The role and functions of the Environment and Resources Authority under the new Environment Protection Act following the demerger from the Planning Authority

Abstract

In 2002, the Development Planning Act was amended by means of the Cultural Heritage Act, whereby the Planning Authority ceased to exist and became the Malta Environment and Planning Authority (MEPA). The MEPA’s core functions were the implementation of environmental and development planning law, until in 2016 the MEPA was split in two distinct public authorities, the Environment Resources Authority (ERA) and the Planning Authority. In this study the roles and functions of the ERA are analysed by first looking at the development of environmental law in Malta which has been pertinent in providing a context to the role and functions that ERA holds today. The first Environment Protection Act in 1991 was crucial to codify environmental legislation and enable the enactment of further legislation, until in 2002 another Act was promulgated to provide the means to implement the environment chapter of the acquis communautaire, then in 2010 the Act that fused the Planning Development Act and the Environment Protection Act was promulgated, which was subsequently repealed following the demerger. The core functions of ERA do not solely emanate from the EPA, 2016 but also from other legislative bodies which put ERA in a decision-taker’s and consultative role on the Board of other Authorities such as the Lands Authority and the Planning Authority. ERA has morphed from a government department, to a Directorate within MEPA, to a distinct public authority responsible of environmental affairs. It has its own permitting and enforcement functions and is syndicated by the EPRT, the Legislative arm of public administration and other Constitutional Bodies such as the Ombudsman and the National Audit Office. The establishment of ERA has translated in a stronger environmental voice, albeit it is yet in its infantile stages and not without acknowledging that its voice can be made even sturdier by affecting legislative amendments that will provide ERA with stronger footing in the decision taking fora that impinge the environmental integrity the most.