CONSULTATION BRIEF 

Start date: 21 February 2024

Closing date: 17 April 2024

Title of the public consultation: Environmental Permitting (Procedure for Applications and their Determination) Regulations, 2024

Ministry: Ministry for Environment, Energy and Regeneration of the Grand Harbour (MEER)

 Entity: Environment and Resources Authority (ERA)

1. Background

The draft regulations introduce a consolidated environmental permitting framework, with the aim of establishing procedure and consolidate current fragmentary permitting regimes, providing more clarity to applicants and serve to prescribe which environmental permit applications shall be decided in public.

The draft regulations are being made to streamline, and for some sectors, replace existing permitting regimes covering a multitude of operations, interventions or activities (hereinafter referred to as ‘activities’).  In addition, the regulatory scope will be extended to other areas that are currently unregulated. It is also seeking to introduce a common procedural structure both in terms of application processing and fees.

The law distinguishes activities on different tiers according to the scale of activity. To be able to distinguish between different levels of authorisations, the law identifies three types of authorisations:

1. 1. 1. Level I – which are analogous to the low scale activities;
      2. Level II – addressing medium sized activities; and
      3. Level III – addressing larger scale activities.

For each type of authorisation, the law is establishing:

1. 1. 1. Processing time frames applicable for both the applicant and the Authority
      2. procedure for renewal of permits, variations, modifications, and cessation of activities
      3. Stakeholder and public participation, as applicable
      4. Applicable Fees

These regulations serve to establish a common framework for the applications and their determination by the Authority, provisions on financial guarantees, emergency authorisations, renewal of authorisation, transfers of permits, cessation of activities, appeals from decisions, modifications and revocation of authorisations. The proposed legislation seek to provide a consolidated framework for the Regulator, applicants, stakeholders, and the public at large.

2. 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 regulations could be amended.

3. Documents

Environmental Permitting (Procedure for Applications and their Determination) Regulations, 2024

Regolamenti tal-2024 dwar il-Permessi Ambjentali (Proċedura tal-Applikazzjonijiet u d-Deċiżjoni Relattiva)

 Submission of feedback

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

5. 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.