Environment Protection Act, 2001 (Act No. XX of 2001).

An Act to lay down general principles of environmental protection in Malta and to make provision for environmental authorities, environmental impact assessment, licensing and other matters relating to management and conservation of the environment.
The text consists of 28 sections divided into 28 Parts: Preliminary (I); Duty to protect the environment (II); The Authority (III); National Commission for Sustainable Development (IV); Duties and powers of the Minister (V); Licences (VI); Environmental Impact Assessment (VII); The Environment Fund (VIII); Right to information (VIII); Miscellaneous (IX).
Section 2 contains and extensive list of definitions including "biological diversity", "conservation", "environment", "natural resources", and "precautionary principle". Part II outlines general duties of the public (sect. 3) and the Government (sect. 3) to protect the environment. The Minister responsible for the environment shall nominate a person or body to be the competent Authority for purposes of this Act under provisions of Part III. Section 7 declares that "the Authority shall be the principal means whereby the Government shall implement its duties under this Act". The Authority shall advise the Minister on environment and sustainable development policies. In addition, the Authority may issue licences, establish discharge levels, monitor the quality of the environment and carry out other functions outlined in section 7. There is established a National Commission for Sustainable Development which shall prepare a National Strategy for Sustainable Development and carry out other functions outlined in Part IV. Part V defines in detail the regulation making powers of the Minister responsible for the environment. No person shall carry out any of the activities specified in section 11 of Part VI without a licence from the Authority. Granting of licences is related in various to the protection of biodiversity. The Minister may prescribe activities that shall be subject to environment impact assessment before permission may be granted by the Planning Authority under the Development Planning Act. Environment Impact Assessments shall be submitted to the Authority. The Authority shall set up the Environment Protection Fund for purposes of this Act under section 18.

Attached files

Long title of text

An ACT to protect the Environment.

Date of text

18 Sep 2001

Entry into force notes

This Act shall come into force on one or more dates as the Minister responsible for the environment may, by notice in the Gazette, establish.

Regulations specified in the Schedule shall be repealed.