Environment Protection Act (Cap. 549)
Environment Protection Act (Cap. 549), article 51
51. In the preparation or review of a subsidiary plan or policy,
the following procedure shall be followed:
Where the Authority prepares a subsidiary plan or policy or
review thereof as aforesaid, it shall seek the Minister’s appro val in
terms of the following procedure:
(a) during the preparation or review of a subsidiary plan
or policy, the Authority shall make known to the
public the matters it intends to take into consideration
and shall provide adequate opportunities for
individuals and organisations to make representations
to the Authority;
(b) when the subsidiary plan or policy or a revision
thereof has been prepared, the Authority shall publish
the plan or policy together with a statement of the
representations it has receive d and the responses it has
made to those representations. The Authority shall
invite representations on the plan or policy to be
submitted to it within a specified period of not less
than six weeks
(c) the Authority shall adopt the subsidiary plan or policy
after taking into considerat ion all the representations
submitted to it as aforesaid;
(d) the Authority shall refer the subsidiary plan or policy
to the Minister. It shall also forward to the Minister:
(i) the statement of representations;
(ii) the responses and amendments it has made as a
result of those representations;
(iii) a precise indication of all other amendments it
has made to the plan or policy; and
(iv) all the documentation and studies relative to the
preparation of the subsidiary plan;
(e) the Authority shall also publish the plan or policy and
invite representations on the matters indicated in
paragraph ( d)(iii) to be submitted within a specified
period of not less than six weeks;
(f) the Authority shall adopt the subsidiary plan or policy
after taking into considerat ion all the representations
submitted to it as aforesaid and shall refer the
subsidiary plan or policy to the Minister for his
approval. It shall also forward to the Minister:
(i) the statement of representations; and
(ii) the responses and amendments it has made as a
result of those representations;
(g) where the Minister agrees with the subsidiary plan he
shall approve it as submitted by the Authority and the
Authority shall upon such approval publish the same
together with the statements, responses,
documentation and studies referred to in paragraphs
(d) and ( f);
32 [CAP. 549. ENVIRONMENT PROTECTION
(h) where the Minister does not agree with the subsidiary
plan as adopted by the Au thority in accordance with
paragraph ( f), he shall prepare a position statement
stating his proposed changes or his reactions to the
Authority’s subsidiary plan and shall refer back the
subsidiary plan to the Authority together with his
position statement;
(i) where the Authority does not agree with the Minister
following the referral back to it of the subsidiary plan
by the Minister , it shall dr aw up a position statement
and shall refer it b ack to the Minister;
(j) the Minister shall then issue a final position statement.
He shall forthwith communicate it to the Authority;
(k) the Authority shall forthwith amend the subsidiary
plan in accordance with the Minister’s final position
statement and submit the same for the Minister’s final
approval;
(l) upon such approval by the Minister, the Authority
shall publish the subsidiary plan together with its own
position statements and those of the Minister and
together with the st atements, responses,
documentation and studies re ferred to in the preceding
paragraphs;
(m) where the subsidiary plan or any part thereof extends
the scope of or is in conflict with the National Strategy
for the Environment, the Minister shall comply with
the provisions of articles 45 to 47 with regard to such
subsidiary plan or any part thereof, provided that those
parts of the subsidiary plan that do not extend the
scope of or are not in conflict with the National
Strategy for the Environment shall come into force on
the date of approval by the Minister.
Review of
subsidiary plan or
policies.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.