Prevention and Remedying of Environmental Damage

L.N. 217 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Prevention and Remedying of Environmental Damage

(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 Prevention and Citation.

Remedying of Environmental Damage (Amendment) Regulations,

2021 and these regulations shall be read and construed as one with the

Prevention and Remedying of Environmental Damage Regulations, S.L. 549. 97.

hereinafter referred to as "the principal regulations".

Regulation 13 of the principal regulations shall be amended Amends

regulation 13 of

as follows

the principal

regulations.

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

following new sub-regulation

"(1) Natural or legal persons

(a) affected or likely to be affected by

environmental damage, or

(b) having a sufficient interest in

environmental decision making relating to the

damage, or alternatively,

(c) alleging the impairment of a right

emanating from a valid license or permit,

shall be entitled to submit to the competent

authority any observations relating to instances of

environmental damage of which they are aware and shall

be entitled to request the competent authority to take

action under these regulations.";

(b)

the proviso to sub-regulation (2) thereof shall be

substituted by the following new proviso:.

"Provided that the interest of any non-governmental

organisation incorporated for the purpose of promoting

environmental protection and meeting any requirements

under the Voluntary Organisations Act shall be deemed

sufficient for the purpose of sub-regulations (1)(b). Such

non-governmental organisations shall also be deemed to

have rights capable of being impaired for the purpose of

sub-regulation (1)(c)."; and

(c) in sub-regulation (3) thereof, immediately after the

words "in question", there shall be added the words ", including

evidence to substantiate the alleged impairment if the request is

made under sub-regulation (1)(c)".

€0.18