An entire section of new regulations on waste separation, published just last week, will have to be thrown into the rubbish bin.
In an embarrassing oversight, the Environment Ministry mistakenly exempted most localities from the collection of white bags – intended for organic waste – just one month before the launch of the scheme. Meanwhile, the ministry is mounting an aggressive campaign to raise awareness about the new laws, which are to apply nationwide.
However, it must now recycle the law by not later than October 31, the date set by the government for the introduction of white bags in all localities.
Failure to meet this deadline would mean the new regulations being unenforceable with residents in most parts of Malta and Gozo.
Issued on September 20, legal notice 296 carries a detailed list of domestic waste collection schedules across all local councils.
Apart from the familiar black bag used for mixed waste and the grey bags intended for paper, plastic and metal objects, the legal notice includes green bags for garden waste, such as clippings, logs, leaves and flowers, and the white bags for organic or biodegradable refuse, such as food and kitchen waste.
However, it was soon realised that in two of every three localities, no time and day was specified for the collection of white bags by the councils’ contractors.
Mayors whose localities were not included in the list expressed bafflement at this omission when contacted for their reaction by The Sunday Times of Malta.
Asked to clarify, a ministry spokesman confirmed that the legal notice would have to be amended in the coming weeks. Giving no reason for the oversight, the ministry said that only those localities which had taken part in a 2015 pilot project were listed. In view of the government’s commitment to launch the scheme nationwide, the amended regulations would have to include all localities, the ministry said.
The inclusion of waste collection schedules for every locality in the legal notice is necessary to enable those who enforce the regulations – the police, Local Enforcement System Agency and the Environment Resources Authority – to verify any non-compliance.
For example, white bags will be collected across all localities on Mondays, Wednesdays and Fridays. So as from October 31, anyone caught taking out the black bag on these days would be liable to a fine, the spokesman said.
Meanwhile, the legal notice also specifies that there will be no collection of glass items in four localities, Vittoriosa, Senglea, Mdina and Mġarr. Asked why these places were excluded, the ministry said the decision was the councils’ prerogative. Should any council without glass collection wish to start offering the service, the ministry would amend the schedule accordingly.
Meanwhile, the spokesman confirmed that the ministry was considering the introduction of a uniform waste collection schedule to simplify the scheme, rather than having each and every council decide for itself.
Ministry: The schedule is a flexible instrument that keeps the legal notice enforceable
In another reaction on Sunday, the Environment Ministry said the legal notice was 'another positive measure being implemented as part of a holistic plan on waste management.'
It said the legal notice goes far beyond the schedule which outlines the waste collection dates and includes other principles to strengthen existing legislative and enforcement provisions, introduce stiffer penalties for those who relapse, and introduce new offences to condition people's civic duty. It also fosters a culture of ongoing environmental stewardship through public place recycling and reconstitutes the Advisory Committee for the control and monitoring of littering with a wider range of stakeholders.
In view of the government’s commitment to further enhance enforcement capacity, a new environmental offence was included in the revised Littering Regulations, listing the disposal of the wrong waste bag on the wrong day as a punishable wrongdoing, the ministry said.
This called for the inclusion of waste collection schedules for every locality to be listed as part of the Legal Notice itself, to enable enforcing agents (either police, LESA or ERA officers) to verify any non-compliance therewith.
"The schedule is a flexible instrument that keeps the legal notice enforceable at all times and in line with the collection schedules that local councils may design for the benefit of the community they serve."
The ministry said it remains committed and focused on addressing the challenges related to waste management and will continue implementing more measures and initiatives in the coming days.