The environment watchdog is proposing fines for not properly separating waste, ranging from up to €50 for households to a maximum of €150 for businesses.  

A public consultation on the introduction of mandatory waste separation at source was launched on Tuesday and covers “everyone, including government entities, households, businesses and other organisations”. 

Waste separation is mandatory for households, but not for commercial establishments. A 10-year strategy introduced well over 18 months ago promised to bring commercial establishments on board as one of its primary aims.

The authority said that, to date, there are no legal obligations to separate waste at source, resulting in a significant share of recyclable waste resources being disposed of in black bags. 

“The proposed mandatory waste separation regulations will be a major environmental step forward for Malta, in its effort to promote increased waste recycling and to drastically reduce mixed waste to landfills by 2035,” ERA said. 

Malta already has rules and fines for those who take out the wrong rubbish bags on collection days.  

 What is being proposed?

Two legal notices are being proposed with the aim of introducing the mandatory separation at source requirements within national legislation.

These are the Waste (Amendment) Regulations, and the Abandonment, Dumping and Disposal of Waste in Streets and Public Places of Areas (Amendment) Regulations.

The proposed legal notices must be published into law before they become enforceable.   

According to the proposed rules, waste would have to be separated as paper; metal; plastic; glass; bio-waste; and any other waste stream as determined by the minister responsible going forward.

This would apply to every person – including households, businesses, and government, regardless of whether the waste is generated at home, at work, or in public places.

Co-mingled collection of certain waste streams may be allowable if carried out in line with the provisions of the law.

At present this means that door-to-door collection of recyclable paper, plastic and metal collectively in grey/green bags is allowed for households. 

How much are the fines? 

The proposed fines for not separating waste correctly are as follows.  

For waste from commercial establishments:

• First contravention: reprimand and admonition (warning)
• Second contravention: €75
• Subsequent contraventions: €150

For any other establishment (including households):

• First contravention: reprimand and admonition (warning)
• Second contravention: €25   
• Subsequent contraventions: €50.

Malta already has rules which require households to take out different rubbish bags on specific days, with schedules varying depending on the different localities.

Gradual enforcement

ERA said that the regulations will be introduced in conjunction with a nationwide, six-month educational campaign, to make sure that the public is adequately informed before they come into force.

Enforcement of the new regulations by ERA and other entities will be carried out gradually, to allow for a period of adaptation. 

It remains unclear how ERA intends to enforce the laws. Sources close to the authority told Times of Malta that the primary target of the new legal notices would be commercial establishments. 

The draft regulations can be downloaded here.

Feedback on these proposals can be sent by email to era.policy@era.org.mt, by Monday, December 5, 2022.