Understanding Malta’s New Environmental Permitting System 2025

On 11 March 2025, the Government of Malta introduced the Environmental Permitting (Procedure for Applications and their Determination) Regulations, 2025 through Legal Notice 53 of 2025.

Enacted under the Environment Protection Act (Cap. 549), these regulations bring together over 160 fragmented legal instruments into one consolidated framework. The aim is to streamline the environmental permitting process while setting clearer expectations for developers, landowners, industrial operators, and regulators.

This reform carries particular importance for the property and development sectors in Malta, introducing changes that will influence how land use, construction, and operations with environmental impacts are regulated going forward.

Environmental Permit Classification Based on Risk and Activity Type

One of the main structural features of the new framework is the introduction of a tiered permitting system. Permits are now issued under three levels, depending on the level of risk the activity poses to the environment.

Level 1: Activities assessed as low risk—such as tree pruning, hull cleaning, or small events in sensitive areas.
These are subject to a shorter consultation period and are generally processed more quickly.

Level 2: reserved for operations with moderate environmental implications, including activities like quarry backfilling and temporary storage of construction waste.

Level 3: The most stringent controls apply to Level 3 activities, which include industrial-scale operations such as incineration, land reclamation, and pharmaceutical production. These permits require the longest review period and the most thorough assessment.

Each level comes with corresponding consultation periods and timeframes for permit processing, which range from a few weeks to nine months depending on complexity and risk classification.

Scope of Regulated Activities: Two Schedules of Control

The legal framework defines its scope through two schedules of activities.

The First Schedule identifies 42 types of activities that are now subject to immediate permitting. These include areas such as quarrying, hazardous waste storage, and marine discharges—operations historically associated with higher environmental risks and already familiar to many in the regulated sectors.

By contrast, the Second Schedule brings a further 18 activities under regulation for the first time. These include cement packaging, slaughterhouses, crematoria, shipyards, and pharmaceutical operations, among others. Operators already engaged in these activities must obtain a transitional authorisation within six months of the regulations coming into force and achieve full environmental permitting within four years. This transitional phase is designed to offer legal certainty while giving operators sufficient time to align with new compliance requirements.

Applications for permits must be submitted through the Environment and Resources Authority’s (ERA) digital portal. Once submitted, ERA validates the application for completeness and categorises it under the appropriate permit level. The permit is then subject to consultation, followed by a technical assessment, after which a decision is issued. Permit conditions may include monitoring requirements, operational restrictions, or mitigation measures.

All decisions are published on the ERA website, and certain categories of stakeholders may submit an appeal to the Environment and Planning Review Tribunal. Transitional authorisations, however, are excluded from third-party appeal, a point noted during the public consultation process.

The 2025 Environmental Permitting Regulations include broader provisions for public consultation and access to environmental decision-making. Previously, public participation was largely restricted to high-risk activities falling under the IPPC regime. Under the new framework, a wider range of activities is now subject to public comment and representation. ERA decisions, particularly on more significant applications, are to be taken in public sessions, and documents are made available online via the ERIS portal.

Members of the public, NGOs, and other stakeholders can follow live applications, submit feedback, and, in some cases, appeal permit decisions. This represents a step towards more transparent and inclusive environmental governance in Malta.

Enforcement and Compliance Mechanisms

To support the integrity of the permitting system, ERA has been granted enhanced enforcement powers. These include the authority to issue stop orders, impose administrative fines for non-compliance, and escalate serious infractions to court proceedings. These enforcement tools are designed to ensure that the permitting process is meaningful in practice and that non-compliance is not overlooked.

The introduction of a comprehensive environmental permitting regime will directly influence the work of legal professionals and developers involved in land use, property acquisition, and infrastructure planning. Legal due diligence in real estate transactions may now require verification of existing or pending environmental permits. Similarly, planning applications involving activities from either schedule will need to account for environmental compliance from the outset.

For professionals advising on property and development law, the regulations introduce a new dimension to project feasibility, risk assessment, and regulatory strategy.

Transitional Provisions for Existing Operations

Operators who were already engaged in activities newly regulated under the Second Schedule are permitted to continue operating temporarily, provided they obtain transitional clearance from ERA within six months. Full compliance through the environmental permitting process must be achieved within four years. These transitional authorisations provide legal cover during the adjustment period but are not subject to third-party appeal. ERA retains the right to impose conditions or revoke authorisations if necessary.

The Environmental Permitting Regulations 2025 mark a substantial reform to the regulatory landscape surrounding environmental oversight in Malta. The system introduces clearer classifications, defined timeframes, and formal consultation rights, while bringing previously unregulated industrial activities under structured control.

Feedback from stakeholders during the consultation process was generally supportive of the effort to consolidate and simplify existing permitting laws. In particular, the inclusion of new sectors and the requirement for public decision-making were welcomed as overdue improvements. At the same time, concerns were raised about the lack of appeal rights for transitional authorisations and the potential for procedural limitations that may affect access to justice.

The long-term effectiveness of the regulations will depend on consistent application, timely enforcement, and an open approach to future refinements. If these elements are achieved, the new framework could provide the certainty and structure that many in the property and development sectors have sought, while strengthening environmental governance and transparency.

As implementation progresses, it will be important to monitor how these reforms impact real-world permitting, compliance behaviour, and public engagement. The framework offers the tools for a more balanced and predictable system—one that aligns legal responsibilities with environmental realities, and that gives all stakeholders a clear and consistent role in shaping how land and operations are managed in Malta.