Foreword
I have been living and working in Malta since 2019, having tried to get a job in my field of expertise—as an environmental manager or officer—in addition to my engagement as a tutor in the field of geography and environment within the Trusted Tutors Malta platform.
So far, I’ve had five (5) job interviews at the Environment and Resources Authority (ERA), Malta’s main government body for environmental issues and “the national regulator on the environment”—equivalent to other countries’ environmental protection agencies (EPAs). The last two of the interviews were related to a position in the Environmental Permitting Unit within the Regulatory Affairs Directorate of the Authority.
The fact that I haven’t yet met the criteria for the job positions at ERA equals the need for my persistent learning and improvement within this perplexing realm of everlasting changes in our precious environment.
In this regard, starting with this first article, I want to write (and learn) something more about the process of environmental permitting.
What is Environmental permitting?
Environmental permitting is the process by which businesses, organizations, or individuals obtain the necessary approvals from regulatory authorities to carry out activities that may impact the environment.
Environmental permits are legal authorizations granted by government agencies to businesses and industries that may have an impact on the environment. These permits are designed to ensure that the activities of the business or industry comply with environmental regulations, protect public health, and prevent harm to the environment. In Malta, the Environment & Resources Authority (ERA) is responsible for granting environmental permits and environmental registration. (AIS Environment)
In essence, the goal of this process is to minimize harm to the environment while allowing development or industrial activities to perform activities in a controlled, responsible, and legal manner.
Key elements of Environmental Permitting
1. Regulatory requirements: Environmental permits are governed by laws at the local, state, and federal levels, depending on the region. In the U.S., for example, environmental permitting might fall under the jurisdiction of agencies like the U.S. Environmental Protection Agency (EPA), state environmental agencies, and local municipalities.
2. Types of permits:
– Air permits: required for activities that release pollutants into the air (e.g., industrial emissions, vehicle exhaust).
– Water permits: issued for discharges into water bodies (e.g., wastewater discharge, stormwater runoff).
– Waste management permits: needed for the disposal, storage, and treatment of solid and hazardous waste.
– Land use permits: involve activities like land clearing, construction, or mining that may affect land quality.
– Environmental impact assessments (EIA): Sometimes required for large or complex projects, where a detailed review of the potential environmental impacts is conducted before approval.
3. Application process: the applicant typically must submit detailed plans or environmental assessments, which are reviewed by the permitting authority. The process often involves public consultations, technical reviews, and compliance checks to ensure that the activity will not negatively affect environmental quality.
4. Monitoring and compliance: after receiving a permit, the permit holder is often required to follow specific operational practices, maintain records, and allow inspections to ensure continued compliance. Violations of the terms of the permit can result in fines, penalties, or the revocation of the permit.
5. Permit conditions: permits usually come with conditions that set limits on emissions, discharges, or resource usage and may require the implementation of pollution control technologies, monitoring programs, or other mitigation measures to protect the environment.
Why is Environmental Permitting important?
- Environmental protection: permitting ensures that activities like industrial operations, construction, and waste disposal are done in ways that minimize pollution and habitat destruction.
- Public health: by regulating emissions and discharges, permits help reduce the risk of harmful effects on human health, such as respiratory problems from air pollution or contamination of drinking water sources.
- Sustainability: it encourages businesses and industries to adopt more sustainable practices, such as using renewable resources, reducing waste, or adopting cleaner technologies.
- Legal compliance: having the proper permits helps businesses avoid legal penalties, fines, and potential shutdowns due to non-compliance with environmental laws.
In short, environmental permitting is a key tool for balancing economic development with environmental management, ensuring that activities that could impact the natural world and human health are carefully managed and monitored.
When is Environmental Permitting required in general?
In general, environmental permitting is required in the following situations:
1. Construction and development: projects like buildings, roads, and infrastructure often require permits to assess impacts on land, water, and air quality.
2. Industrial activities: factories and plants may need permits to regulate emissions, waste disposal, and resource extraction.
3. Waste management: facilities dealing with hazardous waste or landfill operations must obtain permits to ensure compliance with environmental standards.
4. Water usage and discharge: permits are needed for activities that involve withdrawing water from rivers or lakes, or discharging wastewater into water bodies.
5. Air emissions: operations that release pollutants into the atmosphere, such as power plants and manufacturing facilities, typically require air quality permits.
6. Natural resource extraction: mining, drilling, and forestry operations often need permits to protect ecosystems and regulate resource use.
7. Site remediation: cleanup activities at contaminated sites generally require permits to manage the process and ensure public safety.
8. Wetlands and endangered species: activities affecting wetlands or habitats for endangered species usually need permits to protect these sensitive areas.
9. Agricultural practices: certain agricultural activities, especially those involving pesticides or fertilizers, may require permits to minimize environmental impact.
10. Public events and gatherings: large events might need permits to address potential environmental concerns, such as waste management and land use.
The specific requirements can vary based on local, state, and federal regulations, so addressing the applicable laws in each case is essential.
Legal basis in the European Union and Malta
Malta has been a member of the European Union (EU) since 2004 and has been applying (adapted) European Union legislation since then.
The European Union’s (EU) environmental policy, based on Article 191 of the Treaty on the Functioning of the European Union, aims to preserve, protect, and improve the quality of the environment and to protect human health.
In the European Union, the procedure of environmental permitting has been primarily laid down in Articles 6(3) and 6(4) of the Habitats Directive.
Environmental permitting in Malta is prescribed in the ENVIRONMENT PROTECTION ACT within articles 54 and 55, and further regulated in the Environmental Permitting (Procedure for Applications and their Determination) Regulations, 2024.
When is an Environmental Permit needed?
According to ERA, an environmental permit is basically needed when:
- an activity could pollute the air, water, or land
- activities are to be carried out in a protected area
- an activity may affect a protected species of flora and fauna
More precisely, an environmental permit is needed in the following cases:
- Industrial activities: an industrial facility, manufacturer, or other business that produces potentially harmful substances e.g. landfill, dry cleaner, petrol stations, fish farms, discharges to sea, solvent emission activities;
- Waste management activities: waste management sites, where waste is transported, stored, recycled, treated or disposed;
- Quarries: quarries that are accepting and/or recycling construction and demolition waste;
- Operation of Medium or Large Combustion Plants;
- Activities related to interventions on trees e.g. pruning, uprooting, transplanting, and other interventions on protected trees;
- Activities in protected sites: e.g. cleanups, filming, camping, and any activity in protected sites e.g. Natura 2000 sites;
- Activities on protected species or GMOs e.g. research on flora and fauna or genetic manipulation of species;
- Trade or movement of protected species: the import, export/re-export, or transfer of species subject to the CITES Convention;
- Transfrontier shipment of waste: export and transit of waste to other countries;
- Extended Producer Responsibility (EPR): producer/importers of packaging material, EEE products, and batteries.
It should be stressed that this is not an exhaustive list of activities, so for further guidance, applicants are advised to contact the Environmental Permitting Unit at ERA.
Structure of the Permitting Process
The permitting process consists of six main stages:
- Submission of application
- Vetting of application
- Validation of application
- Review of application
- Consultation on application
- Decision
How to Apply
According to ERA, the Environment Permitting Unit only processes applications that are duly filled out on the ERIS system (the Environment Resources Information System), created by the Environment and Resources Authority in order to enable prospective applicants to apply for a permit in both English and Maltese, pay for the applications online, search through current applications, or follow the application process step by step from the comfort of their home.
This way, ERA is also protecting the environment by preventing unnecessary paperwork and excessive consumption of energy, resources, and time, thus additionally contributing to its main goal: “To safeguard the environment for a sustainable quality of life.”
Conclusion
Since most human activities can jeopardize and harm the quality and uninterrupted function of ecosystems and the entire planet’s environment, environmental permitting is crucial (among other procedures) in the process of the protection of nature and humans for the sake of long-term sustainable development.
In this regard, Malta, as a member state of the European Union, has adopted, adapted, and has been exercising an environmental law system (Environmental Acquis) and policy, in which the environmental permitting process is an indispensable part.