THE NEW ENVIRONMENT PROTECTION ACT COMES INTO FORCE TOGETHER WITH 19 REGULATIONS

The New Environment Protection Act (Act XX of 2001) has come into force with immediate effect today and the Environment Protection Department has been designated by the Minister for the Environment as the ‘competent authority’ in terms of the same law. Immediately a set of 19 Regulations have been issued in virtue of the new Environment Protection Act.

These regulations treat various subjects on the environment, such as water quality, air quality, waste and chemicals.

A. Regulations on Water Quality

1. Pollution caused by Certain Dangerous Substances Discharged into the Aquatic Environment. These regulations provide for the implementation of measures to eliminate aquatic pollution.

2. Limit Values and Quality Objectives for Mercury Discharges by the Chlor-Alkali Electrolysis Industry Regulations.

3. Limit Values and Quality Objectives for Hexachlorocyclohexane Discharges Regulations.

4. Limit Values and Quality Objectives for Mercury Discharges by Sectors other than the Chlor-Alkali Electrolysis Industry Regulations.

5. Limit Values and Quality Objectives for Cadmium Discharges Regulations.

6. Limit Values and Quality Objectives for Discharges of Certain Dangerous Substances into the Aquatic Environment Regulations.

Each of these last five regulations set limit values and quality objectives for specific metal discharges.

B. Air Pollution Regulations

1. Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer (Incorporation) Regulations which incorporates the Vienna Convention and the Montreal Protocol into Maltese Law.
2. Air Pollution by Ozone Regulations which establish a harmonized procedure for monitoring, exchanging information, informing and warning the population with regard to air pollution by ozone.
3. Ambient Air Quality Assessment and Management Regulations which provide for the assessment and Management of ambient air quality.
4. Limitation of Emission of Volatile Organic Compounds Regulations which regulate emissions of VOCs from installations.
5. Control of Volatile Organic Compound Emissions (Storage and Distribution of Petrol from Terminal to Service Stations) Regulations which regulate emission of VOCs from Petrol storage installations.
6. Limit Values for Nitrogen Dioxide, Sulphur Dioxide and Oxides of Nitrogen, Particulate Matter and Lead in Ambient Air Regulations which set limit values for the concentrations of air pollutant in ambient air.
7. Measures against the Emission of Gaseous and Particulate pollutants from Internal Combustion engines (Non-road Mobile Machinery) Regulations which regulate emissions from the above-mentioned machinery.
8. Combating Air Pollution from Industrial Plants Regulations which regulate emissions from plants.
9. Quality of Petrol and Diesel Fuels Regulations which set stringent environmental specifications for fuels.

C. Waste Regulations

1. Waste from the Titanium Dioxide Industry Regulations which regulate the Titanium Dioxide waste Industry and its associated wastes.
2. The Sludge (Use in Agriculture) Regulations which regulate the use of sewage sludge in agriculture.

D. Chemicals Regulations

1. Prevention and Reduction of Environmental Pollution by Asbestos Regulations which provide for measures to reduce asbestos waste.

Penalties

A person failing to comply with the above regulations may be liable on the first conviction to a fine (multa) of not less than Lm500 but not exceeding Lm1000 and on a second or subsequent convictions to a fine (multa) of not less than Lm1000 but not exceeding Lm2000 or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. Furthermore any person who has been found guilty of committing an offence against these regulations may be ordered by the court to pay for the expenses incurred by the public entities and/or other persons acting on their behalf as well as to pay any expenses incurred for the restitution of the environment as a result of the said offence. The court may also order the revocation of any permit issued by the Police and the confiscation of the corpus delicti.

Finally there are the regulations on Freedom of Access to Information on the Environment which ensures freedom of access to and the dissemination of information on the environment held by public authorities and to set out the basic terms and conditions on which such information should be made available.