S.L. 549.46 ст. 18EIA report. Quality control. Commissioning of assessment by the Authority. Expertise available to the Authority. Availability of information from Government entities and local councils.

(1) The EIA report shall cover all the requirements specified in the terms of reference issued by the Authority, and shall include at least:

(a) a description of the project, including information on the design, size and other relevant features;

(b) a description of the project site and its surroundings, including their environmental characteristics;

(c) a description of the likely significant effects of the project on the environment;

(d) a description of the features of the project and/or measures envisaged in order to avoid, prevent or reduce and, if possible, offset any likely significant adverse effects on the environment;

(e) a description of the reasonable alternatives studied, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment; and

(f) any additional information specified in Schedule IV as relevant to the project and to the environmental features likely to be affected.

(2) The EIA report shall:

(a) be in either the Maltese or English language or both, as most appropriate in relation to the nature of the project, the site context, the public concerned and any international or transboundary relevance;

(b) contain a non-technical summary of the information referred to in sub-regulation (1), which shall be a separate document presented in both the Maltese and English languages; and

(c) list the names of the consultants and contributors responsible for the preparation of the EIA report, technical studies, appendices, non-technical summary and other components of the report, clearly identifying their respective contributions and responsibilities.

(3) The technical studies shall be attached to the EIA report in the form of appendices or annexes.

(4) The consultants shall ensure the professional and scientific integrity, veracity, coherence, concreteness, transparency, completeness and effectiveness of the content, discussions, analyses and recommendations in the EIA report. To this effect, it shall be the consultants’ responsibility to ensure that, inter alia:

(a) the analysis is presented in a clear, impartial, intelligible and user-friendly manner, in summary, tabular, graphical, map, diagrammatic or pictorial formats and in a descriptive manner, as appropriate;

(b) the techniques and methods used in the analysis and predictions are clearly described;

(c) adequate methodology is used, including appropriate timing, duration and frequency of any investigations, surveys and sampling as well as any required provision for any relevant seasonal variation to ensure a sufficiently representative and complete picture of any likely impacts;

(d) all assumptions and conditionalities, and their underlying reasoning, as well as any difficulties encountered and any relevant information that is incomplete, lacking, unclear or unavailable, are clearly and specifically indicated, are reasonable and realistic, and are limited to a minimum through appropriate investigation;

(e) all references to published works and sources of information are duly acknowledged, in such a manner as to enable access to, as well as verification, analysis and or contestation of, the source as relevant;

(f) the various reports constituting the EIA report are written in coordination with one another and presented in a coherent manner;

(g) the EIA report is not limited to a factual description of the situation and its projected evolution, and clearly identifies the likely environmental consequences; and

(h) recommendations are tangible, specific and realistically implementable, are not dependent on factors beyond the developer’s control, and are truly effective in addressing the identified impacts, risks and uncertainties.

(5) If any information cannot be realistically obtained or can only be obtained limitedly, the consultants shall include within the EIA report:

(a) a justification as to why such information is incomplete or unavailable, as well as an explanation of the relevance of such information; and

(b) a summary of existing credible evidence, or any alternative investigation based upon theoretical approaches, extrapolation or interpolation, or research methods generally accepted in the scientific community, which would provide a reasonable alternative basis for assessment.

(6) The provisions of sub-regulations (4) and (5) shall not preclude the Authority from verifying the justification for any claimed limitation, nor from requiring rectification of unjustified limitations.

(7) In the event that the Authority has any reasonable and significant doubt about the quality, sufficiency or impartiality of the EIA

report or any part thereof, or any other significant concern that cannot be addressed effectively and in accordance with the provisions of regulation 21, the Authority may commission an independent assessment at the expense of the developer and may establish such time-frames as it deems fit for this purpose. The Authority shall inform the developer of its intention before such commissioning and shall, in writing, ask the developer whether he wishes to proceed with the assessment or not. The provisions of regulation 6 shall apply, mutatis mutandis.

(8) The Authority shall ensure that it has, or has access to, sufficient expertise to analyse, verify and examine the EIA report and any other documentation relevant to these regulations.

(9) Government entities and local councils shall make available to the consultants, upon the developer’s or the consultants’

request, any information which they have in their possession and which may be relevant to the environmental impact assessment, provided that they shall not be required to disclose any information which, in terms of any law or code of practice, is considered to be confidential or secret. A reasonable charge covering the costs of providing the information may be made by the body supplying the information in accordance with this sub-regulation, and the costs shall be borne by the developer. The provisions of this sub-regulation shall, also apply to mutatis mutandis, any assessment pursuant to sub-regulation (7).

(10) Notwithstanding the content of the terms of reference, the Authority may, at any stage of the environmental impact assessment, seek from the developer, from the coordinator, from another Government entity or from any other person or combination thereof any supplementary information or communication which is relevant to reaching the reasoned conclusion on the project and its significant effects on the environment.