The prevention and remedying of environmental damage regulations : a critical appraisal

Abstract

This thesis is concerned with the examination of the Legal Notice 126 of 2008. The title of these regulations is the Prevention and Remedying of Environment Damage Regulations. 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 the Directive 2004/35/CE of the European Parliament and of the Council of 21st April 2004. Chapter One Analyses of the various stages of development before the entry into force of these Regulations. It examines the Green Paper, the White Paper, the Commission’s Proposals, the Directive and any other positions taken by various other stakeholders including the EU institutions and other organizations. Chapter Two It goes into the actual contents and provisions of the whole Regulations and also examines their implication and effects on the various stakeholders, the general public and interested parties. Chapter Three Reviews the implementation process of the Regulation. It goes into the principles of good administration, the costs and benefits involved in the implementation, the positive and negative implications on various stakeholders and the approach taken by operators and the general public. It shall also include any economic repercussions and how negative effects can be mitigated and any potential impacts that might ensue following the implementation of the Regulations. 9 Chapter Four This chapter presents a set of policy recommendations for further implementation designed to secure an effective and efficient implementation of these Regulations that is least burdensome on the Maltese economy. The recommendations include the setting up of appropriate structures, the establishment of a procedure to collect baseline information, the development of financial security mechanism and the introduction of environmental audits which are approved by a recognized environmental management system. Conclusion Concludes this work by looking forward into the future of these Regulations.