Regulations, 2025

L.N. 3 of 2025

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Promotion of Energy from Renewable Sources (Amendment)

Regulations, 2025

IN EXERCISE of the powers conferred by article 37(1) of the

Regulator for Energy and Water Services Act, the Minister responsible

for energy and water services, after consultation with the Minister

responsible for the Planning Authority and with the Regulator for

Energy and Water Services, has made the following regulations:-

The title of these regulations is the Promotion of Energy

from Renewable Sources (Amendment) Regulations, 2025 and these

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

Energy from Renewable Sources Regulations, hereinafter referred to

as the "principal regulations".

Immediately after sub-regulation (2) of regulation 1 of the

principal regulations, there shall be added the following new sub-

regulation

"(3) These regulations furthermore transpose Article

1(1)(a)(1), Article 1(1)(c), and Article 1(7) and partially

transpose Article 1(6) of Directive (EU) 2023/2413 of the

European Parliament and of the Council of 18 October 2023

amending Directive (EU) 2018/2001, Regulation (EU) 2018/

1999 and Directive 98/70/EC as regards the promotion of energy

from renewable sources, and repealing Council Directive (EU)

2015/652.".

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

regulations shall be amended as follows

(a) the definition "energy from renewable sources" or

"renewable energy" thereof shall be substituted by the following

new definition

""energy from renewable sources" or "renewable

energy" means energy from renewable non-fossil sources,

namely wind, solar (solar thermal and solar photovoltaic)

and geothermal energy, osmotic energy, ambient energy,

tide, wave and other ocean energy, hydropower, biomass,

landfill gas, sewage treatment plant gas, and biogas;";

(b) the definition "Minister" shall be substituted by the

following new definition

""Minister" means the Minister responsible for

energy and water services, provided that for the purposes of

these regulations which regulate planning matters, it shall

mean the Minister responsible for energy and water

services in consultation with the Minister responsible for

the Planning Authority;";.

(c) the definition "relevant authority" shall be substituted

by the following new definition

""relevant authority" means any authority or

license or permit-issuing or administrative body

responsible for the issuing of authorisations, licenses or

permits, or responsible for the formulation and

publication of general binding rules, insofar as these

authorisations, licenses, permits or rules may directly

impact, or relate to any activity which may impact, the

achievement of the objectives laid down by these

regulations

Provided that for the purpose of these

regulations, the responsible relevant permitting

authorities shall include but not be limited to

(a) the Planning Authority established in

accordance with article 5 of the Development

Planning Act, which shall be responsible to fulfil

its obligations under the said Act; and

(b) the Regulator for Energy and Water

Services established in accordance with article 3

of the Regulator for Energy and Water Services

Act, which shall be responsible to fulfil its

obligations under the said Act;";

(d) immediately after the definition "renewable liquid

and gaseous transport fuels of non-biological origin" thereof

there shall be added the following new definition

""renewables acceleration area" means a specific

location or area, whether on land, sea or inland waters,

which is designated as particularly suitable for the

installation of renewable energy plants;";

(e)

immediately after the definition "SME" thereof there

shall be added the following new definition

""solar energy equipment" means equipment that

converts energy from the sun into thermal or electrical

energy, in particular solar thermal and solar photovoltaic

equipment;";

(f) in the Maltese version only, the definition "tiġdid

(repowering)" shall be deleted;

(g) in the Maltese version only, immediately after the

definition "residwu" there shall be added the following new

definition

""repowering" tfisser it-tiġdid ta’ impjanti tal-

elettriku li jipproduċu l-enerġija rinnovabbli, inkluż is-

sostituzzjoni sħiħa jew parzjali tal-installazzjonijiet jew

tas-sistemi u t-tagħmir tal-operazzjoni għal finijiet tas-

sostituzzjoni tal-kapaċità jew taż-żieda fl-effiċjenza jew fil-

kapaċità tal-installazzjoni;".

Immediately after regulation 18 of the principal regulations

there shall be added the following new regulation

(1) One (1) or more plans may be adopted

"Areas for grid and

to designate dedicated infrastructure areas for the

infrastructure

integrate renewable development of grid and storage projects that are

necessary to integrate renewable energy into the

energy into the

electricity system.

electricity system, in cases where such development is

not expected to have a significant environmental

impact, such an impact can be duly mitigated or, where

such mitigation is not possible, it is compensated for.

(2) The aim of the areas described in sub-

regulation (1) shall be to support and complement the

renewables acceleration areas.

(3) Those plans referred to in sub-regulation (1)

shall

(a) for grid projects, avoid Natura 2000

sites and areas designated under national

protection schemes for nature and biodiversity

conservation, unless there are no proportionate

alternatives for their deployment, taking into

account the objectives of the site;

(b) for storage projects, exclude Natura

2000 sites and areas designated under national

protection schemes;

(c) ensure synergies with the designation

of renewables acceleration areas;

(d) be subject to a strategic environmental

assessment

pursuant

to

the

Strategic

Environmental Assessment Regulations and,

where applicable, to an assessment pursuant to

regulation 19 of the Flora, Fauna and Natural

Habitats Protection Regulations; and

(e) establish appropriate and proportionate

rules, including on proportionate mitigation

measures which shall be adopted for the

development of grid and storage projects in order

to avoid adverse effects on the environment that

may arise or, where it is not possible to avoid such

effects, to significantly reduce them.

(4) Grid and storage projects which are

necessary to integrate renewable energy into the

electricity system may, under justified circumstances,

including where needed to accelerate the deployment of

renewable energy in order to achieve the climate and

renewable energy targets, be exempted from

(a) the environmental impact assessment

pursuant to regulation 6(1) of the Environmental

Impact Assessment Regulations;

(b) an assessment of the implications of

the grid and storage projects for Natura 2000 sites

pursuant to regulation 19 of the Flora, Fauna and

Natural Habitats Protection Regulations; and

(c) the assessment of the implications of

the grid and storage projects on species protection

pursuant to regulations 24 and 25 of the Flora,

Fauna and Natural Habitats Protection

Regulations and regulation 4(1) of the

Conservation of Wild Birds Regulations

Provided that such grid or storage

projects are located in a dedicated infrastructure

area designated in accordance with sub-regulation

(1) and that these comply with the established

rules, including on proportionate mitigation

measures which shall be adopted in accordance

with paragraph (e) of sub-regulation (3), by way

of derogation from regulations 6(1) and 10(2) of

the

Environmental

Impact

Assessment

Regulations and from items 3.4.1.1, 3.4.2.1 and

10.0.2.7 of Schedule I to the said regulations, and

by way of derogation from regulation 19 of the

Flora, Fauna and Natural Habitats Protection

Regulations.

(5) Where grid and storage projects are located

in dedicated infrastructure areas and exempt from the

assessments referred to in sub-regulation (4), they shall

be subject to a screening process which shall be based

on existing data from the strategic environmental

assessment pursuant to the Strategic Environmental

Assessment Regulations, provided that project

applicants may be requested to provide additional

available information.

(6) The screening process referred to in sub-

regulation (5) shall be finalised within thirty (30) days

from its commencement and shall aim to identify if

projects are highly likely to give rise to significant

unforeseen adverse effects, in view of the

environmental sensitivity of the geographical areas

where they are located, which adverse effects were not

identified during the environmental assessment of the

plans designating dedicated infrastructure areas carried

out pursuant to the Strategic Environmental Assessment

Regulations and, where relevant, to the Flora, Fauna

and Natural Habitats Protection Regulations.

(7) Where the screening process referred to in

sub-regulation (5) identifies a project as being highly

likely to give rise to significant unforeseen adverse

effects as referred to in sub-regulation (6), appropriate

and proportionate mitigation measures shall be applied,

on the basis of existing data, to address those effects.

(8) Where it is not possible to apply the

mitigation measures required in accordance with sub-

regulation (7), the operator of the installation shall be

required to adopt appropriate compensatory measures

to address those effects which, if other proportionate

compensatory measures are not available, may take the

form of a monetary compensation for species protection

programmes, in order to ensure or improve the

conservation status of the species affected.

(9) Where the integration of renewable energy

into the electricity system requires a project to reinforce

the grid infrastructure, within or outside dedicated

infrastructure areas, and such a project is subject to a

screening process carried out pursuant to sub-regulation

(5), or to a determination whether the project requires

an environmental impact assessment, or an

environmental impact assessment pursuant to

regulation 10 of the Environmental Impact Assessment

Regulations, such a screening process, determination or

environmental impact assessment shall be limited to the

potential impact arising from the change or extension

compared to the original grid infrastructure.".

5. Regulation 19 of the principal regulations shall be Substitutes

regulation 19 of

substituted by the following new regulation

the principal

regulations.

(1) The permit-granting procedure shall

cover all relevant administrative permits to build,

the permit-granting

repower and operate renewable energy plants, including

those combining different renewable energy sources,

heat pumps and co-located energy storage, including

power and thermal facilities, as well as assets necessary

for the connection of such plants, heat pumps and

storage to the grid and to integrate renewable energy

into heating and cooling networks, including grid-

connection permits and where required, environmental

assessments.

(2) The permit-granting procedure shall

comprise all administrative stages, from the

acknowledgment of the completeness of the permit

application in accordance with sub-regulation (3), up to

the notification of the final decision on the outcome of

the permit-granting procedure by the relevant

competent authority or authorities.

(3)

Every relevant authority which is

responsible for the issuing of any administrative permit

associated with renewable energy plants, shall

acknowledge the completeness of the application or, if

the applicant has not sent all the information required to

process the application, shall request that the applicant

submit a complete application without undue delay

Provided that such acknowledgement or

request as the case may be, shall be provided within

thirty (30) days, for renewable energy plants located in

renewables acceleration areas, and within forty-five

(45) days, for renewable energy plants located outside

renewables acceleration areas, from receipt of an

application for a permit.

(4) The date of acknowledgement of the

completeness of the application by the relevant

authority shall indicate the commencement of the

permit-granting procedure.

(5) An ad hoc set-up made up of the relevant

permitting authorities of which the Regulator of energy

services and the competent authority for development

permitting shall be permanent members, shall act as a

single contact point for the entire administrative permit-

application and permit-granting procedure

Provided that any other relevant permitting

authority may be added to the set-up as required.

(6) The contact point designated in line with

sub-regulation (5) shall, upon the request of the

applicant, guide and facilitate the applicant during the

entire administrative permit-application and permit-

granting procedure and the applicant shall not be

required to contact more than one (1) contact point

during the entire procedure.

(7) The contact point designated in line with

sub-regulation (5) shall guide the applicant through the

administrative permit-application procedure, including

the steps relating to the protection of the environment,

in a transparent manner until the delivery of one or

more decisions by the competent authorities at the end

of the permit-granting procedure, provide the applicant

with all necessary information and where appropriate,

involve other administrative authorities.

(8) The contact point designated in line with

sub-regulation (5) shall ensure that the deadlines for the

permit-granting procedures set out in these regulations

are met.

(9) All relevant authorities shall allow

applicants to submit relevant documents digitally,

provided that by the 21st November 2025, all permit-

granting procedures referred to in sub-regulation (1)

shall be carried out in electronic format.

(10) The contact point designated in line with

sub-regulation (5) shall make available a manual of

procedures for developers of renewable energy plants

and shall provide such information online, addressing

also distinctly small-scale renewable energy projects,

renewables self-consumers projects and renewable

energy communities.

(11) Should more than one (1) contact point be

designated in line with sub-regulation (5), online

information shall indicate the contact point relevant to

the application in question.

(12) Every relevant authority shall ensure that

applicants and the general public have easy access to

simple procedures for the settlement of disputes

concerning the permit-granting procedure and the

issuance of permits to build and operate renewable

energy plants, including where applicable, alternative

dispute resolution mechanisms.

(13) Administrative and judicial appeals in the

context of a project for the development of a renewable

energy plant, the connection of such plant to the grid,

and the assets necessary for the development of the

energy infrastructure networks required to integrate

energy from renewable sources into the energy system,

including appeals related to environmental aspects,

shall be ensured to be subject to the most expeditious

administrative and judicial procedure that is available.

(14) Every relevant authority shall take into

account the planned installed renewable energy

generation capacity provided for in Malta’s integrated

national energy and climate plans submitted pursuant to

Articles 3 and 14 of Regulation (EU) 2018/1999 to

ensure its staff complement is suitably qualified and to

make any plans for upskilling and reskilling which may

be deemed necessary.

(15) Except when it coincides with other

administrative stages of the permit-granting procedure,

the duration of the permit-granting procedure shall not

include

(a) the time during which the renewable

energy plants, their grid connections and, with a

view to ensuring grid stability, grid reliability and

safety, the time during which the related

necessary grid infrastructure, is being built or

repowered;

(b) the time for the administrative stages

necessary for significant upgrades to the grid

required for ensuring grid stability, grid reliability

and grid safety;

(c) the time for any judicial appeals and

remedies, other proceedings before a court or

tribunal and alternative dispute resolution

mechanisms, including complaint procedures and

non-judicial appeals and remedies.

(16) All relevant authorities shall make publicly

available the decisions resulting from the permit-

granting procedures.".

6. Immediately after regulation 19 of the principal

regulations, as substituted, there shall be added the following new

(1) The

permit-granting

procedure

referred to in regulation 19(1) shall not exceed two (2)

years for renewable energy projects located outside

renewables acceleration areas provided that in the case

of offshore renewable energy projects, the permit-

granting procedure shall not exceed three (3) years.

(2) The timeframes referred to in sub-regulation

(1) shall be subject to the project developer complying

with reasonable timeframes established by each

relevant authority for the submission of any required

documentation, provided that, where duly justified on

the grounds of extraordinary circumstances, including

the extension of periods required for assessments in

accordance with the applicable Union environmental

legislation, any of those periods may be extended by up

to six (6) months, and in such case the project developer

shall be clearly informed of the extraordinary

circumstances that justify such an extension.

(3) Where an environmental assessment is

required pursuant to the Environmental Impact

Assessment Regulations or the Flora, Fauna and Natural

Habitats Protection Regulations as part of the permit

granting procedure for renewable energy projects located

outside renewables acceleration areas, it shall be carried

out in a single procedure that combines all relevant

assessments for the given renewable energy project, and

the relevant authority, taking into account the

information provided by the project developer, shall

issue an opinion on the scope and level of detail of the

information to be included by the project developer in

the environmental impact assessment report, of which

the scope shall not be subsequently extended.

(4) Where a renewable energy project has

adopted the necessary mitigation measures, any killing or

disturbance of the species protected in accordance with

regulations 24 and 25 of the Flora, Fauna and Natural

Habitats Protection Regulations and regulation 4(1) of

the Conservation of Wild Birds Regulations shall not be

considered to be deliberate.

(5) Where the mitigation measures to prevent as

much as possible the killing or disturbance of species

protected under the Flora, Fauna and Natural Habitats

Protection Regulations and the Conservation of Wild

Birds Regulations, or any mitigation measures adopted to

prevent any other environmental impact, have not been

widely tested as regards their effectiveness, their use may

be allowed for one (1) or several pilot projects for a

limited time period, provided that the effectiveness of

such mitigation measures is closely monitored and

appropriate steps are immediately taken if they do not

prove to be effective.

(6) The permit-granting procedure shall not

exceed twelve (12) months for land-based, or two (2)

years for offshore projects of the following types when

located outside renewables acceleration areas

(a) the repowering of renewable energy

power plants;

(b) new installations with an electrical

capacity of less than one hundred and fifty

kilowatts (150 kW);

(c) co-located energy storage;

(d) the connection to the grid for the

projects described in paragraphs (a) to (c).

(7) The timeframes established in sub-regulation

(6) shall include any environmental assessments which

may be required by the relevant law and either one may,

where duly justified on the grounds of extraordinary

circumstances, be extended by up to (3) three months

subject to the project developer being clearly informed of

the extraordinary circumstances that justify such an

extension.

(1) Where the repowering of a renewable

energy power plant does not result in an increase of the

capacity of said renewable energy power plant beyond

fifteen percent (15%), and without prejudice to any

assessment of potential environmental impact required

pursuant to sub-regulations (2) and (3), the applicable

timeframe for granting connections to the transmission

or distribution grid shall not exceed three (3) months

following notification to the relevant authority unless

there are justified safety concerns or there is technical

incompatibility of the system components.

(2) Where the repowering of a renewable energy

power plant is subject to a determination as to whether

the project requires an environmental impact assessment,

or to an environmental impact assessment pursuant to

regulation 10 of the Environmental Impact Assessment

Regulations, such a determination or environmental

impact assessment shall be limited to the potential

impact arising from a change or extension compared to

the original project.

(3) Where the repowering of a solar installation

does not entail the use of additional space and complies

with the applicable environmental mitigation measures

established for the original solar installation, the project

shall be exempt from any applicable requirements to

determine whether the project requires an environmental

impact assessment, or the carrying out of an

environmental impact assessment pursuant to regulation

10 of the Environmental Impact Assessment

Regulations.

(1) The relevant authorities shall ensure

that the permit-granting procedure referred to in

installation of solar

regulation 19 for the installation of solar energy

equipment and co-located energy storage, including

building-integrated solar installations, in existing or

future artificial structures, with the exclusion of

artificial water surfaces, shall not exceed three (3)

months, provided that the primary aim of such artificial

structures is not solar energy production or energy

storage.

(2) Certain areas or structures may be excluded

from the application of the timeframe established in

sub-regulation (1) for the purpose of protecting cultural

or historical heritage, national defence interests, or

safety reasons.

(3) By way of derogation from regulation 10(2)

of the Environmental Impact Assessment Regulations,

and from items 3.1.2.1, 3.4.2.1 and 10.0.2.7, alone or in

conjunction with item 13.0.1.1 of Schedule I to the said

regulations, the installation of solar equipment referred

to in sub-regulation (1) shall be exempt from the

requirement, if applicable, to carry out a dedicated

environmental impact assessment pursuant to

regulation 6(1) of the said regulations.

(4) The relevant authorities shall ensure that the

permit-granting procedure for the installation of solar

energy equipment with a capacity of one hundred

kilowatts (100 kW) or less, including for renewables

self-consumers and renewable energy communities,

shall not exceed one (1) month.

(5) In respect of the permit-granting procedure

referred to in sub-regulation (4), the lack of reply by the

relevant authorities or entities within the established

deadline following the submission of a complete

application shall result in the permit being considered

as granted, provided that the capacity of the solar

energy equipment does not exceed the existing capacity

of the connection to the distribution grid.

(6) Where the application of the capacity

threshold referred to in sub-regulation (4) leads to a

significant administrative burden or to constraints to the

operation of the electricity grid, a lower capacity

threshold may be applied, which shall, in all cases,

remain above ten point eight kilowatts (10.8 kW).

(1) The relevant authorities shall ensure

that any permit-granting procedure which may be

applicable to the installation of heat pumps below fifty

megawatts (50 MW) shall not exceed one (1) month,

provided that in the case of ground source heat pumps,

any applicable permit-granting procedure shall not

exceed three (3) months.

(2) The relevant authorities shall ensure that

connections to the transmission or distribution grid

shall be permitted within two (2) weeks of the

notification to the relevant entity for

(a) heat pumps of up to twelve kilowatts

(12 kW) electrical capacity; and

(b) heat pumps of up to fifty kilowatts (50

kW) electrical capacity installed by renewables

self-consumers, provided that the electrical

capacity of a renewables self-consumer’s

renewable electricity generation installation

amounts to at least sixty percent (60%) of the

electrical capacity of the heat pump.

(3) The timeframe laid down in sub-regulation

(2) shall not be applicable where

(a) there are justified safety concerns; or

(b) further works are required for grid

connections; or

(c) there is technical incompatibility of

the system components.

(4) Relevant authorities may exclude certain

areas or structures from the application of sub-

regulations (1) and (2) for the purpose of protecting

cultural or historical heritage, national defence interests

or safety reasons.

(5) Relevant authorities shall make all decisions

resulting from the permit-granting procedure referred to

in this regulation publicly available in accordance with

any applicable laws.

(1) Until climate neutrality is achieved,

the relevant authorities shall ensure that, in the permit-

granting procedure, the planning, construction and

operation of renewable energy plants, the connection of

such plants to the grid, the related grid itself, and

storage assets are presumed as being in the overriding

public interest and serving public health and safety

when balancing legal interests in individual cases for

the purposes of regulation 19(2), regulation 19(3) and

regulation 44(c) of the Flora, Fauna and Natural

Habitats Protection Regulations, regulation 5(7) of the

Water Policy Framework Regulations, and the

dispositions of regulation 9(1)(a) to 9(1)(d) of the

Conservation of Wild Birds Regulations.

(2) In duly justified and specific circumstances,

the application of sub-regulation (1) may be restricted

to certain parts of the Maltese territory, to certain types

of technology or to projects with certain technical

characteristics in accordance with the priorities set out

in Malta’s integrated national energy and climate plans

submitted pursuant to Articles 3 and 14 of Regulation

(EU) 2018/1999, subject to the Commission being

informed of such restrictions, together with the reasons

therefor.".

7. In the Maltese version only of the principal regulations, the General

words "stallazzjoni" u "istallazzjoni", wherever they occur, shall be amendment

the principal

substituted by the word "installazzjoni" and the words regulations.

"stallazzjonijiet" and "istallazzjonijiet", wherever they occur, shall be

substituted by the word "installazzjonijiet".

€1.32