Legislation

Environment Protection Act (Cap. 549)

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• Art. 2In this Act, unless the co ntext otherwise requires: "application" means a permission application or authorisa
• Art. 2AThe provisions of this Act and of any subsidiary legislation made thereunder shall also apply, in accordance w
• Art. 3It shall be the duty of every person and entity, whether public or private, to protect the environment and to
• Art. 4(1) It shall be the duty of the Government to protect the environment for the benefit of the present and futur
• Art. 5The provisions of articles 3 and 4 shall not be directly enforceable in any court, but the principles therein
• Art. 6(1) There is hereby established an authority, to be known as the Environment and Resources Authority, which sh
• Art. 7(1) The Authority shall be a body corporate having a distinct legal personality and shall be capable, subject
• Art. 8(1) The Authority shall be the principal means whereby the Government shall implement its duties under this Ac
• Art. 9Subject to retaining overall control and supervision, and otherwise observing the provisions of this Act, the
• Art. 10The Authority may, with the approval of the Minister, appoint advisory boards and committees to assist it in t
• Art. 10A(1) There shall be a Commission, to be known as the Environmental Commission, which shall consist of four (4)
• Art. 11(1) The Authority shall, after a public call, appoint a Chief Executive Officer. Such appointment shall be for
• Art. 12(1) Subject to the provisions of the Constitution , any other enactment applicable thereto, and without prejud
• Art. 13(1) Where any member of the Authority, or an officer of the Authority, or a consultant, advisor or other perso
• Art. 14The Authority shall appoint and employ, at such remuneration and upon such terms and conditions as it may, in
• Art. 15(1) The Prime Minister may, upon request by the Authority, from time to time, direct that any public officer s
• Art. 16(1) Where any public officer is detailed for duty with the Authority under any of the provisions of article 15
• Art. 17(1) The Authority may, with the approval of the Prime Minister or Minister, offer to any officer detailed for
• Art. 18The Authority may engage such consultants or advisers, as it may consider necessary to assist it in the fulfil
• Art. 19(1) Without prejudice to the following provisions of this article, the Authority Board shall so conduct the af
• Art. 20(1) For the purpose of carrying out any of its functions under this Act, the Authority may, with the approval
• Art. 21The Minister responsible for finance may, after consultation with the Minister, make advances to the Authority
• Art. 22(1) The Minister responsible for finance may, for any requirements of the Authority of a capital nature, contr
• Art. 23(1) The Authority shall cause to be prepared in every financial year, and shall not later than four weeks befo
• Art. 24(1) No expenditure shall be made or incurred by the Authority unless provision thereof had been made in the es
• Art. 25The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of
• Art. 26(1) The Authority shall cause to be kept proper accounts and other records in respect of its operations, and s
• Art. 27(1) All monies accruing to the Authority shall be paid into a bank or banks appointed as bankers of the Author
• Art. 28The Authority shall not award or enter into any contract for the supply of goods or materials or for the execu
• Art. 30The Authority shall be exempt from any liability for the payment of any tax on income or duty on documents for
• Art. 31The Minister shall refer the following to the Standing Committee on the Environment, C limate Change and Devel
• Art. 32(1) The Authority shall set up a fund, hereinafter referred to as the Environment Fund. (2) The Environment Fu
• Art. 35(1) For the purposes of the Criminal Code a n d o f a n y provision of a penal nature in any other law, the me
• Art. 37(1) Every member of the Authority Board, the Chief Executive Officer and each Director of the Authority or any
• Art. 38(1) The officers, property and undertakings owned by the Malta Environment and Planning Authority and which ar
• Art. 39(1) Subject to other provisions of this Act, all laws, rules, regulations, orders, judgments, decrees, awards,
• Art. 40(1) Anything relating to any of the properties or undertakings or any right or liability transferred to the Au
• Art. 41Without prejudice to the provisions of this Act, the protection and effective manageme nt of the environment s
• Art. 42(1) The Authority shall, either out of its own motion but after consultation with the Minis ter, or if so requ
• Art. 43(1) Where the Authority is unable to prepare a plan or policy or fails to delegate such function as is envisag
• Art. 44Without prejudice to his powers under the provisions of this Act, the Minister may direct that the Authority o
• Art. 45(1) The Authority shall prepare the National Strategy for the Environment. In preparing such d ocument the Aut
• Art. 46(1) When the National Strategy for the Environment or a review thereof has been complete d, the Minister shall
• Art. 47(1) At the conclusion of the procedures set out in the foregoing provisions, the National Strategy for the Env
• Art. 49(1) A subsidiary plan is made by the Authority for any matter or subject or any area that falls under the remi
• Art. 50(1) Where the Authority considers that for the proper and effective management and protection of the environme
• Art. 51In the preparation or review of a subsidiary plan or policy, the following procedure shall be followed: Where
• Art. 52(1) Every subsidiary plan or policy shall be reviewed as frequently as may be necessary or as may be made nece
• Art. 53Without prejudice to the provisions of article 6 of the Interpretation Act, any power conferred by this Act to
• Art. 54(1) The Minister may, acting in accordance with the provisions of article 55, make re gulations for the better
• Art. 55(1) Regulations under this Act shall be made by the Minister after consultation with the Authority and, except
• Art. 57(1) The Minister shall, in consultation with the Authority, by regulations under this article provide that the
• Art. 58(1) Save as may otherwise be prescribed, no person shall carry out any activity or operation, or be engaged in
• Art. 59(1) Any person, including a department of government or a body corporate established by law, wishing to carry
• Art. 60(1) Any application or authorisation shall not be processed or granted unless the applican t or his predecesso
• Art. 61(1) Decisions on applications shall be taken without delay. (2) The Minister may, after consultation with the
• Art. 63(1) Any aggrieved party may appeal from any decision of the Authority to the Tribunal in accordance with the p
• Art. 65(1) The Authority may - (a) in the cases of fraud; or 46 [CAP. 549. ENVIRONMENT PROTECTION (b) where public sa
• Art. 66(1) Where the sole reason for revocation or modification of an authorisation is public safety and, or signific
• Art. 67(1) The Authority shall have power to levy a charge in respect of any authorisation to carry out an activity,
• Art. 68No authorisation shall be granted, and no activity authorised by an order shall be c arried out, unless and un
• Art. 69(1) The Authority shall prepare, and from time to time review, a list of protected areas, habitats and species
• Art. 70The Minister may, from time to time, by means of regulations introduce measures relative to the liability to b
• Art. 70A(1) The Minister may, with the prior approval in writing of the Minister responsible for lands, enter by publi
• Art. 72(1) The Authority shall have the power to carry out inspections and investigations o n any occasion and for an
• Art. 74The Authority may also undertake a review of any such activities carried out before the coming into force of t
• Art. 76(1) If it appears to the Authority that an activity is being carried out without the grant of an authorisation
• Art. 77(1) If any steps or other action, including any discontinuance, stoppage, removal or remediation or similar re
• Art. 78Subject to the provisions of regulations made under this Act, and without prejudice to the Authority’s powers
• Art. 79(1) All expenses reasonably incurred by the Authority in the exercise of its powers or any other amount due to
• Art. 81(1) The Authority, before imposing an administrative penalty upon any person who infrin ges or fails to comply
• Art. 83Notwithstanding any other law providing for the trial and punishment of offences, where the Authority believes
• Art. 84(1) Any person who - (a) carries out any activity without an authorisation as in force at the time of such act
• Art. 85In any proceeding or prosecuti on under this Act, a copy of any order, notice, decision or o ther document pur
• Art. 86(1) Where any notice, order, other instrument or document whatsoever is required or authorised to be served or
• Art. 87(1) The Minister may with effect from such date as may be established by notice in the Gazette repeal the Envi
• Art. 88With effect from the coming into force of the Environment Protection (Amendment) Act, 2024 : (a) any pending l

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