This section provides a set of proposals to enhance the efficiency of Mepa's operations. These proposals cover the following areas: core functions; organisational structures and operational processes.

Mepa's core functions

Mepa's role and responsibilities emanate from the Development Planning Act (DPA) and the Environment Protection Act (EPA) in respect of planning and environment respectively. Although Mepa is definitely the main regulator of the environmental sector, the Ministry of Resources and Rural Affairs (MRRA) also has responsibilities in this field - its responsibility for the Malta Resources Authority and climate change policy are but examples of the existence of other regulatory entities within the environmental field.

From a review of these two main portions of legislation, it is evident that there are obligations that may not strictly fall within Mepa's competence but instead would be more appropriate under the portfolios of other ministries. Examples in the EPA include roles and responsibilities in respect of resources and involvement in Strategic Environmental Assessment (SEA). Transport planning, currently a function under the DPD, is another example of a function which might not fall within the real mandate of Mepa. Equally, potential conflicts may also arise from the current text of the DPA and EPA; these resulted from a scenario where responsibilities for planning and environment were separate but subsequently assigned to the same competent authority.

In the light of the aforementioned, the government has evaluated Mepa's current portfolio and legal obligations with a view to determining the true mandate of Mepa and those functions which are considered as core to the authority's strategic orientation.

The government strongly believes in a clear delineation of roles between the policy-maker, the regulator and the operator. Policy direction is a core function of the centre of the government. It is the government that is ultimately responsible for national policies and priorities. Within this context, the government will take up, as a first step towards strengthening its policy formulation role, the formulation of policy in respect of both the planning and environmental arms of Mepa. This function will be assumed by OPM with technical input being provided by Mepa as required.

Mepa also currently holds functions which have historically been placed under its remit in the absence of a more adequate structure. The establishment of new structures provides the government with the opportunity to re-assign functions more efficiently. The Malta Transport Authority (ADT), which constitutes a more recent structure than Mepa, is deemed to be the most appropriate authority to house the transport planning function. Similarly, the newly-established Building Regulations Office (BRO) within the Services Division (MRRA) is considered as ideal to take up enforcement responsibilities in respect of construction site management. The enforcement of littering regulations will also be removed from Mepa's portfolio of responsibilities and delegated to local councils.

Whileclimate change and minerals are both related to Mepa, in view of its regulatory role in environmental protection, both these functions are being carried out by other entities which have taken up a more active stand in the respective areas. In order to consolidate such efforts, together with resources, responsibility for minerals is being migrated to the Malta Resources Authority (MRA) which houses a dedicated structure for minerals - the Directorate for Minerals Regulation.

Following the March 2008 general election, climate change policy was placed under the remit of MRRA. Following this, the Minister for Resources and Rural Affairs set up a climate change committee tasked with the formulation of a strategy which assesses Malta's obligations in respect of climate change and current structures and policies in place, and which proposes policy responses and measures in order for Malta to reduce its greenhouse gas (GHG) emissions. The government feels that responsibility for climate change should be enshrined within MRRA. This is in line with the recommendation made by the climate change committee in its consultation report issued in January this year. The report, titled: National Strategy for Policy and Abatement Measures Relating to the Reduction of Greenhouse Gas Emissions, clearly states that MRRA should be the "political owner of the ministerial portfolio for climate change". This document also recommends the establishment of a department for climate change within MRRA aimed at consolidating the functions related to this area into one set-up.

The migration of the aforementioned functions will enable Mepa to focus its resources on its core remit. Moreover, this measure should also be beneficial to the government as it will allow for a delineation of remits and a more appropriate "fitting" of functions to public entities, thus ensuring that a more holistic approach is adopted in individual sectors.

For this measure to be effective, a transfer of resources (human, financial, technological) from one entity to another is required to ensure that the entity absorbing the new function is equipped with the necessary capacity to fulfil such function.