Malta [European tort law 2008]

Abstract

The only piece oflegislation with relevance in the field of tort law to be enacted during 2008 was the Prevention and Remedying of Environmental Damage Regulations, enacted on 29 April 2008 by Legal Notice 126 of 2008 under the Environment Protection Act'. The purpose of these Regulations is to establish a framework of environmental liability based on the polluter-pays principle, to prevent and remedy environmental damage and to implement the provisions of Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004. The Regulations designate the Malta Environment and Planning Authority as the competent authority responsible for the environment. Operators of economic activities are placed under a duty to take all necessary preventive measures to avoid environmental damage and to take remedial measures where damage has occurred.