Cap. 549 Art. 8Functions of the Authority.

(1) The Authority shall be the principal means whereby the Government shall implement its duties under this Act.

(2) The functions of the Authority shall be:

(a) to perform and succeed in the functions, assets, rights, liabilities and obligations of the competent authority established under the provisions of article 6 of the Environment and Development Planning Act and under the provisions of article 3 of the Malta Resources Authority Act in so far as such functions, assets, rights, liabilities and obligations refer to the role of the competent authority established under the said Act in relation to the protection and management of the environment and sustainable management of natural resources, and the prevention, mitigation, offsetting or remediation of adverse effects on the environment;

(b) to formulate and implement policies relating to the protection and management of the environment and the sustainable management of natural resources, and on such other matters as may be necessary for the better carrying out of the provisions of this Act;

(c) to carry out and or commission surveys, studies, assessments, investigations, audits, monitoring and promote research on any matter relating to the environment and the natural resources regulated by or under this Act;

(d) to provide information and issue guidelines to the public and to commercial and other entities on matters relating to the environment and the said natural resources;

(e) to establish measures for the protection of the environment and to promote the efficient use of natural resources in, and through, the practices, operations, activities and functions regulated by or under this Act;

(f) to ensure that national and international obligations relative to the matters regulated by or under this Act are entered into force and complied with;

(g) to permit, assess, investigate, audit, monitor, and take action on, any activity, intervention, project, operation or land use that may have an effect on the environment;

(h) to advise the Minister on international legislation and on the formulation of national policy in relation to matters regulated by this Act and on matters having a bearing on this;

(i) otherwise to advise the Minister on any matter connected with its functions under this Act;

(j) to carry out, review or request others to carry out environmental assessments, environmental audits and environmental monitoring of activities and works having an impact on the environment;

(k) to perform such other functions as may from time to time be assigned to it by the Minister;

(l) to regulate, monitor and keep under review all practices, operations and activities regulated by, or under this Act;

(m) to grant any licence, permit or other authorisation, for the carrying out of any operation or activity regulated by, or in accordance with this Act;

(n) to establish the minimum qualifications to be possessed by any person who is engaged or employed in any activity regulated by, or in accordance with this Act; and

(o) to ensure the optimum utilisation of mineral resources and regulate the minerals extracted.

(3) In carrying out its functions under sub-article (2) the Authority shall:

(a) seek to co-operate or to make arrangements with other entities or persons to enable it to better implement or monitor the implementation of and compliance with the provisions of this Act;

(b) establish long and short term objectives and strategies;

(c) make or advise the Minister on the making of environmental standards, guidelines and the making of regulations, plans and policies under this Act as well as advise on the formulation and implementation of contingency and emergency plans, led by other authorities, to safeguard the environment;

(d) issue or withhold any authorisation or conduct or oversee any assessment, monitoring or other action that may be required by or under this Act under such conditions as it may, subject to any other provision of this or any other law, deem necessary to control and manage activities having an impact on the environment or which may potentially impact the environment;

(e) establish threshold levels of discharge from production, management, use, possession or any other activity involving products and substances, their waste products and pollution;

(f) monitor the quality of the environment and for such purpose establish indicators and methodologies, and maintain and disseminate information related to the environment; and

(g) publish, at intervals not more than four years, a report on the state of the environment.

(4) For these purposes, and subject to the provisions of this Act, the Authority shall be responsible for:

(a) ensuring that environmental audits, environmental assessments and environmental monitoring as may be prescribed are properly carried out;

(b) the preparation of the plans and policies including any other matter ancillary, incidental or conducive thereto, and the updating thereof following their approval in terms of this Act;

(c) the conduct of consultations with Government, public entities, local councils, non-governmental organizations, private organizations and international organizations and other persons relating to environmental protection and the sustainable management of the environment and natural resources, and to undertake and promote research on such matters;

(d) the provision of support and advisory services relating to environment protection, to Government and local authorities in relation to the performance of their functions;

(e) the provision of, either alone or in collaboration with others, education, training and public awareness programs relating to environmental protection, conservation and the sustainable management and monitoring of the environment;

(f) the publication and updating, as circumstances may warrant, of an official manual containing such matters as the Minister may prescribe and which shall be made available to the public, provided that:

(i) no policy or amendment thereto approved in terms of article 51 shall have effect unless it is approved in accordance with the provisions of this Act and published in the official manual;

(ii) a policy or an amendment thereto, as the case may be, shall be published in the official manual within one month from the date of its approval in terms of this Act;

(iii) the official manual may be published and updated in electronic form or in any other format as the Authority may approve;

(g) the performance of such other functions as may from time to time be assigned to it by the Minister, including the functions required to give effect to any international obligation, including European obligations and bilateral agreements entered into by Malta relative to matters regulated by this Act.

(5) In the execution of its functions under this Part and Part V, the Authority shall consult with the Minister, and it shall have and may exercise all or any one of more of the powers vested in it or entrusted to it by this Act.

(6) The Authority may also exercise all powers of control over the environment as may from time to time be delegated to it in writing by the Minister on behalf of any department or entity of Government.

(7) It shall be the Minister’s function to ensure that the Authority is fully informed of Government’s strategic directions relative to the environment, and to monitor the proper execution of such policies.

(8) The Authority shall execute its duties, functions and responsibilities in accordance with Government’s strategic directions relating to the environment as well as such policies relating to the environment as are applicable to Malta.

(9) In the pursuance of its functions under this Act, the Authority shall, as far as possible, make reference to European best practices and emulate them.

(10) The Authority shall also ensure that it keeps an audit trail of all its processes, including all documentation and reports.

(11) The Authority may require any holder of environmental information to provide it with any information, including financial information that the Authority considers necessary for the purpose of ensuring compliance with the provisions of this Act, regulations prescribed thereunder and decisions or directives made in accordance with this Act, regulations prescribed thereunder or any other law which the Authority is entitled to enforce. Any person who fails or refuses to provide such information shall be in contravention of this Act and shall be liable to the imposition of an administrative fine as may be prescribed by the Authority.