Plans and Programmes (Public Participation) Regulations, 2006 (L.N. 74 of 2006)

B 1330 L.N. 74 of 2006 ENVIRONM ENT PROTECTION ACT (CAP. 435) Plans and Programmes (Public Participation) Regulations, 2006 BY V IR T U E of the pow ers conferred by article 9 of the Environm ent Protection A ct, the M inister for R ural A ffairs and the Environm ent has m ade the follow ing regulations> 1. (1) The title of these regulations is the Plans and Program m es (Public Participation) R egulations, 2006. (2) These regulations im plem ent the provisions of A rticle 2 of D irective 2003#35#EC of the European Parliam ent and of the C ouncil of 26 M ay 2003, providing for public participation in respect of the draw ing up of certain plans and program m es relating to the environm ent and am ending, w ith regard to public participation and access to justice, C ouncil D irective 85#337#EEC and 96#61#EC . 2. For the purposes of these regulations> “the public” m eans one or m ore natural or legal persons and, in accordance w ith national legislation or practice, their associations, organisations or groups< “the C om petent A uthority” m eans the M alta Environm ent and Planning A uthority. 3. (1) The C om petent A uthority shall ensure that the public is given early and effective opportunities to participate in the preparation and m odification or review of the plans or program m es required to be draw n up under the provisions listed in the Schedule to these regulations. (2) The C om petent A uthority shall ensure that> (a) the public is inform ed, w hether by public notices or other appropriate m eans such as electronic m edia w here available, about any proposals for such plans or program m es or for their m odification or review and that relevant inform ation about such proposals is m ade available to the public including inter alia inform ation about the right to participate in decision m aking and about the com petent authority to w hich com m ents or questions m ay be subm itted< C itation and scope. Interpretation. Public Participation concerning plans and program m es. B 1331 (b) the public is entitled to express comments and opinions when all options are open before decisions on the plans and programmes are made< (c) in making those decisions, due account shall be taken of the results of the public participation< (d) having examined the comments and opinions expressed by the public, the competent authority makes reasonable efforts to inform the public about the decisions taken and the reasons and considerations upon which those decisions are based, including information about the public participation process. 4. (1) The Competent Authority shall identify the public entitled to participate for the purposes of regulation 3(1), including relevant non-governmental organisations meeting any requirements imposed under national law, such as those promoting environmental protection. (2) The detailed arrangements for public participation under regulation 3(2) shall be determined by the Competent Authority so as to enable the public to prepare and participate effectively. (3) Reasonable time-frames shall be provided allowing sufficient time for each of the different stages of public participation required by these regulations. 5. (1) These regulations shall not apply to plans and programmes designed for the sole purpose of serving national defence, or taken in case of civil emergencies. (2) These regulations shall not apply to plans and programmes set out in the schedule to these regulations for which a public participation procedure is carried out under the Assessment of the Effects of Certain Plans and Programmes on the Environment Regulations, 2005 , or under the W ater Policy Framework Regulations, 2004. Identification of the public. N on-applicability of these regulations. L .N . 418 of 2005. L .N . 194 of 2004. B 1332 SCHEDULE PRO VISIO NS FO R PLANS AND PRO G RAMMES REFERRED TO IN ARTICLE 3 (a) Regulation 7(1) of the Waste Management (Permit and Control) Regulations, 2001 (L.N. 337 of 2001). (b) Regulation 7 of the Waste Management (Batteries and Accumulators) Regulations, 2002 (L.N. 158 of 2002). (c) Regulation 4 (4) of the Protection of Waters Against Pollution Caused by Nitrates from Agricultural Sources Regulations, 2001 (L.N. 343 of 2001). (d) Regulation 4 (3) of the Waste Management (Permit and Control) Regulations, 2001 (L.N. 337 of 2001). (e) Regulation 10 (v) of the Waste Management (Packaging and Packaging Waste) Regulations, 2004 (L.N. 98 of 2004). (f) Regulation 7 (2) of the Ambient Air Q uality Assessment and Management Regulations, 2001 (L.N. 216 of 2001). Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbug[ fl-Istamperija tal-G vern — Printed at the Government Printing Press Prezz 12ç – Price 12c