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EPA ‘positive step toward safeguarding environment’ – Zammit Dimech
‘polluter pays’ programme to be set up


By Nadine Brincat

Environment Minister Francis Zammit Dimech yesterday speaking to MaltaToday on the Environment Protection Act, explained, "Everyone is concerned with the safeguarding of the environment, and therefore decisions which are taken to protect the environment, should be supported by everyone."

Dr Zammit Dimech added that the proposed Act has been received very positively, and was pleased to see various non-governmental organisations present at the launching of a seminar on the Act yesterday putting forward their suggestions.

The Minister commented that it would be beneficial for the environment to have its own Authority. Her explains, "We also plan for the Environment Protection Authority to head Environmental Impact Assessments at the Planning Authority. In this way, the PA will give the EIAs and hence the environment, its due weighting."

The Act introduces new concepts in the environmental sphere, most notably harsher penalties for abuse and the framework for a future Environment Protection Authority to be set up.

The Act states that a National Commission for Sustainable Development is to be set up to review sustainable development, and identify areas undermining the such development. It will also recommend appropriate action and increase public awareness, while encouraging correct use and management of natural resources.

"The fact that it will be presided by the prime minister, will give it due weighting," the Minister stressed.

The Commission will prepare a national report for the United Nations Commission on Sustainable Development, and will have representatives from different authorities and interested parties, to ensure consistency and integration between social, economic and environmental aims.

The new law proposes that an Environmental Fund is set up, to implement the ‘polluter pays’ principle. The funds gathered will finance the safeguarding of the environment, and will include Parliament approved funds, donations, money received specifically for the Fund, and other funds provided through legislation.

The proposed act also deals with the right to information, to provide public access to environment related information, and empower the minister to set up regulations for information.

The new law also lists actions that harm the environment, in order for proper steps to be taken against the perpetrator.

"Steps for damages will be treated independently from criminal steps," the minister stressed. "In addition, anyone causing harm to the environment, will have to pay the Fund, to make good for the environmental and social damage," the minister added.

According to the draft legislation, damages will be agreed upon by the perpetrator and the Environment Protection Authority, or will be fixed by the court.

In cases of breech of regulations, penalties may reach Lm100,000 or not more than two years imprisonment, and a fine of a maximum of Lm25,000 or six months imprisonment, or both, for a contravention concerning licenses falling under the Act.

The proposed Environment Protection Act was published as a consultation document on 19 April 2001. The final draft will be placed in Parliament for discussion, approval and implementation, before the summer recess. The seminar was intended to give a detailed explanation of the law and gather suggestions from the NGOs and the general public. Dr Zammit Dimech added that the Environment Ministry might achieve additional funding for training through the EU pre-accession fund.

Although most of the representatives of the organisations present commented that the proposed act would improve the environmental situation in Malta, some said that the legislation was vague in some areas, particularly regarding the Authority and implementation.






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