ESTABLISHMENT OF THE PARK NAZZJONALI TAL-INWADAR [ S.L.549.109 1 SUBSIDIARY LEGISLATION 549.109 ESTABLISHMENT OF THE PARK NAZZJONALI TAL-INWADAR 21st October, 2016 LEGAL NOTICE 343 of 2016, and by Legal Notices 17 of 2018, 162 of 2019 and 195 of
- The title of these regulations is the Establishment of the Park Nazzjonali tal-Inwadar Regulations.
- For the purpose of these regulations and unless the context otherwise requires: Citation. "Act" means the Environment Protection Act; "competent authority" means the Environment and Resources Authority as established by article 6 of the Act; Cap.
- Interpretation. Substituted by: L.N. 162 of
- "the Minister" means the Minister responsible for the environment; "special area of conservation of National Importance" means the same as that provided in the Flora, Fauna and Natural Habitats Protection Regulations. S.L. 549.
- 3.
(1)The Minister hereby declares the establishment of a national park in the Southeast of Malta, as delineated in the site map in Schedule I. The Park should serve to promote and conserve the ecological, geological, cultural and natural features whilst facilitating the sustainable use of the Park’s resources for recreation and other appropriate activities. Establishment of the Park. Amended by: L.N. 162 of 2019.
(2)The Minister may, by notice in the Gazette, extend the boundaries of the said park. 4. The park shall be called the Park Nazzjonali tal-Inwadar, hereinafter referred to as "the Park". 5.
(1)The Inwadar Park is also being designated as a special area of conservation of National Importance in line with regulation 9 of the Flora, Fauna and Natural Habitats Protection Regulations and is also hereby declared as part of the National Ecological Network in line with regulation 5 of the same regulations.
(2)The competent authority may declare additional levels of protection as may be required through the publication of a notice in the Gazette.
(3)Any actions undertaken through these regulations shall ensure the sustainable management and use of the biodiversity and natural resources of the Park. Name of the Park. Status of the Park. Substituted by: L.N. 162 of
- S.L.
- 2 [ S.L.549.109 ESTABLISHMENT OF THE PARK NAZZJONALI TAL-INWADAR Management of the Park.
- There shall be a management structure for the management of the Park, which shall be made up of a Management Board and, where applicable, an Implementation Body. Establishment of the Board.
- The Management Board is hereby established, which is to be known as the Park Nazzjonali tal-Inwadar Management Board, hereinafter referred to as "the Board". Setting up of the Management Board and its composition. Amended by: L.N. 17 of
- 8.
(1)The Minister responsible for the Environment shall appoint the Management Board for a term of three
(3)years, renewable for further periods. Substituted by: L.N. 17 of 2018.
(2)The Board shall be composed of seven
(7)members as follows: (
- a)a Chairperson; and (
- b)six
(6)persons appointed on the basis of their knowledge and experience in relevant sectors, one of whom shall be appointed vice-chairperson. Functions of the Board. Amended by: L.N. 162 of 2019.
(3)The Board shall regulate its own procedure.
(4)The Chairperson shall have a casting vote. 9.
(1)The Board shall have an executive role and the responsibility to develop a plan for the management of the Park, hereinafter referred to as the "management plan", and to carry out regular monitoring, updating and review of the said management plan. The Board shall also prepare and monitor a Business Plan for the park and oversee the Implementation Body. The management plan shall be submitted to the competent authority for approval.
(2)The Board shall administer the implementation of the management plan, which shall be implemented by the Implementation Body appointed in accordance with regulation 10
(1). The Board shall also have the right to adopt additional measures to safeguard the overall objectives of the management plan.
(3)Without prejudice to the provisions of sub-regulations
(1)and
(2), the Board shall network and co-ordinate with the Government including Government departments, entities and local councils, right holders and stakeholders in order to ensure the proper implementation of the management plan.
(4)Without prejudice to the provisions of sub-regulations
(1)a n d
(2), t h e M i n i s t e r m a y, a t a n y t i m e , a s s i g n t h e o v e r a l l responsibility for the management of the Park to any other legal person which shall report to the Board. Setting up of the Implementation Body and appointment of officers. Amended by: L.N. 162 of 2019. 10.
(1)The Minister responsible for the Environment shall appoint the Implementation Body by written agreements between the Minister, or his representative, and the competent authority on the one hand, and the Implementation Body on the other, for periods of five years, renewable for further periods.
(2)The rights and duties of the implementing organizations ESTABLISHMENT OF THE PARK NAZZJONALI TAL-INWADAR [ S.L.549.109 3 shall be laid out in the said written agreements.
(3)The Implementation Body shall execute the work contained in the management plan in line with the direction given by the Board.
(4)The Implementation Body shall abide by the law, regulation or other official order given by the Board and shall not carry out any works or appoint any person to carry out works in the Park unless the Board would have previously given its approval.
(5)The Implementation Body may in cases of emergency take any action as necessary and inform the Board immediately of his actions. 11.
(1)The Implementation Body shall ascertain that any works and initiatives carried out within the Park are in line with the approved management plan and follow best practice. It shall be responsible for the implementation of the approved management plan and business plan. Functions of the Implementation Body.
(2)The Implementation Body shall co-ordinate actions with implementation partners, government departments and agencies and may involve individual volunteers and registered voluntary organisations to assist in the implementation of the management plan.
(3)The Implementation Body shall be responsible to operate and maintain the Park’s assets which are within its remit, monitor progress and recommend changes and im provements to the management plan and the business plan. 12.
(1)Subject to the provisions of regulation 10, the Minister responsible for the Environment, or his representative, may enter into an agreement with any non-government organization working in the fields of heritage or environmental management to carry out specific tasks related to the Park.
(2)For the purpose of the implementation of the management plan, the competent authority may enter into a management agreement to carry out specific tasks related to the Park, according to regulation 15 of the Flora, Fauna and Natural Habitats Protection Regulations. 13.
(1)The Board shall be allocated an annual budget for it to conduct its business subject to an approved business plan. Other agreements. Amended by: L.N. 162 of 2019. S.L. 549.44. Administrative support to the Board.
(2)The Board shall be free to engage in initiatives to secure funds from third party organizations in order to supplement its budget.
- The Ministry responsible for the Environment, or any other legal or administrative entity or person identified by the Minister, shall provide the overall strategic direction for the Park. Strategy and business direction. 4 [ S.L.549.109 ESTABLISHMENT OF THE PARK NAZZJONALI TAL-INWADAR ESTABLISHMENT OF THE PARK NAZZJONALI TAL-INWADAR Substituted by: L.N. 195 of
- [ S.L.549.109 SCHEDULE I (Regulation 3) Boundary of Park Nazzjonali tal-Inwadar 5