MT
Environmental Impact Assessment Regulations, 2017
Table of Provisions (45)
Statutory Text (45 Articles)
L.N. 412 of 2017
ENVIRONMENT PROTECTION ACT
(Cap. 549)
Environmental Impact Assessment Regulations, 2017
IN EXERCISE of the powers conferred by articles 54 and 55 of
the Environment Protection Act, the Minister responsible for the
Environment, Sustainable Development and Climate Change, in
consultation with the Environment and Resources Authority, has made
the following regulations:-
PART I
INTERPRETATION AND ADMINISTRATION
(1)
The title of these regulations is the Environmental
Impact Assessment Regulations, 2017.
(2) These regulations transpose and implement the provisions
(a)
Directive 2011/92/EU of the European Parliament
and of the Council of 13 December 2011 on the assessment of
the effects of certain public and private projects on the
environment (codification), as amended by Directive 2014/52/
EU of the European Parliament and of the Council of 16 April
2014;
(b)
the Convention on Environmental Impact
Assessment in a Transboundary Context (Espoo Convention) of
the United Nations Economic Commission for Europe, and its
First and Second Amendments; and
(c)
the provisions of Regulation (EU) No. 347/2013 of
the European Parliament and the Council on guidelines for
trans-European energy infrastructure, with regard to the co-
ordination of environmental assessment procedures arising from
the requirements of Council Directives 2014/52/EU, 92/43/EEC
and other related Union legislation.
(3) The objective of these regulations is to provide for a high
level of protection of the environment and of human health, to
contribute to the effective integration of environmental considerations
into the permitting procedure for public and private projects, and to
ensure that public and private projects which are likely to have
significant effects on the environment are adequately assessed before
any development consent is granted.
(Regulation 10)
Projects which require an Environmental
Impact Assessment 1, 2, 3
GENERAL LAND USE
Category I
1.0.2
Category II
Development with a site
1.0.2.1
area of 2ha or more.
TRANSPORT INFRASTRUCTURE
Roads
Category I
2.1.2
Category II
Construction of motorways
2.1.2.1
Construction,
and express roads.
excavation or
realignment of roads,
tunnels, viaducts or
bridges, not covered by
Category I, if located
ODZ or at the edge of
the development zone.
Construction of new roads
(or highways) of four or
more lanes, or realignment
and/or widening of an
existing road of two lanes
or less so as to provide four
or more lanes, where such
new, realigned and/or
widened road or section
would be 2km or more in
continuous length.
Airports 5
Category I
2.2.2
Category II
Construction of airports,
Expansion of an airport,
2.2.2.1
airstrips and airfields.
airstrip or airfield, not
falling within Category
I.
The categories, criteria and thresholds indicated in this Schedule are without prejudice to the
wide scope of these regulations, and to the need that projects likely to have significant effects on
the environment be duly subjected to an effective assessment. Projects shall not be exempt from
the provisions of these regulations on the premise that they are not explicitly or precisely
specified, or that their title or description is different from that contained in this Schedule. In the
event of any doubt as to whether a project is covered by this Schedule, the precautionary
principle shall be adopted if the project may have significant effects on the environment.
Wherever a development falls within the scope of more than one category, criterion or threshold
of this Schedule, the most stringent category, criterion or threshold shall apply, unless the
contrary is explicitly stated in this Schedule.
Where mobile, reversible and/or temporary installations have the characteristics or impacts of
projects in this Schedule, they shall be subject to the provisions of these regulations.
Furthermore, when an installation is relocated, the need for a new environmental impact
assessment or screening, as relevant, shall be considered in line with these regulations.
For the purposes of this Schedule, "motorways" and "express roads" mean roads that comply
with the respective definitions in the European Agreement on Main International Traffic
Arteries of 15 November 1975.
For the purposes of this Schedule, ‘airport’ means an airport which complies with the definition
in Annex 14 of the 1944 Chicago Convention setting up the International Civil Aviation
Organization.
Construction or
2.2.2.2
expansion of a heliport,
other than a helipad
located within the
development zone.
Ports
Refer to section 6.0 – Development on the coast or at sea.
Other Transport
2.4.1
Category I
2.4.2
Category II
Lines for long-distance
Tramways, railways
2.4.1.1
2.4.2.1
railway traffic.
(whether elevated,
underground or
otherwise), suspended
lines or similar
structures, not covered
by Category I.
Intermodal
2.4.2.2
transshipment facilities,
or intermodal terminals,
not covered by Category
I.
ENERGY INFRASTRUCTURE
Electric Power Stations and Related Installations
3.1.1
Category I
3.1.2
Category II
Thermal power stations
Industrial installations
3.1.1.1
3.1.2.1
and other combustion
for the production of
installations with a heat
electricity, steam or hot
output of 50 megaWatts or
water, not falling within
more.
Category I.
Nuclear Energy
3.2.1
Category I
Nuclear power stations and
3.2.1.1
other nuclear reactors 6
(including their extension,
dismantling or
decommissioning), or
installations for
(i) the production or
enrichment of nuclear
fuel; or
(ii) the accumulation,
storage, processing,
reprocessing or
disposal of irradiated
nuclear fuel,
radioactive wastes
(including high-level
radioactive waste),
fission waste or
irradiated fissile
materials.
Nuclear power stations and other nuclear reactors cease to be such an installation where all
nuclear fuel and other radioactively contaminated elements have been removed permanently
from the installation site.
3.3
Renewable Energy
3.3.1
Category I
3.3.2
Category II
3.3.2.1
Installations for
hydroelectric energy
production.
Installations for the
3.3.2.2
harnessing of wind
power for energy
production (wind farms
in excess of two wind
turbines).
3.4
Electricity Transmission
3.4.1
Category I
3.4.2
Category II
Overhead power lines with
Transmission of
3.4.1.1
3.4.2.1
a voltage of 220kV or more
electrical energy by
and a length of 1km or
overhead cables with a
more.
voltage of 100kV or
more, not falling within
Category I.
4.0
WATER RESOURCES, SEWERAGE AND PIPELINES
4.1
Water Resources Management
4.1.1
Category I
4.1.2
Category II
Dams or other installations
Dams and other
4.1.1.1
4.1.2.1
designed for holding back
installations designed to
water, or for permanent
hold water or store it on
storage of water, which are
a long term basis, not
(i) more than 100m long;
falling within Category
or
I, and consisting of a
(ii) more than 15m high.
dam or other retaining
wall.
Works for the transfer of
Works for the transfer of
4.1.1.2
4.1.2.2
water resources (other than
water resources between
piped drinking water)
river basins, not
between river basins,
included in Category I.
where
(i) the amount of water
transferred exceeds 10
million cubic metres
per year, if the transfer
aims at preventing
possible shortages of
water; or
(ii) the multi-annual
average flow of the
basin of abstraction
exceeds 2,000 million
cubic metres per year
and the amount of
water transferred
exceeds 5% of that
flow, in all other cases.
Groundwater abstraction or
Groundwater
4.1.1.3
4.1.2.3
artificial groundwater
abstraction or artificial
recharge schemes, where
groundwater recharge
the volume of water
schemes, not falling
abstracted or recharged is
within Category I.
equivalent to, or exceeds,
10 million cubic metres per
year.
Water management
4.1.2.4
projects for agriculture
(including works for
irrigation or use of
treated water) or land
drainage projects.
Reverse osmosis or
4.1.2.5
desalination plants,
which have a capacity of
over 50,000m 3 per day.
Canalization or flood-
4.1.2.6
relief works.
Sewage-related Development
4.2.1
Category I
4.2.2
Category II
Waste-water treatment
Waste-water treatment
4.2.1.1
4.2.2.1
plants with a capacity
plants, not falling within
catering for 150,000
Category I.
population equivalent 7 or
more.
Pipelines
4.3.1
Category I
4.3.2
Category II
Pipelines for the transport
Oil or gas pipeline
4.3.1.1
4.3.2.1
of gas, oil or chemicals if
installations not falling
they cover a distance of 40
within Category I.
km or more and have a
diameter of 800mm or
more.
Long-distance
4.3.2.2
aqueducts or main
sewers (5km or more),
not located within an
existing vehicular right
of way or passing
through a protected site.
WASTE MANAGEMENT AND DISPOSAL 8
5.0.1
Category I
5.0.2
Category II
Waste disposal
Installations or sites for
5.0.1.1
5.0.2.1
installations for the
disposal or incineration
incineration, chemical
of waste, not falling
treatment (as defined in
within Category I.
Annex I to Directive 2008/
98/EC on waste under
heading D9), or landfilling
of hazardous waste as
defined in that Directive.
Waste disposal
Sites for depositing or
5.0.1.2
5.0.2.2
installations for the
recycling sludge.
incineration or chemical
treatment (as defined in
Annex I to Directive 2008/
98/EC on waste under
heading D9) of non-
hazardous waste, with a
capacity of 100 tonnes or
more per day.
As defined in point 6 of article 2 of Council Directive 91/271/EEC on urban waste-water
treatment.
‘Treatment’ means recovery or disposal operations, including preparation prior to recovery or
disposal in accordance with Directive 2008/98/EC.
New landfill sites,
Storage of scrap iron,
5.0.1.3
5.0.2.3
excluding inert waste
including scrap
landfills.
vehicles.
5.0.2.4
Knackers’ yards.
6.0
DEVELOPMENT ON THE COAST OR AT SEA (INCLUDING PORTS)
6.1
Ports, Marinas and Waterways
6.1.1
Category I
6.1.2
Category II
Inland waterways and ports
Inland-waterways not
6.1.1.1
6.1.2.1
for inland-waterway traffic
included in Category I.
which permit the passage
of vessels of 1350 tonnes
dead weight or more.
Trading ports, or piers for
Development or
6.1.1.2
6.1.2.2
loading and unloading that
extension of harbours
are outside existing ports
and port installations
and which can take vessels
(including: fishing
of 1350 tonnes or more.
harbours, dry docks,
piers, bilge water
recycling stations or
ship tank cleaning) not
covered by Category I.
6.1.2.3
Marinas.
6.2
Reclamation, Dredging and Coastal Engineering
6.2.1
Category I
6.2.2
Category II
Reclamation of land
6.2.2.1
from the sea, or other
development in the sea
affecting the seabed.
Dredging or other
6.2.2.2
changes to the seabed,
excluding maintenance
dredging within an
already existing harbour
or its official fairway.
Coastal works to combat
6.2.2.3
erosion, and works
capable of altering the
coast (through the
construction of, for
example, breakwaters,
dykes, moles, jetties,
groynes, sea-walls,
wave-breakers,
underwater berms, and
other sea defence
works) not covered by
Category I, excluding
the maintenance and
repair of such works.
Creation of a new shore or
Enlargement,
6.2.1.4
6.2.2.4
beach.
modification or
replenishment of an
existing shore or beach.
REPLEN
6.3
Other Interventions on the Coast or on the Seabed
6.3.1
Category I
6.3.2
Category II
Sites for the deposition or
Formation, extension or
6.3.1.1
6.3.2.1
disposal of waste at sea.
alteration of artificial
reefs, or the sinking of
vessels on the seabed.
Construction of salt
6.3.2.2
pans covering an area of
1000m 2 or more.
Development on the
6.3.2.3
coast or in the sea, not
covered by Category I,
with a footprint of
500m 2 or more.
6.3.2.4
Change of use of land or
sea, covering an area of
1 ha or more.
7.0
URBAN DEVELOPMENT AND RECREATIONAL PROJECTS
7.1
Urban Development Projects
7.1.1
Category I
7.1.2
Category II
7.1.2.1 Projects which have
(i)a site area of 3ha or more; or
(ii) a gross floor area of 30,000m 2
or more; or
(iii) a gross floor area of 10,000m 2
or more for commercial use,
including shops, shopping
centres, offices or other
business.
Construction or extension
7.1.2.2 Construction or extension of
7.1.1.1
of hotels, holiday
hotels, holiday complexes,
complexes, holiday
holiday villages, hostels, homes
villages, hostels,
for the elderly, hospitals, or
accommodation facilities,
associated development, if located
homes for the elderly,
wholly or partly outside
hospitals, or associated
development zones and not
development, if located
covered by Category I.
wholly or partly outside
development zones and
having
(i) a capacity of 250 beds
or more; or
(ii) a gross floor area of
10,000m 2 or more; or a
site area of 2.5 ha or
more.
7.1.2.3 Car-parks with
a gross floor area
of 15,000m 2 or more, or 600
parking spaces or more.
7.2
Recreational or Sporting Establishments
7.2.1
Category I
7.2.2
Category II
7.2.1.1
Golf courses.
7.2.2.1
Theme parks.
Permanent racing and
7.2.2.2
test tracks for motorised
vehicles.
Ski-runs, ski-lifts, cable-
7.2.2.3
cars, and associated
developments.
Permanent camping
7.2.2.4
sites or caravan sites.
8.0
AGRICULTURE
8.1
Livestock farms, stables, etc.
8.1.1
Category I
8.1.2
Category II
A new establishment or
A new establishment or
8.1.1.1
8.1.2.1
installation, or an extension
extension for poultry
thereto, for poultry
production, with places
production, with places (or
(or equivalent capacity)
equivalent capacity) for the
for the intensive rearing
intensive rearing of 85,000
of 40,000 broilers or
broilers or 60,000 hens or
40,000 hens or more.
more.
A new establishment or
A new establishment or
8.1.1.2
8.1.2.2
extension with places for
extension with places
the intensive rearing of
for the intensive rearing
more than 3,000 production
of more than 2,000 pigs
pigs of over 30kg, or with
of over 30kg, or with
more than 900 places for
750 sow places or more.
sows.
A new cow rearing
8.1.2.3
establishment or
extension, with places
(or equivalent capacity)
for 300 milk cows or
300 beef cows or more.
A new establishment or
8.1.2.4
extension for rabbit
production with places
(or equivalent capacity)
for 3,000 breeding
females or more.
A new establishment or
8.1.2.5
extension for the
production of ducks,
turkeys, geese,
peacocks, guinea fowl
or other fowl, with
places (or equivalent
capacity) for 10,000
heads or more.
A new establishment or
8.1.2.6
extension for sheep or
goat rearing, with places
(or equivalent capacity)
for 800 heads or more.
Stables or farms with
8.1.2.7
places (or equivalent
capacity) for 50 horses
(or similar animals e.g.
donkeys, ponies or
mules) or more.
A new establishment or
8.1.2.8
extension with a mix of
farm animals may
require an
environmental impact
assessment depending
on the type and scale of
development, the site
area and the location.
Any establishment
8.1.2.9
rearing
(i) exotic animals (e.g.
emus, ostriches,
kangaroos, or
crocodiles), whether
for consumption or
otherwise; or
(ii) other animals (e.g.
snails, insects or
frogs) that can create
an ecological
imbalance or other
impacts if they
escape into the wild.
Developments with a
8.1.2.10
site area of 8,000m 2 or
more.
8.2
Aquaculture
8.2.1
Category I
8.2.2
Category II
Aquaculture
Aquaculture
8.2.1.1
8.2.2.1
establishments for any type
establishments for any
of aquatic organism
type of aquatic organism
(including fish farms,
(including fish farms,
hatcheries, tuna pens,
hatcheries, tuna pens,
shellfish or crustacean
shellfish or crustacean
farms, seaweed production
farms, seaweed
units, or similar
production units, or
establishments), or
similar establishments),
extensions to an existing
as well as extensions or
establishment, if covering
modifications to an
an area of 2 ha or more and
existing establishment,
located within 6km of the
or any ancillary
coast.
facilities, not covered by
Category I.
8.3
Other agricultural or related developments
8.3.2.1
Projects for the
restructuring of rural
land holdings.
Projects for the use of
8.3.2.2
uncultivated land or
semi-natural areas for
intensive agricultural
purposes.
Initial afforestation and
8.3.2.3
deforestation for the
purposes of conversion
to another type of land
use.
9.0
QUARRIES, MINERAL EXTRACTION AND RELATED
INTERVENTIONS
9.0.1
Category I
9.0.2
Category II
Quarries, open-cast mines
Quarries, open-cast
9.0.1.1
9.0.2.1
or projects for the
mines or underground
extraction of minerals, ores
mines, or projects for
or peat, or extensions
the extraction of
thereto, where the proposed
minerals, ores or peat, as
area is 3 ha or more
well as extensions
thereto or ancillary
surface or subsurface
installations, not
covered by Category I.
Extraction of minerals
9.0.2.2
by marine, fluvial or
valley dredging.
Restoration and after-
9.0.2.3
use of existing or
disused quarries or
mines, other than for
restoration of the site
back to its pristine state.
Rock processing plant,
9.0.2.4
not within an existing
operational quarry, and
not covered by Category
I.
Note: The Authority
may waive this
requirement for plant
within the confines of an
approved excavation
site, if it is of the opinion
that this would facilitate
re-use of excavated
material in situ and
would minimise adverse
impact on the
environment, and as
long as installation of
such plant would not
circumvent any
significant
environmental
safeguards of an
approved works
management plan.
10.0
EXTRACTION, STORAGE AND PROCESSING OF GASES, FUELS AND
CHEMICALS
10.0.1
Category I
10.0.2
Category II
Extraction of petroleum
Industrial installations
10.0.1.1
10.0.2.1
and natural gas for
for the extraction of
commercial purposes
coal, petroleum, natural
where the amount extracted
gas, ores or bituminous
exceeds 500 tonnes per day
shale, not covered by
in the case of petroleum
Category I.
and 500,000 cubic metres
per day in the case of gas.
Surface and/or
10.0.2.2
underground storage of
combustible gases or
natural gas, with a
capacity of 100 tonnes
or more, and not
covered by Category I.
Installations for the storage
Storage facilities for
10.0.1.2
10.0.2.3
of petroleum,
petroleum, fossil fuels,
petrochemical, or chemical
petrochemical or
products with a capacity of
chemical products, with
200,000 tonnes or more.
a capacity of 50,000
tonnes or more, not
covered by Category I.
Gas or crude-oil refineries.
Development or
10.0.1.3
10.0.2.4
extension of fuel
servicing stations,
including petrol stations
and gas distribution
stations.
Installations for the
Coke ovens (dry coal
10.0.1.4
10.0.2.5
gasification or liquefaction
distillation).
of coal or bituminous shale.
Installations for
10.0.2.6
industrial briquetting of
coal and lignite.
Industrial installations
10.0.2.7
for carrying gas, steam
and hot water.
11.0
CARBON CAPTURE, GEOLOGICAL STORAGE AND DEEP DRILLING
11.0.1
Category I
11.0.2
Category II
Installations for the capture
Installations for the
11.0.1.1
11.0.2.1
of carbon dioxide (CO 2 )
capture of carbon
streams for the purposes of
dioxide (CO 2 ) streams
geological storage pursuant
for the purposes of
to Directive 2009/31/EC
geological storage
from installations covered
pursuant to Directive
by Category I, or where the
2009/31/EC from
total yearly capture of
installations not covered
carbon dioxide (CO 2 ) is 1.5
by Category I.
megatonnes or more.
Pipelines with a diameter
Pipeline installations for
11.0.1.2
11.0.2.2
of 800mm or more and a
the transport of carbon
length of 40 km or more,
dioxide (CO 2 ) streams
for the transport of carbon
for the purpose of
dioxide (CO 2 ) streams for
geological storage, not
the purposes of geological
falling within Category
storage, including any
I.
associated booster stations.
Storage sites pursuant to
Deep drillings, in
11.0.1.3
11.0.2.3
Directive 2009/31/EC on
particular geothermal
the geological storage of
drilling, drilling for the
carbon dioxide (CO 2 ).
storage of nuclear waste
material, or drilling for
water supplies but,
unless significant
impacts on the
environment are likely,
excluding drillings for
investigating the
stability of soils.
12.0
INDUSTRIAL DEVELOPMENT
12.1
Mineral Processing
Installations for the
Installations for the
12.1.1.1
12.1.2.1
extraction, production,
manufacture or
treatment, transformation
production of asbestos
and processing of asbestos
products, not falling
or products containing
within Category I.
asbestos, including the
manufacture of asbestos
cement products.
Installations for the
Installations for
12.1.1.2
12.1.2.2
manufacture of friction
smelting mineral
material products
substances or
containing asbestos, with a
production of mineral
capacity of 50 tonnes or
fibres, not falling within
more per year.
Category I.
Installations for the
Installations for the
12.1.1.3
12.1.2.3
manufacture, production or
manufacture of artificial
use of other products
mineral fibres.
containing asbestos with a
capacity of 200 tonnes or
more of asbestos per year.
Installations for the
12.1.1.4
12.1.2.4
Lime kilns.
production or manufacture
of cement.
Installations for the
12.1.2.5
production of concrete
blocks, bricks, asphalt
or tarmac.
Installations for the
12.1.2.6
manufacture of glass or
glass fibre.
Installations for the
12.1.2.7
manufacture of ceramic
products by burning, in
particular roofing tiles,
bricks, refractory bricks,
tiles, stoneware or
porcelain.
12.2
Production and Processing of Metals
12.2.1
Category I
12.2.2
Category II
Installations for the
Installations for
12.2.1.1
12.2.2.1
smelting of cast-iron, steel
roasting, pelletizing or
or other metals, including
sintering of ores, not
integrated works for initial
falling within Category
smelting.
I.
Installations for the
Ferrous metal foundries
12.2.1.2
12.2.2.2
production of non-ferrous
and forges, and
crude metals or their alloys
installations for the
from ore, concentrates or
production of pig iron or
secondary raw materials by
steel (primary or
metallurgical, chemical or
secondary fusion)
electrolytic processes.
including continuous
casting, not falling
within Category I.
Installations for the
12.2.2.3
processing of ferrous
metals, including
(i) hot-rolling mills;
(ii) smitheries with
hammers; and
(iii) application of
protective fused
metal coats.
Installations for the
12.2.2.4
production or
processing (including
alloyage, smelting,
refining, drawing and
rolling) of non-ferrous
metals, other than
precious metals,
including recovered
products (refining,
foundry casting, etc.),
not falling within
Category I.
Installations for the
12.2.2.5
surface treatment and
coating of metals and
plastic materials using
an electrolytic or
chemical process.
Manufacture or
12.2.2.6
assembly of motor
vehicles or manufacture
of motor-vehicle
engines.
Shipyards
12.2.2.7
Installations for the
12.2.2.8
construction or repair of
aircraft.
Manufacture of railway
12.2.2.9
equipment.
Swaging by explosives.
12.2.2.10
12.3
Chemical Industry
12.3.1
Category I
12.3.2
Category II
Integrated chemical
Treatment of
12.3.1.1
12.3.2.1
installations (i.e.
intermediate products
installations for the
and production of
manufacture of substances
chemicals, not falling
on an industrial scale, using
within Category I.
chemical conversion
processes in which several
units are juxtaposed and
are functionally linked to
one another) for the
production of
(i) basic organic or
inorganic chemicals;
(ii) phosphorus-, nitrogen-,
or potassium-based
fertilisers (simple or
compound fertilisers);
(iii) basic plant health
products or biocides;
(iv) basic pharmaceutical
products using a
chemical or biological
process;
(v) explosives; or
(vi) any other product not
listed above but which
requires similar
treatment.
Production of
12.3.2.2
pesticides,
pharmaceutical
products, paints,
varnishes, elastomers or
peroxides, not falling
within Category I.
12.4
Food Industry
12.4.2
Category II
Manufacturing of
12.4.2.1
vegetable or animal oils
and fats.
Packing or canning of
12.4.2.2
animal or vegetable
products.
Manufacture of dairy
12.4.2.3
products.
Brewing or malting.
12.4.2.4
Confectionery or syrup
12.4.2.5
manufacture.
Installations for the
12.4.2.6
slaughter of animals.
Installations for the
12.4.2.7
manufacture of
industrial starch.
Fish meal or fish-oil
12.4.2.8
factories.
Sugar factories.
12.4.2.9
12.5
Textile, Leather, Wood, Paper and Rubber Industries
12.5.1
Category I
12.5.2
Category II
Industrial plants for the
Industrial plants for the
12.5.1.1
12.5.2.1
production of
production of paper or
(a) pulp from timber or
board, not falling within
similar fibrous
Category I.
materials; or
(b) paper or board with a
production capacity
exceeding 200 tonnes
per day.
Plant for the
12.5.2.2
pretreatment (e.g.
washing, bleaching, or
mercerization) or dyeing
of fibres or textiles.
Tanneries, or plant for
12.5.2.3
the tanning of hides and
skins.
Installations for
12.5.2.4
cellulose processing or
production.
12.5.2.5
Manufacture or treatment
of elastomer-based
products.
12.6
Other Industry
12.6.2
Category II
Installations for the
12.6.2.1
recovery or destruction
of explosive substances.
Test-benches for
12.6.2.2
engines, turbines or
reactors.
12.7
Industrial Estates
12.7.1
Category I
12.7.2
Category II
Industrial estate
12.7.2.1
development projects.
13.0
CHANGES OR EXTENSIONS TO APPROVED PROJECTS, AND
REACTIVATION OF PROJECTS
13.0.1
Category I
13.0.2
Category II
Any change to, or
Any change to, or
13.0.1.1
13.0.2.1
extension of, projects (even
extension of, projects
if the project is already
(even if the project is
authorised, executed or in
already authorised,
the process of being
executed or in the
executed) where the
process of being
change or extension itself
executed), particularly
meets the thresholds or
projects covered by
criteria set out in Category
Category I or Category
I.
II, where the change or
extension itself does not
fall under Category I
but
(i) meets the thresholds
or criteria set out in
Category II; or
(ii) may have significant
adverse effects on
the environment.
Projects in Category I,
13.0.2.2
undertaken exclusively
or mainly for the
development and testing
of new methods or
products and not used
for more than two years.
.
.
.
In these regulations, unless the context otherwise requires
Interpretation.
"the Aarhus Convention" means the Convention on Access to Aarhus
Information, Public Participation in Decision-Making and Access to Convention.
Justice in Environmental Matters (Aarhus Convention) of the United
Nations Economic Commission for Europe;
"the Act" means the Environment Protection Act;
"agent" means a person representing the developer’s interests, and
includes the developer’s architect;
"aquifer" means all underground waters in geological formations,
and also includes deep fossil waters;
"the Authority" means the Environment and Resources Authority
established under the Act, and includes any person delegated or
commissioned thereby or otherwise acting lawfully on its behalf;
"baseline" means the existing environmental conditions of the
area being assessed, as a reference against which changes and effects
are predicted, measured, analysed and evaluated; and "baseline study"
means an investigation, identification, clarification or interpretation
thereof;
"consequent development" means any additional intervention or
change in land use or pressure for further development, that is entailed,
rendered necessary, encouraged or otherwise triggered by the project or
by its ancillary operations or by the interaction of the project with its
surroundings, or with natural or human processes or with other
projects;
"construction" includes all site preparation works for the project
and its ancillary infrastructure, such as clearing of land, excavation,
demolition, dismantling, construction, levelling, installation of
underground components and finishing works, and also includes all
temporary interventions such as the installation and removal of
construction camps, site offices, storage areas, plant and machinery,
access arrangements, or other temporary facilities ancillary thereto, as
well as any consumption, management or disposal of raw materials and
by-products resulting therefrom;
"consultant" means an expert who is sufficiently competent in the
relevant environmental field as may be required for the purpose of the
environmental impact assessment;
"consultees" means Government entities, local councils or any
other person, organisation or entity which the Authority might request
the coordinator to consult, or which the Authority might consult;
"coordinator" means the consultant responsible for coordinating
the environmental impact assessment;
"cumulative" and "cumulation" mean the combined effects of two
or more projects or parts of projects, or of a project and the existing
baseline, on the environment, and include
(a)
synergistic and antagonistic effects;
(b)
combination with any effects already present in the
current baseline; and
(c)
the
impacts
of
consequent
or
ancillary
development;
"decommissioning" includes all works connected with the
discontinuation or removal of a project and its ancillary infrastructure,
such as clearing of land, demolition or dismantling, removal of
underground components, and site reinstatement or restoration, and
also includes all temporary interventions such as the installation and
removal of construction camps, site offices, storage areas, plant and
machinery, access arrangements, or other temporary facilities ancillary
thereto, as well as any consumption, management or disposal of raw
materials and by-products resulting therefrom;
"developer" means the developer seeking development consent or
intending to implement the project, and includes both private and
public entities;
"development" has the same meaning assigned to it by the
Development Planning Act, provided that
(a)
a project or intervention falling within the scope of
these regulations shall still be considered as development
requiring screening or assessment as well as consent for the
purpose of these regulations;
(b)
construction, excavation, demolition, levelling, site
engineering, extraction of mineral resources, change in land use
or other installations or schemes, as well as other material
interventions in the site surroundings and landscape shall be
considered as development; and
(c)
the continued operation of an existing facility that
is duly covered by an existing valid development consent shall
not, per se, be considered as development, as long as: (i) there
are no alterations, omissions, or additional interventions relative
to the current consent; (ii) there is no extension of the lifetime
of the facility beyond what has been assessed and permitted;
and (iii) the facility does not occupy a larger or different site;
"development consent" or "development permit" means the
decision of the permitting authority which entitles the developer to
proceed with the project, as well as any equivalent consent arising from
a development order or other instrument;
"the Directive" means Directive 2011/92/EU of the European Directive 2011/
Parliament and of the Council of 13 December 2011 on the assessment 92/EU
amended by
of the effects of certain public and private projects on the environment 2014/52/EU.
(codification), as amended by Directive 2014/52/EU of the European
Parliament and of the Council of 16 April 2014;
"effect" means an effect on the environment, and includes
(a)
direct effects on the environment, which are caused
by a project or by any related intervention or action;
(b) indirect and secondary effects on the environment,
caused by a project or by related interventions or actions, which
may be later in time or further removed in distance, or which
may arise indirectly as a result of: changes induced by the
project or intervention; displacement of other uses; opportunity
cost of the proposed use or commitment; or interaction of the
project or intervention with natural or anthropogenic forces or
with the surrounding environment;
(c)
cumulative effects on the environment; and
(d)
effects on human health and safety, socio-economic
conditions, natural and cultural heritage, and quality of life,
resulting from alterations to the environment;
"environmental impact assessment" or "EIA" means the process
of identifying, predicting, evaluating, avoiding and mitigating the
relevant environmental effects of proposed projects and physical
interventions prior to relevant decisions and commitments being made,
and includes, as detailed further in these regulations
(a)
the preparation of an EIA report by the developer;
(b)
the carrying out of consultations, including
consultations with Government entities and the public
concerned;
(c)
the examination, by the Authority, of the EIA
report and any supplementary information provided by, or
received from, the developer or through consultations;
(d)
the reasoned conclusion by the Authority on the
significant effects of the project on the environment, taking into
account the results of the examination referred to in point (c)
and its own supplementary examination; and
(e)
the integration of the Authority's reasoned
conclusion into the decision on the project or into any other
relevant decision;
"EIA report" means the document in which the results of the
consultants’ investigations and evaluations are presented by the
consultants in a coordinated manner to the Authority, to decision-
makers, to the public, and to the public concerned, as part of the
environmental impact assessment;
"the Espoo Convention" or "the Convention" means the
Convention on Environmental Impact Assessment in a Transboundary
Context (Espoo Convention) of the United Nations Economic
Commission for Europe, including its First and Second Amendments;
"extension" means any addition to a project including but not
limited to increases in total area, length, height, depth, volume,
capacity, land take, scale or intensity of use;
"geology" means the scientific study of the origin, history,
structure, content and composition of the earth including its rocks,
minerals, land forms, layers, soils, fossils, and other related features,
and the physical, chemical and biological changes and processes that
have created, formed, shaped, eroded, or affected them or which may
have such effects thereon, and also includes lithology, petrology,
stratigraphy, geomorphology, palaeontology, hydrogeology, geological
conservation and geotechnical considerations as applied for the
purposes of these regulations;
"gross floor area" means the total combined area of all the floors
of a building as measured externally without any deduction of internal
yards, the spaces overlying them or the thickness of internal or external
walls, and also includes all cellars, basements and roofs;
"impact" has the same meaning as "effect";
"landscape" means the overall character of a geographic area and
its sense of place, as an overall result of the interaction of natural and/or
anthropogenic factors, and includes the environmental characteristics,
forms, processes, backgrounds and structures, the physical features and
the scenery of the area and its particular combinations of geology,
geomorphology, landform, water bodies, soils, vegetation, land uses,
field patterns, human settlement, history, local traditions and other
related factors;
"local council" and "locality" have the same meaning as assigned
in the Local Councils Act;
"the Minister" refers to the Minister responsible for the
environment;
"operational phase" means the period during which the project is
wholly or partly in use or reasonably ready for such use;
"outside development zones" or "ODZ" means land outside the
boundary of an area zoned for development in a currently approved
planning scheme or a currently approved local plan;
"permitting authority" means any public authority that is
responsible for issuing, refusing or otherwise regulating any
development consent, and includes any person acting lawfully on
behalf of such authority;
"precautionary principle" shall have the same meaning as
assigned to it in the Act, and specifically includes the adoption or
taking of preventative measures or stances when there are reasonable
grounds for concern that threats of potentially significant or potentially
irreversible damage to the environment might occur. Furthermore, the
lack of scientific certainty shall not be used as a reason or excuse for
postponing measures to avoid, reduce, prevent, anticipate, eliminate,
control, reverse, repair or otherwise address such threats or damage to
the environment as may be relevant to the project and its location;
"project" has the same meaning as "development";
"project description statement" means a structured document
containing a description of the site and the proposed project, in
sufficient detail to enable an identification of the likely effects and
implications on the environment;
"project fragmentation" means the fragmentation or piecemeal
splitting of a project into smaller developments, such that the proper
comprehensive evaluation of the overall project and its environmental
impacts is impeded, impaired, hindered, jeopardised, distorted,
circumvented, complicated or rendered ineffective by an understated,
misleading, incomplete, ambiguous or late indication of the actual
scale, characteristics, context and or real implications of the project;
"protected" means any area, property, building, site, structure,
natural resource, natural feature or cultural heritage which is
specifically protected, scheduled or designated for protection or
conservation under the Act or under any other law, even if on a
temporary or provisional basis. Provided that the airport precincts shall
not, per se, be considered as a protected area notwithstanding their
inclusion in the list of Bird Sanctuaries in the Conservation of Wild
Birds Regulations;
"public" means one or more natural or legal persons, as well as
any associations, organisations or groups thereof that are in accordance
with national law;
"public concerned" means the public affected or likely to be
affected by, or having an interest in, the environmental decision-
making procedures relevant to these regulations, and also includes non-
Governmental organizations that promote environmental protection
and that meet the relevant requirements at law;
"public hearing" means a consultation meeting open to the public,
organized with the aim of explaining the details of the proposed project
or intervention as well as the findings of the EIA report, and to elicit
feedback from the public in attendance;
"Register" means the register of consultants established under the
provisions of the Act;
"Registration Board" means the Registration Board established
under the provisions of the Act;
"screening" means the decision on whether a proposal should be
subject to an environmental impact assessment or to any other
provisions of these regulations;
"scoping" means the process of defining the scope, extent, and
level of detail of the environmental impact assessment, and includes the
identification of environmental issues, baselines, geographical areas of
influence, methodologies, alternatives and impacts to be considered,
and the formulation of terms of reference;
"significant" requires consideration of both context and intensity
(a)
context includes
(i)
the proposed siting and surroundings of the
project;
(ii) the public concerned and material interests of
relevance to the environment;
(iii) the aspects of the environment likely to be
affected;
(iv) the prevailing conditions in, and the state of
preservation of, the surrounding environment; and
(v) the existence of any species, habitats or
features that are unique, valuable, endangered, rare on a
national or localised basis, vulnerable, threatened with
extinction, possibly extinct, restricted in distribution on the
island, endemic to a threatened site, of unknown status, of
unfavourable conservation status, declining, or otherwise
at risk of having their integrity jeopardized; whereas
(b)
intensity means the severity of impact, and requires
a consideration of the following factors
(i)
whether the impact is beneficial, adverse or
neutral;
(ii) the degree to which the project affects the
quality of the environment, or affects public health or
safety as a consequence of its impacts on the environment;
(iii) the vulnerability and resilience of the
surrounding environment;
(iv) the degree to which the possible effects on the
environment are uncertain, or involve unique, unknown or
complicated risks;
(v) the degree to which the project may establish
a precedent for future interventions with potentially
significant effects, or represents a commitment in principle
about a future consideration or intervention;
(vi) whether the project is related to other
interventions with individually insignificant but
cumulatively significant impacts;
(vii) whether the project may necessitate, entail,
trigger, attract, commit, hinder or compromise any other
related or unrelated intervention such that the ensuing
implications may result in indirect pressures on the
environment, near the site or away from it;
(viii) whether the project or its direct or indirect
implications pose a threat of violation of any law, plan, or
provision for the protection or conservation of the
environment, or a threat to any current protective status or
to the effectiveness thereof;
(ix) whether the project and its effects are
permanent or temporary (and, in the latter instance, the
duration of the effect); reversible or irreversible (and, in
the former instance, the ease and feasibility of complete
reversal and the confidence with which such reversal can
be secured); short-term, medium-term or long-term; and
short-range, medium-range or long-range; and
(x) the extent, profoundness and magnitude of
the impact on one or more environmental aspects of
relevance to the assessment;
"site", "area" or "location" means any geographic area including
any land, sea or water body, and also includes its surface, subsurface
and underground as well as its seabed and airspace where relevant, and
shall also include a single property or more than one property
irrespective of who is the owner;
"site area" means the total area of land covered by the project and
its ancillary structures and interventions. as well as any tract of land
that is likely to be committed, physically altered or taken up in
connection with any phase of the project or detached or isolated from
its surroundings as a consequence thereof; and includes any land that
will be occupied by buildings, structures, yards, gardens, interstices,
enclosures, enclaves, spaces between buildings or structures, roads,
tracks, artificially surfaced areas, planting and/or landscaping, as well
as any other lands that will be similarly affected; but excludes any other
land beyond the outermost extent of the project that will not be affected
in any way by the project and its ancillary interventions, irrespective of
whether or not such other land happens to form part of the developer’s
property;
"State" means a country which is a member of the European
Union or a party to the Convention on Environmental Impact
Assessment in a Transboundary Context of the United Nations
Economic Commission for Europe, and includes any land, sea, water
bodies and airspace under such country’s jurisdiction;
"supra-national" means at European Union level, or at the level of
any other international, bilateral or multi-lateral convention, protocol,
commitment, agreement or obligation which is binding on Malta;
"technical studies" means the studies prepared by the consultants
for particular aspects of the environmental impact assessment, and
includes baseline studies;
"transboundary impact" means any impact, occurring wholly or
partly in a State, that is caused by a project or intervention which is
situated wholly or partly in another State;
"Tribunal" means the Tribunal as defined in the Act and in the
Environment and Planning Review Tribunal Act; and
"vetting" means the determination of whether a project falls
within the scope of these regulations.
(Regulation 12)
Information to be provided in the Project Description Statement
1. A description of the project, including in particular
(a)
a description of the physical characteristics of the whole project,
including size, scale, design and phasing of the project, and
covering all construction, demolition and excavation works;
(b)
a description of the location of the project, including the site
boundaries clearly shown on a map base, with particular regard
to the environmental sensitivity of geographical areas likely to be
affected;
(c)
a description of the envisaged operations and process flow (where this
is applicable) identifying the nature of the inputs, throughputs, outputs,
and relevant processes; and
(d)
ancillary requirements including, but not limited to, access and
parking arrangements, and infrastructural services.
2. A description of the aspects of the environment likely to be affected by
the project.
3. A description, to the extent enabled by the information available, of
any likely effects of the project on the environment resulting from
(a)
changes caused to the site;
(b)
the expected residues and emissions and the production of waste,
where relevant; and
(c)
the use of natural resources, in particular soil, land, water and
biodiversity.
The criteria of Schedule III shall be taken into account, as relevant,
when compiling the information in accordance with paragraphs 1 to 3
hereof.
The Environment and Resources Authority shall be the Administration
competent authority responsible for the administration, implementation of
regulations.
and enforcement of these regulations, except where otherwise specified
in these regulations.
PART II
EXEMPTIONS
(Regulation 14)
Criteria to be applied in Screening
The screening shall address at least the following criteria, as relevant to
the project and its context. Aspects identified in Schedule IV may also
be addressed, insofar as relevant and proportionate to the screening,
and as long as the required information or considerations are
reasonably available at the time of screening.
1. Characteristics of the project
The characteristics of the project must be considered, with particular
regard to
(a)
the nature, size, scale and design of the whole project;
(b)
cumulation, interaction or interference with other projects that
are existing, approved or foreseeable;
(c)
the use or consumption of natural resources, in particular land,
soil, water and biodiversity;
(d)
the production of waste;
(e)
pollution, nuisances and disturbance to the surroundings;
(f)
the risk and implications of major accidents or disasters which
may be relevant to the project, including those caused by climate
change, in accordance with scientific knowledge, as well as the
vulnerability, exposure and resilience of the project and its area
of influence thereto; and
(g)
the risks to human health (for example due to water
contamination or air pollution).
2. Location of the project
The environmental sensitivity of geographical areas likely to be
affected by the project must be considered, with particular regard
to
(a)
the existing and approved land use;
(b)
the relative abundance, availability, quality, sensitivity and
regenerative capacity of natural resources, soil, land, water,
ecosystems and biodiversity in the area and its underground;
(c)
the conservation value and impact-absorption capacity of the
environment, paying particular attention to the following areas
(i)
wetlands, riparian areas, natural water bodies including aquifers,
valleys and their watersheds, and other factors of hydrological
relevance;
(ii)
coastal zones and the marine environment;
(iii)
mountain and forest areas;
(iv)
nature reserves and parks;
(v)
areas that are classified, protected or designated for conservation
under any environmentally-relevant legislation, including inter
alia, areas classified or protected under national legislation or
otherwise designated under any supra-national agreement,
convention or protocol, as well as Natura 2000 sites;
(vi)
areas in which there has already been a failure to meet the
environmental quality standards laid down in any relevant
legislation, or in which it is considered that there is such a failure,
or where any relevant thresholds or ceilings are close to being
exceeded, or where the project is likely to cause additional
loading which cannot be sustained by the carrying capacity of the
environment;
(vii) densely populated areas;
(viii) landscapes, sites and features of scenic, historical, cultural or
archaeological significance; and
(ix)
natural and semi-natural habitats, or any other environmental
features of known or potential scientific, geological, ecological
or other natural heritage value.
3. Type and characteristics of the potential impact
The likely or possible significant effects of the project on the
environment must be considered in relation to the criteria set out
under paragraphs 1 and 2 of this Schedule, taking into account
(a)
the nature of the impact;
(b)
the magnitude and spatial extent of the impact (for example, the
geographical area and size of the population likely to be
affected);
(c)
the transboundary nature of the impact, if relevant (especially in
the case of projects located close to the national frontier, or
projects which could give rise to significant effects far removed
from the site of the project);
(d)
the intensity and complexity of the impact, including direct
impacts as well as indirect implications of interaction with
natural processes or with other impacts;
(e)
the probability of the impact occurring;
(f)
the expected onset, duration, frequency and degree of
reversibility of the impact;
(g)
the cumulation of the impact with the effects of other projects
that are existing, approved, or foreseeable; and
(h)
the possibility of effectively reducing or avoiding the impact,
and the reliability with which the impact can be predicted,
determined, monitored, managed and addressed.
(1)
The Authority may decide, on a case-by-case basis, Exemptions
not to apply these regulations to projects, or parts of projects, having Defence.
national defence as their sole purpose, if there is a declaration in
writing from the Minister responsible for national defence, stating that
the application of these regulations could result in the disclosure of
confidential information which would undermine defence purposes. In
such eventuality, the Authority shall still seek to assess the
environmental consequences of the project insofar as reasonably
possible, and shall advise the relevant Government entity accordingly
and in due time, but it shall not disclose the information to the public.
(2) The Authority may decide, on a case-by-case basis, not to Response to
apply these regulations to projects, or parts of projects, having the civil
emergencies.
response to civil emergencies as their sole purpose, if there is a
declaration in writing from the Minister responsible for the response to
civil emergencies, stating that the application of these regulations
would have an adverse effect on such purposes. In such eventuality, the
Authority shall advise the relevant Government entity with respect to
any possible environmental consequences caused by the project and
possible mitigation measures.
(3) Without prejudice to the other provisions of these Projects adopted
regulations and to Part VII, a project that is adopted by a specific act of by
of national
national legislation may be exempted from the provisions relating to legislation.
public consultation laid down in these regulations, provided that the
objectives of these regulations are met and the submitted project is
substantially the same as that adopted by the act in question. The
Minister shall inform the Commission of the European Union of any
such exemption at least every two years, as from 16 May 2017 onward.
(Regulation 16)
Information for the EIA Report
Where an environmental impact assessment is required, the information
to be provided in the EIA report shall include, as relevant
1. A description of the project and its purpose, including in particular
(a)
a description of the physical characteristics (including design,
size and other relevant features) of the whole project and of any
demolition works, and of the land-use requirements during the
construction, operational and decommissioning phases;
(b)
a description of the main characteristics of the operational phase
of the project (in particular any production process), for instance,
energy demand and energy used, nature and quantity of the
materials and natural resources used (including water, land, soil
and biodiversity); and
(c)
an estimate, by type and quantity, of expected residues and
emissions (including: water, air, soil and subsoil pollution; noise,
vibrations, light, heat, and radiation; and quantities and types of
waste) resulting from the construction, operation and
decommissioning phases of the proposed project.
2. A description of the location of the project and its baseline, with
particular regard to the physical characteristics of the site and its
surroundings and the environmental sensitivity of geographical areas
likely to be affected.
3. A description of the reasonable alternatives studied by the developer
(in terms of, inter alia, project design, technology, location, size and
scale), and an explanation of the main reasons for selecting the chosen
option including a comparison of the environmental effects of the
project relative to those of the other alternatives considered. The ‘zero
option’ (i.e. no-development scenario) shall also be duly considered.
4. A description of the relevant aspects of the current state of the
environment (baseline scenario) and an outline of the likely evolution
thereof without implementation of the project, as far as natural changes
from the baseline scenario can be assessed with reasonable effort on
the basis of the available environmental information and scientific
knowledge.
5. A description of the aspects of the environment likely to be
significantly affected by the project, including, in particular and as
relevant
(a)
population and human health;
(b)
biodiversity and ecology, including but not limited to species and
habitats protected under other legislation;
(c)
the physical environment, including: land; rock (including
bedrock and geological, physiographical, geomorphological,
lithostratigraphical, and palaeontological formations); soil
(including soil composition and organic matter, erosion,
compaction and sealing); water (including aquifers, springs,
water bodies and hydrological formations, hydromorphology,
water quantity and quality); air (including air quality); as well as
other natural features and combinations of such formations or
features;
(d)
climate and environmental dynamics (including greenhouse gas
emissions, and considerations relevant to climate change
adaptation);
(e)
the coastal and marine environment;
(f)
existing physical structures, material assets and cultural heritage
(including architectural, historical and archaeological aspects);
(g)
the landscape and visual amenity, as well as sites or areas of
value from the point of view of science, scenery, conservation or
natural beauty;
(h)
natural resources and natural processes; and
(i)
combinations, inter-relationships and interactions between the
above factors, as well as the natural and anthropogenic forces and
processes that affect them.
6. A description of the likely significant effects of the project on the
environment resulting from, inter alia
(a)
the construction and existence of the project, including, where
relevant, demolition works;
(b)
the use of natural resources, in particular land, soil, water and
biodiversity, considering as far as possible the sustainable
availability of these resources;
(c)
the emission of pollutants, noise, vibrations, light, heat and
radiation; the creation of nuisances; and the disposal and
recovery of waste;
(d)
the risks to human health, cultural heritage and the environment
(for example due to accidents or disasters);
(e)
the cumulation of effects of the project with those of other
existing and/or approved projects, taking into account existing
environmental problems, areas of particular environmental
importance likely to be affected, and the use of natural resources;
(f)
the impact of the project on climate (for example the nature and
magnitude of greenhouse gas emissions), and the vulnerability of
the project and its environs to climate change;
(g)
the technologies and the substances used; and
(h)
the ancillary requirements of the project and its operations, and
all additional interventions or pressures on the environment that
are likely to arise as a consequence of the project.
The description of the likely significant effects on the environment
shall cover the direct effects and any indirect, secondary, cumulative
and transboundary effects of the project, whether short-term, medium-
term or long-term, permanent or temporary, positive or negative. This
description shall also take into account the environmental protection
objectives and targets established at national or supra-national level
which are relevant to the project.
7. A clear description of the forecasting methods, evidence and
environmental information used to identify and assess the significant
effects on the environment, as well as the underlying assumptions and
the difficulties and uncertainties (for example technical deficiencies or
gaps in knowledge) encountered compiling the required information.
8. A description of the features of the project and other measures which
are envisaged to avoid, prevent, reduce or offset any likely significant
adverse effects on the environment and, where appropriate, of the
arrangements for monitoring their effectiveness, including any relevant
post-project analysis. The description shall identify
(a)
the limitations of such features and measures;
(b)
the extent to which significant adverse effects on the
environment are actually avoided, prevented, reduced or offset;
and
(c)
the level of confidence in such features and measures.
The description shall cover all phases (including the construction,
operational and decommissioning phases) as relevant to the project. The
consultants shall endeavour to ensure that the features and measures
recommended are feasible, realistically implementable, reliable, not
dependent on factors beyond the developer’s effective control,
verifiable, and enforceable.
9. A description of the expected significant effects and implications of the
project on the environment deriving from the vulnerability, exposure
and resilience of the project and its area of influence to all relevant
risks of a major accident or disaster. Relevant information obtained or
made available through risk assessments pursuant to Directive 2012/
18/EU or Directive 2009/71/Euratom or through relevant assessments
carried out under other legislation may be used for this purpose
provided that the requirements of these Regulations are met. Where
appropriate, this description should include
(a)
measures envisaged to prevent or mitigate the significant adverse
effects that such events may have on the environment; and
(b)
details of the preparedness for, and proposed response to, such
emergencies.
10. A proposed programme to monitor the site and the environmental
impacts of the project during the construction, operational and
decommissioning phases, as relevant. The proposal shall also include
an identification of the records that the developer should keep for the
purpose, as well as an indication of any additional measures which
should be undertaken pursuant to the monitoring outcome.
11. An identification, insofar as relevant from an environmental
perspective, of operational permitting requirements, other required
authorizations, and any prohibitions, limitations or obligations
imposed by national, European Union, or international legislation, as
may be applicable or foreseeable.
12. A non-technical summary of the information provided under the above
headings.
13. A reference list detailing the sources used for the descriptions and
assessments included in the report.
€5.67
(1)
Without prejudice to Part VII, the Authority may, in
exceptional cases, exempt a specific project from the provisions of
these regulations, where the application of those provisions would
result in adversely affecting the purpose of the project, provided the
objectives of these regulations are met. In such case the Authority shall,
in a timely manner prior to the granting of consent
(a)
consider whether another form of assessment
would be appropriate;
(b)
make available to the public concerned the
information obtained under other forms of assessment referred
to in paragraph (a), the information relating to the decision
granting exemption, the reasons for granting exemption, and the
terms, conditions and limitations of the exemption; and
(c)
inform the Minister that this sub-regulation has
been used, and provide him with the reasons justifying the
exemption and with the information referred to in paragraphs
(a) and (b).
(2) The Minister shall, upon receipt of this information, and
prior to the granting of the development consent, inform the
Commission of the European Union accordingly.
PART III
GENERAL PROVISIONS
(1)
Before any consent is given for a project likely to
have significant effects on the environment due to, inter alia, its nature,
size, scale, position or location, such project shall be subject to a
requirement for development consent as well as an assessment of its
effects on the environment in line with these regulations. No
development consent shall be granted authorising any such project
unless the required assessment or screening, as relevant, has been duly
undertaken and completed in accordance with these regulations.
(2) The environmental impact assessment, compliant with these
regulations, may be integrated into the development consent procedure
in accordance with the relevant regulations or into any other relevant
procedures or binding decisions that may be required to comply with
these regulations, or otherwise synchronized with such procedures and
decisions as the Authority deems most appropriate to ensure effective
and timely evaluation of the environmental implications of the project
and adequate factoring into the relevant decisions.
(1)
The environmental impact assessment shall identify, Aspects to be
describe and assess in an appropriate manner, in the light of each addressed
Environmental
individual case, the direct and indirect significant effects of a project on Impact
Assessment.
the following factors, as detailed further in the Schedules
(a)
population and human health;
(b)
biodiversity and ecology, with particular but not
exclusive attention to species and habitats protected under other
national and European Union legislation, including the S.L.549.42.
Conservation of Wild Birds Regulations and the Flora, Fauna
and Natural Habitats Protection Regulations;
(c)
the physical environment, land, soil, water, air and
climate;
(d)
material assets, cultural heritage and the landscape;
(e)
the interaction between the factors referred to in
paragraph (a) to (d) above.
(2) The effects referred to in sub-regulation (1) on the factors
set out therein shall include the expected effects deriving from the
vulnerability of the project to risks of major accidents or disasters that
are relevant to the project or its location.
(1)
The provisions of these regulations shall apply Supplementary
notwithstanding, and without prejudice to, any other assessment as may provisions
other
be required by law, including but not limited to any assessment under: environmental
assessments.
the Flora, Fauna and Natural Habitats Protection Regulations, the S.L.549.44.
Strategic Environmental Assessment Regulations, the Industrial S.L.549.61.
Emissions (Framework) Regulations, the Industrial Emissions S.L.549.77.
(Integrated Pollution Prevention and Control) Regulations, the Water S.L.549.100.
Policy Framework Regulations and other relevant legislation.
(2) Where an assessment of the effects of a project on the
environment is also required by the Flora, Fauna and Natural Habitats L.549.44.
Protection Regulations, the Authority shall, where appropriate,
coordinate the individual assessments of the environmental impact of a
particular project in order to optimally fulfil the requirements of that
legislation as well as of these regulations. The Authority may also
adopt such coordinated approach with regard to the other legislation
mentioned in sub-regulation (1). In all instances, the Authority shall be
considered as the competent authority for the coordinated assessment.
(3) In the interest of improved synergy and avoidance of
duplication
(a)
an environmental impact assessment or screening
shall take into account the information produced by, and the
results of, other environmental assessments already carried out
under these regulations or under the legislation identified in
sub-regulation (1), insofar as relevant, available and still valid;
and
(b)
an assessment under the legislation identified in
sub-regulation (1) shall take into account the information
produced by, and the results of, environmental impact
assessments already carried out under these regulations, insofar
as relevant, available and still valid
Provided that, in both instances (a) and (b) hereof, the
current assessment shall not be constrained by, nor obliged to agree
with or rely on, the content, limitations or outcome of the previous
assessment.
(1)
In accordance with the requirements arising from
Regulation (EU) No. 347/2013 on guidelines for trans-European energy
infrastructure, the Authority shall ensure that for Projects of Common
Interest as defined in Annex IV of that Regulation, the environmental
assessment procedures arising from the requirements of these
regulations, the Conservation of Wild Birds Regulations, the Flora,
Fauna and Natural Habitats Protection Regulations and any other
relevant sectoral regulations, as appropriate, are to be carried out in
such a manner as to enable compliance with regulation 19 of the
Development Planning (Procedure for Applications and their
Determination) Regulations.
(2) Where the Minister is aware that a Project of Common
Interest in Malta is likely to have significant effects on the environment
in another State, or where a State is likely to be significantly affected,
the provisions of sub-regulation (1) shall also apply in addition to the
provisions of Part VII. The assessment shall also take into
consideration, as relevant, the Espoo Convention and the Aarhus
Convention.
PART IV
CRITERIA FOR SCREENING AND ASSESSMENT
(1)
Without prejudice to regulation 31, any proposal for
development listed under Category I of Schedule I shall require an
environmental impact assessment.
(2) Subject to sub-regulation (1), and without prejudice to Category II of
regulation 31, any proposal for development listed under Category II of Schedule
Mandatory
Schedule I, shall require screening by the Authority.
screening.
(3) The Authority may require an environmental impact Other projects
assessment or screening for a project which is not included in Schedule requiring
environmental
I if it is of the opinion that the project may have significant impact
assessment or
environmental impacts and that a normal development consent screening on a
application or an assessment other than provided by these regulations is case-by-case
basis.
not sufficient for their proper evaluation. In arriving at such
requirement, the Authority shall have regard to the criteria set out in
Schedule III.
(4) The provisions of sub-regulation (3) shall, mutatis mutandis,
also apply for projects which are not included in Schedule I and which
normally do not require an environmental impact assessment but
which, in the Authority’s opinion, can produce significant
environmental effects due to cumulation with other existing and/or
approved projects.
(5) During screening and assessment, the following provisions Environmental
impact
shall apply
assessment or
screening
requirements for
(a)
a requirement for an environmental impact
fait-accompli.
assessment or screening shall still apply notwithstanding that a
development or any relevant intervention has already been fully
or partly carried out without the required permission, or if the
site or its surrounding environment has been materially altered,
damaged or degraded. Such development, intervention,
alteration, damage or degradation as may be existent on site, as
well as any consequent environmental impacts, shall not
constitute a valid baseline and they shall be considered as a part
of the project for the purpose of assessment or screening, such
that no undue advantage is derived therefrom; and
(b)
where any aspect of the environmental impact
assessment or screening, or the overall environmental merits of
the case or any relevant mitigation measures, have been
significantly prejudiced or rendered ineffective, due to such
illegal development, intervention, alteration, damage or
degradation, the Authority may also recommend to the
permitting authority to ensure that the decisions taken on the
project are no more favourable to the person responsible for, or
otherwise benefiting from, the illegality or distortion than if the
environmental impact assessment were duly carried out in the
absence of any such illegality or distortion.
(6) A project which requires, or may require, an environmental
impact assessment or screening shall not be fragmented into smaller
projects if this would
(a)
result in the omission or circumvention of the
required comprehensive assessment of the overall project, or of
any other requirement arising from these regulations; or
(b)
adversely affect the integrity, effectiveness,
transparency, consistency, feasibility or timeliness of the
assessment or screening, or of any decision, consultation or
commitment on the project; or
(c)
in any way present a misleading or understated
indication of the actual nature, scale, extent, likely evolution or
implications of the project; or
(d)
result in any premature or insufficiently informed
decision or commitment
Provided that the bona fide phasing of a project, or the
subdivision of the project into mutually coordinated applications for the
purpose of improved processing, shall not be deemed to fall within the
scope of this sub-regulation if the Authority is satisfied that the relative
submissions provide a reasonably comprehensive, fair and transparent
indication of the full project and its actual implications, such that both
the assessment and all relevant decision-making and consultations can
be undertaken in their proper context and the concerns identified in
paragraphs (a) to (d) are not relevant.
(7) The provisions of sub-regulation (6) shall, mutatis mutandis
also be applicable to a group of projects which are inter-dependent,
mutually connected or physically overlapping, or which follow on from
one another.
PART V
SCREENING AND ASSESSMENT PROCEDURES
The Authority shall, at the earliest appropriate moment,
undertake vetting to determine whether a project submitted for its
consideration falls under these regulations, This regulation shall apply
irrespective of whether there currently is an application for
development consent, as long as the Authority is satisfied that there is
sufficient information for proper vetting, and without prejudice to any
additional considerations, issues and objections that the Authority may
have on the project. The outcome of such vetting may be
communicated in writing to the developer or to the permitting
authority, or both, as relevant. The provisions of sub-regulation (4) of
regulation 15 shall also apply, mutatis mutandis, to vetting.
(1)
Should the vetting undertaken by the Authority Project
indicate that the project qualifies for an environmental impact description
statement.
assessment or for screening, a project description statement compliant
with the provisions of Schedule II shall be required, if the project is to
be considered any further.
(2) The project description statement shall be submitted by the
developer, or his appointed consultant, upon request or agreement by
the Authority, and shall
(a)
provide information on the characteristics of the
project and its site, and on the likely impacts on the
environment, as detailed further in Schedule II;
(b)
take into account, where relevant, the available
results of other environmental assessments as indicated in sub-
regulation (1) of regulation 8; and
(c)
identify any characteristics or measures envisaged
to avoid or prevent any significant adverse impacts on the
environment.
(3) The project description statement may also include other
relevant information as may be reasonably necessary or appropriate for
proper screening, whilst avoiding content that does not add value to, or
which may distort, the screening or any eventual assessment. The
Authority may also require any such information or content to be
submitted, removed, corrected or amended, and may also direct that
such changes be a part of the project description statement or a separate
document.
(4) The developer shall be responsible for ensuring that the
information in the project description statement presents a complete
and faithful representation of the project, the site, and the expected
changes to any site affected by the project and its ancillary
requirements. The project description statement shall duly reflect the
final version of the project and shall be consistent with the relevant
applications for development consent and vice versa.
(5) If a project description statement required by the Authority
is not submitted as provided in sub-regulations (2) to (4) or is not to the
Authority’s satisfaction, the Authority may inform or remind the
developer accordingly, or may apply the provisions of regulation 31, as
it deems reasonable and appropriate.
(6) The Authority shall make the project description statement
available to the public, through its website.
Wherever relevant, projects that fall within the scope of
these regulations shall require a sufficiently detailed and reasonably
exhaustive initial appraisal of potentially suitable alternatives, on the
basis of their technical merits, feasibility, and environmental
implications and impacts, in the interest of streamlining and optimizing
the subsequent assessment process.
(1)
The Authority shall undertake a screening on the
basis of the information provided in the project description statement
and any other information or investigations as deemed appropriate by
the Authority. The screening shall determine whether a project falling
within the scope of regulation 10 (but not covered by Category I of
Schedule I) is likely to have significant environmental effects in terms
of the relevant criteria listed in Schedule III, whether an environmental
impact assessment is required, and whether any other provisions of
these regulations should be applicable.
(2) In arriving at a screening outcome, the Authority may take
into account any considerations and parameters that it deems
appropriate and reasonable, as long as it is of the opinion that, if the
project is to be considered further
(a)
they are realistic, feasible, reliable, sufficient,
enforceable and within the developer’s actual control; and
(b)
all the required provisions to secure their effective
implementation can be duly addressed in any subsequent grant
of development consent.
(3) If the screening concludes that no environmental impact
assessment is required, the considerations and parameters influencing
such screening may form an integral part of the Authority’s
recommendations on the project, without prejudice to the applicability
of regulations 31 and 32.
(1)
The Authority shall inform the developer of the
screening outcome in writing not later than 30 calendar days after it
receives the project description statement duly prepared in conformity
with regulation 12. In cases relating to, inter alia, the nature,
complexity, location or size of the project, the Authority may extend
that deadline provided that it shall inform the developer in writing,
giving reasons for the extension and indicating a reasonable date when
the screening outcome is expected.
(2) Once the Authority notifies the developer that the project
requires an environmental impact assessment according to these
regulations, the developer shall, within 30 calendar days of notification
and unless he decides to contest this outcome before the Tribunal in
accordance with Part X, inform the Authority in writing that he will
undertake the environmental impact assessment within a reasonable
time period. Such time period shall be clearly specified by the
developer and shall be subject to agreement by the Authority. If the
developer does not comply with this sub-regulation, the provisions of
sub-regulation (1) of regulation 6 shall apply, without prejudice to
regulation 31.
(3) The screening determination for projects not covered by
Category I of Schedule I, including any supporting justification and any
ancillary conditions, assumptions and parameters, shall be made
available to the public on the Authority’s website, also stating, with
reference to the relevant criteria listed in Schedule III
(a)
where an environmental impact assessment is
required, the main reasons for such requirement; and
(b)
where an environmental impact assessment is not
required, the main reasons for not requiring such assessment,
and the main features or measures proposed by the developer to
avoid or prevent significant adverse effects on the environment,
as well as any other important conditions considered relevant by
the Authority.
(4) Any materially significant changes effected to the project
after a screening determination has been already issued shall ipso facto
invalidate such screening determination if the information,
considerations and assumptions on which the screening was based
cease to be valid or are no longer met to the Authority’s satisfaction.
Any commitment, requirement or exemption arising, or deemed to have
arisen, from the invalidated screening outcome shall also lapse ipso
facto. The permitting authority shall ensure that, in the event of any
such changes or if there is reasonable uncertainty as to the whether any
changes fall within the scope of this sub-regulation, or if the Authority
so requests, the project is duly referred again to the Authority to
confirm whether the previously issued screening outcome is still valid
or otherwise. Should the Authority determine that the previous
screening outcome is superseded, the updated screening outcome
together with any new or amended terms as issued by the Authority
shall apply instead.
(5) The provisions of sub-regulations (1), (2) and (3) shall,
mutatis mutandis, also apply, in respect of any updated screening
outcome pursuant to sub-regulation (4).
(1)
After the developer has complied with sub-
regulation (2) of regulation 15, the Authority shall initiate scoping. The
terms of reference for the environmental impact assessment shall be
based on the information established in Schedule IV, and shall specify
the information that may be required for reaching an informed
conclusion on the significant effects of the project on the environment,
taking into account the screening outcome. The environmental impact
assessment shall, with a view to avoiding duplication of assessments as
well as to optimize the quality of the assessment, take into account the
information contained in, and results of, other relevant environmental
assessments and studies undertaken in terms of these regulations or
under any other legislation, insofar as such information is relevant,
reasonably available and still appropriate.
(2) The Authority shall invite
(i)
Government entities as the Authority deems
relevant;
(ii) the local councils responsible for the
localities where the project, including its ancillary
infrastructure, is proposed to be sited;
(iii) other local councils that in the opinion of the
Authority are likely to be affected by the project or its
ancillary infrastructure; and
(iv) the public, and the public concerned;
to make recommendations and ancillary reasoned justifications
on any relevant matters that merit inclusion in the terms of
reference, within 30 calendar days of such notification. The
Authority shall also inform the developer in writing of the names
and addresses of the Government entities and local councils so
notified. The Authority shall have the right to factor any
recommendations in its terms of reference as well as to partly
adopt or decline them as it deems most appropriate. The Authority
may also request further clarification or information from the
afore-mentioned parties.
(3) Prior to the setting of the terms of reference, the Authority
may convene
(i) one or more scoping meetings, when it is
considered by either party that the proposed project is of
major significance because of its nature, scale, location,
hazardous properties or other reasons; and or
(ii) one or more meetings between the Authority
and the developer,
and the reasonable cost of such meetings, if any, shall be borne by
the developer.
(4) Following these consultations, the Authority shall formulate
draft terms of reference for the EIA report. The Authority shall give the
developer and the coordinator, if already appointed in accordance with
these regulations, the opportunity to propose amendments thereto for
the Authority’s consideration. Thereafter, the Authority shall issue the
final terms of reference for the assessment, without prejudice to the
provisions of these regulations and to any further requirements or
modifications at a later stage in the light of the evolution and findings
of the assessment itself.
(5) The Authority shall communicate a copy of the final terms
of reference to the developer. The final terms of reference for the
environmental impact assessment shall also be available to the public
through the Authority’s website.
(6) Notwithstanding the provisions of sub-regulations (2) to (5),
the Authority may adapt or modify the terms of reference set out for an
environmental impact assessment, with due justification, at any time
according to the environmental considerations relevant to the project,
and the provisions of these regulations shall apply. The information
provided to the public in line with sub-regulation (5) shall be updated
accordingly.
(1)
The developer shall be responsible for Commissioning
of EIA reports.
commissioning an EIA report in accordance with these regulations.
(2) The consultants carrying out the EIA report shall be Assessment
professionals, independent and impartial, and shall be duly competent consultants.
experts in the respective areas of the assessment. The consultants shall
be registered in accordance with the provisions of the Act once such
registration mechanism enters into force, and must also follow the
regulations, procedures, rules and guidelines established by the
Authority and by the Registration Board. The consultants shall be led
and managed by a coordinator, who shall be responsible for the overall
content and presentation of the EIA report.
(3) The consultants shall be required to sign a declaration that
they have no conflict of interests that may affect any aspect covered by
these regulations. Such declaration shall follow the terms and
specifications established by the Authority.
(1)
The EIA report shall cover all the requirements EIA report.
specified in the terms of reference issued by the Authority, and shall
include at least
(a)
a description of the project, including information
on the design, size and other relevant features;
(b)
a description of the project site and its
surroundings, including their environmental characteristics;
(c)
a description of the likely significant effects of the
project on the environment;
(d)
a description of the features of the project and/or
measures envisaged in order to avoid, prevent or reduce and, if
possible, offset any likely significant adverse effects on the
environment;
(e)
a description of the reasonable alternatives studied,
which are relevant to the project and its specific characteristics,
and an indication of the main reasons for the option chosen,
taking into account the effects of the project on the
environment; and
(f)
any additional information specified in Schedule
IV as relevant to the project and to the environmental features
likely to be affected.
(2) The EIA report shall
(a)
be in either the Maltese or English language or
both, as most appropriate in relation to the nature of the project,
the site context, the public concerned and any international or
transboundary relevance;
(b)
contain a non-technical summary of the
information referred to in sub-regulation (1), which shall be a
separate document presented in both the Maltese and English
languages; and
(c)
list the names of the consultants and contributors
responsible for the preparation of the EIA report, technical
studies, appendices, non-technical summary and other
components of the report, clearly identifying their respective
contributions and responsibilities.
(3) The technical studies shall be attached to the EIA report in
the form of appendices or annexes.
(4) The consultants shall ensure the professional and scientific Quality control.
integrity, veracity, coherence, concreteness, transparency, completeness
and effectiveness of the content, discussions, analyses and
recommendations in the EIA report. To this effect, it shall be the
consultants’ responsibility to ensure that, inter alia
(a)
the analysis is presented in a clear, impartial,
intelligible and user-friendly manner, in summary, tabular,
graphical, map, diagrammatic or pictorial formats and in a
descriptive manner, as appropriate;
(b)
the techniques and methods used in the analysis
and predictions are clearly described;
(c)
adequate methodology is used, including
appropriate timing, duration and frequency of any
investigations, surveys and sampling as well as any required
provision for any relevant seasonal variation to ensure a
sufficiently representative and complete picture of any likely
impacts;
(d)
all assumptions and conditionalities, and their
underlying reasoning, as well as any difficulties encountered
and any relevant information that is incomplete, lacking,
unclear or unavailable, are clearly and specifically indicated, are
reasonable and realistic, and are limited to a minimum through
appropriate investigation;
(e)
all references to published works and sources of
information are duly acknowledged, in such a manner as to
enable access to, as well as verification, analysis and or
contestation of, the source as relevant;
(f)
the various reports constituting the EIA report are
written in coordination with one another and presented in a
coherent manner;
(g)
the EIA report is not limited to a factual description
of the situation and its projected evolution, and clearly identifies
the likely environmental consequences; and
(h)
recommendations are tangible, specific and
realistically implementable, are not dependent on factors
beyond the developer’s control, and are truly effective in
addressing the identified impacts, risks and uncertainties.
(5) If any information cannot be realistically obtained or can
only be obtained limitedly, the consultants shall include within the EIA
report
(a)
a justification as to why such information is
incomplete or unavailable, as well as an explanation of the
relevance of such information; and
(b)
a summary of existing credible evidence, or any
alternative investigation based upon theoretical approaches,
extrapolation or interpolation, or research methods generally
accepted in the scientific community, which would provide a
reasonable alternative basis for assessment.
(6) The provisions of sub-regulations (4) and (5) shall not
preclude the Authority from verifying the justification for any claimed
limitation, nor from requiring rectification of unjustified limitations.
(7) In the event that the Authority has any reasonable and
significant doubt about the quality, sufficiency or impartiality of the
EIA report or any part thereof, or any other significant concern that
cannot be addressed effectively and in accordance with the provisions
of regulation 21, the Authority may commission an independent
assessment at the expense of the developer and may establish such
time-frames as it deems fit for this purpose. The Authority shall inform
the developer of its intention before such commissioning and shall, in
writing, ask the developer whether he wishes to proceed with the
assessment or not. The provisions of regulation 6 shall apply, mutatis
mutandis.
(8) The Authority shall ensure that it has, or has access to,
sufficient expertise to analyse, verify and examine the EIA report and
any other documentation relevant to these regulations.
(9) Government entities and local councils shall make available
to the consultants, upon the developer’s or the consultants’ request, any
information which they have in their possession and which may be
relevant to the environmental impact assessment, provided that they
shall not be required to disclose any information which, in terms of any
law or code of practice, is considered to be confidential or secret. A
reasonable charge covering the costs of providing the information may
be made by the body supplying the information in accordance with this
sub-regulation, and the costs shall be borne by the developer. The
provisions of this sub-regulation shall, mutatis mutandis, also apply to
any assessment pursuant to sub-regulation (7).
(10) Notwithstanding the content of the terms of reference, the
Authority may, at any stage of the environmental impact assessment,
seek from the developer, from the coordinator, from another
Government entity or from any other person or combination thereof
any supplementary information or communication which is relevant to
reaching the reasoned conclusion on the project and its significant
effects on the environment.
(1)
On official submission of the EIA report to the Submission of
Authority, notices indicating such submission shall be published by the EIA report.
developer in at least one daily or weekly newspaper in Maltese and one
in English, and by the Authority on the Authority’s website. The
notices shall be in accordance with any guidelines issued by the
Authority and shall also follow any other requirement established by
the Authority, and shall stipulate a period of not less than thirty (30)
calendar days during which the EIA report shall be available for
inspection and written comments, which are to be submitted to the
Authority.
(2) The EIA report shall be made available to
(a)
the relevant Government entities;
(b)
the local council which is responsible for the
locality where the project is proposed;
(c)
other local councils that in the Authority’s opinion
are likely to be affected by the project or by its ancillary
requirements; and
(d)
the public, and the public concerned;
on the Authority’s website, and at the Authority’s offices and
through any other means or venues as the Authority may deem
appropriate, and may be inspected throughout the period
stipulated in accordance with sub-regulation (1) on such days and
during such times as the Authority deems proper.
(3) All expenses incurred in fulfilment of this regulation shall
be paid by the developer.
(1)
Following expiry of the time period established in Public hearing.
sub-regulation 19(1), the Authority shall arrange for a public hearing to
take place at a suitable venue, within the same locality in which the
project is proposed but not within the developer’s property. At this
hearing, the public may comment on, and enquire about, the EIA report
as well as the proposed project and its impacts, and may request any
relevant information and clarifications.
(2) The Authority shall give at least fifteen calendar days’
notice of the public hearing, indicating the date, time and venue of the
hearing, by means of an advertisement published in at least one daily or
weekly newspaper in Maltese and one in English. The notice shall also
be given on the Authority’s website.
(3) The Authority or a person acting on its behalf shall chair the
public hearing and shall coordinate the proceedings thereof, and shall
give every person present at the hearing reasonable opportunity to
participate in accordance with sub-regulation (1).
(4) All expenses in relation to the fulfilment of this regulation
shall be borne by the developer.
(5) The coordinator shall ensure, as much as reasonably
possible, that the relevant consultants are available for the hearing, or
that appropriate alternative arrangements are made for provision of
adequate information and replies to the public present at the hearing.
(6) Wherever a public hearing is required in accordance with this
regulation
(a)
the Authority shall duly record the comments,
enquiries and requests made during the public hearing; and
(b)
the public may make any additional written
submissions to the Authority up to seven calendar days after the
public hearing.
(7) Subject to regulation 10, the provisions of sub-regulations
(1) to (6) shall not apply to environmental impact assessments carried
out for projects other than those listed in Category I of Schedule I,
unless the Authority considers that a public hearing should still be held.
(1)
The submissions, comments, enquiries and requests
submitted or recorded in accordance with regulations 19 and 20 shall be
collated into a report by the Authority and sent to the coordinator for
his response. The coordinator’s response shall be submitted to the
Authority, and the Authority may raise additional considerations itself,
and or refer it to other public entities or to the public concerned for
information, comments or further guidance as it deems relevant. The
report including all relevant responses shall be presented in an
appendix to the EIA report.
(2) The EIA report may be further revised in the light of any
material considerations arising from sub-regulation (1), and the
resulting version shall be considered as the concluded EIA report.
Wherever the Authority considers appropriate for the purpose of
simplification and transparency, it may accept or require the submission
of such revisions as an addendum to the EIA report, instead of
resubmission of the entire EIA report.
(1)
The coordinator shall submit to the Authority such Copies of the
number of digital and printed copies of the concluded EIA report as the EIA report.
Authority may reasonably establish.
(2) The Authority shall keep at least a digital copy and one
printed copy of the concluded EIA report, and of any official
documents connected therewith.
(3) Without prejudice to any additional provision of these
regulations, the concluded EIA report shall be made available on the
Authority’s website or otherwise in accordance with the Freedom of
Access to Information on the Environment Regulations, and, where not S.L.549.39.
specifically regulated by such regulations, with the Freedom of Cap. 496.
Information Act.
(4) The Authority may reproduce or quote the contents of the
concluded EIA report, and of any other earlier version submitted to it.
(1)
The Authority shall analyse the concluded EIA Final
report and shall prepare its own final assessment. This final assessment assessment
the Authority.
shall be made publicly available on the Authority’s website. Adequate
reference to this final assessment shall be included in all relevant
permit application reports compiled by the permitting authority in
accordance with the provisions of the relevant legislation.
(2) In arriving at its position in accordance with sub-regulation
(1), the Authority shall not be bound by the conclusions reached in the
EIA report prepared by the consultants. However, it shall give due
regard to the conclusions of such report, including any relevant
ancillary documentation as well as the comments thereon received
pursuant to these regulations. Whether it agrees with or does not agree
with the conclusions reached by the report in whole or in part, the
Authority shall give adequately detailed reasons for its position.
(3) Wherever the available information is deemed by the
Authority to be insufficient for acceptable decision-taking on the
project or wherever the Authority deems that the risk factor or hazard
factor or both are too high, the Authority shall adopt the precautionary
principle. This sub-regulation shall apply notwithstanding the
provisions of regulation 18.
(4) The Authority’s report shall also include all relevant
consultation submissions and replies, and minutes of the consultation
meetings, as appendices or annexes.
PART VI
SUSPENSION, REACTIVATION, UPDATING AND
DISCONTINUATION OF ENVIRONMENTAL IMPACT
ASSESSMENTS
Without prejudice to regulation 31, the Authority
may suspend an environmental impact assessment process, including
any screening, at any stage if
(a)
in its opinion, the project proposal or the situation
on site, or both, have been modified or updated in a substantial
manner such that the details currently being assessed or
screened are superseded, superfluous, outdated, insufficient or
no longer representative of the actual situation; or
(b)
any significant flaw, malpractice or distortion is
discovered vis-à-vis the already-initiated assessment or
screening, or the situation on site, or both.
(2) At any stage following suspension under sub-regulation (1),
the Authority may, as it deems most appropriate taking into account the
factors that have led to the suspension
(a)
reactivate the processing; or
(b)
reactivate the processing subject to the required
updates or corrections; or
(c)
direct that the process be resumed at an earlier
(d)
order further screening or scoping in terms of these
regulations, or both; or
(e)
apply the provisions of regulations 6, 31 or 33, or a
combination thereof; or
(f)
adopt a combination of the above listed measures.
(3) Wherever the Authority is of the opinion that the
environment context of the project or situation on site has materially
changed after the completion of an environmental impact assessment, it
(a)
require that the existing assessment or any
documentation related thereto be updated accordingly to its
satisfaction, or that any additional documentation be submitted
to its satisfaction. The Authority shall decide, at its discretion,
whether the project merits fresh screening or fresh scoping or
both; or
(b)
require a fresh assessment in line with these
regulations to replace the superseded assessment. The new
assessment shall follow the normal procedures prescribed in
these regulations for the project under consideration, and
accordingly such screening and scoping shall both be required.
(4) An environmental impact assessment shall be considered as Discontinuation
of
automatically discontinued in the event that
environmental
impact
assessment.
(a)
the relevant application for development consent
has been lawfully refused or dismissed; or
(b)
the environmental impact assessment is pursuant to
a permit, licence, concession or commitment which has since
expired, or has been revoked or invalidated or has been quashed
by a Court established by law; or
(c)
any submission requested by the Authority which
is materially relevant to the assessment, has remained pending
notwithstanding the lapse of at least two calendar years.
In such instance, no further action by the Authority shall be
required, and the provisions of sub-regulation (1) of regulation 6 and
Part IX shall apply ipso facto.
(5) If, in the Authority’s opinion, an environmental impact
assessment is taking an unreasonably long time in excess of five (5)
years to be duly concluded or there are any unjustified delays the
Authority may summarily interrupt that assessment and shall inform
the developer accordingly in writing, without prejudice to the other
provisions of these regulations.
(6) The provisions of this regulation shall, mutatis mutandis,
also be applicable to the project description statement and to any other
documentation submitted, or requested, in terms of these regulations.
PART VII
TRANSBOUNDARY IMPACTS
(1) Bla ħsara għar-regolament 31, l-Awtorità tista’
tissospendi l-proċess ta’ valutazzjoni tal-impatti ambjentali, inkluż
kull eżami tar-rilevanza, fi kwalunkwe stadju jekk
(a) fil-fehma tagħha, il-proposta tal-proġett jew is-
sitwazzjoni fuq il-post, jew it-tnejn li huma, ġew modifikati jew
aġġornati b'mod sostanzjali b'tali mod li d-dettalji li bħalissa qed
jiġu valutati jew eżaminati huma ssuperati, superfluwi, skaduti,
insuffiċjenti jew m’għadhomx jirrispekkjaw is-sitwazzjoni
attwali; jew
(b) jinstab xi difett sinifikattiv, prattika ħażina jew
tagħwiġ fil-konfront tal-valutazzjoni jew eżami diġà mibdija,
jew fil-konfront tas-sitwazzjoni fuq il-post, jew fil-konfront tat-
tnejn li huma.
(2) Fi kwalunkwe stadju wara s-sospensjoni skont is-
subregolament (1), l-Awtorità tista', hekk kif jidhrilha li hu l-aktar
xieraq wara li jitqiesu l-fatturi li wasslu għas-sospensjoni
(a)
tattiva l-ipproċessar mill-ġdid; jew
(b) tattiva l-ipproċessar mill-ġdid bla ħsara għall-
aġġornamenti jew korrezzjonijiet meħtieġa; jew
(ċ)
tordna li l-proċess jitkompla minn stadju aktar bikri;
jew
(d) tordna eżaminar tar-rilevanza jew definizzjoni tal-
ambitu ulterjuri skont dawn ir-regolamenti, jew it-tnejn li huma;
jew
(e) tuża d-dispożizzjonijiet tar-regolamenti 6, 31 jew 33,
jew kombinazzjoni tagħhom; jew
(f)
tadotta kombinazzjoni tal-miżuri elenkati hawn fuq.
(3) Kull fejn l-Awtorità tkun tal-fehma li l-kuntest ambjentali
tal-proġett jew is-sitwazzjoni fuq is-sit inbidlu materjalment wara t-
tlestija ta’ valutazzjoni tal-impatti ambjentali, tista'
(a) tesiġi
li
l-valutazzjoni
eżistenti
jew
xi
dokumentazzjoni relatata tiġi aġġornata kif imiss għas-
soddisfazzjon tagħha, jew li jiġu sottomessi xi dokumenti
ulterjuri għas-soddisfazzjon tagħha. L-Awtorità għandha
tiddeċiedi, skont ma jidhrilha hi, jekk il-proġett jistħoqqlux
eżami tar-rilevanza mill-ġdid jew definizzjoni tal-ambitu mill-
ġdid, jew it-tnejn li huma; jew
(b) tesiġi li ssir valutazzjoni ġdida skont dawn ir-
regolamenti sabiex tieħu post il-valutazzjoni antikwata. Il-
valutazzjoni l-ġdida għandha ssegwi l-proċeduri normali
stabbiliti f’dawn ir-regolamenti għall-proġett li qed jiġi
kkunsidrat, u għaldaqstant għandhom ikunu meħtieġa kemm l-
eżami tar-rilevanza kif ukoll id-definizzjoni tal-ambitu.
(4) Il-valutazzjoni tal-impatti ambjentali għandha titqies li Tmiem ħesrem
ta’
ntemmet b’mod awtomatiku jekk
valutazzjonijiet
tal-impatti
ambjentali.
(a) l-applikazzjoni rilevanti għall-kunsens għall-iżvilupp
tkun ġiet miċħuda jew skartata skont il-liġi; jew
(b) il-valutazzjoni tal-impatti ambjentali tkun is-segwitu
ta’ xi permess, liċenzja, konċessjoni jew impenn li fil-frattemp
skada, jew ġie revokat jew invalidat jew ġie annullat minn Qorti
stabbilita bil-liġi; jew
(ċ) xi sottomissjoni mitluba mill-Awtorità, li tkun
materjalment rilevanti għall-valutazzjoni, tkun għadha pendenti
minkejja li jkunu għaddew mill-inqas sentejn kalendarji.
F'dak il-każ, m’għandha tinħtieġ ebda azzjoni ulterjuri
mill-Awtorità, u d-dispożizzjonijiet tas-subregolament (1) tar-
regolament 6 u t-Taqsima IX għandhom jgħoddu ipso facto.
(5) Jekk, fil-fehma tal-Awtorità, xi valutazzjoni tal-impatti
ambjentali tkun qed tieħu żmien irraġjonevolment twil li jkun aktar
minn ħames (5) snin biex tiġi konkluża kif suppost jew ikun hemm
kwalunkwe dewmien mhux ġustifikat, l-Awtorità tista’ tinterrompi dik
il-valutazzjoni sommarjament u għandha tinforma lill-iżviluppatur
dwar dan bil-miktub, bla ħsara għad-dispożizzjonijiet l-oħra ta’ dawn
ir-regolamenti.
(6) Id-dispożizzjonijiet ta’ dan ir-regolament għandhom
jgħoddu wkoll, mutatis mutandis, għad-deskrizzjoni tal-proġett u għal
kwalunkwe dokumentazzjoni oħra ppreżentata, jew mitluba, skont
dawn ir-regolamenti.
TAQSIMA VII
Impatti transkonfinali
(1)
Where the Minister is aware that a project in Malta Transboundary
may have significant effects on the environment in another State, or impacts
projects in
where another State that may be affected so requests in line with the Malta.
provisions of the Directive or of the Convention, the Minister shall
notify that State, as soon as possible and not later than when the public
in Malta is informed in accordance with these regulations, and shall
include the following information
(a)
information on the project and its location, together
with the available information on the possible transboundary
impacts;
(b)
information on the nature of the possible decisions;
and
(c)
any other information which the Minister deems
reasonable,
the Minister shall also give that State, hereinafter referred to as
"the interested State", thirty calendar days within which to
indicate whether it wishes to participate in the environmental
decision-making procedures, including the development consent
procedure, the environmental impact assessment and or scoping,
as may be relevant.
(2) If another State considers that the environment under its
jurisdiction is likely to be adversely affected by a project which is
proposed to be carried out in Malta and which is within the scope of
these regulations, but no notification has taken place in accordance
with sub-regulation (1), the Minister shall, at the request of that State,
exchange sufficient information for the purposes of holding discussions
on whether there is likely to be a significant adverse transboundary
impact.
(3) If, pursuant to sub-regulations (1) and (2), the interested
State indicates to the Minister that it intends to participate in such
procedures, the Minister shall, if he has not already done so, send to
that State the required information as laid down in these regulations
and, once it is submitted to the Authority, the EIA report.
(4) The interested State may enter into consultations with the
Minister concerning, inter alia
(a)
the potential transboundary effects of the project;
(b)
possible alternatives to the project, including the
no-action alternative where relevant;
(c)
measures to prevent, reduce, eliminate or offset any
significant transboundary impacts;
(d)
monitoring of the effects of such measures, and of
the project;
(e)
possible mutual assistance in preventing, reducing,
eliminating or offsetting any significant adverse impact of the
project; and or
(f)
any other appropriate matters as relevant to the
project.
To this effect, the interested State shall agree with the Minister on
a reasonable time-frame for the consultation period, taking into account
the nature, scale and characteristics of the proposed project and its
location. The interested State shall also promptly provide the Minister
with information relating to the environment under its jurisdiction
which may potentially be adversely affected, where such information is
necessary or relevant for the assessment.
(5) The interested State may arrange for the information to be
made available, within a reasonable time, to the relevant authorities and
the public in its territory such that they can forward their opinion within
a reasonable time and participate effectively in the relevant
environmental decision-making procedures before any consent for the
project is granted. Within the time-frame established through the
provisions of sub-regulation (4), the interested State shall forward its
opinion to the Minister, who shall in turn forward such opinion to the
Authority.
(6) The Minister shall provide to the interested State
information about
(a)
the final decision on the proposed project;
(b)
the reasons and considerations on which the
decision was based;
(c)
the terms and conditions attached to the decision,
including the relevant measures to avoid, reduce, or offset the
major adverse effects;
(d)
the public participation process; and
(e)
any other ancillary information which the
interested State may reasonably request in line with the
Directive or the Convention, or which the Minister deems
appropriate.
The interested State may make such information available in an
appropriate manner to the public concerned in its own territory.
(7) If additional information on the significant transboundary
impact of a project proposed in Malta, which was not available at the
time a decision was made and which could have materially affected the
decision, becomes available to the Minister or to an interested State
before work on the project commences, the Minister shall immediately
inform the interested State and vice-versa, as relevant. In such
instances, any one or both parties may request that consultations be
held on whether the decision needs to be revised.
(8) Where the monitoring of a project or any other post-project
analysis reveals any significant adverse transboundary impacts or any
factors that may result in such impacts, the Minister shall immediately
inform the interested State or vice-versa, as relevant. Both parties shall
then enter into consultations on the measures that should be undertaken
to prevent, reduce, eliminate or offset such impact, including any
mutual assistance to this effect.
(9) The transmission of information to the interested State, and
the receipt of information by such State, shall be subject to the
limitations contained in any law in force in Malta.
(1)
The Minister shall have the right to be notified by
another State about any project in that State which may have a
potentially significant effect on the environment in Malta, as soon as
possible and no later than when the public in that same State is
informed. The Minister shall respond to any such notification,
acknowledging receipt and indicating whether Malta intends to
participate in the relevant procedures in line with this regulation.
(2) Where, following such notification, the Minister is of the
opinion that a project proposed in another State may have a potentially
significant effect on the environment in Malta, or where the Minister
deems appropriate in line with the provisions of the Directive or of the
Convention, he shall as soon as possible and within the time-frame
specified in the notification, inform the State in which the project is to
be undertaken, of Malta’s request to participate in the environmental
decision-making procedures in that State, including the development
consent procedure, the environmental impact assessment and or
scoping, as may be relevant, and he shall request the information listed
in sub-regulation (1) of regulation 25.
(3) If the Minister considers that the environment under Malta’s
jurisdiction is likely to be adversely affected by a project which is
proposed to be carried out in another State, but no notification has taken
place in accordance with sub-regulations (1) and (2), the Minister shall
as soon as possible request that State to exchange sufficient information
for the purposes of determining whether there is likely to be a
significant adverse transboundary impact such that the matter should be
followed up further in line with this regulation.
(4) The Minister shall forward to the Authority the information
indicated in sub-regulations (2) and (3), as relevant. The Authority shall
make this information available to the consultees and the public in
Malta such that they can forward their opinion and participate
effectively in the environmental decision-making procedures before
any consent for the project is granted, and may apply any provisions of
these regulations as it deems relevant and appropriate to this effect. The
Minister shall also seek an agreement with the State in which the
project is to be undertaken on a reasonable time-frame for consultation,
taking into account the nature, scale and characteristics of the proposed
project and its location. The Minister shall also promptly provide that
State with reasonably obtainable information relating to the potentially
affected environment under Malta’s jurisdiction, where such
information is necessary or relevant for the assessment.
(5) The Minister, acting on the advice of the Authority and
taking into consideration the comments of the public, shall enter into
consultations with the State in which the project is to be undertaken
concerning, inter alia, the considerations listed in sub-regulation (4) of
regulation 25.
(6) The State in which the project is to be undertaken shall
provide to the Minister information about the aspects listed in
paragraphs (a) to (d) of sub-regulation (6) of regulation 25, and any
other ancillary information which the Minister may reasonably request
in line with the Directive or the Convention. When the Minister
receives such information, he shall provide a copy thereof to the
Authority which shall then publish it through at least one daily or
weekly newspaper in Maltese and one in English, and on the
Authority’s website.
(7) If additional information on the significant transboundary
impact of a project proposed in another State, which was not available
at the time a decision was made and which could have materially
affected the decision, becomes available to the Minister or to that State
before work on that project commences, the Minister shall immediately
inform the other State and vice-versa, as relevant. In such instances,
any one or both parties may request that consultations be held on
whether the decision needs to be revised.
(8) Where the monitoring of a project or any other post-project
analysis reveals any significant adverse transboundary impacts or any
factors that may result in such impacts, the Minister shall immediately
inform the State in which the project is to be undertaken or shall ensure
that such State immediately informs him, as relevant. Both parties shall
then enter into consultations on the measures that should be undertaken
to prevent, reduce, eliminate or offset such impact, including any
possible mutual assistance to this effect.
(9) The transmission of information by the State in which the
project is to be undertaken, and the receipt of such information by the
Minister, shall be subject to the limitations in force in the State in which
the project is to be undertaken.
For the purposes of both regulations 25 and 26
(a)
Discussions, consultations and provision of
information may also be conducted through an appropriate joint
body, where one exists.
(b)
In the exercise of his rights, duties and functions,
the Minister shall act on the advice of the Authority. The
Authority, as well as all other relevant Government entities,
shall furnish the Minister with all such documentation,
information and advice as he requests.
(1)
The Minister, acting on the advice of the Authority,
may enter into discussions with another State to determine whether a
project, or combination of projects, not listed in Schedule I or in the
legislation of that State is likely to cause a significant adverse
transboundary impact such that the provisions of regulation 25 or
regulation 26, as relevant, should apply.
(2) The Minister shall ensure that any disagreements or disputes
with another State on matters relating to these regulations, including
differences of opinion on whether a significant transboundary impact is
likely or on the procedures or time-frames to be followed, are settled in
line with the provisions of the Directive and the Convention, as
relevant.
(3) The Minister may also enter into any other bilateral or
multilateral agreements with other States on matters related to
environmental impact assessment, as he deems appropriate in line with
the provisions of the Directive and the Convention, as relevant.
PART VIII
DECISION-TAKING AND MONITORING
The Authority shall be satisfied that the conclusions reached
by the consultants, as well as its own final assessment in terms of
regulation 23 and any other environmentally relevant conclusions,
decisions and recommendations, are still up to date when the relevant
permitting decisions, and other commitments in relation to the project,
are made or taken by the permitting authority and the environmental
impact assessment is or may be relevant to those decisions or
commitments. The Authority’s final assessment shall remain effective
as long as the proposal and the relevant documentation, including plans
and drawings, on the basis of which the assessment was made, have not
been changed or altered in any manner deemed by the Authority as
significant. In deciding the validity of such assessment, the Authority
may also consider any time lapse between the date of its final
assessment and the decision taking.
The procedures for notification, public participation and Public
availability of information to the public, in relation to development participation,
notification &
consent decisions shall follow the provisions of the Development availability
information.
Planning Act and other permitting legislation and their subsidiary Cap. 552.
regulations.
(1)
The Authority may at any stage recommend to the Supplementary
permitting authority that permission for a proposed project falling provisions
development
within the scope of these regulations be refused, dismissed, or consent.
otherwise restricted, if it is of the opinion that
(a)
the information provided in the application or
proposal, or in any documentation required in terms of these
regulations, or in any other relevant documentation is false,
fraudulent or misleading, or is grossly incorrect such that it
would prejudice the effectiveness of the required assessment or
raise any issue identified in sub-regulation 10(6); or
(b)
there is persistent, prolonged, or unjustified failure
to submit any required information or documentation, or to
fulfil any of the requirements arising from these regulations, in
line with the time frames and requirements established by the
Authority; or
(c)
the project would have unacceptable environmental
effects, such that more detailed consideration would be
ineffective, superfluous, counter-productive, or in conflict with
other environmental obligations; or
(d)
the project is ancillary or related to any illegal
intervention, or itself is an illegal intervention, that has
significantly prejudiced the environmental quality of its location
or surroundings, or has significantly distorted the baseline
situation to the extent of prejudicing proper and effective
assessment.
(2) The Authority may also recommend that any other
permission for any project be refused, dismissed, or otherwise
restricted if such project would contravene, circumvent, prejudice or
render ineffective any condition, limitation or safeguard imposed in a
permit issued pursuant to an environmental impact assessment.
When development consent is granted for a project which
had been subjected to an environmental impact assessment or screening
under these regulations, the following provisions shall apply
(a)
The Authority may recommend to the permitting
authority to include any conditions and measures in the
development consent. It may also recommend amendments to
the project or specifications on any features of the project to
ensure that the assessment or screening outcome is duly
fulfilled, or to avoid, prevent or reduce and, if possible, offset
significant adverse effects on the environment. Such measures
may also include inter alia
(i) the imposition of financial guarantees in
favour of the Authority;
(ii) insurance against damage to the environment;
(iii) contributions to the Environment Fund;
(iv) the submission of any data, information or
documentation; and
(v) environmental permitting requirements, other
authorizations, and enforcement considerations.
(b)
The Authority shall determine the specifications
and procedures required to monitor the relevant effects of the
project on the environment. The Authority may also require any
other post-permit analysis as may be relevant including
verification and auditing of predictions and assessments, and
implementation of corrective measures.
(c)
The following provisions shall apply with regard to
monitoring undertaken in terms of paragraph (b)
(i) the monitoring may be undertaken by the
Authority or any other person acting on the Authority’s
instruction, or in liaison with other authorities, and shall
address the effects of the project on the environment;
(ii) the type of parameters to be addressed and the
duration of the monitoring shall be relevant and
proportionate to the nature, location and size of the project,
the site environment and the potential effects on the
environment;
(iii) existing arrangements resulting from other
relevant legislation may be used if appropriate, with a view
to avoiding duplication; and
(iv) the Authority may require any remedial
measures, including adjustments to the project or of the
works methodology, to address to its satisfaction any
impacts, risks or adverse implications identified.
(d)
The application of any measures in line with
paragraphs (a) to (c) shall not be construed as a justification for
the project, and shall be without prejudice to the Authority’s
assessment of the overall merits of the project and of its impacts
and implications on the environment.
PART IX
ENFORCEMENT
(1)
Any person who
Offences and
liability.
(a)
provides false, fraudulent or misleading
information that may jeopardize, or render ineffective any
assessment falling within the scope of these regulations or lead
to processing errors; or
(b)
causes any significant impact, risk or hazard to the
environment, as a result of non-compliance, or unsatisfactory,
incomplete or late compliance, with any provision of these
regulations; or
(c)
contravenes any order or instruction given by the
Authority under these regulations, in respect of any aspect that
may have an adverse impact on the environment,
shall be guilty of an offence under these regulations, and shall be
liable to
(i) on a first conviction, a fine (multa) of not less
than two thousand five hundred euro (€2,500.00) and not
more than two hundred and thirty thousand euro
(€230,000.00), or imprisonment for a term not exceeding
two years, or both such fine (multa) and imprisonment; and
(ii) on a second or subsequent convictions, a fine
(multa) of not less than five thousand euro (€5,000.00) and
not more than four hundred and sixty thousand euro
(€460,000.00) or imprisonment for a term not exceeding
two years, or both such fine (multa) and imprisonment.
(2) The Court, besides awarding the punishment referred to in
sub-regulation (1), may order the offender to remove the causes of the
offence and to rectify the situation as instructed at the offender’s cost
within a stipulated time as determined by the Court. If the offender fails
to comply with any such order within the time so established, he shall
be liable to a fine (multa) of not less than fifty euro (€50) and not more
than one hundred and thirty euro (€130), for every day the default
continues after the expiration of the said time, and the Court may also
order the modification, suspension or revocation of any authorization.
(3) Any person who contravenes or fails to comply with these
regulations may be liable to an administrative fine (multa) not
exceeding one hundred thousand euro (€100,000) for each violation.
The administrative fine (multa) shall be paid into the Environment
Fund established by article 32 of the Act.
PART X
ACCESS TO JUSTICE
Appeals before the Tribunal, to challenge a decision, act or
omission related to any matter regulated under these regulations, shall
be applicable to all aggrieved persons including interested third parties
referred to under the Environment and Planning Review Tribunal Act,
and shall be made in accordance with the relevant rules and procedures
laid down under the same Act.
PART XI
MISCELLANEOUS PROVISIONS
(1)
When the Authority advises the developer, his agent,
or the consultants or gives any guidance which it may deem fit in the
circumstances, this does not imply in any way that the Authority is
approving the project or will recommend that the Authority or any
other decision-taking authority that it should approve the proposed
project.
(2) Agreement on the terms of reference for the preparation of
any study or document including, but not limited to, baseline studies,
project description statements, or EIA reports, as well as any other
agreement regarding the initiation, continuation, suspension or
conclusion of any process falling within the scope of these regulations,
is not to be construed in any way as evidence in favour of the proposed
project.
(1)
All persons and institutions performing duties under Conflict of
these regulations, including the Authority, other permitting authorities, interests.
Government entities, local councils, consultants and monitors, shall
ensure that their duties are carried out in a fair and impartial manner
and that they do not find themselves in a situation giving rise to a
conflict of interests.
(2) Where the Authority is also the developer, it shall
implement within its organisation appropriate separation between the
conflicting functions when performing the duties arising from these
regulations.
(3) Consultants who are in any way involved in the
environmental impact assessment shall not be a member of any
decision-taking body which could be involved in determining the
application or any related appeal or decision.
(1)
The Minister, acting on the advice of the Authority, Ancillary
shall exchange with the Commission of the European Union matters.
information on the experience gained in applying the Directive through
these regulations, and on ancillary matters. In particular, every six years
from 16 May 2017, the Minister shall inform the Commission of the
European Union, where such details are available, of
(a)
the number of projects that were the subject of an
environmental impact assessment;
(b)
the breakdown of environmental impact
assessments according to the project categories set out in these
regulations;
(c)
the number of projects falling under Category II of
Schedule I subjected to a screening determination in accordance
with regulation 14;
(d)
the average duration of the environmental impact
assessment process; and
(e)
general estimates on the average direct costs of
environmental impact assessments, including the impact from
the application of these regulations to Small and Medium
Enterprises.
(2) The Minister and the Authority, as relevant, shall have the
right to request or collect any such information as may be reasonably
required.
The provisions of these regulations shall not affect the
obligation of the Government of Malta to respect the limitations
imposed by any law in force in Malta with regard to commercial and
industrial confidentiality, intellectual property, and the safeguarding of
the public interest.
PART XII
TRANSITORY PROVISIONS
Any application or proposal for any project listed in
Schedule I, or otherwise falling within the scope of regulation 10,
pending on the date of coming into force of these regulations shall be
regulated according to the provisions of these regulations, provided
that
(a)
any environmental impact assessment carried out
or in the process of being carried out by consultants who are not
registered in the Register shall be deemed to have been made in
accordance with the rules and regulations concerning the
registration of consultants in the Register, once such Register is
in force;
(b)
participation by any person in an environmental
impact assessment prior to the coming into force of these
regulations, and or prior to the coming into force of the
Register, shall not be deemed to constitute an automatic
acceptance of an application made by such person for
registration in the Register; and
(c)
in environmental impact assessments whereby their
terms of reference had already been communicated to the
developer prior to the entry into force of these regulations shall,
as far as possible, comply with the provisions of these
regulations unless the Authority specifically exempts in writing
the developer or the consultants, as relevant, from any such
provisions with regard to a particular project after having taken
into consideration the advanced stage arrived at in the
environmental impact assessment.
(1)
The Environment Impact Assessment Regulations
are hereby repealed.
(2) References to the repealed regulations, or to any preceding
regulations repealed by the Environment Impact Assessment
Regulations or to any requirement, exemption, submission or document
in relation thereto, as currently contained in other legislation and
official documentation shall be construed mutatis mutandis as
references to the relevant provisions of these regulations, and in respect
of any pending matter or decision shall continue to apply unless
superseded by the provisions of these regulations.
(3) Except where otherwise specified in these regulations, the
repeal of the Environment Impact Assessment Regulations shall be S.L. 549.46.
without prejudice to anything done or omitted to be done under the said
regulations and in particular shall not affect the validity of any
assessment or submission made thereunder or under any earlier
provisions saved thereby, nor of any obligation arising from such
assessment, submission, regulations or provisions.