This paper deals with the topic of environmental crime and biodiversity crime. After a short introduction the interplay between environmental law and policy is analyzed. Furthermore, the current regulatory framework and its effectiveness in safeguarding and enhancing the environment is examined. Lastly, the framework and its effectiveness in ensuring the sustainable development of Malta's urban, rural, costal and marine area is inspected.
Safeguarding the environment should be a major concern for every human being. This is because if it is not protected, future generations will not be able to enjoy such a planet as it is known today. There are various laws and policies which regulate and enforce the protection of the environment, with the help of several legal tools. Both people and organizations, as well as the government, should focus upon safeguarding the environment in the best ways possible. In fact, Chapter 549 of the Laws of Malta states that, "it shall be the duty of every person to protect the environment" and, "it shall be the duty of the Government to protect the environment for the benefit of the present and future generations."
Environmental crime is a type of crime in which the offender endangers the physical safety or health of a person, as well as the environment, thus is subject to criminal prosecution since the person breached the law. Such crimes are often portrayed as being victimless, however they are not. There are different forms of Environmental crime, which include in illegal development, illegal dumping, overfishing, illegal hunting and hunting for protected species
Table of Contents
1.1 Introduction
1.2 The interplay between Environmental Law and Policy
1.3 Examining the current Regulatory Framework and its effectiveness in:
1.3.1 Safeguarding and enhancing the Environment; preventing or decreasing Environmental crime
1.3.2 Ensuring the Sustainable Development of Malta’s urban, rural, costal and marine area
1.4 Conclusion
Objectives and Themes
This work examines the effectiveness of the current regulatory framework in Malta concerning environmental protection, specifically focusing on the prevention of environmental crime and the enforcement of sustainable development policies. It analyzes the interplay between legal statutes and planning policies to understand how they function in practice to safeguard the Maltese environment.
- The role of the Environmental Resources Authority (ERA) and Planning Authority (PA) in regulatory enforcement.
- Mechanisms for addressing and sanctioning various forms of environmental crime, such as illegal development.
- The integration of the Strategic Plan for Environment and Development (SPED) into local planning.
- Challenges in balancing individual rights with the necessity of environmental law enforcement.
- Legal frameworks governing land and sea development in the Maltese context.
Excerpt from the Book
1.3.1 Safeguarding and enhancing the Environment; preventing or decreasing Environmental crime
Environmental crime is a type of crime in which the offender endangers the physical safety or health of a person, as well as the environment, thus is subject to criminal prosecution since the person breached the law (Clifford & Edwards, 1998; Situ & Emmons, 2000). Such crimes are often portrayed as being victimless, however they are not (Luttenberger & Luttenberger, 2017). There are different forms of Environmental crime, which include in; illegal development, illegal dumping, overfishing, illegal hunting and hunting for protected species.
Let us take the example of illegal development. Imagine that a person has applied to build a two story house, with one pool and a garden. This type of development has been approved however, at construction phase the person decides to build the house with three stories, instead of the approved two. This is considered as being a breach of the law, because the house being built was not approved in that manner. The permit that was issued for the person was to build a house with only two stories. Considering that this person breeched the law, enforcement actions can take place since, the law lays down procedures to ensure adherence to policy. Prior breaches of that policy, enforcement action will take place. In fact, Chapter 504 of the laws of Malta specifically states that “any person who carries out any development ... without a development permission, or of with a development permission, fails to comply ... [with the permit] shall be guilty of an offence against this Act” (Chapter 504, 2014, p. 48).
Summary of Chapters
1.1 Introduction: Provides an overview of the importance of environmental protection and introduces the legal obligations of the government and citizens under the Maltese Environment Protection Act.
1.2 The interplay between Environmental Law and Policy: Discusses the relationship between legal regimes and policy frameworks, highlighting the roles of the ERA and PA and the impact of the Strategic Plan for Environment and Development (SPED).
1.3 Examining the current Regulatory Framework and its effectiveness in:: Analyzes the practical challenges of enforcing regulations, with a focus on illegal development and sustainable land/sea use.
1.3.1 Safeguarding and enhancing the Environment; preventing or decreasing Environmental crime: Details the nature of environmental crimes, such as illegal construction, and explains the enforcement procedures and legal consequences for violators.
1.3.2 Ensuring the Sustainable Development of Malta’s urban, rural, costal and marine area: Explores the policies aimed at sustainable development and the integration of environmental safeguards within the planning application process.
1.4 Conclusion: Summarizes the challenges in the fight against environmental crime and emphasizes the necessity for better enforcement and increased public awareness.
Keywords
Environmental Crime, Malta, Environmental Law, Policy Framework, Sustainable Development, ERA, Planning Authority, SPED, Enforcement, Illegal Development, Biodiversity, Legal Regime, Environmental Safeguards, ODZ, Regulatory Framework
Frequently Asked Questions
What is the primary focus of this work?
The work focuses on the regulatory framework in Malta, specifically how laws and policies interact to prevent environmental crime and ensure sustainable development.
What are the central themes discussed?
The central themes include the enforcement of environmental regulations, the role of national authorities, the impact of the Strategic Plan for Environment and Development (SPED), and the legal consequences of illegal development.
What is the primary research goal?
The goal is to analyze the effectiveness of existing environmental laws and policies in safeguarding Malta's environment for present and future generations.
Which scientific or legal methods are used?
The author employs a legal analysis of Maltese statutes (such as the Environment Protection Act and Development Planning Act) combined with an assessment of the institutional framework governing development.
What is covered in the main section of the document?
The main section covers the institutional split of MEPA, the mechanics of the policy framework, specific examples of environmental crimes like illegal building, and the role of the Environment and Planning Review Tribunal (EPRT).
Which keywords best characterize the work?
Key terms include Environmental Crime, Malta, Sustainable Development, Regulatory Framework, and SPED.
How does the author define environmental crime in the context of the work?
Environmental crime is defined as actions that endanger physical safety, health, or the environment, which are subject to criminal prosecution due to a breach of established legal standards.
What significance do the "Local Plans" (LPs) have in this analysis?
The author identifies LPs as potentially outdated instruments that are sometimes inconsistent with the newer SPED, creating challenges for the Planning Authority in managing development effectively.
Why are cases like "Chapman v. The United Kingdom" mentioned?
These cases are referenced to illustrate how legal interpretations regarding human rights (like Article 8) can intersect with environmental enforcement and planning laws, providing a comparative perspective.
What is the author's final verdict on the regulatory framework?
The author concludes that while the current framework is generally effective, it requires ongoing revision, increased awareness, and stricter enforcement to address gaps and keep pace with current needs.
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- Kimberley Bartolo (Autor:in), 2019, Environmental Crime and Biodiversity. A Maltese Context, München, GRIN Verlag, https://www.hausarbeiten.de/document/958696
