WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM EXTRACTIVE INDUSTRIES AND BACKFILLING) REGULATIONS

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

SUBSIDIARY LEGISLATION 549.50

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

REGULATIONS

30th May, 2010 *

LEGAL NOTICE 22 of 2009, as amended by Legal Notice 216 of 2011 and Act XXXIII of

2024. Arrangement of regulations

Regulations

Part I

General Provisions

1 - 5

Part II

Types of Waste Facilities

Part III Category A Waste Facilities

7 - 15

Part IV Category B Waste Facilities

Part V

Category C Waste Facilities

17 - 20

Part VI Inventory of Closed Waste Facilities

Part VII Backfilling into Excavation Voids

22 - 26

Part VIII Disposal into a Receiving Body of Water

Part IX Enforcement

28 - 32

*See regulation 1(2), as originally promulgated, and Legal Notice 318 of 2010.

PART I

GENERAL PROVISIONS

The title of these regulations is the Waste Management

(Management of Waste from Extractive Industries and Backfilling)

Regulations.

(Regulations 7(3)(b) and 18(3)(b))

Waste characterisation

The waste to be deposited in a facility shall be characterised in such a way as to

guarantee the long-term physical and chemical stability of the structure of the

facility and to prevent major accidents. The waste characterisation shall include,

where appropriate and in accordance with the category of the waste facility, the

following aspects

1. description of expected physical and chemical characteristics of the

waste to be deposited in the short and the long term, with particular

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

reference to its stability under surface atmospheric/meteorological

conditions, taking account of the type of mineral or minerals to be

extracted and the nature of any overburden and, or gangue minerals that

will be displaced in the course of the extractive operations;

2. classification of the waste according to the relevant entry in the Waste

Management (Permit and Control) Regulations, with particular regard

to its hazardous characteristics;

3. description of the chemical substances to be used during treatment of

the mineral resource and their stability;

4. description of the method of deposition;

5. waste transport system to be employed.

(1) These regulations bring into effect the provisions of

Directive 2006/21/EC * of the European Parliament and of the

Council of 15 March 2006 on the management of waste from

extractive industries and amending Directive 2004/35/EC † .

(2) These regulations provide for measures, procedures and

guidance to prevent or reduce as far as possible any adverse effects

on the environment, in particular water, air, soil, fauna and flora

and landscape, and any resultant risks to human health, brought

about as a result of the management of waste from the extractive

industries or of the backfilling into excavation voids.

(3) These regulations provide additional measures, procedures

and guidance to those in the Waste Regulations.

(Regulation 6(1))

Criteria for determining the classification of waste facilities

A waste facility shall be classified under category A if

1. a failure or incorrect operation, such as the collapse of a heap or the

bursting of a dam, could give rise to a major accident, on the basis of a

risk assessment taking into account factors such as the present or future

size, the location and the environmental impact of the waste facility; or

2. it contains waste classified as hazardous under the Waste Management

(Permit and Control) Regulations, above a certain threshold; or

3. it contains substances or preparations classified as dangerous under the

the Dangerous Substances and Preparations Regulations, above a certain

threshold.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Environment Protection Act;

"backfill" means any material, excluding waste other than

extractive waste, used for backfilling;

"backfilling" means refilling an excavation void, after extraction

of the mineral, for rehabilitation or construction purposes related to

the mineral extraction process, such as the building or maintenance

within such a void of means of access for machinery, haulage

ramps, bulkheads, safety barricades or berms; and "backfilled"

shall be construed accordingly;

"best available techniques" is as defined in regulation 2 of the

Integrated Pollution Prevention and Control Regulations;

"the competent authority" means the Environment and Resources

Authority and such other body or person as the Minister may by

order in the Gazette, prescribe and different bodies or persons may

be designated as the competent authority for different provisions

and different purposes of these regulations;

"the Community" means the European Community;

"competent person" means a natural person who has the technical

knowledge and experience, as defined by Maltese legislation, to

perform the duties arising from these regulations;

"dam" means an engineered structure designed to retain or

confine water and, or waste within a pond;

"dangerous substance" means a substance, mixture or preparation

which is dangerous within the meaning of the Dangerous

Substances and Preparations Regulations;

*OJ L 102,11.4.2006, p. 15.

†OJ L 143, 30.4.2004, p. 56.

"extractive industries" means all establishments and

undertakings engaged in surface or underground extraction of

mineral resources for commercial purposes, including extraction by

drilling boreholes, or treatment of the extracted material;

"extractive waste" means waste resulting from the prospecting,

extraction, treatment and storage of mineral resources and the

working of quarries, such as tailings (i.e. the waste solids or

slurries that remain after the treatment of minerals by a number of

techniques), waste rock and overburden (i.e. the material that

extractive operations move during the process of accessing an ore

or mineral body, including during the pre-production development

stage), and topsoil (i.e. the upper layer of the ground) provided that

they constitute waste;

"hazardous waste" means any type of waste which is marked

with an asterisk in Schedule 1 to the Waste Regulations, or which

has any of the properties which render a waste hazardous as

specified in Schedules 2 and 3 to those regulations, or which is

deemed to be hazardous by the competent authority;

"heap" means an engineered facility for the deposit of solid

waste on the surface;

"inert waste" means waste that does not undergo any significant

physical, chemical or biological transformations. Inert waste will

not dissolve, burn or otherwise physically or chemically react,

biodegrade or adversely affect other matter with which it comes

into contact in a way likely to give rise to environmental pollution

or harm human health. The total leachability and pollutant content

of the waste and the ecotoxicity of the leachate must be

insignificant, and in particular not endanger the quality of surface

water and, or groundwater;

"leachate" means any liquid percolating through the deposited

waste and emitted from or contained within a waste facility,

including polluted drainage, which may adversely affect the

environment if not appropriately treated;

"major accident" means an occurrence on site in the course of an

operation involving the management of extractive waste in any

establishment covered by these regulations, leading to a serious

danger to human health and, or the environment, whether

immediately or over time, on-site or off-site;

"mineral resource" or "mineral" means a naturally occurring

deposit in the earth’s crust of an organic or inorganic substance,

s u c h a s e n e rg y f u e l s , m e t a l o r e s , i n d u s t r i a l m i n e r a l s a n d

construction minerals, but excluding water;

"the Minister" means the Minister responsible for the

environment;

"off-shore" means that area of the sea and seabed extending from

the low water mark of ordinary or medium tides outwards;

"operator" means the natural or legal person responsible for the

management of extractive waste, in accordance with Maltese

legislation, including in respect of temporary storage of extractive

waste as well as the operational and the after-closure phases;

"pond" means a natural or engineered facility for disposing of

fine-grained waste, normally tailings, along with varying amounts

of free water, resulting from the treatment of mineral resources and

from the clearing and recycling of process water;

"prospecting" means the search for mineral deposits of economic

value, including sampling, bulk sampling, drilling and trenching,

but excluding any works required for the development of such

deposits, and any activities directly associated with an existing

extractive operation;

"the public" means one or more natural or legal persons and, in

accordance with Maltese legislation or practice, their associations,

organisations or groups;

"the public concerned" means the public affected or likely to be

affected by, or having an interest in, the environmental decision-

m aking und er r egulati ons 8 and 9; fo r t he purposes of thi s

definition, non-governmental organisations promoting

environmental protection and meeting any requirement under

Maltese legislation shall be deemed to have such an interest;

"receiving body of water" means surface waters, groundwater,

transitional waters and coastal water as defined in regulation 2(1)

of the Water Policy Framework Regulations;

"rehabilitation" means the treatment of the land affected by a

waste facility in such a way as to restore the land to a satisfactory

state, with particular regard to soil quality, wild life, natural

habitats, freshwater systems, landscape and appropriate beneficial

uses;

"site" means all land at a distinct geographic location under the

management control of an operator;

"substantial change" means a change in the structure or operation

of a waste facility that, in the opinion of the competent authority,

may have significant negative effects on human health or the

environment;

"tailings" means the waste solids or slurries that remain after the

treatment of minerals by separation processes (e.g. crushing,

grinding, size-sorting, flotation and other physico-chemical

techniques) to remove the valuable minerals from the less valuable

rock;

"treatment" means the mechanical, physical, biological, thermal

or chemical process or combination of processes carried out on

mineral resources, including from the working of quarries, with a

view to extracting the mineral, including size change,

classification, separation and leaching, and the re-processing of

previously discarded waste, but excluding smelting, thermal

manufacturing processes (other than the burning of limestone) and

metallurgical processes;

"unpolluted soil" means soil that is removed from the upper layer

of the ground during extractive activities and that is not deemed to

be polluted under Community or Maltese legislation;

"waste" in addition to what is said in the Act, means any thing,

substance, product or object, whether in solid or liquid form,

whether hazardous or otherwise, which the holder discards, or

intends, or is required to discard, or any other which is deemed to

be waste by the competent authority nominated by the Minister

responsible for the environment under the Act;

"waste facility" means any area designated for the accumulation

or deposit of extractive waste, whether in a solid or liquid state or

in solution or suspension, for the following time-periods

(i)

no time-period for Category A waste facilities and

facilities for waste characterised as hazardous in the

waste management plan;

(ii) a period of more than six months for facilities for

hazardous waste generated unexpectedly;

(iii) a period of more than one year for facilities for non-

hazardous non-inert waste;

(iv) a period of more than three years for facilities for

unpolluted soil, non-hazardous prospecting waste,

waste resulting from the extraction, treatment and

storage of peat and inert waste

Provided that such facilities are deemed to include any dam

or other structure serving to contain, retain, confine or otherwise

support such a facility, and also to include, but not be limited to,

heaps and ponds, but excluding excavation voids;

"waste holder" means the producer of the extractive waste or the

natural or legal person who is in possession of it;

"weak acid dissociable cyanide" means cyanide and cyanide

compounds that are dissociated with a weak acid at a defined pH.

(2) All other terms shall have the same meaning as that

assigned to them in regulation 2 of the Waste Regulations.

(Regolament 6(1))

Kriterji sabiex tiġi determinata l-klassifikazzjoni tal-faċilitajiet ta’ l-iskart

Faċilità ta’ l-iskart għandha tiġi klassifikata fil-kategorija A jekk

1. ħsara jew operazzjoni ħażina, per eżempju l-kollass ta’ borġ jew iċ-

ċediment ta’ diga, tista’ tikkaġuna inċident maġġuri, abbażi ta’

valutazzjoni tar-riskju filwaqt li jitqiesu l-fatturi bħad-daqs preżenti jew

futur, il-lok u l-impatt ambjentali tal-faċilità ta’ l-iskart; jew

2. ikollha skart li jkun klassifikat bħala perikoluż taħt ir-Regolamenti

għall-Prevenzjoni u l-Kontroll Integrati tat-Tniġġis ’il fuq minn ċertu

limitu; jew

3. ikollha sustanzi jew preparati li jkunu klassifikati bħala perikolużi taħt

ir-Regolamenti dwar Sustanzi u Preparamenti Perikolużi ’l fuq minn

ċertu limitu.

(1) Subject to sub-regulation (2), these regulations shall

cover extractive waste and backfill.

(2) The following shall be excluded from the scope of these

regulations

(a) waste which is generated by the prospecting,

extraction and treatment of mineral resources and the

working of quarries, but which does not directly result

from those operations, e.g. food waste, waste oil, end-

of-life vehicles, spent batteries and accumulators. The

management of such waste should be subject to the

provisions of the Waste Regulations, or the Waste

Management (Landfill) Regulations, or any other

relevant Community or Maltese legislation;

(b) waste resulting from the offshore prospecting,

extraction and treatment of mineral resources;

(c) injection of water and re-injection of pumped

groundwater as defined in regulation 11(3)(j)(i) and

(ii) of the Water Policy Framework Regulations, to the

extent authorised by that regulation.

(3) Any waste facility which has been granted a permit or

which is already in operation on 1 May 2008 shall comply with

these regulations by 1 May 2012.

(4) Any excavation void which has been granted a permit or

which is already in operation on 1 May 2008 may continue

operating in accordance with the Waste Regulations, or the Waste

Management (Landfill) Regulations, unless the competent authority

decides otherwise.

(5) Regulations 7, 8(3) to (8), 9, 10, 12(1), 14(1), (2) and (3),

17 and 18 shall not apply to those waste facilities that have stopped

accepting waste before 1 May 2006, that are completing the closure

procedures in accordance with the applicable Community or

Maltese legislation or programmes approved by the Competent

Authority, and will be effectively closed by 31 December 2010

Provided that these facilities shall be managed in a way that

does not prejudice the achievement of the objectives of these

regulations, in particular the objectives of regulation 5(1),

including the Water Policy Framework Regulations.

(6) Without prejudice to other Maltese legislation, waste which

falls within the scope of these regulations shall not be subject to the

Waste Management (Landfill) Regulations

Provided that the Waste Management (Landfill)

Regulations shall continue to apply to waste other than extractive

waste used for backfilling into excavation voids, whether created

through surface or underground extraction, as appropriate.

(7) Sub-regulation (3) shall not apply to waste facilities closed

by 1 May 2008.

(8) The competent authority shall ensure that, from 1 May 2006

and notwithstanding any closure of a waste facility after that date

and before 1 May 2008, extractive waste is managed in a way that

does not prejudice the fulfilment of regulation 5(1), and other

applicable environmental requirements set out in national and

Community legislation, including the Water Policy Framework

Regulations.

(1) Extractive waste shall be managed and excavation

voids shall be backfilled without endangering human health and

without using processes or methods which could harm the

environment, and in particular without risk to water, air, soil and

fauna and flora, without causing a nuisance through noise or odours

and without adversely affecting the landscape or places of special

interest.

(2) The abandonment, dumping, uncontrolled depositing of

extractive waste or uncontrolled backfilling into excavation voids

shall be prohibited.

(3) The operator shall take all measures necessary to prevent or

reduce as far as possible any adverse effects on the environment

and human health brought about as a result of the management of

extractive waste or backfilling into excavation voids. This includes

the management of any waste facility, also after its closure, and the

prevention of major accidents involving that facility and the

limiting of their consequences for the environment and human

health.

(4) The measures referred to in sub-regulation (3) shall be

based, inter alia, on the best available techniques, without

prescribing the use of any technique or specific technology, but

taking into account the technical characteristics of the waste

facility or excavation void, its geographical location and the local

environmental conditions.

PART II

TYPES OF WASTE FACILITIES

For the purposes of these regulations, waste facilities shall

be classified in one of the following categories

(1) Category A waste facility: any waste facility meeting

the criteria set out in Schedule 3 or any waste facility

designated for the accumulation or deposit of

hazardous waste generated unexpectedly for a period

of more than six months; or

(2) Category B waste facility: any waste facility

designated for the accumulation or deposit of non-

hazardous non-inert waste for a period of more than

one year; or

(3) Category C waste facility: any waste facility

designated for the accumulation or deposit of

unpolluted soil, non-hazardous prospecting waste,

waste resulting from the extraction, treatment and

storage of peat and inert waste for a period of more

than three years

Provided that Category A, Category B and Category C

waste facilities are deemed to include any dam or other structure

serving to contain, retain, confine or otherwise support such a

facility, and also to include, but not be limited to, heaps and ponds,

but excluding excavation voids, whether created through surface or

underground extraction.

PART III

CATEGORY A WASTE FACILITY

(1) The operator shall draw up a waste management plan

for the minimisation, treatment, recovery and disposal of extractive

waste, taking account of the principle of sustainable development.

(2)

The objectives of the waste management plan shall be

(a) to prevent or reduce waste production and its

harmfulness, in particular by considering

(i)

waste management in the design phase and in the

choice of the method used for mineral extraction

and treatment;

(ii) the changes that the extractive waste may

undergo in relation to an increase in surface area

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

and exposure to conditions above ground;

(iii) backfilling into the excavation void, whether

created through surface or underground

extraction, after extraction of the mineral, as far

as is technically and economically feasible and

environmentally sound in accordance with

existing Community or Maltese environmental

standards and with the requirements of these

regulations where relevant;

(iv) putting topsoil back in place after the closure of

the waste facility or, if this is not practically

feasible, reusing topsoil elsewhere;

(v) using less dangerous substances for the

treatment of mineral resources;

(b) to encourage the recovery of extractive waste by

means of recycling, reusing or reclaiming such waste,

where this is environmentally sound in accordance

with existing Community or Maltese environmental

standards and with the requirements of these

regulations where relevant;

(c) to ensure short and long-term safe disposal of the

extractive waste, in particular by considering, during

the design phase, management during the operation

and after-closure of a waste facility and by choosing a

design which

(i)

requires minimal and, if possible, ultimately no

monitoring, control and management of the

closed waste facility;

(ii) prevents or at least minimises any long-term

negative effects, for example attributable to

migration of airborne or aquatic pollutants from

the waste facility; and

(iii) ensures the long-term geotechnical stability of

any dams or heaps rising above the pre-existing

ground surface.

(3) The waste management plan shall contain at least the

following elements

(a) the proposed classification for the waste facility in

accordance with the criteria laid down in regulation 6

and a document demonstrating that a major-accident

prevention policy, a safety management system for

implementing it and an internal emergency plan will

be put into effect in accordance with regulation 8(3);

(b) waste characterisation in accordance with Schedule 2

and a statement of the estimated total quantities of

extractive waste to be produced during the operational

phase;

(c) a description of the operation generating such waste

and of any subsequent treatment to which it is subject;

(d) a description of how the environment and human

health may be adversely affected by the deposit of

such waste and the preventive measures to be taken in

order to minimise environmental impact during

operation and after closure, including the aspects

referred to in regulation 11(2)(a), (b), (d) and (e);

(e) the proposed control and monitoring procedures

pursuant to regulation 11(2)(c);

(f)

the proposed plan for closure, including rehabilitation,

after-closure procedures and monitoring as provided

for in regulation 12;

(g) measures for the prevention of water status

deterioration in accordance with the Water Policy

Framework Regulations, and for the prevention or

minimisation of air and soil pollution pursuant to

regulation 13;

(h) a survey of the condition of the land to be affected by

the waste facility;

(i)

any other relevant information requested by the

competent authority.

(4) The waste management plan shall provide sufficient

information to enable the competent authority to evaluate the

operator’s ability to meet the objectives of the waste management

plan as set out in sub-regulation (2) and his obligations under these

regulations. The plan shall explain, in particular, how the option

and method chosen as mentioned in sub-regulation (2)(a)(i) will

fulfil the objectives of the waste management plan as laid down in

sub-regulation (2)(a).

(5) The competent authority may specify the format in which

such information is to be made available.

(6) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations.

(7) The waste management plan shall be reviewed every five

years and or amended, as appropriate, in the event of substantial

changes to the operation of the waste facility or to the waste

deposited. Any amendments shall be notified to the competent

authority.

(8) Plans produced pursuant to other Community or Maltese

legislation and containing the information specified in sub-

regulation (3) may be used where this obviates the unnecessary

duplication of information and the repetition of work by the

operator, on condition that all requirements under sub-regulations

(1), (2), (3), (4) and (7) are met.

(9) The competent authority shall approve the waste

management plan on the basis of procedures to be decided by the

competent authority and shall monitor its implementation.

(1) This regulation shall apply to Category A waste

facilities, save for those waste facilities falling within the scope of

the Control of Major Accident Hazard Regulations.

(2) Without prejudice to other Community or Maltese

legislation, and in particular the Protection of Workers in the

Mineral Extracting Industries through Drilling and Workers in

Surface and Underground Mineral Extracting Industries

Regulations, the competent authority established by virtue of

regulation 3(1) of the Control of Major Accident Hazard

Regulations shall ensure that major-accident hazards are identified

and that the necessary features are incorporated into the design,

construction, operation and maintenance, closure and after-closure

of the waste facility in order to prevent such accidents and to limit

their adverse consequences for human health and, or the

environment, including any transboundary impacts.

(3) For the purposes of the requirements under sub-regulation

(2), each operator shall, before the start of operations, draw up a

major-accident prevention policy for the management of extractive

waste and put into effect a safety management system

implementing it, in accordance with the elements set out in Section

1 of Schedule 1, and shall also put into effect an internal emergency

plan specifying the measures to be taken on site in the event of an

accident

Provided that, as part of that policy, the operator shall

appoint a safety manager responsible for the implementation and

periodic supervision of the major-accident prevention policy.

(4) The competent authority established by virtue of regulation

3(1) of the Control of Major Accident Hazard Regulations shall

draw up an external emergency plan specifying the measures to be

taken off-site in the event of an accident. As part of the application

for a permit the operator shall provide the competent authority

established by virtue of regulation 3(1) of the Control of Major

Accident Hazard Regulations, with the information necessary to

enable the latter to draw up that plan.

(5) The emergency plans referred to in sub-regulations (3) and

(4) shall have the following objectives

(a) to contain and control major accidents and other

incidents so as to minimise their effects, and in

particular to limit damage to human health and the

environment;

(b) to implement the measures necessary to protect human

health and the environment from the effects of major

accidents and other incidents;

(c) to communicate the necessary information to the

public and to the relevant services or authorities in the

area;

(d) to provide for the rehabilitation, restoration and clean-

up of the environment following a major accident.

(6) In the event of a major accident, the operator shall

immediately provide the competent authority established by virtue

of regulation 3(1) of the Control of Major Accident Hazard

Regulations, with all the information required to help minimise its

consequences for human health and to assess and minimise the

extent, actual or potential, of the environmental damage.

(7) The public concerned shall be given early and effective

opportunities to participate in the preparation or review of the

external emergency plan to be drawn up in accordance with sub-

regulation (4). To that end, the public concerned shall be informed

about any such proposal and relevant information shall be made

available, including, inter alia, information about the right to

participate in the decision-making process and about the Competent

Authority established by virtue of regulation 3(1) of the Control of

Major Accident Hazard Regulations, to which comments and

questions may be submitted.

(8) The public concerned shall be entitled to express comments

within reasonable time frames and, in the decision on the external

emergency plan, due account shall be taken of these comments.

(9) Information on safety measures and on the action required

in the event of an accident, containing at least the elements listed in

Section 2 of Schedule 1 shall be provided, free of charge and as a

matter of course, to the public concerned

Provided that that information shall be reviewed every three

years and, where necessary, updated.

(1) No waste facility shall be allowed to operate without a

permit granted by the competent authority.

(2) The permit shall contain the elements specified in sub-

regulation (3) and shall clearly indicate the category of the waste

facility in accordance with the criteria referred to in regulation 6

Provided that, subject to compliance with all requirements

under this regulation, any permit produced pursuant to other

Community or Maltese legislation may be combined to form a

single permit, where such a format obviates the unnecessary

duplication of information and the repetition of work by the

operator or competent authority

Provided further that, the details specified in sub-regulation

(3) can be covered by one single permit or several permits,

provided that all requirements under this regulation are complied

with.

(3) The application for a permit shall contain at least the

following details

(a) the identity of the operator;

(b) the proposed location of the waste facility, including

any possible alternative locations;

(c) the waste management plan pursuant to regulation 7;

(d) adequate arrangements by way of a financial guarantee

or equivalent, as required under regulation 14;

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

(e) the information provided by the operator in accordance

with

the

Environmental

Impact

Assessment

Regulations, if an environmental impact assessment is

required under those regulations; and

(f)

any other relevant information requested by the

competent authority.

(4) The competent authority may specify the format in which

such information is to be made available.

(5) The competent authority shall only grant a permit if it is

satisfied that

(a) the operator complies with the relevant requirements

under these regulations;

(b) the management of waste does not conflict directly or

otherwise interfere with the implementation of the

relevant waste management plan or plans referred to in

regulation 4(3) of the Waste Regulations.

(6) The competent authority shall reconsider and, where

necessary, update permit conditions periodically

(a) where there are substantial changes in the operation of

the waste facility or the waste deposited;

(b) on the basis of monitoring results reported by the

operator pursuant to regulation 11(3) and (4) or

inspections carried out pursuant to regulation 28;

(c) in the light of information exchange on substantial

changes in best available techniques.

(7) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations

Provided that the information contained in a permit granted

under these regulations shall be made available to the competent

national and Community statistical authorities where requested for

statistical purposes.

Provided further that sensitive information of a purely

commercial nature, such as information concerning business

relations and cost components and the volume of economic mineral

reserves, shall not be made public.

(1) The public shall be informed, by public notices or

other appropriate means, such as electronic media where available,

of the following matters early in the procedure for granting a

permit or, at the latest, as soon as the information can reasonably be

provided on

(a) the application for a permit;

(b) where applicable, the fact that a decision concerning

an application for a permit is subject to consultation

with an other State in accordance with regulation 15;

(c) details of the relevant competent authorities

responsible for taking the decision, those from which

relevant information can be obtained, those to which

comments or questions can be submitted, and details

of the time schedule for transmitting comments or

questions;

(d) the nature of possible decisions;

(e) where applicable, the details relating to a proposal for

the updating of a permit or of permit conditions;

(f)

an indication of the times and places where, or the

means by which, the relevant information will be made

available;

(g) details of the arrangements for public participation

made pursuant to sub-regulation (7).

(2) Within appropriate time frames, the following shall be

made available to the public concerned

(a) in accordance with Maltese legislation, the main

reports and advice transmitted to the Competent

Authority at the time when the public was informed in

accordance with sub-regulation (1);

(b) in accordance with the provisions of the Freedom of

Access to Information on the Environment

Regulations, any information in addition to that

referred to in sub-regulation (1) which is relevant for

the decision in accordance with regulation 9 and which

only becomes available after the time the public have

been informed in accordance with sub-regulation (1).

(3) The public shall be informed, in accordance with sub-

regulation (1) of an update of permit conditions in accordance with

regulation 9(6).

(4) The public concerned shall be entitled to express comments

and opinions to the competent authority before a decision is taken.

(5) The results of the consultations held pursuant to this

regulation shall be duly taken into account in the taking of a

decision.

(6) When a decision has been taken the competent authority

shall, in accordance with the appropriate procedures, inform the

public concerned and shall make the following information

available to the public concerned

(a) the content of the decision, including a copy of the

permit;

(b) the reasons and considerations on which the decision

is based.

(7) The detailed arrangements for public participation under

this regulation shall be determined by the competent authority so as

to enable the public concerned to prepare and participate

effectively.

(1) The management of a waste facility shall be in the

hands of a competent person and technical development and

training of staff shall be provided.

(2) In constructing a new waste facility or modifying an

existing waste facility, the operator shall ensure that

(a) the waste facility is suitably located, taking into

account in particular Community or Maltese

obligations relating to protected areas, and geological,

hydrological,

hydrogeological,

seismic

and

geotechnical factors, and is designed so as to meet the

necessary conditions for, in the short and long-term

perspectives, preventing pollution of the soil, air,

groundwater or surface water, taking into account

especially the Pollution Caused by Certain Dangerous

Substances discharged into the Aquatic Environment

Regulations, the Protection of Groundwater against

Pollution caused by Certain Dangerous Substances

Regulations, and the Water Policy Framework

Regulations, 2and ensuring efficient collection of

contaminated water and leachate as and when required

under the permit, and reducing erosion caused by

water or wind as far as it is technically possible and

economically viable;

(b) the waste facility is suitably constructed, managed and

maintained to ensure its physical stability and to

prevent pollution or contamination of soil, air, surface

water or groundwater in the short and long-term

perspectives as well as to minimise as far as possible

damage to landscape;

(c) there are suitable plans and arrangements for regular

monitoring and inspection of the waste facility by

competent persons and for taking action in the event of

results indicating instability or water or soil

contamination

Provided that records of monitoring and inspections

shall be kept, together with permit documentation, in

order to ensure the appropriate hand-over of

information, particularly in the event of a change of

operator;

(d) suitable arrangements are made for the rehabilitation

of the land and the closure of the waste facility; and

(e) suitable arrangements are made for the after-closure

phase of the waste facility.

(3) The operator shall, without undue delay and in any event

not later than forty-eight hours thereafter, notify the competent

authority of any events likely to affect the stability of the waste

facility and any significant adverse environmental effects revealed

by the control and monitoring procedures of the waste facility.

(4) The operator shall implement the internal emergency plan,

where applicable, and follow any other instruction from the

competent authority as to the corrective measures to be taken.

(5)

The operator shall bear the costs of the measures to be

undertaken.

(6) At least once a year, the operator shall report, on the basis

of aggregated data, all monitoring results to the competent

authority for the purposes of demonstrating compliance with permit

conditions and increasing knowledge of waste and waste facility

behaviour. On the basis of this report the competent authority may

decide that validation by an independent expert is necessary.

(1) A waste facility shall only start the closure procedure

if one of the following conditions is satisfied

(a) the relevant conditions stated in the permit are met;

(b) authorisation is granted by the competent authority, at

the request of the operator;

(c) the competent authority issues a reasoned decision to

that effect.

(2) A waste facility may be considered as finally closed only

after the competent authority has, without undue delay, carried out

a final on-site inspection, assessed all the reports submitted by the

operator, certified that the land affected by a waste facility has been

rehabilitated and communicated to the operator its approval of the

closure

Provided that this approval shall not in any way reduce the

operator ’s obligations under the conditions of the permit or

otherwise in law.

(3) The operator shall be responsible for the maintenance,

monitoring, control and corrective measures in the after-closure

phase for as long as may be required by the competent authority,

taking into account the nature and duration of the hazard, save

where the competent authority decides to take over such tasks from

the operator, after a waste facility has been finally closed and

without prejudice to any Community or Maltese legislation

governing the liability of the waste holder.

(4) When considered necessary by the competent authority, in

order to fulfil relevant environmental requirements set out in

Community or Maltese legislation, in particular those in the

Pollution Caused by Certain Dangerous Substances discharged

into the Aquatic Environment Regulations, the Protection of

Groundwater against Pollution caused by Certain Dangerous

S u b s t a n c e s R e g u l a t i o n s , a n d t h e Wa t e r P o l i c y F r a m e w o r k

Regulations, following closure of a waste facility, the operator

shall, inter alia, control the physical and chemical stability of the

facility and minimise any negative environmental effect, in

particular with respect to surface and groundwater, by ensuring

that

(a) all the structures pertaining to the facility are

monitored and conserved, with control and measuring

apparatus always ready for use;

(b) where applicable, overflow channels and spillways are

kept clean and free.

(5)

Following closure of a waste facility, the operator shall,

without delay, notify the Competent Authority of any events or

developments likely to affect the stability of the waste facility, and

any significant adverse environmental effects revealed by the

relevant control and monitoring procedures.

(6) The operator shall implement the internal emergency plan,

where applicable, and follow any other instruction from the

competent authority as to the corrective measures to be taken

Provided that the operator shall bear the costs of the

measures to be undertaken.

(7) In cases and at a frequency to be determined by the

competent authority, the operator shall report, on the basis of

aggregated data, all monitoring results to the relevant competent

authorities for the purposes of demonstrating compliance with

permit conditions and increasing knowledge of waste and waste

facility behaviour.

(1) The operator shall take the necessary measures in

order to meet Community or Maltese environmental standards, in

p a r t i c u l a r to p r e v e n t, i n a c c or d an c e wi t h t h e Wa te r P o l i cy

Framework Regulations, the deterioration of current water status,

inter alia, by

(a) evaluating the leachate generation potential, including

contaminant content of the leachate, of the deposited

waste during both the operational and after-closure

phase of the waste facility, and determining the water

balance of the waste facility;

(b) preventing or minimising leachate generation and

surface water or groundwater and soil from being

contaminated by the waste; and

(c) collecting and treating contaminated water and

leachate from the waste facility to the appropriate

standard required for their discharge.

(2) The operator shall take adequate measures to prevent or

reduce dust and gas emissions.

(3) On the basis of an assessment of environmental risks, when

taking into account, in particular, the Pollution Caused by Certain

Dangerous Substances discharged into the Aquatic Environment

Regulations, the Protection of Groundwater against Pollution

caused by Certain Dangerous Substances Regulations, or the Water

Policy Framework Regulations, as applicable, the competent

authority has decided that collection and treatment of leachate is

not necessary or it has been established that the waste facility poses

no potential hazard to soil, groundwater or surface water, the

requirements set out in sub-regulation (1)(b) and (c) may be

reduced or waived accordingly.

(4) In the case of a pond involving the presence of cyanide, the

operator shall ensure that the concentration of weak acid

dissociable cyanide in the pond is reduced to the lowest possible

level using best available techniques and, in any case, at waste

facilities which have previously been granted a permit or have

already been in operation on 1 May 2008 that the concentration of

weak acid dissociable cyanide at the point of discharge of the

tailings from the processing plant into the pond does not exceed 50

ppm as from 1 May 2008, 25 ppm as from 1 May 2013, 10 ppm as

from 1 May 2018 and 10 ppm at waste facilities which are granted a

permit after 1 May 2008

Provided that, if the competent authority so requests, the

operator shall demonstrate, through a risk assessment that takes

site-specific conditions into account, that those concentration limits

need not be further lowered.

(1) The competent authority shall, prior to the

commencement of any operations involving the accumulation or

deposit of extractive waste in a waste facility, require a financial

guarantee (such as in the form of a financial deposit, including

industry-sponsored mutual guarantee funds) or the equivalent, in

accordance with procedures to be decided by the competent

authority, so that

(a) all obligations under the permit issued pursuant to

these regulations, including after-closure provisions,

are discharged; and

(b) there are funds readily available at any given time for

the rehabilitation of the land affected by the waste

facility, as described in the waste management plan

prepared pursuant to regulation 7 and required by the

regulation 9 permit.

(2) The calculation of the guarantee referred to in sub-

regulation (1) shall be made on the basis of

(a) the likely environmental impact of the waste facility,

taking into account in particular the category of the

waste facility, the characteristics of the waste and the

future use of the rehabilitated land; and

(b) the assumption that independent and suitably qualified

third parties will assess and perform any rehabilitation

work needed.

(3) The size of the guarantee shall be periodically adjusted in

accordance with any rehabilitation work needed to be carried out

on the land affected by the waste facility, as described in the waste

management plan prepared pursuant to regulation 7 and required by

the regulation 9 permit.

(4) Where the competent authority approves closure in

accordance with regulation 12(2), it shall provide the operator with

a written statement releasing him from the guarantee obligation

referred to in sub-regulation (1) with the exception of after-closure

obligations as referred to in regulation 12(3).

(1) Where the Minister is aware that the operation of a

Category A waste facility in Malta is likely to have significant

adverse effects on the environment of, and any resultant risks to

human health in, another State, or where a State likely to be thus

affected so requests, the Minister shall forward the information

provided pursuant to regulation 9 to the other State at the same time

as when the public is informed in terms of regulation 10(1)

Provided that such information shall serve as a basis for any

consultation necessary within the context of bilateral relations

between Malta and the other State on a reciprocal and equivalent

basis.

(2) Within the framework of their bilateral relations, the

Minister shall ensure that in the cases referred to in sub-regulation

(1) the applications are also made available for an appropriate

period of time to the public concerned of the State likely to be

affected so that they will have the right to comment on them before

the competent authority reaches its decision.

(3) The Minister shall ensure that, in the event of an accident

involving a waste facility as referred to in sub-regulation (1),

information provided by the operator to the competent authority

pursuant to regulation 8(5) and (6) shall be immediately forwarded

to the other State in order to help minimise the consequences of the

accident for human health and to assess and minimise the extent of

the actual or potential environmental damage.

PART IV

CATEGORY B WASTE FACILITY

Category B waste facility shall be subject to all regulations

under Part III of these regulations, except regulation 11(3) and (4),

regulation 12(4), (5), (6) and (7), regulation 13(4), regulation 14

and regulation 15.

PART V

CATEGORY C WASTE FACILITY

(1) No waste facility shall be allowed to operate without a

permit granted by the competent authority.

(2) The permit shall contain the elements specified in sub-

regulation (3) and shall clearly indicate the category of the waste

facility in accordance with the criteria referred to in regulation 6

Provided that, subject to compliance with all requirements

under this regulation, any permit produced pursuant to other

Community or Maltese legislation may be combined to form a

single permit, where such a format obviates the unnecessary

duplication of information and the repetition of work by the

operator or competent authority

Provided further that, the details specified in sub-regulation

(3) can be covered by one single permit or several permits,

provided that all requirements under this regulation are complied

with.

(3) The application for a permit shall contain at least the

following details

(a) the identity of the operator;

(b) the proposed location of the waste facility, including

any possible alternative locations;

(c) the waste management plan pursuant to regulation 18;

and

(d) any other relevant information requested by the

competent authority.

(4) The competent authority may specify the format in which

such information is to be made available.

(5) The competent authority shall only grant a permit if it is

satisfied that

(a) the operator complies with the relevant requirements

under these regulations;

(b) the management of waste does not conflict directly or

otherwise interfere with the implementation of the

relevant waste management plan or plans referred to in

regulation 4(3) of the Waste Regulations.

(6) The competent authority shall reconsider and, where

necessary, update permit conditions periodically

(a) where there are substantial changes in the operation of

the waste facility or the waste deposited;

(b) on the basis of inspections carried out pursuant to

regulation 29;

(c) in the light of information exchange on substantial

changes in best available techniques.

(7) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations

Provided that the information contained in a permit granted

under these regulations shall be made available to the competent

national and Community statistical authorities where requested for

statistical purposes

Provided further that sensitive information of a purely

commercial nature, such as information concerning business

relations and cost components and the volume of economic mineral

reserves, shall not be made public.

(1) The operator shall draw up a waste management plan

for the minimisation, treatment, recovery and disposal of extractive

waste, taking account of the principle of sustainable development.

(2)

The objectives of the waste management plan shall be

(a) to prevent or reduce waste production and its

harmfulness, in particular by considering

(i)

waste management in the design phase and in the

choice of the method used for mineral extraction

and treatment;

(ii) the changes that the extractive waste may

undergo in relation to an increase in surface area

and exposure to conditions above ground;

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

(iii) backfilling into the excavation void, whether

created through surface or underground

extraction, after extraction of the mineral, as far

as is technically and economically feasible and

environmentally sound in accordance with

existing Community or Maltese environmental

standards and with the requirements of these

regulations where relevant;

(iv) putting topsoil back in place after the closure of

the waste facility or, if this is not practically

feasible, reusing topsoil elsewhere;

(v) using less dangerous substances for the

treatment of mineral resources;

(b) to encourage the recovery of extractive waste by

means of recycling, reusing or reclaiming such waste,

where this is environmentally sound in accordance

with existing Community or Maltese environmental

standards and with the requirements of these

regulations where relevant;

(c) to ensure short and long-term safe disposal of the

extractive waste, in particular by considering, during

the design phase, the management during the operation

and after-closure of a waste facility and by choosing a

design which

(i)

requires minimal and, if possible, ultimately no

monitoring, control and management of the

closed waste facility;

(ii) prevents or at least minimises any long-term

negative effects, for example attributable to

migration of airborne or aquatic pollutants from

the waste facility; and

(iii) ensures the long-term geotechnical stability of

any dams or heaps rising above the pre-existing

ground surface.

(3) The waste management plan shall contain at least the

following elements

(a) the proposed classification for the waste facility in

accordance with the criteria laid down in regulation 6

and sufficient information justifying that a Category A

waste facility is not required, including an

identification of possible accident hazards;

(b) waste characterisation in accordance with Schedule 2

and a statement of the estimated total quantities of

extractive waste to be produced during the operational

phase;

(c) a description of the operation generating such waste

and of any subsequent treatment to which it is subject;

(d) a description of how the environment and human

health may be adversely affected by the deposit of

such waste and the preventive measures to be taken in

order to minimise environmental impact during

operation and after closure, including the aspects

referred to in regulation 19(a), (b), (d) and (e);

(e) the proposed control and monitoring procedures

pursuant to regulation 19(c);

(f)

measures for the prevention of water status

deterioration in accordance with the Water Policy

Framework Regulations, and for the prevention or

minimisation of air and soil pollution pursuant to

regulation 20;

(g) a survey of the condition of the land to be affected by

the waste facility;

(h) any other relevant information requested by the

competent authority.

(4) The waste management plan shall provide sufficient

information to enable the competent authority to evaluate the

operator’s ability to meet the objectives of the waste management

plan as set out in sub-regulation (2) and his obligations under these

regulations. The plan shall explain, in particular, how the option

and method chosen as mentioned in sub-regulation (2)(a)(i) will

fulfil the objectives of the waste management plan as laid down in

sub-regulation (2)(a).

(5) The competent authority may specify the format in which

such information is to be made available.

(6) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations.

(7) The waste management plan shall be reviewed every five

years and, or amended, as appropriate, in the event of substantial

changes to the operation of the waste facility or to the waste

deposited. Any amendments shall be notified to the competent

authority.

(8) Plans produced pursuant to other Community or Maltese

legislation and containing the information specified in sub-

regulation (3) may be used where this obviates the unnecessary

duplication of information and the repetition of work by the

operator, on condition that all requirements under sub-regulations

(1), (2), (3), (4) and (7) are met.

(9) The competent authority shall approve the waste

management plan on the basis of procedures to be decided by the

competent authority and shall monitor its implementation.

In constructing a new waste facility or modifying an

existing waste facility, the operator shall ensure that

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

(a) the waste facility is suitably located, taking into

account in particular Community or Maltese

obligations relating to protected areas, and geological,

hydrological,

hydrogeological,

seismic

and

geotechnical factors, and is designed so as to meet the

necessary conditions for, in the short and long-term

perspectives, preventing pollution of the soil, air,

groundwater or surface water, taking into account

especially the Pollution Caused by Certain Dangerous

Substances discharged into the Aquatic Environment

Regulations, the Protection of Groundwater against

Pollution caused by Certain Dangerous Substances

Regulations, and the Water Policy Framework

Regulations, and ensuring efficient collection of

contaminated water and leachate as and when required

under the permit, and reducing erosion caused by

water or wind as far as it is technically possible and

economically viable;

(b) the waste facility is suitably constructed, managed and

maintained to ensure its physical stability and to

prevent pollution or contamination of soil, air, surface

water or groundwater in the short and long-term

perspectives as well as to minimise as far as possible

damage to landscape;

(c) there are suitable plans and arrangements for regular

monitoring and inspection of the waste facility by

competent persons and for taking action in the event

of results indicating instability or water or soil

contamination

Provided records of the monitoring and inspections

shall be kept, together with permit documentation, in

order to ensure the appropriate hand-over of

information, particularly in the event of a change of

operator;

(d) suitable arrangements are made for the rehabilitation

of the land and the closure of the waste facility;

(e) suitable arrangements are made for the after-closure

phase of the waste facility.

(1) The operator shall take the necessary measures in

order to meet Community or Maltese environmental standards, in

p a r t i c u l a r to p r e v e n t, i n a c c or d an c e wi t h t h e Wa te r P o l i cy

Framework Regulations, the deterioration of current water status,

inter alia, by

(a) evaluating the leachate generation potential, including

contaminant content of the leachate, of the deposited

waste during both the operational and after-closure

phase of the waste facility, and determining the water

balance of the waste facility;

(b) preventing or minimising leachate generation and

surface water or groundwater and soil from being

contaminated by the waste; and

(c) collecting and treating contaminated water and

leachate from the waste facility to the appropriate

standard required for their discharge.

(2) The operator shall take adequate measures to prevent or

reduce dust and gas emissions.

(3) Where, on the basis of an assessment of environmental

risks, taking into account, in particular, the Pollution Caused by

Certain Dangero us Sub st an ces di scharged in to t he Aquati c

Environment Regulations, the Protection of Groundwater against

Pollution caused by Certain Dangerous Substances Regulations, or

the Water Policy Framework Regulations, as applicable, the

competent authority has decided that collection and treatment of

leachate is not necessary or it has been established that the waste

facility poses no potential hazard to soil, groundwater or surface

water, the requirements set out in sub-regulation (1)(b) and (c) may

be reduced or waived accordingly.

PART VI

INVENTORY OF CLOSED WASTE FACILITIES

The competent authority shall draw up and periodically

update an inventory of closed waste facilities, including abandoned

waste facilities, which cause serious negative environmental

impacts or have the potential of becoming in the medium or short

term a serious threat to human health or the environment

Provided that such an inventory, to be made available to the

public, shall be carried out by 1 May 2012.

PART VII

BACKFILLING INTO EXCAVATION VOIDS

(1) No excavation void, whether created through surface

or underground extraction, shall be allowed to be backfilled

without a permit granted by the competent authority.

(2) The permit shall contain the elements specified in sub-

regulation (3)

Provided that, subject to compliance with all requirements

under this regulation, any permit produced pursuant to other

Community or Maltese legislation may be combined to form a

single permit, where such a format obviates the unnecessary

duplication of information and the repetition of work by the

operator or competent authority

Provided further that, the details specified in sub-regulation

(3) can be covered by one single permit or several permits,

provided that all requirements under this regulation are complied

with.

(3) The application for a permit shall contain at least the

following details

(a) the identity of the operator;

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

(b) the location of the excavation void, whether created

through surface or underground extraction;

(c) the backfilling plan pursuant to regulation 23; and

(d) any other relevant information requested by the

competent authority.

(4) The competent authority may specify the format in which

such information is to be made available.

(5) The competent authority shall only grant a permit if it is

satisfied that

(a) the operator complies with the relevant requirements

under these regulations;

(b) the backfilling into the excavation void, whether

created through surface or underground extraction,

does not conflict directly or otherwise interfere with

the implementation of the relevant waste management

plan or plans referred to in the Waste Regulations.

(6) The competent authority shall reconsider and, where

necessary, update permit conditions periodically

(a) where there are substantial changes in the backfilling

into the excavation void, whether created through

surface or underground extraction, or the backfill;

(b) on the basis of inspections carried out pursuant to

regulation 29;

(c) in the light of information exchange on substantial

changes in best available techniques.

(7) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations

Provided that the information contained in a permit granted

under these regulations shall be made available to the competent

national and Community statistical authorities when requested for

statistical purposes

Provided further that sensitive information of a purely

commercial nature, such as information concerning business

relations and cost components and the volume of economic mineral

reserves, shall not be made public.

(1) The operator shall draw up a backfilling plan for the

backfilling into the excavation void, whether created through

surface or underground extraction.

(2)

The objectives of the backfilling plan shall be

(a) to ensure that the backfilling into the excavation void,

whether created through surface or underground

extraction, is carried out in accordance with existing

Community or Maltese environmental standards and

with the requirements of these regulations where

relevant; and

(b) to encourage material recovery by means of

backfilling, where this is environmentally sound in

accordance with existing Community or Maltese

environmental standards and with the requirements of

these regulations where relevant.

(3) The backfilling plan shall contain at least the following

elements

(a) a description of how the environment and human

health may be adversely affected by the backfilling

into the excavation void, whether created through

surface or underground extraction, including the

relocation of temporary constructions, and the

preventive measures to be taken in order to minimise

environmental impact during operation and after

closure, including the aspects referred to in regulation

24(a), (b), (d) and (e);

(b) the proposed control and monitoring procedures

pursuant to regulations 24, 25, 26 and 27, when

applicable;

(c) the proposed plan for closure, including rehabilitation,

after-closure procedures and monitoring as provided

for in regulation 26;

(d) measures for the prevention of water status

deterioration in accordance with the Water Policy

Framework Regulations, and for the prevention or

minimisation of air and soil pollution pursuant to

regulation 25;

(e) a survey of the condition of the land to be affected by

the backfilling;

(f)

any other relevant information requested by the

competent authority.

(4) The backfilling plan shall provide sufficient information to

enable the competent authority to evaluate the operator’s ability to

meet the objectives of the backfilling plan as set out in sub-

regulation (2) and his obligations under these regulations.

(5) The competent authority may specify the format in which

such information is to be made available.

(6) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations.

(7) Plans produced pursuant to other Community or Maltese

legislation and containing the information specified in sub-

regulation (3) may be used where this obviates the unnecessary

duplication of information and the repetition of work by the

operator, on condition that all requirements under sub-regulations

(1), (2), (3) and (4) are met.

(8) The competent authority shall approve the backfilling plan

on the basis of procedures to be decided by the competent authority

and shall monitor its implementation.

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

In backfilling into an excavation void, whether created

through surface or underground extraction, the operator shall

ensure that

(a) the excavation void, whether created through surface

or underground extraction, is suitably located, taking

into account in particular Community or Maltese

obligations relating to protected areas, and geological,

hydrological,

hydrogeological,

seismic

and

geotechnical factors, and is backfilled in such a way so

as to meet the necessary conditions, in the short and

long-term perspectives, preventing pollution of the

soil, air, groundwater or surface water, taking into

account especially the Pollution Caused by Certain

Dangerous Substances discharged into the Aquatic

Environment

Regulations,

the

Protection

of

Groundwater against Pollution caused by Certain

Dangerous Substances Regulations, and the Water

Policy Framework Regulations, and ensuring efficient

collection of contaminated water and leachate as and

when required under the permit, and reducing erosion

caused by water or wind as far as it is technically

possible and economically viable;

(b) the excavation void, whether created through surface

or underground extraction, is suitably backfilled to

ensure its physical stability and to prevent pollution or

contamination of soil, air, surface water or

groundwater in the short and long-term perspectives as

well as to minimise as far as possible damage to

landscape; and

(c) there are suitable plans and arrangements for regular

monitoring and inspection of the excavation void,

whether created through surface or underground

extraction, by competent persons and for taking action

in the event of results indicating instability or water or

soil contamination

Provided records of the monitoring and inspections

shall be kept, together with permit documentation, in

order to ensure the appropriate hand-over of

information, particularly in the event of a change of

operator;

(d) suitable arrangements are made for the rehabilitation

of the land and the closure of the excavation void,

whether created through surface or underground

extraction; and

(e) suitable arrangements are made for the after-closure

phase of the excavation void, whether created through

surface or underground extraction.

(1) The operator shall take the necessary measures in

order to meet Community or Maltese environmental standards, in

p a r t i c u l a r to p r e v e n t, i n a c c or d an c e wi t h t h e Wa te r P o l i cy

Framework Regulations, the deterioration of current water status,

inter alia, by

(a) evaluating the leachate generation potential, including

contaminant content of the leachate, of the backfill

during both the operational and after-closure phase of

the excavation void, whether created through surface

or underground extraction, and determining the water

balance of the excavation void, whether created

through surface or underground extraction;

(b) preventing or minimising leachate generation and

surface water or groundwater and soil from being

contaminated by the backfill; and

(c) collecting and treating contaminated water and

leachate from the excavation void, whether created

through surface or underground extraction, to the

appropriate standard required for their discharge.

(2) Where, on the basis of an assessment of environmental

risks, taking into account, in particular, the Pollution Caused by

Certain Dangero us Sub st an ces di scharged in to t he Aquati c

Environment Regulations, the Protection of Groundwater against

Pollution caused by Certain Dangerous Substances Regulations, or

the Water Policy Framework Regulations, as applicable, the

competent authority has decided that collection and treatment of

leachate is not necessary or it has been established that the

backfilling into the excavation void, whether created through

surface or underground extraction, poses no potential hazard to

soil, groundwater or surface water, the requirements set out in sub-

regulation (1)(b) and (c) may be reduced or waived accordingly.

(3) When backfilling into excavation voids, whether created

through surface or underground extraction, which will be allowed

to flood after closure, the operator shall take the necessary

measures to prevent or minimise water status deterioration and soil

pollution in accordance, mutatis mutandis, with sub-regulations (1)

and (2)

Provided that the operator shall provide the competent

authority with the information necessary to ensure compliance with

Community or Maltese obligations, in particular those in the Water

Policy Framework Regulations.

(1) The operator shall be responsible for the maintenance,

monitoring, control and corrective measures in the after-closure

phase for as long as may be required by the competent authority,

taking into account the nature and duration of the hazard, save

where the competent authority decides to take over such tasks from

the operator, after an excavation void, whether created through

surface or underground extraction, has been finally closed and

without prejudice to any Community or Maltese legislation

governing the liability of the operator.

(2) When considered necessary by the competent authority, in

order to fulfil relevant environmental requirements set out in

Community or Maltese legislation, in particular those in the

Pollution Caused by Certain Dangerous Substances discharged into

the Aquatic Environment Regulations, the Protection of

Groundwater against Pollution caused by Certain Dangerous

S u b s t a n c e s R e g u l a t i o n s , a n d t h e Wa t e r P o l i c y F r a m e w o r k

Regulations, following closure of an excavation void, whether

created through surface or underground extraction, the operator

shall, inter alia, control the physical and chemical stability of the

excavation void, whether created through surface or underground

extraction, and minimise any negative environmental effect, in

particular with respect to surface and groundwater, by ensuring

that

(a) all the structures pertaining to the excavation void,

whether created through surface or underground

extraction, are monitored and conserved, with control

and measuring apparatus always ready for use; and

(b) where applicable, overflow channels and spillways are

kept clean and free.

PART VIII

DISPOSAL INTO A RECEIVING BODY OF WATER

The disposal of extractive waste, whether in solid, slurry or

liquid form, into any receiving body of water other than one

constructed for the purpose of disposing of extractive waste, shall

be conditional upon compliance by the operator with the relevant

requirements of the Pollution Caused by Certain Dangerous

Substances discharged into the Aquatic Environment Regulations,

the Protection of Groundwater against Pollution caused by Certain

D a n g e r o u s S u b s t a n c e s R e g u l a t i o n s , a n d t h e Wa t e r P o l i c y

Framework Regulations.

PART VIII

ENFORCEMENT

(1) Prior to the commencement of deposit operations and

at regular intervals thereafter, including the after-closure phase, to

be decided by the competent authority, the competent authority

shall inspect any waste facility covered by regulation 9 or 16 or 17

in order to ensure that it complies with the relevant conditions of

the permit

Provided that an affirmative finding shall in no way reduce

the responsibility of the operator under the conditions of the

permit.

(2) The operator shall keep up-to-date records of all waste

management operations and make them available for inspection by

the competent authority.

(3) In the event of a change of operator during the management

of a waste facility, the operator shall ensure that there is an

appropriate transfer of relevant up-to-date information and records

relating to the waste facility.

(1) Prior to the commencement of deposit operations and

at regular intervals thereafter, including the after-closure phase, to

be decided by the competent authority, the competent authority

shall inspect any excavation void, whether created through surface

or underground extraction, covered by regulation 22 in order to

ensure that it complies with the relevant conditions of the permit

Provided that an affirmative finding shall in no way reduce

the responsibility of the operator under the conditions of the

permit.

(2) The operator shall keep up-to-date records of all backfilling

operations and make them available for inspection by the

competent authority.

(3) In the event of a change of operator during the backfilling

into an excavation void, whether created through surface or

underground extraction, the operator shall ensure that there is an

appropriate transfer of relevant up-to-date information and records

relating to the excavation void, whether created through surface or

underground extraction.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provisions of these

regulations or fails to comply with permit conditions

or with any order lawfully given in terms of any

provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions (including any order lawfully

given in terms of any of the provisions of these

regulations) or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction, to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69), but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second conviction or subsequent convictions, to a

fine (multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37), but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75), or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court may order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the competent

authority mentioned in these regulations as a result of the said

offence, the revocation of the permit issued by the competent

authority and the confiscation of the corpus delicti, including the

vehicle, if applicable.

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

regulations shall be held before the Court of Magistrates (Malta) or

the Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

WASTE MANAGEMENT (MANAGEMENT OF WASTE FROM

EXTRACTIVE INDUSTRIES AND BACKFILLING)

Schedule 1

(Regulation 8)

Major-accident prevention policy and information to be communicated

to the public concerned

1. Major-accident prevention policy

The operator’s major-accident prevention policy and safety management system

should be proportionate to the major-accident hazards presented by the waste

facility. For the purpose of implementing them, account shall be taken of the

following elements

(1) the major-accident prevention policy should include the operator’s

overall aims and principles of action with respect to the control of

major-accident hazards;

(2) the safety management system should include the part of the general

management system which includes the organisational structure,

responsibilities, practices, procedures, processes and resources for

determining and implementing the major-accident prevention policy;

(3) the following issues shall be addressed by the safety management

system

(a) organisation and personnel - the roles and responsibilities of

personnel involved in the management of major hazards at all

levels in the organisation; identification of training needs of such

personnel and the provision of the training so identified; and

involvement

of

employees

and,

where

appropriate,

subcontractors;

(b) identification and evaluation of major hazards - adoption and

implementation of procedures for systematically identifying

major hazards arising from normal and abnormal operations and

assessment of their likelihood and severity;

(c) operational control - adoption and implementation of procedures

and instructions for safe operation, including maintenance of

plant, processes, equipment and temporary stoppages;

(d) management of change - adoption and implementation of

procedures for planning modifications to, or the design of, new

waste facilities;

(e) planning for emergencies - adoption and implementation of

procedures to identify foreseeable emergencies by systematic

analysis and to prepare, test and review emergency plans to

respond to such emergencies;

(f) monitoring performance - adoption and implementation of

procedures for the ongoing assessment of compliance with the

objectives set by the operator’s major-accident prevention policy

and safety management system, and the mechanisms for

investigation and taking corrective action in case of non-

compliance. The procedures should cover the operator’s system

for reporting major accidents or near misses, particularly those

involving failure of protective measures, and their investigation

and follow-up on the basis of lessons learnt;

(g) audit and review - adoption and implementation of procedures for

periodic systematic assessment of the major-accident prevention

policy and the effectiveness and suitability of the safety

management system; the documented review of performance of

the policy and safety management system and its updating by

senior management.

2. Information to be communicated to the public concerned

1. Name of operator and address of the waste facility.

2. Identification, by position held, of the person providing the information.

3. Confirmation that the waste facility is subject to these regulations and,

when applicable, that the information relevant to the elements referred

to in regulation 8(2) has been submitted to the competent authority.

4. An explanation in clear and simple terms of the activity or activities

undertaken at the site.

5. The common names or the generic names or the general danger

classification of the substances and preparations involved at the waste

facility as well as waste which could give rise to a major accident, with

an indication of their principal dangerous characteristics.

6. General information relating to the nature of the major-accident

hazards, including their potential effects on the surrounding population

and environment.

7. Adequate information on how the surrounding population concerned are

to be warned and kept informed in the event of a major accident.

8. Adequate information on the actions the population concerned should

take, and on the behaviour they should adopt, in the event of a major

accident.

9. Confirmation that the operator is required to make adequate

arrangements on site, in particular liaison with the emergency services,

to deal with major accidents and to minimise their effects.

10. A reference to the external emergency plan drawn up to cope with any

off-site effects from an accident. This should include advice to co-

operate with any instructions or requests from the emergency services at

the time of an accident.

11. Details of where further relevant information can be obtained, subject to

the requirements of confidentiality laid down in Maltese legislation.