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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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