Daily Penalties (Environment) (Amendment) Regulations, 2022

 

CONSULTATION BRIEF

Start date:  12 January 2022

Closing date: 9 February 2022

Title of the public consultation: Daily Penalties (Environment) (Amendment) Regulations, 2022

Ministry: Ministry for the Environment, Climate Change and Planning

Entity: Environment & Resources Authority

  1. Background

The proposed Daily Penalties (Environment) (Amendment) Regulations, 2022, seek to amend the Daily Penalties (Environment) Regulations (S.L. 549.72, i.e. the principal regulations).

The principal regulations provide a framework for the issuing of fines that accrue on a daily basis after the 16th day of non-compliance for the offences listed in Schedules I and II therein.

The draft Legal Notice seeks to amend the principal regulations so as to simplify the current Schedules, increase access to justice and provide better visibility to contraveners, thus ensuring a more fair and efficient regime.

The amendments specifically propose the following:

  1. In the case of concurrent offences which are subject to separate daily fines for different offences, the offender is to be subject only to the highest daily penalty applicable at any one time. Currently the principal regulations provide that in case of concurrent offences, the person shall be subject to separate daily penalties that shall accrue separately until all offences are addressed to ERA’s satisfaction;
  2. The introduction of the possibility to petition to the Environment and Planning Review Tribunal, whereby the Tribunal may accede to such petition in part or in whole when there are impelling reasons for it to do so;
  3. Schedules I and II of the principal regulations are being replaced by one Schedule, which no longer lists separate pieces of legislation. The proposed draft lists the types of breaches of environmental legislation which may lead to a daily fine, leading to simplification of the daily fines which may be imposed; and
  4. Minor ancillary amendments relating to terminology – for example, use of the word “notice” to be substituted by “Order” and “daily fine” instead of “daily penalty”.

Notably, the Legal Notice includes a transitory provision, specifying that any Order issued before the coming into force of the amendment is to remain in force provided that the applicable daily fines shall be those most favourable to the contravener.

  1. Consultation

In line with Article 55 of the Environment Protection Act (Cap. 549), the public is invited to make submissions to ERA with their comments as to why and how these draft regulations could be amended.

  1. Documents

Daily Penalties (Environment) (Amendment) Regulations, 2022

Regolamenti tal-2022 li jemendaw ir-Regolamenti dwar Multi għal Kull Ġurnata rigward l-Ambjent

  1. Submission of feedback

Comments will be received by email on era.policy@era.org.mt.

  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.