and their Determination) Regulations, 2025

L.N. 53 of 2025

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Environmental Permitting (Procedure for Applications

and their Determination) Regulations, 2025

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

the Environment Protection Act, the Minister responsible for the

environment, after consultation with the Environment and Resources

Authority, has made the following regulations:-

PART I

INTERPRETATION AND APPLICABILITY

(1) The title of these regulations is the Environmental

Permitting (Procedure for Applications and their Determination)

commencement.

Regulations, 2025.

(2) These regulations provide a framework for environmental

permits, laying down the thresholds and procedure and serve as

guidance for the Environment and Resources Authority to authorise

and regulate any activity, operation or intervention that may have an

effect on the environment.

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

months from their publication in the Gazette.

Operations, interventions and activities falling within the scope of

these regulations

(regulations 4, 9, 11, 13, 15, 18, 25)

The following operations, interventions and activities shall

require a permit in accordance with these regulations, and the level

type and application fee payable for each category shall be applicable

as indicated in the table

The following notations shall be interpreted as follows

#

Identifies those categories which shall be published on the

Authority’s website for representations in accordance with regulations

9(3) and 13(1) and which require a decision to be taken in public in

accordance with regulation 15(2);

†

Identifies those categories which may be exempt from the

application fee for reasons of research or educational purposes as

stipulated in regulation 25.

Category

Operation, intervention or

Type of

Fee for a new

activity

application or

application

permit

Waste management operations

€100 for each

Consignment

authorisation

1.1

Level I

Consignment

on land

Permit;

Mobile unit for treatment of

1.2

waste on the site of

Level I

€750

generation

Storage of hazardous wastes

1.3

in quantities of more than 5

Level II

€1,500

tonnes per day (#)

Quarry operations, which

may include stone extraction

and, or the recycling of inert

Level II

€1,500

1.4

waste or construction and

demolition waste (#)

Backfilling of excavation

voids as defined by the

Waste

Management

1.5

(Management of Waste from

Level II

€1,000

Extractive Industries and

Backfilling)

Regulations

(S.L. 549.50.) (#)

Category 1.5 operations

1.6

which include crushing prior

Level II

€750

to backfilling (#)

1.7

Civic amenity site (#)

Level II

€1,500

€500 or as

otherwise

established in

Producer

Responsibility

1.8

Level II

Organisation

relevant

subsidiary

legislation

Other waste management

operations,

not

listed

elsewhere in this Schedule,

and other operations within

the scope of the Waste

Regulations (S.L. 549.63),

1.9

except works requested by

Level II

€1,500

the Authority for the purpose

of site remediation or

restoration, stabilisation of

material

or

other

environmental improvement

(#)

Non-hazardous

waste

collection,

treatment,

disposal, temporary storage

and, or preparation for reuse

(including

packaging,

Level II

€1,500

1.10

sorting and, or processing of

waste prior to reuse or

recovery), except waste

generated on the same site

(#)

Depot

carrying

out

temporary

storage

of

construction and demolition

1.11

Level II

€1,500

waste and preparation for

reuse, recycling or recovery

of such waste (#)

Hazardous waste collection,

temporary storage, treat-

ment, (including packaging

sorting and, or processing of

waste prior to preparation

Level III

€2,500

1.12

for reuse, recycling or recov-

ery), preparation for reuse,

recycling and, or disposal

except waste generated on

the same site (#)

Consignment and disposal at

€1,500 and a fee

sea, including operations in

per tonne as

1.13

Level II

association with Category

established by the

2.1

Authority

Waste incineration or co-

1.14

Level III

€2,500

incineration (#)

Decontamination and, or

disposal as regulated by the

Waste

Management

1.15

(Polychlorinated Biphenyls

Level III

€2,500

and

Polychlorinated

Terphenyls)

Regulations

(S.L. 549.28.) (#)

Transboundary movements

of waste subject to the prior

informed consent procedure

pursuant to Regulation (EU)

2024/1157 of the European

As established in

Parliament and of the

the Waste

Council of 11 April 2024 on

Management

shipments

of

waste,

Trans-frontier

(Shipments of

1.16

amending Regulations (EU)

shipment permit

Waste)

No 1257/2013 and (EU)

Regulations

2020/1056 and repealing

(S.L. 549.65.)

Regulation (EC) No 1013/

2006 and the Waste

Management (Shipments of

Waste) Regulations (S.L.

549.65.)

Modifications to written

consents for transboundary

movements of waste subject

to the prior informed consent

procedure

pursuant

to

Regulation (EU) 2024/1157

of the European Parliament

and of the Council of 11

€100 for every

Not applicable

1.17

April 2024 on shipments of

amendment

waste,

amending

Regulations (EU) No 1257/

2013 and (EU) 2020/1056

and repealing Regulation

(EC)

No

1013/2006

and the Waste Management

(Shipments

of

Waste)

Regulations (S.L. 549.65)

Interventions and activities in relation to biodiversity and the natural

environment

As established in

the Trees and

Registration as licensed tree

Woodlands

1.18

specialist

Protection

Regulations (S.L.

549.123.)

€100

Provided that

clean-up activities

Activity

involving

may, at the

1.19

persons or more, within a

discretion of the

protected area (†)

authority, be

exempt from

paying such fee

Operations, structural or

1.20

permanent interventions, in a

€100

protected area (†)

Taking of species protected

under the Flora, Fauna and

Natural Habitats Protection

1.21

Regulations (S.L. 549.44.)

€ 20

(†), other than hunting,

trapping, scientific ringing

Level I

or geo-tagging of birds

Interventions on up to 10

1.22

€20

protected trees

Interventions on more than

1.23

€100

10 protected trees (#)

Importation

of,

and

operations

related

to,

invasive alien species of

national

or

European

1.24

concern, other than the

€100

control or removal of such

species in accordance with

the methodology approved

by the Authority (#) (†)

Interventions and activities

for the purpose of access to

1.25

genetic resources through

€100

prior informed consent for

wildlife, except birds (#) (†)

Use of genetically modified organisms

Notification of the following as defined in the Contained Use of Genetically Modified

Micro-Organisms Regulations (S.L.549.49) and the Deliberate Release into the

Environment of Genetically Modified Organisms Regulations (S.L. 549.60)

First-time use of premises

As established in

for contained use of

the Contained Use

1.26

genetically

modified

of Genetically

organisms (#)

Modified Micro-

Level I

Organisms

Individual contained use of

Regulations

1.27

genetically

modified

(S.L.549.49) and

organisms (#)

the Deliberate

Deliberate

release

of

Release into the

genetically

modified

1.28

Environment of

organisms,

other

than

Genetically

placing on the market (#)

Level III

Modified

Placing on the market of

Organisms

1.29

genetically

modified

Regulations (S.L.

organisms (#)

549.60)

Others

€100 for

Hull cleaning and propeller

registration;

1.30

polishing on vessels greater

Level I

€50 for every

than 30 metres

notification

Renewal

of

existing

1.31

Level I

€800

quarrying licence

As established in

the Limitation of

Operations covered by the

Emissions of

Limitation of Emissions of

Certain Pollutants

Certain Pollutants into the

into the air from

1.32

Level II

Medium

air

from

Medium

Combustion

Plants

Combustion

Plants

Regulations (S.L. 549.122)

Regulations (S.L.

549.122)

Fuel terminals including

those within scope of the

Control of Volatile Organic

Compound

-

VOC

1.33

Emissions (Storage and

Level III

€2,500

Distribution of Petrol from

Terminals

to

Service

Stations) Regulations (S.L.

549.52) (#)

Retail and wholesale of fuel,

including petrol stations

covered by the Control of

Volatile Organic Compound

Level III

€2,500

1.34

- VOC Emissions (Storage

and Distribution of Petrol

from Terminals to Service

Stations) Regulations (S.L.

549.52) (#)

Operations covered by the

Urban

Waste

Water

1.35

Level III

€2,500

Treatment Regulations (S.L.

549.22)

Treatment

plants

of

domestic sewage, industrial

1.36

effluent or farmyard waste,

Level II

€1,500

not covered by Category

1.35 (#)

Ancillary

aquaculture

1.37

Level II

€1,500

facilities (#)

Marine

aquaculture,

1.38

Level III

€2,500

including fish farms (#)

1.39

Onshore aquaculture (#)

Level III

€2,500

Operations covered by the

Industrial

Emissions

(Limitation of Emissions of

1.40

Level III

€2,500

Volatile

Organic

Compounds)

Regulations

(S.L. 549.79)

1.41

Crematorium (#)

Level III

€2,500

As established in

Operations falling within

regulation 23 and

scope of Schedule 1 to the

Schedule 5 to the

Industrial

Industrial

Emissions

(Integrated

Pollution

Emissions

IPPC permit

(Integrated

1.42

Prevention and Control)

Regulations (S.L. 549.77)

Pollution

Prevention and

and the Industrial Emissions

(Framework)

Regulations

Control)

(S.L.549.76) (#)

Regulations (S.L.

549.77)

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Environment Protection Act;

"activity", "intervention" or "operation" means any

practice, operation, physical works or event that may affect the

environment or that otherwise relates to any matter falling within

the scope of the Act, and which thus requires a permit from the

Authority in accordance with these regulations;

"applicant" means a person or entity who submits an

application for a permit in accordance with these regulations;

"application" means an application for a permit submitted

in accordance with these regulations;

"Authority" means the Environment and Resources

Authority as established in article 6 of the Act;

"cessation" means the intent of a permit holder to

permanently halt any activity, intervention or operation covered

by a valid permit;

"dismiss" means the Authority’s dismissal of an application

in accordance with these regulations;

"emergency permit" means a permit issued by the

Authority for an activity, intervention or operation which

requires immediate authorisation in accordance with these

regulations;

"electronic system" means the Environment Resources

Information System (ERIS), or any other electronic system in

use by the Authority in connection with the management and

processing of applications;

"grant" means the approval of a permit subject to any

terms, conditions and, or limitations deemed appropriate by the

Authority;

"IPPC" means integrated pollution prevention and control;

"interested third party" means a person who has duly

submitted representations on an application within the applicable

time frame in accordance with regulation 13;

"operator" means a person or entity who operates or

controls in whole or in part the operations, or to whom decisive

control over the functioning of the installation, site or plant has

been delegated;

"partial grant" means the approval of a permit for part or

parts of the activity, intervention or operation subject to all

terms, conditions and, or limitations deemed appropriate by the

Authority;

"permit" means a permit issued by the Authority in

accordance with these regulations;

"permit holder" means a person or entity who has been

granted a permit by the Authority;

"renewal" means the extension of the validity period of an

existing and valid permit, without any changes to the authorised

activity, intervention, operation or site;

"Tribunal" means the Environment and Planning Review

Tribunal established by article 3 of the Environment and

Planning Review Tribunal Act;

"validation" means the initial acceptance by the Authority,

of an application following satisfactory adherence to the

requirements for further processing of the application.

(2) In matters of interpretation of any term or provision of

these regulations, or as to whether an activity, intervention or

operation causes or is likely to cause harm to the environment, or

whether it meets any requirement of these regulations, whether explicit

or implied, the interpretation of the Authority shall prevail.

Operations, interventions and activities for which clearance in

accordance to regulation 35(4) may be granted

The following operations, interventions and activities shall

require clearance within six (6) months from entry into force of these

regulations, and subsequently clearance under these regulations. The

level type and application fee payable for each category shall be

applicable as indicated in the table

The following note shall be interpreted as follows

#

Identifies those categories that at the stage of renewal of

the clearance as a permit are to be published on the Authority’s

website for representations in accordance with regulations 9(3) and

13(1) and which require a decision to be taken in public in accordance

with regulation 15(2);

Cate-

Operation, Intervention or

Type of application

Fee for a

gory

Activity

orpermit

new appli-

cation

€2,500 and

Reclamation on land or at sea,

a fee per

using inert waste or stabilised

metre cubed

waste that has reached end-of-

(m 3 ) as

2.1

Level III

waste status, in association with

established

Category 1.13 where reclamation

by the

or dumping is at sea (#)

Authority

2.2

Animal slaughterhouse (#)

Level II

€1,500

2.3

Rendering plant (#)

Level II

€1,500

Quarrying operations not covered

2.4

Level II

€1,500

by category 1.4 or 1.31 (#)

Manufacture of computer, elec-

2.5

tronic and electrical equipment

Level II

€1,500

and optical products

Manufacture or processing of

asphalt or other non-metallic min-

2.6

eral products, including batching

Level II

€1,500

plants, but excluding temporary

plants (#)

Manufacture and blending of

chemical and fuel products and

man-made fibres, excluding dilu-

2.7

tion with water only and not

Level II

€1,500

involving chemical or biological

processes, and also excludes fire-

works factories (#)

2.8

Operations involving galvanising

Level II

€1,500

or sand blasting of materials

exceeding 10 tonnes every day (#)

2.9

Manufacture of rubber and plastic

Level II

€1,500

products

2.10

Manufacture of animal feed with a

Level II

€1,500

production of more than 10 tonnes

every day (#)

2.11

Yards and other premises on land

Level II

€1,500

for repair and maintenance of

vessels, aircraft and other

transport, exceeding 1000 square

meters and not covered by

Category 1.40

Level II

€1,500

2.12

Operations with a discharge of

trade effluent to sea, land, storm

or rainwater drains or culverts,

falling within the scope of the

Water

Policy

Framework

Regulations (S.L. 549.100)

Note: Trade effluent means any

liquid, with or without other

material in suspension or

dissolved in it, which is

discharged from trade premises,

other than uncontaminated storm

water run-off and domestic

sewage.

2.13

Marine container terminals (#)

Level III

€2,500

2.14

Shipyards and ancillary operations

Level III

€2,500

(#)

2.15

Wholesale of solid, liquid and

Level III

€2,500

gaseous fuels, industrial gases and

related products (#)

2.16

Cement packaging facility (#)

Level II

€1,500

2.17

Cement terminal (#)

Level III

€2,500

2.18

Manufacture of pharmaceutical

Level III

€2,500

products and pharmaceutical

preparations, excluding

(a) production of active

pharmaceutical

ingredients

and intermediates; and

(b) operations that are

limited to repackaging only.

€2.52

These regulations shall apply for any application for a

permit processed by the Authority. In the event of any conflict between

these regulations and any other legislation issued under the Act, these

regulations shall prevail

Provided that in the event of any conflict between these

regulations and the Industrial Emissions (Integrated Pollution

Prevention and Control) Regulations, the latter regulations shall

prevail.

PART II

GENERAL PROVISIONS

(1) No person shall carry out an activity, intervention or

operation set out in the First Schedule or Second Schedule unless he is

in possession of a permit issued by the Authority in accordance with

these regulations. Such permits shall fall under the following

categories as identified in the First and Second Schedule, as the case

may be

(a)

Level I;

(b)

Level II; and

(c)

Level III.

(2) A permit granted in accordance with these regulations shall

not relieve any person from the need to obtain any permit, license or

authorisation as may be required by any other law, or any relevant

consent from third parties.

(3)

The Authority may issue additional documentation to

supplement the Schedules on its website.

The Authority may grant, partially grant or refuse any Granting and

refusal of

application for a permit.

permits.

(1) In the granting or partial granting of a permit, the Conditions and

Authority shall include any condition, approved specification and, or requirements

a permit.

limitation as it deems appropriate.

(2) The Authority may also include pre-requisites for the

execution of the permit, including pre-operational requirements,

financial or other guarantees, environmental legal obligations or

otherwise, rectification of existing infringements, settlement of

outstanding fines and, or other requirements as it deems appropriate. If

the applicant fails to fulfil such pre-requisites within the period

specified in the Authority’s decision or, in the absence of any such

stipulated period, within six (6) months from the date of such decision,

the decision shall be dismissed ipso facto without the requirement for

any action by the Authority.

(3) The Authority may include conditions relating to

rehabilitation, restoration, after-use, monitoring, remedial action and,

or compensatory action, to be carried out before, during or after the

cessation of an activity, intervention or operation covered by a permit.

In such instances

(a) the permit holder shall not be exonerated from such

conditions after the permit has expired; and

(b) any guarantee in favour of the Authority related to a

permit shall not be released until the Authority is satisfied that

the conditions of the permit have been duly complied with and

that the actions requested by the Authority have been duly

undertaken to prevent, mitigate or offset the adverse impact of

the activity, intervention or operation covered by a permit.

In addition to the terms, conditions, specifications and Other

limitations of the permit, the Authority may also require one (1) or requirements.

more of the following, as it deems necessary to address circumstances

that may affect the surrounding environment, and such requirements

shall be carried out at the expense of the permit holder

(a)

additional monitoring;

(b)

engagement of consultants or specialists;

(c)

review of operational practices;

(d)

conduction or commissioning of audits;

(e)

abatement measures; and

(f) setting of limits on emissions, discharges, effluents,

waste streams or resource consumption associated with the

activity, intervention or operation covered by a permit.

PART III

PERMITTING PROCEDURES

(1) A person intending to carry out an activity,

intervention or operation falling within the scope of these regulations

shall submit an application for a permit in the form established and

published on the website of the Authority.

(2) When submitting an application, the applicant shall follow

the format prescribed by the Authority and shall comply with any

guidance and terms of reference issued and published on the website of

the Authority. The applicant shall also submit any other information,

correction or clarification required by the Authority as part of the

application process.

(1) An application for a permit shall be valid if the

applicant has duly fulfilled the requirements of regulation 8 and has

paid to the Authority the applicable fee as stipulated in the respective

Schedule.

(2) Upon the validation of an application, the Authority shall

issue a confirmation to the applicant.

(3) Following validation, those applications falling within

those categories indicated within the First Schedule shall be published

on the Authority’s website for any person to declare an interest and

make representations in accordance with regulation 13

Provided that this sub-regulation shall also apply to those

categories identified in the Second Schedule in case of an application

for the renewal of a permit on which clearance has been given in

accordance with the proviso to regulation 35(7).

(4) An application which is not in conformity with this

regulation shall be deemed as incomplete and shall not be processed by

the Authority. The Authority may dismiss an application that has

remained incomplete and invalid for a period exceeding six (6)

months.

(1) The Authority shall assess the validated application Processing and

and process it for a decision. The Authority may also require the assessment

applications.

submission of additional information or documents and, or the

carrying out of studies or investigations.

(2) The applicant shall comply with requirements and any

associated time-frames as may be stipulated by the Authority. Failure

to submit requested information, documents or other requirements to

the Authority’s satisfaction and within the stipulated period shall be

construed as a refusal by the applicant to comply with the Authority’s

request, and the Authority shall proceed to process the application with

the submissions made available to it, or to dismiss the application in

accordance with these regulations, as it considers appropriate.

(1) The time limit for the processing of applications shall Processing time

start to run on the date of publication on the Authority’s website of the period

applications.

validated application by the said Authority and shall be a maximum

period as follows

(a) fifteen (15) days for categories 1.1, 1.13, 1.18, 1.30

and 1.31 of the First Schedule;

(b)

ninety (90) days for other Level I applications;

(c) one hundred and twenty (120) days for other Level II

applications; and

(d) two hundred and seventy (270) days for Level III

applications.

(2) When an application includes more than one (1) activity,

intervention or operation listed in the First or Second Schedule, the

longest of the processing time periods listed in this regulation shall

apply, unless the Authority agrees to a phased processing of the

application, and in such case the time period shall be apportioned as

the Authority deems appropriate.

(3) The Authority may extend the processing time whenever

there are any modifications to the proposal and, or when external

consultation on specific technical matters is required for the

processing of the application, and in such instance it shall inform the

applicant in writing. In any case, such extension shall not exceed a

total period of twelve (12) months for Level I applications and

eighteen (18) months for Level II or Level III applications.

(4) The processing of an application for an activity, operation

or intervention that may require assessment, screening or any other

submission or action in accordance with other environmental

legislation, including but not limited to the Flora, Fauna and Natural

Habitats Protection Regulations and the Environmental Impact

Assessment Regulations, shall be suspended until such time that such

requirements have been duly fulfilled to the satisfaction of the

Authority.

(1)

In the processing of an application, the Authority

may consult any other public entity as may be required. In the event

that a permit is granted, any condition proposed by such entities and

included in the permit shall be enforced by the respective entity.

(2) If the Authority does not receive any feedback from the

consulted entity within the stipulated time-frame, it shall be construed

as a no objection from such entity.

(1)

Any person may make representations on

applications falling within those categories indicated within the First

Schedule as well as for those categories indicated in the Second

Schedule in case of an application for the renewal of a permit on which

clearance has been given according to the proviso to regulation 35(7).

The consultation periods shall be ten (10) days for Level I

applications, twenty (20) days for Level II applications and thirty (30)

days for Level III applications, which in all cases shall start to run on

the date of publication in accordance with regulation 9(3). Such time-

frames shall also be applicable to consultations indicated in regulation

12, but may be shortened to seven (7) days in urgent cases as may be

indicated in the aforesaid publication.

(2) The representations shall be submitted in writing through

the electronic system, in Maltese or English. Representations that are

submitted outside the period stipulated in these regulations shall not be

considered by the Authority.

(3) The Authority shall ensure that due account is taken of the

matters raised in the representations, insofar as relevant to the merits

of the application and falling within its remit

Provided that such representations shall not be binding on

the Authority.

(1) The processing of an application may be suspended

upon the request of the applicant, for not more than two (2) calendar

years in aggregate, which shall start to run on the date of the respective

written communication. The request shall be subject to the Authority’s

approval, which may be granted, partially granted or dismissed.

(2) The applicant may reactivate the application at any time by

withdrawing his request for suspension in writing. In the absence of

such reactivation, the application shall be dismissed ipso facto upon

the expiry of the suspension period established in sub-regulation (1)

and no further processing by the Authority shall be required.

(3) The processing of an application may be suspended by the

Authority, inter alia for the following reasons

(a) if in the Authority’s opinion, the proposal or the

situation on site, or both, have been modified or updated in a

substantial manner such that the details currently being assessed

are superseded, outdated, insufficient or no longer reflecting the

actual situation; or

(b) if any material flaw, malpractice or distortion is

discovered with regard to the already-initiated processing or the

actual situation on site, or both.

(4) At any stage following the suspension in accordance with

sub-regulation (3), the Authority may, as it deems most appropriate,

while taking into account the factors that led to the suspension

(a) reactivate the processing, subject to any required

clarifications, updates or corrections;

(b)

direct that the process be resumed at an earlier stage;

(c)

proceed to a decision with the available information;

or

(d)

dismiss the application.

(1) The Authority shall take a decision on an application Decisions on

applications for

that falls within the scope of these regulations.

a permit.

(2) Decisions on applications as identified in the First Schedule

shall be taken in public

Provided that this sub-regulation shall also apply to those

categories identified in the Second Schedule in case of an application

for the renewal of a permit on which clearance has been given in

accordance with the proviso to regulation 35(7).

(3) Decisions taken by the Authority on applications shall be

made available to the public through the Authority’s website.

(1) A permit which is granted or partially granted shall

remain valid for such a time as specified by the Authority in such

permit.

(2)

A permit shall continue to be valid unless

(a)

the validity period established in sub-regulation (1)

expires;

(b)

cessation occurs in accordance with regulation 24; or

(c) it is revoked in whole or in part, in accordance with

regulation 21 and articles 65 and 66 of the Act.

(1) An application for an emergency permit may be

submitted to the Authority in cases requiring immediate action due to

(a)

threat to the environment or national heritage;

(b) circumstances which are likely to endanger life,

health or public safety;

(c) circumstances which may increase the environmental

risk or environmental impact of other projects, situations, actions

or accidents if authorisation is delayed; or

(d) significant national importance as declared by the

Minister.

(2) Such applications for emergency permits shall be

accompanied by a report prepared by a warranted engineer or architect

or other duly qualified expert in the field, as may be relevant. The

report shall certify the nature of the emergency that merits such a

permit. This provision shall be without prejudice

(a) to the undertaking of any further studies or

investigations that may be mandatory or otherwise essential;

(b) to the Authority’s decision to grant, refuse or partially

grant the permit; and

(c) to the specifications, limitations and conditions that

the Authority may deem appropriate.

(3) When processing applications for emergency permits, the

Authority may deviate from the processing and consultation time-

frames as it deems appropriate for effective and timely addressing of

the situation. In such instances, regulations 9(3), 13, 15(2) and 32 shall

not be applicable.

(4) An emergency permit shall be valid for a period of time as

determined by the Authority which shall not exceed six (6) months.

(1) A permit holder may apply for the renewal of the Renewal of a

permit during its period of validity as may be specified in the permit permit.

conditions

Provided that permits falling within the scope of Categories

1.13, 1.16 and 1.17 in the First Schedule shall not be renewed.

(2) The Authority may decide to grant, partially grant or refuse

the renewal of a permit, and may also vary and, or modify any

condition. The Authority may also request any further information or

detail from the permit holder as may be required for the renewal

process.

(3) The permit shall only be considered as renewed once the

Authority issues the renewed permit. The processing of renewal

applications shall follow the processing time periods stipulated in

regulation 11.

(1) The Authority may, at any time, vary the conditions Variation of

laid down in a permit where such a variation is of a minor or permits.

administrative nature such as typographical corrections or changes to

applicant details, or where it is necessary to comply with new or

revised environmental legislation or where the permit needs to be

adapted to meet technical advancements. In such instances, the

Authority shall notify the permit holder of such a decision by issuing a

variation notice.

(2) A permit holder may also submit a request to the Authority

for a variation in accordance with sub-regulation (1).

(3) In the cases stipulated in this regulation, regulations 9(3),

13 and 15(2) shall not be applicable.

(1) A permit holder may request a modification to a Modification of

a permit

permit which is in force in accordance with article 62 of the Act.

requested by the

holder.

(2) The applicant shall submit an application for modification

as well as

(a) the details of the proposed changes, including

relevant drawings, plans and photographs, in a manner that may

be easily compared to what was already covered by the permit;

and

(b)

an assessment of the possible effects on the

environment.

(3) In cases where more than one (1) modification is requested,

a consolidated application shall be submitted to the Authority clearly

reflecting all the requested changes. In such case the processing time

frame shall restart accruing from the date of validation of the

consolidated application, provided that the Authority is satisfied that

such consolidation would be beneficial for environmental or

administrative reasons or that it would not significantly affect the case

processing.

(4) Sub-regulation (3) shall not be applicable to applications

falling within the scope of Regulation (EU) 2024/1157 of the European

Parliament and of the Council of 11 April 2024 on shipments of waste,

amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and

repealing Regulation (EC) No 1013/2006 and the Waste Management

(Shipments of Waste) Regulations.

The Authority may, by a decision, modify or revoke any

permit granted on the grounds of articles 65 and 66 of the Act,.

Without prejudice to any action taken by the Authority in

accordance with Part VII of the Act, the Authority may consider

applications for the continuation of an activity or operation undertaken

fully or partly without authorisation

Provided that such activity or operation is not causing or

has not caused adverse environmental effects

Provided further that in such cases the Authority shall

impose an environmental legal obligation or otherwise in its decision.

(1) A permit shall not be transferred from the permit

holder to another person without prior notification to the Authority and

confirmation of receipt by the Authority. The transfer shall be made by

means of a joint notification by the permit holder and the transferee, on

the form prescribed and published on the website of the Authority.

(2) Upon the Authority’s acknowledgement of the transfer, all

rights, obligations and liabilities shall be transferred onto the

transferee from the date of acknowledgement.

(1) A permit holder may submit an application to the

Authority for cessation of an operation, activity or intervention

covered by a permit.

(2) An application for cessation shall not be accepted by the

Authority until such time that all the studies, reports and submissions

required by the Authority are submitted to the satisfaction of the

Authority.

(3) Prior to the cessation of a permit, the Authority shall verify

that the permit holder is compliant with the conditions and approved

specifications in the permit, particularly but not limited to any

decommissioning, closure, cessation, dismantling, and remediation

obligations as may be relevant. The permit holder shall retain all the

responsibilities for the operations, interventions and activities until the

Authority officially approves the cessation of the permit in writing.

(4) Without prejudice to regulation 6(3), any guarantee in

favour of the Authority shall not be released until the Authority

approves the request for cessation.

(5) Regulations 9(3), 13 and 15(2) shall not be applicable to

cessation of permits.

PART IV

FEES, GUARANTEES AND CONTRIBUTIONS

(1) The Authority shall charge the fees prescribed in the Application

respective Schedule for the processing of an application in accordance fees.

with these regulations. The fees shall be paid by the applicant upon

submission of the application, and the Authority shall not process the

application further until the application fee is settled

Provided that the Authority may exempt the payment of the

application fee for certain applications as identified in the First

Schedule due to research or educational purposes when the application

has been submitted by, or on behalf of an educational institution.

(2) If the fee due has not been paid after the lapse of ninety

(90) days from submission of the application, the application shall be

dismissed.

(3) In the case of emergency applications, non-payment of the

fee shall not suspend the validation stage.

(4) Unless otherwise indicated in sub-regulation (5), the fees

due to the Authority shall be

(a) half of the application fee stipulated in the respective

Schedule, in the case of applications for renewal or for a

substantial modification;

(b) double the application fee stipulated in the respective

Schedule, in the case of applications under regulation 22.

(5)

Notwithstanding the provisions of sub-regulation (4)

(a) in the case of operations falling within the scope of

the Industrial Emissions (Integrated Pollution Prevention and

Control) Regulations, the applicable fees shall be those specified

in the said regulations;

(b) in the case of applications that include more than one

(1) operation falling within the scope of the Industrial Emissions

(Integrated Pollution Prevention and Control) Regulations, the

fees prescribed in the said regulations shall apply cumulatively,

and the fees prescribed in the First Schedule shall not be

applicable;

(c) in the case of operations falling within the scope of

the Limitation of Emissions of Certain Pollutants into the air

from Medium Combustion Plants Regulations, the fees

established in the said regulations shall also be applicable in

addition to the fees prescribed in the respective Schedules; and

(d) the fee for a modification shall not be payable if the

modification is imposed by the Authority and not requested by

the permit holder.

(6) When the Authority refuses or dismisses an application, or

if a permit is only partially granted, or if an application is withdrawn

by the applicant, the fee paid shall not be refunded.

(7) When an application for a permit includes more than one

(1) activity, operation or intervention listed in the First or Second

Schedule, the highest of the corresponding fees shall be applicable

together with a fee of one hundred euro (€100) for every additional

activity, operation or intervention.

(1) The Authority may impose the provision of a

financial guarantee or equivalent safeguard as a condition of the

permit, after considering the impacts and risks associated with any

aspect of the activity, intervention or operation.

(2) When the holder of a permit fails to comply with any of the

conditions laid down in the permit, the Authority may withdraw the

guarantee in full or in part, as it may deem appropriate.

(3) In cases where the Authority withdraws the guarantee

either in part or in full, the operator shall ensure that this is replenished

within a period not exceeding thirty (30) days from date of withdrawal.

Failure to replenish the guarantee within this period shall be construed

as a breach of the permit and of these regulations.

(4) The Authority may release part of the guarantee as it may

deem appropriate in the event of partial compliance, if it is satisfied

that this would not prejudice the effectiveness of the respective permit

conditions and approved specifications.

(1) When granting permits the Authority may impose an Environmental

environmental legal obligation or otherwise in accordance with article contributions.

64 of the Act. Such obligations shall be distinct from any fee or

guarantee attached to the application or to the permit.

(2) In cases where the environmental legal obligation or

otherwise requires a sum to be paid to the Authority in accordance

with article 64(2)(e) of the Act, such sum shall be deposited in the

Environmental Fund established under article 32 of the Act.

PART V

RECONSIDERATION & APPEALS

(1) An applicant may apply for a reconsideration of a Reconsideration.

decision by the Authority within thirty (30) days from the date of the

decision, and an administrative fee of fifty euro (€50) shall be due to

the Authority

Provided that reconsideration shall not be applicable for

those decisions taken in public by the Board of the Authority

Provided further that the reconsideration decision shall be

taken by the Board of the Authority in public.

(2) Requests for reconsideration shall only be valid if done on

the application form prescribed and published on the website of the

Authority. The request for a reconsideration shall not be valid if the

request relates to a change in operations or in the proposal, or a change

in the documentation submitted to the Authority as part of the

processing of the application, or if the request is submitted by any

third party including any entity consulted in accordance with

regulation 12.

(3) When an appeal has been filed before the Tribunal by any

person other than the applicant and the applicant submits a request for

reconsideration in accordance with this regulation, the procedures

before the Tribunal shall be suspended until the request for the

reconsideration is determined and the Authority has submitted a copy

of the decision to the Tribunal, and any time periods established under

the provisions of Environment and Planning Review Tribunal Act in Cap. 551.

relation to the procedures before the Tribunal shall start to run from the

date of receipt by the Tribunal of the reconsideration decision.

An appeal from a decision taken by the Authority may be

filed before the Tribunal within thirty (30) days from the publication of

the decision on the Authority’s website by

(a)

an applicant, in relation to an application filed by

him; or

(b) a registered interested third party, only in relation to

the applications falling within the scope of regulation 13.

(1) The execution and validity of a permit which was

subject to public consultation in accordance with regulation 13 and for

which representations from interested third parties were submitted,

shall be automatically and temporarily suspended for thirty (30) days

from publication of the decision on the Authority’s website, and no

works, interventions, operations or activities may commence before

the lapse of such period.

(2) The permit may subsequently remain suspended if the

Tribunal so decides in accordance with the Environment and Planning

Review Tribunal Act.

(3) The suspension prescribed in sub-regulations (1) and (2)

shall not be applicable to the following permits

(a)

emergency permits;

(b)

renewed permits;

(c)

clearance issued in accordance to regulation 35(4);

(d) permits which were not subject to an Environmental

Impact Assessment and, or IPPC permit and which in the opinion

of the Minister

(i) are of strategic significance or of significant

national importance;

(ii) are related to any obligation ensuing from

European Union legislation;

(iii) affect national security or the interests of other

governments; or

(iv) affect response to civil or environmental

emergencies.

PART VI

MISCELLANEOUS PROVISIONS

(1) The Authority shall retain all information required Disclosure of

from the applicant for the processing of the application and shall information.

publish the details of the applicant consisting of the following

(a)

the name and surname of the applicant;

(b)

the proposed operation, intervention or activity;

(c)

the location, if applicable; and

(d)

the decision of the Authority.

(2) Upon the request of the applicant, the Authority may censor

financially or commercially sensitive information.

(1) The offices of the Authority shall be closed between Inactive periods.

the 23rd of December of every year and the 1st of January of the

following year, both days included.

(2) One week prior to Easter Sunday and the period between

the 8th and 22nd of August of every year shall be considered as

inactive periods.

(3) The Authority may establish other periods during the year

as inactive periods. Such periods shall be published on the Authority’s

website and in the Gazette.

(4) During such inactive periods, processing times shall be

suspended.

The Authority shall not be held liable for any loss or Liability for loss

damage suffered by any person by reason of anything done or omitted or damage.

to be done in good faith in the course of administering these

regulations.

The Authority may, from time to time, publish any Supporting

documentation or guidance in relation to matters falling within the documentation.

scope of these regulations or ancillary thereto.

PART VII

TRANSITORY PROVISIONS

(1) Permits which have been issued by the Authority Transitory

prior to the coming into force of these regulations and which are still provisions.

valid, shall be construed as authorised under these regulations, unless

they have expired or have been superseded by a permit issued in

accordance with these regulations.

(2) The provisions of sub-regulation (1) shall also be

applicable to conditions, specifications and obligations related to such

permit, including any requirement to renew the validity of the permit.

(3) Applications that have been submitted before the coming

into force of these regulations shall be exempt from the fee prescribed

in the respective Schedule, unless a fee was already applicable in

accordance with any other regulations issued under the Act.

(4) Where it is proven to the satisfaction of the Authority that

the operation, intervention or activity specified in the Second

Schedule, was already exercised prior to the coming into force of these

regulations, such operation, intervention or activity may be deemed

cleared by the Authority subject to such terms and conditions as the

Authority may impose.

(5) An application for clearance of an operation, intervention

or activity specified in sub-regulation (4) and in the Second Schedule

shall be submitted to the Authority within six (6) months from the

coming into force of these regulations.

(6) The Authority shall determine an application for clearance

for an operation, intervention or activity specified in sub-regulation (4)

and the Second Schedule without delay and may refuse any such

application on any grounds valid at law

Provided that the determination of an application for

clearance shall not be subject to appeal, except by the applicant, from a

refusal of a clearance or from a condition imposed in the clearance.

(7) A clearance issued in terms of sub-regulation (4) shall be

valid for four (4) years

Provided that prior to the expiration of the clearance, the

applicant shall apply for a permit to cover the operation, intervention

or activity subject of the clearance, which application shall be deemed

as an application for the renewal of a permit for all intents and

purposes of these regulations

Provided further that upon expiration of the clearance, the

operation, intervention or activity shall continue subject to a permit

issued under these regulations and in line with any such conditions

stipulated in the permit.

Sub-regulation (6) of regulation 46 of the Flora, Fauna and

Natural Habitats Protection Regulations shall be deleted.