Construction and Demolition Waste Framework Regulations

 

CONSULTATION BRIEF

Start date: 18 October 2023

Closing date: 15 November 2023

Title of the public consultation: Construction and Demolition Waste Framework Regulations

Ministry: Ministry for the Environment, Energy and Enterprise (MEEE)

Entity: Environment and Resources Authority (ERA)

  1. Background

To date, there are no specific EU or national pieces of legislation specifically regulating construction and demolition waste (CDW). The management of waste arising from demolition, excavation and construction is subject to the general provisions on environmentally sound management of waste as well as the provisions governing duty of care as laid down in the Waste Regulations (S.L. 549.63), whereby the waste generator and/or holder has the responsibility to ensure that waste is managed in an environmentally sound manner.

The need to bring into force a regulatory framework directed at the management of demolition, excavation and construction waste was already identified in the Construction and Demolition Waste Strategy for Malta 2021-2030, that was adopted in November 2021 following thorough stakeholder and public consultations.

The overarching aim of these draft Regulations is to establish a comprehensive national legal framework on waste arising from construction and demolition industry, in a holistic manner, from the placement on the market of products to the waste generated from this industry. It is structured in a way so as to promote:

  • the prevention and better management of CDW,
  • separation of waste at source,
  • secondary markets through the setting of targets, and
  • a shift from recovery and disposal to reuse and recycling.
  1. Consultation

The draft framework regulations outline the responsibilities, with respect to waste management, of the actors involved in the sector namely the developer/client, contractors, waste carriers and site managers. Obligations that have already been proposed in the Construction and Demolition Waste Strategy for Malta 2021 – 2030 are being made mandatory in these regulation.  These include the requirement of a developer of high-density residential developments serving sixteen (16) units or more units and major developments:

  • to submit a pre-demolition audit (PDA) as part of the planning process prior to the issuance of an executable permit. Such PDA shall be prepared by a warranted architect or a duly qualified consultant. This obligation shall enter into force as from 1st January 2026.
  • to achieve targets related to re-use or recycling of waste generated during excavation and demolition and those related to the use of recycled aggregates and construction material. Penalties are associated with the non-achievement of these targets. This obligation shall enter into force as of January 2028.
  1. Documents

Construction and Demolition Waste Framework Regulations, 2023

Regolamenti tal-2023 dwar Qafas għall-Iskart tal-Kostruzzjoni u tad-Demolizzjoni

Public Submissions and Responses

  1. Submission of feedback

Comments are being invited through the feedback form at publicconsultation.gov.mt or otherwise by email through [email protected]

  1. Further notes

Please be informed that comments submitted, together with the identity of the contributor, may be published online at the end of the public consultation, unless the contributor objects to the publication of his/her personal data. In this case, the contribution may be published in anonymous form.

All comments submitted shall be duly considered.