Cap. 549 Art. 88Transitory provisions.

With effect from the coming into force of the Environment

Protection (Amendment) Act, 2024:

(a) any pending legal proceedings with regard to the legislation listed in sub-paragraphs (i), (ii), (iii) or (v) of paragraph (b), to which the Malta Resources Authority is, or is entitled to be a party shall, as from the date of the coming into force of this article, be continued by, or against the Environment and Resources Authority;

(b) the following subsidiary legislation made under the provisions of the Malta Resources Authority Act shall, until other provision is made under, or by virtue of this Act, remain in force and have effect as if they were made under this Act and shall be renumbered accordingly:

(i) Notification of Groundwater Sources

Regulations;

(ii) Borehole Drilling and Excavation Works within the Saturated Zone Regulations;

(iii) Groundwater Abstraction (Metering)

Regulations;

(iv) Assessment and Management of Flood Risks Regulations; and

(v) Users of Groundwater Sources (Application) Regulations;

(c) The validity of any regulation, order, decision, authorisation, document, procedure or other instrument or measure made prior to the coming into force of the Environment Protection (Amendment) Act, 2024 shall not be affected by this Act, and such regulation, order, decision, authorisation, document, procedure or other instrument or measure shall continue to be valid after the coming into force of this Act. FIRST SCHEDULE

[Article 58(2)]

activities and operations referred to in article 58(1) include, amongst others, relation to biodiversity and other natural features:

(i) for whatever purpose, trade in, sell, buy, exchange, transfer or dispose, extract or abstract, transport, import, export or re-export such specimens of flora, fauna or other natural features, as may be prescribed whether dead or alive in whole or in part, including any derivatives thereof;

(ii) have such specimens as may be prescribed in transit;

(iii) have in his possession such specimens as may be prescribed;

(iv) handle such specimens as may be prescribed, in any manner including the ringing and tagging thereof;

(v) mount, stuff, trap, shoot or capture such specimens as may be prescribed;

(vi) deliberately pick, collect, cut, destroy, kill, pursue, take, damage, capture such specimens as may be prescribed;

(vii) uproot, fell, prune or carry out any surgical or other interventions on such specimens as may be prescribed;

(viii) use prohibited means of capture and killing as may be prescribed;

(ix) manage invasive and alien species as may be prescribed;

(x) introduce or reintroduce species as may be prescribed;

(xi) carry out activities in protected areas considered to have an effect on the diversity and the integrity of the site or its environmental characteristics;

(xii) carry out any activity which goes counter to the principles of ecological, geological, geomorphological, hydrology and landscape restoration or of good-practice conservation and management of biodiversity, natural features, landscapes and protected areas, as may be prescribed, including but not limited to: 1. activities which are expected to cause permanent or prolonged or otherwise significant alterations; 2. afforestation, planting, deforestation and removal of natural vegetation; 3. activities expected to generate, intensify or modify ambient noise, vibrations, light pollution, currents or other disturbances to the environment; 4. activities involving fires, fireworks, spillage hazards or other potentially hazardous factors; 5. activities considered to have an effect on biological diversity, on the physical aspect of the site, or on the integrity of the site and the landscape; 6. off-roading activities or events; 7. cleaning or dredging of valleys;

(xiii) modify, endanger the stability of or demolish any natural features, or any rural structures affording a habitat fauna or otherwise contributing to the integrity of or the physical environment, as may be prescribed;

(xiv) manage biological diversity as may be prescribed;

(xv) for the access to genetic resources and their benefit-sharing;

(b) in relation to waste management:

(i) store, treat, collect, transfer, recover or otherwise handle such waste as may be prescribed;

(ii) act as broker for the carrying out of the functions sub-paragraph (i);

(iii) trade in, import or export waste;

(iv) have such waste as may be prescribed in transit;

(v) operate waste management facilities;

(c) in relation to pollution control, conduct operations that cause or permit to be discharged such substance as may into the environment;

(d) in relation to the contained use of genetically modified organisms:

(i) deliberate release into the environment of genetically organisms;

(ii) trade in genetically modified organisms;

(iii) manage or otherwise have in his possession genetically organisms;

(e) any other activity as may be prescribed by regulations. SECOND SCHEDULE (articles 6 and 10A)

Provisions with respect to the Board of the Authority and the Commission provisions of this Schedule regulate the procedures to be followed by the Authority and by the Commission. Unless the context otherwise requires, of this Schedule, wherever the words "Board of the Authority" are used, construed as to include the Commission.

meetings of the Board of the Authority shall be called by the Chairperson, Board of the Authority shall meet at such times as the Board may decide.

Board of the Authority may act notwithstanding any vacancy amongst its provided there is a quorum present at the meeting.

quorum of the Board of the Authority shall consist of half the number of constituting the Board of the Authority, at the time of the meeting, Chairperson or the deputy Chairperson.

Chairperson or the deputy Chairperson acting in his place, shall have an and where the votes are equally divided, he shall have a second or casting members of the Board of the Authority present at its meetings shall cast favour or against any motion put to the vote. Decisions shall be adopted by majority of the votes of the members present.

Without prejudice to the provisions of article 13, a member of the Board of the has a direct or indirect interest in any matter coming before the Board of for its consideration shall, not later than the first meeting held after the circumstances have come to his knowledge, disclose the nature of his interest. disclosure shall be recorded in the minutes of the meeting and the member:

(a) shall not take part in any discussions or decisions of the Board of Authority with respect to that matter; and

(b) shall be disregarded for the purpose of constituting a quorum for discussions or decisions.

acts done by any person in good faith as a member of the Board of the be valid and effective as if he were a member even if some defect in his appointment is subsequently discovered.

Subject to the provisions of this Act, including this Schedule, the Board of the regulate its own procedures.

meetings of the Board of the Authority shall be open to the public in the cases:

(a) determination of environmental permit applications may prescribe by regulations ;

(b) reconsideration of environmental permits in accordance 62;

(c) revocation or modification in accordance with article

(d) reconsiderations in accordance with article 69(6);

(e) any other decision as the Minister may prescribe.

The Board of the Authority shall allow the applicant and his representative, one of them, and registered interested parties who made representations with the provision of article 59(3), to make submissions on any consideration. The Chairperson, at his absolute discretion, may also allow member of the public to make submissions, subject to the power of the exclude any member of the public if he deems it necessary to do so for the of order and to limit the participation of the applicant and his representative, registered interested parties who made representations in accordance with of article 59(3), or the public, as he may deem appropriate:

Provided that the Chairperson may, where he deems appropriate, conduct the meeting of the Board of the Authority through such electronic means of communication as he deems appropriate, in which case, the applicant representative, or any of them, and a registered interested party representations in accordance with the provision of article 59(3), and any public who, in the absolute discretion of the Chairperson, is allowed submissions, shall be allowed to make submissions through such electronic viable means of communication. The Chairperson may take all such measures, appropriate in his discretion, to ensure the proper conduct of the meeting other viable means. The Chairperson may also consider holding hybrid whereby Board of the Authority members can attend either physically means:

Provided further that in order to allow a member of the public the meeting held through electronic or other viable means of communication aforesaid, the Chairperson may, through a notice posted on the Authority’s require that anyone interested in participating in the said meeting, to interest, in the manner therein indicated, at least one (1) working day before the meeting, in order to enable the Chairperson to take any measure appropriate to allow the participation of the members of the public. paragraph shall be interpreted as voiding or annulling the procedure or including any decision taken by the Board of the Authority, should any public fail to participate in the proceedings, wherever allowed to do so, due of the electronic or other viable means used to conduct the meeting or his so:

Provided further that a member of the public’s attendance during a meeting of the Board of the Authority shall not be sufficient reason juridical interest to any person to file an appeal from a decision: Provided further that in case the Board of the Authority conducts its meeting electronic or other viable means of communication, any reference in this quorum or any reference made to the presence of or voting by the members the Authority at the meeting shall be construed accordingly:

Provided further that meetings of the Board of the Authority held through other viable means of communication in accordance with this paragraph same effect at law as if the said meetings were held physically.

Minutes of meetings held in public shall be made available to the public on the website.

Meetings of the Board of the Authority where the Directorates are providing the Board of the Authority do not need to be held in public but votes may