Environmental and
Planning Law

Environmental law consists of the body of rules and regulations, and orders and statutes, concerned with the maintenance and protection of the natural environment of a country. It provides basis for measuring and apportioning liability in cases of environmental crime and the failure to comply with its provisions. Thus, environmental law regulates the impact of human activities on the environment and covers a broad range of activities that affect air, water, land, flora or fauna, and other natural resources. 

Although the body of Maltese environmental law may be found throughout various local laws and regulations, the principal Act governing this area of law is found in the Environment Protection Act of 2016 (Chapter 549 of the Laws of Malta), together with all regulations made thereunder. The applicable regulatory authority in Malta in this area is the Environment and Resource Authority (ERA), which formerly was in the remit of MEPA (which also regulated with planning and has now been demolished following its demerger in 2016)

Planning law (also known as development planning law) refers to any applicable law, regulation, statute, statutory instrument or binding and mandatory guidance, standards, codes, notices requirements, orders or directions which deals with land use planning and building regulation and control.

Again, although one may find many development planning related laws and regulations under Maltese law, the main Act dealing with this subject matter is the Development Planning Act of 2016 (Chapter 552 of the Laws of Malta), together with all regulations made thereunder. The competent authority in this field is the Planning Authority (formerly MEPA which also dealt with the environment, which has now been demolished following its demerger in 2016). One of the vital functions of this authority is to process and issue permits, required for any property development ranging from minor changes to applications for full developments.

The environment and development planning often go hand-in-hand, as was the case with MEPA from its formation in 2002 until its demerger in 2016.

Lexvirtualis™ possesses the necessary expertise to be able to assist clients at with environmental and development planning law every stage of the process.

Our services include legal assistance and representation with regard to:

Environmental law

• Compliance

• Permits

• Projects (Licensing and Authorisation)

• Environmental Audits

• Environmental Impact Assessments (EIAs) and Strategic Environmental Assessments (SEAs)

• Legal assistance with regard to ratification of international treaties and drafting and implementation of necessary national laws

• Transposition of EU directives into domestic law

• Disputes and Liability and Offences

• Settlement agreements

• Alternative Dispute Resolution and Litigation including Appeals (Environment and Planning Review Tribunal) including representation before authorities.

Development Planning law

• Applications for Development (the entire process)

• Objections (against proposed development / existing development)

• Reconsideration

• Appeals (EPRT and Court of Appeal)