For the purposes of sub-article (1): \"fraud\" means the submission to the Authority of any information or declaration on the basis of which the Authority has approved an authorisation, where such information or declaration is false, misleading or incorrect, irrespective of whether such deceit is the result of a wilful or negligent act:
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Provided that the Authority shall not revoke or modify an authorisation on the basis of fraud as long as: (a) the fraudulent information did not have a material bearing on the issuing of the authorisation; and (b) the Authority’s authorisation does not confer any undue or fraudulent benefit to the applicant under any other law or regulation, or potentially implicate the Authority in any breach of such law or regulation; \"error on the face of the record\" means an error on the face of a record which offends against the law; and \"material condition\" means any condition which is of specific relevance to the activity covered by the authorisation.
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(3)The applicant shall, if the decision is taken by the Authority, have a right to appeal the Authority’s decision within thirty days from the date of service of a revocation decision or a modification decision.
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(4)No compensation shall be payable by the Authority when it acts under the provisions of sub-article (1) where the reason for the revocation or a modification of an authorisation is based on fraud, or error of law on the face of the record, or breach of a material condition contained in an authorisation.
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Reasons for revocation.
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66.(1) Where the sole reason for revocation or modification of an authorisation is public safety and, or significant environmental damage, the following rules shall apply: (a) any activity that may be necessary for compliance with the order shall be carried out by, or at the expense of, the Authority; (b) if on a claim made to the Authority within twelve ENVIRONMENT PROTECTION months of the date of the revocation decision or the modification decision, it is shown that any such interested person has incurred expenditure that is rendered useless by the revocation or modification, or has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Authority shall, subject to paragraph (c), pay to that person compensation in respect of that expenditure, loss or damage; (c) no compensation shall be payable under this article: (i) in respect of loss or damage consisting of the depreciation in value by virtue of the revocation or modification; or (ii) in respect of any work carried out before the grant of the authorisation that is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that authorisation, or in respect of any works that are not in accordance with the authorised specifications or in breach of the terms, conditions and limitations attached to the authorisation; (d) where compensation is payable under this article in respect of expenditure incurred in carrying out any work on land, if the competent authority under the Land Acquisition (Public Purposes) Ordinance acquires any interest in that land, any compensation payable in respect of the acquisition of that interest shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this article.
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3.Charges and contributions 67. (1) The Authority shall have power to levy a charge in r e s p e c t o f a n y a u t h o r i s a t i o n t o c a r r y o u t a n a c t i v i t y, o r environmental assessments, environmental auditing or environmental monitoring, to be known as the processing fee, including any application therefor, in accordance with a schedule of charges established by it with the concurrence of the Minister and of the Minister responsible for finance, taking account of the nature of the activity, the timing of the activity, of the conditions attaching to the authorisation and of any other relevant consideration.
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Charges and contributions.
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(2)The Authority shall have power to levy a charge in respect of any other application for an authorisation made to it.
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(3)The schedule of charges and the rates of contributions established under this article, as from time to time in force, shall be published as regulations and shall have effect as so published.
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68.No authorisation shall be granted, and no activity authorised by an order shall be carried out, unless and until any fee or contribution payable under article 67 has been paid to and received by the Authority; and any activity carried out without such Payment of fees and contributions.
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ENVIRONMENT PROTECTION payment having been made and received shall be deemed to be an activity carried out without the permission of the Authority.
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Conservation orders.
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4.Protection and Conservation 69. (1) The Authority shall prepare, and from time to time review, a list of protected areas, habitats and species which are to be protected for conservation and may in respect of all or any one or more of the protected areas, habitats or species make protection and conservation orders to regulate their protection, conservation and management. Such orders shall be published in the Gazette and on the Authority’s website.
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(2)Any additions or amendments to such orders thereto, shall be published by the Authority in the Government Gazette and on the Authority’s website. The Authority shall set up a mechanism to notify any one of the owners of any property subject of a conservation order of the fact of its inclusion in the list and of any conservation order made with respect to it.
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(3)The carrying out of any activity and/or works in any protected area may be prohibited or restricted as provided in relevant regulations or in a conservation order.
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(4)Subject to the provisions of this article, further detailed procedures regulating the application of this article shall be established in regulations issued under this Act.
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(5)In respect of any site in a protected area, the Authority shall also have power to require the owner, by notice in writing, to undertake such works or actions generally, or as may be specified in the notice, as may be necessary to ensure that no further deterioration occurs. In default, the Authority may give a further notice to the owner to carry out and complete the works or actions within a specified time, and if the owner is still in default it may itself carry out, or cause to be carried out, the necessary works or actions and recover the cost thereof from the owner.
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(6)An owner of a site in a protected area has a right to request the reconsideration of any protection of his land. Such request shall be entered in writing with the Authority within thirty days of notification or publication in the Gazette, whichever is the later, of the protection and the Authority shall decide within three months of receipt by it of the request for reconsideration.
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(7)The Minister’s endorsement shall be sought when the Authority decides to remove or downgrades the protection afforded to a protected area, and no such removal of protection or downgrading shall be valid before it is endorsed by the Minister.
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(8)Any person who feels aggrieved by a decision of the Authority under this article may appeal to the Tribunal for a revocation or modification of such a decision in accordance with the procedure established under article 63.
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(9)An appeal to the Tribunal from the protection of an area or the issue of a protection or conservation order shall not stay the execution of such an order.
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(10)If a site or area which is not protected under the provisions ENVIRONMENT PROTECTION of this Act or any regulations made thereunder, but which the Authority believes could have an importance or value sufficient to have it protected, is at risk of being damaged or destroyed, the Authority may make an emergency conservation order and take such further steps for the protection of such site or area as it may deem necessary:
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Provided that in case of urgency the Chairperson of the Authority may make an emergency conservation order without the need of consulting the other members of the Authority.
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(11)An emergency conservation order shall be published in the Gazette and shall have effect immediately on its publication.
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(12)An emergency conservation order shall, for a period of six months from its publication in the Gazette, have the same effect as the inclusion of the area to which it refers in the list of protected areas. It shall cease to have any effect on the expiration of the period aforesaid, provided that the Authority shall within such period undertake any further studies or investigations as it deems necessary and thereupon decide to revoke or amend the order or replace it with a more definitive protection or conservation order in line with sub-article (1). Where such studies or investigations and decision-making cannot be satisfactorily completed within the aforesaid six-month period, the Authority may renew the emergency conservation order for further periods as it deems reasonable or indispensable, justifying its decision.
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(13)An appeal to the Tribunal from an emergency conservation order, or from an extension of time in line with sub-article (12), shall not stay the execution of such order.
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70.The Minister may, from time to time, by means of regulations introduce measures relative to the liability to be incurred by any individual who is, in any manner deemed responsible for any action that may cause environmental damage, whether in relation to a protected area, or in general. Such regulations may also include measures relating to the prevention and remedying of such environmental damage.
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Liability for environmental damage.
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5.Guardianship 70A. (1) The Minister may, with the prior approval in writing of the Minister responsible for lands, enter by public deed, into a guardianship contract with a local council or with a non-governmental organisation whereby the custody and administration of immovable property is passed over to the local council or non-governmental organisation, as the case may be, so that it may be used to secure an environmental objective such as those set in article 4, and in accordance with the provisions of this Act and of such regulations as may be prescribed and with such conditions not inconsistent therewith as may be included in the deed. The guardianship deed shall state the term for which it is entered following careful consideration of the feasibility and scale of undertaking of each proposal.
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(2)The Minister shall, however, within four weeks after its Guardianship and guardianship deed.
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Added by:
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XXIII.2018.3 ENVIRONMENT PROTECTION publication or if the House is not then in session, within four weeks of the date when the House next meets, lay a copy of the guardianship deed on the Table of the House, and the guardianship deed shall be subject to the condition that if on a motion tabled not later than twenty eight days after the laying on the Table of the House of the copy of the guardianship deed, the House resolves that the guardianship deed shall be rescinded, the deed shall be automatically rescinded upon the passage of the resolution.
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(3)Before entering a guardianship deed, the Minister shall seek the views of the Authority as to the conditions to be included in the guardianship deed; such conditions shall in particular address the following matters: (a) the measures that are to be taken to attain the environmental objective for which the guardianship agreement is intended; (b) the organisational, operational and financial arrangements in connection therewith, and the organisational, operational and financial resources to be dedicated therefor.
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(4)A guardianship deed shall not prejudice any powers of any public authority under this Act with regard to the immovable property subject to the guardianship deed.
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(5)The property subject to the guardianship deed shall remain the property of the Government.
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(6)The Minister after consulting the Authority may at any time by Order in the Gazette rescind a guardianship deed if any conditions stipulated therein or the provisions of this Act or of any regulations made thereunder are not observed by the other party.
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(7)Not later than six weeks after each anniversary of a guardianship deed the party in whose custody the immovable property is placed shall transmit to the Minister and the Authority a report of its activities in relation to the immovable property and on the way it has executed the guardianship deed during the previous year. A copy of such report shall be laid on the Table of the House by the Minister.
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(8)The Minister may make regulations generally prescribing rules in relation to guardianship.
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PART VII
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Powers of the Authority, Monitoring, Compliance Action and Enforcement of Control Right of entry.
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1.Right of Entry, Inspections and Monitoring 71. (1) Notwithstanding the provisions of any other law, for the purposes of carrying out their functions under this Act, the Board of the Authority, and such officer or committee or any other ENVIRONMENT PROTECTION person as may be authorised by the Authority for this purpose, and if so required by the Authority with the assistance of the Police Force, may enter any premises, public or private, vehicle, vessel or any other place, for the purposes of: (a) the making of investigations, inspections, surveys, tests or measurements, or lifting of samples; (b) ascertaining that nothing contrary to the provisions of this Act, to the regulations made thereunder or to any term, condition, limitation or specification attached to any authorisation issued under this Act is taking or has taken place, and taking any action accordingly; (c) ascertaining or reproducing such data or information as the Authority may require; (d) making plans of any premises, vehicle or vessel and taking photographs of the same after entry or boarding in accordance with this article; or (e) doing anything that is ancillary or consequential thereto.
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(2)In the case of a dwelling house, such right of entry, inspection and monitoring as provided for in this article, will be subject to giving previous notice of at least forty-eight hours and shall not apply before half past seven in the morning or after seven o’clock in the evening.
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(3)Any person who obstructs, threatens, attacks or impedes any officer of the Authority in the exercise of his duties under this Act shall be guilty of an offence and shall, on conviction, be liable to imprisonment not exceeding three years or to a fine (multa) of not more than one hundred thousand euro (€100,000) or to both such fine and imprisonment.
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72.(1) The Authority shall have the power to carry out inspections and investigations on any occasion and for any purpose related to the responsibilities pertaining to the Authority under this Act and subsidiary legislation made thereunder.
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Compliance monitoring.
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(2)In exercising the duties in sub-article (1), the Authority shall be granted the right of entry as defined in article 71.
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(3)In the event that non-compliance is proven, further action under this Act and subsidiary legislation made thereunder shall be undertaken by the Authority as considered necessary.
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2.Monitoring, Compliance Action and Enforcement of Control 73. (1) The Authority shall monitor any aspect and, or activity falling within the scope of this Act, particularly for the purposes of environmental surveys, audits and assessments and of ensuring compliance with t he r equiremen ts o f thi s Act a nd w ith th e decisions lawfully taken under this Act.
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(2)For this purpose, the Authority may appoint officers to, amongst other matters, collect data, survey, surveil and, or monitor a n y a c t i v i t y, a s p e c t o r a u t h o r i s a t i o n f o r t h e p u r p o s e s o f environmental surveys and audits and of compliance with Monitoring.
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ENVIRONMENT PROTECTION legislation and authorisations.
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Review of activities.
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74.The Authority may also undertake a review of any such activities carried out before the coming into force of this Act, or any other Act preceding this Act, not in compliance with rules, regulations, plans, policies or authorisations in force at the time the activity took place; and in respect of any such an activity the Authority shall have such powers as it has in respect of an activity carried out after the coming into force of this Act in order to ensure that the rules, regulations, plans and policies aforesaid are complied with or to regularise any such an activity to the extent the Authority deems adequate in the circumstances, or, if this is not reasonably possible, to enforce said compliance.
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Officers.
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75.(1) The Authority may appoint officers for the purposes of this Act, and such officers may upon production of proof of their identity, in order to ensure compliance with this Act or any regulations made thereunder: (a) enquire from any person information in connection with any activity, ownership or other matter regulated by this Act; (b) order moving vehicles or vessels to stop and open any cargo or goods area and displace goods as instructed to enable the officers to carry out immediate, on the spot inspections, investigations and monitoring; (c) take compliance action including the issuing of stop or compliance orders to any person in accordance with the provisions of article 76 and the issuing of fines; (d) in line with the precautionary principle, issue temporary stop orders, for a maximum of ten days every calendar year, for investigations as to the legality of any activity or for any necessary monitoring.
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(2)The provisions of sub-article (1) shall be without prejudice to the powers of the Police, Community Officers, the Comptroller of Customs or of any other authority under the Criminal Code, the Customs Ordinance or any other law.
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(3)Officers appointed under this article shall, notwithstanding any other law, have the right to assist the police in the conduct of prosecution for offences under this Act and to plead the case on behalf of the prosecution.
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(4)The Authority may request the assistance of the Police Force, of the Armed Forces of Malta, of Transport Malta and any other competent government entity, and in acceding to such requests, each of these shall for such purpose exercise such powers as are vested in them at law.
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Compliance procedure.
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Amended by:
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XXX.2023.7.
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76.(1) If it appears to the Authority that an activity is being carried out without the grant of an authorisation required under this Act or that any conditions subject to which such authorisation was granted in respect of any such activity are not being complied with or such activity is in contravention to this Act or regulations made ENVIRONMENT PROTECTION under this Act, or if an activity is causing environmental damage or is contrary to subsidiary environmental legislation, the Authority may issue stop orders to any such person carrying out such an activity, or on the owner of the land or on the occupier of the land, or on all, as the Authority deems most expedient, requiring the activity to be stopped forthwith:
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Provided that the Authority may issue a partial stop order requiring work or activity to be stopped forthwith only in relation to that part of the activity to which the order applies and not in relation to the whole activity:
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Provided further that an official may verbally order activities to stop, and such verbal stoppage orders are to be considered as legally valid and effective for the successive three days following the issuing of the verbal stoppage order. Such stoppage orders would cease to be valid if the Authority does not either deliver a copy of a signed stop order at an address (postal or digital) that would have to be given to the compliance officer by the person responsible for the activity or affix the stop order at the site of the activities, by the end of the third day following the issuing of the verbal stoppage order:
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Provided further that if it eventually transpires that the activity should not have been stopped, the Authority or any of its officers shall not be liable for any damages incurred, unless such stoppage was prima facie and manifestly unjustified:
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Provided also that the Authority is not to await the passage of three days prior to informing the owner or occupier or person responsible, if the stoppage order can be lifted and the activity can continue.
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(2)A copy of the order or notice mentioned in sub-article (1) which includes an activity relating to a site, may also be served on any representative on the site and the Authority may also affix such notice in a prominent position at a point of entry onto the site.
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(3)If it appears to the Authority that any activity has been carried out after coming into force of this Act without the grant of authorisation required in that behalf under this Act, or that any conditions subject to which such authorisation was granted in respect of any activity have not been complied with, the Authority may, having regard to the provisions of legislation and any other material consideration, serve on the owner of the land or on the occupier of the land or on who was responsible for the unauthorised acti vit y or on al l a s th e A uthority d eems most expedie nt a compliance order, requiring such steps as may be specified in the compliance order to be taken within such time as may also be specified for remedial action to restore the situation and, or the land to its condition before the activity took place or for removing the resultant consequences of the activity or for securing compliance with the conditions aforesaid, as the case may be; and in particular, but without prejudice to the generality of the aforesaid any such notice may, for the purpose aforesaid, require the removal of objects and substances, the demolition or alteration of any works or buildings, the discontinuance of any operations or uses, and ENVIRONMENT PROTECTION remedial action to counteract the effects of the unauthorised activities:
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Provided that where the Authority believes that there is an imminent danger to the environment, an emergency order, which is effective immediately, may be served on the above indicated persons:
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Provided further that an appeal from an emergency order or the submission of an application for an authorisation on the land to which the emergency order relates shall not stay the effect of the emergency order or the Authority from executing it.
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(4)The Authority shall register all stop and all compliance orders in an index held for that purpose which identifies the site subject to that order. The said index shall be held in an electronic form in such a way that researches to determine whether a site is subject to an order may be carried out.
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(5)Any order made under this article shall contain a detailed description of the infringements and where deemed appropriate, a site plan indicating the land which is the subject of such an order shall be annexed thereto.
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(6)An order given under any of the foregoing provisions of this article shall: (a) in respect of any requirement stopping or prohibiting further activity or requiring the cessation of a use, take effect immediately upon service of the notice in terms of sub-article (1) notwithstanding that an application for an authorisation for the activity referred to in the order has been submitted or an appeal has been lodged against the order; and (b) in respect of any other requirement, shall take effect at the expiration of such period (being not less than fifteen days and not more than thirty days after service thereof) as may be specified therein.
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(7)Any application to regularise an activity may be dismissed forthwith if officers establish that a requirement in the order stopping or prohibiting further activity or requiring the cessation of a use, has not, both prior or during the pendency of the application, been complied with or in all cases where any penalty or other payment for which any person has become liable under this Act in respect of the relevant activity has not been paid.
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(8)The Authority may exercise its powers under article 77(1) notwithstanding that a second or subsequent application intended to regularise the illegal activity may have been filed with the Authority concerning the same or part of the same activity, irrespective of whether the said application is filed by the same applicant or by another applicant.
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(9)Any person who feels aggrieved by any order served on him may, within fifteen days from the service of the order, appeal before the Tribunal and on any such appeal the Tribunal: (a) if satisfied that an authorisation was granted under this ENVIRONMENT PROTECTION Act, or under any other law which preceded this Act regulating the activity in question, for the activity to which the order relates, or that no such authorisation was required in respect thereof, as the case may be, and that the conditions subject to which such authorisation was granted have been complied with, shall quash the order to which the appeal relates or such part thereof in respect of which the Tribunal is satisfied as aforesaid; (b) in any other case, shall dismiss the appeal.
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(10)The appellant shall submit to the Tribunal together with his appeal under sub-article (9) a copy of all relevant authorisations, other permits or other relevant information in terms of which an authorisation has been granted to carry out the activity mentioned in the order served on him which is the subject of the appeal p r o c e e d i n g s ; a n d i f t h e Tr i b u n a l i s s a t i s f i e d t h a t n o s u c h auth orisati on exist s, in terms of wh ich and in terms of th e conditions of which the activity could have been carried out, or that any authorisation had expired, the Tribunal shall forthwith dismiss the appeal.
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(11)If before an appeal under sub-article (9) is lodged or during the pendency of such appeal, the appellant submits to the Authority an application for an authorisation regarding the activity mentioned in the order, the Tribunal shall dismiss the appeal if it is satisfied that the said application is intended to regularise the activity mentioned in the order.
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(12)Where an appeal under sub-article (9) is dismissed, the Tribunal may direct that, in respect of any requirement, other than a requirement stopping or prohibiting any further activity or requiring the cessation of a use, the order shall not come into force until such date, being a date not earlier than fifteen days after the determination of the appeal, as the Tribunal thinks fit.
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(13)The Tribunal may correct any defect or error in the compliance order provided that the appellant shall be given sufficient time to prepare and put forward his case.
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(14)Where the illegal activity is being carried out at sea the provisions of this article shall apply in such manner that any reference therein to the owner of the land or the occupier of the land shall be deemed to be a reference to the person carrying out the activity, and any reference to land shall be deemed to be a reference to the area at sea where the activity occurs.
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77.(1) If any steps or other action, including any discontinuance, stoppage, removal or remediation or similar requirement, required to be taken by a stop order or a compliance order or other provisions of this Act or regulations made thereunder have not been taken within the time specified therein, the Authority will have the power to take enforcement action so as to enforce the relevant stop order or compliance order or other provision of this Act or regulations made thereunder and for this purpose enter on the land, or the area at sea and take such steps or other action as aforesaid, including the disabling or removal of any equipment, Powers of enforcement.
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ENVIRONMENT PROTECTION machinery, tools, belongings, vehicles or other objects that may be on site and the carrying out of any works necessary to comply with w h a t i s r e q u e s t e d i n t h e c o m p l i a n c e o r d e r, o r t h e s e a l i n g , confiscation or impoundment of items whose possession is illegal according to provisions of this Act or regulations made thereunder, and may for such purpose request the assistance of the Police Force, the Armed Forces of Malta, the Department of Customs, any local council, any department of Government or any entity of Government.
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(2)The Authority shall not be liable for any damages as a result of the exercise of its powers under this article unless it is proved that such damage resulted from gross negligence on the part of the Authority, its officers and agents.
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(3)At its discretion, the Authority may not return to their owners any objects whatsoever which are the cause of the activity subject to the compliance order, and which are confiscated, impounded, seized or in any way removed by the Authority. The Authority may also dispose of such objects, where applicable at the contravenor’s expense, in line with regulations that the Minister may make.
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(4)Where the enforcement by the Authority of the stop order or the compliance order involves by necessity the passage also over third party property, and, or the removal of a development or the cessation or disruption of an activity that is not itself illegal, or any other impact on the said activity, the Authority may, under exceptional circumstances, proceed to pass over such property and, or to remove such development or to force the cessation of or to disrupt or to otherwise impact also such other activity.
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(5)Notwithstanding the provisions of any other law and saving the provisions of article 46 of the Constitution and article 4 of the European Convention Act, no precautionary act or other restraining act may be issued against the Authority hindering it from the proper exercise of the powers conferred to it by this article.
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(6)The Authority may issue orders for action to remedy environmental damage without the need to apply for authorisation from the Authority.
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(7)Subject to the provisions of sub-article (3), any items legitimately confiscated, impounded, seized or in any way removed during the exercise of the powers contained in this article, may only be released by the Authority following the payment of any dues from these debts resulting from the said action, and only when such payment happens within five calendar months from the date when the responsible parties were notified by the Authority of these dues, or according to payment terms as agreed by the Authority within ninety days from this date of notification of dues.
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(8)If the payment of debts to the Authority resulting from actions as set out in this article does not take place within the time fram e stipulated in sub-article (7), an y objects whatsoever confiscated, impounded, seized or in any way removed during the said action will become the property of the Authority and may be disposed of, where applicable at the contravenor ’s expense, ENVIRONMENT PROTECTION according to regulations that the Minister may make to this effect.
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78.Subject to the provisions of regulations made under this Act, and without prejudice to the Authority’s powers set out in article 77, when an operation or a site is subject to a stop order or to a compliance order, and the provisions of the said stop order or compliance order are not abided with, the operation or site may be subject to a daily fine that starts accruing from the date of the first notification of the stop order or compliance order to any of the parties to whom the order is served according to the provisions of article 76. Any person subject to a stop order who fails to comply with the said order, or when a compliance order has not been appealed or where a compliance order has been appealed but has been confirmed, as the case may be, and the person concerned subject to a compliance order fails to comply with the said order within the period therein prescribed, such person shall be liable to a maximum penalty of not more than one hundred and fifty euro (€150) for every day the default continues after the expiration of the said period as the Authority may prescribe under the said regulations; and the Authority may recover such penalty from the said person as a civil debt owing to it.
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Imposition of daily fines.
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79.(1) All expenses reasonably incurred by the Authority in the exercise of its powers or any other amount due to the Authority under this Act or regulations made thereunder, shall be recoverable as a civil debt by the Authority from the person against whom the order has been issued, or from any person responsible in any manner for the acts mentioned in the order, including an order for payment, or from an applicant, subject to such right of recovery that such person may have against any other person.
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Recovery of amounts due to the Authority.
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Amended by:
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XXX.2023.8.
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(2)Where the Authority desires to sue for the recovery of a debt due to the Authority under any law or regulation which it is entitled to enforce, the Chairperson or an officer of the Authority duly authorised by the Authority to act on its behalf may make a declaration on oath before the Court Registrar or before any other officer authorised to administer the oath in judicial matters, wherein he states the nature of the debt and the name of the debtor and confirm that it is due.
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(3)The declaration referred to in sub-article (2) shall be served upon the debtor by means of a judicial act and it shall have the same effect as a final judgement of the competent court unless the debtor shall, within a period of twenty days from service upon him of the said declaration, oppose the claim by filing an application demanding that the court declare the claim unfounded.
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(4)The application filed in terms of sub-article (3) shall be served upon the Authority, which shall be entitled to file a reply within a period of twenty days. The court shall appoint the application for hearing on a date after the lapse of that period.
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(5)Any debts due to the Authority shall be prescribed by the lapse of the period of five years from the date on which the debt was due.
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80.(1) The Authority may impose an administrative fine upon Special procedure.
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ENVIRONMENT PROTECTION any person: (a) who infringes any provision of this Act, regulations prescribed thereunder or of any other law with which the Authority is entitled to secure compliance and to enforce; or (b) who fails to comply with any directive or decision given by the Authority whether under this Act, regulations prescribed thereunder or under any other law with which the Authority is entitled to secure compliance and to enforce; or (c) who fails to abide by any stop order or compliance order and the provisions therein; or (d) who fails to comply with any condition of any authorisation granted under this Act, including with failure to provide data or information required in authorisation conditions in a timely and/or appropriate manner:
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Provided that if the infringement is committed by a body corporate and is proved to have been committed with the consent, or involvement of, or to be attributable to, any gross negligence on the part of a person being a director, manager, secretary or other officer, however so described, of such body corporate or a person who was purporting to act in any such capacity then such person and such body corporate shall be responsible for the said infringement and shall be jointly and severally liable for the payment of any administrative penalty imposed by the Authority as a consequence thereof.
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(2)An administrative fine imposed under sub-article (1) shall not exceed one hundred thousand euro (€100,000) for each contravention or one thousand five hundred euro (€1,500) for each day of non-compliance, from the date of the notice of the imposition of the administrative fine given by the Authority.
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Proceedings when imposing administrative fines.
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81.(1) The Authority, before imposing an administrative penalty upon any person who infringes or fails to comply with (a) any provision of this Act; (b) regulations made thereunder; (c) any other law with which the Authority is entitled to secure compliance and to enforce; (d) any directive or decision given by the Authority whether under this Act, regulations made thereunder or under any other law with which the Authority is entitled to secure compliance and to enforce; (e) any provisions or time-frames included in any stop order or compliance order; or (f) any condition, limitation or approved specification of any authorisation granted under this Act, shall by notice to the person concerned (i) give notice of the administrative penalty that ENVIRONMENT PROTECTION may be imposed by the Authority; (ii) give notice of the specific reason why such penalty may be imposed; (iii) give notice of the amount of the penalty; and (iv) demand that the person concerned rectify the acts or omissions committed by such person and, or make submissions to the Authority within a specified time:
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Provided that such time may not be more than twenty days or less than five days from the date of service of the notice:
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Provided further that the person against whom an administrative penalty may be imposed, shall be given a reasonable opportunity during such period of time as may be stipulated in the notice to make submissions to the Authority and to propose any remedies that rectify the acts or om issions r equ ired by t he Authority to be so rectified.
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(2)In the notice mentioned in sub-article (1), the Authority may impose such conditions as it may consider reasonable in the circumstances.
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(3)If the person concerned remedies the infringement to the Authority’s satisfaction within the period established by the Authority in accordance with sub-article (1), and agrees in writing to abide with any conditions that the Authority may impose and pays any accrued daily fines to which the said infringement was subjected in terms of article 78, the Authority shall desist from proceeding any further:
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Provided that if the person concerned, after having been bound in writing as stated above, fails to remedy the infringement to the Authority’s satisfaction within the period established by the Authority in accordance with sub-article (1) or fails to abide with any terms or conditions agreed to in writing, the Authority shall impose against such person an administrative penalty for such failure, in addition to the administrative penalty which may be imposed for the infringement itself.
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(4)If, after the lapse of the period mentioned in sub-article (1), the Authority considers that the person concerned has not given any valid reasons to demonstrate why no administrative penalty should be imposed against such person, the Authority shall proceed to impose such administrative penalty.
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(5)Notwithstanding any other provision of this article, where the Authority has prima facie evidence that the infringement represents an immediate and serious threat to the environment, or to public safety or public security or public health, the Authority may shorten the periods mentioned in sub-article (1):
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Provided that the person against whom such administrative penalty is imposed shall be given a reasonable opportunity to state any views and propose any possible remedies:
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Provided further that if the person against whom the notice h a s b e e n i s s u e d f i l e s a n a p p e a l b e f o r e t h e Tr i b u n a l a n d , ENVIRONMENT PROTECTION concurrently with or before, the filing of the appeal requests the Tribunal to suspend the effects of the notice, then the Authority shall desist from issuing a judicial act as referred to in this subarticle until the request of suspension has been determined, withdrawn or otherwise dealt with:
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Provided further that the Tribunal shall determine any requests for suspension referred to in this sub-article expeditiously.
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Before determining any such request the Tribunal shall give the Authority a reasonable opportunity to reply and make its submissions, within a period not less than three working days.
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(6)The notice referred to in sub-article (1), upon the expiry of the time limit for appeal therefrom, and upon the service of a copy thereof by means of a judicial act on the person liable to the payment of the administrative penalty, shall constitute an executive title for all effects and the purposes of article 253(a) of the Code of Organization and Civil Procedure.
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(7)The Authority shall give its reasons for any decision taken under this article.
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(8)Notwithstanding the provisions of any other law, no precautionary warrant or order shall be issued by any court restraining the Authority from the exercise of any of the powers conferred upon it under this Act in relation to administrative penalties.
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(9)In all cases where the Authority imposes an administrative penalty and any action in respect of anything done or omitted to be done by any person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against the said person in respect of such criminal offence if such person settles the penalty and any imposed action:
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Provided that payment of the administrative penalty and the carrying out of any imposed action shall not extinguish any civil liability to make good any damages to any person or authority or to the environment in terms of environmental liability.
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(10)An administrative penalty imposed by the Authority upon any person shall be considered a civil debt owing to the Authority.
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(11)Measures whereby the liquidated value of damage to the environment, or of any infringement falling within the scope of this Act, can be settled, debited or offset, inter alia against payments due for public services, public goods or public projects.
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On-the-spot fines.
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82.Officers of the Authority appointed for such purpose may impose on-the-spot fines, not exceeding a maximum amount of one thousand euro (€1,000), for offences and to amounts as shall be prescribed in regulations issued by the Minister.
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Out of court settlement.
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83.Notwithstanding any other law providing for the trial and punishment of offences, where the Authority believes that a person has committed an offence against this Act, the Authority may enter into an agreement in writing with such person describing the offence of which the person is accused, indicating the steps to be taken to remedy the offence and a penalty which is agreed to be ENVIRONMENT PROTECTION paid in respect of that offence as shall be prescribed in regulations made by the Minister.
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PART VIII
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Offences 84. (1) Any person who (a) carries out any activity without an authorisation as in force at the time of such activity, or, if the activity is carried out with an authorisation, fails to comply or to cause compliance with any condition, restriction or other limitation to which the authorisation is subject; or (b) acts in contravention of any of the provisions of article 69 in respect of any protected area, or an emergency conservation order; or (c) having been served with a stop or compliance order or other order under article 76 fails to comply with any of the requirements of such notice within the time therein specified; or (d) attempts to hinder, obstruct, threaten, molest or interfere with, any officer of the Authority, or relatives thereof, or any police officer, or any public officer, or any officer of any department of Government or of any entity of Government or of any local council, in the execution of his duties under the law or fails to comply with any reasonable requirement demanded of him by any such person as aforesaid or otherwise to assist him in the carrying out of the said duties, or knowingly furnishes such person with false information or neglects or refuses to give any information required for the purpose aforesaid; or (e) makes a declaration for any of the purposes of this Act which is false, misleading or incorrect in any material respect, shall be guilty of an offence against this Act and shall be liable, on conviction, to a fine (multa) of not less than one thousand five hundred euro (€1,500) and not exceeding two million five hundred thousand euro (€2,500,000), and in respect of an offence under paragraph (d) or, in the case of an offence under paragraph (c) if the offender persists in the offence for more than three months, also to imprisonment for a term of not less than three months and not exceeding three years:
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Provided that, and without prejudice to the provisions of article 69(6) and article 78 and without prejudice to the maximum fine above established, the minimum fine (multa) to which an offender is liable under this article shall not be less than the value of any work carried out without an authorisation or in violation of any conditions to which such authorisation was subject.
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(2)The Court, besides awarding the punishment referred to in sub-article (1), may confiscate the corpus delicti where applicable Offences.
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Amended by:
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XVII.2024.8.
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ENVIRONMENT PROTECTION and shall order the offender to remove the causes of the offence and to undo anything which was done without an authorisation or to comply with the conditions imposed in the authorisation, as the case may be, within a time sufficient for the purpose, but in any case not exceeding three months from the date of the judgment, to be fixed by the court; and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (multa) of not less than fifty euro (€50) and not more than one hundred and thirty euro (€130), as the court may fix, for every day the default continues after the expiration of the said time and the Court may also order the modification, suspension or revocation of any authorisation.
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(3)Proceedings against any person for any offence as is mentioned in sub-article (1) shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, as courts of criminal judicature in accordance with the provisions of the Criminal Code:
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Provided that, notwithstanding the provisions of article 376(1)(b) of the Criminal Code, the Court shall, at the request of the prosecution or of the accused, take down evidence given by the witnesses in the manner provided for either in article 390(6) of the said Code or in any law for the time being in force.
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(4)Article 21 of the Criminal Code and the provisions of the Probation Act shall not apply to any offences referred to in this article.
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(5)Neither the filing of an application intended to regularise any activity to which a prosecution refers, nor the filing of an appeal against a refusal or partial approval of such an application shall be a bar to the continuation of such a prosecution and the court shall continue to hear such a case and shall give judgment and shall issue an order in terms of sub-article (2) as if such an application or such an appeal had never been filed:
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Provided that where such an activity has been regularised no fine under sub-article (2) shall be due in respect of the time after the activity has been regularised and all fines paid to the Authority.
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(6)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 judgment given in proceedings arising o ut of th is A ct or of an y regu lati ons, rul es or o rd ers m ade thereunder.
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(7)Any action taken under the provisions of this article shall be without prejudice to any action that may be taken against any person under regulations made in accordance with the provisions of article 69(6).
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Certified copies of documents.
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85.In any proceeding or prosecution under this Act, a copy of any order, notice, decision or other document purporting to have been made under this Act and purporting to have been signed by the Chairperson of the Authority or any Director, shall be accepted as evidence of the order, notice, decision or other document, and of the facts appearing therein, without further proof.
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ENVIRONMENT PROTECTION
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PART IX
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Miscellaneous 86. (1) Where any notice, order, other instrument or document whatsoever is required or authorised to be served or given by or under this Act, it may be served or given in any of the following manners: (a) by delivering it to the person on whom it is to be served or to whom it is to be given; or (b) by leaving it at the usual or last known place of abode of that person or, if such person has furnished an address for service, at that address; or (c) by sending it in a registered letter addressed to that person at the place of abode or the address for service aforesaid; or (d) in the case of a body corporate or other body of persons, by delivering it to an officer or servant thereof at the registered or principal office, or sending it in a registered letter addressed to the body aforesaid at that office; or (e) in any case in which it is not reasonably possible to effect service in any of the foregoing manners whether on all or on any one or more of the persons on whom service is to be made or notice is to be given, by affixing the document to be served or given in a conspicuous place on the land to which it relates and keeping it so affixed for a period of not less than seven days; or (f) in any case in which it is not reasonably possible to effect service in any of the manners prescribed in (a) to (e) whether on all or on any one or more of the persons on whom service is to be made or notice is to be given, by publication in a local newspaper; or (g) where the order, notice, or other document to be served or given is affixed on the land but is removed before the expiry period of seven days, the reaffixing of the order, notice or other document shall only be for the remaining period after the document was removed.
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(2)Where the notice or other document is required or authorised to be served or given to any person as having an interest in land, and the name of that person cannot be ascertained after reasonable inquiry, or is required or authorised to be served on an occupier of land, the notice shall be deemed to be duly served or given if it is served or given in any of the manners indicated in subarticle (1) and addressed to the person having an interest in the land by the description of \"owner\" or \"occupier\", or \"owners\" or \"occupiers\", as the case may require.
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(3)A person who at any time after an order, notice or other document is affixed pursuant to this article, removes, damages or defaces the said affixed order, notice or other document during its term of validity without lawful authority shall be guilty of an Service of notices, etc., under this Act.
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ENVIRONMENT PROTECTION offence and shall be subject to a fine according to the provisions of article 82.
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Saving.
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Transitory provisions.
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Added by:
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XVII.2024.9.
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Act No. XVII of 2024.
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87.(1) The Minister may with effect from such date as may be established by notice in the Gazette repeal the Environment and D e v e l o p m e n t P l a n n i n g A c t a n d d i ff e r e n t d a t e s , r u l e s a n d procedures may be so established for the revocation and, or applicability of different provisions thereof.
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(2)The Minister may by regulations made under this Act, provide that for the words \"Director\" and \"Director Environment Protection\", wherever they may occur in regulations made under the Environment and Development Planning Act, there shall be substituted the word \"Authority\" and any definition of \"Director\" and \"Director Environment Protection\" in regulations made under the same Acts shall be deleted.
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(3)Any order, rule, regulation, bye-law, notice, plan or policy or other instrument having the force of law made under the authority or kept in force under any of the provisions of the Environment and Development Planning Act shall continue in force and shall continue to have effect as if made under this Act and may be amended, substituted or revoked accordingly.
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(4)Any licence, permission, authority, order, notice or certificate, or any prosecution or charges granted or made under or kept in force under any of the provisions of the Environment and Development Planning Act and still in force immediately before the date of coming into force of this Act, shall as from such date continue in force as if it were a licence, permission, authority, order, notice or certificate, or prosecution or charges granted or made under a corresponding provision of this Act, and any such licence, permission, authority, order, notice or certificate, or prosecution or charges as aforesaid shall be treated and dealt with accordingly:
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Provided that in the case of any such licence, permission, authority, order, notice or certificate issued as operative for a specific period, such licence, permission, authority, order, notice or certificate shall remain operative for such a period from the date such licence, permission, authority, order, notice or certificate was issued.
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(5)The Environment Fund established under the provisions of article 32, shall perform and succeed all the functions, assets, ri ghts, liabi lities and obligations of the Environm ent Fund established under the provisions of the Environment and Development Planning Act.
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(6)The Minister may by regulations made under this Act provide that the Authority shall be considered as the competent Authority for any matters listed in this article.
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88.
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With effect from the coming into force of the Environment Protection (Amendment) Act, 2024: (a) any pending legal proceedings with regard to the legislation listed in sub-paragraphs (i), (ii), (iii) or (v) of ENVIRONMENT PROTECTION paragraph (b), to which the Malta Resources Authority is, or is entitled to be a party shall, as from the date of the coming into force of this article, be continued by, or against the Environment and Resources Authority; (b) the following subsidiary legislation made under the provisions of the Malta Resources Authority Act shall, until other provision is made under, or by virtue of this Act, remain in force and have effect as if they were made under this Act and shall be renumbered accordingly: (i) Notification of Groundwater Sources Regulations;
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S.L. 423.12. (ii) Borehole Drilling and Excavation Works within the Saturated Zone Regulations;
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S.L. 423.32. (iii) Groundwater Regulations; (Metering) S.L. 423.40. (iv) Assessment and Management of Flood Risks Regulations; and S.L. 423.41. (v) Users of (Application) Regulations;
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S.L. 423.45.
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Abstraction Groundwater Sources (c) The validity of any regulation, order, decision, authorisation, document, procedure or other instrument or measure made prior to the coming into force of the Environment Protection (Amendment) Act, 2024 shall not be affected by this Act, and such regulation, order, decision, authorisation, document, procedure or other instrument or measure shall continue to be valid after the coming into force of this Act.
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Act No. XVII of 2024.
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ENVIRONMENT PROTECTION FIRST SCHEDULE Renumbered by:
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XXX.2023.9. [Article 58(2)] The activities and operations referred to in article 58(1) include, amongst others, the following: (a) in relation to biodiversity and other natural features: (i) for whatever purpose, trade in, sell, buy, exchange, transfer or dispose, extract or abstract, transport, import, export or re-export such specimens of flora, fauna or other natural features, as may be prescribed whether dead or alive in whole or in part, including any derivatives thereof; (ii) have such specimens as may be prescribed in transit; (iii) have in his possession such specimens as may be prescribed; (iv) handle such specimens as may be prescribed, in any manner including the ringing and tagging thereof; (v) mount, stuff, trap, shoot or capture such specimens as may be prescribed; (vi) deliberately pick, collect, cut, destroy, kill, pursue, take, damage, capture such specimens as may be prescribed; (vii) uproot, fell, prune or carry out any surgical or other interventions on such specimens as may be prescribed; (viii) use prohibited means of capture and killing as may be prescribed; (ix) manage invasive and alien species as may be prescribed; (x) introduce or reintroduce species as may be prescribed; (xi) carry out activities in protected areas considered to have an effect on the diversity and the integrity of the site or its environmental characteristics; (xii) carry out any activity which goes counter to the principles of ecological, geological, geomorphological, hydrology and landscape restoration or of good-practice conservation and management of biodiversity, natural features, landscapes and protected areas, as may be prescribed, including but not limited to:
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1.activities which are expected to cause permanent or prolonged or otherwise significant alterations;
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2.afforestation, planting, deforestation and removal of natural vegetation;
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3.activities expected to generate, intensify or modify ambient noise, vibrations, light pollution, currents or other disturbances to the environment;
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4.activities involving fires, fireworks, spillage hazards or other potentially hazardous factors;
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5.activities considered to have an effect on biological diversity, on the physical aspect of the site, or on the integrity of the site and the landscape;
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6.off-roading activities or events;
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ENVIRONMENT PROTECTION 7. cleaning or dredging of valleys; (xiii) modify, endanger the stability of or demolish any natural physical features, or any rural structures affording a habitat for flora and fauna or otherwise contributing to the integrity of the landscape or the physical environment, as may be prescribed; (xiv) manage biological diversity as may be prescribed; (xv) for the access to genetic resources and their benefit-sharing; (b) in relation to waste management: (i) store, treat, collect, transfer, recover or otherwise manage or handle such waste as may be prescribed; (ii) act as broker for the carrying out of the functions mentioned in sub-paragraph (i); (iii) trade in, import or export waste; (iv) have such waste as may be prescribed in transit; (v) operate waste management facilities; (c) in relation to pollution control, conduct operations that discharge or cause or permit to be discharged such substance as may be prescribed into the environment; (d) in relation to the contained use of genetically modified organisms: (i) deliberate release into the environment of genetically modified organisms; (ii) trade in genetically modified organisms; (iii) manage or otherwise have in his possession genetically modified organisms; (e) any other activity as may be prescribed by regulations.
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Added by:
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XXX.2023.10.
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ENVIRONMENT PROTECTION SECOND SCHEDULE (articles 6 and 10A) Provisions with respect to the Board of the Authority and the Commission 1.
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The provisions of this Schedule regulate the procedures to be followed by the Board of the Authority and by the Commission. Unless the context otherwise requires, for the purposes of this Schedule, wherever the words \"Board of the Authority\" are used, they are to be construed as to include the Commission.
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2.
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The meetings of the Board of the Authority shall be called by the Chairperson, and the said Board of the Authority shall meet at such times as the Board may decide.
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3.
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The Board of the Authority may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the meeting.
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4.
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The quorum of the Board of the Authority shall consist of half the number of the members constituting the Board of the Authority, at the time of the meeting, including the Chairperson or the deputy Chairperson.
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5.
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The Chairperson or the deputy Chairperson acting in his place, shall have an original vote, and where the votes are equally divided, he shall have a second or casting vote. All the members of the Board of the Authority present at its meetings shall cast their vote in favour or against any motion put to the vote. Decisions shall be adopted by a simple majority of the votes of the members present.
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6.
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Without prejudice to the provisions of article 13, a member of the Board of the Authority who has a direct or indirect interest in any matter coming before the Board of the Authority for its consideration shall, not later than the first meeting held after the relevant circumstances have come to his knowledge, disclose the nature of his interest.
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The said disclosure shall be recorded in the minutes of the meeting and the member: (a) shall not take part in any discussions or decisions of the Board of the Authority with respect to that matter; and (b) shall be disregarded for the purpose of constituting a quorum for any such discussions or decisions.
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7.
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All acts done by any person in good faith as a member of the Board of the Authority shall be valid and effective as if he were a member even if some defect in his qualification for appointment is subsequently discovered.
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8.
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Subject to the provisions of this Act, including this Schedule, the Board of the Authority may regulate its own procedures.
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9.
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The meetings of the Board of the Authority shall be open to the public in the following cases:
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ENVIRONMENT PROTECTION (a) determination of environmental permit applications as the Minister may prescribe by regulations ; (b) reconsideration of environmental permits in accordance with article (c) revocation or modification in accordance with article 65; (d) reconsiderations in accordance with article 69(6); (e) any other decision as the Minister may prescribe.
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62;
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The Board of the Authority shall allow the applicant and his representative, or any one of them, and registered interested parties who made representations in accordance with the provision of article 59(3), to make submissions on any matter under consideration. The Chairperson, at his absolute discretion, may also allow any other member of the public to make submissions, subject to the power of the Chairperson to exclude any member of the public if he deems it necessary to do so for the maintenance of order and to limit the participation of the applicant and his representative, or of the registered interested parties who made representations in accordance with the provision of article 59(3), or the public, as he may deem appropriate:
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Provided that the Chairperson may, where he deems appropriate, convene and conduct the meeting of the Board of the Authority through such electronic or other viable means of communication as he deems appropriate, in which case, the applicant and his representative, or any of them, and a registered interested party who made representations in accordance with the provision of article 59(3), and any member of the public who, in the absolute discretion of the Chairperson, is allowed to make submissions, shall be allowed to make submissions through such electronic or other viable means of communication. The Chairperson may take all such measures, deemed appropriate in his discretion, to ensure the proper conduct of the meeting by electronic or other viable means. The Chairperson may also consider holding hybrid meetings whereby Board of the Authority members can attend either physically or by electronic means:
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Provided further that in order to allow a member of the public to participate in the meeting held through electronic or other viable means of communication as aforesaid, the Chairperson may, through a notice posted on the Authority’s website, require that anyone interested in participating in the said meeting, to register such interest, in the manner therein indicated, at least one (1) working day before the date of the meeting, in order to enable the Chairperson to take any measure he deems appropriate to allow the participation of the members of the public. Nothing in this paragraph shall be interpreted as voiding or annulling the procedure or parts thereof, including any decision taken by the Board of the Authority, should any member of the public fail to participate in the proceedings, wherever allowed to do so, due to the failure of the electronic or other viable means used to conduct the meeting or his inability to do so:
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Provided further that a member of the public’s attendance or participation during a meeting of the Board of the Authority shall not be sufficient reason to provide juridical interest to any person to file an appeal from a decision:
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ENVIRONMENT PROTECTION Provided further that in case the Board of the Authority conducts its meeting through electronic or other viable means of communication, any reference in this Schedule to a quorum or any reference made to the presence of or voting by the members of the Board of the Authority at the meeting shall be construed accordingly:
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Provided further that meetings of the Board of the Authority held through electronic or other viable means of communication in accordance with this paragraph shall have the same effect at law as if the said meetings were held physically.
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10.
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Minutes of meetings held in public shall be made available to the public on the Authority’s website.
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11.
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Meetings of the Board of the Authority where the Directorates are providing information to the Board of the Authority do not need to be held in public but votes may not be taken.