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Environment Protection Act. [CAP. 549].To make provision for the protection of the environment and for the establishment of an authority with powers to that effect and for matters connected therewith or ancillary thereto.

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Legislation
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Abstract
This Act sets out the legislative framework governing the protection of the environment and establishes the authority that shall be in charge of connected matters.
Part II of the Act establishes the duty to protect the environment: it shall be the duty of every person and entity, whether public or private, to protect the environment and to assist in the taking of preventive and remedial measures to protect the environment and manage natural resources in a sustainable manner (art. 3); it shall be the duty of the Government to protect the environment for the benefit of the present and future generations (art. 4).
Part III (Administration) provides for the establishment of the Malta Environment Authority and further defines its functions (art. 8). The authority shall set up the Environment Fund and other funds to finance projects, programs and schemes related to, and costs intended to achieve and manage, the aims and objectives of this Act, studies, as well as works which may be needed for that purpose or to remedy any harm caused to the environment (art. 32). There shall also be a Registration Board whose function shall be to evaluate applications for registration in the Register of Consultants eligible to carry out environmental assessments, audits, monitoring and studies as required by the Authority (art. 33). Part Iv of the Act regulates the transfer of officers and assets to the Authority.
Part V is devoted to environment protection and lays down general rules and principles on related Plans and Policies, provides for the adoption and review of the National Strategy for the Environment, regulates the effects of subsidiary plans and policies. Article 55 defines in detail the procedure to be followed by the Minister to make regulations in matter of environmental protection. Article 57 concerns access to information.
Part VI regulates procedures for issuing required authorizations. No person shall carry out any activity or operation, or be engaged in such activity or operation, relating to or affecting the environment, unless such person is in possession of an authorization from the Malta Environment Authority under this Act. The activities and operations include, among others, the activities and operations listed in the Schedule (art. 58). Article 70 deals with liability for environmental damage: the Minister may 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. The Schedule specifies the activities that shall require prior authorization; they include activities in relation to: biodiversity and other natural features (including collecting and hunting); waste management; pollution control and operations that discharge or cause or permit to be discharged such substance as may be prescribed into the environment; the contained use of genetically modified organisms.
Part VII deals with powers of the Malta Environment Authority, monitoring, compliance action and enforcement of control; Part VIII concerns offences and related penalties.
Long title of text
Environment Protection Act. [CAP. 549].To make provision for the protection of the environment and for the establishment of an authority with powers to that effect and for matters connected therewith or ancillary thereto. ACT I of 2016, as amended by Acts XXIII of 2018, XXXVI of 2020 , XXX and XXXV of 2023 and XVII of 2024.
Notes
Act as amended on 10/5/2024.
Repealed
No
Source language

English

Legislation Amendment
No