ENVIRONMENTAL PERMITTING (PROCEDURE FOR APPLICATIONS AND THEIR DETERMINATION) REGULATIONS

APPLICATIONS AND THEIR DETERMINATION)

SUBSIDIARY LEGISLATION 549.172

ENVIRONMENTAL PERMITTING (PROCEDURE FOR

APPLICATIONS AND THEIR DETERMINATION)

REGULATIONS

11th May, 2025

LEGAL NOTICE 53 of 2025, as amended by Legal Notice 233 of

2025. PART I

INTERPRETATION AND APPLICABILITY

(1)

The title of these regulations is the Environmental

Permitting (Procedure for Applications and their Determination)

Regulations.

(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.

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

APPLICATIONS AND THEIR DETERMINATION)

#

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 (#)

APPLICATIONS AND THEIR DETERMINATION)

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

2.12

Operations with a discharge of

Level II

€1,500

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

APPLICATIONS AND THEIR DETERMINATION)

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.

(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

APPLICATIONS AND THEIR DETERMINATION)

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

APPLICATIONS AND THEIR DETERMINATION)

meets any requirement of these regulations, whether explicit or

implied, the interpretation of the Authority shall prevail.

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

application for a permit.

(1)

In the granting or partial granting of a permit, the

Authority shall include any condition, approved specification and, or

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,

APPLICATIONS AND THEIR DETERMINATION)

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

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

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

APPLICATIONS AND THEIR DETERMINATION)

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 and process it for a decision. The Authority may also

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

of the 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;

APPLICATIONS AND THEIR DETERMINATION)

(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

APPLICATIONS AND THEIR DETERMINATION)

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

APPLICATIONS AND THEIR DETERMINATION)

information; or

(d)

dismiss the application.

(1)

The Authority shall take a decision on an

application that falls within the scope of these regulations.

(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

APPLICATIONS AND THEIR DETERMINATION)

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

permit during its period of validity as may be specified in the 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 laid down in a permit where such a variation is of a minor

or 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).

APPLICATIONS AND THEIR DETERMINATION)

(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

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

(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

APPLICATIONS AND THEIR DETERMINATION)

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 respective Schedule for the processing of an application in

accordance 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

APPLICATIONS AND THEIR DETERMINATION)

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.

APPLICATIONS AND THEIR DETERMINATION)

(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 legal obligation or otherwise in accordance with

article 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

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.

APPLICATIONS AND THEIR DETERMINATION)

(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

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;

APPLICATIONS AND THEIR DETERMINATION)

(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

from the applicant for the processing of the application and shall

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 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

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

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

regulations.

The Authority may, from time to time, publish any

documentation or guidance in relation to matters falling within the

scope of these regulations or ancillary thereto.

PART VII

TRANSITORY PROVISIONS

(1)

Permits which have been issued by the Authority

APPLICATIONS AND THEIR DETERMINATION)

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

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.

APPLICATIONS AND THEIR DETERMINATION)

First Schedule

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 on

1.1

Level I

Consignment

land

Mobile unit for treatment of

1.2

Level I

waste on the site of generation

Storage of hazardous wastes in

1.3

quantities of more than 5 tonnes

Level II

per day (#)

Quarry operations, which may

include stone extraction and, or

1.4

the recycling of inert waste or

Level II

construction and demolition

waste (#)

APPLICATIONS AND THEIR DETERMINATION)

Backfilling of excavation voids

as defined by the Waste

Management (Management of

1.5

Level II

€1,000

Waste

from

Extractive

Industries and Backfilling)

Regulations (S.L. 549.50.) (#)

Category 1.5 operations which

1.6

include crushing prior to

Level II

€750

backfilling (#)

1.7

Civic amenity site (#)

Level II

€1,500

€500 or as otherwise

Producer

Responsibility

established in

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.

1.9

549.63), except works requested

Level II

€1,500

by the Authority for the purpose

of

site

remediation

or

restoration, stabilisation of

material or other environmental

improvement (#)

APPLICATIONS AND THEIR DETERMINATION)

Non-hazardous waste collection,

treatment, disposal, temporary

storage and, or preparation for

reuse (including packaging,

1.10

Level II

€1,500

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

1.11

demolition

waste

and

Level II

€1,500

preparation for reuse, recycling

or recovery of such waste (#)

Hazardous waste collection,

temporary storage, treatment,

(including packaging sorting

and, or processing of waste prior

1.12

to preparation for reuse, recy-

Level III

€2,500

cling or recovery), preparation

for reuse, recycling and, or dis-

posal except waste generated on

the same site (#)

Consignment and disposal at

€1,500 and a fee per

1.13

sea, including operations in

Level II

tonne as established

association with Category 2.1

by the Authority

Waste incineration or co-incin-

1.14

Level III

€2,500

eration (#)

APPLICATIONS AND THEIR DETERMINATION)

Decontamination

and,

or

disposal as regulated by the

Waste

Management

1.15

Level III

€2,500

(Polychlorinated Biphenyls 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 Council of

the Waste

11 April 2024 on shipments of

Trans-frontier

Management

1.16

waste, amending Regulations

shipment permit

(Shipments of

(EU) No 1257/2013 and (EU)

Waste) 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 April 2024 on

€100 for every

1.17

Not applicable

shipments of waste, amending

amendment

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)

APPLICATIONS AND THEIR DETERMINATION)

Interventions and activities in relation to biodiversity and the natural environment

APPLICATIONS AND THEIR DETERMINATION)

As established in the

Trees and

Registration as licensed tree

Woodlands

1.18

specialist

Protection

Regulations (S.L.

549.123.)

Activity involving fifty (50)

€100

persons or more, or other

Provided that clean-

activities falling with the scope

up activities may, at

1.19

of the Flora, Fauna and Natural

the discretion of the

Habitats Protection Regulations

Authority, be

(S.L. 549.44) within a protected

exempt from paying

area (†)

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 or geo-tagging

of birds

Level I

Interventions on up to 10

1.22

€20

protected trees

Interventions on more than 10

1.23

€100

protected trees (#)

Importation of, and operations

related to, invasive alien species

of national or European concern,

other than the control or

1.24

€100

removal of such species in

accordance

with

the

methodology approved by the

Authority (#) (†)

Interventions and activities for

the purpose of access to genetic

1.25

resources

through

prior

€100

informed consent for wildlife,

except birds (#) (†)

APPLICATIONS AND THEIR DETERMINATION)

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 for

As established in the

1.26

contained use of genetically

Contained Use of

modified organisms (#)

Genetically

Level I

Modified Micro-

Individual contained use of

Organisms

1.27

genetically modified organisms

Regulations

(#)

(S.L.549.49) and the

Deliberate Release

Deliberate release of genetically

into the

1.28

modified organisms, other than

Environment of

placing on the market (#)

Genetically

Level III

Modified Organisms

Placing on the market of

Regulations (S.L.

1.29

genetically modified organisms

549.60)

(#)

Others

€100 for

Hull cleaning and propeller

registration;

1.30

polishing on vessels greater than

Level I

€50 for every

30 metres

notification

Renewal of existing quarrying

1.31

Level I

€800

licence

As established in the

Limitation of

Operations covered by the

Emissions of

Limitation of Emissions of

Certain Pollutants

Certain Pollutants into the air

1.32

Level II

into the air from

from Medium Combustion

Medium

Plants

Regulations

(S.L.

Combustion Plants

549.122)

Regulations (S.L.

549.122)

APPLICATIONS AND THEIR DETERMINATION)

Fuel terminals including those

within scope of the Control of

Volatile Organic Compound -

1.33

VOC 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 - VOC

1.34

Level III

€2,500

Emissions

(Storage

and

Distribution of Petrol from

Terminals to Service Stations)

Regulations (S.L. 549.52) (#)

Operations covered by the

1.35

Urban Waste Water Treatment

Level III

€2,500

Regulations (S.L. 549.22)

Treatment plants of domestic

sewage, industrial effluent or

1.36

Level II

€1,500

farmyard waste, not covered by

Category 1.35 (#)

Ancillary aquaculture facilities

1.37

Level II

€1,500

(#)

Marine aquaculture, including

1.38

Level III

€2,500

fish farms (#)

1.39

Onshore aquaculture (#)

Level III

€2,500

APPLICATIONS AND THEIR DETERMINATION)

Operations covered by the

Industrial Emissions (Limitation

1.40

of Emissions of Volatile

Level III

€2,500

Organic

Compounds)

Regulations (S.L. 549.79)

1.41

Crematorium (#)

Level III

€2,500

As established in

Operations falling within scope

regulation 23 and

of Schedule 1 to the Industrial

Schedule 5 to the

Emissions (Integrated Pollution

Industrial Emissions

Prevention

and

Control)

1.42

IPPC permit

(Integrated Pollution

Regulations (S.L. 549.77) and

Prevention and

the

Industrial

Emissions

Control)

(Framework)

Regulations

Regulations (S.L.

(S.L.549.76) (#)

549.77)

Extended Producer Responsibility not covered under Category 1.8

Category

Activity

Type of

Fees

application or

permit

1.43

Producer

€500 + €20 per

Responsibility

Level I

producer

for

Organisation

for

every

year

Batteries

thereafter

1.44

Self-compliant

€100 + €20 for

producer for Batteries

Level I

every

year

thereafter