Prevention and Remedying of Environmental Damage (Amendment) Regulations, 2021

 

CONSULTATION BRIEF

Start date: 25 March 2021

Closing date: 22 April 2021

Title of the public consultation: Prevention and Remedying of Environmental Damage (Amendment) Regulations, 2021

Ministry: Ministry for the Environment, Climate Change and Planning

Entity: Environment & Resources Authority

 

  1. Background

The Prevention and Remedying of Environmental Damage Regulations (S.L. 549.97), transpose Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage.

The amendments being proposed to these regulations seek to amend regulation 13 so as to include a further category of natural or legal persons that may submit a request for action to ERA (as competent authority therein), whilst retaining the existing two categories outlined in sub-paragraphs (a) and (b).

The new sub-paragraph (c) entitles those “alleging the impairment of a right emanating from a valid license or permit,” to submit observations relating to instances of environmental damage of which they are aware and to request the competent authority to take action under the regulations.

Additional amendments to regulation 13(2) and (3) of S.L. 549.97 are being included therein to clarify that NGOs incorporated for the purpose of promoting environmental protection and meeting any requirements under the Voluntary Organisations Act, shall be deemed to have rights capable of being impaired for the purpose of sub-regulation (1)(c). Furthermore, when submitting a request under this sub-paragraph, the applicant must include evidence to substantiate the alleged impairment.

 

  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 regulations could be amended.

 

  1. Documents

Prevention and Remedying of Environmental Damage (Amendment) Regulations, 2021

Regolamenti tal-2021 li jemendaw ir-Regolamenti dwar il-Prevenzjoni u r-Rimedjar ta’ Danni Ambjentali

 

  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.