10 tal-2013

L.N. 10 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Industrial Emissions (Integrated Pollution Prevention

and Control) Regulations, 2013

BY VIRTUE of the powers conferred by articles 2, 61, 64 and

66 of the Environment and Development Planning Act, the Minister

for Tourism, Culture and the Environment, in consultation with the

Malta Environment and Planning Authority, has made the following

regulations:-

(1) The title of these regulations is the Industrial Citation and

Emissions (Integrated Pollution Prevention and Control) Regulations, commencement.

2013. (2) These regulations shall be deemed to have come into force

on the 7th January, 2013.

Categories of activities referred to in regulation 3

The threshold values given below generally refer to production capacities or

outputs. Where several activities falling under the same activity description

containing a threshold are operated in the same installation, the capacities of such

activities are added together. For waste management activities, this calculation

shall apply at the level of activities 5.1, 5.3(a) and 5.3(b).

In the application of this Schedule, the competent authority shall take into

account any guidance published by the European Commission on

(a)

the relationship between waste management activities described

in this Schedule and those described in Annexes I and II to Directive 2008/

98/EC; and

(b) the interpretation of the term "industrial scale" regarding the

description of chemical industry activities described in this Schedule.

1. Energy industries

1.1. Combustion of fuels in installations with a total rated thermal input of

50 MW or more

1.2. Refining of mineral oil and gas

1.3. Production of coke

1.4. Gasification or liquefaction of

(a)

coal;

(b) other fuels in installations with a total rated thermal input of 20

MW or more.

2. Production and processing of metals

2.1. Metal ore (including sulphide ore) roasting or sintering

2.2. Production of pig iron or steel (primary or secondary fusion) including

continuous casting, with a capacity exceeding 2.5 tonnes per hour

2.3. Processing of ferrous metals

(a)

operation of hot-rolling mills with a capacity exceeding 20 tonnes

of crude steel per hour;

(b)

operation of smitheries with hammers the energy of which

exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20

MW;

(c)

application of protective fused metal coats with an input

exceeding 2 tonnes of crude steel per hour.

2.4. Operation of ferrous metal foundries with a production capacity

exceeding 20 tonnes per day

2.5. Processing of non-ferrous metals

(a)

production of non-ferrous crude metals from ore, concentrates or

secondary raw materials by metallurgical, chemical or electrolytic processes;

(b) melting, including the alloyage, of non-ferrous metals, including

recovered products and operation of non-ferrous metal foundries, with a

melting capacity exceeding 4 tonnes per day for lead and cadmium or 20

tonnes per day for all other metals.

2.6. Surface treatment of metals or plastic materials using an electrolytic or

chemical process where the volume of the treatment vats exceeds 30 m 3

3. Mineral industry

3.1. Production of cement, lime and magnesium oxide

(a)

production of cement clinker in rotary kilns with a production

capacity exceeding 500 tonnes per day or in other kilns with a production

capacity exceeding 50 tonnes per day;

(b) production of lime in kilns with a production capacity exceeding

50 tonnes per day;

(c)

production of magnesium oxide in kilns with a production

capacity exceeding 50 tonnes per day.

3.2. Production of asbestos or the manufacture of asbestos-based products

3.3. Manufacture of glass including glass fibre with a melting capacity

exceeding 20 tonnes per day

3.4. Melting mineral substances including the production of mineral fibres

with a melting capacity exceeding 20 tonnes per day

3.5. Manufacture of ceramic products by firing, in particular roofing tiles,

bricks, refractory bricks, tiles, stoneware or porcelain with a production capacity

exceeding 75 tonnes per day and/or with a kiln capacity exceeding 4 m 3 and with a

setting density per kiln exceeding 300 kg/m 3

4. Chemical industry

For the purpose of this section, production within the meaning of the

categories of activities contained in this section means the production on an

industrial scale by chemical or biological processing of substances or groups of

substances listed in points 4.1 to 4.6

4.1. Production of organic chemicals, such as

(a)

simple hydrocarbons (linear or cyclic, saturated or unsaturated,

aliphatic or aromatic);

(b) oxygen-containing hydrocarbons such as alcohols, aldehydes,

ketones, carboxylic acids, esters and mixtures of esters, acetates, ethers,

peroxides and epoxy resins;

(c)

sulphurous hydrocarbons;

(d) nitrogenous hydrocarbons such as amines, amides, nitrous

compounds, nitro compounds or nitrate compounds, nitriles, cyanates,

isocyanates;

(e)

phosphorus-containing hydrocarbons;

(f)

halogenic hydrocarbons;

(g)

organometallic compounds;

(h)

plastic materials (polymers, synthetic fibres and cellulose-based

fibres);

(i)

synthetic rubbers;

(j)

dyes and pigments;

(k)

surface-active agents and surfactants.

4.2. Production of inorganic chemicals, such as

(a)

gases, such as ammonia, chlorine or hydrogen chloride, fluorine

or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides,

hydrogen, sulphur dioxide, carbonyl chloride;

(b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid,

nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids;

(c)

bases, such as ammonium hydroxide, potassium hydroxide,

sodium hydroxide;

(d) salts, such as ammonium chloride, potassium chlorate, potassium

carbonate, sodium carbonate, perborate, silver nitrate;

(e)

non-metals, metal oxides or other inorganic compounds such as

calcium carbide, silicon, silicon carbide.

4.3. Production of phosphorous-, nitrogen- or potassium-based fertilisers

(simple or compound fertilisers)

4.4. Production of plant protection products or of biocides

4.5. Production of pharmaceutical products including intermediates

4.6. Production of explosives

5. Waste management

5.1. Disposal or recovery of hazardous waste with a capacity exceeding 10

tonnes per day involving one or more of the following activities

(a)

biological treatment;

(b)

physico-chemical treatment;

(c)

blending or mixing prior to submission to any of the other

activities listed in points 5.1 and 5.2;

(d) repackaging prior to submission to any of the other activities

listed in points 5.1 and 5.2;

(e)

solvent reclamation/regeneration;

(f)

recycling/reclamation of inorganic materials other than metals or

metal compounds;

(g)

regeneration of acids or bases;

(h)

recovery of components used for pollution abatement;

(i)

recovery of components from catalysts;

(j)

oil re-refining or other reuses of oil;

(k)

surface impoundment.

5.2. Disposal or recovery of waste in waste incineration plants or in waste

coincineration plants

(a)

for non-hazardous waste with a capacity exceeding 3 tonnes per

hour;

(b)

for hazardous waste with a capacity exceeding 10 tonnes per day.

5.3. (a)

Disposal of non-hazardous waste with a capacity exceeding 50

tonnes per day involving one or more of the following activities, and excluding

activities covered by the Urban Waste Water Treatment Regulations (S.L. 504.40)

(i)

biological treatment;

(ii)

physico-chemical treatment;

(iii)

pre-treatment of waste for incineration or co-incineration;

(iv)

treatment of slags and ashes;

(v) treatment in shredders of metal waste, including waste electrical

and electronic equipment and end-of-life vehicles and their components.

(b) Recovery, or a mix of recovery and disposal, of non-hazardous waste

with a capacity exceeding 75 tonnes per day involving one or more of the

following activities, and excluding activities covered by the Urban Waste Water

Treatment Regulations (S.L. 504.40)

(i)

biological treatment;

(ii)

pre-treatment of waste for incineration or co-incineration;

(iii)

treatment of slags and ashes;

(iv) treatment in shredders of metal waste, including waste electrical

and electronic equipment and end-of-life vehicles and their components.

When the only waste treatment activity carried out is anaerobic digestion, the

capacity threshold for this activity shall be 100 tonnes per day.

5.4. Landfills, as defined in the Waste Management (Landfill) Regulations

(S.L. 504.53) receiving more than 10 tonnes of waste per day or with a total

capacity exceeding 25,000 tonnes, excluding landfills of inert waste

5.5. Temporary storage of hazardous waste not covered under point 5.4

pending any of the activities listed in points 5.1, 5.2, 5.4 and 5.6 with a total

capacity exceeding 50 tonnes, excluding temporary storage, pending collection, on

the site where the waste is generated

5.6. Underground storage of hazardous waste with a total capacity exceeding

50 tonnes

6. Other activities

6.1. Production in industrial installations of

(a)

pulp from timber or other fibrous materials;

(b) paper or card board with a production capacity exceeding 20

tonnes per day;

(c)

one or more of the following wood-based panels: oriented strand

board, particleboard or fibreboard with a production capacity exceeding 600

m 3 per day.

6.2. Pre-treatment (operations such as washing, bleaching, mercerisation) or

dyeing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes

per day

6.3. Tanning of hides and skins where the treatment capacity exceeds 12

tonnes of finished products per day

6.4. (a)

Operating slaughterhouses with a carcass production capacity

greater than 50 tonnes per day

(b) Treatment and processing, other than exclusively packaging, of the

following raw materials, whether previously processed or unprocessed, intended

for the production of food or feed from

(i)

only animal raw materials (other than exclusively milk) with a

finished product production capacity greater than 75 tonnes per day;

(ii) only vegetable raw materials with a finished product production

capacity greater than 300 tonnes per day or 600 tonnes per day where the

installation operates for a period of no more than 90 consecutive days in any

year;

(iii) animal and vegetable raw materials, both in combined and

separate products, with a finished product production capacity in tonnes per

day greater than

-

75 if A is equal to 10 or more; or

-

[300- (22.5 x A)] in any other case

where "A" is the portion of animal material (in percent of weight) of the

finished product production capacity.

Packaging shall not be included in the final weight of the product.

This subsection shall not apply where the raw material is milk only.

(c) Treatment and processing of milk only, the quantity of milk received

being greater than 200 tonnes per day (average value on an annual basis).

6.5. Disposal or recycling of animal carcases or animal waste with a

treatment capacity exceeding 10 tonnes per day

6.6. Intensive rearing of poultry or pigs

(a)

with more than 40 000 places for poultry;

(b)

with more than 2 000 places for production pigs (over 30 kg), or

(c)

with more than 750 places for sows.

6.7. Surface treatment of substances, objects or products using organic

solvents, in particular for dressing, printing, coating, degreasing, waterproofing,

sizing, painting, cleaning or impregnating, with an organic solvent consumption

capacity of more than 150 kg per hour or more than 200 tonnes per year

6.8. Production of carbon (hard-burnt coal) or electrographite by means of

incineration or graphitisation

6.9. Capture of CO 2 streams from installations covered by this Schedule or

other regulations implementing the Industrial Emissions (Framework)

Regulations, for the purposes of geological storage pursuant to Directive 2009/31/

6.10. Preservation of wood and wood products with chemicals with a

production capacity exceeding 75 m 3 per day other than exclusively treating

against sapstain

6.11. Independently operated treatment of waste water not covered by Urban

Waste Water Treatment Regulations (S.L. 504.40) and discharged by an

installation listed in this Schedule.

(1) These regulations provide for the implementation in Scope.

part of Directive 2010/75/EU of the European Parliament and of the

Council of 24 November 2010 on Industrial Emissions (Integrated

Pollution Prevention and Control) (Recast).

(2) These regulations also provide for the implementation of L.N. 9 of 2013.

the Industrial Emissions (Framework) Regulations, 2013.

(3) These regulations lay down rules for the integrated

prevention and control of pollution arising from certain industrial

activities. They also lay down rules designed to prevent or, where that

is not practicable, to reduce emissions into air, water and land and to

prevent the generation of waste, in order to achieve a high level of

protection of the environment taken as a whole.

List of polluting substances

Air

1. Sulphur dioxide and other sulphur compounds

2. Oxides of nitrogen and other nitrogen compounds

3. Carbon monoxide

4. Volatile organic compounds

5. Metals and their compounds

6. Dust including fine particulate matter

7. Asbestos (suspended particulates, fibres)

8. Chlorine and its compounds

9. Fluorine and its compounds

10. Arsenic and its compounds

11. Cyanides

12. Substances and mixtures which have been proved to possess

carcinogenic or mutagenic properties or properties which may affect reproduction

via the air

13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans

Water

1. Organohalogen compounds and substances which may form such

compounds in the aquatic environment

2. Organophosphorus compounds

3. Organotin compounds

4. Substances and mixtures which have been proved to possess

carcinogenic or mutagenic properties or properties which may affect reproduction

in or via the aquatic environment

5. Persistent hydrocarbons and persistent and bioaccumulable organic

toxic substances

6. Cyanides

7. Metals and their compounds

8. Arsenic and its compounds

9. Biocides and plant protection products

10. Materials in suspension

11. Substances which contribute to eutrophication (in particular, nitrates

and phosphates)

12. Substances which have an unfavourable influence on the oxygen

balance (and can be measured using parameters such as BOD, COD, etc.)

13. Substances listed in Schedule X of the Water Policy Framework

Regulations (S.L. 423.20).

These regulations shall apply to the industrial activities set Industrial

out in Schedule 1 and, where applicable, reaching the capacity activities.

thresholds set out in that Schedule.

Criteria for determining best available techniques

1. The use of low-waste technology;

2. The use of less hazardous substances;

3. The furthering of recovery and recycling of substances generated and

used in the process and of waste, where appropriate;

4. Comparable processes, facilities or methods of operation which have

been tried with success on an industrial scale;

5. Technological advances and changes in scientific knowledge and

understanding;

6. The nature, effects and volume of the emissions concerned;

7. The commissioning dates for new or existing installations;

8. The length of time needed to introduce the best available technique;

9. The consumption and nature of raw materials (including water) used in

the process and energy efficiency;

10. The need to prevent or reduce to a minimum the overall impact of the

emissions on the environment and the risks to it;

11. The need to prevent accidents and to minimise the consequences for the

environment;

12. Information published by public international organisations.

The operator shall take all appropriate measures to operate General

principles

an installation in accordance with the following principles

governing the

basic

obligations of

(a)

all the appropriate preventive measures are taken

the operator.

against pollution;

(b)

the best available techniques are applied;

(c)

no significant pollution is caused;

(d) the generation of waste is prevented in accordance

with the Waste Regulations;

(e)

where waste is generated, it is, in order of priority

and in accordance with the Waste Regulations, prepared for re-

use, recycled, recovered or, where that is technically and

economically impossible, it is disposed of while avoiding or

reducing any impact on the environment;

(f)

energy is used efficiently;

(g) the necessary measures are taken to prevent

accidents and limit their consequences;

(h) the necessary measures are taken upon definitive

cessation of activities to avoid any risk of pollution and return

the site of operation to the satisfactory state defined in

accordance with regulation 16 of these regulations.

Public participation in decision making

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 the taking of a decision or, at the latest, as soon as the

information can reasonably be provided

(a)

the application for a permit or, as the case may be, the proposal

for the updating of a permit or of permit conditions in accordance with

regulation 13, including the description of the elements listed in regulation

5(1);

(b) where applicable, the fact that a decision is subject to a national

or transboundary environmental impact assessment or to consultations

between Member States in accordance with regulation 21;

(c)

details of the 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 or, where there is one, the draft

decision;

(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 means by which,

the relevant information will be made available;

(g) details of the arrangements for public participation and

consultation made pursuant to point 5.

2. The competent authority shall ensure that, within appropriate time

frames, the following is made available to the public concerned

(a)

in accordance with national law, the main reports and advice

issued to the competent authority or authorities at the time when the public

concerned were informed in accordance with point 1;

(b) in accordance with the Freedom of Access to Information on the

Environment Regulations (S.L. 504.65), information other than that referred

to in point 1 which is relevant for the decision in accordance with regulation

7 of the Industrial Emissions (Framework) Regulations and which only

becomes available after the time the public concerned was informed in

accordance with point 1.

3. The public concerned shall be entitled to express comments and

opinions to the competent authority before a decision is taken.

4. The results of the consultations held pursuant to this Schedule must be

taken into due account in the taking of a decision.

5. The arrangements for public consultation shall be as follows

(a)

The public consultation process shall be initiated through a notice

in at least one local newspaper and on the competent authority’s website.

(b) The timeframe for public consultation shall be thirty days for the

procedures described in regulation 18(1)(a) to (d) and shall be fifteen days in

all other cases where the competent authority deems consultation necessary,

provided that where the application for reconsideration of a permit in

accordance with regulation 18(1)(e) includes a request for a substantial

change, the timeframe for public consultation shall be thirty days.

(c)

During this period, the competent authority shall make available

to the public any relevant documentation, including any application and

supporting documentation submitted by the operator, on the competent

authority’s website and at the premises of the Local Council within which the

installation is located, to enable the public to comment on them.

(d) Any objections or representations by the public shall be made in

writing to the competent authority at the address indicated in the notice

initiating the public consultation.

(e)

The competent authority may also require the operator to

organise one or more public meetings as part of the public consultation

process.

(1) An application for a permit shall include a

description of the following

(a)

the installation and its activities;

(b) the raw and auxiliary materials, other substances

and the energy used in or generated by the installation;

(c)

the sources of emissions from the installation;

(d)

the conditions of the site of the installation;

(e)

where applicable, a baseline report in accordance

with regulation 16(2);

(f)

the nature and quantities of foreseeable emissions

from the installation into each medium as well as identification

of significant effects of the emissions on the environment;

(g) the proposed technology and other techniques for

preventing or, where this is not possible, reducing emissions

from the installation;

(h) measures for the prevention, preparation for reuse,

recycling and recovery of waste generated by the installation;

(i)

further measures planned to comply with the general

principles of the basic obligations of the operator as provided

for in regulation 4;

(j)

measures planned to monitor emissions into the

environment;

(k) the main alternatives to the proposed technology,

techniques and measures studied by the applicant in outline;

(l)

any other information required by the competent

authority.

(2) An application for a permit shall also include a non-

technical summary of the details referred to in sub-regulation (1).

(3) When submitting an application, the operator shall follow

the format prescribed by any application forms published by the

competent authority on its website, and shall comply with any

guidance documents published by the competent authority on its

website.

(4) Where information supplied in accordance with the

requirements provided for in the Environmental Impact Assessment S.L. 504.79

Regulations, or a safety report prepared in accordance with Control of S.L. 424.19

Major Accident Hazards Regulations, or other information produced

in response to other legislation fulfils any of the requirements of sub-

regulation (1), that information may be included in, or attached to, the

application.

Schedule of fees for new permits

Category of activity as per Schedule 1

Fee for new permit

1. Energy

industries,

excluding

combustion installations (1.1 below)

€35,000

1.1 Combustion installations

€5,500 with an addition of €550 for

every 10 MW (rated thermal input)

or part thereof

2. Production and processing of metals, €35,000 with an addition of €350

excluding installations for surface treatment for every tonne per day or part

of metals and plastic materials (2.6 below) thereof of processed material

2.6 Installations for surface treatment of €5,000 with €500 for every 10m 3

metals and plastic materials

treatment vat capacity or part

thereof

3. Mineral industry

€25,000 with an addition of €250

for every tonne per day or part

thereof of processed material

4. Chemical

industry,

excluding €5,000 with €500 for every ton per

installations for the production of day plant production capacity or

pharmaceutical products (4.5 below)

part thereof, capped at €20,000

4.5 Installations using a chemical or

biological process for the production of

pharmaceutical

products

including

intermediates

€15,000

5. Waste management installations

5.1 Disposal or recovery of hazardous €20,000 for disposal operations

waste

€10,000 for recovery operations

5.2 Disposal or recovery of waste in waste €10,000 for incineration of only

incineration

plants

or

in

waste non-hazardous waste

coincineration plants

€20,000 in all other cases

5.3 Disposal or recovery of non-hazardous

waste, excluding point (b)(i)(iv) below

€10,000

5.3 (b)(i)(iv) Recovery or a mix of recovery

and disposal of non-hazardous waste

involving treatment in shredders of metal

waste, including waste electrical and

electronic equipment and end-of-life

vehicles and their components

€5,000

€20,000 for every 500,000 m 3

5.4 Landfills

capacity or part thereof

5.5 Temporary storage of hazardous waste €10,000

Category of activity as per Schedule 1

Fee for new permit

5.6 Underground storage of hazardous

waste

€10,000

6. Other activities, excluding intensive

rearing of poultry or pigs (6.6 below)

€15,000

6.6 Intensive rearing of poultry or pigs

€230

€3.24

In determining whether to grant or refuse the permit to an Criteria for

applicant, the competent authority shall take into account the assessing

applicant’s

applicant’s suitability to undertake the proposed activity, having suitability.

regard to, as the case may be

(a)

his record of compliance with these regulations and

with the Industrial Emissions (Framework) Regulations, 2013; L.N. 9 of 2013.

(b) his financial capacity to comply with all obligations

and liabilities that will or may arise from the proposed activity

under these regulations, or his ability to offer such financial

security as the competent authority may require;

(c)

his qualifications, experience and technical

competence, as well as those of his employees, to carry out the

proposed activity safely and with minimum risk to human

health and the environment, and to abide by any conditions set

in relation thereto by the competent authority.

(1)

The competent authority shall ensure that the permit Permit

conditions.

includes all measures necessary for compliance with the requirements

of regulations 4 and 11. Those measures shall include at least the

following

(a)

emission limit values for polluting substances listed

in Schedule 2, and for other polluting substances, which are

likely to be emitted from the installation concerned in

significant quantities, having regard to their nature and their

potential to transfer pollution from one medium to another;

(b) appropriate requirements ensuring protection of the

soil and groundwater and measures concerning the monitoring

and management of waste generated by the installation;

(c)

suitable

emission

monitoring

requirements

specifying

(i) measurement methodology, frequency and

evaluation procedure; and

(ii) where the provisions of regulation 8(3)(b) are

applicable, that results of emission monitoring are

available for the same periods of time and reference

conditions as for the emission levels associated with the

best available techniques;

(d) an obligation to supply the competent authority

regularly, and at least annually, with

(i) information on the basis of results of

emission monitoring referred to in paragraph (c) and other

required data that enables the competent authority to verify

compliance with the permit conditions; and

(ii) where the provisions of regulation 8(3)(b) are

applicable, a summary of the results of emission

monitoring which allows a comparison with the emission

levels associated with the best available techniques

Provided that the competent authority may specify the

format of this reporting and timeframes for its submission;

(e)

appropriate

requirements

for

the

regular

maintenance and surveillance of measures taken to prevent

emissions to soil and groundwater pursuant to paragraph (b) and

appropriate requirements concerning the periodic monitoring of

soil and groundwater in relation to relevant hazardous

substances likely to be found on site and having regard to the

possibility of soil and groundwater contamination at the site of

the installation;

(f)

measures relating to conditions other than normal

operating conditions such as start-up and shut-down operations,

leaks, malfunctions, momentary stoppages and definitive

cessation of operations;

(g) provisions on the minimisation of long-distance or

transboundary pollution;

(h) conditions for assessing compliance with the

emission limit values or a reference to the applicable

requirements specified elsewhere.

(2) For the purpose of sub-regulation (1)(a), emission limit

values may be supplemented or replaced by equivalent parameters or

technical measures ensuring an equivalent level of environmental

protection.

(3) BAT conclusions shall be the reference for setting the

permit conditions.

(4) Without prejudice to regulation 11, the competent

authority may set stricter permit conditions than those achievable by

the use of the best available techniques as described in the BAT

conclusions. The competent authority may establish guidance under

which it may set such stricter conditions.

(5) Where the competent authority sets permit conditions on

the basis of a best available technique not described in any of the

relevant BAT conclusions, it shall ensure that

(a)

that technique is determined by giving special

consideration to the criteria listed in Schedule 3; and

(b)

the requirements of regulation 8 are complied with.

Where the BAT conclusions referred to in paragraph (a) do not

contain emission levels associated with the best available techniques,

the competent authority shall ensure that the technique referred to in

paragraph (a) ensures a level of environmental protection equivalent

to the best available techniques described in the BAT conclusions.

(6) Where an activity or a type of production process carried

out within an installation is not covered by any of the BAT

conclusions or where those conclusions do not address all the

potential environmental effects of the activity or process, the

competent authority shall, after prior consultations with the operator,

set the permit conditions on the basis of the best available techniques

that it has determined for the activities or processes concerned, by

giving special consideration to the criteria listed in Schedule 3.

(7) For installations referred to in point 6.6 of Schedule 1, sub-

regulations (1) to (6) shall apply without prejudice to the legislation

relating to animal welfare.

(1) The emission limit values for polluting substances

shall apply at the point where the emissions leave the installation, and

any dilution prior to that point shall be disregarded when determining

those values.

With regard to indirect releases of polluting substances into

water, the effect of a water treatment plant may be taken into account

when determining the emission limit values of the installation

concerned, provided that an equivalent level of protection of the

environment as a whole is guaranteed and provided this does not lead

to higher levels of pollution in the environment.

(2) Without prejudice to regulation 11, the emission limit

values and the equivalent parameters and technical measures referred

to in regulation 7(1) and (2) shall be based on the best available

techniques, without prescribing the use of any technique or specific

technology.

(3) The competent authority shall set emission limit values

that ensure that, under normal operating conditions, emissions do not

exceed the emission levels associated with the best available

techniques as laid down in the decisions on BAT conclusions referred

to in Article 13(5) of Directive 2010/75/EU of the European

Parliament and of the Council of 24 November 2010 on industrial

emissions (integrated pollution prevention and control) through either

of the following

(a)

setting emission limit values that do not exceed the

emission levels associated with the best available techniques.

Those emission limit values shall be expressed for the same or

shorter periods of time and under the same reference conditions

as those emission levels associated with the best available

techniques; or

(b) setting different emission limit values than those

referred to under paragraph (a) in terms of values, periods of

time and reference conditions.

Where paragraph (b) is applicable, the competent authority

shall, at least annually, assess the results of emission monitoring in

order to ensure that emissions under normal operating conditions

have not exceeded the emission levels associated with the best

available techniques.

(4) By way of derogation from sub-regulation (3), and without

prejudice to regulation 11, the competent authority may, in specific

cases, set less strict emission limit values. Such a derogation may

apply only where an assessment shows that the achievement of

emission levels associated with the best available techniques as

described in BAT conclusions would lead to disproportionately higher

costs compared to the environmental benefits due to

(a)

the geographical location or the local environmental

conditions of the installation concerned; or

(b) the technical characteristics of the installation

concerned.

The competent authority shall document in an annex to the

permit conditions the reasons for the application of paragraph (a)

including the result of the assessment and the justification for the

conditions imposed.

The emission limit values set in accordance with paragraph (a)

shall, however, not exceed the emission limit values set out in the

Schedule to the Industrial Emissions (Framework) Regulations, 2013,

where applicable.

The competent authority shall in any case ensure that no

significant pollution is caused and that a high level of protection of

the environment as a whole is achieved.

In the application of this sub-regulation, the competent authority

shall take into account any guidance published by the European

Commission on the criteria to be taken into account for the

application of this sub-regulation.

The competent authority shall re-assess the application of this

sub-regulation as part of each reconsideration of the permit

conditions pursuant to regulation 15.

(5) The competent authority may grant temporary derogations

from the requirements of sub-regulations (2) and (3), and from

regulation 4(a) and (b) for the testing and use of emerging techniques

for a total period of time not exceeding nine months, provided that

after the period specified, either the technique is stopped or the

activity achieves at least the emission levels associated with the best

available techniques.

(6) Pending the adoption of a relevant decision on BAT

conclusions referred to in Article 13(5) of Directive 2010/75/EU of

the European Parliament and of the Council on industrial emissions,

the conclusions on best available techniques from BAT reference

documents adopted by the European Commission prior to 6 January

2011 shall apply as BAT conclusions for the purposes of these

regulations except for sub-regulations (3) and (4).

(1) The monitoring requirements referred to in

regulation 7(1)(c) shall, where applicable, be based on the

conclusions on monitoring as described in the BAT conclusions.

(2) The frequency of the periodic monitoring referred to in

regulation 7(1)(e) shall be determined by the competent authority in a

permit for each individual installation or in general binding rules.

(3) Without prejudice to the provisions of sub-regulation (2),

periodic monitoring shall be carried out at least once every five years

for groundwater and ten years for soil, unless such monitoring is

based on a systematic appraisal of the risk of contamination.

(1) When adopting general binding rules, the competent

authority shall ensure an integrated approach and a high level of

environmental protection equivalent to that achievable with

individual permit conditions.

(2) General binding rules shall be based on the best available

techniques, without prescribing the use of any technique or specific

technology in order to ensure compliance with regulations 7 and 8.

(3) The competent authority shall ensure that general binding

rules are updated to take into account developments in best available

techniques and in order to ensure compliance with regulation 15.

(4) General binding rules adopted in accordance with sub-

regulations (1) to (3) shall contain a reference to Directive 2010/75/

EU of the European Parliament and of the Council of 24 November

2010 on Industrial Emissions (Integrated Pollution Prevention and

Control) (Recast), or be accompanied by such a reference on the

occasion of their official publication.

Where an environmental quality standard requires stricter

conditions than those achievable by the use of the best available

techniques, the competent authority shall include additional measures

in the permit, without prejudice to other measures which may be

taken to comply with environmental quality standards.

The competent authority shall follow developments in best Developments

available techniques and the publication of any new or updated BAT in

techniques.

conclusions and shall make that information available to the public

concerned.

(1) The operator shall inform the competent authority of Changes by

any planned change in the nature or functioning, or an extension of operators

installations.

the installation which may have consequences for the environment.

Where appropriate, the competent authority shall update the permit.

(2) No substantial change planned by the operator shall be

made without a permit granted in accordance with these regulations.

The application for a permit and the decision by the competent

authority shall cover those parts of the installation and those details

listed in regulation 5 which may be affected by the substantial

change.

(3) Any change in the nature or functioning or an extension of

an installation shall be deemed to be substantial if the change or

extension in itself reaches the capacity thresholds set out in Schedule

1.

A permit shall not be transferred from one operator to Transfer of

another unless the approval of the competent authority has been permit.

sought and granted.

(1) Permits shall be valid for such a time as the Reconsideration

competent authority may specify, provided that where the operator and

permit

has submitted all the information necessary for the purpose of conditions

the competent

reconsidering permit conditions within the timeframe specified by the authority.

competent authority pursuant to sub-regulation (3), the validity of the

permit shall be extended until such a time as the competent authority

decides on the reconsideration of the permit conditions.

(2) The competent authority shall periodically reconsider, in

accordance with sub-regulations (3) to (6), all permit conditions and,

where necessary to ensure compliance with these regulations, update

those conditions.

(3) Prior to the expiry of the permit or at the request of the

competent authority, the operator shall submit all the information

necessary for the purpose of reconsidering the permit conditions,

including, in particular, results of emission monitoring and other data,

that enables a comparison of the operation of the installation with the

best available techniques described in the applicable BAT

conclusions and with the emission levels associated with the best

available techniques, and any other additional information requested

by the competent authority. The operator shall submit this

information according to the timeframe specified by the competent

authority.

When reconsidering permit conditions, the competent authority

shall use any information resulting from monitoring or inspections.

(4) Within four years of publication of decisions on BAT

conclusions in accordance with Article 13(5) of Directive 2010/75/

EU of the European Parliament and of the Council on industrial

emissions relating to the main activity of an installation, the

competent authority shall ensure that

(a)

all the permit conditions for the installation

concerned are reconsidered and, if necessary, updated to ensure

compliance with these regulations, in particular, with regulation

8(3) and (4), where applicable;

(b) the

installation

complies

with

those

permit

conditions.

The reconsideration shall take into account all the new or

updated BAT conclusions applicable to the installation and adopted in

accordance with Article 13(5) of Directive 2010/75/EU since the

permit was granted or last reconsidered.

(5) Where an installation is not covered by any of the BAT

conclusions, the permit conditions shall be reconsidered and, if

necessary, updated where developments in the best available

techniques allow for the significant reduction of emissions.

(6) The permit conditions shall be reconsidered and, where

necessary, updated at least in the following cases

(a)

where the pollution caused by the installation is of

such significance that the existing emission limit values of the

permit need to be revised or new such values need to be

included in the permit;

(b) where the

operational

safety

requires

other

techniques to be used;

(c)

where it is necessary to comply with a new or

revised environmental quality standard in accordance with

regulation 11;

(d)

where the validity of a permit has elapsed.

(1) Without prejudice to the Water Policy Framework Site closure.

Regulations, the Prevention and Remedying of Environmental S.L.

Damage Regulations, and the Protection of Groundwater Against S.L. 423.36

Pollution and Deterioration Regulations, and to relevant national or

European Union legislation on soil protection, the competent

authority shall set permit conditions to ensure compliance with sub-

regulations (3) and (4) upon definitive cessation of activities.

(2) Where the activity involves the use, production or release

of relevant hazardous substances and having regard to the possibility

of soil and groundwater contamination at the site of the installation,

the operator shall prepare and submit to the competent authority a

baseline report before starting operation of an installation or before a

permit for an installation is updated for the first time after 7 January

2013. The baseline report shall contain the information necessary to

determine the state of soil and groundwater contamination so as to

make a quantified comparison with the state upon definitive cessation

of activities provided for under sub-regulation (3).

The baseline report shall contain at least the following

information

(a)

information on the present use and, where available,

on past uses of the site;

(b) where available, existing information on soil and

groundwater measurements that reflect the state at the time the

report is drawn up or, alternatively, new soil and groundwater

measurements having regard to the possibility of soil and

groundwater contamination by those hazardous substances to be

used, produced or released by the installation concerned.

Where information produced pursuant to other national or

European Union law fulfils the requirements of this sub-regulation,

that information may be included in, or attached to, the submitted

baseline report.

In the preparation of the baseline report, the operator shall take

into account any guidance published by the European Commission on

the content of the baseline report.

(3) (a)

Upon definitive cessation of the activities, the

operator shall assess the state of soil and groundwater contamination

by relevant hazardous substances used, produced or released by the

installation. Where the installation has caused significant pollution of

soil or groundwater by relevant hazardous substances compared to

the state established in the baseline report referred to in sub-

regulation (2), the operator shall take the necessary measures to

address that pollution so as to return the site to that state. For that

purpose, the technical feasibility of such measures may be taken into

account.

(b) Without prejudice to paragraph (a), upon definitive

cessation of the activities, and where the contamination of soil and

groundwater at the site poses a significant risk to human health or the

environment as a result of the permitted activities carried out by the

operator before the permit for the installation is updated for the first

time after 7 January 2013 and taking into account the conditions of

the site of the installation established in accordance with regulation

5(1)(d), the operator shall take the necessary actions aimed at the

removal, control, containment or reduction of relevant hazardous

substances, so that the site, taking into account its current or approved

future use, ceases to pose such a risk.

(4) Where the operator is not required to prepare a baseline

report referred to in sub-regulation (2), the operator shall, upon

definitive cessation of the activities, take the necessary actions aimed

at the removal, control, containment or reduction of relevant

hazardous substances, so that the site, taking into account its current

or approved future use, ceases to pose any significant risk to human

health or the environment due to the contamination of soil and

groundwater as a result of the permitted activities and taking into

account the conditions of the site of the installation established in

accordance with regulation 5(1)(d).

(1) The competent authority shall set up a system of

environmental inspections of installations addressing the examination

of the full range of relevant environmental effects from the

installations concerned.

Operators shall afford the competent authority and any other

authorities having competence in accordance with regulation 19 all

necessary assistance to enable officials of these authorities to carry

out any site visits, to take samples and to gather any information

necessary for the performance of their duties for the purposes of these

regulations.

(2) The competent authority shall ensure that all installations

are covered by an environmental inspection plan at national, regional

or local level and shall ensure that this plan is regularly reviewed and,

where appropriate, updated.

(3) Each environmental inspection plan shall include the

following

(a)

a general

assessment

of

relevant

significant

environmental issues;

(b)

the geographical area covered by the inspection

plan;

(c)

a register of the installations covered by the plan;

(d) procedures for drawing up programmes for routine

environmental inspections pursuant to sub-regulation (4);

(e)

procedures

for

non-routine

environmental

inspections pursuant to sub-regulation (5);

(f)

where necessary, provisions on the co-operation

between different inspection authorities, in particular the

authorities identified in regulation 19.

(4) Based on the inspection plans, the competent authority

shall regularly draw up programmes for routine environmental

inspections, including the frequency of site visits for different types

of installations.

The period between two site visits shall be based on a

systematic appraisal of the environmental risks of the installations

concerned and shall not exceed one year for installations posing the

highest risks and three years for installations posing the lowest risks.

If an inspection has identified an important case of non-

compliance with the permit conditions, an additional site visit shall be

carried out within six months of that inspection.

The systematic appraisal of the environmental risks shall be

based on at least the following criteria

(a)

the potential and actual impacts of the installations

concerned on human health and the environment taking into

account the levels and types of emissions, the sensitivity of the

local environment and the risk of accidents;

(b)

the record of compliance with permit conditions;

(c)

the participation of the operator in the European

Union eco-management and audit scheme (EMAS), pursuant to

Regulation (EC) No 1221/2009.

The competent authority shall take into account any guidance

adopted by the European Commission on the criteria for the appraisal

of environmental risks.

(5) The competent authority shall carry out non-routine

environmental inspections to investigate serious environmental

complaints, serious environmental accidents, incidents and

occurrences of non-compliance as soon as possible and, where

appropriate, before the granting, reconsideration or update of a

permit.

(6) Following each site visit, the competent authority shall

prepare a report describing the relevant findings regarding

compliance of the installation with the permit conditions and

conclusions on whether any further action is necessary.

The report shall be notified to the operator concerned within two

months of the site visit taking place. The report shall be made

publicly available by the competent authority in accordance with the

Freedom of Access to Information on the Environment Regulations,

within four months of the site visit taking place.

Without prejudice to regulation 10(2) and (3) of the Industrial

Emissions (Framework) Regulations, the competent authority shall

ensure that the operator takes all the necessary actions identified in

the report within a reasonable period.

(1) The competent authority shall ensure that the public

concerned are given early and effective opportunities to participate in

the following procedures

(a)

the granting of a permit for new installations;

(b)

the granting of a permit for any substantial change;

(c)

the granting or updating of a permit for an

installation where the application of regulation 8(4) is proposed;

(d) the updating of a permit or permit conditions for an

installation in accordance with regulation 15(6)(a);

(e)

the updating of a permit or permit conditions for an

installation in accordance with regulation 15(3).

The procedure set out in Schedule 4 shall apply to such

participation.

(2) When a decision on granting, reconsideration or updating

of a permit has been taken, the competent authority shall make

available to the public, including via the internet in relation to

paragraphs (a), (b) and (f), the following information

(a)

the content of the decision, including a copy of the

permit and any subsequent updates;

(b)

the reasons on which the decision is based;

(c)

the results of the consultations held before the

decision was taken and an explanation of how they were taken

into account in that decision;

(d) the title of the BAT reference documents relevant to

the installation or activity concerned;

(e)

how the permit conditions referred to in regulation

7, including the emission limit values, have been determined in

relation to the best available techniques and emission levels

associated with the best available techniques;

(f)

where a derogation is granted in accordance with

regulation 8(4), the specific reasons for that derogation based on

the criteria laid down in that sub-regulation and the conditions

imposed.

(3) The competent authority shall also make available to the

public, including via the internet at least in relation to paragraph (a)

(a)

relevant information on the measures taken by the

operator upon definitive cessation of activities in accordance

with regulation 16;

(b) the results of emission monitoring as required under

the permit conditions and held by the competent authority.

(4) Sub-regulations (1), (2) and (3) shall apply subject to the

restrictions laid down in regulation 7(1) and (2) of the Freedom of S.L. 504.65

Access to Information on the Environment Regulations.

(1) In case of applications where the competent Coordination

authority considers that other authorities also have competence in any with

competent

of the proposed activities, the competent authority shall

authorities.

(a)

notify these authorities of applications according to

their area of competence;

(b)

submit to these authorities an electronic copy of the

application submitted by the operator for their review;

(c)

invite these authorities to propose conditions

regarding their area of competence for inclusion in the permit.

Where the conditions stipulated in the permit drafted by the

Malta Environment and Planning Authority and the conditions

proposed by other authorities are in conflict, the Malta Environment

and Planning Authority shall seek to resolve this conflict at the

earliest opportunity.

Where there is sustained and justified objection against the

granting of a permit for a particular installation by an authority

deemed as having competence, the Malta Environment and Planning

Authority shall not grant a permit until this objection is lifted by the

authority making the objection

Provided that where the Malta Environment and Planning

Authority does not receive any objection from other authorities

within the stipulated time-frame, those other authorities shall be

deemed to have no objection to the issue of the permit

Provided also that the responsibility for enforcing conditions

required by other authorities shall rest with those authorities.

(2) The following authorities shall be considered as also

having competence with regard to the application of subregulation

(1)

(a)

the Malta Resources Authority in relation to all

activities in Schedule 1;

(b) the Agriculture and Fisheries Department in relation

to activities 6.4, 6.5 and 6.6 in Schedule 1, and any activity for

the disposal or recovery of animal by-products;

(c)

the Directorate of Agriculture within the Ministry

for Resources and Rural Affairs in relation to activity 6.6 in

Schedule 1;

(d) the Malta Competition and Consumer Affairs

Authority in relation to activities 1.2, 1.3, 2.1, 2.5, 2.6, 3.1, 3.2,

3.3, 3.4, 4, 6.7 and 6.10 in Schedule 1;

(e)

the Civil Protection Department in relation to all

activities in Schedule 1;

(f)

the Environmental Health Directorate in relation to

all activities in Schedule 1;

(g) the Authority for Transport in Malta in relation to

activities involving release of trade effluent into ports;

(h) the Occupational Health and Safety Authority in

relation to activities covered by the Control of Major Accident S.L. 424.19

Hazards Regulations.

(1) Members of the public concerned having sufficient Access to

interest shall have access to a review procedure before the justice.

Environment and Planning Review Tribunal to challenge the

substantive or procedural legality of decisions, acts or omissions

subject to regulation 18.

(2) An appeal may be lodged before the Tribunal within thirty

days following a decision being made on the granting,

reconsideration or updating of a permit.

(3) For the purposes of sub-regulation (1), the interest of any

non-governmental organisation promoting environmental protection

and meeting any requirements under national law shall be deemed

sufficient.

(4) Articles 40 and 41 of the Environment and Development Cap. 504.

Planning Act, shall apply to this procedure.

(5) The competent authority shall ensure that practical

information is made available to the public on access to

administrative and judicial review procedures.

(1) Where the competent authority is aware that the Transboundary

operation of an installation is likely to have significant negative effects.

effects on the environment of another European Union Member State,

or where a European Union Member State which is likely to be

significantly affected so requests, the competent authority shall

forward to the Member State any information required to be given or

made available pursuant to Schedule 4 at the same time as it makes it

available to the public.

Such information shall serve as a basis for any consultations

necessary in the framework of the bilateral relations between Malta

and the other Member State on a reciprocal and equivalent basis.

(2) The competent authority shall ensure that in the cases

referred to in sub-regulation (1), the applications are also made

available for an appropriate period of time to the public of the

Member State likely to be affected so that it will have the right to

comment on them before the competent authority reaches its decision.

(3) The results of any consultations pursuant to sub-

regulations (1) and (2) shall be taken into consideration when the

competent authority reaches a decision on the application.

(4) The competent authority shall inform any Member State

which has been consulted pursuant to sub-regulation (1) of the

decision reached on the application and shall forward to it the

information referred to in regulation 18(2). That Member State shall

take the measures necessary to ensure that that information is made

available in an appropriate manner to the public concerned in its own

territory.

(1) The competent authority shall, where appropriate,

encourage the development and application of emerging techniques,

in particular for those emerging techniques identified in BAT

reference documents.

(2) In the application of sub-regulation (1), the competent

authority shall take into account any guidance published by the

European Commission to assist Member States in encouraging the

development and application of emerging techniques as referred to in

sub-regulation (1).

(1) The competent authority shall charge fees in respect

of applications (including for the variation, transfer, renewal or

surrender thereof).

(2) The competent authority shall not process any application

or render any other service if the fees relative to a previous permit or

service given to the same person or in respect of an installation or any

technically connected installation have not been paid in full.

(3) The competent authority shall not process any application

or render any other service if not accompanied with the fees

stipulated in these regulations.

(1) An application fee for any new permit, variation,

transfer, renewal or surrender thereof, shall be paid to the competent

authority on submission of the application.

(2) The fees for new permits stipulated in Schedule 5 shall

apply.

(3) Where an operator applies to transfer ownership of a

permit or for a variation to a permit, a fee of 10% of the application

fee in Schedule 5 shall be paid to the competent authority. The fee for

a variation shall not be payable if the variation is imposed by the

competent authority and not requested by the operator.

(4) Where an operator applies for a renewal of a permit, a fee

of 50% of the application fee in Schedule 5 shall be paid to the

competent authority.

(5) Where an operator applies for the surrender of a permit, a

fee of 25% of the application fee in Schedule 5 shall be paid to the

competent authority.

(6) An annual fee of 10% of the application fee in Schedule 5

shall be paid to the competent authority on the anniversary of the date

of issue of the permit. Installations having environmental

management certification recognised by the Malta Competition and

Consumer Affairs Authority shall pay a reduced annual fee of 5%.

(7) All inspection costs, whether for scheduled or additional

inspections, shall be paid by the operator to the competent authority

at a standard rate of two hundred euro (€200) per inspection. Such

inspection costs shall be added to the annual fee.

(8) The competent authority may engage consultancy services

to obtain specialised expertise on specific applications (including the

variation, transfer, renewal or surrender thereof), to obtain assistance

in carrying out compliance audits (including monitoring and, or

analysis of samples) and to carry out enforcement of specific permits.

The cost of the consultancy services will be communicated to the

applicant prior to the consultancy services being engaged and will be

borne by the applicant.

(9) In cases where an application for a permit (or variation,

transfer, renewal or surrender thereof) is withdrawn by the applicant

within ten working days of submission, 50% of the fees paid shall be

refunded. No refund shall be granted after ten working days of

submission. No refund shall be granted in respect of consultancy fees

as specified in sub-regulation (8).

(10) In the case where an application for a permit (or variation,

transfer, renewal or surrender thereof) is refused by the competent

authority, the fees paid shall not be refunded.

(11) With regard to pending applications submitted before the

coming into force of these regulations, the fees in accordance with

these regulations shall be payable prior to issue of the permit, and in

respect of permitted installations, fees for variation, renewal, transfer,

surrender and annual fees shall be due prior to the next variation,

renewal, transfer, surrender or anniversary of the permit, respectively.

The competent authority may also require the provision by

the operator of a suitable financial guarantee to be made in favour of

the competent authority to secure the obligations under the permit or

registration, before the permit or registration is issued. The financial

guarantee may also be tied to specific requirements in the permit.

Any person shall be guilty of an offence under these

regulations if

(a)

he fails to comply with any provision of these

regulations or fails to comply with permit conditions or with

any order lawfully given in terms of any provision of these

regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c)

he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling

or procurement to contravene the provisions or to fail to comply

with any such provisions, including any order lawfully given in

terms of any of the provisions of these regulations, or to

contravene any restriction, prohibition or requirement imposed

by or under the said regulations.

Any person who commits an offence under these

regulations shall, on conviction, be liable

(a)

on a first conviction to a fine (multa) of not less than

twenty-three thousand euro (€23,000.00) and not greater than

two hundred and thirty three thousand euro (€233,000.00) or to

imprisonment for a term not exceeding two years, or to both

such fine and imprisonment;

(b) on a second or subsequent convictions, to a fine

(multa) of not less than forty-six thousand euro (€46,000.00)

and not greater than four hundred and sixty six thousand euro

(€466,000.00) or to imprisonment for a term not exceeding two

years, or to both such fine and imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a vehicle,

the owner of the said vehicle, where applicable, is held liable in the

same manner and degree

Provided further that the court shall order any person who has

been found guilty of committing an offence against these regulations

to pay for the expenses incurred by the competent authority as a result

of the said offence, the revocation of the permit issued by the

competent authority and the confiscation of the corpus delicti,

including the vehicle, if applicable.

(1) The provisions of articles 23 and 30(1) of the Applicability of

Criminal Code shall, mutatis mutandis, apply to proceedings in the

Code.

respect of offences against these regulations, so however that the Cap. 9.

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations Cap. 9.

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo) as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the Cap. 9.

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of

proceedings for any offence against these regulations.

(1) The Integrated Pollution Prevention and Control Revocation of

Regulations, hereinafter referred to as the "revoked regulations", shall Integrated

Pollution

be revoked with effect from the 7th January, 2014.

Prevention and

Control

Regulations.

(2) References to the revoked regulations shall be construed as L.N.

2002. references to these regulations.

(1) The provisions of these regulations shall apply from Existing

the 7th January, 2014 to installations carrying out the activities installations

covered by the

referred to in Schedule 1 of the revoked regulations, which are in revoked

regulations.

operation and hold a permit before 7th January 2013, or the operators

of which have submitted a complete application for a permit before

that date, provided that those installations are put into operation no

later than 7 January 2014. Without prejudice to regulation 15(1),

permits issued under the revoked regulations shall be construed as

valid until their term of expiry or until superseded by a permit issued

under these regulations.

(2) The provisions of these regulations shall apply from 7 July

2015 for installations carrying out the activities referred to in

Schedule 1 which are not covered by sub-regulation (1), and which

are in operation before 7 January 2013. Such installations shall apply

to the competent authority for a permit by 7 July 2013 at the latest.