S.L. 549.100 Art. 16Actions that may be taken by the competent authority. Cap. 423. Cap. 549.

(1) Where the competent authority considers that the conditions attached to a permit are no longer adequate, or that the activity authorised by the permit poses a previously unforeseen risk to the environmental objectives listed in regulation 5, it may:

(a) alter the terms and conditions attached to the permit;

(b) serve a remedial notice upon the permit holder setting out the steps which must be taken to comply with the altered conditions and to remove the risk or actual harm as well as the period in which these steps must be completed: Provided that the competent authority must include in its remedial notice the steps that the permit holder must comply with so as to remedy the situation as well as the time by which such steps must be taken;

(c) revoke the permit.

(2) Where the previously unforeseen risk arising from an activity authorised by a permit cannot be mitigated by measures under sub-regulation (1), or when the conditions attached to a permit are no longer adequate, the competent authority may suspend the permit in whole or in part as necessary to avert the risk, and in each case without being liable to paying any compensation or refund of anything paid or made in securing the permit.

(3) Where the competent authority believes that a permit holder is, or is likely to be, in breach of the conditions attached to his permit or these regulations in general, the competent authority may issue an enforcement notice specifying the breach of the conditions, the steps which must be taken to prevent it and the time in which these steps must be completed.

(4) If a permit holder fails to comply with a remedial or enforcement notice, the competent authority may, apart from revoking the permit in whole or in part, itself undertake the remedial action required, defraying the expenses incurred out of the permit holder’s financial assurance.

(5) The competent authority may additionally bring into effect any punitive measures specified therein, including confiscation of all or part of the financial assurance: Provided that, if the cost of this remedial action exceeds the financial assurance, the person responsible shall bear the additional costs.

(6) Action by the competent authority under sub-regulations

(3) and (4) shall be without prejudice to regulations 17, 18 and 19.

(7) For the purposes of this regulation, "permit" means any permit issued by the competent authority under the Malta Resources Authority Act and, or under the Environment Protection Act or any regulation made thereunder.