Regulations, 2015

L.N. 291 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

TERRITORIAL WATERS AND CONTIGUOUS ZONE ACT

(CAP. 226)

CONTINENTAL SHELF ACT

(CAP. 535)

Geological Storage of Carbon Dioxide (Amendment)

Regulations, 2015

IN exercise of the powers conferred by articles 2, 8, 61, 64 and

66, of the Environment and Development Planning Act, by article

28(1) of the Malta Resources Authority Act, by articles 3(2), 4 and

7(1) of the Territorial Waters and Contiguous Zone Act, and by article

4 of the Continental Shelf Act, Minister for Sustainable Development,

the Environment and Climate Change, the Minister for Energy and

Health, and the Minister for Transport and Infrastructure, after

consultation with the Malta Resources Authority and the Malta

Environment and Planning Authority, have made the following

regulations:-

The title of these regulations is the Geological Storage of Citation.

Carbon Dioxide (Amendment) Regulations, 2015, and these

regulations shall be read and construed as one with the Geological S.L. 504.109

Storage of Carbon Dioxide Regulations, hereinafter referred to as "the

principal regulations".

In sub-regulation (2) of regulation 3 of the principal Amends

regulations, for the definition "waste" there shall be substituted the regulation

the principal

following definition

regulations.

" "waste” shall have the same meaning as

in the Waste Regulations;".

Regulation 17 of the principal regulations shall be Amends

regulation 17 of

amended as follows

the principal

regulations.

(a) in sub-regulation (2) thereof, for the words

"regulations 6 and 7 of the Prevention and Remedying of

Environmental Damage Regulations" there shall be substituted

the words "regulations 6, 7, 8 and 9 of the Prevention and

Remedying of Environmental Damage Regulations"; and

(b) immediately after sub-regulation (4) thereof, there

shall be added the following new sub-regulation

"(5) The competent authority shall recover from

the operator the costs incurred in relation to the measures

referred to in sub-regulation (4), including by drawing on

the financial security pursuant to regulation 19.".

Immediately after regulation 21 of the principal

regulations, there shall be added the following new regulations

" Access to

(1)

The competent authority shall

transport

take the necessary measures to ensure that

networks and

potential users are able to obtain access to

storage sites.

transport networks and to storage sites for the

purpose of geological storage of the produced

and captured CO 2 , in accordance with sub-

regulations (2), (3) and (4).

(2) The access referred to in sub-

regulation (1) shall be provided in a transparent

and non-discriminatory manner determined by

the competent authority. The competent

authority shall apply the objectives of fair and

open access, taking into account

(a)

the storage capacity which is or

can reasonably be made available within

the areas determined under regulation 4,

and the transport capacity which is or can

reasonably be made available;

(b) the proportion of the national

CO 2 reduction obligations pursuant to

international legal instruments and to

Community legislation that Malta intends

to meet through capture and geological

storage of CO 2 ;

(c)

the need to refuse access where

there is an incompatibility of technical

specifications which cannot be reasonably

overcome;

(d) the need to respect the duly

substantiated reasonable needs of the

owner or operator of the storage site or of

the transport network and the interests of

all other users of the storage or the network

or relevant processing or handling

facilities who may be affected.

(3) Transport network operators and

operators of storage sites may refuse access on

the grounds of lack of capacity. Duly

substantiated reasons shall be given for any

refusal.

(4) The competent authority shall take

the necessary measures to ensure that the

operator refusing access on the grounds of lack

of capacity or a lack of connection makes any

necessary enhancements as far as it is economic

to do so or when a potential customer is willing

to pay for them

Provided this shall not negatively

impact on the environmental security of

transport and geological storage of CO 2 .

(1)

The Prime Minister shall

Designation of

independent

designate an independent authority for the

authority.

purpose of these regulations and Directive 2009/

31/EC, and such independent authority shall

have access to all relevant information, in order

to settle expeditiously all disputes relating to

access to transport networks and storage sites,

taking into account the criteria referred to in

regulation 21A(2) and the number of parties

which may be involved in negotiating such

access.

(2) In the event of cross-border disputes,

the dispute settlement arrangement referred to in

sub-regulation (1) shall be applied when Malta

has jurisdiction over the transport networks or

the storage site to which access has been

refused. Where, in cross-border disputes, more

than one Member State covers the transport

network or storage site concerned, the competent

authority shall consult with its counterparts in

the Member States concerned with a view to

ensuring the consistent application of Directive

2009/31/EC.".

5. For the words "European Community Greenhouse Gas General

Emissions Trading Scheme Regulations" wherever they appear in the amendment.

principal regulations, there shall be substituted the words "European

Union Greenhouse Gas Emissions Trading Scheme for Stationary

Installations Regulations".

€0.36