Environmental and Planning legislation and the intricate mesh of interlocking Maltese, European and international regulations pose increasingly huge challenges on all types of industries. Whether you are a multinational corporation, a small or medium sized enterprise, an individual trader or a consumer, Fenech & Fenech is one of the few law firms to offer real expertise and practical advice in this rapidly evolving area of law.
Irrespective of the size of your industry and regardless of the products or services which you offer or purchase, Environmental and Planning legislation is bound to have an impact on the performance, viability and sustainability of your business or on the way your products or services are manufactured, delivered, disposed of or otherwise managed. The team at Fenech & Fenech can assist you at all stages, either by providing individual case-by-case advice on a particular instance or otherwise by offering a comprehensive and all-embracing advice for all stages of a project – from the planning stage, to execution and conclusion.
Fenech & Fenech strongly advises that Planning and Environmental considerations must be contemplated and evaluated prior to the commencement of a project. This is why the Firm focuses on preparing and issuing preliminary or specialised legal opinions on (1) applicable legislation and subsidiary regulations (2) compliance issues, (3) regulatory or fiscal requirements (including the obtaining of permits, licences or authorisations) and (4) analysis and reporting of potential legal risks and liability which may result from that same project.
Whereas assistance with planning requirements, including any application procedures, on-site inspections and follow-up may be provided by the Firm, the legal team may also assist with the procurement of professional environmental Audits or of Impact Assessments (carried out in collaboration with specialised technical or scientific partners in the field). To this end, Fenech & Fenech may be nominated as your duly appointed representatives when dealing with government agencies, authorities (such as the Malta Environmental and Planning Authority – MEPA) and other boards or tribunals. Our team of experienced legal professionals have credentials in (i) procurement and tendering procedures, (ii) governmental and NGO lobbying (iii) contract drafting (iv) drafting of settlement agreements and (v) mediation, arbitration, court and tribunal litigation and dispute resolution.
Some of the Firm’s areas of specialisation include:
Land, Air, Water and Marine pollution;
Waste Management and Disposal
Regulated Waste Management Sites or Land Fills;
Effluents, desalination, solid waste,
Air Emissions (levels and reporting);
e-waste (e.g. WEEE legislation)
electrical and electronic equipment (e.g. RoHS legislation)
Compliance of existing products with local and global regulation (and environmental management systems – EMAS)
Planning, Development, Construction and construction waste-management;
Water Discharges and Extraction of Water
Intellectual Property in environmental matters in particular, patent-protection of inventions and innovations.
Pollution Liability under environmental legislation
Recycling, packaging, carriage of dangerous goods, radiation, noise, notification of chemicals
Carrying out of General Environmental Due Diligence
Indeed, the way in which the environment is perceived and regulated has changed dramatically in recent years as a result of both climate change and the increasing interaction of environmental laws with Health and Safety and Product Liability law. The legal team at Fenech & Fenech works closely with clients to pre-empt, reduce and mitigate environmental or Health & Safety risks and we provide bespoke legal advice to avert serious incidents, to avoid liability or to respond to any civil or criminal claims. Ultimately we acknowledge and understand that environmental awareness, compliance and prevention are important components of good governance and risk management.