Changes to environmental permitting process

The government is changing way the Environmental and Resource Authority (ERA) issues environmental permits so as to increase transparency and public participation. The new regulations will be published in the coming days and build upon the provisions of the Environmental Protection Act.

ERA is responsible for issuing environmental permits that regulate commercial activities with the potential to cause air and sea pollution.

Under the new framework, a three-tiered system will be introduced to categorize environmental permits based on the type and scale of operations. Activities will be classified as Level 1 (low risk), Level 2 (medium risk), or Level 3 (high risk). This classification will determine the processing time, applicable fees, and the specific procedures to be followed.

Accompanying the legal notice are two schedules. The first schedule lists 42 categories of activities that require immediate environmental permits, including quarrying and the storage of hazardous and construction waste. The second schedule includes activities currently in a regulatory grey area, such as cement packing, as well as newly regulated activities like cremation. Operators in these sectors must obtain transitional authorisation within six months and will have four years to secure a full environmental permit.

Public consultation will be expanded to cover a broader range of activities, with consultation periods ranging from 10 to 30 days depending on the level of risk associated with the activity.

Environment Minister Miriam Dalli said that while industries such as quarrying and energy generation are essential to Malta’s economy, they also pose environmental risks.

"This reform will guarantee higher standards, increase transparency, give citizens more access to justice, and create a level playing field that doesn't put environmentally conscious companies at a disadvantage compared to competitors solely focused on profit," Dalli said.

She also said that while ERA already issues permits, these reforms will provide greater clarity and certainty for businesses. "We want industrial activities to be sustainable while addressing people's concerns," she added.

ERA CEO Kevin Mercieca said the authority had been working on these regulations for several years. "These regulations fulfill one of ERA’s primary goals: to establish a robust environmental permitting process that acknowledges businesses investing in higher environmental standards while allowing citizens to fully engage in the process," he said. Mercieca added that the reforms would help foster a culture of responsibility and innovation.