2298 tal-2012 - Regolamenti tal-2012 li Jemendaw ir-Regolamenti dwar il-Libertà ta’ Aċċess għal Informazzjoni dwar l-Ambjent

L.N. 298 of 2012

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Freedom of Access to Information on the Environment

(Amendment) Regulations, 2012

BY VIRTUE of the powers conferred by articles 61 and 62 of

the Environment and Development Planning Act, the Minister for

Tourism, Culture and the Environment, after consultation with the

Malta Environment and Planning Authority, has made the following

regulations:-

The title of these regulations is the Freedom of Access to Citation.

Information on the Environment (Amendment) Regulations, 2012,

and these regulations shall be read and construed as one with the S.L. 504.65

Freedom of Access to Information on the Environment Regulations,

hereinafter referred to as the "principal regulations".

The aim of these regulations is to transpose correctly Scope.

Article 3(1), Article 3(2)(a), Article 3(2)(b) and Article 6(1) of

Directive 2003/4/EC of the European Parliament and of the Council

of 28 January 2003 on Public Access to Environmental Information

and repealing Council Directive 90/313/EEC.

Regulation 3 of the principal regulations shall be Substitutes

regulation 3 of

substituted by the following new regulation

the principal

regulations.

" Request for

3. (1) Any applicant may, without

environmental

having to state an interest, request the

information.

competent authority to provide him with any

environmental information held by or for the

competent authority or any other public

authority.

(2) A record of all such requests shall

be kept by the competent authority.".

Sub-regulation (1) of regulation 4 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(1) The competent authority shall, if it has in hand the

requested environmental information, as soon as possible or, at

the latest, within thirty days from receipt of the request, provide

such environmental information to the applicant.".

Regulation 5 of the principal regulations shall be Substitutes

regulation 5 of

the principal

regulations.

substituted by the following new regulation

" Environmen-

5. If the competent authority does not

tal information

have in hand the requested environmental

held by or for

information, the applicant shall be informed

other public

authorities.

expeditiously and the competent authority

shall immediately forward such a request to

the public authorities holding such

information, including information held for

such a public authority, and shall, in

accordance with the provisions of regulation

4, provide such environmental information to

the applicant.".

Immediately after regulation 11 of the principal

Adds new

regulation to the

regulations, there shall be added the following new regulation

principal

regulations.

" Appeal to the

In cases where the applicant

Environment

decides to have recourse to the Environment

and Planning

and Planning Review Tribunal on matters

Review

Tribunal.

relating to requests for environmental

information, having due regard to the need for

expeditiousness, the Tribunal shall hold its

first hearing within six working days from

receipt of the appeal. In any such appeal, the

provisions of article 41(4) of the Environment

and Development Planning Act shall apply

with regard to requests for environmental

information.".

€0.18