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Environmental rules - Malta

Updated 08/2011

Legal requirements

Most national legislation contains provisions for monitoring and reporting, as well as awareness-raising, and the formulation of action or management plans that set out a series of actions to improve the state of the environment.

Environmental control

Land development

The Malta Environment and Planning Authority (MEPA) regulates and monitors the development and use of land through Development Control, which aims to protect the character of towns, villages and the countryside.

Waste management

MEPA is the Competent Authority regulating all waste management facilities and activities in Malta. The National Solid Waste Management Strategy for the Maltese Islands is an essential element of MEPA's strategic waste management planning.

Chemicals

MEPA issues permits for large scale installations, to integrate the VOC (volatile organic compound) solvent emission regulations into environmental permit conditions. It also regulates the environmental impact of enterprises through two key mechanisms:

  • smaller scale activities, regulated through a set of General Binding Rules (GBRs) on enterprises within a common group (e.g. Chemicals, Fuels and Gases Group);
  • larger scale activities, regulated through an Environmental Permit issued on an individual basis.
  • Chemical legislation - MEPA

Water

The protection and improvement of water quality are coordinated on the basis of the areas established for the purposes of the EU Water Framework Directive.

Malta has one Water Catchment Plan, as it has been designated as one water catchment district covering the whole of its territory and the different water bodies.

Climate and air

MEPA is responsible for the implementation in Malta of a number of EU environmental legislation climate change measures, as well as obligations from the United Nations Framework Convention on Climate Change.

The Ministry for Resources and Rural Affairs is responsible for the development and implementation of national Climate Change Policy in Malta.

National legislation on ambient air quality protects against significant negative effects of air pollution on human health and the environment.  The main legislation is the EU's Ambient Air Quality Assessment and Management directive.

MEPA is responsible for the monitoring of air pollution in ambient outdoor air and for coordinating policy measures.

Noise protection

The implementation of the EU Environmental Noise Directive by MEPA is envisaged to be done in two stages, namely:

Shipment of waste

A small state like Malta does not have the technical capacity or facilities to dispose of certain categories of waste environmentally, therefore it provides an option for valorising and for attaining environmentally sound management of its waste by shipping it from one country to another.

Wastes for disposal - waste may only be shipped from Malta to another EU country, except the UK which only accepts waste for disposal following an official request to its Environmental Agency. The Written Notification Procedure applies.

Wastes for Recovery - shipments of hazardous waste destined for recovery from Malta are only allowed to EU and OECD (Organisation for Economic Co-operation and Development) countries. The Written Notification Procedure applies.

Shipment from Malta of non-hazardous waste for recovery are allowed to EU, OECD and EFTA countries which are also parties to the Basel Convention. The Green list waste procedure applies.

Radiation Protection

The Radiation Protection Board is the primary Maltese agency charged with protecting people and the environment from harmful and avoidable exposure to radiation. Its responsibilities include:

  •  setting protective limits on radioactive emissions and associated risks to public health and the environment;
  • assessing radiation risk;
  •  aiding in the response to emergencies involving radioactive materials;
  •  communicating - providing information and inviting participation in radiation exposure protection programs;
  •  working cooperatively with industry, other agencies, and national and international organizations that have radiation protection responsibilities.

MEPA's remit under the National Environment Radioactivity Surveillance Plan (NERSP) covers four actions:

High-risk activities

A system of environmental permits is being established for high-risk activities regulated by the Integrated Pollution Prevention and Control (IPCC) Regulations.

Businesses are free to go beyond the minimum environmental legal requirements at their own initiative.

Administrative procedures

Declaration procedures

Land development

Applications for land development   should be submitted by an architect. Details on the different application forms and the information which should be provided with an application are set out in the Planning Directorate's Guidance Notes for Architects.  Further information can be obtained from MEPA's front desk.

Waste management

Essential elements of sustainability in waste management policy are done through a process of strategic waste management planning, including the preparation of a National Solid Waste Management Strategy for the Maltese Islands. MEPA is the Competent Authority regulating waste management, and provides for the regulation of all waste management facilities and activities.

MEPA published a position paper on the disposal of waste at sea, which recognises the risks involved. It considers disposal of waste at sea to be considered only in the absence of an alternative disposal option, and only for inert waste. Moreover, disposal sites at sea must be designated after proper environmental assessment.

Permits and licences

Industry is regulated by the Environmental Protection Act and subsidiary legislation, including:

  • IPPC Regulations - covering high-risk installations, such as power stations, certain waste management activities, large farms, etc.
  • Waste Management Regulations - defining waste management permits and registration systems (including waste carriers and waste brokers).
  • Additional permitting regulations - on specific issues and/or sectors, e.g. VOC solvents, marine discharges, petrol stations & fuel terminals, various chemicals, etc.
  • IPPC Regulations
  • Waste carriers
  • Waste brokers
  • VOC solvents
  • Marine discharges

The environmental permitting system is currently being implemented on a voluntary basis. Companies wishing to apply should fill out an application form and submit one digital and one printed copy to MEPA.

Waste management

MEPA renews such permits on a yearly basis to ensure continual adequate waste management.

The main aim of the  Packaging and Packaging Waste Regulation   is to encourage the reduction, reuse and recycling of waste. Its first priority is preventing the production of packaging waste, and then reuse of packaging, recycling and other forms of recovery of packaging waste.

Chemicals

The Environment Protection Directorate (EPD), part of MEPA, issues Environmental Permits to large scale installations. The EPD asks companies that fall within the scope of the Limitation of Volatile Organic to Compounds Regulations to apply for a relevant operational permit.

Climate and air

Under the EU Emissions Trading Scheme Directive the operator of stationary installations falling within the scope of the scheme should provide the competent authority with all requested information when applying for a permit.

However, being issued a permit under the EU ETS Directive does not release the operator of a stationary installation from acquiring any other relevant permit applicable under other environmental legislation.

Aircraft operators falling within scope of the ETS Directive are not required to hold a greenhouse gas emissions permit.

High-risk activities

A system of environmental permits is being established for high-risk activities regulated by the Integrated Pollution Prevention and Control (IPCC) Regulations.

All installations which fall under Schedule 1 of the IPPC Regulations must obtain authorisation from MEPA to be allowed to operate.

Inspections

Land development

MEPA monitors all land development operations to ensure they are only carried out in accordance with the Development Planning Act. However the Planning Enforcement Unit (PEU) has organized an effective monitoring system which collates digital data of all site inspections carried out by its inspectors and their results. This data is regularly maintained and is available on request.

All sites on which a refusal decision is issued are included in the monitoring system.

Sites are inspected periodically depending on the importance/sensitivity of the permitted/refused development. Inspections cease once a development is certified complete.

Chemicals

MEPA regulates the environmental impact of enterprises.

Certain enterprises of limited environmental significance (e.g. insurance companies) are exempt from control through a GBR or Permit - the environmental conditions set out in this General Binding Rule (GBR) are aimed at improving the environmental performance of small scale enterprises involved in the storage and wholesaling of fuels and chemicals and in the preparation of chemical based products such as paints, soaps, perfumes etc.

Resources

The Malta Environment and Planning Authority provides manuals, legislation, and publications about environment.

Check also the legislation on this topic in:

  • References

    Legal texts

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Further help

Mobile Plus is a special service available through the authority, which enables people to check the status of their planning application via their mobile phone by using text messages.

Customers need only send the Planning Application number in a text message (SMS) to mobile number 50619800, and within seconds a message with the status of the application will be returned to the sender.