Environment Protection Act (Cap. 549)
Environment Protection Act (Cap. 549), article 74
74. The Authority may also undertake a review of any such
activities carried out before the coming into force of this Act , or
any other Act preceding this Act, not in compliance with rules,
regulations, plans, policies or authorisations in force at the time the
activity took place; and in respect of any such an activity the
Authority shall have such powers as it has in respect of an act ivity
carried out after the coming into force of this Act in order to ensure
that the rules, regulations, plans and policies aforesaid are
complied with or to regularise any such an activity to the extent the
Authority deems adequate in the circumstances, or, if this is n ot
reasonably possible, to enforce said compliance.
Officers. 75. (1) The Authority may appoint officers for the purposes of
this Act, and such officers may upon production of proof of the ir
identity, in order to ensure compliance with this Act or any
regulations made thereunder:
(a) enquire from any person information in connection
with any activity, ownership or other matter regulated
by this Act;
(b) order moving vehicles or vessels to stop and open any
cargo or goods area and displ ace goods as instructed to
enable the officers to carry out immediate, on the spot
inspections, investigations and monitoring;
(c) take compliance action includ ing the issuing of stop or
compliance orders to any person in accordance with
the provisions of article 76 and the issuing of fines;
(d) in line with the precautionary principle, issue
temporary stop orders, for a maximum of ten days
every calendar year, for investigations as to the
legality of any activity or for any necessary
monitoring.
Cap. 9.
Cap. 37.
(2) The provisions of sub-article (1) shall be without prejudice
to the powers of the Police, Community Officers, the Comptrolle r
of Customs or of any other authority under the Criminal Code , the
Customs Ordinance or any other law.
(3) Officers appointed under this article shall, notwithstanding
any other law, have the right to assist the police in the condu ct of
prosecution for offences under this Act and to plead the case o n
behalf of the prosecution.
(4) The Authority may request the assistance of the Police
Force, of the Armed Forces of Ma lta, of Transport Malta and any
other competent government e ntity, and in acceding to such
requests, each of these shall for such purpose exercise such po wers
as are vested in them at law.
Compliance
procedure.
Amended by:
XXX.2023.7.
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.