The Waste (Amendment) Regulations, 2011

L.N. 441 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

The Waste (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 (Amendment) Title.

Regulations, 2011, and they shall be read and construed as one

with the Waste Regulations, 2011, hereinafter referred to as “the L.N. 184 of 2011.

principal regulations”.

For sub-regulation (2) of regulation 2 of the principal

regulations there shall be substituted the following :-

“(2) The objective of these regulations is, to protect

the environment and human health by preventing or reducing

the adverse impacts of the generation and management of

waste and by reducing overall impacts of resource use and

improving the efficiency of such use.”.

(a) For sub-regulation (1) of regulation 3 of the

principal regulations there shall be substituted the following:-

“(1) The following shall be excluded from the scope

of these regulations:”;

(b) for sub-regulation (1)(a) of regulation 3 of the

principal regulations there shall be substituted the following:-

“(a) gaseous effluents emitted in the atmosphere and

carbon dioxide captured and transported for the purposes

of the Geological Storage of Carbon Dioxide Regulations,

2011.”;

(c) for sub-regulation (2) of regulation 3 of the

principal regulations there shall be substituted the following:-

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

these regulations to the extent that they are covered by other

national or Community legislation:”.

Immediately after sub-regulation (5) of regulation 6 of

the principal regulations, there shall be added the following new

sub-regulation

“(6) Those establishments or undertakings and

activities that are exempt from the requirement of sub-

regulation (1) of regulation 19 of these regulations and are

not registered in accordance with sub-regulation (1) of

regulation 27 of these regulations, who intend to implement

end-of-waste criteria set at Community level are to notify the

competent authority.”.

For sub-regulation (1) of regulation 7 of the principal

regulations there shall be substituted the following:-

“(1) Commission Decision 2000/532/EC 1 establishing

a list of wastes shall apply. The list of waste shall be

binding as regards determination of the waste which is to be

considered as hazardous waste. The inclusion of a substance

or object in the list shall not mean that it is waste in all

circumstances. A substance or object shall be considered to be

waste only where the definition laid down in regulation 4 of

these regulations is met.”.

For regulation 11 of the principal regulations there shall

be substituted the following:-

“11. The Competent Authority shall ensure that, where

recovery in accordance with paragraphs 2 and 3 of Schedule

5 to these regulations is not undertaken, waste undergoes

safe disposal operations which meet the provisions laid down

in paragraph 3 of Schedule 5 to these regulations on the

protection of human health and the environment.”.

(a) For sub-regulation (1) of regulation 12 of the

principal regulations there shall be substituted the following:-

“(1) It shall be the duty of any original waste producer

or other waste holder who carries out the treatment of

waste himself or has the treatment handled by a dealer or

an establishment or undertaking which carries out waste

treatment operations or arranged by a private or public waste

collector to ensure that the waste is managed, in accordance

with paragraphs 2 and 3 of Schedule 5 to these regulations

and the conditions attached to any permit.”;

OJ L 226, 6.9.2000, p.3

(b) for sub-regulation (8) of regulation 12 of the

principal regulations there shall be substituted the following:-

“(8) Establishments or undertakings which collect

or transport waste on a professional basis shall deliver the

waste collected and transported to appropriate treatment

installations in accordance with paragraph 3 of Schedule 5 to

these regulations.”.

For sub-regulation (1) of regulation 14 of the principal

regulations there shall be substituted the following:-

“(1) The Competent Authority shall take the

necessary action to ensure that the production, collection and

transportation of hazardous waste, as well as its storage and

treatment, are carried out in conditions providing protection

for the environment and human health in order to meet the

provisions laid down in paragraph 3 of Schedule 5 to these

regulations.”.

For sub-regulation (2)(b) of regulation 16 of the principal

regulations there shall be substituted the following:-

“(b) the provisions in paragraph 3 of Schedule 5 to

these regulations are complied with and the adverse impact of

the waste management on human health and the environment

is not increased; and”.

(a) For sub-regulation (1) of regulation 17 of the

principal regulations there shall be substituted the following:-

“(1) Regulations 14, 16 and 33 of these regulations

shall not apply to mixed waste produced by households.”; and

(b) for sub-regulation (2) of regulation 17 of the

principal regulations there shall be substituted the following:-

“(2) Regulations 14 and 33 of these regulations shall

not apply to separate fractions of hazardous waste produced

by households until they are accepted for collection, disposal

or recovery by an establishment or an undertaking which has

obtained a permit or has been registered in accordance with

regulations 19 or 27 of these regulations.”.

For sub-regulation (1) of regulation 19 of the principal

regulations there shall be substituted the following:-

“(1) Any establishment or undertaking intending

to carry out waste treatment shall obtain a permit from the

Competent Authority.”.

For sub-regulation (1) of regulation 21 of the principal

regulations there shall be substituted the following:-

“(1) Where the Competent Authority considers that the

intended method of treatment is unacceptable from the point

of view of environmental protection, in particular when the

method is not in accordance with paragraph 3 of Schedule 5

to these regulations, it shall refuse to issue the permit.”.

For sub-regulation (6) of regulation 23 of the principal

regulations there shall be substituted the following:-

“(6) Action by the Competent Authority under sub-

regulations (3) and (4) of this regulation shall be without

prejudice to regulations 34, 35 and 36 of these regulations.”.

For sub-regulation (1)(c) of regulation 27 of the

principal regulations there shall be substituted the following:-

“(c) establishments or undertakings which are subject

to exemptions from the permit requirements pursuant to

regulation 26 of these regulations, in accordance with the

Waste Management (Activity Registration) Regulations,

2007.”.

(a) For sub-regulation (1) of regulation 28 of the

principal regulations there shall be substituted the following:-

“(1) The Competent Authority shall establish,

in accordance with regulation 2 and Schedule 5 to these

regulations, one or more waste management plans. Such plans

shall, alone or in combination, cover all Malta.”;

(b) for sub-regulation (2) of regulation 28 of the

principal regulations there shall be substituted the following:-

“(a) include a statement of the authority’s policies for

attaining the objectives specified in Part 1 of Schedule 5 to

these regulations; and

(b) include the matters set out in Part 2 of Schedule 5

to these regulations.”; and

(c) for sub-regulation (3) of regulation 28 of the

principal regulations there shall be substituted the following:-

“(3) The Competent Authority shall consider, in

particular, whether the matters set out in Part 3 of Schedule

5 to these regulations should be included in the waste

management plans.”.

(a) For sub-regulation (1) of regulation 29 of the

principal regulations there shall be substituted the following:-

“(1) The Competent Authority shall establish, in

accordance with regulations 2 and Schedule 5 to these

regulations, waste prevention programmes not later than 12

December 2013. Such programmes shall either:”; and

(b) for sub-regulation (1)(a) of regulation 29 of the

principal regulations there shall be substituted the following:-

“(a) be integrated into the waste management plans

provided for in regulation 28 of these regulations, or”.

(a) For the title of Schedule 4 to the principal Amends

regulations there shall be substituted the following:-

“EXCLUSIONS FROM THE REQUIREMENTS LAID DOWN

IN SUB-REGULATION (1) OF REGULATION 19”;

(b) for Part 1 of Schedule 4 to the principal regulations

there shall be substituted the following:-

“Establishments or undertakings carrying out the

following operations shall be excluded from the requirements

laid down in sub-regulation (1) of regulation 19 of these

regulations”; and

(c) for Part 2 of Schedule 4 to the principal regulations

there shall be substituted the following:-

“Activities excluded from the requirements laid down in

sub-regulation (1) of regulation 19 of these regulations”.

For paragraph (6) (a) of Part 2 of Schedule 5 to the

principal regulations there shall be substituted the following:-

“(a) the type, quantity and source of waste generated

within the Maltese territory, the waste likely to be shipped

from or to the national territory, and an evaluation of the

development of waste streams in the future;”.

For the title of Schedule 6 to the principal regulations

there shall be substituted the following:-

“EXAMPLES OF WASTE PREVENTION MEASURES

REFERRED TO IN REGULATION 29”.

(a) For the title of Schedule 10 to the principal

regulations there shall be substituted the following:-

“END-OF-WASTE CRITERIA DECLARATION, REFERRED TO

IN REGULATION 6”; and

(b) for the footnote 1 of Schedule 10 to the principal

regulations there shall be substituted the following:-

“Refer to Schedule 2 of L.N. 184 of 2011.”.

€0.54