Environmental Impact Assessment

L.N. 455 of 2020

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Environmental Impact Assessment

(Amendment No. 2) Regulations, 2020

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister for the Environment,

Climate Change and Planning, after consultation with the Environment

and Resources Authority, has made the following regulations:-

The title of these regulations is the Environmental Impact

Assessment (Amendment No. 2) Regulations, 2020 and these

regulations shall be read and construed as one with the Environmental

Impact Assessment Regulations, hereinafter referred to as "the

principal regulations".

Sub-regulation (2) of regulation 6 of the principal

regulations shall be substituted by the following

"(2) The environmental impact assessment, compliant

with these regulations, shall be integrated into the development

consent procedure in accordance with the regulations and into

any other relevant procedures or binding decisions that may be

required to comply with these regulations, or otherwise

synchronised 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.".

Sub-regulation (6) of regulation 12 of the principal

regulations shall be substituted by the following

"(6) The Authority shall make the project description

statement available to the public through its website, and shall

clearly indicate

(a) the authority responsible for the environmental

impact assessment process;

(b)

the nature of the decisions to be taken; and

(c) the authorities responsible for the development

consent decisions.".

Regulation 16 of the principal regulations shall be amended Amends

regulation 16 of

as follows

the principal

regulations.

(a) in sub-regulation (5) thereof, immediately after the

words "the Authority’s website" there shall be added the words

"without delay"; and

(b) sub-regulation (6) thereof shall be substituted by the

following

"(6) Notwithstanding the provisions of sub-

regulations (2) to (5), the Authority may adapt or modify

the terms of reference, 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 without

delay and not later than fifteen (15) days from the adoption

or modification of the terms of reference.".

Sub-regulation (2) of regulation 19 of the principal Amends

regulation 19 of

regulations shall be amended as follows

the principal

regulations.

(a) immediately after the words "The EIA report shall be

made available to" there shall be added the words "authorities

and entities likely to be concerned by the project by reason of

their specific environmental responsibilities and specifically to";

(b) the words " and through any other means or venues as

the Authority may deem appropriate" shall be substituted by the

words "and, where appropriate, through any other additional

means as the Authority may establish".

Sub-regulation (3) of regulation 22 of the principal Amends

regulation 22 of

regulations shall be substituted by the following

the principal

regulations.

"(3) Without prejudice to any additional provision

of these regulations, the concluded EIA report, including

any addendum in accordance with regulation 21(2), shall

be made available on the Authority’s website without

delay and not later than fifteen (15) days from its

finalisation. This provision shall apply without prejudice

to the Freedom of Access to Information on the

Environment Regulations, and, where not specifically

regulated by such regulations, the Freedom of Information

Act.".

Regulation 23 of the principal regulations shall be amended

as follows

(a) sub-regulations (1)

and

(2)

thereof

shall

be

substituted by the following

"(1) The Authority shall analyse the concluded

EIA report and shall prepare its own final assessment.

The Authority shall take a decision in public giving the

opportunity to the applicant and the public to make

comments and representations. The Authority’s position

shall be made publicly available on the Authority’s

website without delay and not later than fifteen (15) days

from its finalisation. Without prejudice to regulation 32A,

due consideration of, and clear reference to, the

Authority’s position 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 preparing and arriving at its final

assessment, the Authority shall give due regard to the

conclusions reached in the EIA report prepared by the

consultants,

including

any

relevant

ancillary

documentation, as well as to the comments received from

the public concerned at any stage of the process pursuant

to these regulations, and any other environmental

considerations that may be relevant. As part of its final

assessment, the Authority shall give adequately detailed

reasons as to whether it agrees with or does not agree

with the conclusions reached by the consultants in the

report, in whole or in part.".

(b) in sub-regulation (4) thereof immediately after the

words "or annexes." there shall be added the words "Such

documents, together with any addenda, shall be made publicly

available in accordance with sub-regulation (1).".

Regulation 30 of the principal regulations shall be

substituted by the following

"30. The procedures for notification, public

participation and availability of information to the public,

in relation to development consent decisions shall follow

the provisions of the Development Planning Act and its

subsidiary regulations and, where applicable, the

provisions of any other respective permitting legislation

Provided that where a development falls within

the scope of these regulations, the permitting authority

shall clearly make available to the public, at the earliest

possible stage and within reasonable time frames, details

of

(a) the authorities responsible for taking the

decision;

(b) those from which relevant information

may be obtained;

(c) those to which comments or questions

can be submitted;

(d) the time schedule for transmitting

comments or questions;

(e) the nature of possible decisions; and,

where there is one, the draft decision.".

Regulation 32 of the principal regulations shall be amended Amends

regulation 32 of

as follows

the principal

regulations.

(a) paragraph (d) thereof shall be renumbered as

paragraph (e);

(b) paragraph (b) thereof shall be substituted by the

following

"(b) The Authority shall require monitoring of the

relevant effects of the project on the environment, in

accordance with specifications and procedures as it deems

most appropriate and effective in order to avoid, prevent or

reduce and, if possible, offset significant adverse effects on

the environment.";

(c) in sub-paragraph (i) of paragraph (c) thereof, the

words "monitoring may be undertaken by the Authority or" shall

be substituted by the words "monitoring shall be undertaken

either by the Authority or by";

(d) in sub-paragraph (iv) of paragraph (c) thereof, the

word "may" shall be substituted by the word "shall";

(e) immediately after paragraph (c) thereof, there shall be

added the following new paragraph

"(d) 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."; and

(f) in paragraph (e) thereof as renumbered, the words

"paragraphs (a) to (c)" shall be substituted by the words

"paragraphs (a) to (d)".

Immediately after regulation 32 there shall be added the

following new regulation

" Due

(1) When

providing

recommendations

consideration

following the completion of an environmental impact

of public

assessment, the Authority shall duly take into account the

comments and

of the

comments received from the public and the public

Authority’s

position.

concerned in line with these regulations.

(2) The Authority’s position in line with regulation

23, as well as any recommendations made by the

Authority in line with regulations 31 and 32, shall be duly

taken into account by the permitting authority into its

decision-making process.".

11. Schedule I to the principal regulations shall be amended as

follows

(a) under Category I of the heading 6.2 Reclamation,

Dredging and Coastal Engineering, paragraph 6.2.1.4 shall be

renumbered as 6.2.1.1;

(b) under Category II of the heading 6.2 Reclamation,

Dredging and Coastal Engineering in paragraph 6.2.2.4 thereof,

the word "REPLEN" shall be deleted; and

(c) in the Maltese version, under Category II of the

heading 7.1 Proġetti ta’ Żvilupp Urban, in paragraph 7.1.2.2

thereof, the words "u mhux kopert mill-Kategorija I" shall be

substituted by the words "mhux koperti mill-Kategorija I.".

€0.45