S.L. 156.2 Art. 9Public participation.

(1) The drilling of an exploration well from a non-production installation shall not be commenced unless the Licensing Authority shall have previously ensured that early and effective public participation on the possible effects of planned offshore oil and gas operations on the environment pursuant to other European Union legal acts, in particular Directive 2001/42/ EC or 2011/92/EU as appropriate, has been undertaken.

(2) Where public participation has not been undertaken pursuant to sub-regulation (1), the Licensing Authority shall ensure that the following arrangements are made:

(a) the public is informed, by means of a notice in the Gazette or in at least one local daily newspaper in the English language and in the Maltese language, where it is planned to allow exploration operations;

(b) the public concerned is identified, including the public affected or likely to be affected by, or having an interest in, the decision to allow exploration operations, including relevant non-governmental organisations such as those promoting environmental protection, and other relevant organisations;

(c) relevant information about such planned operations is made available to the public at the time the notice referred to in paragraph (a) is published including, inter alia, information about the right to participate in decision-making, and to whom comments or questions may be submitted;

(d) the public is entitled to express comments and opinions within eight (8) weeks from the time the notice referred to in paragraph (a) is published at a time when all options are open before decisions to allow exploration are taken;

(e) when decisions under paragraph (d) are taken, due account is taken of the results of the public participation; and

(f) the public is informed not more than a maximum of four (4) weeks after decisions under paragraph (d) are taken, about the decisions taken and the reasons therefor and the considerations upon which those decisions are based, including information about the public participation process.

(3) This regulation does not apply in respect of areas licensed before 18 July 2013.