INDUSTRIAL EMISSIONS (INTEGRATED POLLUTION PREVENTION AND CONTROL) REGULATIONS

SUBSIDIARY LEGISLATION 549.77

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)

REGULATIONS

7th January, 2013 *

LEGAL NOTICE 10 of 2013, as amended by Act XXV of 2015; and Legal

Notice 45 of 2017 and 110 of 2017 and Act XXXIII of 2024.

The title of these regulations is the Industrial Emissions

(Integrated Pollution Prevention and Control) Regulations.

Categories of activities referred to in regulation 3

The threshold values given below generally refer to production capacities or

outputs. Where several activities falling under the same activity description

containing a threshold are operated in the same installation, the capacities of such

activities are added together. For waste management activities, this calculation shall

apply at the level of activities 5.1, 5.3(a) and 5.3(b).

In the application of this Schedule, the competent authority shall take into account

any guidance published by the European Commission on

(a) the relationship between waste management activities described in this

Schedule and those described in Annexes I and II to Directive 2008/98/

EC; and

(b) the interpretation of the term "industrial scale" regarding the description

of chemical industry activities described in this Schedule.

1. Energy industries

1.1. Combustion of fuels in installations with a total rated thermal input of 50

MW or more

1.2. Refining of mineral oil and gas

1.3. Production of coke

1.4. Gasification or liquefaction of

(a) coal;

(b) other fuels in installations with a total rated thermal input of 20 MW or

more.

2. Production and processing of metals

2.1. Metal ore (including sulphide ore) roasting or sintering

2.2. Production of pig iron or steel (primary or secondary fusion) including

continuous casting, with a capacity exceeding 2.5 tonnes per hour

2.3. Processing of ferrous metals

(a) operation of hot-rolling mills with a capacity exceeding 20 tonnes of

crude steel per hour;

(b) operation of smitheries with hammers the energy of which exceeds 50

kilojoule per hammer, where the calorific power used exceeds 20 MW;

(c) application of protective fused metal coats with an input exceeding 2

tonnes of crude steel per hour.

2.4. Operation of ferrous metal foundries with a production capacity exceeding

20 tonnes per day

2.5. Processing of non-ferrous metals

(a) production of non-ferrous crude metals from ore, concentrates or

secondary raw materials by metallurgical, chemical or electrolytic

processes;

(b) melting, including the alloyage, of non-ferrous metals, including

recovered products and operation of non-ferrous metal foundries, with a

melting capacity exceeding 4 tonnes per day for lead and cadmium or 20

tonnes per day for all other metals.

2.6. Surface treatment of metals or plastic materials using an electrolytic or

chemical process where the volume of the treatment vats exceeds 30 m 3

3. Mineral industry

3.1. Production of cement, lime and magnesium oxide

(a) production of cement clinker in rotary kilns with a production capacity

exceeding 500 tonnes per day or in other kilns with a production

capacity exceeding 50 tonnes per day;

(b) production of lime in kilns with a production capacity exceeding 50

tonnes per day;

(c) production of magnesium oxide in kilns with a production capacity

exceeding 50 tonnes per day.

3.2. Production of asbestos or the manufacture of asbestos-based products

3.3. Manufacture of glass including glass fibre with a melting capacity exceeding

20 tonnes per day

3.4. Melting mineral substances including the production of mineral fibres with a

melting capacity exceeding 20 tonnes per day

3.5. Manufacture of ceramic products by firing, in particular roofing tiles,

bricks, refractory bricks, tiles, stoneware or porcelain with a production capacity

exceeding 75 tonnes per day and/or with a kiln capacity exceeding 4 m 3 and with a

setting density per kiln exceeding 300 kg/m 3

4. Chemical industry

For the purpose of this section, production within the meaning of the categories of

activities contained in this section means the production on an industrial scale by

chemical or biological processing of substances or groups of substances listed in

points 4.1 to 4.6

4.1. Production of organic chemicals, such as

(a) simple hydrocarbons (linear or cyclic, saturated or unsaturated,

aliphatic or aromatic);

(b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones,

carboxylic acids, esters and mixtures of esters, acetates, ethers,

peroxides and epoxy resins;

(c) sulphurous hydrocarbons;

(d) nitrogenous hydrocarbons such as amines, amides, nitrous compounds,

nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates;

(e) phosphorus-containing hydrocarbons;

(f)

halogenic hydrocarbons;

(g) organometallic compounds;

(h) plastic materials (polymers, synthetic fibres and cellulose-based fibres);

(i)

synthetic rubbers;

(j)

dyes and pigments;

(k) surface-active agents and surfactants.

4.2. Production of inorganic chemicals, such as

(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)

hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides,

hydrogen, sulphur dioxide, carbonyl chloride;

(b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric

acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids;

(c) bases, such as ammonium hydroxide, potassium hydroxide, sodium

hydroxide;

(d) salts, such as ammonium chloride, potassium chlorate, potassium

carbonate, sodium carbonate, perborate, silver nitrate;

(e) non-metals, metal oxides or other inorganic compounds such as calcium

carbide, silicon, silicon carbide.

4.3. Production of phosphorous-, nitrogen- or potassium-based fertilisers (simple

or compound fertilisers)

4.4. Production of plant protection products or of biocides

4.5. Production of pharmaceutical products including intermediates

4.6. Production of explosives

5. Waste management

5.1. Disposal or recovery of hazardous waste with a capacity exceeding 10

tonnes per day involving one or more of the following activities

(a) biological treatment;

(b) physico-chemical treatment;

(c) blending or mixing prior to submission to any of the other activities

listed in points 5.1 and 5.2;

(d) repackaging prior to submission to any of the other activities listed in

points 5.1 and 5.2;

(e) solvent reclamation/regeneration;

(f)

recycling/reclamation of inorganic materials other than metals or metal

compounds;

(g) regeneration of acids or bases;

(h) recovery of components used for pollution abatement;

(i)

recovery of components from catalysts;

(j)

oil re-refining or other reuses of oil;

(k) surface impoundment.

5.2. Disposal or recovery of waste in waste incineration plants or in waste

coincineration plants

(a) for non-hazardous waste with a capacity exceeding 3 tonnes per hour;

(b) for hazardous waste with a capacity exceeding 10 tonnes per day.

5.3. (a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes

per day involving one or more of the following activities, and excluding

activities covered by the Urban Waste Water Treatment Regulations

(S.L. 549.22)

(i) biological treatment;

(ii) physico-chemical treatment;

(iii) pre-treatment of waste for incineration or co-incineration;

(iv)

treatment of slags and ashes;

(v)

treatment in shredders of metal waste, including waste electrical

and electronic equipment and end-of-life vehicles and their

components.

(b) Recovery, or a mix of recovery and disposal, of non-hazardous waste

with a capacity exceeding 75 tonnes per day involving one or more of

the following activities, and excluding activities covered by the Urban

Waste Water Treatment Regulations (S.L. 549.22)

(i)

biological treatment;

(ii)

pre-treatment of waste for incineration or co-incineration;

(iii)

treatment of slags and ashes;

(iv)

treatment in shredders of metal waste, including waste electrical

and electronic equipment and end-of-life vehicles and their

components.

When the only waste treatment activity carried out is anaerobic digestion, the

capacity threshold for this activity shall be 100 tonnes per day.

5.4. Landfills, as defined in the Waste Management (Landfill) Regulations (S.L.

549.29) receiving more than 10 tonnes of waste per day or with a total capacity

exceeding 25,000 tonnes, excluding landfills of inert waste

5.5. Temporary storage of hazardous waste not covered under point 5.4 pending

any of the activities listed in points 5.1, 5.2, 5.4 and 5.6 with a total capacity

exceeding 50 tonnes, excluding temporary storage, pending collection, on the site

where the waste is generated

5.6. Underground storage of hazardous waste with a total capacity exceeding 50

6. Other activities

6.1. Production in industrial installations of

(a) pulp from timber or other fibrous materials;

(b) paper or card board with a production capacity exceeding 20 tonnes per

day;

(c) one or more of the following wood-based panels: oriented strand board,

particleboard or fibreboard with a production capacity exceeding 600

m 3 per day.

6.2. Pre-treatment (operations such as washing, bleaching, mercerisation) or

dyeing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes

6.3. Tanning of hides and skins where the treatment capacity exceeds 12 tonnes

of finished products per day

6.4. (a) Operating slaughterhouses with a carcass production capacity greater

than 50 tonnes per day

(b) Treatment and processing, other than exclusively packaging, of the

following raw materials, whether previously processed or unprocessed,

intended for the production of food or feed from

(i)

only animal raw materials (other than exclusively milk) with a

finished product production capacity greater than 75 tonnes per

day;

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)

(ii) only vegetable raw materials with a finished product production

capacity greater than 300 tonnes per day or 600 tonnes per day

where the installation operates for a period of no more than 90

consecutive days in any year;

(iii) animal and vegetable raw materials, both in combined and

separate products, with a finished product production capacity in

tonnes per day greater than

- 75 if A is equal to 10 or more; or

- [300- (22.5 x A)] in any other case

where "A" is the portion of animal material (in percent of weight) of the

finished product production capacity.

Packaging shall not be included in the final weight of the product.

This subsection shall not apply where the raw material is milk only.

(c) Treatment and processing of milk only, the quantity of milk received

being greater than 200 tonnes per day (average value on an annual

basis).

6.5. Disposal or recycling of animal carcases or animal waste with a treatment

capacity exceeding 10 tonnes per day

6.6. Intensive rearing of poultry or pigs

(a) with more than 40 000 places for poultry;

(b) with more than 2 000 places for production pigs (over 30 kg), or

(c) with more than 750 places for sows.

6.7. Surface treatment of substances, objects or products using organic solvents,

in particular for dressing, printing, coating, degreasing, waterproofing, sizing,

painting, cleaning or impregnating, with an organic solvent consumption capacity of

more than 150 kg per hour or more than 200 tonnes per year

6.8. Production of carbon (hard-burnt coal) or electrographite by means of

incineration or graphitisation

6.9. Capture of CO 2 streams from installations covered by this Schedule or other

regulations implementing the Industrial Emissions (Framework) Regulations, for the

purposes of geological storage pursuant to Directive 2009/31/EC

6.10. Preservation of wood and wood products with chemicals with a production

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)

capacity exceeding 75 m 3 per day other than exclusively treating against sapstain

6.11. Independently operated treatment of waste water not covered by Urban

Waste Water Treatment Regulations (S.L. 549.22) and discharged by an installation

listed in this Schedule.

(1) These regulations provide for the implementation in

part of Directive 2010/75/EU of the European Parliament and of

th e C ou nc i l of 24 N ov e m be r 20 10 o n In du s t ri a l E m is s i on s

(Integrated Pollution Prevention and Control) (Recast).

(2) These regulations also provide for the implementation of

the Industrial Emissions (Framework) Regulations.

(3) These regulations lay down rules for the integrated

prevention and control of pollution arising from certain industrial

activities. They also lay down rules designed to prevent or, where

that is not practicable, to reduce emissions into air, water and land

and to prevent the generation of waste, in order to achieve a high

level of protection of the environment taken as a whole.

List of polluting substances

Air

1. Sulphur dioxide and other sulphur compounds

2. Oxides of nitrogen and other nitrogen compounds

3. Carbon monoxide

4. Volatile organic compounds

5. Metals and their compounds

6. Dust including fine particulate matter

7. Asbestos (suspended particulates, fibres)

8. Chlorine and its compounds

9. Fluorine and its compounds

10. Arsenic and its compounds

11. Cyanides

12. Substances and mixtures which have been proved to possess carcinogenic or

mutagenic properties or properties which may affect reproduction via the air

13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans

Water

1. Organohalogen compounds and

substances

which

may

form

such

compounds in the aquatic environment

2. Organophosphorus compounds

3. Organotin compounds

4. Substances and mixtures which have been proved to possess carcinogenic or

mutagenic properties or properties which may affect reproduction in or via the

aquatic environment

5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic

substances

6. Cyanides

7. Metals and their compounds

8. Arsenic and its compounds

9. Biocides and plant protection products

10. Materials in suspension

11. Substances which contribute to eutrophication (in particular, nitrates and

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)

phosphates)

12. Substances which have an unfavourable influence on the oxygen balance

(and can be measured using parameters such as BOD, COD, etc.)

13. Substances listed in Schedule X of the Water Policy Framework Regulations

(S.L. 423.20).

These regulations shall apply to the industrial activities set

out in Schedule 1 and, where applicable, reaching the capacity

thresholds set out in that Schedule.

Criteria for determining best available techniques

1. The use of low-waste technology;

2. The use of less hazardous substances;

3. The furthering of recovery and recycling of substances generated and used

in the process and of waste, where appropriate;

4. Comparable processes, facilities or methods of operation which have been

tried with success on an industrial scale;

5. Technological

advances

and

changes

in

scientific

knowledge

and

understanding;

6. The nature, effects and volume of the emissions concerned;

7. The commissioning dates for new or existing installations;

8. The length of time needed to introduce the best available technique;

9. The consumption and nature of raw materials (including water) used in the

process and energy efficiency;

10. The need to prevent or reduce to a minimum the overall impact of the

emissions on the environment and the risks to it;

11. The need to prevent accidents and to minimise the consequences for the

environment;

12. Information published by public international organisations.

The operator shall take all appropriate measures to operate

an installation in accordance with the following principles

(a) all the appropriate preventive measures are taken

against pollution;

(b) the best available techniques are applied;

(c) no significant pollution is caused;

(d) the generation of waste is prevented in accordance

with the Waste Regulations;

(e) where waste is generated, it is, in order of priority and

in accordance with the Waste Regulations, prepared

for re-use, recycled, recovered or, where that is

technically and economically impossible, it is

disposed of while avoiding or reducing any impact on

the environment;

(f)

energy is used efficiently;

(g) the necessary measures are taken to prevent accidents

and limit their consequences;

(h) the necessary measures are taken upon definitive

*see regulation 1(2) of these regulations, as originally promulgated.

cessation of activities to avoid any risk of pollution

and return the site of operation to the satisfactory state

defined in accordance with regulation 16.

Amended by

L.N. 45 of 2017.

Public participation in decision making

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 the taking of a decision or, at the latest, as soon as the information can

reasonably be provided

(a) the application for a permit or, as the case may be, the proposal for the

updating of a permit or of permit conditions in accordance with

regulation 15, including the description of the elements listed in

regulation 5(1);

(b) where applicable, the fact that a decision is subject to a national or

transboundary environmental impact assessment or to consultations

between Member States in accordance with regulation 21;

(c) details of the 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 or, where there is one, the draft

decision;

(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 means by which, the

relevant information will be made available;

(g) details of the arrangements for public participation and consultation

made pursuant to point 5.

2. The competent authority shall ensure that, within appropriate time frames,

the following is made available to the public concerned

(a) in accordance with national law, the main reports and advice issued to

the competent authority or authorities at the time when the public

concerned were informed in accordance with point 1;

(b) in accordance with the Freedom of Access to Information on the

Environment Regulations (S.L. 549.39), information other than that

referred to in point 1 which is relevant for the decision in accordance

with regulation 7 of the Industrial Emissions (Framework) Regulations

(S.L. 549.76) and which only becomes available after the time the

public concerned was informed in accordance with point 1.

3. The public concerned shall be entitled to express comments and opinions to

the competent authority before a decision is taken.

4. The results of the consultations held pursuant to this Schedule must be taken

into due account in the taking of a decision.

5. The arrangements for public consultation shall be as follows

(a) The public consultation process shall be initiated through a notice in at

least one local newspaper and on the competent authority’s website.

(b) The timeframe for public consultation shall be thirty days for the

procedures described in regulation 18(1)(a) to (d) and shall be fifteen

days in all other cases where the competent authority deems

consultation necessary, provided that where the application for

reconsideration of a permit in accordance with regulation 18(1)(e)

includes a request for a substantial change, the timeframe for public

consultation shall be thirty days.

(c) During this period, the competent authority shall make available to the

public any relevant documentation, including any application and

supporting documentation submitted by the operator, on the competent

authority’s website and at the premises of the Local Council within

which the installation is located, to enable the public to comment on

them.

(d) Any objections or representations by the public shall be made in writing

to the competent authority at the address indicated in the notice

initiating the public consultation.

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)

(e) The competent authority may also require the operator to organise one

or more public meetings as part of the public consultation process.

(1) An application for a permit shall include a description

of the following

(a) the installation and its activities;

(b) the raw and auxiliary materials, other substances and

the energy used in or generated by the installation;

(c) the sources of emissions from the installation;

(d) the conditions of the site of the installation;

(e) where applicable, a baseline report in accordance with

regulation 16(2);

(f)

the nature and quantities of foreseeable emissions

from the installation into each medium as well as

identification of significant effects of the emissions on

the environment;

(g) the proposed technology and other techniques for

preventing or, where this is not possible, reducing

emissions from the installation;

(h) measures for the prevention, preparation for reuse,

recycling and recovery of waste generated by the

installation;

(i)

further measures planned to comply with the general

principles of the basic obligations of the operator as

provided for in regulation 4;

(j)

measures planned to monitor emissions into the

environment;

(k) the main alternatives to the proposed technology,

techniques and measures studied by the applicant in

outline;

(l)

any other information required by the competent

authority.

(2) An application for a permit shall also include a non-

technical summary of the details referred to in sub-regulation (1).

(3) When submitting an application, the operator shall follow

the format prescribed by any application forms published by the

competent authority on its website, and shall comply with any

guidance documents published by the competent authority on its

website.

(4) Where information supplied in accordance with the

requirements provided for in the Environmental Impact Assessment

Regulations, or a safety report prepared in accordance with Control

of Major Accident Hazards Regulations, or other information

produced in response to other legislation fulfils any of the

requirements of sub-regulation (1), that information may be

included in, or attached to, the application.

Schedule of fees for new permits

Category of activity as per Schedule

Fee for new permit

1. Energy

industries,

excluding

€35,000

combustion installations (1.1 below)

1.1

Combustion installations

€5,500 with an addition of €550

for every 10 MW (rated thermal

input) or part thereof

2. Production and processing of metals,

€35,000 with an addition of €350

excluding installations for surface

for every tonne per day or part

treatment of metals and plastic

thereof of processed material

materials (2.6 below)

€5,000 with €500 for every 10m 3

2.6

Installations for surface treatment of

metals and plastic materials

treatment vat capacity or part

thereof

3. Mineral industry

€25,000 with an addition of €250

for every tonne per day or part

thereof of processed material

4. Chemical

industry,

excluding

€5,000 with €500 for every ton per

installations for the production of

day plant production capacity or

pharmaceutical products (4.5 below)

part thereof, capped at €20,000

4.5 Installations using a chemical or

€15,000

biological process for the production

of pharmaceutical products including

intermediates

5. Waste management installations

5.1 Disposal or recovery of hazardous

€20,000 for disposal operations

waste

€10,000 for recovery operations

5.2 Disposal or recovery of waste in

€10,000 for incineration of only

waste incineration plants or in waste

non-hazardous waste

coincineration plants

€20,000 in all other cases

5.3 Disposal or recovery of non-

€10,000

hazardous waste, excluding point

(b)(i)(iv) below

5.3 (b)(i)(iv) Recovery or a mix of

€5,000

recovery and disposal of non-

hazardous waste involving treatment

in shredders of metal waste,

including waste electrical and

electronic equipment and end-of-life

vehicles and their components

€ 2 0 , 0 0 0 f o r e v e r y 5 0 0 ,0 0 0 m 3

5.4 Landfills

capacity or part thereof

5.5

Temporary

storage

of

hazardous

€10,000

waste

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)

Category of activity as per Schedule

Fee for new permit

5.6

Underground storage of hazardous

€10,000

waste

6. Other activities, excluding intensive

€15,000

rearing of poultry or pigs (6.6 below)

6.6

Intensive rearing of poultry or pigs

€230

In determining whether to grant or refuse the permit to an

applicant, the competent authority shall take into account the

applicant’s suitability to undertake the proposed activity, having

regard to, as the case may be

(a) his record of compliance with these regulations and

with

the

Industrial

Emissions

(Framework)

Regulations;

(b) his financial capacity to comply with all obligations

and liabilities that will or may arise from the proposed

activity under these regulations, or his ability to offer

such financial security as the competent authority may

require;

(c) his

qualifications,

experience

and

technical

competence, as well as those of his employees, to

carry out the proposed activity safely and with

minimum risk to human health and the environment,

and to abide by any conditions set in relation thereto

by the competent authority.

(1) The competent authority shall ensure that the permit

includes all measures necessary for compliance with the

requirements of regulations 4 and 11. Those measures shall include

at least the following

(a) emission limit values for polluting substances listed in

Schedule 2, and for other polluting substances, which

are likely to be emitted from the installation concerned

in significant quantities, having regard to their nature

and their potential to transfer pollution from one

medium to another;

(b) appropriate requirements ensuring protection of the

soil and groundwater and measures concerning the

monitoring and management of waste generated by the

installation;

(c) suitable emission monitoring requirements specifying

(i)

measurement methodology, frequency and

evaluation procedure; and

(ii) where the provisions of regulation 8(3)(b) are

applicable, that results of emission monitoring

are available for the same periods of time and

reference conditions as for the emission levels

associated with the best available techniques;

(d) an obligation to supply the competent authority

regularly, and at least annually, with

(i)

information on the basis of results of emission

monitoring referred to in paragraph (c) and other

required data that enables the competent

authority to verify compliance with the permit

conditions; and

(ii) where the provisions of regulation 8(3)(b) are

applicable, a summary of the results of emission

monitoring which allows a comparison with the

emission levels associated

with

the

best

available techniques

Provided that the competent authority may specify the

format of this reporting and timeframes for its

submission;

(e) appropriate requirements for the regular maintenance

and surveillance of measures taken to prevent

emissions to soil and groundwater pursuant to

paragraph

(b)

and

appropriate

requirements

concerning the periodic monitoring of soil and

groundwater in relation to relevant hazardous

substances likely to be found on site and having regard

to the possibility of soil and groundwater

contamination at the site of the installation;

(f)

measures relating to conditions other than normal

operating conditions such as start-up and shut-down

operations, leaks, malfunctions, momentary stoppages

and definitive cessation of operations;

(g) provisions on the minimisation of long-distance or

transboundary pollution;

(h) conditions for assessing compliance with the emission

limit values or a reference to the applicable

requirements specified elsewhere.

(2) For the purpose of sub-regulation (1)(a), emission limit

values may be supplemented or replaced by equivalent parameters

or technical measures ensuring an equivalent level of

environmental protection.

(3) BAT conclusions shall be the reference for setting the

permit conditions.

(4) Without prejudice to regulation 11, the competent authority

may set stricter permit conditions than those achievable by the use

o f t h e b e s t a v a i l a b l e t e c h n i q u e s a s d e s c r i b e d i n t h e B AT

conclusions. The competent authority may establish guidance

under which it may set such stricter conditions.

(5) Where the competent authority sets permit conditions on

the basis of a best available technique not described in any of the

relevant BAT conclusions, it shall ensure that

(a) that technique is determined by giving special

consideration to the criteria listed in Schedule 3; and

(b) the requirements of regulation 8 are complied with.

Where the BAT conclusions referred to in paragraph (a) do

not contain emission levels associated with the best available

techniques, the competent authority shall ensure that the technique

referred to in paragraph (a) ensures a level of environmental

protection equivalent to the best available techniques described in

the BAT conclusions.

(6) Where an activity or a type of production process carried

out within an installation is not covered by any of the BAT

conclusions or where those conclusions do not address all the

potential environmental effects of the activity or process, the

competent authority shall, after prior consultations with the

operator, set the permit conditions on the basis of the best available

techniques that it has determined for the activities or processes

concerned, by giving special consideration to the criteria listed in

Schedule 3.

(7) For installations referred to in point 6.6 of Schedule 1, sub-

regulations (1) to (6) shall apply without prejudice to the

legislation relating to animal welfare.

(1) The emission limit values for polluting substances

shall apply at the point where the emissions leave the installation,

and any dilution prior to that point shall be disregarded when

determining those values.

With regard to indirect releases of polluting substances into

water, the effect of a water treatment plant may be taken into

account when determining the emission lim it values of the

installation concerned, provided that an equivalent level of

protection of the environment as a whole is guaranteed and

provided this does not lead to higher levels of pollution in the

environment.

(2) Without prejudice to regulation 11, the emission limit

values and the equivalent parameters and technical measures

referred to in regulation 7(1) and (2) shall be based on the best

available techniques, without prescribing the use of any technique

or specific technology.

(3) The competent authority shall set emission limit values that

ensure that, under normal operating conditions, emissions do not

exceed the emission levels associated with the best available

techniques as laid down in the decisions on BAT conclusions

referred to in Article 13(5) of Directive 2010/75/EU of the

European Parliament and of the Council of 24 November 2010 on

industrial emissions (integrated pollution prevention and control)

through either of the following

(a) setting emission limit values that do not exceed the

emission levels associated with the best available

techniques. Those emission limit values shall be

expressed for the same or shorter periods of time and

under the same reference conditions as those emission

levels associated with the best available techniques; or

(b) setting different emission limit values than those

referred to under paragraph (a) in terms of values,

periods of time and reference conditions.

Where paragraph (b) is applicable, the competent authority

shall, at least annually, assess the results of emission monitoring in

order to ensure that emissions under normal operating conditions

have not exceeded the emission levels associated with the best

available techniques.

(4) By way of derogation from sub-regulation (3), and without

prejudice to regulation 11, the competent authority may, in specific

cases, set less strict emission limit values. Such a derogation may

apply only where an assessment shows that the achievement of

emission levels associated with the best available techniques as

described in BAT conclusions would lead to disproportionately

higher costs compared to the environmental benefits due to

(a) the geographical location or the local environmental

conditions of the installation concerned; or

(b) the technical

characteristics

of

the

installation

concerned.

The competent authority shall document in an annex to the

permit conditions the reasons for the application of paragraph (a)

including the result of the assessment and the justification for the

conditions imposed.

The emission limit values set in accordance with paragraph

(a) shall, however, not exceed the emission limit values set out in

the Schedule to the Industrial Emissions (Framework) Regulations,

where applicable.

The competent authority shall in any case ensure that no

significant pollution is caused and that a high level of protection of

the environment as a whole is achieved.

In the application of this sub-regulation, the competent

authority shall take into account any guidance published by the

European Commission on the criteria to be taken into account for

the application of this sub-regulation.

The competent authority shall re-assess the application of

this sub-regulation as part of each reconsideration of the permit

conditions pursuant to regulation 15.

(5) The competent authority may grant temporary derogations

from the requirements of sub-regulations (2) and (3), and from

regulation 4(a) and (b) for the testing and use of emerging

techniques for a total period of time not exceeding nine months,

provided that after the period specified, either the technique is

stopped or the activity achieves at least the emission levels

associated with the best available techniques.

(6) Pending the adoption of a relevant decision on BAT

conclusions referred to in Article 13(5) of Directive 2010/75/EU of

the European Parliament and of the Council on industrial

emissions, the conclusions on best available techniques from BAT

reference documents adopted by the European Commission prior to

6 January 2011 shall apply as BAT conclusions for the purposes of

these regulations except for sub-regulations (3) and (4).

(1) The monitoring requirements referred to in regulation

7(1)(c) shall, where applicable, be based on the conclusions on

monitoring as described in the BAT conclusions.

(2) The frequency of the periodic monitoring referred to in

regulation 7(1)(e) shall be determined by the competent authority

in a permit for each individual installation or in general binding

rules.

(3) Without prejudice to the provisions of sub-regulation (2),

periodic monitoring shall be carried out at least once every five

years for groundwater and ten years for soil, unless such

monitoring is based on a systematic appraisal of the risk of

contamination.

(1) When adopting general binding rules, the competent

authority shall ensure an integrated approach and a high level of

environmental protection equivalent to that achievable with

1. individual permit conditions.

(2) General binding rules shall be based on the best available

techniques, without prescribing the use of any technique or specific

technology in order to ensure compliance with regulations 7 and 8.

(3) The competent authority shall ensure that general binding

rules are updated to take into account developments in best

available techniques and in order to ensure compliance with

regulation 15.

(4) General binding rules adopted in accordance with sub-

regulations (1) to (3) shall contain a reference to Directive 2010/

75/EU of the European Parliament and of the Council of 24

November 2010 on Industrial Emissions (Integrated Pollution

Prevention and Control) (Recast), or be accompanied by such a

reference on the occasion of their official publication.

Where an environmental quality standard requires stricter

conditions than those achievable by the use of the best available

techniques, the competent authority shall include additional

measures in the permit, without prejudice to other measures which

may be taken to comply with environmental quality standards.

The competent authority shall follow developments in best

available techniques and the publication of any new or updated

BAT conclusions and shall make that information available to the

public concerned.

(1) The operator shall inform the competent authority of

any planned change in the nature or functioning, or an extension of

the installation which may have consequences for the environment.

Where appropriate, the competent authority shall update the

permit.

(2) No substantial change planned by the operator shall be

made without a permit granted in accordance with these

regulations.

The application for a permit and the decision by the

competent authority shall cover those parts of the installation and

those details listed in regulation 5 which may be affected by the

substantial change.

(3) Any change in the nature or functioning or an extension of

an installation shall be deemed to be substantial if the change or

extension in itself reaches the capacity thresholds set out in

Schedule 1.

A permit shall not be transferred from one operator to

another unless the approval of the competent authority has been

sought and granted.

(1) Permits shall be valid for such a time as the competent

authority may specify, provided that where the operator has

sub mi tted all th e in format ion necessary f or the purpose of

reconsidering permit conditions within the timeframe specified by

the competent authority pursuant to sub-regulation (3), the validity

of the permit shall be extended until such a time as the competent

authority decides on the reconsideration of the permit conditions.

(2) The competent authority shall periodically reconsider, in

accordance with sub-regulations (3) to (6), all permit conditions

and, where necessary to ensure compliance with these regulations,

update those conditions.

(3) Prior to the expiry of the permit or at the request of the

competent authority, the operator shall submit all the information

necessary for the purpose of reconsidering the permit conditions,

including, in particular, results of emission monitoring and other

data, that enables a comparison of the operation of the installation

with the best available techniques described in the applicable BAT

conclusions and with the emission levels associated with the best

available techni ques, and any o ther additional information

requested by the competent authority. The operator shall submit

this information according to the timeframe specified by the

competent authority.

When reconsidering permit conditions, the competent

authority shall use any information resulting from monitoring or

inspections.

(4) Within four years of publication of decisions on BAT

conclusions in accordance with Article 13(5) of Directive 2010/75/

EU of the European Parliament and of the Council on industrial

emissions relating to the main activity of an installation, the

competent authority shall ensure that

(a) all the permit conditions for the installation concerned

are reconsidered and, if necessary, updated to ensure

compliance with these regulations, in particular, with

regulation 8(3) and (4), where applicable;

(b) the installation complies with those permit conditions.

The reconsideration shall take into account all the new or

updated BAT conclusions applicable to the installation and adopted

in accordance with Article 13(5) of Directive 2010/75/EU since the

permit was granted or last reconsidered.

(5) Where an installation is not covered by any of the BAT

conclusions, the permit conditions shall be reconsidered and, if

necessary, updated where developments in the best available

techniques allow for the significant reduction of emissions.

(6) The permit conditions shall be reconsidered and, where

necessary, updated at least in the following cases

(a) where the pollution caused by the installation is of

such significance that the existing emission limit

values of the permit need to be revised or new such

values need to be included in the permit;

(b) where the operational safety requires other techniques

to be used;

(c) where it is necessary to comply with a new or revised

environmental quality standard in accordance with

regulation 11;

(d) where the validity of a permit has elapsed.

(1) Without prejudice to the Water Policy Framework

Regulations, the Prevention and Remedying of Environmental

Damage Regulations, and the Protection of Groundwater Against

Pollution and Deterioration Regulations, and to relevant national or

European Union legislation on soil protection, the competent

authority shall set permit conditions to ensure compliance with

sub-regulations (3) and (4) upon definitive cessation of activities.

(2) Where the activity involves the use, production or release

of r e le v a n t h a z a r d o u s su b s t a n ce s an d ha v in g r e g a r d t o t h e

possibility of soil and groundwater contamination at the site of the

installation, the operator shall prepare and submit to the competent

a u t h o r i t y a b a s e l i n e r e p o r t b e f o r e st a r t i n g o p e r a t i o n o f an

installation or before a permit for an installation is updated for the

first time after 7 January 2013.

The baseline report shall contain the information necessary

to determine the state of soil and groundwater contamination so as

to make a quantified comparison with the state upon definitive

cessation of activities provided for under sub-regulation (3).

The baseline report shall contain at least the following

information

(a) information on the present use and, where available,

on past uses of the site;

(b) where available, existing information on soil and

groundwater measurements that reflect the state at the

time the report is drawn up or, alternatively, new soil

and groundwater measurements having regard to the

possibility of soil and groundwater contamination by

those hazardous substances to be used, produced or

released by the installation concerned.

Where information produced pursuant to other national or

European Union law fulfils the requirements of this sub-regulation,

that information may be included in, or attached to, the submitted

baseline report.

In the preparation of the baseline report, the operator shall

take into account any g uidanc e published by t he E uropean

Commission on the content of the baseline report.

(3)

(a) Upon definitive cessation of the activities, the operator

shall assess the state of soil and groundwater

contamination by relevant hazardous substances used,

produced or released by the installation. Where the

installation has caused significant pollution of soil or

groundwater by relevant hazardous substances

compared to the state established in the baseline report

referred to in sub-regulation (2), the operator shall take

the necessary measures to address that pollution so as

to return the site to that state. For that purpose, the

technical feasibility of such measures may be taken

into account.

(b) Without prejudice to paragraph (a), upon definitive

cessation of the activities, and where the

contamination of soil and groundwater at the site poses

a significant risk to human health or the environment

as a result of the permitted activities carried out by the

operator before the permit for the installation is

updated for the first time after 7 January 2013 and

taking into account the conditions of the site of the

installation established in accordance with regulation

5(1)(d), the operator shall take the necessary actions

aimed at the removal, control, containment or

reduction of relevant hazardous substances, so that the

site, taking into account its current or approved future

use, ceases to pose such a risk.

(4) Where the operator is not required to prepare a baseline

report referred to in sub-regulation (2), the operator shall, upon

definitive cessation of the activities, take the necessary actions

aimed at the removal, control, containment or reduction of relevant

hazardous substances, so that the site, taking into account its

current or approved future use, ceases to pose any significant risk

to human health or the environment due to the contamination of

soil and groundwater as a result of the permitted activities and

taking into account the conditions of the site of the installation

established in accordance with regulation 5(1)(d).

(1) The competent authority shall set up a system of

environmental inspections of installations addressing the

examination of the full range of relevant environmental effects

from the installations concerned.

Operators shall afford the competent authority and any

other authorities having competence in accordance with regulation

19 all necessary assistance to enable officials of these authorities to

carry out any site visits, to take samples and to gather any

information necessary for the performance of their duties for the

purposes of these regulations.

(2) The competent authority shall ensure that all installations

are covered by an environmental inspection plan at national,

regional or local level and shall ensure that this plan is regularly

reviewed and, where appropriate, updated.

(3) Each environmental inspection plan shall include the

following

(a) a general assessment

of

relevant

significant

environmental issues;

(b) the geographical area covered by the inspection plan;

(c) a register of the installations covered by the plan;

(d) procedures for drawing up programmes for routine

environmental inspections pursuant to sub-regulation

(4);

(e) procedures for non-routine environmental inspections

pursuant to sub-regulation (5);

(f)

where necessary, provisions on the co-operation

between different inspection authorities, in particular

the authorities identified in regulation 19.

(4) Based on the inspection plans, the competent authority

shall regularly draw up programmes for routine environmental

inspections, including the frequency of site visits for different

types of installations.

The period between two site visits shall be based on a

systematic appraisal of the environmental risks of the installations

concerned and shall not exceed one year for installations posing the

highest risks and three years for installations posing the lowest

risks.

If an inspection has identified an important case of non-

compliance with the permit conditions, an additional site visit shall

be carried out within six months of that inspection.

The systematic appraisal of the environmental risks shall be

based on at least the following criteria

(a) the potential and actual impacts of the installations

concerned on human health and the environment

taking into account the levels and types of emissions,

the sensitivity of the local environment and the risk of

accidents;

(b) the record of compliance with permit conditions;

(c) the participation of the operator in the European Union

eco-management and audit scheme (EMAS), pursuant

to Regulation (EC) No 1221/2009.

The competent authority shall take into account any

guidance adopted by the European Commission on the criteria for

the appraisal of environmental risks.

(5) The competent authority shall carry out non-routine

environmental inspections to investigate serious environmental

complaints, serious environmental accidents, incidents and

occurrences of non-compliance as soon as possible and, where

appropriate, before the granting, reconsideration or update of a

permit.

(6) Following each site visit, the competent authority shall

prepare a report describing the relevant findings regarding

compliance of the installation with the permit conditions and

conclusions on whether any further action is necessary.

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)

The report shall be notified to the operator concerned

within two months of the site visit taking place. The report shall be

made publicly available by the competent authority in accordance

with the Freedom of Access to Information on the Environment

Regulations, within four months of the site visit taking place.

Without prejudice to regulation 10(2) and (3) of the

Industrial Emissions (Framework) Regulations, the competent

authority shall ensure that the operator takes all the necessary

actions identified in the report within a reasonable period.

(1) The competent authority shall ensure that the public

concerned are given early and effective opportunities to participate

in the following procedures

(a) the granting of a permit for new installations;

(b) the granting of a permit for any substantial change;

(c) the granting or updating of a permit for an installation

where the application of regulation 8(4) is proposed;

(d) the updating of a permit or permit conditions for an

installation in accordance with regulation 15(6)(a);

(e) the updating of a permit or permit conditions for an

installation in accordance with regulation 15(3).

The procedure set out in Schedule 4 shall apply to such

participation.

(2) When a decision on granting, reconsideration or updating

of a permit has been taken, the competent authority shall make

available to the public, including via the internet in relation to

paragraphs (a), (b) and (f), the following information

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

permit and any subsequent updates;

(b) the reasons on which the decision is based;

(c) the results of the consultations held before the decision

was taken and an explanation of how they were taken

into account in that decision;

(d) the title of the BAT reference documents relevant to

the installation or activity concerned;

(e) how the permit conditions referred to in regulation 7,

including the emission limit values, have been

determined in relation to the best available techniques

and emission levels associated with the best available

techniques;

(f)

where a derogation is granted in accordance with

regulation 8(4), the specific reasons for that

derogation based on the criteria laid down in that sub-

regulation and the conditions imposed.

(3) The competent authority shall also make available to the

public, including via the internet at least in relation to paragraph

(a) relevant information on the measures taken by the

operator upon definitive cessation of activities in

accordance with regulation 16;

(b) the results of emission monitoring as required under

the permit conditions and held by the competent

authority.

(4) Sub-regulations (1), (2) and (3) shall apply subject to the

restrictions laid down in regulation 7(1) and (2) of the Freedom of

Access to Information on the Environment Regulations.

(1) In case of applications where the competent authority

considers that other authorities also have competence in any of the

proposed activities, the competent authority shall

(a) notify these authorities of applications according to

their area of competence;

(b) submit to these authorities an electronic copy of the

application submitted by the operator for their review;

(c) invite these authorities to propose conditions

regarding their area of competence for inclusion in the

permit.

Where the conditions stipulated in the permit drafted by the

Environment and Resources Authority and the conditions proposed

by other authorities are in conflict, the Environment and Resources

Aut horit y sh all seek t o resol ve t his confli ct at th e earlie st

opportunity.

Where there is sustained and justified objection against the

granting of a permit for a particular installation by an authority

deemed as having competence, the Environment and Resources

Authority shall not grant a permit until this objection is lifted by

the authority making the objection

Provided that where the Environment and Resources

Authority does not receive any objection from other authorities

within the stipulated time-frame, those other authorities shall be

deemed to have no objection to the issue of the permit

Provided also that the responsibility for enforcing

conditions required by other authorities shall rest with those

authorities.

(2) The following shall be considered as also having

competence with regard to the application of sub-regulation (1)

(a) the authority responsible for Energy and

Water

Services in relation to all activities in Schedule 1

involving the activities regulated by legislation listed

in the First Schedule of the Regulator for Energy and

Water Services Act;

(b) the authority responsible for Agriculture, Veterinary

services and Fisheries in relation to activities 6.4, 6.5

and 6.6 in Schedule 1, and any activity for the disposal

or recovery of animal by-products;

(c) the authority responsible for Competition and

Consumer Affairs in relation to activities 1.2, 1.3, 2.1,

2.5, 2.6, 3.1, 3.2, 3.3, 3.4, 4, 6.7 and 6.10 in Schedule

1;

(d) the authority responsible for Civil Protection in

relation to all activities in Schedule 1;

(e) the authority responsible for Environmental Health in

relation to all activities in Schedule 1;

(f)

the authority responsible for Transport in Malta in

relation to activities involving release of trade effluent

into ports;

(g) the Authority responsible for health and safety at work in

relation to activities concerning occupational health

and safety and activities covered by the Control of

Major Accident Hazards Regulations;

(h) the authority responsible for all activities in Schedule

1 involving minerals and other activities regulated by

legislation listed in the Second Schedule of the

Regulator for Energy and Water Services Act;

(i)

the authority responsible for the protection of

groundwater in relation to activities involving

groundwater use and aquifer recharge.

(1) Members of the public concerned having sufficient

interest shall have access to a review procedure before the

Environment and Planning Review Tribunal to challenge the

substantive or procedural legality of decisions, acts or omissions

subject to regulation 18.

(2) An appeal may be lodged before the Tribunal within thirty

days following a decision being made on the granting,

reconsideration or updating of a permit.

(3) For the purposes of sub-regulation (1), the interest of any

n o n - g o v e r n m e n t a l o rg a n i s a t i o n p r o m o t i n g e n v i r o n m e n t a l

protection and meeting any requirements under national law shall

be deemed sufficient.

(4) Article 41 of the Environment and Development Planning

Act, shall apply to this procedure.

(5) The competent authority shall ensure that practical

information is made available to the public on access to

administrative and judicial review procedures.

(1) Where the competent authority is aware that the

operation of an installation is likely to have significant negative

effects on the environment of another European Union Member

State, or where a European Union Member State which is likely to

be significantly affected so requests, the competent authority shall

forward to the Member State any information required to be given

or made available pursuant to Schedule 4 at the same time as it

makes it available to the public.

Such information shall serve as a basis for any

consultations necessary in the framework of the bilateral relations

between Malta and the other Member State on a reciprocal and

equivalent basis.

(2) The competent authority 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 of the

Member State likely to be affected so that it will have the right to

comment on them before the competent authority reaches its

decision.

(3) The results of any consultations pursuant to sub-regulations

(1) and (2) shall be taken into consideration when the competent

authority reaches a decision on the application.

(4) The competent authority shall inform any Member State

which has been consulted pursuant to sub-regulation (1) of the

decision reached on the application and shall forward to it the

information referred to in regulation 18(2). That Member State

shall take the measures necessary to ensure that that information is

made available in an appropriate manner to the public concerned in

its own territory.

(1) The competent authority shall, where appropriate,

encourage the development and application of emerging

techniques, in particular for those emerging techniques identified

in BAT reference documents.

(2) In the application of sub-regulation (1), the competent

authority shall take into account any guidance published by the

European Commission to assist Member States in encouraging the

development and application of emerging techniques as referred to

in sub-regulation (1).

(1) The competent authority shall charge fees in respect of

applications (including for the variation, transfer, renewal or

surrender thereof).

(2) The competent authority shall not process any application

or render any other service if the fees relative to a previous permit

or service given to the same person or in respect of an installation

or any technically connected installation have not been paid in full.

(3) The competent authority shall not process any application

or render any other service if not accompanied with the fees

stipulated in these regulations.

(1) An application fee for any new permit, variation,

transfer, renew al o r surrend er th e reo f, s ha l l be p a id to th e

competent authority on submission of the application.

(2) The fees for new permits stipulated in Schedule 5 shall

apply.

(3) Where an operator applies to transfer ownership of a permit

or for a variation to a permit, a fee of 10% of the application fee in

Schedule 5 shall be paid to the competent authority. The fee for a

variation shall not be payable if the variation is imposed by the

competent authority and not requested by the operator.

(4) Where an operator applies for a renewal of a permit, a fee

of 50% of the application fee in Schedule 5 shall be paid to the

competent authority.

(5) Where an operator applies for the surrender of a permit, a

fee of 25% of the application fee in Schedule 5 shall be paid to the

competent authority.

(6) An annual fee of 10% of the application fee in Schedule 5

shall be paid to the competent authority on the anniversary of the

date of issue of the permit. Installations having environmental

management certification recognised by the Malta Competition and

Consumer Affairs Authority shall pay a reduced annual fee of 5%.

(7) All inspection costs, whether for scheduled or additional

inspections, shall be paid by the operator to the competent

authority at a standard rate of two hundred euro (€200) per

inspection. Such inspection costs shall be added to the annual fee.

(8) The competent authority may engage consultancy services

to obtain specialised expertise on specific applications (including

the variation, transfer, renewal or surrender thereof), to obtain

assistance in carrying out compliance audits (including monitoring

and, or analysis of samples) and to carry out enforcement of

specific permits. The cost of the consultancy services will be

communicated to the applicant prior to the consultancy services

being engaged and will be borne by the applicant.

(9) In cases where an application for a permit (or variation,

transfer, renewal or surrender thereof) is withdrawn by the

applicant within ten working days of submission, 50% of the fees

paid shall be refunded. No refund shall be granted after ten working

days of submission. No refund shall be granted in respect of

consultancy fees as specified in sub-regulation (8).

(10) In the case where an application for a permit (or variation,

transfer, renewal or surrender thereof) is refused by the competent

authority, the fees paid shall not be refunded.

(11) With regard to pending applications submitted before the

coming into force of these regulations, the fees in accordance with

these regulations shall be payable prior to issue of the permit, and

in respect of permitted installations, fees for variation, renewal,

transfer, surrender and annual fees shall be due prior to the next

variation, renewal, transfer, surrender or anniversary of the permit,

respectively.

The competent authority may also require the provision by

the operator of a suitable financial guarantee to be made in favour

of the competent authority to secure the obligations under the

permit or registration, before the permit or registration is issued.

The financial guarantee may also be tied to specific requirements in

the permit.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision 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 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 under these

regulations shall, on conviction, be liable

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

twenty-three thousand euro (€23,000.00) and not

greater than two hundred and thirty three thousand

euro (€233,000.00) or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment;

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

(multa) of not less than forty-six thousand euro

(€46,000.00) and not greater than four hundred and

sixty six thousand euro (€466,000.00) 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 shall 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 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(1) 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

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

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 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.

(Omitted under the Statute Law Revision Act, 1980).

(1) The provisions of these regulations shall apply from

the 7th January, 2014 to installations carrying out the activities

referred to in Schedule 1 of the revoked regulations, which are in

operation and hold a permit before 7th January 2013, or the

operators of which have submitted a complete application for a

permit before that date, provided that those installations are put

into operation no later than 7 January 2014. Without prejudice to

regulation 15(1), permits issued under the revoked regulations shall

be construed as valid until their term of expiry or until superseded

by a permit issued under these regulations.

(2) The provisions of these regulations shall apply from 7 July

2015 for installations carrying out the activities referred to in

Schedule 1 which are not covered by sub-regulation (1), and which

are in operation before 7 January 2013. Such installations shall

apply to the competent authority for a permit by 7 July 2013 at the

latest.

INDUSTRIAL EMISSIONS (INTEGRATED

POLLUTION PREVENTION AND CONTROL)