On 15 May 2025, the Environmental Permitting (Procedure for Applications and their Determination) Regulations (S.L. 549.172) officially came into force through Legal Notice 53 of 2025. These regulations represent a major reform in Malta’s environmental regulatory framework and are expected to significantly impact a wide range of sectors — from industrial operators to developers, landowners, and public stakeholders.

🔍 A Consolidated Legal Framework

The new permitting regime brings together over 160 fragmented legal instruments under a single, streamlined system enacted under the Environment Protection Act (Cap. 549). The goal is to simplify environmental permitting while setting clearer expectations for operators and improving transparency in decision-making.

⚖️ Risk-Based Permit Classification: A Three-Tier System

Environmental permits are now classified into three levels, based on the risk posed by the activity:

• Level 1 – Low Risk
  Activities such as tree pruning, hull cleaning, and small-scale events in sensitive areas. These benefit from shorter review and consultation periods.

• Level 2 – Medium Risk
  Includes operations like quarry backfilling or temporary construction waste storage. These undergo a moderate level of assessment and consultation.

• Level 3 – High Risk
  Reserved for high-impact operations such as incineration, land reclamation, and pharmaceutical production. These applications are subject to the most stringent evaluation procedures and longest timeframes — up to nine months.

Each level determines the consultation period, technical assessment depth, and processing time.

📑 Scope Defined Through Two Schedules

The regulations define the scope of activities requiring permits through two schedules:

• First Schedule:
  Lists 42 high-risk activities requiring an immediate permit, such as quarrying, marine discharges, and hazardous waste storage.

• Second Schedule:
  Introduces 18 previously unregulated activities like cement packaging, slaughterhouses, crematoria, shipyards, and pharmaceutical operations.
  Operators in these sectors must:

  • Obtain transitional authorisation within six months

  • Achieve full compliance and a standard permit within four years

These transitional provisions offer legal certainty while allowing time for alignment with environmental standards.

📝 Application and Decision Process

All permit applications must be submitted via the Environment and Resources Authority (ERA) portal. ERA assesses each application for completeness, assigns it a risk level, and opens a consultation period. Following a technical review, a decision is issued. Conditions may include monitoring, mitigation measures, or operational limits.

Importantly, transitional authorisations are not subject to third-party appeal, though full permit decisions may be challenged before the Environment and Planning Review Tribunal.

🗣️ Public Participation and Transparency

The 2025 regulations expand public access to the environmental decision-making process. Unlike the previous system (limited to IPPC-level permits), the new framework allows broader public consultation and ensures that key ERA decisions take place during public sessions, with documentation published online via the ERIS portal.

Stakeholders, NGOs, and citizens may follow applications, submit feedback, and in some cases appeal decisions — reinforcing transparency and accountability.

🔍 Enforcement and Compliance

ERA has been granted enhanced enforcement tools, including:

• Stop orders

• Administrative fines

• Court action for serious breaches

This strengthens the effectiveness of the permitting system, ensuring compliance is not optional but an integral part of responsible operations.

🏗️ Implications for Property Law and the Development Sector

The new regulations carry important legal implications for property and infrastructure development in Malta. Due diligence for land acquisition or project planning may now need to include verification of environmental permitting status. Developers must integrate environmental compliance into the early stages of planning to avoid delays or legal challenges.

Professionals working in real estate, planning, and environmental law must become familiar with the risk classification system and the regulatory timelines involved.

📌 What This Means Going Forward

The Environmental Permitting Regulations 2025 set a solid foundation for stronger, fairer, and more transparent environmental governance in Malta. They introduce long-needed clarity, consolidate fragmented rules, and broaden stakeholder involvement.

At En-Sure Ltd, we are monitoring the implementation of these changes closely and are ready to assist operators, developers, and planners in adapting to the new regulatory landscape.

If you are unsure whether your operations fall under the new framework or need assistance with a transitional authorisation or permit application, our team is here to help.

📩 Get in touch at info@ensure.com.mt