Document PDF
Document PDF
Document PDF
46 1
LEGAL NOTICE 114 of 2007, as amended by Legal Notices 425 of 2007, 438 of 2011, 211
and 263 of 2015, and 81 of 2016.
Arrangement of Regulations
Regulations
Part I General Provisions 1-2
Part II Types of Environmental Impact Assessment 3-9
Part III Full Environmental Impact Assessment 10 - 32
(requiring an Environmental Impact Statement)
Part IV Limited Environmental Impact Assessment 33
(requiring an Environmental Planning Statement)
Part V Transboundary Effects 34
Part VI Register of Consultants and Reviews 35 - 42
Part VII Enforcement 43
Part VIII Miscellaneous Provisions 44 - 45
Part IX Transitory Provisions 46 - 47
2 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
PART I
GENERAL PROVISIONS
Citation and 1. (1) The title of these regulations is the Environmental
coming into force. Impact Assessment Regulations.
(2) These regulations shall come into force on the date of
publication of these regulations, other than Part VI, which shall
come into force on such date as the Minister responsible for the
environment may by notice in the Gazette appoint, and different
dates may be so appointed for different provisions and different
purposes of these regulations.
environment;
"precautionary principle" means the adoption of, or taking of
preventative measures when there are reasonable grounds for
concern that threats of serious or irreversible damage to the
environment might occur even if there is a lack of scientific
certainty: provided that such uncertainty shall not be used as a
r e a s o n f o r p o s t p o ni n g m ea s u r e s t o a v o i d , r e du c e , p r e v e n t ,
anticipate or control such threats or damage to the environment;
"project" means the proposed development for which a
development permission is being sought;
"project description statement" means a description of the site
and the proposed development in sufficient detail to identify the
likely effects on the environment and their acceptability under
specific policie s contained i n the St ructure Plan and other
development plans and in planning policies;
"protected sites and areas" means:
(a) any property scheduled under the provisions of article
69 of the Act;
(b) any property which, though not being scheduled
property under the provisions of article 69 of the Act,
is protected under the provisions of article 69(10) of
the Act by an emergency conservation order;
(c) any tree scheduled under the provisions of article 69 of
the Act;
(d) any area, building, site or archaeological remains
protected under the provisions of the Act, or any other
law which may from time to time replace it;
(e) cultural heritage as defined by article 2 of the Cultural Cap. 445.
Heritage Act, which is protected according to the
provisions of that Act or of any other law which may
from time to time replace it;
(f) any urban conservation area designated under the
Structure Plan and any other development plan;
(g) any rural conservation area designated under the
Structure Plan and any other development plan;
(h) any village core area designated under the Temporary
Provisions Schemes; and
(i) any other objects, areas or sites which are protected
under the provisions of any other law;
"public" means one or more natural or legal persons and, in
accordance with national legislation or practice, their associations,
organisations or groups;
"the public concerned" means the public affected or likely to be
affected by, or having an interest in, the environmental decision-
making procedures referred to in these regulations; for the purposes
of this definition, non-governmental organisations promoting
environmental protection and meeting any requirements under
national law shall be deemed to have an interest:
8 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
PART II
TYPES OF ENVIRONMENTAL IMPACT ASSESSMENT
3. (1) The Malta Environment and Planning Authority shall Environmental
be the responsible competent authority for performing the duties as impact assessment.
Amended by:
set out in these regulations. L.N. 211 of 2015.
(2) An environmental impact assessment is intended to
identify, describe and assess in an appropriate manner, in the light
of each individual proposal for development and in accordance
with the provisions of these regulations, the direct and indirect
effects of that development on the following factors:
(a) fauna and flora, and the living components of the
environment;
(b) soil, water, air, climate, the landscape, and the non-
living components of the environment;
(c) the interaction between the factors mentioned in
paragraphs (a) and (b);
(d) material assets and the cultural heritage; and
(e) human beings and their interactions with the factors
mentioned in paragraphs (a) to (d).
(3) An environmental impact assessment, depending on the
type of the development, shall take one of the following forms:
(a) either a full environmental impact assessment; or
(b) a limited environmental impact assessment.
(4) Any development listed under Category I of Schedule IA
shall require a full environmental impact assessment by the
preparation of an environmental impact statement, unless the
10 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
unacceptable; or
(d) if the project description statement indicates that the
proposed development will have unacceptable
environmental impacts.
Project description 5. (1) Without prejudice to the provisions of the
statement. Development Planning Act, and in addition to the requirements
Cap. 552
mentioned in subregulation (2) of that regulation, an application for
development permission concerning any development that may
require to be subjected to an environmental impact assessment
under regulation 3 to these regulations shall be accompanied by a
project description statement.
(2) If an application for development permission is not
accompanied by a project description statement as provided in
subregulation (1) and, in the opinion of the Director of
Environment Protection in terms of regulation 3(4), (5), (6) and (7),
such application is one which may require an environmental impact
assessment, the Director of Environment Protection shall inform
the applicant that his application may require an environmental
impact assessment and that in term s of article 74(2) of the
Cap. 552. Development Planning Act, the period of time mentioned in article
74(1) of the Development Planning Act for the determination of the
application shall be suspended until the applicant furnishes the
Authority with a project description statement in terms of
subregulation (1) of this regulation.
(3) A project description statement shall contain the following
information as applicable:
(a) details of the person wishing to carry out the
development;
(b) a brief description of the project and its general
objectives;
(c) an indication of the proposed timing of the project and
why this timing was preferred;
(d) the location of the proposed development with site
boundaries clearly shown on a map;
(e) a concise but reasonably comprehensive indication of
the alternative uses, alternative technologies and
suitable alternative locations and sites for the proposed
development and alternative arrangement of land uses,
on the proposed site;
(f) a description of the physical characteristics including
size, scale, design and phasing of the development
using models, photographs, diagrams, plans and maps
where appropriate;
(g) a description of present land uses and environmental
characteristics of the site;
(h) a brief description of surrounding land uses, their
nature, their extent and their environmental
characteristics;
(i) a description of the services, water, foul water sewers,
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 13
6. (1) The applicant may of his own accord submit an Scoping statement.
Environmental Scoping Statement to the Director of Environment
Protection, prior or in conjunction with the submission of the
Project Description Statement.
(2) The Environmental Scoping Statement shall:
(a) describe the environmental characteristics of the
project and the project environment;
(b) outline the potential impacts on the project
environment that could arise from the construction
(including demolition/clearance and decommissioning
where relevant) and the operation of the project;
(c) identify those potential impacts that may significantly
affect the project environment, and
(d) identify the potential secondary and cumulative
environmental impacts of the project, and the
interactions between potential environmental impacts.
(3) Any baseline surveys and, or investigations undertaken in
support of subregulation (2)(a) to (d) shall be included in the
environmental scoping statement.
(4) The environmental scoping statement shall be prepared by
14 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
PART III
FULL ENVIRONMENTAL IMPACT ASSESSMENT
(requiring an Environmental Impact Statement)
10. (1) Prior to formulating the terms of reference for the Setting terms of
environmental impact statement, an appraisal of all foreseeable (or reference for an
environmental
expected) environmental impacts of the development shall be impact statement.
carried out by the Director of Environment Protection on the basis
of, but not limited to, information contained in the project
description statement.
16 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
14. (1) The consultants shall describe the proposed Description of the
development including: proposed
development
(a) a justification for the proposal; project.
17. Where adverse effects are identified, the consultants shall Mitigation
state clearly what significance they attribute to these effects and the measures.
mitigation measures they propose to be incorporated in the
development and evaluate their effectiveness.
18. (1) The consultants shall devise a scheme to monitor the Monitoring
impacts of the development which may arise during the requirements.
construction and operational phases.
(2) The consultants shall also identify which records the
applicant shall keep for the purpose of monitoring the
environmental impacts of the development.
(3) The Authority shall have access to any such records both
during the construction and operational phases of the development.
Revision of the 23. (1) The consultants shall respond to the comments made
draft during the consultation stage by one or more of the following
environmental
impact statement. means:
(a) develop and evaluate alternatives not previously given
serious consideration by them;
(b) supplement, improve, or modify their assessment;
(c) modify alternatives, including the proposed action;
(d) make factual corrections; or
(e) explain why the comments do not warrant further
response by them citing the sources, authorities, or
reasons which support the consultants position.
(2) All substantive comments received on the draft
environmental impact statement (or summaries thereof where the
response has been exceptionally voluminous) shall be attached to
the draft environmental impact statement whether or not the
comment is thought to merit individual discussion by the
consultants in the text of the environmental impact statement.
Public hearing. 25. (1) After having certified the draft environmental impact
statement the Director of Environment Protection shall arrange for
a public hearing to take place, at which the public may comment on
the environmental impact statement and express their views on the
impact of the proposed development.
(2) The Director of Environment Protection shall inform the
public as aforesaid and shall also inform the public of the day, time
and place where the public hearing shall take place by publishing a
notice in the Gazette and in the local newspapers. All reasonable
expenses incurred by the Authority for organising the public
hearing and publishing the said notices shall be borne by the
applicant.
(3) The Director of Environment Protection shall give at least
fifteen days notice but not more than thirty days notice of the
public hearing.
(4) The Director of Environment Protection shall inform the
Director of Planning, the consultants and the persons mentioned in
regulation 21(2) and (3) of the date, time and place of the public
hearing giving at least fifteen days advance notice.
(5) A copy of the draft environmental impact statement shall be
made available for public inspection at the Authority, and may be
inspected throughout the period stipulated in subregulation (3) on
such days and during such times as the Director of Environment
Protection deems proper, whilst at the same time making the non-
technical summary freely accessible on the Authoritys official web
site.
(6) A copy of the draft environmental impact statement shall be
submitted to the local council which is responsible for the locality
where the development is proposed to be executed and other local
councils, that in the opinion of the Director of Environment
Protection are likely to be affected by the project, so that it may be
made available for public inspection throughout the period
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 25
26. (1) Prior to the submission of the final environmental Submission of the
impact statement to the Authority, the consultants shall further final
environmental
revise the environmental impact statement and the proposed impact statement to
development in the light of the written comments made by the the Authority.
public and the comments made during the public hearing.
(2) The final environmental impact statement, including
environmental survey reports, as revised if so required, shall be
submitted by the co-ordinator to the Authority.
(3) The consultants may place discussion of methodology in an
appendix.
(4) The applicant shall ensure that his application conforms to
the recommendations made in the environmental impact statement.
The application shall not be determined until the Director of
Plann ing i n consultati on wi th th e Directo r of Enviro nment
Protection is satisfied that the development application conforms to
the said recommendations and the provisions of article 74 of the
Development Planning Act shall apply. If not, the Director of Cap. 552.
Planning shall request the applicant to comply with the said
recommendations.
(5) The co-ordinator shall submit such number of copies of the
environmental impact statement to the Authority as the Director of
Environment Protection may reasonably establish.
(6) The Authority shall be empowered to reproduce the
contents of the environmental impact statement, once this is
submitted, at its own discretion.
27. (1) An applicant for development permission who submits Sale of final
an environmental statement in connection with his application shall environmental
impact statements.
ensure that a reasonable number of copies of the statement are
available at the address named in the notices published or affixed
pursuant to regulation 24(5)(f), as the address at which such copies
may be obtained.
(2) Copies of the final environmental impact statement shall be
26 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
List of consultants. 28. (1) The environmental impact statement shall list the
registration number and the names of the consultants and
contributors responsible for the preparation of the environmental
impact statement, environmental survey reports, appendices, non-
technical summary and any other component of the statement.
(2) The consultants who are responsible for a particular
analysis, including analysis in the environmental survey reports,
shall be identified.
(3) All consultants and contributors employed in the
environmental impact assessment shall sign a declaration stating
that the particular study (or part thereof) was solely carried out by
them and that they take responsibility for any statement and
conclusion contained therein. This signed declaration shall be
included with each environmental survey report included with the
environmental impact statement.
Conflict of interest. 29. (1) In the interests of fairness, objectivity and the
avoidance of bias, all consultants shall be required to sign, and
abide by, a declaration that they have no personal or financial
interest in the proposed development.
(2) The Director of Environment Protection shall not approve
consultants, groups of consultants or consultancy firms that are in
any way associated with any company, association or grouping that
has any direct or indirect personal, professional or financial interest
in the proposed development.
(3) The Director of Environment Protection shall not approve
any environmental impact statement or environmental planning
statement produced by a consultant or group of consultants, one or
more of whom does not comply with the provisions of sub-
regulations (1) or (2).
31. (1) The environmental impact statement shall list all Identification of
permits, licences and other forms of authorisation which must be other permits the
applicant might
obtained by the applicant in terms of any other law from any need if
department or Government entity in implementing the development development
if development permission is granted. permission is
granted.
(2) If the consultants are uncertain whether such authorisation
as mentioned in subregulation (1) is necessary, they shall so
indicate in the environmental impact statement.
32. (1) The Authority shall keep a copy of each draft Public reference
environmental impact statement, the final environmental impact room.
statement and any documents connected therewith in a public
reference room.
(2) A copy of any environmental planning statement submitted
to the Authority under the provisions of Part IV shall also be kept
in the public reference room.
(3) Access to the documents mentioned in subregulations (1)
and (2) shall be given to any person during such reasonable times
as the Authority may determine.
PART IV
LIMITED ENVIRONMENTAL IMPACT ASSESSMENT
(requiring an Environmental Planning Statement)
33. (1) Prior to formulating the terms of reference for the Setting the terms of
environmental planning statement, an appraisal of all foreseeable reference for an
environmental
(or expected) environmental impacts of the development shall be planning
carried out by the Director of Environment Protection on the basis statement.
of, but not limited to, information contained in the project
description statement.
(2) The Director of Environment Protection shall invite
relevant government departments and the local council which is
responsible for the locality where the development is proposed to
be executed and other local councils, that in the opinion of the
Director of Environment Protection are likely to be affected by the
project, to p rovide information, within twenty-one days of
notification, on what they wish to see included in the terms of
reference and the justification for doing so.
(3) Following these consultations the Director of Environment
Protection shall draw up the final draft of the terms of reference.
(4) The Director of Environment Protection shall communicate
a copy of the approved terms of reference to the applicant, architect
and to such other persons he deems proper.
(5) The provisions of regulations 11 to 32 other than regulation
19(3), regulation 24(10), and regulation 25, shall mutatis mutandis
28 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
PART V
TRANSBOUNDARY EFFECTS
Procedures to be 34. (1) Where the Minister is aware that a project in Malta is
followed when a likely to have significant effects on the environment in another
project is likely to
have State, or where a State likely to be significantly affected so
transboundary requests, the Minister shall send to the affected State as soon as
impacts.
possible and not later than when the public is informed in terms of
regulation 7(5), the following:
(a) a description of the project, together with any
available information on its possible transboundary
impacts;
(b) relevant information regarding the environmental
impact assessment procedure;
(c) information on the nature of the decisions which may
be taken;
and shall give the affected State a reasonable time in which to
indicate whether it wishes to participate in the environmental
impact assessment procedure.
(2) If the affected State which receives information indicates to
the Minister that it intends to participate in the environmental
impact assessment procedure, the Minister shall, if he has not
already done so, send to the affected State the information gathered
regarding the proposed development.
(3) The affected State shall enter into consultations with the
Minister concerning, inter alia, the potential transboundary effects
of the project and the measures envisaged to reduce or eliminate
such effects and shall agree on a reasonable timeframe for the
duration of the consultation period.
(4) The affected State may arrange for the information to be
made available, within a reasonable time, to the relevant authorities
and the public in the territory of such affected State which is likely
to be significantly affected; and, within the timeframe established
through the provisions of subregulation (3), the affected State shall
forward its opinion to the Minister who shall in turn forward such
opinion to the Authority.
(5) The transmission of information to the affected State,
concerning potential transboundary impacts, and the receipt of
i n f o r m a t i o n b y s u c h aff e c te d St a te , s ha ll b e s ubje c t to t he
limitations contained in any law in force in Malta.
(6) The Minister shall provide to the affected State the final
decision on the proposed project along with the reasons and
considerations including information about the public participation
process on which it was based and any conditions attached thereto.
There shall also be a description, where necessary, of the main
measures to avoid, reduce and, if possible, offset the major adverse
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 29
effects.
(7) When, following monitoring of a development with
potential transboundary impacts, significant adverse transboundary
impacts or factors that may result in such an impact are discovered,
the Minister shall immediately inform the affected State and enter
into consultations on the necessary measures that may be
undertaken to reduce or eliminate such impact.
(8) In the exercise of his duties under this regulation, the
Authority shall furnish the Minister with all such documentation
and information as he may request.
(9) Where the Minister is informed that a project proposed in
a n o t h e r St a t e i s l i k e l y t o h a v e a s i g n i f i c a n t e ff e c t o n t h e
environment of the Maltese Islands, he shall inform the State, in
which the project is to be undertaken, of Maltas request to
participate in the environmental impact assessment procedure in
that State and request the following:
(a) a description of the project, together with any
available information on its possible transboundary
impacts;
(b) relevant information regarding the environmental
impact assessment procedure; and
(c) information on the nature of the decisions.
(10) The Minister shall forward to the Authority the information
listed in subregulation (9). The Authority shall make this
information available to the consultees and the public in Malta in
accordance with the provisions of regulations 21 and 25. The
Minister shall also enter into discussion with the State in which the
project is to be undertaken to agree on a reasonable timeframe for
the duration of the consultation period.
(11) The Minister, acting on the advice of the Authority and
taking into consideration the comments of the public, shall enter
into consultations with the State in which the project is to be
undertaken concerning, inter alia, the potential transboundary
effects of the project and the measures envisaged to reduce or
eliminate such effects.
(12) When the Minister receives details from the State in which
the project is to be undertaken regarding the final decision on the
proposed project, together with the reasons and considerations on
which it was based, he shall provide a copy of this information to
the Authority who shall publish the information in the Gazette, in a
local newspaper and on the Authoritys official web site.
PART VI
REGISTER OF CONSULTANTS AND REVIEWS
35. (1) The Authority shall keep and make available for public Register of
inspection at such reasonable times as it may determine, a Register Environmental
Impact Assessment
of Environmental Impact Assessment Consultants. Consultants.
(2) The Register shall be divided into Parts. Each Part shall list
those consultants who are competent in a particular discipline,
30 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
Registration and 36. (1) The Minister shall appoint a Registration and Review
Review Board. Board that shall be responsible for:
(i) evaluating applications for registration in the Register;
and
(ii) receive and consider requests for considerations
submitted by applicants as per regulation 45.
(2) Decisions on applications for registration shall be taken by
the Registration and Review Board composed of a minimum of
three persons and a maximum of five persons. Members of the
Registration and Review Board shall be independent members who
are not involved in any way in the preparation of environmental
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 31
37. (1) Any person may apply in writing on the appropriate Registration.
form to the Registration and Review Board to be registered in the
Register.
(2) The application for registration shall include the following
information:
(a) personal details including name, surname, date of
birth, private and office addresses and qualifications of
the applicant for registration;
(b) a list of any relevant work by the applicant;
(c) a detailed curriculum vitae (which is to include details
of the persons training, experience and knowledge in
environmental assessment techniques and methods);
(d) the category to which the applicant is applying, as set
out in Schedule III;
(e) an indication of the particular environmental discipline
or disciplines for which the person is applying for
registration in.
(3) The application for registration shall be accompanied by the
appropriate fee as set out in Schedule III.
38. (1) The Registration and Review Board shall register a Certificate of
person in the Register if it is satisfied that the said person: registration.
Cancellation of 40. (1) The Registration and Review Board may cancel any
certificate. certificate granted under the provisions of this Part when the holder
of that certificate:
(a) is found guilty by a court of criminal jurisdiction of a
crime being a crime committed through imprudence,
carelessness, unskillfulness in an art or profession, or
non-observance of regulations; or
(b) is found guilty by a court of criminal jurisdiction of
any offence under the provisions of the Act or of any
regulations made thereunder; or
(c) has, in the opinion of the Authority and the
Registration and Review Board, submitted substandard
or deliberately misleading work in an environmental
impact assessment; or
(d) has participated in the preparation of an environmental
impact assessment when he was not registered in the
Register; or
(e) was the recipient of a certificate issued under the
provisions of this Part based on information given by
the applicant which is false or misleading; or
(f) fails to pay the yearly renewal fee.
(2) Notwithstanding the provisions of subregulation (1), the
Registration Board may opt for suspension, rather than cancellation
of the certificate, in the circumstances specified in subregulation
(1)(d) and (f).
(3) If a person participates in the preparation of an
environmental impact assessment without being registered in the
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 33
41. (1) Any person who for the purposes of obtaining the Offences.
certificate for registration in the Register gives any wrong Amended by:
L.N. 425 of 2007.
information or otherwise acts in a deceitful or fraudulent manner
shall be guilty of an offence and shall, on conviction, be liable to a
fine (multa) not exceeding two thousand and three hundred and
twenty-nine euro and thirty-seven cents (2,329.37).
(2) Any person who, not being the holder of a certificate,
assumes or uses the designation "Environmental Impact
Assessment Consultant", "Environmental Impact Assessment Co-
ordinator", "Senior Impact Assessor" or "Junior Impact Assessor"
or in any manner indicates that he is entitled to prepare an
environmental impact assessment shall be guilty of an offence and
shall, on conviction, be liable to a fine (multa) not exceeding one
thousand and one hundred and sixty-four euro and sixty-nine cents
(1,164.69) and in respect of a second or subsequent offence to a
fine (multa) not exceeding two thousand and three hundred and
twenty-nine euro and thirty-seven cents (2,329.37).
(3) For the purposes of subregulation (2), the use on any card,
letterhead, sign, board, plate, advertisement or other written,
printed or engraved device, instrument or document, of the words
"Environmental Impact Assessment Consultant", "Environmental
Impact Assessment Co-ordinator", "Senior Impact Assessor" or
"Junior Impact Assessor", in relation to a name, shall be sufficient
evidence of the knowledge of such use by the person in relation to
whose name the said words are used, unless such person proves that
the use of such words was made without his knowledge and that
upon becoming aware of the use he took adequate steps to stop it.
(4) The offences and penalties mentioned in this regulation
shall be without prejudice to any other offences and penalties in
terms of the Act or any other law.
42. For the purposes of this Part "person" includes a person Interpretation of
who is not a citizen of Malta but does not include a body of Part VI.
persons.
PART VII
ENFORCEMENT
43. (1) When development permission has been granted by the Implementing the
Authority for a development which had been subjected to an decision to grant
development
environmental impact assessment under these regulations, the permission.
Authority shall monitor the implementation of the said
development both during the construction and the operational
phases.
(2) The Authority may:
(a) include appropriate, and clearly specified conditions in
the development permission;
34 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
PART IX
TRANSITORY PROVISION
Transitory 46. Any application for development permission which
provision. concerns any development listed in Schedule IA pending on the
date of coming into force of these regulations shall be regulated
according to the provisions of these regulations provided that:
(a) any environmental impact assessment carried out or in
the process of being carried out by consultants who are
not registered in the Register shall be deemed to have
been made in accordance with the provisions of those
regulations regulating the registration of consultants in
the Register;
(b) participation by any person in an environmental
impact assessment prior to the coming into force of
these regulations shall not be deemed to constitute an
automatic acceptance of an application made by such
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 37
2 INFRASTRUCTURE PROJECT
2.1 Highway and Road Construction
2.1.1 Category I Projects 2.1.2 Category II Projects
2.1.1.1 Construction of a four-lane highway. 2. 1.2. 1 Other roads with a carriageway
width of more than 3.5m and not
being a road for which the
design is approved in a
development plan if the road is:
(i) more than 1 km in length;
or
(ii) within 100m of a protected
site.
2.1.1.2 Construction of a road with a 2.1.2.2 Construction of bridges outside
carriageway width of 7.5m or more development zones.
and not being a road for which the
design is approved in a development
plan, if the road is:
(i) 2 km or more in length; or
(ii) more than 300 dwellings or an
area designated for more than
300 dwellings are within 100m
of the centre line of the proposed
road; or
(iii) where the road passes through or
within 100m of a protected site.
2.1.1.3 Re-alignment and/or widening of an
existing road of two lanes or less so
as to provide four or more lanes
where such new road, or realigned
and/or widened section of road would
be:
(i) 2 km or more in length; or
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 39
3.5.1.2 Permanent racing and test tracks for 3.5.2.2 Permanent racing and test tracks
motorised vehicles where the length for motorised vehicles not being
of the track exceeds 5 km. a development falling in 3.5.1.2.
3.5.1.3 Cable cars, ski-lifts and associated 3.5.2.3 Permanent camp sites and
developments. caravan sites with a capacity for
over 100 tents or 50 caravans.
3.6 Golf Courses
3.6.1 Category I Projects 3.6.2 Category II Projects
3.6.1.1 Development of a golf course.
3.7.A Industrial Estates
3.7.A.1 Category I Projects 3.7.A.2 Category II Projects
3.7.A.1.1 Development of a speculative 3.7.2.1 Development of an industrial
industrial development (i.e. where no estate on a site not specifically
specific end user is identified), where designated for such purpose in
the site is more than 10 ha. an approved plan or
development brief, with a site
area between 3 ha - 10 ha
where:
(i) more than 300 dwellings, or an
area designated for more than
300 dwellings, are within
200m of the site boundaries;
or
(ii) the site boundary is within
200m of a protected site; or
(iii) the development is within the
aquifer protection zone or
within 500m of a bore hole or
water abstraction point.
3.7.B Industrial Estates
3.7.B.1 Category I Projects 3.7.B.2 Category II Projects
3.7.B.2.2 Industrial development not
within an industrial estate with a
gross floor area of more than
3,000m2.
3.7.B.2.2 Industrial development not
within an industrial estate with a
gross floor area of more than
1000m2, and:
(i) within 100m of a protected
site; or
(ii) within the aquifer
protection zone or within
500m of a bore hole or
water abstraction point.
3.8 Defence
3.8.1 Category I Projects 3.8.2 Category II Projects
3.8.1.1 Development for the purpose of
defence may require an
E n v i r o n m e n t a l I m p a c t St a t e m e n t
depending on the type of the
development proposed, site area and
location.
3.9 Homes for the Elderly
3.9.1 Category I Projects 3.9.2 Category II Projects
44 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
1
The most stringent criteria will apply.
2
The most stringent criteria will apply.
4.4 Dredging
4.4.1 Category I Projects 4.4.2 Category II Projects
4.4.1.1 Dredging within a Marine 4.4.2.1 Dredging over an area of 25 ha
Conservation Area (including or more and not being
candidate Marine Conservation maintenance dredging.
Areas) or in an area of seabed
scheduled or in any way protected
under the Development Planning Act
or the Environment Protection Act.
4.5 Dumping at Sea
4.5.1 Category I Projects 4.5.2 Category II Projects
4.5.1.1 Site for the deposition of waste at sea.
5 EXTRACTIVE INDUSTRY
5.1 Hard Rock Quarries
5.1.1 Category I Projects 5.1.2 Category II Projects
5.1.1.1 Any quarry or open-cast mining not in 5.1.2.1 Development of a quarry or
an area of potential mineral working open-cast mining and an
in an approved plan. extension to an existing quarry
where the proposed area of new
operations is up to 3 ha.
5.1.1.2 Development of a quarry or open-cast 5.1.2.2 Any quarry or open-cast mining
mining and an extension to an where the boundary of the site is
existing quarry where the proposed within 300m of a protected site.
area of new operations is more than 3
ha.
5.1.1.3 Any quarry or open-cast mining 5.1.2.3 Any quarry or open-cast mining
where more than 300 dwellings or a where the site is within the
site designated for more than 300 aquifer protection zone or 500m
dwellings are within 500m of the of a borehole.
boundaries of the proposed site.
NOTE: A quarry on the coast is also covered by criterion 4.2 Development on the Coast
whichever is the more demanding.
5.2 Soft Rock Quarries
5.2.1 Category I Projects 5.2.2 Category II Projects
5.2.1.1 Any quarry or open-cast mining not in 5.2.2.1 Development of a quarry or
an area of potential mineral working open-cast mining and an
in an approved plan. extension to an existing quarry
where the proposed area of new
operations is 1 - 4 ha.
5.2.1.2 Development of a quarry or open-cast 5.2.2.2 A quarry or open-cast mining
mining and an extension to an where more than 300 dwellings
existing quarry where the proposed or a site designated for more
area of new operations is more than 4 than 300 dwellings is within
ha. 200m of the boundaries of the
proposed site.
5.2.2.3 Any quarry or open-cast mining
where the boundary of the site is
within 200m of a protected site.
5.2.2.4 Any quarry or open-cast mining
where the site is within the
aquifer protection zone or
within 500m of a bore hole.
5.3 Restoration and after use
5.3.1 Category I Projects 5.3.2 Category II Projects
46 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
6 AGRICULTURE
6.1 Land Reclamation and Water Management
6.1.1 Category I Projects 6.1.2 Category II Projects
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 47
6.1.1.1 Works for the transfer of water 6.1.2.1 Land reclamation for agriculture
resources between river basins where where the area to be modified is
this transfer aims at preventing more than 5 ha
possible shortage of water and where
the amount of water transferred
exceeds 10 million m3/year. Transfers
of piped drinking water are excluded.
6.1.2.2 Construction of irrigation works
for the use of treated water
where:
(i) the area to be irrigated is
more than 10 ha; or
(ii) the amount of water
intended to be supplied is
more than 1,000m3 in any
day; or
(iii) the site is located within
the aquifer protection
zone.
6.2 Livestock
6.2.1 Category I Projects 6.2.2 Category II Projects
6.2.2.1 Developments with a site area
of more than 7500m2.
6.2.1.1 A new establishment or extension for 6.2.2.2 A new establishment or
poultry production with more than extension for poultry production
50,000 broiler or 25,000 layers at any for more than 30,000 broiler or
one time. 7,000 layers at any one time.
6.2.1.2 A new establishment or extension for 6.2.2.3 A new establishment or
turkey production with more than extension for turkey production
6,250 heads at any one time. for more than 1,750 heads at
any one time.
6.2.1.3 A new establishment or extension for 6.2.2.4 A new establishment or
rabbit production with more than extension for rabbit production
12,500 heads at any one time. for more than 5,000 heads at
any one time.
6.2.1.4 A new pig rearing establishment or 6.2.2.5 A new pig rearing establishment
extension for more than 500 sows or or extension with:
3,000 fattening pigs (over 30kgs) at (i) more than 250 sows or
any one time. 1,500 fattening pigs (over
30kgs); or
(ii) more than 125 sows or 750
fattening pigs (over 30
kgs) and within 400m of a
residential area.
6.2.1.5 A new cow rearing establishment or 6.2.2.6 A new cow rearing
extension with more than 200 milk establishment or extension with
cows 3 or 300 beef cows at any one more than 150 milk cows or 200
time. beef cows at any one time.
6.2.1.6 A new goat rearing establishment 6.2.2.7 A new goat rearing
with more than 900 heads at any one establishment with more than
time. 600 heads at any one time.
6.2.1.7 A new sheep rearing establishment 6.2.2.8 A new sheep rearing
with more than 1,200 heads at any establishment with more than
one time. 800 heads at any one time.
48 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
3
Milk cows refers to milking cows (excluding replacements, calves, etc)
7 ENERGY INDUSTRY
7.1 Refineries
7.1.1 Category I Projects 7.1.2 Category II Projects
7.1.1.1 Construction of a gas or crude-oil
refinery.
7.2 Coal and Allied Works
7.2.1 Category I Projects 7.2.2 Category II Projects
7.2.1.1 Installation for the gasification and 7.2.2.1 Coke Ovens (dry coal
liquefaction of coal or bituminous distillation)
shale.
7.2.1.2 Industrial briquetting of coal and
lignite.
7.3 Electric Power Station
7.3.1 Category I Projects 7.3.2 Category II Projects
7.3.1.1 Construction of thermal power station 7.3.2.1 Construction or extension of a
and other combustion installation thermal power station and other
with an output of more than 50 combustion installation for the
megawatts. generation of power for sale to
consumers and not being
development falling within
7.3.1.1.
7.4 Nuclear Energy
7.4.1 Category I Projects 7.4.2 Category II Projects
7.4.1.1 Construction and/or dismantling of
nuclear power stations or other
nuclear reactors4.
7.4.1.2 Installation for the processing or
reprocessing of irradiated nuclear
fuel.
50 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
4
Nuclear power stations and other nuclear reactors cease to be such an installation where all
nuclear fuel and other radioactively contaminated elements have been removed permanently
from the installation site.
SCHEDULE IB
Criteria for determining whether a development is likely
to have significant effects on the environment
1. Characteristics of the proposed development
The characteristics of the proposed development, in particular to:
- the size of the proposed development;
- the cumulation with other developments;
- the use of natural resources;
- the production of waste;
- pollution and nuisances;
- the risk of accidents, having regard to substances or technologies used.
2. Location of proposed development
The environmental sensitivity of geographical areas likely to be affected by the
proposed development, having regard, in particular, to:
- the existing land use;
- the relative abundance, quality and rigenerative capacity of natural
resources in the area;
- the absorption capacity of the natural environment, paying particular
attention to the following areas:
(a) wetlands;
(b) coastal zones;
(c) mountain and forest areas;
(d) nature reserves and parks;
(e) areas classified or protected under other legislation, designated
special protected pursuant to the Conservation of Wild Birds
Regulations and the Flora, Fauna and Natural Habitats Protection
Regulations;
(f) areas in which the environmental quality standards laid down in
legislation of the EU have already been exceeded;
(g) densely populated areas;
(h) landscapes of historical, cultural or archaeological significance.
3. Characteristics of potential impacts
The potential significant effects of the proposed development in relation to criteria
set out under paragraphs 1 and 2 above, and having regard in particular to:
- the extent of the impact (geographical area and size of the affected
population);
- the transfrontier nature of the impact;
- the magnitude and complexity of the impact;
- the propabibility of the impacts;
- the duration, frequency and reversibility of the impact.
56 [ S.L.549.46 ENVIRONMENTAL IMPACT ASSESSMENT
SCHEDULE II
Form of notice of an Environmental Impact Assessment to be used for newspaper
advertisement and site notice by an applicant who submits an Environmental Impact
Statement or Environmental Planning Statement
DEVELOPMENT PLANNING ACT (Cap. 552)
Environmental Impact Assessment Regulations
NOTICE OF APPLICATION FOR DEVELOPMENT PERMISSION
ACCOMPANIED BY AN ENVIRONMENTAL IMPACT STATEMENT
(or Environmental Planning Statement, as the case may be)
(to be published in a newspaper and displayed on or near the site)
Proposed development at [address or location of the development]
[Name of applicant] gives notice that an application [P.A No.] dated [date] has been made to
the Planning Authority for development permission to [description of development] and that
the application is accompanied by an environmental impact statement [or environmental
planning statement, as the case may be].
Members of the public may inspect copies of:
1. the application
2. the plans
3. the environmental impact statement [or environmental planning statement, as the case
may be]
4. and other documents submitted with the application
at the offices of the Planning Authority [other addresses such as the local council offices
may also be included] during office hours until [date giving a period of 21 days, beginning
with the date when the notice is first displayed on or near the site, or a period of 14 days,
beginning with the date when the notice is published in a newspaper (as the case may be)]
Members of the public may obtain copies of the environmental impact statement [or
errvironmental planning statement, as the case may be) from [address from where copies of
the environmental statement may be obtained] so long as stocks last, at a charge of [amount
of charge].
Anyone who wishes to make representations about this application should write to the
Director of Environment Protection, Planning Authority at St Francis Ravelin, Floriana
CMR 01 by [date giving a period of 21 days, beginning with the date when the notice is first
displayed on or near the site, or a period of 14 days, beginning with the date when the notice
is published in a newspaper (as the case may be)]
Date ....................................
SCHEDULE III
ENVIRONMENTAL IMPACT ASSESSMENT [ S.L.549.46 57