Act No. XVI of 2024. Climate Action Act, 2024.

This Act establishes a comprehensive legal framework for climate action in Malta. Its primary goals are to help mitigate climate change, enhance adaptation measures, and set a path for Malta to achieve climate neutrality by 2050. The cornerstone of the Act is the creation of a new powerful regulatory body, the Climate Action Authority.
The key Components of the Act are: 1. The establishment of the Climate Action Authority, which is a new corporate body with legal personality is created to serve as the national competent authority on climate action. It is governed by a Board appointed by the Minister, consisting of a Chairperson and 4-6 other members with relevant expertise. The Authority is led by a Chief Executive Officer (CEO) who handles day-to-day administration. Each government ministry must appoint a Climate Action Coordinator (the Permanent Secretary) to liaise with and provide information to the Authority. 2. Its overarching objective is to contribute to global efforts to mitigate climate change and adapt to its effects, aiming for climate neutrality by 2050. It places a duty on both the Government and every person to protect the climate. The Government must be guided by principles including cost-effectiveness, the precautionary principle, sustainable development, public participation, and scientific evidence when making climate-related decisions. 3. The key Strategies and Planning: the Minister, in consultation with the Authority, is responsible for preparing and publishing: a. a National Long-Term Strategy for greenhouse gas reduction; b. a National Adaptation Strategy to reduce vulnerability to climate impacts; c. the National Energy and Climate Plan (NECP), a 10-year plan aligned with EU targets. 4. The powers and functions of the Authority, which has broad powers to regulate climate action, include setting national and sector-specific climate targets; mandatory consultation on all policies and legislation impacting climate change; leading climate projects across government ministries; collecting and processing climate-related data; preparing the national strategies and the NECP for government approval; requiring information from any undertaking (company or entity) and imposing administrative penalties for non-compliance. 5. The national Climate Action Council (NCAC), an independent expert advisory body (6-8 members) is established to advise the government on climate action, monitor progress, and facilitate adherence to national strategies. 6. The Climate Action Fund, established by the Minister and financed by revenues from emissions trading schemes, national measures, donations, and other sources. This fund will support the fulfillment of Malta's national and international climate obligations. 7. The Act grants the Authority significant enforcement powers, including the right to enter premises for inspection. It introduces a robust system of administrative penalties for infringements, which can be as high as €1,000,000 or 10% of an undertaking's annual turnover. A detailed judicial process must be followed before a penalty is imposed. Decisions of the Authority can be appealed to the Administrative Review Tribunal. 8. The transitional Provisions repeal the previous Malta Resources Authority Act and Climate Action Act. The assets, rights, obligations, and legal cases related to climate from the old Malta Resources Authority are transferred to the new Climate Action Authority. Those related to minerals and resources are transferred to the Environment and Resources Authority.
In Essence This Act represents a significant strengthening of Malta's climate governance. It centralizes authority and responsibility in a single, powerful body (the Climate Action Authority), backed by a clear set of principles, mandatory planning instruments, independent expert advice, and strong enforcement mechanisms to ensure Malta meets its national and international climate commitments.