Act No. XXXVI of 2020 – An Act to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto

A 692 I assent. (L.S.) GEORGE VELLA President 17th July, 2020 ACT No. XXXVI of 2020 AN ACT to amend the Climate Action Act, Cap. 543, and to provide for other matters dealing with them or ancillary thereto. BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same as follows: Short title. 1. The short title of this Act is the Various Laws (Environment and Climate) (Amendment) Act, 2020. PART I Amendments to the Climate Action Act Amendments to the Climate Action Act. Cap. 543. 2. This Part amends the Climate Action Act and shall be read and construed as one with the Climate Action Act, hereinafter in this Part referred to as "the principal Act". Amendment of article 2 of the principal Act. 3. In article 2 of the principal Act, immediately after the definition "source", there shall be added the following new definition: Amendment of article 7 of the principal Act. 4. Sub-article (2) of article 7 of the principal Act shall be substituted by the following: Cap. 552. " "Stand ing Commi t t ee" means t he Stand ing Committee on the Environment, Climate Change and Development Planning established in terms of the Development Planning Act;". VERŻJONI ELETTRONIKA A 693 "(2) The Minister shall ensure that the national low carbon development strategy is reviewed and updated periodically, and at least every five years.". Amendment of article 8 of the principal Act. 5. Sub-article (3) of article 8 of the principal Act shall be substituted by the following: "(3) The Minister shall ensure that the national adaptation strategy is reviewed and updated periodically, and at least every five years.". Amendment of article 9 of the principal Act. 6. Article 9 of the principal Act shall be amended as follows: (a) sub-article (1) thereof shall be substituted by the following: "(1) The Minister shall lay on the Table of the House, the National Low-carbon Development Strategy and the National Adaptation Strategy and their updates, at least once every five years."; and (b) immediately after sub-article (2) thereof there shall be added the following new sub-article: " (3) In terms of sub-articles (1) and (2) of this article and article 11(2)(f), the Minister shall refer the reports, strategy or policy to the Standing Committee.". PART II Amendments of the Environment Protection Act Amendments to the Environment Protection Act. Cap. 549. 7. This Part amends the Environment Protection Act and it shall be read and construed as one with the Environment Protection Act, hereinafter in this Part referred to as the "principal Act". Amendment of article 2 of the principal Act. 8. In article 2 of the principal Act, the definition "Standing Committee" shall be substituted by the following: Substitution of article 31 of the principal Act. 9. Article 31 of the principal Act shall be substituted by the following: Cap. 552. " "Stand ing Commit tee" means the Stand ing Committee on the Environment, Climate Change and Development Planning established in terms of the Development Planning Act;". VERŻJONI ELETTRONIKA A 694 Amendment of the Development Planning Act. Cap. 552. PART III Amendment of the Development Planning Act 10. This Part amends the Development Planning Act and shall be read and construed as one with the Development Planning Act. hereinafter in this Part referred to as "the principal Act". Amendment to article 60 of the principal Act. 11. Article 60 of the principal Act shall be amended as follows: (a) immediately before article 60 thereof, the subtitle "The Standing Committee on the Environment and Development Planning" shall be substituted by the following sub-title: "The Standing Committee on the Environment, Climate Change and Development Planning"; (b) article 60(1) thereof shall be substituted by the following: "Standing Committee on the Environment, Climate Change and Development Planning. 31. The Minister shall refer the following to the Standing Committee on the Environment, Climate Change and Development Planning: (a) any plan referred to the House in terms of this Act; the Standing Committee on the Environment, Climate Change and Development Planning shall also recommend to the House whether the plan should be approved, with or without amendments, or rejected; (b) the National Strategy for the Environment and the State of the Environment Report; (c) any other report, plan or policy as the Minister may deem necessary: Cap. 552. Provided that where the said Standing Committee fails to report to the House within the stipulated period in the Development Planning Act, the Minister for the Environment shall make a formal request to the House to discuss the strategy, plan or policy.". VERŻJONI ELETTRONIKA A 695 (c) article 60(2) thereof shall be substituted by the following: (d) any reference in the Development Planning Act to "Standing Committee on the Environment and Development Planning" shall be read and construed, after the coming into force of this Act, as a reference to "Standing Committee on the Environment, Climate Change and Development Planning". PART IV General Amendment to the Laws of Malta General Amendment to the Laws of Malta. 12. Any reference in any other law to "Standing Committee on the Environment and Development Planning" shall be read and construed, after the coming into force of this Act, as a reference to "Standing Committee on the Environment, Climate Change and Development Planning". "Standing Committee on the Environment, Climate Change and Development Planning. 60. (1) There shall be a Standing Committee on the Environment, Climate Change and Development Planning which shall consist of five members appointed by the House, of whom three shall be members representing the Government, one of whom shall be appointed as Chairperson, and the other two shall be members representing the Opposition."; Cap. 549. Cap. 543. "(2) The Standing Committee shall discuss any strategy, plan or policy referred to it in terms of articles 46 and 53 and any other matter referred to it in terms of the Environment Protection Act and the Climate Action Act and prepare a report and refer it to the House and to the Minister. Such a report may also include any dissenting opinion on the strategy, plan or policy. The Minister shall take cognizance of the report: Provided that where the said Standing Committee fails to prepare a report within the period stipulated in this Act, the Executive Council may adopt the said strategy, plan or policy and the Minister may also approve the said strategy, plan or policy as forwarded to him by the Executive Council."; and VERŻJONI ELETTRONIKA A 696 Passed by the House of Representatives at Sitting No. 358 of the 14th July, 2020. ANĠLU FARRUGIA Speaker RAYMOND SCICLUNA Clerk of the House of Representatives Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper Prezz/Price €0.54 VERŻJONI ELETTRONIKA