Waste Management (Landfill) (Amendment) Regulations, 2021

L.N. 147 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Waste Management (Landfill) (Amendment) Regulations, 2021

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 Waste Management Citation.

(Landfill) (Amendment) Regulations, 2021 and these regulations

shall be read and construed as one with the Waste Management S.L. 549. 29.

(Landfill) Regulations, hereinafter referred to as "the principal

regulations".

Regulation 1 of the principal regulations shall be amended Amends

regulation 1 of

as follows

the principal

regulations.

(a)

sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) With a view to supporting the European

Union’s transition to a circular economy and meeting the

requirements of Directive 2008/98/EC of the European

Parliament and of the Council * , and in particular Articles 4

and 12 thereof, the aim of these regulations is to ensure a

progressive reduction of landfilling of waste, in particular

of waste that is suitable for recycling or other recovery,

and, by way of stringent operational and technical

requirements on the waste and landfills, to provide for

measures, procedures and guidance to prevent or reduce as

far as possible negative effects on the environment, in

particular the pollution of surface water, groundwater, soil

and air, and on the global environment, including the

greenhouse effect, as well as any resulting risk to human

health, from landfilling of waste, during the whole life-

cycle of the landfill.";

(b) in sub-regulation (3) thereof, the words "Integrated

Pollution Prevention and Control Regulations", wherever they

* OJ L 312, 22.11.2008, p. 3.

occur, shall be substituted by the words "Industrial Emissions

(Integrated Pollution Prevention and Control) Regulations"; and

(c)

sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

"(4) These regulations bring into effect the

provisions of Council Directive 1999/31/EC of 26 April

1999 on the landfill of waste as amended by Council

Directive 2011/97/EU amending Directive 1999/31/EC as

regards specific criteria for the storage of metallic mercury

considered as waste and Directive (EU) 2018/850 of the

European Parliament and of the Council of 30 May 2018

amending Directive 1999/31/EC on the landfill of waste.".

Regulation 2 of the principal regulations shall be amended

as follows

(a)

immediately before the definition "biogradable

waste" there shall be added the following new definition

" "applicant" means any person who applies for a

landfill operating permit under these regulations;";

(b) immediately after the definition "eluate" there shall

be added the following new definition

" "inert waste" means waste that does not undergo

any significant physical, chemical or biological

transformations. Inert waste will not dissolve, burn or

otherwise physically or chemically react, biodegrade or

adversely affect other matter with which it comes into

contact in a way likely to give rise to environmental

pollution or harm human health. The total leachability and

pollutant content of the waste and the ecotoxicity of the

leachate must be insignificant, and in particular not

endanger the quality of surface water and, or

groundwater;"; and

(c)

immediately after the definition "underground

storage", the words "All other terms shall have the same

meaning as that assigned to them in the Waste Regulations."

shall be substituted by the words

"The words "waste", "hazardous waste", "non-

hazardous waste", "municipal waste", "waste

producer", "waste holder", "waste management",

"separate collection", "recovery", "preparing for re-

use", "recycling" and "disposal" shall have the same

meaning as that assigned to them in regulation 4 of

the Waste Regulations.".

S.L. 549. 63.

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a)

in paragraph (c) of sub-regulation (2) thereof, the

words "and its sub-soil;" shall be substituted by the words "and

its sub-soil.";

(b) paragraph (d) of sub-regulation (2) thereof shall be

deleted; and

(ċ)

immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

"(3) The management of waste from land-based

extractive industries, that is to say, the waste arising from

the prospecting, extraction, including the pre-production

development stage, treatment and storage of mineral

resources and from the working of quarries, shall be

excluded from the scope of these regulations where it falls

within the scope of other European Union legislative

acts.".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a)

the marginal note thereof shall be substituted by the

following new marginal note

"Maximum quantities of municipal waste allowed

to landfill."; and

(b) immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulations

"(3) By 2035 the amount of municipal waste

landfilled is to be reduced to 10% or less of the total

amount of municipal waste generated (by weight).

(4) By 2030 the Minister may consider to

postpone the deadline for attaining the target referred to in

sub-regulation (3) by up to five years, provided that

Articles 5(6), 5(7), 5(8) and Annex IV of Council

Directive 1999/31/EC * as amended, are adhered to.".

Immediately after regulation 5 of the principal regulations

there shall be added the following new regulation

5A. (1) For the purpose of calculating

Rules on the

calculation of

whether the targets laid down in regulation 5(3) and

the attainment

of the targets.

(4) have been attained

(a)

the weight of the municipal waste

generated and directed to landfilling shall be

calculated in a given calendar year;

(b) the weight of waste resulting from

treatment operations prior to recycling or

other recovery of municipal waste such as

sorting or mechanical biological treatment,

which is subsequently landfilled shall be

included in the weight of municipal waste

reported as landfilled;

(c)

the weight of municipal waste that

enters incineration disposal operations and

the weight of waste produced in the

stabilization operations of the biodegradable

fraction of municipal waste in order to be

subsequently landfilled shall be reported as

landfilled;

(d) the weight of waste produced

during recycling or other recovery operations

of municipal waste which is subsequently

landfilled shall not be included in the weight

of municipal waste reported as landfilled.

(2) The competent authority shall establish an

effective system of quality control and traceability

of the municipal waste landfilled to ensure that the

conditions laid down in sub-regulation (1) are met.

* OJ L 182 16.7.1999, p. 1

** OJ L 190, 12.7.2006, p. 1

(3) Where municipal waste is shipped to

another Member State or exported from the

European Union for the purposes of landfilling, in

accordance with Regulation (EC) No 1013/2006 of

the European Parliament and of the Council ** , it

shall be counted towards the amount of waste

landfilled in Malta, in accordance with sub-

regulation (1).".

Regulation 6 of the principal regulations shall be amended Amends

(a)

regulation 6 shall be re-numbered as sub-regulation

(b) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) The following wastes shall not be accepted

in a landfill

-

liquid waste;

-

waste which, in the conditions of

landfill, is explosive, corrosive, oxidising,

highly flammable or flammable as defined in

Schedule 3 to the Waste Regulations;

-

hospital and other clinical waste

arising from medical or veterinary

establishments, which are infectious as

defined by property HP9 of Schedule 3 to the

Waste Regulations and waste chemical

substances arising from research and

development or teaching activities which are

not identified and, or are new and whose

effects on man and, or the environment are

not known (e.g. laboratory residues, etc.);

-

whole used tyres, excluding tyres used

as engineering material and bicycle tyres and

tyres with an outside diameter above 1,400

mm;

-

shredded used tyres excluding bicycle

tyres and tyres with an outside diameter

above 1,400 mm;

-

any other type of waste which does not

fulfil the acceptance criteria determined in

accordance with Schedule 2;

-

waste that has been separately

collected for preparing for re-use and

recycling pursuant to regulation 10 of the

Waste Regulations, with the exception of

waste resulting from subsequent treatment

operations of the separately collected waste

for which landfilling delivers the best

environment outcome in accordance with

regulation 4A of the Waste Regulations;

-

any other type of waste which the

competent authority declares as not

acceptable in a landfill."; and

(b) immediately after sub-regulation (1) thereof, as re-

numbered, there shall be added the following new sub-

regulation

"(2) The

competent

authority

shall

endeavour, through, inter alia, the establishment of

guidelines and, or a landfill operating permit, to

ensure that as of 2030, all waste suitable for

recycling or other recovery, in particular municipal

waste, shall not be accepted in a landfill with the

exception of waste for which landfilling delivers

the best environmental outcome in accordance with

regulation 4A of the Waste Regulations.

Information on the measures taken

pursuant to this sub-regulation shall be included in

the waste management plans referred to in

regulation 28 of the Waste Regulations or in other

strategic documents covering the entire territory of

Malta.".

In sub-regulation (1) of regulation 8 of the principal

regulations, immediately after the words "hazards to human health or

the environment." there shall be added the following new paragraph

"The competent authority shall ensure that

measures taken in accordance with this sub-

regulation do not compromise the achievement of

the objectives of the Waste Regulations, notably on

the waste hierarchy and on the increase of

preparing for re-use and recycling as set out in

regulation 4A of those regulations.".

In sub-regulation (1) of regulation 10 of the principal Amends

regulations, the words "Waste Management Regulations" shall be regulation

the principal

substituted by the words "Waste Regulations".

regulations.

In regulation 11 of the principal regulations, the words Amends

"Integrated Pollution Prevention and Control Regulations" shall be regulation

the principal

substituted by the words "Industrial Emissions (Integrated Pollution regulations.

Prevention and Control) Regulations".

In regulation 12 of the principal regulations, the words Amends

"regulation 10(i)(d)" shall be substituted by the words "regulation regulation

the principal

10(1)(d)".

regulations.

Regulation 14 of the principal regulations shall be Amends

regulation 14 of

amended as follows

the principal

regulations.

(a)

in paragraph (a) of sub-regulation (3) thereof, the

words "Environment Protection (Control of Transboundary

Movement of Toxic and other Substances) Regulations" shall be

substituted by the words "Waste Management (Shipments of

Waste) Regulations"; and

(b) in sub-regulation (5) thereof, the words

"Environment Protection (Control of Transboundary Movement

of Toxic and other Substances) Regulations" shall be substituted

by the words "Waste Management (Shipments of Waste)

Regulations".

In sub-regulation (3) of regulation 15 of the principal Amends

regulations, the words "a competent agency" shall be substituted by regulation

the principal

the words "a competent laboratory".

regulations.

Immediately after regulation 17 of the principal Adds a new

regulation to the

regulations, there shall be added the following new regulation

principal

regulations.

" Instruments

In order to contribute to the objectives

to promote a

laid down in these regulations, the Minister shall

shift to a

make use of economic instruments and other

more circular

economy.

measures to provide incentives for the application

S.L. 549. 63.

of the waste hierarchy under regulation 4A of the

Waste Regulations. Such instruments may include

those indicated in Annex IVa to Directive 2008/98/

EC or other appropriate instruments and

measures.".

15. Paragraph 3.5 in Schedule 1 to the principal regulations Amends

Schedule 1 to

shall be substituted by the following new paragraph

the principal

regulations.

"3.5 The method for the determination of the

permeability coefficient for landfills, in the field and for the

whole extension of the site, shall be determined by the

Commission through the adoption of implementing acts in

accordance with article 15b of Directive 1999/31/EC.".

16. Paragraph 5 in Schedule 2 to the principal regulations shall

be substituted by the following new paragraph

"5.

Sampling of Waste

The Commission shall adopt implementing acts in

accordance with article 15c of Directive 1999/31/EC, to develop

a standard for sampling of waste.

Provided that until such implementing acts are adopted,

national standards and procedures shall apply.".

17. Schedule 3 to the principal regulations shall be amended as

follows

(a)

In paragraph 2 therein, the words "The operator

shall supply information on the methodology used to collect

meteorological data (in situ, national meteorological network,

etc.)." shall be deleted;

(b) In paragraph 5 therein, the words "Every six

months(1)" shall be deleted.

In the Maltese version of the principal regulations, the

words "skart inattiv", wherever they occur, shall be substituted by the

words "skart inerti".

€0.72