Government has published a legal notice which sees a number of industrial operations which could have an impact on the environment regulated, some for the first time ever.

The new environmental permitting regulations will increase standards and also allow public participation in the procedures of an environmental permit application, Environment Minister Miriam Dalli said.

During a press conference on Monday, Dalli, Environment and Resource Authority's CEO Kevin Mercieca, and ERA's Director for Regulatory Affairs Amy Brincat gave a detailed explanation of the new regulations, which build upon the Environmental Protection Act.

The regulations are being published following an eight-week public consultation process and an evaluation of the feedback received by the environmental authority last year.

The new legislation aims to raise environmental standards with three main objectives; the first one being regulating and enforcing higher standards for a range of operations and activities, some of which will be regulated for the first time.

The second aim is to enhance citizen participation and their right to be involved in the environmental process, with the new regulations providing greater clarity on applicable procedures and improved access to justice regarding related decisions.

The legislation also aims to create a fairer playing field among different operators, so that those who invest in higher environmental standards will not be placed at a disadvantage compared to competitors who pay less attention to environmental responsibilities.

The new regulations will lead to several decisions to be taken publicly, as required by law, and these decisions will be published on the Authority's website, where any person can declare an interest and make representations either online through the permitting portal, ERIS, or in person.

Mercieca said that there are three levels of an environmental permit - Level 1 being Low risk environmental impact, Level 2 being medium risk environmental impact and level 3 being high risk environmental impact.

Level 1 comprises of 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 2 permits, referring to medium risk activities, such as backfilling quarries, should be processed up to 120 days after the validation process. 

The third level refers to the highest risk activities such, and these permits will be issued by ERA up to 270 days after validation. 

Currently, public consultation is only required for applications related to industrial operations that fall under the Integrated Pollution Prevention and Control (IPPC) category.

This will now be expanded to include many other operations and activities listed in the two schedules, and the term will be determined according to the application: 10 days in the case of the first level; 20 days for the second level and 30 days for the third level.

The operations, interventions and activities contained in the First Schedule will require an environmental permit immediately, CEO Mercieca said.

There are 42 categories in the first schedule, which include among the following; storage of hazardous waste (level 2), quarrying (level 2) or a facility carrying out the temporary storage of construction and demolition waste and the preparation for reuse, recycling or recovery of such waste (level 2).

In the second schedule, there are a number of operations that are not yet regulated by an environmental permit.

Mercieca said that in this case, those who already have an ongoing operation must obtain a transitional authorisation (clearance) within six months, and then have four years to adapt themselves more permanently and obtain a normal environmental permit.

Any new operation must immediately comply with these environmental permits. In the second schedule, there are 18 categories, including quarries (level 2), cement packaging facilities (level 2), slaughterhouses (level 2), shipyards (level 3), pharmaceutical operations (level 3), and land reclamation (level 3).

Dalli explained that this permit is different from a Planning Authority permit, the process of which will remain the same.

"Our guiding principle was to ensure greater public involvement in the issuance of environmental permits," Dalli said.

"We are granting new rights; not just in principle but also in practice. We want to strike a balance between necessary activities carried out sustainably and with respect for public concerns and priorities," she said.

Dalli said that ERA will achieve this by enforcing stronger environmental standards in the permitting process.

Mercieca said that these regulations are a major step forward in environmental protection, fulfilling one of the Authority's key goals; to establish a strong environmental permitting process that recognizes those who invest in higher environmental standards, while also giving citizens the opportunity to fully participate in the process.

"This is a clear sign of our commitment to strengthening environmental protection. The regulations give legal certainty of which activity needs an environmental permit, and those who do not," Mercieca said.

Brincat said that this was a significant step forward towards good environmental governance, while creating a balance within the industry, and strengthen responsibility in the environmental sector.