Cap. 465 Art. 26Powers to the Minister. Recreational waters. Matters relating to water.

The Minister, after consulting the Superintendent, may make regulations in general to regulate matters related to public health and without prejudice to the generality of the aforesaid, may by such regulations make provisions relating to public health:

(a) (i) requiring the licensing, registration or approval of any person, premises, equipment, machinery, apparatus or service concerning public health matters;

(ii) prescribing conditions, obligations or directions to any licence, registration or approval;

(iii) specifying the date of issue and the duration of any licence;

(iv) specifying reasons for withdrawal, cancellation or suspension of any licence, registration or approval;

(b) for the acquisition, disclosure, transmission, publication, restriction and storage of information relevant to public health;

(c) prescribing fees for any services given under this Act;

(d) for the control of recreational waters and in particular:

(i) the quality standards thereof;

(ii) the method and frequency of sampling and the methods for testing and analysis thereof;

(iii) the closure of bathing areas;

(iv) the regulation, registration and licensing of swimming pools;

(v) the regulation of areas where and times when animals may be taken into the sea;

(e) for the control of smoke and in particular:

(i) the methods of measurement of dark smoke and setting the limits on the rate of emissions of smoke;

(ii) identifying specific chimney heights depending on the purpose of the chimney, on the type of fuel to be used or in use and the location of the building;

(iii) declaring smoke controlled areas;

(iv) regulating or exempting from regulations any burning process, including furnaces and domestic furnaces;

(v) controlling and monitoring indoor air pollution;

(vi) giving effect to international agreements or standards with regard to smoke and air pollution applicable to Malta;

(f) regarding the limit or elimination of any noise, which may give rise to a nuisance, inconvenience or disturbance or constitute a danger to health and in particular:

(i) setting out objectives for reducing noise levels;

(ii) setting noise level standards for residential noise and noise that is emitted from or caused by a vehicle, machinery or equipment;

(g) regulating:

(i) dumping, keeping, transportation, storage, collection, treatment, recycling, reuse, disposal, importation and exportation of waste; and

(ii) houses or other premises built upon or near any contaminated land;

(h) regulating:

(i) premises used for habitation or assembly, including caravans and caravan sites, day care centres and any other structures used for habitation whether permanent or not and whether movable or fixed;

(ii) prohibiting the keeping of animals, in any premises, in any area whether within an inhabited area or not;

(i) prescribing:

(i) the standards for water quality for different uses;

(ii) the sampling and monitoring requirements for specific types of water and their uses;

(iii) water which may become prejudicial to health when used in any process or system;

(iv) the registration or licensing of activities, processes and systems where water is used;

(v) the regulation of suppliers or carriers of water;

(j) regulating:

(i) the construction, layout, siting and material to be used for any drainage system and ancillary facilities;

(ii) sanitary practices relating to disposal of waste in or from any premises;

(iii) the removal of stoppages from and the maintenance of drainage systems and other ancillary facilities of private and public premises;

(k) prescribing:

(i) the obligations of any commander, ship master, or any other member of the crew or staff on an aircraft or sea-going craft;

(ii) the signals to be hoisted or messages to be given by sea-going craft or by aircraft having any case of disease on board;

(iii) regulations regarding the granting of free pratique;

(iv) regulations relating to the issue of deratting certificates or deratting exemption certificates;

(v) the obligations of any person engaged with any airport or port authorities or any other person at any airport or port;

(vi) regulations regarding the discharge or loading of cargo, waste, water or food supplies, fuel, equipment, as well as smoke or gas emissions;

(l) (i) regulating the importation, exportation, licensing, keeping, sale, giving by way of compensation or otherwise of poisonous, venomous or otherwise dangerous living organisms which are not endemic in Malta and which may pose a public health risk to any person that may come in contact with them;

(ii) regulating the control or extermination of rats, mice or any other pest which may act as a vector or carrier of disease;

(iii) regulating the importation, use, storage and sale of chemicals and substances containing chemical which are or may pose a public health risk;

(iv) regulating burning process, including furnaces and domestic furnaces; and

(m) (i) regulating any activity where there is risk of potential exposure to ionising radiation, including activities of producing, manufacturing, importing, exporting, supplying, keeping, conveying, using or otherwise dealing with radioactive substances or radiation apparatus as well as the exposure to radiation in the diagnosis and treatment of disease;

(ii) classifying and regulating: A. radioactive substances; B. ionising or non-ionising radiation apparatus; C. sealed radioactive sources; D. other radiation apparatus;

(iii) specifying standards, practices and procedures to be followed with regard thereto;

(iv) regulating any act or thing that is involved in or related to an activity referred to in subparagraphs (ii) and (iii);

(v) regulating licences, permits, registrations, authorities or approvals in connection therewith;

(vi) requiring the keeping of records, furnishing of information, and notification of accidents or other matters or events by persons carrying on activities referred to in subparagraphs (ii) and (iii);

(vii) prescribing the monitoring of levels of exposure to radiation of persons engaged in activities referred to in subparagraphs (ii) and (iii) and the monitoring of the health of such persons as well as of the general public during and after such activities;

(viii) guarding the protection of persons and the environment against the harmful effects of radiation resulting from activities referred to in subparagraphs (ii) and (iii).