📄 Legal text
[ CAP. 643.
CLIMATE ACTION
CHAPTER 643
CLIMATE ACTION ACT
AN ACT to establish a legal framework for climate action and
to provide for the establishment of a body corporate to be known as
the Climate Action Authority and to provide for any matter which is
related or ancillary thereto.
4th October, 2024
ACT XVI of 2024.
PART I
PRELIMINARY
1.
(1)
The short title of this Act is the Climate Action Act.
Short title and
scope.
(2)
The scope of this Act is to establish a framework for
climate action and to provide for the establishment of a body
corporate that shall be known as the Climate Action Authority that
shall be the national competent authority responsible for the exercise
of climate action, to co-ordinate and oversee mitigation and adaptation
policy and measures and any matters ancillary thereto or connected
therewith and to provide for the reporting of such climate action, as
required.
2.
In this Act, unless the context otherwise requires:
"adaptation" means human-driven adjustments in
ecological, social or economic systems or policy processes, in
response to actual or expected climate stimuli and their effects
or impacts;
"Authority" means the Climate Action Authority
established by article 9 and includes any body or other person
acting on its behalf in terms of powers delegated by the Board
under this Act;
"Board" means the Board of the Authority appointed in
accordance with article 9;
"Chairperson" means the Chairperson of the Climate
Action Authority and includes, in the circumstances mentioned
in article 3(3), the Deputy Chairperson or other person
appointed to act as Chairperson;
"climate" includes water scarcity, droughts and energy;
"climate change" means a change of climate which is
attributed directly or indirectly to human activity that alters the
composition of the global atmosphere and which is in addition
to natural climate variability observed over comparable time
Interpretation.
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periods;
"climate system" means the totality of the atmosphere,
hydrosphere, biosphere and geosphere and their interactions;
"Chief Executive Officer" means the Chief Executive
Officer appointed in accordance with article 12(2);
"emissions" means the release of greenhouse gases and,
or their precursors into the atmosphere over a specified area and
period of time;
"financial year" means a period of twelve (12) months
that starts to run from 1st January and ends on the 31st
December of a particular year:
Provided that the first financial year of the
Authority shall begin on the coming into force of this Act and
shall end on the 31st December of the following year;
"greenhouse gases" means those gaseous constituents of
the atmosphere, both natural and anthropogenic, that absorb and
re-emit infrared radiation, and shall include inter alia, the gases
listed in the First Schedule;
"Member State" means a Member State of the European
Union;
"Minister" means the Minister responsible for climate
action policy;
"mitigation" means human interventions to reduce the
emissions of greenhouse gases by sources or enhance their
removal from the atmosphere by sinks;
"National Climate Action Council (NCAC)" or
"Council" mean the Council appointed in terms of article 25;
"National Energy and Climate Plan" means a 10-year
national energy and climate plan (NECP) which outlines how the
EU countries intend to meet the EU energy and climate targets
for 2030;
"national adaptation strategy" means a strategy that
seeks to address recommendations in various sectors which are
vulnerable to climate change and is a plan which sets
overarching direction for all work to increase resilience to the
impacts of climate change.
"national long-term strategy" means the strategy to
achieve the greenhouse gas emissions reductions required to
meet Malta’s commitments under the multilateral legal
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instruments to which Malta is a party, EU objectives and
national legal instruments;
"Paris Agreement" means the Paris Agreement which
entered into force on 4th November 2016;
"public officer" in relation to article 15, has the same
meaning assigned to it by article 124 of the Constitution but
shall not include a Judge or a Magistrate;
"reservoir" means a component of the climate system,
other than the atmosphere, which has the capacity to store,
accumulate or release greenhouse gases or precursors of
greenhouse gases;
"sink" means any process, activity or mechanism which
removes a greenhouse gas, an aerosol or a precursor of a
greenhouse gas or an aerosol from the atmosphere;
"source" means any process or activity which releases
greenhouse gases, aerosols or precursors of greenhouse gases or
aerosols into the atmosphere;
"Standing Committee" means the Standing Committee
on the Environment, Climate Change and Development
Planning established under the Development Planning Act;
Cap. 552.
"Treaty" means the Treaty on the Functioning of the
European Union;
"Tribunal" means the Administrative Review Tribunal
established by article 5 of the Administrative Justice Act;
Cap. 490.
"UNFCCC" means the United Nations Framework
Convention on Climate Change which entered into force on
21st March 1994;
"Union" and "European Union" shall have the same
meaning as the definition "the European Union" in the
European Union Act.
Cap 460.
"undertaking" means any person whether an individual,
a body corporate or unincorporate or any other entity, pursuing
an economic activity, and includes a group of undertakings.
3.
(1)
The State acknowledges that change in Earth’s
climate and its adverse effects are a common concern of human kind.
(2)
This Act provides for action in order to contribute to the
mitigation of climate change by:
(a)
limiting anthropogenic emissions of greenhouse
gases and protecting and enhancing greenhouse gas sinks and
Objectives.
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reservoirs;
(b)
contributing to the prevention, avoidance and
reduction of the adverse impacts of climate change and the
reduction of vulnerability, enhancement of resilience, and
adaptation to the adverse effects of climate change; and
(c)
any appropriate action for the governance of
climate action in relation to sub-paragraphs (a) and (b).
(3)
The Government shall ensure that all necessary actions are
undertaken to achieve climate neutrality by 2050.
Duty of every
person with regard
to climate action.
4.
It shall be the duty of every person together with the
Government to protect the climate and to assist in the taking of
preventive and remedial measures to protect the climate.
Duties and
obligations of
Government.
5.
(1)
It shall be the duty of the Government to protect the
climate for the present and future generations.
(2)
In fulfilling its duties pursuant to sub-article (1), the
Government shall, inter alia:
(a)
develop, periodically update and publish national
inventories of anthropogenic emissions by sources and
removals by sinks of greenhouse gases in order to monitor
progress towards achieving its quantified emission limitation or
reduction commitments pursuant to international treaties and its
obligations as a Member State of the European Union;
(b)
formulate, implement, publish and update
policies regarding measures to mitigate climate change by
limiting and, to the extent possible, reducing anthropogenic
greenhouse gas emissions by sources, by enhancing removals of
greenhouse gases by sinks and setting sectoral targets as
appropriate;
(c)
formulate, implement, publish and update
policies regarding measures to prevent, avoid and reduce
vulnerability while enhancing resilience to the adverse impacts
of climate change. As a result this shall facilitate adaptation to
climate change. This adaptation may also be supported by
sectoral specific targets as appropriate, following the necessary
consultations.
(d)
promote and cooperate in the development,
application and diffusion of technologies, practices and
processes that control, reduce or prevent anthropogenic
emissions of greenhouse gases in all relevant sectors, including
the energy, transport, industry, agriculture, land-use and
forestry and waste management sectors;
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(e)
promote sustainable management of sinks and
reservoirs of greenhouse gases, including all terrestrial, coastal
and marine ecosystems and promote and cooperate in the
conservation and enhancement of sinks and reservoirs of
greenhouse gases, including all terrestrial, coastal and marine
ecosystems;
(f)
promote
and
cooperate
in
scientific,
technological, technical, socio-economic and other research,
systematic observation and development of data archives
related to the climate system;
(g)
promote and cooperate in the exchange of
relevant scientific, technological, technical, socio-economic
and legal information related to the climate system and climate
change, and to the economic and social consequences of
response strategies;
(h)
promote and cooperate in education, training and
public awareness related to climate change; and
(i)
ensure that the Authority shall have the
adequate human and financial resources to fulfil its functions
as assigned to it under this Act.
(3)
The Government shall ensure that policies, programmes and
projects are designed and evaluated in a manner that takes into
consideration mitigation of, and adaptation to climate change, and that
such policies, programmes and projects contribute to the mitigation of,
and adaptation to climate change.
(4)
The Government shall ensure that policies, programmes and
projects are, to the extent possible, designed in a manner that ensures
resilience to the impacts of climate change.
(5)
The Government shall, in fulfilling its duties and obligations
under this article, participate, cooperate and support participation in,
international and intergovernmental activities and programmes related
to climate action, as appropriate. In particular, the Government shall
promote activities that relate to climate action relevant to the
Mediterranean region, and shall as appropriate, participate, cooperate
and support participation in such activities.
6.
(1)
The Government shall, in exercising its duties and
obligations under this Act, be guided by the principles listed in this
article and these principles shall be employed in the interpretation of
the other provisions of this Act and any regulations made thereunder.
(2)
The Government shall, in fulfilling its duties and obligations
under this Act:
(a)
take climate change considerations into account,
Guiding principles
on climate action.
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to the extent possible, in relevant social, economic and
environmental policies and actions;
(b)
take into account its obligations and
commitments pursuant to the applicable multilateral legal
instruments and its obligations as a Member State of the
European Union;
(c)
take into account the geophysical, social and
economic circumstances of Malta;
(d)
ensure that actions taken are, to the extent
possible, the most cost-effective, using the best available
technologies and best practices as appropriate to Malta;
(e)
ensure that it takes into account the best available
scientific, technological, technical and socio-economic
information;
(f)
ensure that all sectors of society and the economy
participate in national climate action, including in relevant
decisions;
(g)
ensure that climate change, environmental and
energy policies and measures are designed, developed,
coordinated and implemented in the best interests of the
environment, the economy and international and European
Union obligations;
(h)
ensure that climate action taken respects the
interests of all sections of society, is non-discriminatory and,
where relevant, promotes gender equality;
(i)
ensure that data in relation to climate action is
collected, processed and interpreted in cognizance of data
related to achieving overall international and European Union
obligations in other areas;
(j)
respect and, to the extent possible, safeguard the
interests of vulnerable sectors of society, including by taking
climate actions that support the eradication of poverty;
(k)
ensure that climate action taken shall promote and
enhance the competitiveness of Malta’s economy;
(l)
ensure, to the extent possible, that no conflict
exists between policies and measures adopted in respect of
climate action and other policies and measures;
(m) ensure that it takes precautionary measures to
anticipate, prevent or minimize the causes of climate change
and to mitigate its adverse effects and that where there are
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threats of serious or irreversible damage, the lack of full
scientific certainty shall not be a reason for postponing such
measures;
(n)
ensure that climate action taken contributes to
sustainable development;
(o)
ensure that, where relevant, any beneficial
impacts of climate change are utilised to the benefit of society,
the economy and the environment, to the extent that such
beneficial impacts may reduce vulnerability and enhance
resilience to other adverse impacts of climate change;
(p)
ensure that, prior to taking any decision, all the
consequences of the outcome of that decision throughout the
whole life cycle of that outcome are taken into consideration;
and
(q)
ensure adequate information is made available to
the public, to facilitate public participation in respect of certain
plans and programmes relating to the climate system and ensure
adequate access to justice.
7.
(1)
The Minister shall, in consultation with any other
Minister competent to take cognizance of the matter, and in
consultation with stakeholders and the general public, prepare a
national long-term strategy and the National Energy and Climate Plan.
National long-term
strategy and
National Energy
and Climate Plan.
(2)
The Minister shall make available to the public the national
long-term strategy, the National Energy and Climate Plan and any
updates thereof.
8.
(1)
The Minister shall, in consultation with any other
Minister competent to take cognizance of the matter, and in
consultation with social partners, civil society, non-governmental
organizations and the general public, prepare a national adaptation
strategy, to contribute to:
(a)
the prevention, avoidance and reduction of the
adverse effects of climate change and to facilitate adaptation to
climate change;
(b)
the transparent monitoring of progress made by
the Government in reducing vulnerability and enhancing
resilience to the adverse impacts of climate change.
(2)
The national adaptation strategy shall also include
information on climate change in so far as it relates to Malta and on
actual and projected impacts of climate change on Malta.
PART II
ESTABLISHMENT, FUNCTIONS AND CONDUCT
National
adaptation
strategy.
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CLIMATE ACTION
OF AFFAIRS OF THE AUTHORITY
Establishment and
composition of the
Climate Action
Authority.
9.
(1)
There shall be an Authority which shall be known as
the Climate Action Authority, that shall be responsible for the regulation
regarding climate related matters and the protection of the climate in
Malta.
(2)
There shall be a Board, to be known as the Climate Action
Authority Board which shall consist of a Chairperson and not less than
four (4) and not more than six (6) other members.
(3)
The members of the Authority shall be appointed by the
Minister for a term of not more than six (6) years. If this period is for
less than the stipulated six (6) years, no member shall in aggregate be a
member of the Authority for an ulterior period.
(4)
The Minister may designate one (1) of the other members of
the Authority as Deputy Chairperson and the member so designated
shall have the powers to perform all the functions of the Chairperson
during his absence or inability to act as Chairperson, or while the
Chairperson is on vacation, or during any vacancy in the office of the
Chairperson. The Minister may also, in any of the circumstances
aforesaid, appoint another person to act as Chairperson and in such
case the foregoing provisions shall apply in respect of such person.
(5)
A person shall not be qualified to hold office as a member of
the Authority if he is:
(a)
a Minister or a Parliamentary Secretary;
(b)
a Member of the House of Representatives;
(c)
a Member of the European Parliament;
(d)
a Judge or Magistrate of the Courts of Justice; or
(e)
has a financial or other interest in any enterprise
or activity which is likely to affect the discharge of his
functions as a member of the Authority.
(6)
At least two (2) of the members of the Authority shall be
persons who have knowledge or experience in matters concerning
climate change and climate related matters.
(7)
Subject to the provisions of this article, the office of a
member of the Authority shall become vacant:
(a)
at the expiration of his term of office; or
(b)
if any circumstances arise that, if he were not a
member of the Authority, shall cause him to be disqualified for
such appointment.
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(8)
A member of the Authority may be removed from office by
the Minister if, in the opinion of the Minister, such member is unfit to
continue in office or has become incapable of properly performing his
duties as a member, including the reasons specified in sub-article (10).
(9)
If a member resigns or if the office of a member of the
Authority is otherwise vacant, or if a member is for any reason unable
to perform the functions of his office, the Minister may appoint a
person who is qualified to be appointed as a temporary member of the
Authority, and any person so appointed shall, subject to the provisions
of sub-articles (6) and (7), cease to be such a member when a person
has been appointed to fill the vacancy or, as the case may be, when the
member who was unable to perform the functions of his office resumes
those functions.
(10) Any member of the Authority who has any direct or indirect
interest in any contract entered into or proposed to be entered into by
the Authority, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest at
the first meeting of the Authority after the relevant facts have come to
his knowledge. Such disclosure shall be recorded in the minutes of the
Authority and the member having an interest as aforesaid shall
withdraw from any meeting during which such contract is discussed.
Any such disclosure shall be communicated to the Minister without
delay. Where the interest of the member is such as to disqualify him
from remaining a member, he shall report the said fact immediately to
the Minister and tender his resignation:
Provided that, wherever no conflict shall arise with regard to
the obligations and functions of the Authority, the member shall act in
full respect of the principles established under article 6 of this Act.
(11) The meetings of the Board shall be called by the
Chairperson as often as may be necessary, either of one’s own motion
or at the request of two (2) or more members of the Board:
Provided that the Board shall meet as often as may be
necessary, but not less than once (1) every month.
(12) (a)
The Chairperson and at least two (2) other members
of the Board shall form a quorum. Decisions shall be adopted by a
simple majority of the votes of the members present and who have a
vote:
Provided that without prejudice to the other requirements of
this Act, no decision shall be valid which is not supported by at least
two (2) members of the Board.
(b)
(1) vote:
Each member of the Board shall be entitled to one
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Provided that the Chairperson shall have an initial vote and
in the event of an equality of votes, a casting vote.
(13) Without prejudice to the provisions of this Act, the Board
may regulate its own procedure.
(14) Without prejudice to the foregoing provisions of this article,
no act or proceeding of the Board shall be invalidated merely by
reason of the existence of any vacancy among its members.
(15) All acts done by any person acting in good faith as a
member of the Board shall be valid notwithstanding that some defect
in his appointment or qualification is discovered subsequent to any act
or proceeding of the Board. No act or proceeding of the Board shall be
contested by a member on the ground of any breach of sub-article (9)
by any member.
(16) In determining policies, the Board shall follow the policy
guidelines as may be set out by the Minister. The Board shall also be
responsible for advising the Government in furtherance of the
functions and in the attainment of the objectives of the Authority in
terms of this Act.
(17) (a)
Every Ministry shall have a Climate Action
Coordinator who shall provide the competent authority with any input
it may require in fulfilment of its functions listed in article 10. Such
input shall be in a consolidated format reflecting the approved position
of the Ministry.
(b)
The Permanent Secretary within each Ministry
shall be the Climate Action Coordinator of such Ministry.
(c)
Every head of an authority, agency, entity or
department within Government Ministries which are considered
relevant to climate action, as identified by the Minister
responsible for climate action, shall be a person of reference
who assists the Coordinator.
(d)
The Coordinator within a Ministry which is
considered relevant to climate action shall be responsible to
develop plans, measures and climate related actions of the
concerned Ministry, as required and in accordance with article
10.
(e)
The competent authority shall have the power to
request any information directly from the Coordinator.
(f)
Each entity mentioned in paragraph (c) shall state
in a special section of its annual report:
(i)
the specific objectives which have been set
to achieve alignment with the national policies including
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the strategies and plans and its contributions towards the
implementation of the said policies; and
(ii)
the specific activities or interventions it
has undertaken to achieve the objectives referred to in
paragraph (d) and to list and quantify the benefits
accrued by it:
Provided that the Principal Permanent Secretary
shall have the power to request the competent authority to
review, from time to time, any such report insofar as related to
the provisions of this Act.
10.
(1)
The Authority shall have the following functions:
(a)
to set national or sector-specific targets in
consultation with the respective Ministries aligned with the
overall objectives of this Act and any other legislation
relevant to this Act;
(b)
to ensure that all policy and legislation having a
direct impact on climate change is consulted on with the
Authority or with a specifically set up committee of the said
Authority. In the consultations, the entity responsible for
drafting the policy or proposed legislation shall establish the
main objective of the proposal and identify specific aspects
of the proposed policy or legislation;
(c)
to establish policies that shall be pursued by the
Authority in consultation with the Board;
(d)
design and develop incentives and measures within
the scope of this Act;
(e)
to lead and coordinate projects relating to climate
action across Ministries;
(f)
to design, develop and manage a sustained
knowledge, education, information and communications
framework directed to influence behaviour with regard to
climate action;
(g)
to implement those mechanisms relating to
climate action that the Minister may deem appropriate to
assign to the Authority and which are established under
multilateral legal instruments and, or EU legal instruments;
(h)
to ensure the carrying out of the appropriate
communication of those reporting obligations relating to
climate action that the Minister may deem appropriate to
assign to the Authority and which are established under
multilateral legal instruments and, or EU legal instruments;
Functions of the
Authority.
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(i)
to prepare the national long-term strategy for
Government’s approval;
(j)
to prepare the national adaptation strategy for
Government’s approval;
(k)
to prepare and update the National Energy and
Climate Plan for Government’s approval;
(l)
to prepare any other plans that the Minister may
direct;
(m) to provide for the collection, processing,
comparison and interpretation of data related to climate
action in cognizance of data related to the local economy and
international and European Union obligations, and also to
provide that such persons carrying out such activities that
may affect climate as may be prescribed, report such
information and data to the Government on a regular or other
basis as may be prescribed in order for the Government to
take necessary action to harmonise local policies and
measures in contribution to mitigation and adaptation in
climate:
Provided that for the purposes of paragraphs (i),
(j) and (k) the Authority shall follow mutatis mutandis the
procedure for public consultation stipulated in terms of article
28:
Provided further that the Minister may by order
assign to the Authority any other functions consistent with this
Act.
(2)
The provisions of this article shall be without prejudice to
the exercise of the functions of any authority established by, or under
any law in relation to public health, the environment, or any other
matter falling within the functions of any such authority.
(3)
The Authority may require any undertaking to provide it
with any information that the Authority considers necessary for the
purpose of ensuring compliance with the provisions of this Act,
regulations prescribed thereunder, and decisions or directives made in
accordance with this Act, or any other law which the Authority is
entitled to enforce. Any person who fails or refuses to provide such
information shall be in contravention of this Act and shall be liable to
the imposition of an administrative penalty, as may be prescribed by
the Authority.
Conduct of the
affairs of the
Authority.
11.
(1)
In the pursuance of its functions under this Act, the
Authority shall seek to act in the public interest and in line with the
best practices and standards.
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(2)
The Authority shall have the power to regulate its own
conduct including its own administrative procedures.
(3)
The Authority shall execute its duties, functions and
responsibilities in accordance with Government’s strategic directions
relating to climate change in accordance with the policy of the
Government.
12.
(1)
Subject to the other provisions of this Act, the affairs
and business of the Authority shall be the responsibility of the said
Authority provided that, the executive conduct of the Authority, its
administration and organisation and the administrative control of its
officers and employees shall be the responsibility of the Chief
Executive Officer of the Authority, who shall also have such other
powers, as may from time to time be delegated to him by the
Authority.
(2)
There shall be a Chief Executive Officer appointed by the
Board following approval by the Minister, who shall be responsible for
exercising the functions made by, or under this Act, as well as those
functions assigned to him by the Board:
Provided that the first Chief Executive Officer shall be
appointed by the Minister.
(3)
The Chief Executive Officer may exercise any one (1) or
more of the functions or responsibilities either directly or through the
employees or officers within the directorates, units, divisions and
sections which he may set up, from time to time, in order to assist him
in carrying out effectively and efficiently the duties assigned to him
under this Act.
(4)
The Chief Executive Officer may appoint any consultants to
assist him in the performance of the duties assigned to him under this
Act.
(5)
The Chief Executive Officer or his representative shall have
the right to be present and participate at all meetings of the Board:
Provided that the Chief Executive Officer shall not be
present during meetings of the Board or any part thereof in cases of
potential or actual conflict of interest, which he shall be obliged to
disclose, immediately as he becomes aware of such conflict.
(6)
The Chief Executive Officer and, or any person assisting
him in the carrying out of his duties assigned to him under this Act,
shall not be personally liable for any damages caused to any person or
any property as a result of the performance of their duties, unless it is
proven that such damage resulted from bad faith on their part.
Chief Executive
Officer.
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Relations between
the Minister and
the Authority.
CLIMATE ACTION
13.
(1)
The Minister may, in relation to matters that may
appear to him to affect the public interest, from time to time, give to
the Authority directions in writing of a general character, not
inconsistent with the provisions of this Act, on the policy to be
followed in the carrying out of the functions vested in the Authority
by, or under this Act. The Authority shall, as soon as may be possible,
give effect to all such directions.
(2)
The Authority shall afford to the Minister the faculty to
obtain information with respect to its property and activities and
furnish him with returns, accounts and other information with respect
thereto, and afford to him the faculty to verify information furnished,
in such manner and at such times as he may reasonably require.
Legal personality
and representation
of the Authority.
14.
(1)
The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the provisions
of this Act, of entering into contracts, of acquiring, holding and
disposing of any kind of property for the purposes of its functions, of
suing and being sued, and of doing all such matters and entering into
all such transactions as are incidental or conducive to the exercise or
performance of its functions under this Act, including the lending or
borrowing of money.
(2)
The legal and judicial representation of the Authority shall
vest in the Chief Executive Officer:
Provided that the Authority may appoint any one (1) or
more of its members or of the officers or employees of the Authority to
appear in the name and on behalf of the Authority in any judicial
proceedings and in any act, contract, instrument or other document
whatsoever:
Provided further that in respect of any matter falling within
the functions vested assigned to the Chief Executive Officer, the legal
and judicial representation of the Authority shall also vest in the head
of the Directorate or in such other member, officer or employee of the
Authority, as the Authority may appoint or authorise for the purpose.
PART III
OFFICERS AND EMPLOYEES OF THE AUTHORITY
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15.
(1)
The Authority shall appoint and employ, at such
remuneration and upon such terms and conditions as it may determine,
such officers and employees of the Authority, as may from time to time
be necessary, for the due and effective discharge of its functions, in
accordance with directives issued under the Public Administration Act.
(2)
In accordance with the provisions of the Public
Administration Act or with the approval of the Prime Minister, the
Authority may request, after consultation with the Minister, that any
public employee shall from time to time, be detailed for duty with the
Authority in such capacity and with effect from such date as may be
specified in the detailing.
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Appointment of
officers and
employees of the
Authority.
Cap. 595.
Cap. 595.
(3)
Where a public officer is detailed for duty with the
Authority such officer shall, during the time in which such direction is
valid, be under the administrative direction and control of the
Authority but shall otherwise remain and retain all rights and duties as
a public officer and, for the purpose of any law relating to government
service pensions, service with the Authority shall be deemed to be
service with the Government.
PART IV
FINANCIAL PROVISIONS OF THE AUTHORITY
16.
(1)
The Authority shall be governed by the provisions of
the Public Finance Management Act.Without prejudice to the
following provisions of this article, the Authority shall so conduct its
affairs that so much of the expenditure required for the proper
performance of its functions shall, as far as possible, be dispensed out
of its revenue.
(2)
For this purpose, the Authority shall levy all fees, rates and
other payments prescribed or deemed to be prescribed by, or under this
Act, or any other law related to the powers and functions of the
Authority in consultation with the Minister for finance.
(3)
The Authority shall also be paid by Government out of the
Consolidated Fund such amounts as the House of Representatives,
may from time to time, authorise to be appropriated to mete the costs
of specified works or activities to be continued or otherwise carried out
by the Authority.
(4)
Any excess of revenue over expenditure, subject to such
directives as the Minister may give, after consultation with the
Minister responsible for finance, from time to time, shall be applied by
the Authority to the formation of reserve funds that shall be used for
the purposes of the Authority, and without prejudice to the generality
of the powers given to the Minister by this sub-article, any direction
given by the Minister as aforesaid may order the transfer to the
Government, or the application in such manner as may be specified in
the direction, of any part of the fees, rates and other payments levied in
Financial
provisions of the
Authority.
Cap. 601.
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accordance with sub-article (2) or any such excess as aforesaid.
(5)
Any funds of the Authority not immediately required to
mete expenditure may be invested in such manner as may from time to
time be decided by the Authority.
Estimates of the
Authority.
17.
(1)
The Authority shall cause to be prepared in every
financial year, and not later than six (6) weeks after the end of every
such year, shall adopt estimates of the income and expenditure of the
Authority for the following financial year:
Provided that the estimates for the first financial year of the
Authority shall be prepared and adopted within such period as the
Minister may by notice specify in writing to the Authority.
(2)
In the preparation of such estimates, the Authority shall take
account of any funds and other monies that may be due to be paid to it
out of the Consolidated Fund during the relevant financial year,
whether by virtue of this Act, or an appropriation Act, or of any other
law, and the Authority shall so prepare the said estimates as to ensure
that the total revenues of the Authority are at least sufficient to mete all
amounts properly chargeable to its revenue account including, but
without prejudice to the generality of that expression, depreciation.
(3)
The estimates shall be made out in such form and shall
contain such information and such comparison with previous years as
the Minister responsible for finance may direct.
(4)
A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister and to the
Minister responsible for finance.
(5)
The Minister shall, at the earliest opportunity and not later
than six (6) weeks after he has received a copy of the estimates from
the Authority, approve the same with or without amendments after
consultation with the Minister responsible for finance.
Expenditure shall
be according to
approved
estimates.
18.
(1)
No expenditure shall be made or incurred by the
Authority unless provision thereof has been made in the estimates
approved as provided in article 17.
(2)
Notwithstanding the provisions of sub-article (1):
(a)
until the expiration of six (6) months from the
beginning of a financial year, or until the approval of the
estimates for that year, whichever is the earlier date, the
Authority may make or incur expenditure for carrying on its
functions under this Act not exceeding in the aggregate onehalf (1/2) of the amount approved for the preceding financial
year;
(b)
expenditure approved in respect of a head or sub-
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head of the estimates may, with the approval of the Minister
given after consultation with the Minister responsible for
finance, be made or incurred in respect of another head or subhead of the estimates;
(c)
in respect of the first financial year, the Authority
may make or incur expenditure not exceeding in the aggregate
such amounts as the Minister responsible for finance may, after
consultation with the Minister allow;
(d)
if in respect of any financial year it is found that
the amount approved in the estimates is not sufficient or a need
has arisen for expenditure for a purpose not provided for in the
estimates, the Authority may adopt supplementary estimates for
approval by the Minister and in any such case, the provisions of
this Act applicable to the estimates shall as may be practicable
apply to the supplementary estimates.
19.
The Minister shall, at the earliest opportunity and in any
case not later than two (2) weeks after he has received a copy of the
estimates and supplementary estimates of the Authority, or if at any
time during that period the House is not in session, within two (2)
weeks from the beginning of the following session, cause such
estimates to be laid on the Table of the House.
Publication of
approved
estimates.
20.
(1)
The Authority shall ensure that proper accounts and
other records are kept in respect of its operations and shall cause a
statement of accounts to be prepared in respect of each financial year.
Accounts and
audit.
(2)
The accounts of the Authority shall be audited by auditors to
be appointed by the Authority and approved by the Minister:
Provided that the Minister may require the books and
accounts of the Authority to be audited or examined by the Auditor
General who shall for this purpose have all the powers set out in the
Auditor General and National Audit Office Act.
(3)
After the end of each financial year, and in any case not later
than the date on which the estimates of the Authority are forwarded to
the Minister under article 17, the Authority shall cause a copy of the
statement of accounts duly audited to be transmitted to the Minister
and to the Minister responsible for finance, together with a copy of any
report made by the auditors on that statement or on the accounts of the
Authority.
(4)
The Minister shall, at the earliest opportunity and in any
case not later than eight (8) weeks after he has received a copy of
every such statement and report, or if at any time during that period the
House is not in session, within eight (8) weeks from the beginning of
the following session, cause every such statement and report to be laid
on the Table of the House.
Cap. 396.
17
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Deposit of
revenues and
payments by the
Authority.
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21.
(1)
All monies accruing to the Authority shall be paid
into banks appointed as bankers of the Authority by a resolution of the
Authority. Such monies shall, as far as practicable, be paid into any
such banks from day to day, except such amount as the Authority may
authorise to be retained to mete petty disbursements and immediate
cash payments.
(2)
All payments out of the funds of the Authority, other than
petty disbursements not exceeding an amount fixed by the Authority,
shall be made by such officers of the Authority as the Authority shall
appoint or designate for that purpose.
(3)
Cheques against and withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as may
be appointed or designated by the Authority for that purpose and shall
be countersigned by the Chairperson, or such other member or officer
of the Authority as may be authorised by the Authority for that
purpose.
(4)
The Authority shall also make provision with respect to:
(a)
the manner in which and the officers by whom
payments are to be authorised or approved;
(b)
the title of any account held with the banks into
which the monies of the Authority are to be paid, and the
transfer of funds from one account to the other;
(c)
the method that shall be adopted in making
payments out of funds of the Authority, and generally with
respect to any matter which is relevant to the proper keeping
and control of the accounts and books, and the control of the
finances of the Authority.
Contracts of supply
of works.
Cap. 601.
22.
The Authority shall not award or enter into any contract for
the supply of goods or materials or for the execution of works, or for
the rendering of services to, or for the benefit of the Authority, except
in accordance with the Public Finance Management Act and any
regulations made thereunder.
Annual Report.
23.
(1)
The Authority shall, not later than six (6) weeks after
the end of each financial year, make and transmit to the Minister and to
the Minister responsible for finance a report dealing generally with the
activities of the Authority during that financial year, and containing
such information relating to the proceedings and policy of the
Authority, may from time to time be required by the said Ministers.
The Minister shall, at the earliest opportunity and in any case not later
than two (2) weeks after he has received a copy of every such report, or
if at any time during that period the House is not in session, within two
(2) weeks from the beginning of the following session, cause a copy of
every such report to be laid on the Table of the House.
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(2)
The Minister shall ensure that the national long-term
strategy, the national adaptation strategy and the National Energy and
Climate Plan are reviewed and updated periodically, and at least every
five (5) years.
(3)
The Minister shall report to the House and the House shall
discuss on a yearly basis the progress registered in climate action in a
sitting dedicated to this purpose.
(4)
In terms of sub-articles (2) and (3), the Minister shall refer
the reports, strategy and policy to the Standing Committee.
PART V
CLIMATE ACTION FUND
24.
(1)
The Minister may, in consultation with the Minister
responsible for finance, by order establish and maintain a Climate
Action Fund.
(2)
The Climate Action Fund shall be replenished from:
(a)
revenues accruing to the Government from its
participation in and implementation of market-based measures
relating to climate action adopted pursuant to international
treaties or European Union legislation, including inter alia,
from the auctioning of allowances pursuant to Directive 2003/
87/EC of the European Parliament and of the Council of 13
October 2003 establishing a scheme for greenhouse gas
emission allowance trading within the Community and
amending Council Directive 96/61/EC, as may be amended or
replaced from time to time;
(b)
revenues generated by the Government through
the implementation of national measures relating to the
reduction or limitation of greenhouse gas emissions;
(c)
any donation or grant made to the Fund by
individuals or institutions; and
(d)
any amounts or monies, as may from time to
time, be provided by, or under this Act, or any other law.
(3)
The Climate Action Fund shall be set up in accordance with
this article and it shall be administered by the Authority as established
by this Act.
(4)
The Climate Action Fund referred to in this article shall be
applied to:
(a)
support the fulfilment of the obligations set out in
this Act and any regulations made thereunder;
Climate Action
Fund.
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(b)
support the fulfilment of the Government’s
obligations and commitments established by the UNFCCC and
European Union legislation; and
(c)
the provision of financial support to and the
promotion, facilitating and financing of the transfer of, and
access to environmentally sound technologies and know-how or
capacity for national requirements and developing countries, in
accordance with obligations and commitments of the
Government pursuant to international treaties.
PART VI
ESTABLISHMENT, FUNCTIONS AND CONDUCT OF
AFFAIRS OF THE NATIONAL CLIMATE ACTION COUNCIL
National Climate
Action Council.
25.
(1)
There shall be a Council to be known as the
National Climate Action Council (NCAC) which shall be appointed
by the Prime Minister in consultation with the Minister and which
shall consist of a minimum of six (6) and a maximum of eight (8)
expert persons who shall be experts in any climate-related fields
including scientific, public policy, finance, economic and social fields:
Provided that the Prime Minister in consultation with the
Minister may appoint a Chairperson, a Deputy Chairperson and a
Secretary to the Council:
Provided further that the Prime Minister in consultation
with the Minister may allow the Council to appoint any other expert or
group of experts to assist it in the performance of its functions as may
be necessary.
(2)
The Council shall be an independent statutory body and its
main objective shall be that of supporting Malta’s strategic aims
relating to climate action, through the provision of advice to
Government on climate action in Malta.
(3)
The members of the Council shall act independently and shall
hold office for a period of three (3) years, but the members so appointed
may be re-appointed on the expiration of their term of office:
Provided that if a member is appointed at any time after the
other members have already been appointed, the term of appointment
of such other member shall end on the same date as that of the other
members:
Provided further that an appropriate rotation scheme for
the appointment of the members of the Council shall be put in place
so that the end date of the term of office of the Council members
shall not be the same for all members.
(4)
A person shall not be qualified to hold office as a member of
the Council, if the person:
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is legally incapacitated;
(b)
has been declared bankrupt or has made a
composition or arrangement with his creditors;
(c)
has been convicted of an offence affecting public
trust, or theft, or fraud, or knowingly receiving property
obtained by theft or fraud, or of any offence against this Act; or
(d)
has a financial or other interest in any enterprise
or activity which is likely to affect the discharge of the
functions as a member of the Council.
(5)
Any member of the Council who has any direct or indirect
interest relating to any particular function of the Council, not being an
interest which disqualifies such member from remaining a member,
shall disclose the nature of the interest during the first meeting of the
Council after the relevant facts have come to that member ’s
knowledge, and such disclosure shall then be recorded in the minutes
of the meeting, and the member having an interest as aforesaid shall
withdraw from any meetings during which such matter is discussed.
Any such disclosure shall be communicated to the Prime Minister
without delay. Where the interest of the member is such as to
disqualify him from remaining a member, he shall report the fact
immediately to the Prime Minister and tender his resignation.
(6)
The appointment of any person as a member of the Council
and the termination of office or resignation of any such person, as well
as any additional functions assigned to the Council by the Prime
Minister in consultation with the Minister, shall be notified in the
Gazette and they shall have effect forthwith:
Provided that failure to publish the appointment or
termination of office as the case may be, shall have no effect on the
validity of such appointment or termination.
26.
(1)
The Council shall have such functions as are set out
in this Act and such other functions as may be delegated under any
other law, or as may be assigned to it by the Prime Minister in
consultation with the Minister under this Act.
(2)
It shall be the function of the Council:
(a)
to advise the Minister on and monitor the
implementation of this Act and, or any regulations made
thereunder and, or any international and, or European Union
obligations relating to climate action which the Government
may be bound to observe as a State or a Member State of the
European Union;
(b)
to facilitate Government’s adherence to the
national long-term strategy, the National Energy and Climate
Functions of the
National Climate
Action Council.
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Plan, the national adaptation strategy and any other strategy or
policy which the Minister may issue in terms of this Act or any
regulations made thereunder;
(c)
to make recommendations to the Minister on any
matter relating to this Act or any regulations made thereunder
or on any matter relating to climate action;
(d)
to annually report to the Minister on the progress
being registered in the field of climate action;
(e)
to consult regarding any matter related to this Act
or any regulations made thereunder with every Ministry,
department, authority, agency and entity of Government and
every stakeholder concerned including the civil society,
particularly the voluntary organisations in the sector related to
climate action; and
(f)
to carry out such other functions as may be
assigned to it by the Prime Minister in consultation with the
Minister.
PART VII
POWER TO MAKE REGULATIONS
Power to make
regulations.
27.
(1)
The Minister may, in consultation with the
Authority and subject to the provisions of this Act make regulations to
give effect to any of the provisions of this Act, or to regulate or
otherwise provide about any matter in respect of the functions and the
activities which affect climate action in accordance with this Act,
which include inter alia, regulations that:
(a)
give effect to any European and, or international
obligation entered into by Government in relation to climate
change by, or under this Act;
(b)
provide for the procedures to be followed in
regard to the settlement of disputes;
(c)
provide for the enforcement powers required by
the Authority to perform its functions under this Act;
(d)
provide for prescribing anything which may be,
or is required to be prescribed by this Act;
(e)
prescribe measures to mitigate climate change;
(f)
prescribe measures to prevent, avoid and reduce
vulnerability to, and enhance resilience to the adverse impacts
of climate change and to adapt to climate change;
(g)
prescribe measures for the good governance of
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climate mitigation and adaptation measures;
(h)
prescribe the charges and fees that may be
levied by the Authority for services rendered by it under this
Act, or in respect of any matter for which it is considered that
a fee should be payable, after consultation with the Minister
responsible for finance;
(i)
provide for the establishment and operation of
voluntary carbon markets; and, or
(j)
provide for the establishment and operation of a
market of renewable energy certificates.
(2)
The Minister may, in consultation with the Authority, and
acting in accordance with the provisions of this Act, make regulations
for the better carrying out of the provisions of this Act, and may
appoint any person or body to be the designated authority for the
purpo ses of exercisin g an y duties or ob ligatio ns wh ich the
Government has under this Act.
(3)
Without prejudice to the generality of the provisions of
sub-articles (1) and (2), such regulations may, in particular give
effect to any multilateral legal instrument to which Malta may be a
party as well as EU Directives, Regulations and Decisions relating
to any matter governed by this Act or subject-matter, from time to
time, and to set up mechanisms and make other provisions for the
implementation thereof.
28.
(1) Regulations referred to in article 27 shall not be
made unless the Minister shall have first published a draft thereof in
the Gazette allowing any person a period of at least four (4) weeks to
make representations to the Minister.
(2)
The provisions of sub-article (1) with regard to the
publication of a draft of the regulations for public consultation shall
not apply in respect to any regulations which the Minister deems to be
urgent or when any public consultation was carried out before the date
of coming into force of this Act.
(3)
The Minister shall consider any representations made in
accordance with sub-article (1) and may proceed to revise the draft
regulations and to promulgate such regulations in accordance with said
revision, or to amend any regulations already promulgated.
(4)
When the Minister makes regulations concerning the
procedure before any board, commission or other body established
under this Act, he shall also consult such board, commission or body.
Procedure for
making
regulations.
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24
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Power of Minister
to make
regulations in
relation to offences
and administrative
penalties.
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29.
(1)
Without prejudice to any other provision of this Act
the Minister may, after consultation with the Authority, make
regulations imposing punishments on any person who infringes or
fails to comply with any provi si ons o f t his A ct and , or any
regulations made thereunder, such person shall be guilty of an
offence and shall be liable on conviction to:
(a)
imprisonment for a term not exceeding four (4)
years and a fine (multa) not exceeding one million (€1,000,000)
euro; and, or
(b)
a fine (multa) calculated in accordance with the
duration of the commission of an offence, not exceeding fifty
thousand (€50,000) euro for each day during which the offence
persists.
Cap. 12.
(2)
Without prejudice to any other provision of this Act, the
Minister may, after consultation with the Authority, make regulations
authorising any person or any department, agency, corporation or
authority to impose administrative penalties not exceeding one
million (€1,000,000) euro on any person, department, agency,
corporation or authority which is in contravention of any provisions
of this Act or of any regulations or directives made thereunder, and
provide for the procedure for the imposition and enforcement of
such administrative penalties. Any said administrative penalties
shall constitute an executive title for the effects and purposes of
Title VII of Part I of Book Second of the Code of Organization and
Civil Procedure.
PART VIII
POWER TO DELEGATE
Power to delegate.
30.
(1)
Without prejudice to his powers under the provisions
of this Act, the Minister may direct any person or any department,
agency, corporation or authority established by law to carry out any
functions or duties in accordance with this Act or any regulations
made thereunder and, or to ensure the proper implementation of this
Act or any regulations made thereunder, and the Minister may by
regulations prescribe and regulate the procedures and methods to be
adopted by such person, department, agency, corporation or authority
in exercise of the said functions.
(2)
The Minister may, from time to time, give to any of the
entities or to any of its officers or employees such directives and
orders, not being inconsistent with the provisions of this Act, as the
Minister may deem opportune with regard to the policy that has to be
followed by them and to the operation and implementation of their
functions, and on any other matter which appears to the Minister to be
connected with climate action, and the entity, officer or employee
concerned shall, as much as possible, without delay comply with and
act in accordance with these directives and orders and shall conduct
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25
their functions in accordance with these principles.
(3)
Every entity shall give the Minister all required facilities so
that he may obtain all the information connected with their affairs and
activities of any entity, officer or employee, and for this purpose they
shall supply the Minister with returns, bills and any other information
connected thereto, or with their functions and grant him all required
facilities to audit all given information, in such manner and within
such periods as the Minister may reasonably require.
(4)
The Prime Minister may, by regulations made in
consultation with the Minister, delegate any of the Minister’s functions
under this Act or under any regulations made in accordance with this
Act to any other Minister.
PART IX
MISCELLANEOUS
31.
The members of the Authority, and all officers and
employees of the Authority shall be deemed to be public officers
within the meaning and for the purposes of the Criminal Code.
Persons deemed as
public officers.
Cap. 9.
32.
(1)
Any officer or employee of the Authority so
authorised may, at all reasonable times enter any premises, vehicle,
vessel or any other place, for the purposes of:
Enforcement
powers of the
Authority.
(a)
the carrying out of such inspections, tests,
measurements, lifting of samples or to ascertain that nothing
contrary to the provisions of this Act, to the regulations made
thereunder or to any term or condition attached to any licence,
permit or authorisation issued under this Act is being carried
out; and
(b)
ascertaining or reproducing
information as the Authority may require.
such
data
or
(2)
Any person who obstructs or impedes any officer or
employee of the Authority in the exercise of his duties in accordance
with this Act shall be guilty of an offence and shall on conviction, be
liable to imprisonment not exceeding eighteen (18) months or to a fine
(multa) of not more than seventy thousand (€70,000) euro or to both
such fine and imprisonment.
33.
(1)
The Authority may impose an administrative penalty
upon any person who infringes any provision of this Act, regulations
prescribed thereunder or of any other law which the Authority is
entitled to enforce, or who fails to comply with any directive or
decision given by the Authority whether in accordance with this Act,
regulations prescribed thereunder or under any other law which the
Authority is entitled to enforce, or who fails to comply with any
condition of any authorisation granted in accordance with this Act.
Imposition of
administrative
penalties.
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(2)
An administrative penalty imposed under sub-article (1)
shall not exceed:
(a)
one hundred thousand euro (€100,000) for each
contravention and, or one thousand, four hundred euro (€1,400)
for each day of non-compliance, from the date of the decision
given by the Authority; and, or
(b)
in the case of an undertaking, including a
vertically integrated undertaking, or a body corporate, up to ten
(10%) percent of the total turnover concerned in the preceding
business year:
Provided that in the case of an undertaking, including a
vertically integrated undertaking or a body corporate, an
administrative penalty of up to ten (10%) percent of the annual
turnover concerned in the preceding business year, which amount
exceeds one hundred thousand euro (€100,000) may, in any such case
be imposed.
Proceedings when
imposing
administrative
penalties.
34.
(1)
The Authority shall, before imposing an
administrative penalty upon any person who infringes or fails to
comply with:
(a)
any provision of this Act;
(b)
any regulations made thereunder;
(c)
enforce;
any other law which the Authority is entitled to
(d)
any directive or decision given by the Authority
whether in accordance with this Act, regulations made
thereunder or under any other law which the Authority is
entitled to enforce; or
(e)
this Act,
Cap. 12.
any condition of any authorisation granted under
file a judicial letter in terms of article 466 of the Code of
Organisation and Civil Procedure which shall be served on the person
who was in breach of any of the provisions of paragraphs (a) to (e):
(i)
whereby the Authority gives notice of the
administrative penalty that may be imposed by the Authority;
(ii)
whereby the Authority gives notice of the specific
provision of law which has been breached and the applicable
administrative penalty;
(iii) whereby the Authority gives notice of th …
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.