of these regulations is to tranpose Directive

2007/60/EC of the European Parliament and of the Council of 23

October 2007 on the assessment and management of flood risks

(Text with EEA relevance) which establishes a framework for the

assessment and management of flood risks, aiming at the reduction

of the adverse consequences for human health, the environment,

cultural heritage and economic activity associated with floods.

Regulation 6 (3) - Flood Risk Management Plans

I. Components of the first Flood Risk Management Plan

1. the conclusions of the preliminary flood risk assessment as required in terms

of these regulations in the form of a summary map of the water catchment district,

or the unit of management delineating the areas identified under regulation 4 which

are the subject of this Flood Risk Management Plan;

2. flood hazard maps and flood risk maps and the conclusions that can be

drawn from those maps;

3. a description of the appropriate objectives of flood risk management;

4. a summary of the measures and their prioritisation aiming to achieve the

appropriate objectives of flood risk management, including the measures taken

in accordance with regulation 6, and flood related measures taken under other

Community acts, including Council Directives 85/337/EEC of 27 June 1985 on the

assessment of the effects of certain public and private projects on the environment

and Directive 96/82/EC of 9 December 1996 on the control of major accident

hazards involving dangerous substances, Directive 2001/42/EC of the European

Parliament and of the Council of 27 June 2001 on the assessment of the effects of

certain plans and programmes on the environment and Directive 2000/60/EC;

5. when available, for shared water catchments or sub-catchments, a

description of the methodology, of cost-benefit analysis used to assess measures

with transnational effects.

II. Description of the implementation of the plan

1. a description of the prioritisation and the way in which progress in

implementing the plan will be monitored;

2. a summary of the public information and consultation measures taken;

3. a list of competent authorities and, as appropriate, a description of the

coordination process with Directive 2000/60/EC.

(1) Unless otherwise stated in these regulations, the

definitions in the Act shall apply.

Interpretation.

(2) In these regulations unless the context otherwise

requires

“the Act” means the Malta Resources Authority Act;

“the competent authority” means the Malta Resources

Authority;

“flood” means the temporary covering by water of land

not normally covered by water. This includes floods from

rivers, mountain torrents, Mediterranean ephemeral water

courses, and floods from the sea in coastal areas, and excludes

floods from sewerage systems;

“flood risk” means the combination of the probability

of a flood event and of the potential adverse consequences

for human health, the environment, cultural heritage and

economic activity associated with a flood event;

“river” means a body of inland water flowing for the most

part on the surface of the land but which may flow underground for

part of its course;

“sub-catchment” means the area of land from which

all surface run-off flows through a series of streams, rivers

and, possibly, lakes to a particular point in a water course

(normally a lake or a river confluence);

“water catchment” means the area of land from which

all surface run-off flows through a sequence of streams,

rivers and, possibly, lakes into the sea at a single river mouth,

estuary or delta;

“water catchment district” means the area of land and

sea, made up of one or more neighbouring water catchments

together with their associated groundwaters and coastal

waters.

(3) For the purposes of these regulations, any reference

to Directives of the European Parliament and of the Council, shall

be read and construed as if reference is made to the provisions of

the regulations transposing the provisions of such directive into

Maltese law.

Regulation 9 (3) - Components of the subsequent update of Flood Risk

Management Plans

1. any changes or updates since the publication of the previous version of the

Flood Risk Management Plan, including a summary of the reviews carried out in

compliance with regulation 9;

2. an assessment of the progress made towards the achievement of the

objectives referred to in regulation 6 (2);

3. a description of, and an explanation for, any measures foreseen in the earlier

version of the flood risk management plan which were planned to be undertaken and

have not been taken forward;

4. a description of any additional measures since the publication of the

previous version of the Flood Risk Management Plan.

€0.75

(1) The competent authority shall undertake a

preliminary flood risk assessment for each water catchment district

and unit of management by 22 December 2011. This preliminary

flood risk assessment shall provide an assessment of potential risks

and shall be based on available or readily derivable information,

such as records and studies on long term developments, in

particular the impact of climate change on the occurrence of floods,

and shall include the information required in sub-regulation (2) of

this regulation.

(2) The preliminary flood risk assessment shall include

at least

(a) maps of the water catchment district at the

appropriate scale including the borders of the water

catchments, sub-catchments, and where existing, coastal

areas, showing topography and land use;

(b) a description of the floods which have occurred

in the past and which have had significant adverse impacts

on human health, the environment, cultural heritage and

economic activity and for which the likelihood of similar

future events is still relevant, including the flood extent and

conveyance routes and an assessment of the adverse impacts

they have entailed;

(c) a description of the significant floods which have

occurred in the past, where significant adverse consequences

of similar future events might be envisaged;

(3) The competent authority shall, where considered

necessary, in collaboration and with the contribution of the

relevant competent authorities undertake an assessment of the

potential adverse consequences of future floods for human health,

the environment, cultural heritage and economic activity, taking

into account as far as possible issues such as the topography, the

position of watercourses and their general hydrological and geo-

morphological characteristics, including floodplains as natural

retention areas, the effectiveness of existing manmade flood

defence infrastructures, the position of populated areas, areas of

economic activity and long-term developments including impacts

of climate change on the occurrence of floods.

On the basis of the preliminary flood risk assessment,

the competent authority shall identify those areas where a potential

significant flood risk exists or might be considered likely to occur.

Identification of areas of potential significant flood risk.

(1) The competent authority shall prepare flood hazard

maps and flood risk maps for the areas identified in terms of

regulation 4.

(2) Flood hazard maps shall cover the geographical

areas which could be flooded according to the following scenarios

(a) floods with a low probability, or extreme event

scenarios;

(b) floods with a medium probability having a likely

return period of more than one hundred years;

(c) floods with a high probability, where appropriate.

(3) For each scenario referred to in sub-regulation (2),

the following shall be shown

(a) the flood extent;

(b) water depths or water level, as appropriate;

(c) where appropriate, the flow velocity or the relevant

water flow.

(4) Flood risk maps shall show the potential

adverse consequences associated with flood scenarios referred to in

sub-regulation (2) and shall be expressed in terms of

(a) the indicative number of inhabitants potentially

affected;

(b) type of economic activity of the area potentially

affected;

(c) installations as referred to in Annex I of Council

Directive 96/61/EC of 24 September 1996 concerning

integrated pollution prevention and control which may

cause accidental pollution in case of flooding and potentially

affected protected areas identified in Annex IV (1)(i), (iii) and

(v) to Directive 200/60/EC;

(d) other information which the competent authority

considers useful, such as the indication of areas where floods

with a high content of transported sediments and debris floods

can occur and information on other significant sources of

pollution.

(5) For coastal areas and areas where flooding is from

groundwater sources the preparation of flood hazard maps shall be

limited to floods with a low probability or extreme event scenarios.

(6) The flood hazard maps and flood risk maps shall be

completed by 22 December 2013.

(1) The competent authority shall draw up Flood Risk

Management Plans on the basis of the flood risk maps for each of

the areas identified in terms of regulation 4.

(2) The Flood Risk Management Plan shall incorporate

objectives for each of those areas identified in terms of regulation

4, focusing on the reduction of potential adverse consequences

of flooding for human health, the environment, cultural heritage

and economic activity and where appropriate on non-structural

initiatives or on the reduction of the likelihood of flooding.

(3) The Flood Risk Management Plan shall include

the elements listed in the First Schedule to these regulations and

shall take into account relevant aspects such as costs and benefits,

flood extent and flood conveyance routes and areas which have

the potential to retain flood water, such as natural floodplains, the

environmental objectives of Article 4 of Directive 2000/60/EC,

soil and water management, spatial planning, land use, nature

conservation, navigation and port infrastructure.

(4) Flood risk management plans shall address

all aspects of flood risk management focusing on prevention,

protection, preparedness, including flood forecasts and early

warning systems and taking into account the characteristics of

the particular water catchment or sub-catchment as well as the

promotion of sustainable land use practices, improvement of

water retention as well as the controlled flooding of certain areas

in the case of a flood event.

(5) Flood risk management plans shall be completed

and published by 22 December 2015.

(1) The implementation of these regulations shall

be effected in consistency with the Water Framework Policy

Regulations, 2004 and shall focus on opportunities for improving

efficiency, information exchange and for achieving common

synergies and benefits having regard to the environmental

objectives laid down in such regulations, in particular

(a) the development of the first flood hazard maps

and flood risk maps and their subsequent reviews shall be

carried out in such a way that the information they contain

is consistent with relevant information pertaining to the

Water Framework Policy Regulations, 2004;

(b) the development of the first flood risk

management plans and their subsequent reviews shall be

carried out in coordination with, and may be integrated

into, the reviews of the water catchment management plans

provided for in the Water Framework Policy Regulations,

2004;

(c) the active involvement of all interested parties

as required by regulation 8 of these regulations shall be

coordinated with the active involvement of parties under the

Water Framework Regulations, 2004.

(1) The competent authority shall make available to

the public the preliminary flood risk assessment, the flood hazard

maps, the flood risk maps and the Flood risk management plans.

(2) Interested parties shall be encouraged to participate

actively in the production, review and updating of the Flood risk

management plans.

(1) The preliminary flood risk assessment shall be

reviewed and if necessary updated by 22 December 2018 and every

six years thereafter, taking into account the likely impact of climate

change on the occurrence of floods.

(2) The flood hazard maps and the flood risk maps

shall be reviewed and if necessary updated, by 22 December 2019,

and every six years thereafter.

(3) The Flood risk management plans shall be

reviewed and, if necessary, updated, including the elements set out

in the Second Schedule to these regulations by the 22nd December

2021, and every six years thereafter, taking into account the likely

impact of climate change on the occurrence of floods.

B