and Backfilling) (Amendment) Regulations, 2011

L.N. 216 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Waste Management

(Management of Waste from the Extractive Industries

and Backfilling) (Amendment) Regulations, 2011

IN EXERCISE of the powers conferred by articles 61 and

62 of the Environment and Development Planning Act, the Prime

Minister, after consultation with the Malta Environment and

Planning Authority, has made the following regulations:-

The title of these regulations is the Waste Management Title.

(Management of Waste from the Extractive Industries and

Backfilling) (Amendment) Regulations, 2011, and they shall

be read and construed as one with the Waste Management

(Management of Waste from the Extractive Industries and

Backfilling) Regulations, 2009, hereinafter referred to as “the L.N. 22 of 2009.

principal regulations”.

(1) For sub-regulation (5) of regulation 4 of the

principal regulations there shall be substituted the following:-

“(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, regulations 17 and 18 of these regulations shall not

apply to those waste facilities that have stopped accepting

waste before 1 May 2006, 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.”.

(2) Immediately after sub-regulation (6) of regulation

4 of the principal regulations, there shall be added the following

new sub-regulations

“(7) Sub-regulation (3) of this regulation shall not

apply to waste facilities closed by 1 May 2008.

(8) The Competent Authority shall ensure that, from 1

May 2006 and notwithstanding any closure of a waste facility after

that date and before 1 May 2008, extractive waste is managed in

a way that does not prejudice the fulfilment of sub-regulation (1)

of regulation 5, and other applicable environmental requirements

set out in national and Community legislation, including the Water

Policy Framework Regulations, 2004.”.

For sub-regulation (6)(b) of regulation 9 of the principal

regulations there shall be substituted the following:-

“(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 28 of these regulations;”.

€0.18