Deposit of Wastes and Rubble (Fees)

L.N. 242 of 2022

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Deposit of Wastes and Rubble (Fees)

(Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by articles 54 and 55(2)

of the Environment Protection Act, the Minister responsible for the

environment, after consultation with the Environment and Resources

Authority, and with the concurrence of the Minister for Finance and

Employment, has made the following regulations:-

(1) The title of these regulations is the Deposit of Wastes

commencement.

and Rubble (Fees) (Amendment) Regulations, 2022 and these

regulations shall be read and construed as one with the Deposit of

Wastes and Rubble (Fees) Regulations, hereinafter referred to as the

"principal regulations".

(2) These regulations shall come into force within two (2)

months from their publication in the Gazette.

The principal regulations shall be amended as follows

(a) the words "Department for Environment Protection"

and "Director for Environment Protection", wherever they occur

shall be substituted by the word "Authority"; and

(b) the words "waste deposit site" wherever they occur

shall be substituted by the words "deposit site".

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately before the definition "Chief Executive of

the Water Services Corporation", there shall be added the

following new definitions

" "Act" means the Environment Protection Act;

"Authority" means the Environment and

Resources Authority as established under the

Environment Protection Act;

(b) the definition "Department

for

Environment

Protection" shall be deleted;

(c) the definition "Director for Environment Protection"

shall be deleted;

(d) immediately after the definition "hazardous waste"

there shall be added the following new definition

" "mixed waste" means mixed refuse, intended for

collection by the respective Local Council’s agent or

contractor, on the indicated day;";

(e) immediately after the definition "waste deposit site",

there shall be added the following new definition

" "waste electrical and electronic equipment" or

"WEEE" means electrical and electronic equipment

which is waste as defined in regulation 4 of the Waste

Regulations, including all components, sub-assemblies

and consumables which are part of the product at the time

of discarding;" and

(f) immediately after the definition "waste electrical and

electronic equipment" or "WEEE", there shall be added the

following new definition

" "waste management facility" means a site or facility

that allows for the storing, sorting, source segregating,

treatment and transfer of waste.".

Regulation 8 of the principal regulations shall be Substitutes

regulation 8 of

substituted by the following new regulation

the principal

regulations.

"8. Any person who deposits rubble in a public

waste deposit site shall pay the sum of €3.21 excluding

Value Added Tax to the government entity entrusted

with the responsibility for waste management strategy

implementation for every metric tonne of rubble to be

deposited

Provided that the deposit of domestic rubble

in the public waste deposit sites indicated in items 7 to

12 in Schedule B by the householder generating that

waste, is exempt from payment of this fee.".

Regulation 9 of the principal regulations shall be Substitutes

regulation 9 of

the principal

regulations.

substituted by the following new regulation

"9. Any person who deposits waste and, or

WEEE in a public deposit site must pay the fee

indicated in Schedule C to the government entity

responsible

for

waste

management

strategy

implementation for every metric tonne of such waste to

be deposited

Provided that if the actual weight of the

rubble or waste to be deposited cannot be established,

the government entity entrusted with the responsibility

for waste management strategy implementation may

demand the same rate indicated in Schedule C but

calculated against a density of 2 metric tonnes per cubic

metre for every cubic metre as estimated from the outer

dimensions of the receptacle which contains rubble or

waste which is not hazardous waste

Provided further that the deposit of domestic

waste in the public waste deposit sites indicated in

items 7 to 12 in Schedule B by the householder

generating that waste, is exempt from payment of this

fee

Provided further that any person who

deposits dredged material or inert uncontaminated

geological material in a deposit site at sea as included in

Schedule B, must have in his possession a permit in

writing to this effect from the Authority, and pay any

fees as the Authority may so require. The Minister

responsible for the environment jointly with the

Minister responsible for finance, may, through

publication of a notice in the Gazette, exempt any

person from the payment of such fees, in full or in part,

if, the project in question is declared to have any

strategic or national significance

Provided further that the Authority may

refuse to permit the deposit of rubble, waste, WEEE,

and, or hazardous waste in a deposit site if in its opinion

this will result in considerable damage to the

environment or is in contravention of international

obligations, or for any other reason the same Authority

deems appropriate.".

Regulation 10 of the principal regulations shall be Substitutes

regulation 10 of

substituted by the following new regulation

the principal

regulations.

"10. Any person who deposits hazardous waste

in a waste deposit site shall have in his possession, a

permit in writing to this effect from the Authority

Provided that if the hazardous waste or other

waste is deposited in a public facility, the person who

deposits the hazardous waste or other waste shall pay

the fee indicated in Schedule D to the government

entity entrusted with the responsibility for waste

management strategy implementation, for every metric

tonne of such waste to be deposited. These rates may be

adjusted periodically to reflect changes to the Retail

Provided further that the deposit of domestic

hazardous waste in the public waste deposit sites

indicated in items 7 to 12 in Schedule B by the

householder generating that waste, is exempt from

payment of this fee.".

Schedule B to the principal regulations shall be substituted Substitutes

Schedule B to

by the following new Schedule

the principal

regulations.

"SCHEDULE B

Deposit Sites

I - Public Deposit Sites on Land

1. Waste Management Facilities within ECOHIVE Complex,

Triq Tul il-Kosta, Naxxar.

2. Materials Recovery Facility - Sant’Antnin Waste

Treatment Plant, Marsascala.

3. Mechanical Biological Treatment Plant – Sant’Antnin

Waste Treatment Plant, Marsascala.

4. Temporary Sorting and Storage Facility, Xatt il-Mollijiet,

5. Temporary Waste Transfer Station - Tal-Qortin, Xaghra,

6. Thermal Treatment Facility, Triq il-Biċċerija, Marsa.

7. Civic Amenity Site, Ramla Road, Magħtab.

Civic Amenity Site, Triq it-Territorjal, Mrieħel.

Civic Amenity Site, Triq B’Buġia, Hal Far.

Civic Amenity Site, Luqa.

Civic Amenity Site, Ta’ Qali.

Civic Amenity Site, Tal-Kus, limits of Xewkija, Għawdex.

Private facilities contracted to provide public services in

waste management.

Multi-Material Recovery Facility, Ħal Far * .

Material Recovery Facility, Naxxar ** .

II - Sites at Sea

A spoil ground for dredged material and inert uncontaminated

geological material having a radius of about 350 meters and centered

on Latitude 35°55.1´N and Longitude 14°34.0´E.".

8. Schedule C to the principal regulations shall be substituted

by the following new Schedule

"SCHEDULE C

Fees due for the deposit of waste and, or WEEE in public waste

management facilities

Waste and, or WEEE

€

Per tonne

Mixed

waste

deposited

for

A

landfilling in any public facility

and/or private facilities contracted

to provide such public service,

(Refer to Table 3)

which in either case is/are intended

to provide services of this nature.

* Multi-Material Recovery Facility, Ħal Far will start operating in November 2022.

** Material Recovery Facility, Naxxar will start operating in September 2022.

Waste deposited for biological

B

treatment or similar technology at

any public facility and/or private

facilities contracted to provide such

public service, which in either case

is/are intended to provide services

of this nature.

Dry waste separated at source,

C

suitable for recycling/ recovery

deposited at any public facility and/

0.50

or private facilities contracted to

provide such public service, which

in either case is/are intended to

provide services of this nature. *

At source segregated bulky (dry)

D

waste streams for recycling

deposited at any public facility and/

or private facilities contracted to

Refer to Table 2

provide such public service, which

in either case is/are intended to

provide services of this nature on

behalf of Local Councils.

* Should waste declared as being at source segregated be found

to be mixed with other waste e.g. organic waste, the applicable rate

shall be the standard landfill rate indicated in row A together with

charges for transportation of the waste to the landfill.

Provided that waste deposited/delivered after normal

landfill operating hours as determined by the operator shall be charged

an additional fee of two euro (€2) per metric tonne or as the

government entity entrusted with the responsibility for waste

management strategy implementation may so require to allow for the

cost of double handling.

The above rates are exclusive of VAT and may be adjusted

periodically to reflect changes to the Retail Price Index.

These rates are not applicable to waste directed for treatment at

the Thermal Treatment Facility, treatment at the Hazardous Waste

Storage and Treatment Facility or disposal at the Hazardous Waste

Engineered Landfill.

Table 3: Phasing in of cost charges for mixed waste

deposited for landfilling

Rates for Treatment of Non-Hazardous Waste at the Thermal

Treatment Facility, Triq il-Biċċerija, Marsa

Waste Stream

€

Per tonne

Private Slaughter Houses

Fallen Animals from Farms

Horses

40 per horse

Fallen pets (including strays)

nil

Fish

Materials for which incineration is

obligatory upon instruction of competent

authorities

Non-hazardous waste directed for

destruction

Non-hazardous waste suitable for

landfilling but which is directed for

thermal treatment by the government

entity responsible for waste

The above rates are exclusive of VAT and may be adjusted

periodically to reflect changes to the Retail Price Index.".

€0.63