Ambjent Malta Agency (Establishment) Order, 2020

L.N. 1 of 2020

PUBLIC ADMINSITRATION ACT

(CAP. 595)

Ambjent Malta Agency (Establishment) Order, 2020

IN EXERCISE of the powers conferred by article 36(1) of the

Public Administration Act, the Prime Minister has made the following

The title of this order is the Ambjent Malta Agency

(Establishment) Order, 2020.

In this order, unless the context otherwise requires –

"the Act" means the Public Administration Act;

"Agency" means the Ambjent Malta Agency established by

this order;

"Agency Agreement" means the Agreement as provided for

in article 9;

"Minister" means the Minister responsible for the

environment;

"Permanent Secretary" means the Permanent Secretary in

the Ministry responsible for the environment.

(1) There shall be an Agency to be known as Ambjent

Malta which shall carry out functions related to the management of the

natural capital of the Maltese Islands. This Agency shall assume the

responsibilities previously vested in

(a) the Parks, Afforestation Countryside Restoration and

Initiatives Directorate (P.A.R.C.); and

(b)

the Valley Management Unit; and

(c) any other function that may, from time to time, be

decided upon.

(2) The Agency shall also assume the responsibilities vested in

any management committee or equivalent, whether set up by law or

administratively, charged with the management of any natural site.

(3) The Agency shall as from the date that it assumes the

responsibility for any of the entities or committees mentioned in sub-

article (1), shall also assume responsibility for all assets, liabilities and

obligations previously entered into by such entities or committees.

(1)

The Agency shall have the function to

Functions and

duties of the

Agency.

(a) manage Malta’s natural capital through the

implementation of management plans developed for Natura 2000

sites and other protected areas under the Environment Protection Cap. 549.

Act;

(b) develop and implement plans and programmes for

identified areas or aspects of natural capital and green

infrastructure, securing the necessary permits for their

subsequent implementation thereof;

(c) identify and make use of external sources of funding

to enable the implementation of the policies, plans and

programmes referred to in paragraphs (a) and (b) and other

policies and plans as approved by the Ministry responsible for

the environment;

(d) improve and build strong relationships with

governmental

and

environmental

non-governmental

organisations as well as with other third parties who may have an

interest in the management of Malta’s natural capital;

(e) promote Malta’s natural capital as an asset for

sustainable public enjoyment as well as a potential tourism niche

area;

(f) report on its working as may be required at law or by

administrative provisions;

(g) carry out any other functions related to Malta’s

natural capital as may, from time to time, be directed by the

Minister.

(2)

The Agency shall assume the duty to

(a) implement Natura 2000 management plans to the

satisfaction of the competent authority;

(b) promote, design and implement urban and rural green

infrastructure;

(c) develop and implement plans and programmes for

other identified areas of Malta’s natural capital;

(d) manage those Management Committees which may

be appointed by the Minister to assist in the development and

implementation of programmes for specific natural sites;

(e) recommend to the Minister the appointment of such

Management Committees;

(f) enter into contracts with environmental non-

governmental organisations interested in the management of

specific sites of Malta’s natural capital; and

(g) keep under review the workings of this order, and

where deemed required, at the request of the Minister or

otherwise, submit proposals for the Order’s review.

(1) The Minister responsible for Ambjent Malta shall be

the Minister responsible for the environment.

(2) The Permanent Secretary in the Ministry responsible for

environment shall supervise the Agency in terms of article 29 of the

Provided that the Permanent Secretary in the Ministry

responsible for the environment may be assisted in such supervision by

another Permanent Secretary in accordance with the proviso to article

14(6) of the Act.

(3) The Minister may, from time to time, appoint a

Management Committee to facilitate the management of any identified

natural capital site.

(4) The Minister shall authorise Ambjent Malta to enter into

any agreement with any government entity or environmental non-

governmental organisation or any third party for the management of

any identified natural capital site

Provided that all necessary approvals for such management

have been given by the Government Property Division according to

the Laws of Malta.

(1) The Agency shall, in consultation with the Minister,

establish and re-organise units, divisions and sections as appropriate in

order to exercise its functions.

(2)

The operations of the Agency shall follow an Agreement

which is to be agreed upon in writing between the Permanent Secretary

and Ambjent Malta.

(1) Subject to the provisions of this order, the executive Role of Chief

conduct of the Agency, its administration, organization and the Executive

Officer.

administrative control of its officers and employees, shall be the

responsibility of the Chief Executive Officer.

(2) The Chief Executive Officer shall be responsible for the

implementation of the objectives of the Ambjent Malta Agency in the

exercise of its functions and under the guidance of the Governing

Board of the Ambjent Malta Agency, he shall –

(a) assume responsibility for the overall supervision and

control of the units, divisions and sections;

(b) assign to each unit, division and section such duties

which he considers necessary or expedient;

(c)

co-ordinate the work of the units, divisions and

sections;

(d) develop and implement the necessary strategies for

the attainment of the objectives of the Ambjent Malta Agency;

and

(e) perform such other duties as the Ambjent Malta

Governing Board may assign to him from time to time.

(1) Public officers deployed with the Agency shall be Deployment of

deemed to be detailed with the Agency in accordance with article 43 of public

and recruitment

the Act.

with the

Agency.

(2) Subject to the provisions of the Act and of any other

legislation, the Agency shall have authority to engage its own

employees.

The Agency shall be governed by the provisions of the Financial

Public Finance Management Act unless otherwise stated in the Agency arrangements.

Agreement between the Permanent Secretary and Ambjent Malta, in

which case the provisions of the Agency Agreement shall prevail.

(1) The Minister responsible for the Agency may Governing

establish a Governing Board to assist the Chief Executive Officer in Board.

the discharge of his duties.

(2) A Governing Board established under this article shall

consist of not less than three (3) and not more than seven (7) members

appointed by the Minister.

(3) The remuneration paid to members of the Agency’s

Governing Board shall be in accordance with any applicable directives

and guidelines.

(4) The Governing Board shall assist the Chief Executive

Officer in his duties to oversee the performance of the Management

Committees, assess their business plans and recommend to the

Minister the funds that can be allocated for the Management

Committee to meet its obligations.

In the Fourth Schedule to the Act, immediately after the

item "Aġenzija Żgħażagħ" there shall be added the following

Agency

Function

"Ambjent Malta Agency

To manage the Maltese

Islands’ natural capital.".

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