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Daily Penalties (Environment) (Amendment) Regulations, 2022

CLOSED CONSULTATION  

   
 
From: Ministry for the Environment, Climate Change and Planning
(
Environment & Resources Authority)
​Published: ​12 January 2022
Running till:  ​ 9 February 2022
​Last Updated: ​11 February 2022

We are analysing your feedback.

Please visit this page again to download the outcome report with reference to this Public Consultation.

Original consultation


1.        Background​

 

The proposed Daily Penalties (Environment) (Amendment) Regulations, 2022, seek to amend the Daily Penalties (Environment) Regulations (S.L. 549.72, i.e. the principal regulations).

The principal regulations provide a framework for the issuing of fines that accrue on a daily basis after the 16th day of non-compliance for the offences listed in Schedules I and II therein.

The draft Legal Notice seeks to amend the principal regulations so as to simplify the current Schedules, increase access to justice and provide better visibility to contraveners, thus ensuring a more fair and efficient regime.

The amendments specifically propose the following:

a)     In the case of concurrent offences which are subject to separate daily fines for different offences, the offender is to be subject only to the highest daily penalty applicable at any one time. Currently the principal regulations provide that in case of concurrent offences, the person shall be subject to separate daily penalties that shall accrue separately until all offences are addressed to ERA’s satisfaction;

b)     The introduction of the possibility to petition to the Environment and Planning Review Tribunal, whereby the Tribunal may accede to such petition in part or in whole when there are impelling reasons for it to do so;

c)     Schedules I and II of the principal regulations are being replaced by one Schedule, which no longer lists separate pieces of legislation. The proposed draft lists the types of breaches of environmental legislation which may lead to a daily fine, leading to simplification of the daily fines which may be imposed; and

d)     Minor ancillary amendments relating to terminology – for example, use of the word “notice” to be substituted by “Order” and “daily fine” instead of “daily penalty”.

Notably, the Legal Notice includes a transitory provision, specifying that any Order issued before the coming into force of the amendment is to remain in force provided that the applicable daily fines shall be those most favourable to the contravener.


2.        Consultation Questions
 
In line with Article 55 of the Environment Protection Act (Cap. 549) the public is invited to make submissions to ERA with their comments as to why and how these regulations could be amended.

3.        Documents
 
4.        Submission of input
 
Submissions were sent by email to era.policy@era.org.mt

Submissions were received by 9 February 2022.                             
We thank you for your input.

Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.

Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address: onlineconsultations@gov.mt.

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).

 

In addition, please be aware of:
 
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.​


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