ENVIRONMENT PROTECTION (PREVENTIVE AND REMEDIAL MEASURES) REGULATIONS

ENVIRONMENT PROTECTION

(PREVENTIVE AND REMEDIAL MEASURES)

SUBSIDIARY LEGISLATION 549.04

ENVIRONMENT PROTECTION (PREVENTIVE AND

REMEDIAL MEASURES) REGULATIONS

4th January, 1994

LEGAL NOTICE 1 of 1994, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Environment Protection

(Preventive and Remedial Measures) Regulations.

In these regulations, unless the context otherwise requires -

"Act" means the Environment Protection Act;

"Director" means the Director for the Protection of the

Environment being the official as delegated in terms of the Act to

be responsible for the protection of the environment, and delegated

for the control, direction and management of the Department for

the Protection of the Environment, and includes any officer in his

Department who acts on his behalf, and for the purposes of any

regulations made under the Act, the term "Director responsible for

the environment" or any other similar term, and the term "Official

responsible for the protection of the environment" in the Act, shall

be deemed to have the same meaning as Director in these

regulations;

"Department" means the Department for the Protection of the

Environment under the guidance of the Director as defined in this

regulation;

"Minister" means the Minister responsible for the environment.

(1) The Director shall have the power, personally or

through his officers, carrying identification attestations signed by

the Minister, to inspect any place in Malta, or any vehicle, ship,

platform, airplane or other craft existing therein, or any such

vehicle, vessel or aircraft belonging to Malta outside the territorial

waters of Malta, in order to ascertain the levels of protection of the

environment as well as to investigate suspected violations of the

provisions of the Act or of regulations made thereunder, or codes of

practice issued under the Act, and to secure proof of any such

violation

Provided that the Director personally or any of his officers

may not accede into a private dwelling unless accompanied by a

police officer not below the rank of Inspector

Provided further that the Director and his officers may not

divulge any information or evidence so ascertained in pursuance of

t h i s r e g u l a t i o n e x c e p t t o t h e M i n i s t e r, t h e D i r e c t o r o r t h e

Commissioner of Police in case of an intended prosecution or

further investigation, or to any court of justice.

(2) Without prejudice to the generality of subregulation (1), the

power to inspect can also be limited to any separate object found in

the places therein mentioned, and in ascertaining the levels of

ENVIRONMENT PROTECTION

(PREVENTIVE AND REMEDIAL MEASURES)

protection and investigating violations, the Director or his officials

shall have the power to measure, take samples and copy records or

electronic data, as well as conduct tests, on any object of any

nature

Provided that care is to be taken during these inspections,

measurements, taking of copies or tests to minimise any damage

that might be so caused

Provided further that the person suffering unnecessary

damage caused through the gross negligence or wilful

non-observance of this regulation shall have the right to be

reimbursed for such damage by the Director or his official.

(3)

(a) The Director, personally, may issue under his hand,

execution orders to prevent or to minimise threatened

damage to the environment, to prevent treatened

viol atio ns to l aws or regu lati ons concerning the

protection of the environment, or to secure evidence of

such violations.

(b) Departmental officers duly attested may issue such

orders. Such orders shall be issued in writing, however

they may be verbal when the threatened damage is

imminent or when the damage is actually happening,

or the violation is actually being committed or has just

been committed (in flagrante)

Provided that when such officers issue such verbal orders,

there shall be a confirmation in writing by the Director personally,

as soon as practicable

Provided further that if no confirmation of a verbal order is

given in writing by the Director when called upon to do so either by

the issuing officer or by any interested person within twenty-four

hours from the issuing of such order, such order shall be deemed to

have lapsed.

(4) The Director may in writing request any information

concerning any matter which might affect the level of

environmental protection.

Any person who -

(a) obstracts or hinders the entry of the Director into any

place, vehicle, ship, platform, airplane or other craft

for the purposes of inspection as empowered in

regulation 3(1); or

(b) obstructs or hinders the measurement, taking of

samples, copies, or conduct of tests under regulation

3(2); or

(c) disobeys any order by the Director or any of his

officers within the limits established in regulation

3(3); or

(d) refrains from giving the information required in terms

of regulation 3(4) or gives false or misleading

information on any request made by the Director or his

officers; or

ENVIRONMENT PROTECTION

(PREVENTIVE AND REMEDIAL MEASURES)

(e) divulges any information obtained through these

powers, except as provided in the proviso to regulation

3(2),

shall be guilty of an offence against these regulations and on

conviction, shall be liable to a fine (multa) not exceeding eleven

thousand and six hundred and forty-six euro and eighty-seven cents

(€11,646.87), and in addition the Court shall, where the offense is in

relation to any activity carried out under a licence, order the

revocation of the licence or the suspension of the licence for any

period not exceeding one year as it may deem fit, as well as the

confiscation of any object used in, or in relation with, the offence.