ENVIRONMENT PROTECTION g CAP. 435.  1
CHAPTER 435
ENVIRONMENT PROTECTION ACT
To protect the Environment.
18th September, 2001;
28th June, 2002
Act XX of 2001.
PART I
Preliminary
Short title.
Act.
Interpretation.
''Authority'' means the competent authority nominated by the
Minister under article 6;
''biological diversity'' or ''biodiversity'' means the variability
among living organisms from all sources, including  inter alia ,
terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part, and includes diversity within
species, between species and of ecosystems;
''conservation'' means a series of measures required to maintain
or restore the natural habitats and the population of species of wild
fauna and flora at a favourable status;
''derivatives'' means parts of any specimen, whether processed by
man or not;
''discharge'' includes emission, deposit, dumping, disposal,
addition or introduction into the environment of a substance or
energy, directly or indirectly from any point source or diffuse
source, whether stationary or mobile, and whether caused or
permitted intentionally or otherwise and whether continuous or
intermittent or once only;
''energy'' includes all types of radiation forming part of the
electromagnetic energy spectrum, or resulting from a nuclear
source, as well as all vibrations and noise; 
''environment'' means the whole of the elements and conditions,
natural or man made, existing on earth, whether together or in
isolation, and in particular:
( a ) the air, water and land;
( b ) all the layers of the atmosphere;
( c ) all organic and inorganic matter and all living
organisms;
( d ) all ecosystems; and
( e ) the landscape;
''flora'' means all types of plants and other  biota  including
akaryotes, prokaryotes  and  eukaryotes , dead or alive, in whole or
2 g CAP. 435. ENVIRONMENT PROTECTION
in part and their derivatives;
''fauna'' means all types of animals and other  biota  including
akaryotes, prokaryotes  and  eukaryotes , dead or alive, in whole or
in part and their derivatives;
''genetically modified organism'' means any of the following:
( a ) an organism derived from the formation of a
combination of genetic material by any means other
than natural means;
( b ) an organism inheriting such combination of genetic
material;
( c ) an organism that results from the replication of an
organism as derived in paragraph ( a ); or
( d ) such other organism as may be prescribed by the
Minister under this Act;
''Minister'' means the Minister responsible for the environment;
''natural resources'' means any component of nature and includes
air, water, land, soils, minerals, energy, living organisms and
genetic resources;
''pollution'' means the direct or indirect introduction by man into
the environment of substances, organism, genetic material or
energy that cause or are likely to cause hazard to human health,
harm to living resources or to ecosystems, or damage to amenities,
or interfere with other legitimate uses of the environment;
''prescribed'' means prescribed by the Minister under this Act;
''precautionary principle'' means the principle whereby
appropriate measures are taken to protect the environment and to
ensure sustainable management of natural resources in the absence
of absolute or conclusive scientific proof of the need for such
measures;
''specimen'' means any species, whether alive or dead, any part or
derivative thereof, and includes any goods which from an
accompanying document, the packaging, mark or label or from
other circumstances appear to be parts or derivatives of animals or
plants;
''substances'' means any matter, chemical, mixture, compound or
product and including fuels, combinations of elements, mixtures or
compounds of a chemical reaction, as well as the mixture of
substances of different molecular identities;
''waste'' means any thing, substance or object which the holder
discards or intends to discard, or is required to keep in order to
discard, and includes such other thing, substance or object as the
Minister may prescribe.
ENVIRONMENT PROTECTION g CAP. 435.  3
PART II
Duty to Protect the Environment
Duty of every 
person to protect 
the environment.
3. It shall be the duty of everyone together with the
government 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.
Duty of 
Government to 
protect the 
environment.
4. It shall be the duty of the Government to protect the
environment for the benefit of the present and future generations
and to that effect:
( a ) to manage the environment in a sustainable manner by
integrating and giving due consideration to
environmental concerns in decisions on socio-
economic and other policies;
( b ) to take such preventive and remedial measures as may
be necessary to address and abate the problem of
pollution and any other form of environmental
degradation in Malta and beyond, in accordance with
the polluter pays principle and the precautionary
principle;
( c ) to collaborate with other governments and entities in
the protection of the global environment;
( d ) to disseminate information on the environment and to
facilitate the participation of the public in decisions
that affect the environment;
( e ) to apply scientific and technical knowledge and
resources in determining matters that affect the
environment;
( f ) to ensure the sustainable management of wastes and to
promote its reduction and the proper use, reuse and
recovery of matter and energy;
( g ) to safeguard biological diversity;
( h ) to combat all forms of pollution; 
( i ) to consider the environment as the common heritage
and common concern of humankind; and
( j ) to provide incentives leading to a higher level of
environmental protection.
Application of 
articles 3 and 4.
5. The provisions of articles 3 and 4 shall not be directly
enforceable in any court, but the principles therein contained are
this notwithstanding fundamental to the Government of the State
and those principles shall be employed in the interpretation of the
other provisions of this Act or of any other law relating to matters
governed by this Act.
PART III
The Authority
Appointment of 
Authority.
6. (1) The Minister shall by order in the Gazette nominate a
person or body to be the competent authority for the purposes of
4 g CAP. 435. ENVIRONMENT PROTECTION
this Act, to carry out the functions of the competent authority under
this Act, and to perform such other functions as the Minister may
consider appropriate in relation to the operation of this Act. Such
person or body shall be nominated for such period as the Minister
may determine and the Minister shall have the power at any time to
prolong, renew or terminate such nomination by order in the
Gazette.
(2) The powers of the Minister to prolong, renew or terminate
a nomination made in pursuance of sub-article (1) shall cease as
may be specified by the Minister in an order in the Gazette whereby
a body is nominated to act as the competent authority under this
Act on a permanent basis.
(3) The Minister may, in any regulation under this Act,
establish that the Authority or another person or another body shall
be responsible for the performance of the regulations.
Functions of the 
Authority.
7. (1) ( a ) The Authority shall be the principal means
whereby the Government shall implement its duties under this Act.
The Authority shall advise the Minister in the formulation and
implementation of policies relating to the promotion of sustainable
development, protection and management of the environment and
the sustainable management of natural resources, and on such other
matters as may be necessary for the better carrying out of the
provisions of this Act.
( b ) In carrying out its functions under paragraph ( a ) of
this sub-article the Authority shall -
(i) seek to co-operate or to make arrangements with
other entities or persons to enable it to better
monitor the implementation of and compliance
with the provisions of this Act;
(ii) establish long and short term objectives and
strategies taking into consideration the advice
and recommendations, where appropriate, of the
National Commission for Sustainable
Development established by this Act;
(iii) advise the Minister on the making of
environmental standards, guidelines and the
making of regulations under this Act as well as
on the formulation and implementation of
contingency and emergency plans to safeguard
the environment;
(iv) be the authority that may issue any licence or
permit that may be required by or under this Act
under such conditions as it may, subject to any
other provision of this or any other law, deem
necessary to control and manage activities
having an impact on the environment;
(v) establish threshold levels of discharge from
production, management, use, possession or any
other activity involving products, substances and
the production of or use of energy;
ENVIRONMENT PROTECTION g CAP. 435.  5
(vi) monitor the quality of the environment and for
such purpose establish methodologies, maintain
and disseminate information related to the
environment; and 
(vii) publish at intervals not exceeding three years a
report on the state of the environment.
( c ) It shall also be the duty of the Authority -
(i) to ensure that Environmental Audits and
Environmental Impact Assessments as may be
prescribed are properly carried out;
(ii) to liaise with public entities, non-governmental
organizations and international organizations on
matters relating to environmental protection and
the sustainable management of the environment
and natural resources, and to undertake and
promote research on such matters; 
(iii) to provide support and advisory services relating
to environment protection, to government and
local authorities in relation to the performance
of their functions;
(iv) to promote, either alone or in collaboration with
others, education, training and public awareness
programmes relating to environmental
protection, and the sustainable management of
the environment and natural resources;
(v) to perform such other functions as may from
time to time be assigned to it by the Minister,
including the functions required to give effect to
any international obligation entered into by
Malta relative to matters regulated by this Act.
(2) Until such time as the provisions of sub-article (1) are
brought into force, the Minister may exercise any of the functions
therein assigned to the Authority.
PART IV
National Commission for Sustainable Development
National 
Commission for 
Sustainable 
Development.
8. (1) There is hereby established a commission to be known
as the National Commission for Sustainable Development which
shall have the composition and which shall carry out the functions
set out in this article.
(2) The Commission shall be chaired by the Prime Minister or
in his absence the Minister and shall be composed as follows:
( a ) all Ministers  ex officio  or their representatives;
(b) two members of the House of Representatives, one
appointed by the Prime Minister and the other by the
Leader of the Opposition;
( c ) a representative of the Authority;
( d ) the Chairman of the Malta Council for Economic and
6 g CAP. 435. ENVIRONMENT PROTECTION
Social Development  ex officio ;
( e ) representatives of such public entities as in the opinion
of the Prime Minister are relevant to the functions of
the Commission;
( f ) a representative of the association of local councils;
( g ) representatives of organizations which represent or
have an interest in business, industry and/or industrial
relations, scientific and academic bodies, the media,
and other non-governmental organizations, which in
the opinion of the Prime Minister are relevant to the
functions of the Commission.
(3) The members of the Commission referred to in sub-article
(2)( e ) to ( g ) shall be appointed by the Prime Minister after
considering the recommendations that are made by the relative
body or bodies and shall hold office for such term as may be stated
in their letter of appointment and shall be re-eligible for
appointment.
(4) The quorum for meetings of the Commission shall be the
chairman and half the members who at the time are members
thereof; the Commission shall otherwise regulate its own
procedure.
(5) The Prime Minister shall assign a public officer to be the
secretary of the Commission, and shall from time to time assign to
it such other affairs or resources which in his opinion are adequate
for it to carry out its functions.
(6) The Commission shall hold its meetings in public and the
public shall have access to all the reports of the same Commission.
(7) The Commission shall have the following functions:
( a ) to advocate sustainable development across all sectors
of Malta, review progress in the achievement of such
sustainable development and to build consensus on
action needed to achieve further progress;
( b ) to identify any relevant process or policy which may
be undermining sustainable development and propose
alternative processes or policies to the Government for
adoption;
( c ) to identify trends which may significantly give rise to
unsustainable development and which will not be
reversed on the basis of current or planned action, and
recommend action to reverse such trends;
( d ) to increase awareness of the need that development
must be sustainable;
( e ) to encourage and stimulate good practice in the use
and management of natural resources, in particular
their minimal use and maximum reuse by recycling in
an environmentally sustainable manner;
( f ) to prepare a National Strategy for Sustainable
Development; and
ENVIRONMENT PROTECTION g CAP. 435.  7
( g ) to carry out such other functions in relation to
sustainable development as may be assigned to it by
the Prime Minister:
Provided that in carrying out the above-mentioned
functions, the Commission may appoint advisory committees to
make recommendations on specific subjects or actions which it
may deem fit to examine:
Provided further that in carrying out its functions, the
Commission shall be answerable to the Prime Minister.
Recommendations and decisions of the Commission shall have no
executive force but shall be considered as authoritative
recommendations of best practice in achieving sustainable
development.
PART V
Duties and Powers of the Minister
Power to make 
regulations.
9. (1) The Minister may, acting in accordance with the
provisions of article 10, make regulations for the better carrying
out of the provisions of this Act and may in particular by such
regulations appoint the Authority or any person or body to be the
designated authority for the purposes of any international
obligation to which Malta may be a party.
(2) Without prejudice to the generality of the provisions of
sub-article (1) such regulations may, in particular:
( a ) prescribe the charges and fees that may be levied by
the Authority for services rendered by it under this
Act;
( b ) provide for the procedure to be applied in the
application for licences under this Act, as well as fees
chargeable therefor and the general conditions under
which the Authority may require the giving of
financial guarantees or the provision of assurance to
make good for any damage that may be caused to the
environment by any activity which may require a
licence under this Act;
( c ) give effect to any international treaty or instrument
relating to any matter governed by this Act to which
Malta may from time to time be a party and to set up
structures and make other provisions for the
implementation thereof;
( d ) establish, co-ordinate and enforce environment quality
control systems and make provisions for the carrying
out of assessments of environmental risks of both new
and existing establishments;
( e ) provide for the collection, processing, comparison and
interpretation of data related to the environment and to
provide that such persons carrying out such activities
that may affect the environment as may be prescribed
give such information and data to the Authority in a
regular or other basis as may be prescribed in order to
8 g CAP. 435. ENVIRONMENT PROTECTION
enable the Authority to monitor and safeguard the
quality of the environment;
( f ) prescribe the techniques to be used in the monitoring
of the environment;
( g ) prescribe, in collaboration with the Civil Protection
Department, the circumstances in which an
environmental emergency may be declared, and the
effect of such a declaration may have on any activity
requiring a licence under this Act;
( h ) set objectives, issue directives and establish codes of
practice, all in relation to the environment, to the
reduction, reuse, recovery, treatment, storage and
disposal of materials as may be prescribed, to all
human activity which effects the environment and to
ensure sustainable development, and such regulations
may in particular:
(i) formulate objectives laying down quantitative
and qualitative terms, the goals to be achieved in
the effort to control the environment;
(ii) give directives with regard to such uses of the
environment as may be prescribed;
(iii) establish the maximum quantities or
concentrations of discharge or emission, or use
of such substances as may be prescribed during
works, undertakings or activities of any nature
and ensure the enforcement and monitoring of
these standards;
(iv) establish codes of practice determining
procedures, methods, limits of discharge and
emission of substances applicable to works and
activities as may be prescribed both with regard
to the time when such works and activities are
taking place as well as with regard to the time
when the works and activities have been
completed; and
(v) establish for the purposes of this Act, the best
available technique not entailing excessive cost
with regard to any work, activity or process;
( i ) with regards to integrated pollution prevention and
control:
(i) establish systems which ensure such prevention
and control;
(ii) prescribe measures to control, prevent, manage
or reduce pollution and degradation of the
environment;
(iii) control the keeping, management, trading in or
use of substances and other activities which may
cause or facilitate pollution;
(iv) set standards including maximum of permitted
levels in quantitative or qualitative terms, of
ENVIRONMENT PROTECTION g CAP. 435.  9
discharge and emissions into the environment of
materials, substances or energy and with regard
to the use of any technology, equipment, matter,
substance, method or procedure in relation
thereto;
(v) establish methodologies to be used in the
monitoring of discharge and emission of
substances and, or energy into the environment
and to regulate the use of information gathered
during such monitoring;
(vi) prevent, control, reduce, remedy or otherwise
manage situations which may lead to
environmental emergencies and to prevent,
control, reduce, remedy or otherwise manage
any adverse effects on the environment resulting
therefrom;
( j ) in relation to waste management:
(i) classify waste and prescribing rules in relation
thereto in accordance with the type and category
thereof;
(ii) regulate the management and disposal thereof;
(iii) establish quotas, in quantitative and qualitative
terms, of permitted generation of waste, as well
as otherwise provide for the prevention and
reduction of waste;
(iv) provide for the registration and, or, licensing of
waste management operations;
( k ) in relation to the protection of biodiversity:
(i) provide for the monitoring and management
thereof;
(ii) declare any species to be a protected species and
establish rules for its protection;
(iii) declare any species to be an invasive species and
establish rules for its control;
(iv) regulate the use of and otherwise protect
specimens of fauna or flora; and in particular
prohibit and, or, control possession, exhibition,
artificial propagation or captive breeding of such
specimens of flora and fauna as may be
prescribed;
(v) provide for the conservation, protection and
management of particular habitats or categories
thereof in order to safeguard biological
diversity;
(vi) declare any areas or sites on land or in the
internal or territorial waters, or beyond such
waters where Malta may have jurisdiction for
the purpose of the protection and control of the
environment, to be protected areas and to
provide for their protection and to regulate their
10 g CAP. 435. ENVIRONMENT PROTECTION
management;
(vii) control and regulate any activity that may
interfere with the conservation status of
biological diversity;
(viii) regulate trade in and the transit, import or export
of specimens of flora and fauna as may be
prescribed;
( l ) control, manage and regulate the transport,
introduction of, use (including contained use), release
or placing on the market or in the environment of
genetically modified organisms;
( m ) in relation to environmental audits:
(i) require any person conducting such activities as
may be prescribed or running or operating such
facilities as may be prescribed to carry out
environmental audits and to submit to the
Authority environmental audit reports; which
shall include:
•1. a detailed description of the activity or
facility; 
•2. a detailed description of the environmental
impact of the activity or facility;
•3. plans to prevent and reduce risks of
adverse effects and to remedy any adverse
effects caused; and 
•4. a contingency plan to deal with any
emergency;
(ii) require any person to comply with any plan
provided for in •3 and •4 of subparagraph (i)
hereof; and
( n ) provide that any person who acts in contravention of
any regulation under this Act shall be guilty of an
offence against this article, and establishing such
penalty, being a penalty not greater than a fine ( multa )
of one hundred thousand liri or to imprisonment for a
term not exceeding two years, or both such fine and
imprisonment, to which any person so guilty may be
liable:
Provided that such regulations may provide
that a person, who having been sentenced for an
offence against the same regulation by a judgement
which has become absolute, commits a further offence
in contravention of the same regulation within such
time as may be prescribed, shall be liable to pay a
higher fine ( multa ), not exceeding double the fine
( multa ) which would otherwise have been infliced, and
for the purpose of this proviso the maximum fine that
may be established by such regulations shall be two
hundred thousand liri:
Provided further that such fine shall in all cases
ENVIRONMENT PROTECTION g CAP. 435.  11
be due to the Government as a civil debt, and that
where the person guilty of the offence is a director,
secretary or manager of a body corporate for the
economic benefit of whom the offence was committed,
such body corporate shall be liable  in solidum  with the
offender for the payment of the said civil debt; and
( o ) prescribe any other matter that is to be or may be
prescribed.
Procedure for 
making 
regulations.
10. (1) Regulations under article 9 shall be made by the
Minister after consultation with the Authority and except for
regulations under article 9(2)( a ) ( b ) and ( n ) in the cases referred to
in sub-article (2) shall not be made unless the Minister shall have
first published a draft thereof in the Gazette allowing any person a
period of at least four weeks to make representations to the
Minister or to the Authority or to both stating how in his opinion
the proposed regulations do not sufficiently protect the
environment or how they are too unnecessarily restrictive or cause
him hardship or economic loss and asking for a revision of such
draft.
(2) The provisions of sub-article (1) with regard to
consultation with the Authority and with regard to the publication
of a draft of the regulations in the Gazette shall not apply in respect
to any regulations, which the Minister declares to be urgent.
(3) Any person may, in the circumstances referred to in sub-
article (1) in respect of draft regulations, not later than six weeks
after the promulgation of any regulations made in accordance with
sub-article (2) make submissions to the Minister and, or to the
Authority stating why and how the regulations should be revoked
or amended.
(4) The Authority shall consider any representations made to it
under sub-articles (1) and (3) and shall report thereon, after hearing
such persons or taking such expert advice as it considers expedient,
to the Minister together with any other views it may have on the
draft published under sub-article (1) or the regulations made under
sub-article (2), and the Minister may, upon receipt of the report by
the Authority and any representations received by him, proceed to
revise the draft regulations and to promulgate such regulations in
accordance with such revision, or to amend any regulations already
promulgated; provided that where the Authority has not after the
lapse of four weeks after the end of the period for representation
referred to in sub-article (1) has elapsed, not made the report or has
not given its views to the Minister, the Minister may proceed to
promulgate the regulations contained in the draft with or without
changes as he may deem expedient, without prejudice to the
possibility of making any changes upon the receipt of such report
and views when made.
PART VI
Licences
Licences.
activities unless he is in possession of a licence from the Authority:
12 g CAP. 435. ENVIRONMENT PROTECTION
( a ) in relation to biodiversity:
(i) for whatever purpose, trade in, transport, import
or export such specimens of flora or fauna, as
may be prescribed whether dead or alive in
whole or in part, including any derivatives
thereof;
(ii) have such specimens of flora or fauna as may be
prescribed in transit;
(iii) have in his possession such specimens of flora or
fauna as may be prescribed;
(iv) handle such specimens of flora and fauna as may
be prescribed, in any manner including the
ringing and tagging thereof;
(v) trap, shoot or capture such specimens of fauna as
may be prescribed;
(vi) collect such specimens of flora or fauna as may
be prescribed;
( b ) in relation to waste management:
(i) store, treat, collect, transfer, recover or
otherwise manage or handle such waste as may
be prescribed;
(ii) act as broker for the carrying out of the functions
mentioned in paragraph (i);
(iii) trade in, import or export waste;
(iv) have such waste as may be prescribed in transit;
(v) manage waste management facilities;
( c ) in relation to pollution control, discharge or cause or
permit to be discharged such substance or energy as
may be prescribed into the environment;
( d ) in relation to genetically modified organisms:
(i) trade in genetically modified organisms; 
(ii) manage or otherwise have in his possession
genetically modified organisms;
( e ) any other activity as may be prescribed.
(2) The Authority shall have the power to grant or refuse
licences issued in terms of this article, and in granting such
licences the Authority shall be entitled to impose such conditions
which it may deem appropriate:
Provided that upon the refusal or the imposition of
particular conditions, the Authority shall give reasons for such
refusal and for any particular conditions which may have been
imposed.
(3) Any person who carries out any such activity for which a
licence is required under sub-article (1) hereof without a licence, or
acts in breach of any condition attached to any such licence, shall
be guilty of an offence against this article and shall on conviction
be liable to a fine ( multa ) of not more than twenty five thousand liri
or to imprisonment not exceeding six months or to both such fine
ENVIRONMENT PROTECTION g CAP. 435.  13
and imprisonment.
PART VII
Environment Impact Assessment
Environment 
Impact 
Assessment.
Cap. 356.
12. * The Minister may by regulations prescribe a list of
categories of developments which because of their nature, extent
and locality and, or, other environmental considerations shall be
subject to an Environment Impact Assessment before a
development permission may be granted by the Planning Authority
under the Development Planning Act:
Provided that nothing in this sub-article shall preclude the
Planning Authority from requiring an applicant for a development
permission to submit the project to an Environment Impact
Assessment, even if the development does not fall within any of the
categories in the lists prescribed by the Minister.
Duty of Planning 
Authority with 
regard to 
Environment 
Impact 
Assessment.
13.* (1) Within two months of the receipt of an application for
planning permission requiring an Environment Impact Assessment
under article 12, the Planning Authority shall provide the Authority
with such information as may be prescribed or as may otherwise be
required by it to establish the terms of reference for the
Environment Impact Assessment to be carried out.
(2) Within two months of the submission of the information
referred to in sub-article (1) hereof the Authority shall establish the
terms of reference for the Environment Impact Assessment, and
transmit the same to the person making the application.
Power to make 
regulations with 
regard to 
Environment 
Impact 
Assessment.
14.* (1) The Minister may after consulting the Authority make
regulations, generally to regulate the conduct of Environment
Impact Assessments, and without prejudice to the generality of the
foregoing, may by such regulations:
( a ) specify the criteria that are to be satisfied in the
conduct of Environment Impact Assessments
including the accreditation and, or, the approval of
consultants or other persons engaged to carry out such
assessments;
( b ) identify the issues that are to be addressed in such
assessments and the information that must be provided
therewith;
( c ) establish the procedures to be followed and the manner
and time frames that are to be observed in the conduct
of such assessments;
( d ) establish procedures whereby parties that may be
affected by the project and organizations that may
have specific responsibilities or interests affected by
the project, may be given an opportunity to express
their views and concerns thereon.
(2) Without prejudice to any regulations made under sub-
article (1)( b ) an Environment Impact Assessment must in all cases
*This article is not yet in force.
14 g CAP. 435. ENVIRONMENT PROTECTION
separately address and give information as to how the project will
impact on:
( a ) human beings and social structures;
( b ) biodiversity;
( c ) all natural resources including land, water, air, climate
and the landscape; and
( d ) on any other matter ancillary to the items under
paragraphs ( a ), ( b ) or ( c ) hereof.
(3) An Environment Impact Assessment shall also identify and
assess the transboundary effects of a project.
Review of 
Environment 
Impact Assessment 
by Authority.
15. * (1) Upon completion of an Environment Impact
Assessment the applicant shall submit the same to the Authority
which shall within eight weeks review the same and issue a report
thereon in accordance with the foregoing sub-article of this article.
(2) Where in the opinion of the Authority the conclusions of
the Environment Impact Assessment are valid and acceptable to it,
it shall issue a positive report.
(3) The Authority may issue a positive report subject to such
conditions as it may consider necessary in order to meet particular
concerns which in its opinion are not sufficiently addressed in the
assessment. Such a report is hereafter referred to as a conditionally
positive report.
(4) Where the Environment Impact Assessment concludes that
the development is environmentally unsustainable or where the
Authority is not satisfied with the conclusions of the Environment
Impact Assessment it shall issue a negative report.
Right of appeal to 
the Authority.
16.* Where notwithstanding a negative report by the Authority,
a development permission is granted under the Development
Planning Act, or where any condition attached to a conditionally
positive report is not attached to a development permission as
aforesaid, the Authority shall have a right to appeal before the
Planning Appeals Board set up under article 14 of the said
Development Planning Act, against the grant of such planning
permission or against the omission of any condition attached by the
Authority in a conditional positive report.
Strategic 
Environment 
Assessment.
17.* Without prejudice to his powers under article 12, the
Minister may direct that a department of Government or a
corporation or authority established by law or any other
Government Agency to subject any policy or strategy adopted or
planned to be adopted by it to a Strategic Environment Assessment,
and may by regulations prescribe and regulate the procedures and
methods to be adopted in such assessments.
*This article is not yet in force.
ENVIRONMENT PROTECTION g CAP. 435.  15
PART VIII
The Environment Fund
Setting up of the 
Fund.
18. The Authority shall set up a fund, hereinafter referred to as
the Fund, to be styled the Environment Protection Fund for the
purposes set out in this Part of this Act.
Administration of 
the Fund.
19. (1) The Fund shall be administered by a board composed
of a chairperson appointed by the Minister and two other members,
one appointed by the Minister responsible for finance and the other
appointed by the Authority from amongst persons versed in
environmental matters. The Fund shall have a legal personality
independent and distinct from that of the Government or the
Authority and shall be capable of entering into contracts of
acquiring and transferring property and doing all such things as are
necessary for or ancillary to its functions.
(2) On the expiration of their term of appointment all members
of the Board shall be eligible for reappointment.
(3) The Fund shall be used to finance studies to safeguard the
environment, as well as works which may be needed for that
purpose or to remedy any harm caused to the environment in
connection with any contingency or emergency plan, or to finance
such other activities, including activities organised by non-
governmental organizations, as the Minister in consultation with
the Authority may prescribe:
Provided that the Fund shall not be used to finance the
operating costs of the Authority:
Provided further that the Authority may charge the Fund
for any services rendered by it to the Fund.
(4) There shall be paid into the Fund:
( a ) any sums appropriated by Parliament for the purpose;
( b ) any donations or grants made to the Fund by
individuals or institutions;
( c ) sums received by the Authority for the purpose of
being placed in the Fund;
( d ) such other sums or monies as may from time to time be
provided by or under this or any other law.
Accounts of the 
Fund.
20. (1) The Fund shall keep a proper account of its revenue
and expenditure and the Authority shall, without prejudice to the
powers of the Auditor General and of the Minister responsible for
finance under any law, each year cause the accounts of the Fund to
be audited by suitably qualified Public Auditors and Accountants
appointed by it with the concurrence of the Minister.
(2) The Fund shall every financial year deliver to the Minister,
through the Authority, a copy of its duly audited balance sheet
together with a report of its activities during the previous financial
year. The Minister shall lay a copy of the balance sheet and of the
report on the Table of the House within a month of the receipt of
the same from the Fund.
16 g CAP. 435. ENVIRONMENT PROTECTION
Exemption from 
certain taxes.
Cap. 123.
Cap. 364.
21. The revenue of the Fund shall not be subject to tax under
the Income Tax Act and the Fund shall not be liable to tax under the
Duty on Documents and Transfers Act.
Power to make 
regulations with 
respect to the 
Fund.
22. The Minister may with the concurrence of the Minister
responsible for finance and after consulting the Authority make
regulations prescribing the procedure to be followed by the board
of the Fund and otherwise regulating the Fund. The Minister may
by such regulations in particular prescribe such functions, activities
and initiatives that may or are to be financed by the Fund.
PART IX
Right to Information
Right to 
information.
23. The Minister shall by regulations under this article provide
that members of the public or such categories of persons as may be
prescribed shall be entitled to request from such Government
departments, authorities, public corporations or other persons as
may be prescribed such information that they may have in their
possession and relating to the environment. Without prejudice to
the generality of the foregoing, such regulations may prescribe:
( a ) the nature of the information that may be requested;
( b ) the circumstances in which such information may be
requested;
( c ) the circumstances in which such information may be
withheld by the requested entity and the publication of
the reasons for which such information is withheld;
( d ) the fees that may be charged in respect of any such
information; and
( e ) the time within which such information is to be
supplied.
PART X
Enforcement
Action for 
damages.
24. (1) Any person who causes damage to the environment,
shall without prejudice to any other civil liability to make good any
damages to any person or authority, be liable to pay to the Fund
established under Part VIII of this Act, such sum, as may in the
absence of agreement be fixed by the court  arbitrio boni viri , to
make good for the damage caused to environment and suffered by
the community in general by the non-observance of any law or
regulation by such person or by his negligence or wilful act or
inability in his art or profession.
(2) An action on behalf of the Government in accordance with
sub-article (1) hereof shall be instituted by the Chairman of the
Fund, or by his delegate, as established under Part VIII of this Act,
and shall be prescribed by the lapse of eight years.
Environment 
inspectors.
25. (1) The Minister may authorise officers of the Authority
to be environmental inspectors for the purposes of this Act, and
such environmental inspectors may upon production of proof of
ENVIRONMENT PROTECTION g CAP. 435.  17
their identity in order to ensure compliance with this Act or any
regulations made thereunder:
( a ) enter any premises (other than a dwelling) or board
any vehicle or vessel licensed under this Act, or as
may otherwise be prescribed; 
( b ) examine any article to which any regulations under
this Act may apply and take such samples as it may
deem fit for examination;
( c ) make plans of any premises, vehicle or vessel and take
photographs of the same after entry or boarding in
accordance with paragraph ( a ) hereof;
( d ) enquire from any person information in connection
with any activity or other matter regulated by this Act;
( e ) issue stop orders to any person not in compliance with
this Act or with any regulation made thereunder.
Cap. 9.
Cap. 37.
(2) The provisions of sub-article (1) shall be without prejudice
to the powers of the Police, Local Wardens, the Comptroller of
Customs or of any other authority under the Criminal Code, the
Customs Ordinance or any other law.
(3) Environmental inspectors appointed under this article shall
notwithstanding any other law have the right to assist the police in
the conduct of prosecution for offences under this Act and to plead
the case on behalf of the prosecution.
Compromise 
penalty.
26. Where before criminal proceedings have been instituted in
connection with any offence under this Act, the offender pays to
the Fund established under Part VIII of this Act, such sum as may
be agreed with the Authority, not being a sum higher than the fine
to which the offence is liable, all such person's criminal liability
with respect to that offence shall be extinguished:
Provided that the agreement to pay to the Fund a
compromise penalty shall not extinguish any civil liability to make
good any damages to any person or authority and any liability
arising under article 24.
PART XI
Miscellaneous
Saving.
Act (Chapter 348 of the Laws of Malta) * , hereinafter referred to as
''the repealed Act'' shall until its expiration or revocation under this
Act be deemed to have been issued under this Act.
(2) Regulations made under the repealed Act shall be deemed
to have been made under the provisions of this Act and shall
continue in force and may be amended, substituted or revoked
accordingly.
Transitory 
provisions.
28. The provisions of article 10(2) shall apply to regulations
made by the Minister under article 9 in the period up to three
*Repealed by this Act.
18 g CAP. 435. ENVIRONMENT PROTECTION
months following the coming into force of this Act, and the
provisions of article 10(3) and (4) shall apply to regulations made
in that period in the same manner as they apply to any regulations
to which article 10(2) applies.
