To date,
there are no legal obligations on households, businesses and government
entities alike to separate waste at source, resulting in a significant share of
recyclable waste resources being disposed of as mixed residual waste (i.e. the
black bag). The Waste Management Plan for Malta 2021
– 2030 identifies the establishment of mandatory waste
separation as a key measure to increase recycling efforts and the quality of
recyclable material, as well as decrease the amount of waste being landfilled,
in line with EU commitments. Two Legal Notices (LNs) are being proposed with
the aim of introducing mandatory separation at source requirements within
national legislation, namely:
1. The Waste
(Amendment) Regulations, 20XX; and
2. The Abandonment,
Dumping and Disposal of Waste in Streets and Public Places of Areas (Amendment)
Regulations, 20XX.
Overview of the proposed draft LNs
The first LN amends the Waste Regulations (S.L. 549.63) and introduces
a new regulation 12A with a duty upon every person to separate the following
waste streams at source prior to their separate collection:
ü paper;
ü metal;
ü plastic;
ü glass;
ü bio-waste;
and
ü any
other waste stream as determined by the Minister.
This would apply to every person – including households, businesses, government
buildings, etc., and regardless of whether waste is generated at home, at work, or in public places.
Co-mingled collection of certain waste streams may be allowable if
carried out in line with the provisions of Schedule 3 of S.L. 549.40 – at
present, this refers to the co-mingled door-to-door collection of recyclable
paper, plastic and metal in the grey/green bags.
As regards waste generated in public places (at beaches, walking in the
streets, etc), this new obligation will apply where relevant bins for the
separate collection are so available to the public.
The second Legal Notice amends the Abandonment, Dumping and Disposal of
Waste in Streets and Public Places of Areas Regulations (S.L. 549.40) so
as to introduce the obligation to separate waste as a new Regulation 4B,
by cross-referencing to the obligation within regulation 12A of the Waste
Regulations.
The following applicable
fines (ammenda) for failing to
separate waste correctly are being proposed:
For waste from commercial
establishments: