Waste management regulation in Malta : the need for an integrated approach

Abstract

In view of the critical waste management situation in the Maltese islands, this thesis gives an overview of the current legislation and international obligations assumed by the Republic of Malta and analyses its adequacy for an eventual solution or at least improvement of the situation. Particular attention is given to the Environment Protection Bill which is envisaged to be enacted later this year. This thesis also gives an overview of those European Union Directives which effect Malta in a direct manner, as well as the schedule set out for the transposition of the same. These Directives are those which would most likely create the greatest obstacles when it comes to transposition and implementation. Subsequent chapters emphasise certain principles that are gaining ground in environmental law, such as the polluter pays principle and the producer responsibility principle. In its analysis of the polluter pays principle, Chapter 3 suggests improvements to the environmental action which could facilitate the task for the potential plaintiff and offer a better safeguard for the environment. Chapter 4 seeks to study the recent developments in environmental policy, which pursue a more effective and equitable distribution of responsibility. Finally, the conclusion, which favours the adoption of a new emphasis in Maltese environmental policy, includes suggestions for the implementation of such an approach.