ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 1
SUBSIDIARY LEGISLATION 356.09
ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS
11th September, 2001
LEGAL NOTICE 204 of 2001.
ARRANGEMENT OF REGULATIONS
Regulations
Part I General Provisions 1 - 2
Part II Types of Environmental Impact Assessment 3 - 8
Part III Full Environmental Impact Assessment
(requiring an Environmental Impact Statement) 9 - 32
Part IV Limited Environmental Impact Assessment
(requiring an Environmental Planning Statement) 33
Part V Transboundary Effects 34
Part VI Register of Consultants 35 - 42
Part VII Enforcement 43
Part VIII Miscellaneous Provisions 44
First Schedule - Projects that require an Environmental Impact
Statement or an Environmental Planning
Statement
Second Schedule - Form of notice of an Environmental Impact
Assessment to be used for newspaper
advertisement and site notice by an applicant
who submits an Environmental Impact
Statement or an Environmental Planning
Statement
Third Schedule - Schedule of Fees for Registration as an
Environmental Impact Assessment Consultant
2 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
PART I
GENERAL PROVISIONS
Citation and 
commencement .
1. (1) The title of these regulations is the Environmental
Impact Assessment Regulations.
(2) These regulations shall come into force on the date of
publication of these regulations, other than Part VI, regulations 35
to 42 inclusive, which shall come into force on such date as the
Minister for Home Affairs may by notice in the Gazette appoint,
and different dates may be so appointed for different provisions and
different purposes of these regulations.
Interpretation. 2. (1) In these regulations, unless the context otherwise
requires:
"agency of Government" means a body corporate established by
law and a company in which the Government or such body
corporate, or a combination thereof, has a controlling interest or
which is a subsidiary of such a company; but does not include the
Authority;
"aquifer" means all underground freshwater-bearing strata
capable of yielding water, and includes groundwater reservoirs,
groundwater catchment areas, the waters in geological rock
formations, including fissures and fractures, and the structures
containing deep fossil waters;
Cap. 356. "the Act" means the Development Planning Act;
"affecting" means will or may have an effect on;
"applicant" means any applicant seeking development
permission and includes a department and an agency of
Government;
"archaeology" means the study of ancient cultures by the
excavation and analysis of physical remains;
"the Authority" means the Planning Authority established under
article 3 of the Act and includes any body or other person acting on
its behalf under powers delegated by the Authority under the Act;
"certificate" means a certificate of registration issued according
to the provisions of regulation 35(4);
"Committee" means the Inter-departmental Planning Committee
established under article 38(3) of the Act;
"consultant" has the same meaning as is assigned to an
environmental impact assessment consultant in regulation 35(3);
"consultees" means departments and agencies of Government,
local councils or any other body which the Director of Planning
might request the consultants to consult;
"contributors" means technical experts that give minimal input to
the environmental impact assessment process but do not in any way
assess the impacts of the project;
"co-ordinator" means an environmental impact assessment
consultant who possesses the appropriate qualifications and has
knowledge and training in environmental impact assessment
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 3
techniques and methods and who is co-ordinating the preparation of
an environmental impact assessment, preparing the coordinated
assessment and writing the relative environmental impact statement
or environmental planning statement, as the case may be;
"conservation" means the management or control of human use
of a natural resource or the environment in such a manner that it
may yield the greatest sustainable benefit to present generations
whilst maintaining its potential to meet the needs and aspirations of
future'generations; and includes preservation, maintenance,
sustainable utilisation, restoration, rehabilitation, reinstatement and
enhancement of a natural resource or the environment;
Cap. 363.
"council" has the same meaning as is assigned to it by article 2 of
the Local Councils Act;
"cultural heritage" means:
( a ) monuments - being architectural works, works of
monumental sculpture and painting, elements or
structures of an archaeological nature, inscriptions,
cave dwellings and combinations of features;
( b ) groups of buildings - being groups of separate or
connected buildings or the spaces between them,
singular buildings or their immediate surroundings
which are to be conserved because of their
architectural character, their homogeneity or their
place in the landscape;
( c ) sites - being works of man or the combined works of
nature and of man, and areas including archaeological
sites which are of value from the point of view of
history, art, science, culture, aesthetics, ethnography,
anthropology and includes also their surroundings;
"cumulative impact" means the contained effect on the
environment of two or more projects, or parts of projects, including
synergistic effects;
"Department" means the Environment Protection Department;
"department of Government" means any department or other
authority of the Government, any Minister or Parliamentary
Secretary, any public officer and any member of, employee or
agent of, an authority as aforesaid; but does not include an agency
of Government;
"developer" means that person who applies for development
permission for a public or private project;
"development" has the same meaning assigned to it by article
30(2) of the Act;
"development permission" means a permission to carry out
development granted by the Authority either on an application in
that behalf or in a development order;
"development order" means an order made under and for the
purpose of article 31 of the Act;
"Director of Planning" means the Director of Planning appointed
4 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
under article 6 of the Act and includes any person acting on his
behalf or under his authority;
"Director of the Department" means the Director of the
Environment Protection Department and includes any person or
body of persons acting on his behalf or under his authority;
"ecology" means the study of the interactions of living organisms
with other individuals of their own or of different species, and with
their environment;
"ecosystem" means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment
interacting as a functional unit;
"effects" include:
( a ) direct effects, which are caused by an action;
( b ) indirect effects, which are caused by an action or
actions and are later in time or further removed in
distance, but are still reasonably foreseeable; and
includes growth-regulating effects and other effects
related to induced changes in the pattern of land use,
population density or growth rate, and related effects
on air and water and other natural systems including
ecosystems;
( c ) ecological effects (including the effects on natural
resources and on the components, structures, and
functioning of affected ecosystems);
( d ) aesthetic, historic and cultural effects, whether direct,
indirect, or cumulative;
( e ) socio-economic effects (including impacts on incomes,
employment, foreign exchange, recreational and
educational opportunities, social structure, culture,
health, safety, transport and general amenity), whether
positive or negative, direct or indirect through the
generation of environmental impacts;
( f ) those effects resulting from actions which may have
both beneficial and detrimental effects, even if on
balance the consultants believe that the effect will be
beneficial;
( g ) secondary, cumulative, short, medium and long term,
permanent, temporary, positive and negative effects;
"environment" includes any one of, more of, or a combination of
the following:
( a ) air, land and water;
( b ) plant and animal life;
( c ) social, economic and cultural conditions;
( d ) any man-made development;
( e ) any solid, liquid, gases, odour, heat, light, sound,
vibration and radiation;
( f ) any natural resource; and
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 5
( g ) any part or combination of the foregoing and the
interrelationship between any two or more of them;
"environmental impact assessment" means the process of
identifying, predicting, evaluating and mitigating the biophysical,
social, economic and other relevant effects of proposed projects
and physical activities prior to major decisions and commitments
being made;
"environmental impact statement" means the result of a full
environmental impact assessment study presented as a report which
describes a development listed in Category I of the First Schedule
and its effects on the environment indicating how these effects have
been taken into account;
"environmental interference" means any impairment of living
resources, ecosystems, human well-being (including health, safety,
cultural, commercial, transportation, recreational and educational
activity), material property, amenities or other legitimate uses of a
natural resource or the environment, caused, directly or indirectly,
by man through polluting substances, ionising radiation, noise,
explosions, vibration or other forms of energy, or movement of
matter, flora, fauna, diseases, flooding, smothering or other similar
means and includes the suppression of all those factors sustaining
the environment;
"environmental planning statement" means the result of a limited
environmental impact assessment study presented as a report which
describes a development listed in Category II of the First Schedule
and its effects on the environment indicating how these effects have
been taken into account;
"environmental survey reports" means the original technical
studies prepared by the consultants for particular aspects of the
environmental impact assessment (for example, ecology, emissions
to air, archaeology, etc.);
"fauna" means all types of animals;
"flora" means all types of vegetation;
"geology" means the science of the earth’s crust, strata and
origin of its rocks;
"habitat" means that set of locations that satisfy the resource
requirements of a species and where it can fulfill its ecological
role;
Cap. 435.
"hazardous waste" has the same meaning as is assigned to it in
the Environment Protection Act or under regulations made under
the said Act or under any other law or regulations which may from
time to time replace the said Act;
"human environment" includes the natural and physical
environment and the relationship of people (including employees,
neighbours, consumers, and tourists) with that environment;
impacts" has the same meaning as is assigned to the word
"effects" in these regulations;
"junior impact assessor" means an environmental impact
6 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
assessment consultant who possesses the required qualifications in
a particular environmental discipline but lacks experience and
knowledge in environmental impact assessment techniques and
methods;
"landscape" means the characteristics, patterns, forms and
structures of the environment, including the traits, patterns, forms
and structures of a specific geographic area, its biological
composition, its physical environment, its geology, its
geomorphology, its palaeontology, its lithostratigraphy and its
anthropogenic and social patterns;
Cap. 363.
"locality" has the same meaning as is assigned to it by article 2 of
the Local Councils Act; 
"mitigation" includes:
( a ) avoiding the impact altogether by not taking a certain
action or part of an action;
( b ) minimizing negative impacts by limiting the degree or
magnitude of the action and its implementation;
( c ) maximizing the positive impacts of developments;
( d ) rectifying the impact by repairing, rehabilitating, or
restoring the affected environment;
( e ) reducing or eliminating the impact over time by
conservation operations during the life of the action;
( f ) compensating for the impact by replacing or providing
substitute resources or environments;
"natural environment" means:
( a ) natural features consisting of physical and biological
formations or groups of such formations;
( b ) geological and physiographical, geomorphological,
lithostratigraphical, palaeontological and hydrological
formations and precisely delineated areas which
constitute the habitat of threatened species of flora and
fauna;
( c ) natural sites or precisely delineated areas of value
from the point of view of science, scenic value,
conservation or natural beauty;
"pollution" means the introduction by man, directly or indirectly,
of any substance or energy into the environment resulting in
deleterious effects of such a nature as to endanger human health,
harm living resources, ecosystems and material property, and
impair amenities or interfere with other legitimate uses of the
environment;
"precautionary principle" means the adoption of, or taking of
preventative measures when there are reasonable grounds for
concern that threats of serious or irreversible damage to the
environment might occur even if there is a lack of scientific
certainty; provided that such uncertainty shall not be used as a
reason for postponing measures to avoid, reduce, prevent,
anticipate or control such threats or damage to the environment;
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 7
"project" means the proposed development for which a
development permission is being sought;
"project description statement" means a description of the site
and the proposed development in sufficient detail to identify the
likely effects on the environment and their acceptability under
specific policies contained in the Structure Plan and other
development plans and in planning policies;
"protected sites and areas" means:
( a ) any property scheduled under the provisions of article
46 of the Act;
( b ) any property which, though not being scheduled
property under the provisions of articles 46 and 48 of
the Act, is protected under the provisions of article 47
of the Act by an emergency conservation order;
( c ) any tree scheduled under the provisions of article 48 of
the Act;
Cap. 435.
( d ) any area, building, site or archaeological remains
protected under the provisions of toe Environment
Protection Act, or any other law which may from time
to time replace it;
Cap 445.
which is protected according to the provisions of that
Act or of any other law which may from time to time
replace it;
( f ) any urban conservation area designated under the
Structure Plan and any other development plan;
( g ) any rural conservation area designated under the
Structure Plan and any other development plan;
( h ) any village core area designated under the Temporary
Provisions Schemes; and
( i ) any other objects, areas or sites which are protected
under the provisions of any other law;
"Register" means the Register of Environmental Impact
Assessment Consultants established under regulation 35(1);
"Registration Board" means the Registration Board established
under regulation 36(1);
"scoping" means the process of identifying key issues,
significant actions, alternatives and impacts to be considered in an
environmental impact assessment;
"senior impact assessor" means an environmental impact
assessment consultant who possesses the required qualifications in
a particular environmental discipline and knowledge of and
experience in environmental impact assessment techniques and
methods;
"significantly" requires considerations of both context and
intensity:
( a ) context - this means that the significance of an action
8 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
shall be analysed in several contexts such as society as
a whole, the surroundings of the project, the affected
interests, the site of the project and the distribution of
relevant features of archaeological, ecological,
scientific, hydrological, geological and scenic value;
( b ) intensity - this means the severity of impact and the
following elements shall be considered in evaluating
intensity:
(i) impacts that may be beneficial, adverse or
neutral;
(ii) the degree to which the project affects public
health or safety;
(iii) unique or otherwise rare or valuable
characteristics of the geographic area which
affect its relationship with the natural
environment and the cultural heritage;
(iv) the degree to which the project affects the
quality of the human environment;
(v) the degree to which the possible effects on the
human environment are uncertain or involve
unique or unknown risks;
(vi) the degree to which the action may establish a
precedent for future actions with potentially
significant effects or represents a decision in
principle about a future consideration;
(vii) whether the action is related to other actions
with individually insignificant but cumulatively
significant impacts;
(viii) whether the action threatens a violation of any
law or policy-making provision for the
protection of the environment;
(ix) whether the action is permanent or reversible;
Cap. 304.
"treaty" has the same meaning as is assigned to it in article 2 of
the Ratification of Treaties Act; 
"use of a natural resource" means any human conduct which,
directly or indirectly, takes advantage of the benefits of a natural
resource in the form of preservation, exploitation and possible
depletion, consumption or otherwise.
(2) The definition of any word or expression in subregulation
(1) shall extend to all grammatical variations and related
expressions of the word or expression so defined.
(3) Any word or expression used in these regulations which is
defined by article 2 of the Act shall have the same meaning as is
assigned to such word or expression by that article of the Act.
PART II
TYPES OF ENVIRONMENTAL IMPACT ASSESSMENT
Environmental 
impact assessment.
3. (1) The Planning Authority and the Environment
Protection Department shall be the responsible competent
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 9
authorities for performing the duties as set out in these regulations.
(2) An environmental impact assessment is intended to
identify, describe and assess in an appropriate manner, in the light
of each individual proposal for development and in accordance
with the provisions of these regulations, the direct and indirect
effects of that development on the following factors:
( a ) fauna and flora, and the living components of the
environment;
( b ) soil, water, air, climate, the landscape, and the non-
living components of the environment;
( c ) the interaction between the factors mentioned in
paragraphs ( a ) and ( b );
( d ) material assets and the cultural heritage; and
( e ) human beings and their interactions with the factors
mentioned in paragraphs ( a ) to ( d ).
(3) An environmental impact assessment, depending on the
type of the development, shall take one of the following forms:
( a ) either a full environmental impact assessment; or
( b ) a limited environmental impact assessment.
(4) Any development listed under Category I of the First
Schedule shall require a full environmental impact assessment by
the preparation of an environmental impact statement; unless the
Authority refuses permission as stated in regulation 4(2).
(5) Subject to subregulation (6) any development listed under
Category II of the First Schedule shall require a limited
environmental impact assessment by the preparation of an
environmental planning statement, unless the Authority refuses
permission as stated in regulation 4(2).
(6) The Director of Planning may require the applicant, in the
case of any application for development permission concerning a
development which is not included in Category I of the First
Schedule (even though such development may be included under
Category II of the First Schedule) to prepare a full environmental
impact statement if he is of the opinion that significant impacts are
likely to occur and a normal planning application or an
environmental planning statement do not provide an adequate basis
for evaluating such development.
(7) Notwithstanding the provisions of subregulations (4), (5)
and (6) and subject to subregulation (8), the Director of Planning
may require the applicant, in the case of any application for a
development permission concerning a development which is not
included in Categories I or II of the First Schedule, to prepare an
environmental impact statement or an environmental planning
statement if the Director of Planning is of the opinion that
significant impacts are likely to occur because of factors such as
nature, scale and location of the proposal, and a normal
development permission application would not provide an adequate
basis for evaluating such development.
10 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
(8) Notwithstanding the provisions of subregulation (5), the
Director of Planning in agreement with the Director of Department
may exempt an applicant from preparing a limited environmental
impact assessment notwithstanding that the development is one
which is listed in Category II of the First Schedule if he is of the
opinion that the project description statement presented with the
application under the provisions of regulation 5(1), has considered
environmental issues in a sufficient manner such that the
preparation of a limited environmental impact assessment would
not add any new information and the Planning Authority has all the
necessary information to determine the application. In such a case,
a detailed justification as to why a limited environmental impact
assessment was not requested shall be provided and shall be made
public.
Refusal of 
development 
permission where 
no environmental 
impact assessment 
is prepared.
4. (1) Subject to regulation 3(8), no development permission
shall be granted by the Authority authorising any development
listed in the First Schedule if no environmental impact assessment
has been submitted to the Authority according to the provisions of
these regulations.
(2) Subject to regulation 3(8), the Authority shall refuse
development permission in the case of a development that would
otherwise require an environmental impact assessment, even
though no environmental impact assessment has been submitted to
the Authority according to the provisions of these regulations:
( a ) where the development is clearly against any approved
development plan or planning policy; or
( b ) where the development is likely to compromise the
preparation of a development plan in the foreseeable
future; or
( c ) where the effects of a development project are clear
and easily understood; or
( d ) if the project description statement indicates that the
proposed development will have unacceptable
environmental impacts.
Project description 
statement.
S.L.356.01
5. (1) Without prejudice to the provisions of regulation 3 of
the Development Permission (Method of Application) Regulations
and in addition to the requirements mentioned in subregulation (2)
of that regulation, an application for development permission
concerning any development listed in the First Schedule shall be
accompanied by a project description statement.
(2) If an application for development permission is not
accompanied by a project description statement as provided in
subregulation (1) and, in the opinion of the Director of Planning,
such application is one which requires an environmental impact
assessment, the Director of Planning shall inform the applicant that
his application requires an environmental impact assessment and
that in terms of article 36(3) of the Act, the period of time
mentioned in article 36(1) of the Act for the determination of the
application shall be suspended until the applicant furnishes the
Authority with a project description statement in terms of
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 11
subregulation (1).
(3) A project description statement shall contain the following
information:
( a ) details of the person wishing to carry out the
development;
( b ) an explanation of the nature of the opportunities and
problems being addressed by the development, and of
its general economic, social and environmental
objectives;
( c ) a description of the general strategy employed, and of
the production processes and operational methods to
be used, and any alternative methods considered, in
reaching the social, environmental and economic
objectives of the development;
( d ) an indication of the proposed timing of the project and
why this timing was preferred;
( e ) an indication of whether the project is economically
viable;
( f ) the location of the proposed development with site
boundaries clearly shown on a map;
( g ) a brief indication of the alternative uses and locations
considered, including suitable alternative locations
and sites for the proposed development and alternative
uses or arrangement of land uses, on the proposed site;
( h ) a description of the physical characteristics including
size, scale, design and phasing of the development
using models, photographs, diagrams, plans and maps
where appropriate;
( i ) a description of present land uses and environmental
characteristics of the site;
( j ) a brief description of surrounding land uses, their
nature, their extent and their environmental
characteristics;
( k ) a description of the services, water, foul water sewers,
surface water drainage, including storm water
drainage, and energy sources available on site;
( l ) estimates of the number of persons to be employed
with estimates for each phase of the development;
( m ) the nature and quantities of raw materials to be used,
and wastes generated during construction and
operation; the proposed method of storage or handling
of materials and wastes, and machinery needed during
both the construction and the operational phases;
( n ) access arrangements, parking requirements and
parking arrangements on and off the site, during both
construction and operation;
( o ) proposals for mitigating the negative effects of the
development.
12 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
Screening. 6. (1) After the project description statement, which shall be
in conformity to regulation 5, is submitted by the applicant to the
Authority, the Director of Planning shall decide whether the
development is one which is included under regulation 3(3) to (8)
or regulation 4.
(2) The Director of Planning shall inform the applicant of his
decision not later than four weeks after the project description
statement prepared in confornuty with regulation 5 has been
received by the Authority and shall give reasons for his decision.
(3) Once the Director of Planning notifies the applicant that his
application requires an environmental impact assessment according
to the First Schedule, the applicant shall, within thirty days of
notification, write to the Director of Planning to inform him that he
accepts his views and shall provide an environmental impact
assessment within a time period to be specified by the applicant.
(4) Until the applicant furnishes an environmental impact
assessment which complies with the provisions of these
regulations, the period of time mentioned in article 36(1) and (2) of
the Act for the deternunation of the application shall be suspended.
The said periods shall again commence to run from the date on
which the Authority has received the environmental impact
statement or environmental planning statement, as the case may be,
and the Authority has accepted this statement as being a valid
submission in accordance with regulation 26(4).
(5) If the applicant does not write to the Director of Planning in
accordance with subregulation (3), the application shall be
processed according to the provisions of regulation 4(1).
Informing 
departments and 
agencies of 
Government of the 
need for an 
environmental 
impact assessment.
7. (1) After the expiration of the period mentioned in
regulation 6(3), the Director of Planning shall inform the Director
of the Department, and such departments and agencies of
Government which he deems proper, of the receipt of an
application for development permission whether with or without a
project description statement and that such development requires
the preparation of an environmental impact statement or an
environmental planning statement, as the case may be.
(2) The Director of Planning shall also inform the applicant in
writing of the names and addresses of the departments and agencies
so notified.
(3) The departments and agencies so notified shall, if requested
by the applicant, enter into consultation with him to determine
whether they have in their possession any information which the
applicant or they consider relevant to the preparation of an
environmental impact statement or an environmental planning
statement and, if they have such information, such departments and
agencies of Government shall make it available to the applicant,
provided that such departments and agencies of Government shall
not be required to disclose any information which, in terms of any
law, is considered to be confidential or secret.
(4) A reasonable charge reflecting the cost of making the
relevant information available may be made by a body supplying
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 13
information sought by the applicant, in accordance with
subregulation (3).
(5) After the expiration of the period mentioned in regulation
6(3), the Director of Planning shall publish, in the Gazette and in a
local newspaper, a list of applications that require an environmental
impact assessment according to regulation 3(4), (5), (6) or (7).
Managing the 
preparation of an 
environmental 
impact assessment.
8. (1) The applicant shall be responsible for commissioning
an environmental impact statement or an environmental planning
statement in accordance with the provisions of regulation 10 or
regulation 33, as the case may be.
(2) The Director of Planning and the Director of the
Department shall provide the applicant with an advisory and
quality control function.
(3) If the applicant so wishes, the Director of Planning and the
Director of the Department shall also issue a call for tenders on
behalf of the applicant for the carrying out of an environmental
impact statement or an environmental planning statement. The
tender shall be awarded to that consultancy group that presents the
most appropriate team of registered consultants for the job in
question, giving due consideration to the tender price. The final
decision shall lie with the applicant who shall also provide the
necessary payments once the consultants are approved by the
Director of Planning and the Director of the Department.
(4) Without prejudice to the provisions of subregulation (1), in
cases where more than one development permission application
requiring an environmental impact assessment are being considered
in the same locality, the Director of Planning may request that one
environmental impact statement or environmental planning
statement, as the case may be, be carried out for the projects in
question and that the expenses involved in carrying out the
environmental impact assessment shall be split proportionately
among the different applicants in relation to the size of the area of
their respective development.
PART III
FULL ENVIRONMENTAL IMPACT ASSESSMENT
(requiring an Environmental Impact Statement)
Setting terms of 
reference for an 
environmental 
impact statement.
9. (1) Prior to formulating the terms of reference for the
environmental impact statement, an appraisal of all foreseeable (or
expected) environmental impacts of the development shall be
carried out by the Director of Planning and the Director of the
Department on the basis of, but not limited to, information
contained in the project description statement.
(2) The Director of Planning shall invite relevant government
departments and local councils where the development is planned,
to provide information, within twenty-one days of notification, on
what they wish to see included in the terms of reference.
(3) The Director of Planning shall place an advert in a local
newspaper, at the expense of the applicant, inviting the general
public to inform him, within twenty-one days of publication of the
14 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
advert, of issues that they would wish to see included in the terms
of reference. The Director of Planning, in agreement with the
Director of the Department, may also convene a public meeting,
prior to the setting of the terms of reference, when it is considered
that the proposed project is of major significance because of its
scale, location, hazardous properties or other reasons. The cost of
such a meeting shall be borne by the applicant.
(4) Following these consultations the Director of Planning
shall draw up the final terms of reference in agreement with the
Director of the Department.
(5) The Director of Planning shall communicate a copy of the
approved terms of reference to the applicant, to the applicant’s
architect or consultants and to such other persons he deems proper.
(6) The Director of Planning shall grant access to the public to
the final terms of reference of an environmental impact statement.
Commissioning an 
environmental 
impact assessment.
10. (1) An environmental impact statement shall be prepared
by consultants registered under Part VI of these regulations.
(2) The applicant shall select the consultants to prepare an
environmental impact statement from the Register and shall
communicate the names of the consultants so chosen to the Director
of Planning.
Functions of an 
environmental 
impact assessment 
co-ordinator.
11. (1) The environmental impact assessment coordinator
nominated by the applicant shall be chosen from among the
environmental impact assessment coordinators listed in the
Register of Consultants in terms of Part VI of these regulations.
(2) The coordinator shall be responsible for briefing the other
consultants, liaising with the applicant and his project design team,
the Director of Planning, the Director of the Department, other
departments and agencies of Government, and the local council
with responsibility for the locality in which the development is
being proposed to be executed, and adjacent local councils if the
nature or impacts of the project are such that they may affect them.
(3) The coordinator shall prepare a coordinated environmental
statement based on the findings and interpretations derived from
specialized analyses carried out by the other consultants, other
studies and documents compiled by the consultants and the
comments made by the persons mentioned in regulation 21(3).
Functions of the 
Director of the 
Department.
12. The Director of the Department shall perform the
following functions:
( a ) to provide advice to the Director of Planning whenever
a development is exempted from the preparation of an
environmental impact assessment in terms of
regulation 3(8);
( b ) to approve, in conjunction with the Director of
Planning, the participation of consultants and
contributors in the environmental impact assessment
process;
( c ) to provide the consultants preparing the environmental
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 15
impact assessment with any advice regarding
environmental issues. All correspondence with the
consultant shall be forwarded to the Director of
Planning;
( d ) to participate in the scoping process and in the drawing
up of the terms of reference for an environmental
impact assessment in conjunction with the Director of
Planning;
( e ) to certify whether the environmental impact
assessment has been properly prepared and is an
unbiased reflection of the impacts to be expected from
the development;
( f ) to advise on official consultations appropriate to the
preparation of the environmental impact statement;
( g ) to arrange public meetings on the draft environmental
impact statement;
( h ) to advise the Director of Planning on mitigation
measures required to minimise negative impacts of the
proposed development;
( i ) to monitor and assess the relevance and adequacy of
environmental impact assessments; and
( j ) to promote knowledge and practice of environmental
impact assessment techniques and methods.
Procedures to be 
followed in the 
preparation of a 
full environmental 
impact assessment.
13. A full environmental impact assessment for development
listed under Category I of the First Schedule shall involve the
following procedures:
( a ) describing the development including all ancillary
facilities;
( b ) describing the extent of the existing environment
likely to be affected by the proposed development;
( c ) identifying and assessing the effects of the proposed
development on the existing environment;
( d ) designing mitigation measures;
( e ) formulating monitoring and auditing requirements;
and
( f ) preparing a non-technical summary of the
environmental impact statement.
Description of the 
proposed 
development 
project.
14. (1) The consultants shall describe the proposed
development including:
( a ) justification for the proposal;
( b ) a description of the physical characteristics and
features of the project including production processes
(if relevant) and amounts of emissions, wastes and
residues expected during both construction and
operation;
( c ) a description of the financial feasibility of the project.
16 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
A description of alternative sites considered, and
alternative technologies that could be employed during
construction and when in operation, shall also be
included. In doing so, they may also refer to the
project description statement mentioned in regulation
5.
(2) Without prejudice to article 39 of the Act, where the
proposed development has a limited life, the after use of the
development shall also be described.
Description of 
existing 
environment.
15. The consultants shall describe the existing environmental
conditions in and around the site in terms of:
( a ) physical features:
(i) population;
(ii) flora, fauna and ecosystems (terrestrial and
marine), including both habitats and species and,
in particular, protected and endangered species
and their habitats;
(iii) soil, agricultural quality and produce;
(iv) geology and geomorphology, including
palaeontology and noting geological sites;
(v) water and hydrological features;
(vi) air, including prevailing meteorological factors
and air quality;
(vii) cultural heritage and protected sites and areas;
(viii) landscape and topography, including the coast
and submarine features;
(ix) land use, including recreational uses; and
(x) any other relevant environmental features;
( b ) policy framework:
Cap. 435.
(i) the planning policy framework which affects the
development shall also be analysed. Such
analysis shall include the relevant planning
policies set out in the Act, in development plans
and in other planning policies approved under
the provisions of the Act, the Environment
Protection Act, or under any other law;
(ii) in particular, but without prejudice to the
generality of paragraph ( a ), the policy review
shall relate to:
( a ) the site of the proposed development;
( b ) the surrounding areas in which impacts may
be experienced by the proposed
development;
( c ) any treaty adhered to by Malta;
( d ) policies adopted by any department and
agency of the Government which might
have a bearing on the development;
( e ) protective scheduling or other designations
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 17
pertaining to the site and its surroundings;
and
( f ) any other law having a bearing on the
development.
Assessment of 
effects of the 
development.
16. (1) The probable effects, both of the finished development
and during construction, shall be predicted.
(2) All significant impacts of the proposed development shall
be considered and assessed including the main effects on:
( a ) buildings and other man-made features (including
infrastructure);
( b ) flora, fauna, ecology and geology including
geomorphology and palaeontology;
( c ) land;
( d ) water;
( e ) air and climate;
( f ) other indirect and secondary effects associated with
the development;
( g ) human beings (including health and safety measures).
(3) Hazard and risk assessment of the development shall also
be undertaken.
(4) If any of the effects assessed in subregulations (1) to (3) are
envisaged to have transboundary impacts, these should be assessed
and clearly stated in the environmental impact statement.
Provisions dealing with such impacts shall follow the procedures
set in Part V of these regulations.
Mitigation 
measures.
17. Where adverse effects are identified, the consultants shall
state clearly what significance they attribute to these effects and the
mitigation measures they propose to be incorporated in the
development and evaluate their effectiveness.
Monitoring 
requirements.
18. (1) The consultants shall devise a scheme to monitor the
impacts of the development which may arise during the
construction and operational phases.
(2) The consultants shall, subject to approval being granted by
the Director of Planning and the Director of the Department, also
identify which records the applicant shall keep for the purpose of
monitoring the environmental impacts of the development.
(3) The Authority and the Department shall have access to any
such records both during the construction and operational phases of
the development.
Modification of the 
specific terms of 
reference set for 
each 
environmental 
impact assessment 
by the Authority.
19. (1) Notwithstanding the provisions of regulations 13 to
18, the Director of Planning may, in agreement with the Director of
the Department, modify the specific terms of reference set out for
an environmental impact assessment in these regulations according
to the planning and environmental considerations of each and every
development.
(2) Any amendments to the terms of reference shall be
18 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
communicated to all government departments and local councils
consulted in terms of the provisions of regulation 9(2).
(3) The Director of Planning shall grant access to the public to
any amended terms of reference according to the provisions of
regulation 9(6).
Draft 
environmental 
impact statement - 
contents.
20. (1) The consultants shall first prepare:
( a ) a draft environmental impact statement which shall:
(i) cover all the topics specified in the terms of
reference issued by the Director of Planning and
the Director of the Department;
(ii) be presented in an intelligible form;
(iii) be in the English language; and
( b ) contain a non-technical summary which shall be a
separate document presented in both the Maltese and
English languages.
(2) The analysis of the impacts on the environment shall be
presented in summary, chart, tabular or pictorial format and in a
descriptive manner.
(3) The various techniques and methods used in the analysis
and predictions shall be included in the environmental impact
statement. All assumptions and the reasoning behind such
assumptions shall also be included.
(4) The original environmental survey reports shall be attached
to the environmental impact statement.
(5) An indication of any difficulties, including technical and
other difficulties, encountered by the consultants in compiling the
required information shall also be included.
(6) All references to published works and sources of
information shall be duly acknowledged.
(7) The various reports constituting the environmental impact
statement shall be written in co-ordination with one another and
shall be presented in a coherent manner.
(8) The consultants shall ensure the professional integrity,
including scientific integrity, of the discussions and analyses in
environmental impact statements.
(9) Where the consultants are evaluating reasonably
foreseeable significant adverse effects on the environment and
there is incomplete or unavailable information, the consultants
shall always make clear that such information is lacking or
incomplete.
(10) If the incomplete information referred to in subregulation
(9) is essential to a reasoned choice among alternatives and the
overall costs of obtaining it are not exorbitant, the consultants shall
include the information in the environmental impact statement.
(11) If the information relevant to reasonably foreseeable
significant adverse impacts cannot be obtained because the overall
costs of obtaining it are exorbitant or the means to obtain it are not
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 19
known, the consultants shall include within the environmental
impact statement:
( a ) a statement that such information is incomplete or
unavailable;
( b ) a statement of the relevance of the incomplete or
unavailable information to evaluating reasonably
foreseeable significant adverse impacts on the
environment;
( c ) a summary of existing credible scientific evidence
which is relevant to evaluating the reasonably
foreseeable significant adverse impacts on the
environment; and
( d ) the consultants’ evaluation of such impacts based upon
theoretical approaches or research methods generally
accepted in the scientific community.
(12) For the purposes of this regulation, "reasonably
foreseeable" includes impacts which have major or catastrophic
consequences, even if their probability of occurrence is low,
provided that:
( a ) the analysis of the impacts is supported by credible
scientific evidence;
( b ) it is not based on pure conjecture; and
( c ) is within the rule of reason.
(13) Wherever the available information is deemed by the
Director of Planning to be insufficient for acceptable determination
of the application and wherever the risk factor or hazard factor or
both are deemed to be too high, he shall, notwithstanding
subregulations (1) to (4), adopt the precautionary principle.
Consultation stage.
statement and before preparing a final environmental impact
statement, a consultation stage shall take place.
(2) The consultants shall submit copies of the draft
environmental impact statement to the Director of Planning and to
the Director of the Department and a copy or part thereof to any
other department or agency of Government as the Director of
PIanning might request. The consultants shall inform the Director
of Planning of the name of every body whom they have so served,
of the date of service and, where they have not served a copy of the
whole of the draft environmental impact statement, of which part of
the copy that was served.
(3) The Director of Planning shall also request the comments of
the Director of the Department and of any other department and
agency of Government which he may deem relevant for the
purpose.
(4) The Director of Planning shall establish a time limit within
which the comments mentioned in subregulation (3) shall be
received by him. Such time limit shall not be less than thirty days
from the date of receipt of the draft environmental impact statement
20 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
by the respective department or agency of Government. Should no
comments be received within the stipulated period the Director of
Planning shall assume that the consultees have no comments to
submit.
(5) Comments on the draft environmental impact statement
shall be as specific as possible and may address the adequacy of the
draft environmental impact statement, the merits of the alternatives
discussed, or any combination thereof.
Review of the draft 
environmental 
impact statement.
22. (1) The draft environmental impact statement shall be
reviewed by the Director of Planning and the Director of the
Department and shall be assessed against the terms of reference,
the quality of the data used and the objectivity of analysis for the
prediction of impacts. Comment may also be made on the
suitability of the mitigation measures proposed and on any other
matter that is deemed by the Director of Planning or the Director of
the Department to be relevant.
(2) The Director of Planning and the Director of the
Department shall specify in their comments whether they need
additional information, what information they need and, where
relevant, the level of detail required. The Director of Planning may
require an applicant to produce such evidence as he may reasonably
call for to verify any information in his environmental impact
statement.
(3) On completion of the consultation stage and of this review
the Director of Planning shall send a report incorporating these and
other comments, including any mitigation measures he may deem
fit, to the consultants for their consideration and revision of the
draft environmental impact statement.
Revision of the 
draft 
environmental 
impact assessment.
23. (1) The consultants shall respond to the comments made
during the consultation stage by one or more of the following
means:
( a ) develop and evaluate alternatives not previously given
serious consideration by them;
( b ) supplement, improve, or modify their assessment;
( c ) modify alternatives, including the proposed action;
( d ) make factual corrections; or
( e ) explain why the comments do not warrant further
response by them citing the sources, authorities, or
reasons which support the consultants’ position.
(2) All substantive comments received on the draft
environmental impact statement (or summaries thereof where the
response has been exceptionally voluminous) shall be attached to
the draft environmental impact statement whether or not the
comment is thought to merit individual discussion by the
consultants in the text of the environmental impact statement.
Certification of the 
environmental 
impact statement.
24. (1) On receipt of the consultant’s comments or revisions,
in accordance with regulation 23, the Director of Planning shall
review the draft environmental impact statement as amended and
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 21
request the Director of the Department to certify it.
(2) The Director of the Department shall consider whether the
statement has been satisfactorily compiled, prepared in a
professional manner, is without bias and adequately meets the
terms of reference. If he is satisfied with the statement he shall
certify it accordingly and inform the Planning Authority, the
consultants and all the consultees.
(3) If the Director of the Department does not issue a
certificate as mentioned in subregulation (2), the Authority shall
refuse to accept the statement until the consultants would have
abided by the directions given to them by the Director of the
Department.
(4) On certification of the environmental impact statement by
the Director of the Department according to subregulation (2) of
this regulation, the applicant shall comply with subregultions (5),
(6), (7) and (8) of this regulation.
(5) The applicant shall publish in at least one daily newspaper
in the English language and in at least one daily newspaper
published in the Maltese language, a notice (as specified in the
Second Schedule) stating:
( a ) his name and that he is the applicant for development
permission;
( b ) the date on which the application was validated;
( c ) the address or location and the nature of the proposed
development;
( d ) that a copy of the application and of the plans and
other documents submitted with it together with a copy
of the draft environmental statement may be inspected
by members of the public at reasonable hours;
( e ) an address at which those documents may be inspected
and the latest date on which they shall be available for
inspection (being a date not less than fourteen days
later than the date on which the notice is published);
( f ) an address (whether or not the same as that given
under paragraph ( e )) at which copies of the
environmental statement may be obtained;
( g ) that copies may be obtained there so long as stocks
last;
( h ) if a charge is to be made for a copy, the amount of the
charge; and
( i ) that any person wishing to make representations about
the application, shall make them in writing, before the
date named in accordance with paragraph ( e ), to the
Planning Authority.
(6) The applicant shall affix on the land a notice (as specified
in the Second Schedule) containing the information specified in
subregulation (5), except that the date named as the latest date on
which the documents shall be available for inspection shall not be
less than twenty-one days later than the date on which the notice is
22 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
first affixed.
(7) The notice mentioned in subregulation (6) shall:
( a ) be left in position for the whole duration of the
consultation period specified in subregulation (6) and
in any case, for not less than seven consecutive days;
and
( b ) be affixed firmly to some object on the land and sited
and displayed in such a way as to be easily visible to,
and readable by, members of the public without going
on to the land.
(8) Following the elapse of the period specified in
subregulation (7), the applicant shall submit the following
documentation to the Planning Authority:
( a ) a copy of the notice mentioned in subregulation (5)
published in the newspapers mentioned in the said
subregulation; and
( b ) a certificate by or on behalf of the applicant which
states that he has affixed a notice on the land in
compliance with this regulation and when he did so,
and that the notice was left in position for not less than
seven days , or that, without any fault on his part, it
was removed, obscured or defaced before seven days
had elapsed and he took reasonable steps for its
protection or replacement specifying the steps taken.
(9) If any person issues a certificate which purports to comply
with the requirements of subregulation (8)( b ), and which contains a
statement which he knows to be false or misleading in a material
particular, or recklessly issues a certificate which purports to
comply with those requirements and which contains a statement
which is false or misleading in a material particular, he shall be
guilty of an offence and the provisions of article 56(1) of the Act
shall apply.
(10) A date for the public hearing required in terms of regulation
25 shall only be set once the applicant submits the documentation
required in subregulation (8).
Public hearing. 25. (1) After having certified the draft environmental impact
statement the Director of the Department shall arrange for a public
hearing to take place, at which concerned members of the public
may comment on the environmental impact statement and express
their views on the impact of the proposed development.
(2) The Director of the Department shall inform the public as
aforesaid and shall also inform the public of the day, time and place
where the public hearing shall take place by publishing a notice in
the Gazette and in the local newspapers. All reasonable expenses
incurred by the Director of the Department for organising the
public hearing and publishing the said notices shall be borne by the
applicant.
(3) At least fifteen days’ notice but not more than thirty days’
notice shall be given by the Director of the Department of the
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 23
public hearing.
(4) The Director of the Department shall inform the Director of
Planning, the consultants and the persons mentioned in regulation
21(2) and (3) of the date, time and place of the public hearing
giving at least fifteen days advance notice.
(5) A copy of the draft environmental impact statement shall be
made available for public inspection at the Department and the
Authority, and may be inspected throughout the period stipulated in
subregulation (3) on such days and during such times as the
Director of the Department and the Director of Planning deem
proper.
(6) A copy of the draft environmental impact statement shall be
submitted to the local council which is responsible for the locality
where the development will be executed and adjacent local
councils, if affected, so that it may be made available for public
inspection throughout the period stipulated in subregulation (3).
(7) The Director of the Department shall chair and regulate the
proceedings of the public hearing according to such procedure as
he may deem fit, but he shall give every person present in the
hearing who wishes to make any submissions the opportunity to air
his views on the environmental implications of the proposed
development.
(8) The views of the public as expressed during the public
hearing and in any written comments made by the public before,
during or up to seven days after the public hearing, shall be
recorded by the Director of the Department. All the comments
received or recorded shall be collated into a report by the Director
of the Department. This report shall be forwarded to the Director of
Planning, to the applicant and to his consultants not later than two
weeks after the date of the public hearing. A summary of all the
comments shall be presented in an appendix to the final
environmental impact statement.
Submission of the 
final 
environmental 
impact statement to 
the Authority.
26. (1) Prior to the submission of the final environmental
impact statement to the Authority, the consultants shall further
revise the environmental impact statement and the proposed
development in the light of the written comments made by the
public and the comments made during the public hearing.
(2) The final environmental impact statement, including
environmental survey reports, as revised if so required, shall be
submitted by the co-ordinator to the Authority together with the
certificate mentioned in regulation 24(2).
(3) The consultants may place discussion of methodology in an
appendix.
(4) The applicant shall ensure that his application conforms to
the recommendations made in the environmental impact statement.
The application shall not be determined until the Director of
Planning is satisfied that the development application conforms to
the said recommendations and the provisions of article 36(3) of the
Act shall apply. If not, the Director of Planning shall request the
applicant to comply with the said recommendations.
24 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
(5) The co-ordinator shall submit such number of copies of the
environmental impact statement to the Director of Planning as the
latter may reasonably establish. The co-ordinator shall also submit
a copy to the Director of the Department.
(6) The Planning Authority shall be empowered to reproduce
the contents of the environmental impact statement, once this is
submitted, at its own discretion.
Sale of final 
environmental 
statements.
27. (1) An applicant for development permission who submits
an environmental statement in connection with his application shall
ensure that a reasonable number of copies of the statement are
available at the address named in the notices published or affixed
pursuant to regulation 24(5)( f ), as the address at which such copies
may be obtained.
(2) Copies of the final environmental impact statement shall be
made available for sale to interested persons by the Director of
Planning.
(3) The price of the said statement shall not exceed the cost of
their printing and distribution. Such charges shall be levied from
any member of the public for a copy of an environmental statement
made available in accordance with subregulation (1).
List of consultants. 28. (1) The environmental impact statement shall list the
registration number and the names of the consultants and
contributors responsible for the preparation of the environmental
impact statement, environmental survey reports, appendices, non-
technical summary and any other component of the statement.
(2) The consultants who are responsible for a particular
analysis, including analysis in the environmental survey reports,
shall be identified.
(3) All consultants and contributors employed in the
environmental impact assessment shall sign a declaration stating
that the particular study (or part thereof) was solely earned out by
them. This signed declaration shall be included with each
environmental survey report included with the environmental
impact statement.
Conflict of interest. 29. (1) In the interests of fairness, objectivity and the
avoidance of bias, all consultants shall be required to sign, and
abide by, a declaration that they have no personal or financial
interest in the proposed development.
(2) The Director of Planning and the Director of the
Department shall not approve consultants, groups of consultants or
consultancy firms that are in any way associated with any
company, association or grouping that has any direct or indirect
personal, professional or financial interest in the proposed
development.
(3) The Director of Planning and the Director of the
Department shall not approve any environmental impact statement
or environmental planning statement produced by a consultant or
group of consultants, one or more of whom does not comply with
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 25
the provisions of subregulations (1) or (2).
Incorporation by 
reference.
30. (1) Consultants shall incorporate material into an
environmental impact statement by reference when the effect will
be to cut down on bulk without impeding the review by the public
during the public participation process or by the Director of
Planning, the Authority, the Director of the Department, any
department and agency of Government, by the council which is
responsible for the locality where the development is to be
executed, or by adjacent councils.
(2) The incorporated material shall be cited in the statement
and its content briefly described.
(3) No material may be incorporated by reference unless it is
reasonably available for inspection by potentially interested
persons within the time allowed for comment prescribed under
regulation 21(4).
(4) Material which is based on proprietary data which is itself
not available for review and comment shall not be incorporated by
reference.
Identification of 
other permits the 
applicant might 
need if 
development 
permission is 
granted.
31. (1) The environmental impact statement shall list all
permits, licences and other forms of authorisation which must be
obtained by the applicant in terms of any other law from any
department or agency of Government in implementing the
development if development permission is granted.
(2) If the consultants are uncertain whether such authorisation
as mentioned in subregulation (1) is necessary, they shall so
indicate in the environmental impact statement.
Public reference 
room.
32. (1) The Authority shall keep a copy of each draft
environmental impact statement, the final environmental impact
statement and any documents connected therewith in a public
reference room.
(2) A copy of any environmental planning statement submitted
to the Authority under the provisions of Part IV of these regulations
shall also be kept in the public reference room.
(3) Access to the documents mentioned in subregulations (1)
and (2) shall be given to any person during such reasonable times
as the Authority may determine.
PART IV
LIMITED ENVIRONMENTAL IMPACT ASSESSMENT
(requiring an Environmental Planning Statement)
Setting the terms of 
reference for an 
environmental 
planning 
statement.
33. (1) Prior to formulating the terms of reference for the
environmental planning statement, an appraisal of all foreseeable
(or expected) environmental impacts of the development shall be
carried out by the Director of Planning and the Director of the
Department on the basis of, but not limited to, information
contained in the project description statement.
(2) The Director of Planning shall invite relevant government
departments and local councils where the development is planned,
26 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
to provide information, within twenty-one days of notification, on
what they wish to see included in the terms of reference.
(3) Following these consultations the Director of Planning, in
agreement with the Director of the Department, shall draw up the
final draft of the terms of reference.
(4) The Director of Planning shall communicate a copy of the
approved terms of reference to the applicant, architect and to such
other persons he deems proper.
(5) The provisions of regulations 10 to 32 other than regulation
12(1)( g ), regulation 19(3), regulation 24(10), and regulation 25
shall  mutatis mutandis  apply to an environmental planning
statement, provided that an environmental planning statement shall
be more limited in nature than an environmental impact statement.
PART V
TRANSBOUNDARY EFFECTS
Procedures to be 
followed when a 
project is likely to 
have 
transboundary 
impacts.
34. (1) Where the Minister is aware that a project is likely to
have significant effects on the environment in another State, or
where a State likely to be significantly affected so requests, the
Minister shall send to the affected State as soon as possible and not
later than when the public is informed in terms of regulation 7(5),
the following:
( a ) a description of the project, together with any
available information on its possible transboundary
impacts;
( b ) relevant information regarding the environmental
impact assessment procedure;
( c ) information on the nature of the decisions which may
be taken;
and shall give the affected State a reasonable time in which to
indicate whether it wishes to participate in the environmental
impact assessment procedure.
(2) If the affected State which receives information indicates
to the Minister that it intends to participate in the environmental
impact assessment procedure, the Minister shall, if he has not
already done so, send to the affected State the information gathered
regarding the proposed development.
(3) The affected State shall enter into consultations with the
Minister concerning, inter aIia, the potential transboundary effects
of the project and the measures envisaged to reduce or eliminate
such effects and shall agree on a reasonable timeframe for the
duration of the consultation period.
(4) The affected State may arrange for the information to be
made available, within a reasonable time, to the relevant authorities
and the public concerned in the territory of such affected State
which is likely to be significantly affected; and, within the
timeframe established through the provisions of subregulation (3),
the affected State, shall forward its opinion to the Minister who
shall in turn forward such opinion to the Authority.
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 27
(5) The transmission of information to the affected State,
concerning potential transboundary impacts, and the receipt of
information by such affected State, shall be subject to the
limitations contained in any law in force in Malta.
(6) The Minister shall provide to the affected State the final
decision on the proposed project along with the reasons and
considerations on which it was based.
(7) When, following monitoring of a development with
potential transboundary impacts, significant adverse transboundary
impacts or factors that may result in such an impact are discovered,
the Minister shall immediately inform the affected State and enter
into consultations on the necessary measures that may be
undertaken to reduce or eliminate such impact.
(8) In the exercise of his duties under this regulation, the
Authority, the Director of Planning and the Director of the
Department shall furnish the Minister with all such documentation
and information as he may request.
PART VI
REGISTER OF CONSULTANTS
Register of 
Environmental 
Impact Assessment 
Consultants.
35. (1) The Authority shall keep and make available for public
inspection at such reasonable times as it may determine, a Register
of Environmental Impact Assessment Consultants.
(2) The Register shall be divided into Parts. Each Part shall list
those consultants who are competent in a particular discipline,
provided that where a person is competent in more than one
particular discipline he shall be registered under both or more such
disciplines.
(3) The Register shall also be divided into categories of
environmental impact assessment consultants, namely a Junior
Impact Assessor, a Senior Impact Assessor and an Environmental
Impact Assessment Co-ordinator.
(4) The Authority shall note the issue of a certificate of
registration in the Register together with the relevant discipline or
disciplines in which he is competent and shall also note therein all
suspensions, cancellations and reinstatements of those certificates.
(5) No person may act as an impact assessor or environmental
impact assessment to-ordinator unless he is registered in the
Register of Environmental Impact Assessment Consultants.
(6) The Authority shall refuse to accept an environmental
impact statement or an environmental planning statement where a
person who is not registered in the Register has participated in the
preparation of the relevant environmental impact assessment.
(7) Notwithstanding the provisions of subregulation (6), the
Director of Planning may, where he deems it necessary and in
conjunction with the Director of the Department, accept the
contribution by a non-registered person:
( a ) in relation to a specific discipline not covered in the
Register, provided that that person is, in the view of
28 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
the Director of Planning and the Director of the
Department, suitably qualified to make such a
contribution and his participation has been agreed in
writing prior to the commissioning of the
environmental impact assessment;
( b ) where that person has been responsible for undertaking
research including the gathering and collation of data,
under the supervision of a registered consultant
participating in the relevant environmental impact
assessment, but has not been involved in the
assessment of impacts.
Registration 
Board.
36. (1) The Minister responsible for planning, with the
concurrence of the Minister responsible for the environment, shall
appoint a Registration Board that shall be responsible for
evaluating applications for registration in the Register.
(2) Decisions on applications for registration shall be taken by
a Registration Board composed of a minimum of three persons and
a maximum of five persons, including a representative from the
Authority and a representative from the Department. All other
members of the Registration Board shall be independent members
who are not involved in any way in the preparation of
environmental impact assessments, one of whom shall act as the
chairperson of the Registration Board.
(3) The Registration Board shall assess applications for
registration and shall prepare a list of persons who, in the opinion
of the Registration Board, meet the requirements for registration
and are therefore to be issued with a certificate of registration. The
Registration Board shall give reasons for their decisions.
(4) The decision of the Registration Board to grant or to refuse
an application for registration in the Register shall be notified in
writing to the applicant without delay.
(5) The Registration Board may direct the Authority to update
the Register at such regular intervals as it may deem fit by the
inclusion of other disciplines in the Register, which disciplines
might have in the meantime evolved.
Registration. 37. (1) Any person may apply in writing on the appropriate
form to the Registration Board to be registered in the Register.
(2) The application for registration shall include the following
information:
( a ) the name, surname, education, qualifications and
office address of the applicant for registration;
( b ) a list of any relevant work by the applicant;
( c ) a detailed  curriculum vitae  (which is to include details
of the person’s training, experience and knowledge in
environmental assessment techniques and methods);
( d ) an indication of the particular environmental discipline
for which the person is applying for registration in.
(3) The application for registration shall be accompanied by the
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 29
appropriate fee as set out in the Third Schedule.
Certificate of 
registration.
38. (1) The Registration Board shall register a person in the
Register if it is satisfied that the said person:
( a ) has appropriate qualifications;
( b ) has experience and knowledge of environmental
assessment techniques and methods; and
( c ) has experience in one or more relevant disciplines.
(2) Certificates issued to eligible persons shall be valid for one
year but may be renewed by the registration Board upon payment
of the relevant renewal fee according to the Third Schedule, except
where, in the opinion of the Registration Board, the provisions of
regulation 40 have been contravened.
(3) Notwithstanding the provisions of subregulation (1), the
Registration Board may grant a temporary certificate valid for one
year to any person who, in the opinion of the Registration Board,
has the appropriate qualifications but does not have sufficient
experience in the relevant discipline or in environmental impact
assessment techniques and methods. Temporary certificates shall
only be issued for a maximum of two years.
(4) The Authority and the Department shall endeavour to
organise training courses in environmental impact assessment
techniques and methods. All junior impact assessors and persons
issued with a temporary certificate shall be obliged to undertake
this training course as a pre-requisite to obtaining or confirming
their registration.
Contents of 
certificate.
39. The certificate of registration shall contain the following
information:
( a ) the name, surname and identity document number or
other means of identification of the consultant;
( b ) the date when the certificate is issued;
( c ) the discipline in which the consultant is considered by
the Registration Board as having an acceptable level of
expertise.
Cancellation of 
certificate.
40. (1) The Registration Board may cancel any certificate
granted under the provisions of this Part of these regulations when
the holder of that certificate:
( a ) is found guilty by a court of criminal jurisdiction of a
crime being a crime committed through imprudence,
carelessness, unskillfulness in an art or profession, or
non-observance of regulations; or
( b ) is found guilty by a court of criminal jurisdiction of
any offence under the provisions of the Act or of any
regulations made thereunder; or
( c ) has, in the opinion of the Authority, the Director of
Planning, the Director of the Department and the
Registration Board, submitted substandard or
deliberately misleading work in an environmental
30 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
impact assessment; or
( d ) has participated in the preparation of an environmental
impact assessment when he was not registered in the
Register; or
( e ) was the recipient of a certificate issued under the
provisions of this Part of these regulations based on
information given by the applicant which is false or
misleading; or
( f ) fails to pay the yearly renewal fee.
(2) Notwithstanding the provisions of subregulation (1), the
Registration Board may opt for suspension, rather than cancellation
of the certificate, in the circumstances specified in subregulation
(1)( d ) and ( f ).
(3) If a person participates in the preparation of an
environmental impact assessment without being registered in the
Register, he shall subsequently be barred from registering or
participating in any environmental impact assessments in Malta for
a period to be decided by the Registration Board which period shall
in no case be less than three years.
Offences. 41. (1) Any person who for the purposes of obtaining the
certificate for registration in the Register gives any wrong
information or otherwise acts in a deceitful or fraudulent manner
shall be guilty of an offence and shall, on conviction, be liable to a
fine ( multa ) not exceeding one thousand liri.
(2) Any person who, not being the holder of a certificate,
assumes or uses the designation "Environmental Impact
Assessment Consultant", "Environmental Impact Assessment Co-
ordinator", "Senior Impact Assessor" or "Junior Impact Assessor"
or in any manner indicates that he is entitled to prepare an
environmental impact assessment shall be guilty of an offence and
shall, on conviction, be liable to a fine ( multa ) not exceeding five
hundred liri and in respect of a second or subsequent offence to a
fine ( multa ) not exceeding one thousand liri.
(3) For the purposes of subregulation (2), the use on any card,
letterhead, sign, board, plate, advertisement or other written,
printed or engraved device, instrument or document, of the words
"Environmental Impact Assessment Consultant", "Environmental
Impact Assessment Co-ordinator", "Senior Impact Assessor" or
"Junior Impact Assessor", in relation to a name shall be sufficient
evidence of the knowledge of such use by the person in relation to
whose name the said words are used, unless such person proves that
the use of such words was made without his knowledge and that
upon becoming aware of the use he took adequate steps to stop it.
(4) The offences and penalties mentioned in this regulation
shall be without prejudice to any other offences and penalties in
terms of the Act or any other law.
Interpretation of 
Part VI of these 
regulations.
42. For the purposes of this Part of these regulations "person"
includes a person who is not a citizen of Malta but does not include
a body of persons.
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 31
PART VII
ENFORCEMENT
Implementing the 
decision to grant 
development 
permission.
43. (1) When development permission has been granted by the
Authority for a development listed in the First Schedule, the
Authority shall monitor the implementation of the said
development both during the construction and the operational
phases.
(2) The Authority may:
( a ) include appropriate, and clearly specified conditions in
the development permission;
( b ) establish the period within which the construction
phase of the development shall be completed together
with any planning obligations, conditions or penalties
which it may deem fit to impose for non-completion or
unsatisfactory completion of the development and
associated facilities within the established period;
Cap. 371.
( c ) request the applicant to provide a guarantee by a bank
or credit institution licensed in Malta according to the
provisions of the Banking Act, or any other law which
may from time to time replace it, by which the said
bank or institution shall bind itself on behalf of the
applicant, without prejudice to any future action or
remedy which such bank or institution may exercise
against him, to effect payment to the Authority of any
sum to be established by way of penalty in the
development permission if the development is not
completed in accordance with the specified conditions
within the period established in the development
permission and for any breach of any condition
imposed in the development permission or of any
planning obligation entered into by the applicant. The
said guarantee shall not be less than the greater of the
cost of reinstating the area to an acceptable condition,
or the cost of re-instatement and repair of damages
arising from non-compliance with conditions imposed
in the development permission;
( d ) in the event that after a development permission is
issued the development is not carried out in
accordance with the permission, or is otherwise
causing damage to the environment or to the
infrastructure, demand, as a condition of the
continuance of the permission, that the person in
whose favour the permission is issued should provide a
bond in favour of the Authority in order to guarantee
payment in respect of damages which may be caused
to the environment or to the infrastructure, in terms of
article 34(5) of the Act;
( e ) request that the person or company responsible for the
development is covered with an insurance policy
against damage to environmental resources; and
( f ) make available to the public at such intervals as the
32 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
Authority deems proper the results of monitoring
carried out throughout the construction or operation
phase of the project, whether such monitoring has been
carried out by the Authority itself or by the developer
as a direct result of a condition in the development
permission.
PART VIII
MISCELLANEOUS PROVISIONS
Miscellaneous 
provisions.
44. (1) For the avoidance of doubt, it is hereby declared that:
( a ) when the Director of Planning requests the applicant,
his architect, agent or the consultants to make certain
changes in the project design; or
( b ) when the Director of Planning gives any guidance
which he may deem fit in the circumstances;
this in no way implies that the Director of Planning is approving
the development or will recommend to the Authority that it should
approve the development.
(2) Agreement on the terms of reference for an environmental
impact statement or an environmental planning statement is not to
be construed in any way as evidence in favour of the proposed
development.
(3) In arriving at a decision, the Authority shall not be bound
by the conclusions reached in an environmental impact statement or
an environmental planning statement, as the case may be. However,
the Authority shall give due regard to the conclusions reached in
the environmental impact statement or in the environmental
planning statement, as the case may be, when arriving at a decision.
Whether it accepts or does not accept the conclusions reached by
the said impact statement or planning statement, as the case may
be, the Authority shall give detailed reasons therefor.
(4) Where, after environmental information has been taken into
consideration, an application for development listed in the First
Schedule is determined by the Authority, the Authority shall:
( a ) inform the public of the decision, by publishing a
notice in a newspaper, or by such other means as are
reasonable in the circumstances; and
( b ) make available for public inspection, at all reasonable
hours and free of charge, a statement containing:
(i) the content of the decision and any conditions
attached thereto;
(ii) the main reasons and considerations on which
the decision is based; and
(iii) a description, where necessary, of the main
measures to avoid, reduce, and if possible, offset
the major adverse effects of the development.
(5) The provisions of these regulations shall not affect the
obligation of the Government of Malta to respect the limitations
imposed by any law in force in Malta with regard to commercial
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 33
and industrial confidentiality, including intellectual property, and
the safeguarding of the public interest.
34 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
FIRST SCHEDULE
Projects which require an Environmental Impact Statement
or an Environmental Planning Statement
1 GENERAL CATEGORY OF PROJECT
1.1 Category I Projects
1.1.1 The carrying out of development on
land or on sites not designated for
such purposes in an approved
development plan or development
brief, where the proposed
development involves:
(i) the use of 5 ha of land or more;
or
(ii) the construction of a building or
installation with ground cover of
more than 10,000m 2 .
2 INFRASTRUCTURE PROJECT
2.1 Highway and Road Construction
2.1.1 Category I Projects 2.1.2 Category II Projects
2.1.1.1 Construction of a four-lane highway. 2. 1.2. 1 Other roads with a carriageway
width of more than 3.5m and not
being a road for which the
design is approved in a
development plan if the road is:
(i) more than 1 km in length;
or
(ii) within 100m of a protected
site.
2.1.1.2 Construction of a road with a
carriageway width of 7.5m or more
and not being a road for which the
design is approved in a development
plan, if the road is:
2.1.2.2 Construction of bridges outside
development zones.
(i) 2 km or more in length; or
(ii) more than 300 dwellings or an
area desienated for more than
300 dwellings are within 100m
of the centre line of the proposed
road; or
(iii) where the road passes through or
within 100m of a protected site.
2.1.1.3 Construction of a tunnel over 1 m in
diameter, if the tunnel is:
(i) over 1 km in length; or
(ii) passing beneath or within 100m
of a protected area, or
(iii) passing through or within 100m
of an aquifer protection zone.
2.2 Airports
2.2.1 Category I Projects 2.2.2 Category II Projects
2.2.1.1 Construction of a new airport/airstrip,
or heliport.
2.2.2.1 Expansion of an airport/airstrip
or heliport not being a
development falling within
2.2.1.1 and 2.2.1.2
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 35
2.2.1.2 Significant expansion or development
of an existing airport which includes
an extension to a runway or taxi-way
by 500m or more, new terminal
buildings, or other major
developments.
2.3 Ports
2.3.1 Category I Projects 2.3.2 Category II Projects
2.3.1.1 Construction of a port for handling
vessels over 1000 tonnes.
2.3.2.1 Construction or extension of a
port installation, dry dock, bilge
water recycling station (ship
tank cleaning), permanent
moorings for ships over 25,000
tons, fishing harbour or yacht
marina (with a capacity of less
than 200 boats) not being
development falling within
2.3.1.1 and 2.3.1.2
2.3.1.2 Construction of a yacht marina for
more than 200 vessels.
2.3.1.3 Construction of a breakwater, wave-
breaker or coastal defences.
2.4 Other Transport
2.4.1 Category I Projects 2.4.2 Category II Projects
2.4.1.1 Construction of a tramway, elevated
or underground railway, suspended
line or similar line being either:
2.4.2.1 Other tramways, elevated or
undergound railways, suspended
line or similar structures not
covered by 2.4.1.1.
(i) within 100m of a protected site;
or
(ii) having a length of more than 1
km.
2.4.2.2 Other major transport facilities
e.g. a bus terminal or container
depots.
2.5 Dams and Reservoirs
2.5.1 Category I Projects 2.5.2 Category II Projects
2.5.1.1 Construction of a dam which is either: 2.5.2.1 Construction of a dam or
reservoir, not being a
development within 2.5.1.1 and
2.5.1.2 and being:
(i) more than 100m long; or
(ii) more than 15m high.
(i) a dam of between 25-
100m long; or having
(ii) a water storage capacity of
between 20,000m 3  and
50,000m 3 .
2.5.1.2 Construction of a reservoir or other
installation for holding or storing
water on a long term basis with a
capacity of more than 50,000m 3 .
2.6 Pipelines and Underground Electricity Transmission
2.6.1 Category I Projects 2.6.2 Category II Projects
2.6.1.1 Construction of a main transmission
pipeline for a liquid (other than
water) or a gas:
2.6.2.1 Construction of an oil or gas
pipeline not being a
development falling within
2.6.1.1.
36 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
(i) over a distance of 5 km; or
(ii) where more than 300 dwellines
or a site designated for more than
300 dwellings are within 100m
of the route; or
(iii) the route passes through the
aquifer protection zone or is
within 500m of a bore hole; or
(iv) the route passes through a
protected site.
2.6.1.2 Construction of an aqueduct or a main
trunk sewer with a diameter
exceeding 600mm and not utilising an
existing right of way:
2.6.2.2 Construction of an aqueduct or a
main sewer not being a
development falling within
2.6.1.2 and not utilising an
existing right of way:
(i) over a distance of 5 km or more;
or where
(i) over a distance of 5 km or
more; or where
(ii) the route passes through a
protected site.
(ii) the route passes through a
protected site.
2.6.2.3 Laying an underground
electricity cable of 100KV or
more and not utilising an
existing right of way.
2.7 Management and Disposal of Wastes
2.7.1 Category I Projects 2.7.2 Category II Projects
2.7.1.1 Erection of an installation for
incinerating, treating, processing,
recycling and destruction of
hazardous waste and spent oil.
2.7.2.1 Incinerating, beating (including
chemical treatment), processing,
recycling and destruction of
wastes not being a development
falling within 2.7.1.2.
2.7.1.2 Erection of an installation for
incinerating, treating (inc. chemical
treatment), processing, recycling and
destruction of other wastes (including
hospital and household wastes) with a
capacity of 25,000m 3  per year or
more.
2.7.2.2 Disposal of household and other
industrial and commercial
wastes with a capacity of over
15,000m 3  and not being a
development falling within
2.7.1.5 or 2.7.1.6.
2.7.1.3 Site for depositing or recycling
sludge.
2.7.2.3 Disposal of inert wastes not
including household and
industrial wastes with a capacity
of 100,000m 3  or more.
2.7.1.4 Disposal of chemical or hazardous
wastes on or in the ground.
2.7.1.5 The development of new landfill
sites.
2.7.1.6 Disposal of household and other
industrial and commercial wastes
with a capacity of 100,000m 3  or more.
2.7.1.7 Disposal of household and other
industrial and commercial wastes
with a capacity of over 25,000m 3  and
where:
(i) more than 300 dwellings or an
area designated for more than
300 dwellings are within 200m
of the boundaries of the site; or
(ii) a protected site is within 200m of
the boundaries of the site; or
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 37
(iii) in the aquifer protection zone or
within 500m of a bore hole or
any other water abstraction
point.
NOTE: As a rule of thumb, 15,000 cubic metres equate approximately to 15,000 tonnes, or
to 1000, 20-ton lorry movements (assuming 15 tonnes per 20-ton lorry)
2.8 Sewage Treatment Plants
2.8.1 Category I Projects 2.8.2 Category II Projects
2.8.1.1 A waste water treatment plant with a
capacity of 20,000m 3  per day or more.
2.8.2.1 A waste water treatment plant
with a capacity of between
250m 3  per day and 20,000m 3
per day.
2.9 Reverse Osmosis Plants
2.9.1 Category I Projects 2.9.2 Category II Projects
2.9.1.1 A Reverse Osmosis or desalination
plant with a capacity exceeding
50,000m 3  per day.
2.9.2.1 A Reverse Osmosis or
desalination plant with a
capacity of between 10,000m 3
and 50,000m 3  per day.
NOTE: A Reverse Osmosis or Desalination Plant on the coast is also covered by criteria 4.2
Development on the Coast whichever is the more demanding.
3 LAND USE AND BUILT DEVELOPMENT PROJECTS
3.1 Urban Development Projects including Tourist and Recreation Developments 1
3.1.1 Category I Projects 3.1.2 Category II Projects
3.1.1.1 Developments with an area of 10 ha
or more.
3.1.2.1 Developments with a site area
of more than 3 ha.
3.1.1.2 Developments with a site area of 5 ha
or more not being a project defined in
an approved development plan or
development brief.
3.1.2.2 Developments where more than
300 dwellings, or a site
designated for more than 300
dwellings, are within 200m of
the site boundary and:
(i) the site area is more than 2
ha; or
(ii) has a gross floor area of
more than 30,000m 2 .
3.1.1.3 Developments to provide 10,000m 2
gross floor space or more of shops,
offices or other commercial uses, and
not being a project defined in an
approved plan or development brief.
3.2 Business Parks
3.2.1 Category I Projects 3.2.2 Category II Projects
3.2.1.1 Development of Business Parks
where the site is 5 ha or more; or a
development where:
3.3.2.1 Development of a Business Park
with a site area of more than 1
ha.
(i) a manufacturing use is being
proposed;
(ii) the development may reasonably
attract 2500 or more vehicles on
any given day.
3.3 Other Tourism Development 1
3.3.1 Category I Projects 3.3.2 Category II Projects
3.3.1.1 New construction of hotel, holiday
village or tourist facility with:
3.3.2.1 New construction of hotel,
holiday village or tourist facility
with:
38 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
(i) a capacity of more than 500
beds; or
(i) a capacity of 60 - 500
beds; or 
(ii) to provide gross floor area of
more than 20,000m 2 ; or
(ii) a gross floor area of more
than 2000m 2 .
(iii) a total site area of 5 ha or more.
3.3.1.2 New construction of hotel, holiday
village or tourist facility not being in
a tourism development area in an
approved development plan with:
(i) a capacity of more than 60 beds;
or
(ii) a gross floor area of more than
2000m 2 .
3.4 Theme Parks
3.4.1 Category I Projects 3.4.2 Category II Projects
3.4.1.1 Theme Parks not in an approved
development plan.
3.4.2.1 Theme Parks in an approved
development plan.
3.5 Other Recreation and Sporting Facilities and Activities 2
3.5.1 Category I Projects 3.5.2 Category II Projects
3.5.1.1 Developments which: 3.5.2.1 Developments which:
(i) may reasonably expect to attract
2500 vehicles or more on any
given day; or
(i) may attract more than 750
vehicles on any given day;
or
(ii) cover an area over 10 ha (ii) has a site area of between
2 - 10 ha; or
(iii) has a site area of more
than 5,000m 2  and is within
200m of a protected site.
3.5.1.2 Permanent racing and test tracks for
motorised vehicles not in an approved
plan.
3.5.2.2 Permanent racing and test tracks
for motorised vehicles in an
approved development plan.
3.5.1.3 Cable cars, ski-lifts and associated
developments.
3.5.2.3 Permanent camp sites and
caravan sites with a capacity for
over 50 tents or 30 caravans.
3.6 Golf Courses
3.6.1 Category I Projects 3.6.2 Category II Projects
3.6.1.1 A golf course not in an approved
development plan.
3.6.2.1 A golf course in an approved
development plan.
3.7 Industrial Estates
3.7.1 Category I Projects 3.7.2 Category II Projects
3.7.1.1 Development of a speculative
industrial development (i.e. where no
specific end user is identified), where
the site is 10 ha or more; or a
development of 2 ha - 10 ha where:
3.7.2.1 Development of an industrial
estate with a site area of more
than 1 ha.
(i) more than 300 dwellings, or an
area designated for more than
300 dwellings, are within 200m
of the site boundaries; or
(ii) the site boundary is within 200m
of a protected site; or
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 39
(iii) the development is within the
aquifer protection zone or within
500m of a bore hole or water
abstraction point.
3.7.2.2 Industrial development with a
gross floor are of more than
3,000m 2 .
3.7.2.3 Industrial development with a
gross floor area of more than
1000m 2 , and:
(i) not an area zoned for
industry in an approved
plan; or
(ii) within 100m of a protected
site; or
(iii) within the aquifer
protection zone or within
500m of a bore hole or
water abstraction point.
3.8 Defence
3.8.1 Category I Projects 3.8.2 Category II Projects
3.8.1.1 Development for the purpose of
defence may require an
Environmental Impact Statement
depending on the type of the
development proposed, site area and
location.
1 The most stringent criteria will apply.
2 The most strineent criteria will apply.
4. DEVELOPMENT ON THE COAST AND OFFSHORE
This section refers to developments that are located within the coastal zone. The
area of land and sea within the coastal zone will incorporate all coastal natural
processes as well as those activities which rely on the land-sea interactions and as
may be defined by any development plan.
4.1 Reclamation
4.1.1 Category I Projects 4.1.2 Category II Projects
4.1.1.1 Reclamation of land from the sea and
fastening installations to the bed of
the sea or raising the level of the bed
of the sea and having an area of 1 ha
or more.
4.1.2.1 Reclamation of land fiom the
sea or other development in the
sea and not being development
in 4.1.1.1.
4.2 Development on the coast (not being covered by other classes of project)
4.2.1 Category I Projects 4.2.2 Category II Projects
4.2.2.1 The change of use of land of 1
ha or more.
4.2.2.2 Any engineering works
(including coastal defences)
with site area of more than
500m 2 .
4.2.2.3 Construction of a building with
a footprint of more than 100m 2 .
40 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
4.2.2.4 Sinking of vessels or structures
on the sea bed to form artificial
reefs or similar structures or
uses.
4.3 New Beach or Beach Enhancement
4.3.1 Category I Projects 4.3.2 Category II Projects
4.3.1.1 Creation of new beach 4.3.2.1 Enlargement of existing beaches
and enhancement of the sea bed.
4.4 Dredging
4.4.1 Category I Projects 4.4.2 Category II Projects
4.4.1.1 Dredging within a Marine
Conservation Area (including
candidate Marine Conservation
Areas) or in an area of seabed
scheduled or in any way protected
under the Development Planning Act
or the Environment Protection Act.
4.4.2.1 Dredging over an area of 25 ha
or more, in any dredging cycle
or within 5 years.
4.5 Dumping at Sea
4.5.1 Category I Projects 4.5.2 Category II Projects
4.5.1.1 Dumping of waste (solid or liquid) in
the sea and not in an official dumping
site.
4.5.2.1 Dumping of waste (solid or
liquid) in an official dumping
site at sea.
5 EXTRACTIVE INDUSTRY
5.1 Hard Rock Quarries
5.1.1 Category I Projects 5.1.2 Category II Projects
5.1.1.1 Any quarry not in an area of potential
mineral working in an approved plan.
(Transitional arrangements will apply
until appropriate subject or local
plans have been approved).
5.1.2.1 Development of a quarry and an
extension to an existing quarry
where the proposed area of new
operations is up to 3 ha.
5.1.1.2 Development of a quarry and an
extension to an existing quarry where
the proposed area of new operations
is more than 3 ha.
5.1.2.2 Any quarry where the boundary
of the site is within 300m of a
protected site.
5.1.1.3 Any quarry where more than 300
dwellings or a site desimated for more
than 300 dwellings are within 500m
of the boundaries of the proposed site.
5.1.2.3 Any quarry where the site is
within the aquifer protection
zone or 500m of a borehole.
NOTE: A quarry on the coast is also covered by criteria 4.2 Development on the Coast
whichever is the more demanding.
5.2 Soft Rock Quarries
5.2.1 Category I Projects 5.2.2 Category II Projects
5.2.1.1 Any quarry not in an area of potential
mineral working in an approved plan.
(Transitional arrangements will apply
until appropriate subject or local
plans have been prepared).
5.2.2.1 Development of a quarry and an
extension to an existing quarry
where the proposed area of new
operations is 1 - 5 ha.
5.2.1.2 Development of a quarry and an
extension to an existing quarry where
the proposed area of new operations
is more than 5 ha.
5.2.2.2 A quarry where more than 300
dwellings or a site designated
for more than 300 dwellings is
within 200m of the boundaries
of the proposed site.
5.2.2.3 Any quarry where the boundary
of the site is within 200m of a
protected site.
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 41
5.2.2.4 Any quarry where the site is
within the aquifer protection
zone or within 500m of a bore
hole.
5.3 Restoration and after use
5.3.1 Category I Projects 5.3.2 Category II Projects
5.3.2.1 Restoration and after use of
existing and disused quarries
not already covered by an
approved landscaping /
restoration scheme, where the
boundary of the site is within
200m of a protected site or a site
of known environmental
importance.
5.4 Other Extraction Operations
5.4.1 Category I Projects 5.4.2 Category II Projects
5.4.1.1 Deep drilling on land (in excess of 1
km), including geothermal drilling,
but excluding drillings for
investigating the stability of soils.
5.4.2.1  Drilling for water supplies.
5.4.1.2 Extracting petroleum or natural gas
on land.
5.4.2.2 Extraction of minerals by
marine dredging.
5.4.1.3 Extracting petroleum or natural gas
offshore (an EIS is required for each
production contract area).
5.4.2.3 Artificial groundwater recharge
schemes not being a
development within 5.4.1.6.
5.4.1.4 Surface industrial installation for
extraction of petroleum or natural
gas.
5.4.1.5 Underground mining.
5.4.1.6 Groundwater extraction or artificial
recharge schemes where the annual
volume of water abstracted or
recharged is equivalent to or exceeds
10 million cubic metes.
NOTE: Extraction of minerals by marine dredging is also covered by criteria 4.4 whichever
is the more demanding.
5.5 Mineral Processing Industries
5.5.1 Category I Projects 5.5.2 Category II Projects
5.5.1.1 Erection of a cement manufacturing
plant.
5.5.2.1 Erection of a rock processing
plant not within the operational
site of a quarry.
5.5.2.2 Erection of a plant for concrete
block (brick) production or
tarmac production.
5.5.2.3 Erection of other mineral
processing plants e.g. lime
kilns, ready-mix.
5.5.2.4 Construction of salt pans over
1000m 2 .
6 AGRICULTURE
6.1 Land Reclamation and Water Management
6.1.1 Category I Projects 6.1.2 Category II Projects
42 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
6.1.2.1 Land reclamation for agriculture
where the area to be modified is
more than 5 ha
6.1.2.2 Construction of irrigation works
for the use of treated water
where:
(i) the area to be irrigated is
more than 10 ha; or
(ii) the amount of water
intended to be supplied is
more than 1,000m 3  in any
day; or
(iii) the site is located within
the aquifer protection
zone.
6.2 Livestock
6.2.1 Category I Projects 6.2.2 Category II Projects
6.2.1.1 An establishment for poultry or rabbit
production with more than 50,000
broiler or 25,000 layers or equivalent
other poultry, rabbits or similar 3 .
6.2.2.1 Developments with a site area
of more than 7500m 2 .
6.2.1.2 A pig rearing establishment for more
than 500 sows or 5,000 fattening pigs.
6.2.2.2 An establishment for poultry or
rabbit production for:
(i) more than 20,000 broiler
or 5,000 layers or
equivalent other poultry,
rabbits, or similar 4 ; or
(ii) more than 10,000 broiler
or 2,000 layers and within
the aquifer protection
zone.
6.2.2.3 An establishment for poultry or
rabbit production with more
than 5,000 broiler or 1,000
layers or equivalent other
poultry, rabbits or similar 5 , and
where the total number of birds
/ animals within 500m of the
proposed site is:
( a ) more than 20,000 broiler
or 5,000 layers 6 ; or
( b ) more than 10,000 broiler
or 2,000 layers 7  and within
the aquifer protection
zone.
6.2.2.4 A pig rearing establishment, not
being a development within
6.2.1.2 and within 500m of
residential or community uses,
or within the aquifer protection
zone.
6.2.2.5 Any livestock unit with:
(i) more than 120 milk or
beef cows or equivalent
other animals 8 ;
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 43
(ii) more than 60 milk or beef
cows or equivalent other
animals 9  and within the
aquifer protection zone.
6.2.2.6 Any livestock unit with:
(i) more than 50 sows or 300
fattening pigs; or
(ii) more than 50 milk or beef
cows or equivalent other
animals 10 ; and
where the total number of
livestock within 500m of the
proposed unit is:
( a ) more than 250 milk or
beef cows or equivalent
other animals 11 ; or
( b ) more than 150 milk or
beef cows or equivalent
other animals 12  and within
the aquifer protection
zone;
( c ) more than 250 sows or
2500 fattening pigs; or
( d ) more than 150 sows or
1500 fattening pigs and
within the aquifer
protection zone.
6.2.2.7 Any livestock unit rearing
animals such as emus, ostriches,
kangaroos, wallabies or
crocodiles, whether these are for
consumption or otherwise; and
other animals, such as snails and
frogs, that can create an
ecological imbalance if they
escape into the wild.
6.3 Aquaculture
6.3.1 Category I Projects 6.3.2 Category II Projects
6.3.1.1 Any aquaculture hatchery or unit
rearing any form of marine organism
(animal or plant), and including
penning, and having:
6.3.2.1 All aquaculture hatcheries or
units rearing any form of marine
organism (animal or plant), and
including penning having
facilities at sea (whether on the
surface or on the sea-bed)
within 2 km of the shoreline.
(i) facilities covering an area of 2 ha
or more at sea (be it at the
surface or on the sea-bed); or
(ii) intended for the production of
more than 100 tons of fish per
year and within 2 km of the
coast.
6.3.2.2 Aquaculture hatcheries or units
rearing any form of marine
organism (animal or plant), and
including penning, having
facilities at sea (whether on the
surface or on the sea bottom),
more than 2 km from the coast
and covering an area of more
than 2 ha.
44 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
6.3.2.3 All aquaculture hatcheries and
rearing farms with all facilities
on land covering an area of land
of 1 ha or more, or intended for
the production of more than 50
tons of fish or equivalent other
produce per year not being a
development on the coast within
4.2.
6.4 Commercial Forest Plantation
6.4.1 Category I Projects 6.4.2 Category II Projects
6.4.1.1 An afforestation scheme of more than
25 ha.
6.4.2.1 An afforestation scheme of 5 ha
or more.
6.5 Greenhouses and Protected Crops
6.5.1 Category I Projects 6.5.2 Category II Projects
6.5.2.1 Greenhouses or structures to
protect crops with an area of
more than 1 ha.
6.5.2.2 Greenhouses or structures to
protect crops with an area of
more than 5,000m 2  and where
the total area of greenhouses
within 500m of the site is more
than 5 ha.
3 laying hens = 1 turkey
2 laying hens = 1 rabbit
4 Ibid.
5 Ibid.
6 Ibid.
7 Ibid.
8 1 cow = 3 goats = 4 sheep
9 Ibid.
10 Ibid.
11 Ibid.
12 Ibid.
7 ENERGY INDUSTRY
7.1 Refineries
7.1.1 Category I Projects 7.1.2 Category II Projects
7.1.1.1 Construction of a crude-oil refinery.
7.2 Coal and Allied Works
7.2.1 Category I Projects 7.2.2 Category II Projects
7.2.1.1 Installation for the gasification and
liquefaction of coal or bituminous
shale.
7.2.2.1 Coke Ovens (dry coal
distillation)
7.2.1.2 Industrial briquetting of coal and
lignite.
7.3 Electric Power Station
7.3.1 Category I Projects 7.3.2 Category II Projects
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 45
7.3.1.1 Construction of thermal power station
and other combustion installation
with an output of more than 50
megawatts.
7.3.2.1 Construction or extension of a
thermal power station and other
combustion installation for the
generation of power for sale to
consumers and not being
development falling within
7.3.1.1.
7.3.1.2 Erection of any electric power station,
other than a nuclear power station,
including the use of renewable forms
of energy (including wind, wave and
sun), with an output of more than 2
megawatts.
7.3.2.2 Erection of any electric power
station using renewable energy
designed to sell electricity to
consumers, i.e. not for personal
use, and not falling within
7.3.1.2.
7.4 Nuclear Energy
7.4.1 Category I Projects 7.4.2 Category II Projects
7.4.1.1 Construction of a nuclear power
station or some other nuclear reactor.
7.4.1.2 Installation for reprocessing
irradiated fissile materials.
7.4.1.3 Installation for the accumulation and
processing of radioactive wastes,
including fission waste and irradiated
fissile elements.
7.4.1.4 Installation for the permanent storage
or final disposal of radioactive
wastes.
7.5 Wind Farms
7.5.1 Category I Projects 7.5.2 Category II Projects
7.5.1.1 Installations for the harnessing of
wind power for energy production.
7.6 Storage of Gases, Fossil Fuels and Petroleum
7.6.1 Category I Projects 7.6.2 Category II Projects
7.6.1.1 Surface and undergound storage of
combustible gases including natural
gas with a capacity of more than
100,000m 2 .
7.6.2.1 Installation for storage and
transport of gas, steam or hot
water over a network having
more than 1 km of pipe work.
7.6.1.2 Surface storage of fossil fuels on a
site of 2 ha or more.
7.6.2.2 Industrial installations for the
production of steam and hot
water.
7.6.1.3 Storage of petroleum products with a
capacity of more than 100,000m 3 .
7.6.2.3 Surface storage of fossil fuels
on a site of more than 5,000m 2 .
7.6.2.4 Storage of petroleum products
not covered in 7.6.1.3 on a site:
(i) over 20,000m 2 ; or
(ii) where more than 300
dwellings or a site
designated for more than
300 dwellings are within
300m of the proposed site;
or
(iii) within the aquifer
protection zone; or
(iv) within 500m of a
borehole; or
46 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
(v) where the storage capacity
is between 50,000m 3  and
100,000m 3 .
7.7 Electric Transmission
7.7.1 Category I Projects 7.7.2 Category II Projects
7.7.1.1 The transmission of electrical energy
by overhead cables at high voltage
over 100 KV and over more than 1
km.
7.7.2.1 The transmission of electrical
energy by overhead cables with
a voltage of over 30 KV and
over more than 1 km.
8 INDUSTRIAL DEVELOPMENTS AND OPERATIONS
8.1 Industrial Smelting of cast-iron and steel
8.1.1 Category I Projects 8.1.2 Category II Projects
8.1.1.1 Construction of an installation for the
initial smelting of cast-iron, steel or
other metals.
8.2 Asbestos
8.2.1 Category I Projects 8.2.2 Category II Projects
8.2.1.1 Construction of an installation for the
treatment and processing of asbestos
and products containing asbestos.
8.2.2.1 The use of asbestos in
manufacture or production of
products not being a
development within 8.2.1.1 to
8.2.1.4.
8.2.1.2 Construction of an installation for the
manufacture of asbestos cement.
8.2.1.3 Construction of an installation for the
manufacture of brake linings with a
capacity of 50 tonnes or more per
year.
8.2.1.4 Construction of an installation for the
manufacture or production of other
products containing asbestos with a
consumption of over 200 tonnes or
more of asbestos per year.
8.3 Chemical Installations
8.3.1 Category I Projects 8.3.2 Category II Projects
8.3.1.1 Construction of an integrated
chemical installation, i.e. an
installation for the manufacture on an
industrial scale of substances using
chemical conversion or physical
processes, in which several units are
juxtaposed and are functionally
linked to one another and which are:
(i) for the production of basic
organic chemicals;
(ii) for the production of basic
inorganic chemicals;
(iii) for the production of
phosphorous-, nitrogen-, or
potassium-based fertilisers
(simple or compound fertilisers);
(iv) for the production of basic plant
health products or biocides;
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 47
(v) for the production of basic
pharmaceutical products using a
chemical or biological process;
(vi) for the production of explosives;
(vii) for the production of any other
product not listed above but
which requires similar treatment.
8.4 - 8.10 OTHER INDUSTRIES
General Criteria
The industrial developments listed below are in Category I where the following
circumstances apply:
( a ) construction, extension or the major change in use of buildings, or installations
requiring an investment of Lm10M or more. Expansions within five years of a
previous construction phase are considered part of that construction phase; or
( b ) the industrial operations will require the disposal of significant 13  quantities of
liquid, gaseous or solid wastes; or
( c ) significant 13  quantities of chemical or combustible material are to be stored on
site; or
( d ) development covering a site of 2 ha or more is:
(i) to be located in an area not designated for the type of industry in an
approved development plan; or
(ii) more than 300 dwellings or a site for more than 300 dwellings are within
200m of the site boundaries; or
(iii) the boundary of the site is within 200m of a protected site; or
(iv) within the aquifer protection zone or within 500m of a bore hole.
All industrial developments not covered by the above conditions and with a site area
of more than 2,000m 2  are in Category II.
8.4 Processing of metals
8.4.1 Category I Projects 8.4.2 Category II Projects
8.4.1.1 Roasting, palletizing or sintering of
ores.
8.4.1.2 Ironworks or steelworks including a
foundry, forge, smithery, drawing
plant or rolling mill not being works
falling within 8.4.1.1.
8.4.1.3 The pressing, drawing, or stamping of
large castings.
8.4.1.4 Installations for production (including
smelting, refining, drawing and
rolling) of non-ferrous metals, other
than precious metals.
8.4.1.5 Installations for the surface treatment
and coating of metals and plastic
materials using an electrolytic or
chemical process.
8.4.1.6 Boiler-making or manufacturing of
reservoirs, tanks and other sheet-
metal containers.
8.4.1.7 Shipyards.
8.4.1.8 Manufacture or assembly of motor
vehicles or manufacturing motor-
vehicle engines.
48 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
8.4.1.9 Installations for the construction or
repair of aircraft.
8.4.1.10  Swaging by explosives.
8.4.1.11  Installations for the application of
protective fused metal coats.
8.5 Glass and Ceramics
8.5.1 Category I Projects 8.5.2 Category II Projects
8.5.1.1 The manufacture of glass including
glass fibre.
8.5.1.2 The manufacture of ceramic products
by burning, in particular roofing tiles,
bricks, refractory bricks, tiles,
stoneware or porcelain.
8.6 Chemical Industry
8.6.1 Category I Projects 8.6.2 Category II Projects
8.6.1.1 Treatment of intermediate products
and production of chemicals not being
a development within 8.6.
8.6.1.2 Production of pesticides or
pharmaceutical products, paints,
varnishes, elastomers or peroxides.
8.6.1.3 Storage of chemical or petrochemical
products.
8.7 Food Industry
8.7.1 Category I Projects 8.7.2 Category II Projects
8.7.1.1 Manufacturing of vegetable or animal
fats.
8.7.1.2 Packing or canning of animal or
vegetable products.
8.7.1.3 Manufacture of dairy products.
8.7.1.4 Brewing or malting.
8.7.1.5 Confectionery or syrup manufacture.
8.7.1.6 Installations for the slaughter of
animals.
8.7.1.7 Installations for the manufacture of
industrial starch.
8.7.1.8 Fish meal or fish-oil industry.
8.7.1.9 Sugar factory.
8.8 Textile, Leather, Wood and Paper Industries
8.8.1 Category I Projects 8.8.2 Category II Projects
8.8.1.1 Wool scouring, degreasing and
bleaching factory.
8.8.1.2 Manufacture of fibre board, particle
board or plywood.
8.8.1.3 The manufacture of pulp, paper or
board.
8.8.1.4 Fibre drying factory.
8.8.1.5 Cellulose-processing and production
installation.
8.8.1.6 Tannery or leather dressing industry.
8.9 Rubber Industry
8.9.1 Category I Projects 8.9.2 Category II Projects
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 49
8.9.1.1 Manufacture and treatment of
elastomer-based products.
8.10 Other Projects
8.10.1 Category I Projects 8.10.2 Category II Projects
8.10.1.1  Manufacture, packing, loading or
placing in cartridges of gunpowder or
other explosives other than for local
use i.e. the making of fireworks for
local festas.
8.10.1.2  The storage of scrap iron including
scrap vehicles.
8.10.1.3  A car breakers yard, a test bench for
engines, turbines or reactors.
8.10.1.4  A knackers yard.
8.10.1.5  Installations for smelting mineral
substances including the production
of mineral fibres.
8.10.1.6  Installations for the manufacture of
artificial mineral fibres.
13 "Significant" means the quantities to be disposed of or stored may have significant
environmental impact on the locality.
9. DEVELOPMENTS AFFECTING NATURAL AND CULTURAL HERITAGE
Any development or activity on behalf of which a scheduled property, conservation
area, or other property having heritage value, whether natural or cultural, could be
destroyed or its protected status rescinded, may require an environmental impact
statement.
10. CHANGES OR EXTENSIONS TO APPROVED PROJECTS
Any change or extension of projects listed in Category I or II, already authorised,
executed or in the process of being executed, which may have significant adverse
effects on the environment shall be required to undertake a new environmental
impact assessment, the scale of which shall be determined by the Director of
Planning.
11. RE-ACTIVATION OF CATEGORY I PROJECTS
Projects in Category I, undertaken exclusively or mainly for the development and
testing of new methods or products and not used for more than two years shall be
subject to an environmental planning statement prior to re-use.
12. CUMULATIVE EFFECTS OF PROJECTS
Projects not included in Category I and II and which normally do not require an
assessment of environmental impacts but, due to cumulation with other projects can
produce significant environmental or social effects, may be required to undertake an
environmental impact statement or an environmental planning statement if the
Director of Planning is of the opinion that significant impacts are likely to occur and
a normal development permission application would not provide an adequate basis
for evaluating such developments.
50 ġ S.L.356.09 ENVIRONMENTAL IMPACT ASSESSMENT
SECOND SCHEDULE
Form of notice of an Environmental Impact Assessment to be used for newspaper 
advertisement and site notice by an applicant who submits an Environmental Impact 
Statement or Environmental Planning Statement
DEVELOPMENT PLANNING ACT Cap. 356
Environmental Impact Assessment Regulations
NOTICE OF APPLICATION FOR DEVELOPMENT PERMISSION
ACCOMPANIED BY AN ENVIRONMENTAL IMPACT STATEMENT
( or Environmental Planning Statement, as the case may be )
(to be published in a newspaper and displayed on or near the site)
Proposed development at ġ address or location of the development ħ
ġ Name of applicant ħ gives notice that an application ġ P.A No. ħ dated ġ date ħ has been made to
the Planning Authority for development permission to ġ description of development ħ and that
the application is accompanied by an environmental impact statement ġ or environmental
planning statement, as the case may be ħ.
Members of the public may inspect copies of:
1. the application
2. the plans
3. the environmental impact statement ġ or environmental planning statement, as the case
may be ħ
4. and other documents submitted with the application
at the offices of the Planning Authority or the Environment Protection Department ġ other
addresses such as the local council offices may also be included ħ during office hours until
ġ date giving a period of 21 days, beginning with the date when the notice is first displayed
on or near the site, or a period of 14 days, beginning with the date when the notice is
published in a newspaper  ( as the case may be )ħ
Members of the public may obtain copies of the environmental impact statement ġ or
errvironmental planning statement, as the case may be ) from ġ address from where copies of
the environmental statement may be obtained ħ so long as stocks last, at a charge of ġ amount
of charge ħ.
Anyone who wishes to make representations about this application should write to the
Planning Authority at St Francis Ravelin, Floriana CMR 01 by ġ date giving a period of 21
days, beginning with the date when the notice is first displayed on or near the site, or a
period of 14 days, beginning with the date when the notice is published in a newspaper  ( as
the case may be )ħ
Date ....................................
ENVIRONMENTAL IMPACT ASSESSMENT ġ S.L.356.09 51
THIRD SCHEDULE
SCHEDULE OF FEES FOR REGISTRATION AS AN ENVIRONMENTAL IMPACT 
ASSESSMENT CONSULTANT
The following fees shall apply for registration under one of the hereunder listed categories of 
environmental impact assessment consultants:
CATEGORY AND DESCRIPTION OF FEE FEE
JUNIOR IMPACT ASSESSOR
Application Fee Lm 50
Upgrade to next level Lm 70
SENIOR IMPACT ASSESSOR
Application Fee Lm 100
Yearly Renewal Fee Lm 50
Upgrade to next level Lm 70
CO-ORDINATOR
Application Fee Lm 150
Yearly Renewal Fee Lm 75
