Government launches public consultation on new environmental permit regulations

Government has launched a public consultation on new environment permitting regulations. 

The proposed regulations which will be enforced and observed by the Environment and Resources Authority (ERA) will see a number of commercial activities which currently do not fall under ERA’s remit abide by the new regulations. 

For instance, batching plants, crematoriums and cement packaging facilities would now have to abide by the proposed regulation after the regulations are signed into law. 

During a press briefing at ERA’s headquarters, it was also explained that with the new regulations, the issuing of certain environmental permits will now be open for public consultation, giving interested parties a chance to object to the approval of the permits.

Environmental risk categories

The regulations introduce a three-tier system for environmental permits based on the environmental risk each application poses. The timelines for each permit is also based on the risk tier. 

Level one comprises low-risk activities such as tree interventions, hull cleaning and consignment permits for transferring waste. These permits are to be issued within 90 days after ERA’s validation of the application. 

Level two refers for medium risk activities, such as backfilling quarries, as this type of permit should be processed up to 120 days after the validation process. 

The third level refers to the highest risk activities such as hazardous waste management activities, fuel terminals, petrol stations and aquaculture. These permits will be issued by ERA up to 270 days after validation. 

Permitting procedure

The permitting procedure will be established by law in six stages after the application enters ERA’s digital system. Firstly ERA vets the application, after which it is validated should the applicant meet ERA’s requirements.

The application may then be subject to public consultation if it meets the necessary requirements, after which ERA drafts the permit. ERA then passes on to the determination stage, after which it is subject to appeal by the interested parties. 

Public consultation

With regards to the public’s input, the draft regulations state that, “Any person may make representations on applications falling within those categories indicated within the First Schedule…” The First Schedule refers to environmental activities such as certain waste management operations, interventions on more than 10 protected trees, and the use of genetically modified organisms.

ERA may also publish pending applications if they fall within the Second Schedule. Here, the public may be consulted on activities related to land reclamation, slaughterhouses, asphalt plants and certain quarrying operations.

The draft regualtions can be found here. 

The public is encouraged to give its input on the proposed regulations by sending an email to [email protected].