Cap. 643 Art. 9Establishment and composition of the Climate Action Authority.

(1) There shall be an Authority which shall be known as the Climate Action Authority, that shall be responsible for the regulation regarding climate related matters and the protection of the climate in

Malta.

(2) There shall be a Board, to be known as the Climate Action Authority Board which shall consist of a Chairperson and not less than four (4) and not more than six (6) other members.

(3) The members of the Authority shall be appointed by the Minister for a term of not more than six (6) years. If this period is for less than the stipulated six (6) years, no member shall in aggregate be a member of the Authority for an ulterior period.

(4) The Minister may designate one (1) of the other members of the Authority as Deputy Chairperson and the member so designated shall have the powers to perform all the functions of the Chairperson during his absence or inability to act as Chairperson, or while the Chairperson is on vacation, or during any vacancy in the office of the Chairperson. The Minister may also, in any of the circumstances aforesaid, appoint another person to act as Chairperson and in such case the foregoing provisions shall apply in respect of such person.

(5) A person shall not be qualified to hold office as a member of the Authority if he is:

(a) a Minister or a Parliamentary Secretary;

(b) a Member of the House of Representatives;

(c) a Member of the European Parliament;

(d) a Judge or Magistrate of the Courts of Justice; or

(e) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as a member of the Authority.

(6) At least two (2) of the members of the Authority shall be persons who have knowledge or experience in matters concerning climate change and climate related matters.

(7) Subject to the provisions of this article, the office of a member of the Authority shall become vacant:

(a) at the expiration of his term of office; or

(b) if any circumstances arise that, if he were not a member of the Authority, shall cause him to be disqualified for such appointment.

(8) A member of the Authority may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit to continue in office or has become incapable of properly performing his duties as a member, including the reasons specified in sub-article (10).

(9) If a member resigns or if the office of a member of the Authority is otherwise vacant, or if a member is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed as a temporary member of the Authority, and any person so appointed shall, subject to the provisions of sub-articles (6) and (7), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions.

(10) Any member of the Authority who has any direct or indirect interest in any contract entered into or proposed to be entered into by the Authority, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of his interest at the first meeting of the Authority after the relevant facts have come to his knowledge. Such disclosure shall be recorded in the minutes of the Authority and the member having an interest as aforesaid shall withdraw from any meeting during which such contract is discussed. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify him from remaining a member, he shall report the said fact immediately to the Minister and tender his resignation:

Provided that, wherever no conflict shall arise with regard to the obligations and functions of the Authority, the member shall act in full respect of the principles established under article 6 of this Act.

(11) The meetings of the Board shall be called by the Chairperson as often as may be necessary, either of one’s own motion or at the request of two (2) or more members of the Board:

Provided that the Board shall meet as often as may be necessary, but not less than once (1) every month.

(12) (a) The Chairperson and at least two (2) other members of the Board shall form a Decisions shall be adopted by a quorum. simple majority of the votes of the members present and who have a vote:

Provided that without prejudice to the other requirements of this Act, no decision shall be valid which is not supported by at least two (2) members of the Board.

(b) Each member of the Board shall be entitled to one

(1) vote: Provided that the Chairperson shall have an initial vote and in the event of an equality of votes, a casting vote.

(13) Without prejudice to the provisions of this Act, the Board may regulate its own procedure.

(14) Without prejudice to the foregoing provisions of this article, no act or proceeding of the Board shall be invalidated merely by reason of the existence of any vacancy among its members.

(15) All acts done by any person acting in good faith as a member of the Board shall be valid notwithstanding that some defect in his appointment or qualification is discovered subsequent to any act or proceeding of the Board. No act or proceeding of the Board shall be contested by a member on the ground of any breach of sub-article (9) by any member.

(16) In determining policies, the Board shall follow the policy guidelines as may be set out by the Minister. The Board shall also be responsible for advising the Government in furtherance of the functions and in the attainment of the objectives of the Authority in terms of this Act.

(17) (a) Every Ministry shall have a Climate Action Coordinator who shall provide the competent authority with any input it may require in fulfilment of its functions listed in article 10. Such input shall be in a consolidated format reflecting the approved position of the Ministry.

(b) The Permanent Secretary within each Ministry shall be the Climate Action Coordinator of such Ministry.

(c) Every head of an authority, agency, entity or department within Government Ministries which are considered relevant to climate action, as identified by the Minister responsible for climate action, shall be a person of reference who assists the Coordinator.

(d) The Coordinator within a Ministry which is considered relevant to climate action shall be responsible to develop plans, measures and climate related actions of the concerned Ministry, as required and in accordance with article 10.

(e) The competent authority shall have the power to request any information directly from the Coordinator.

(f) Each entity mentioned in paragraph (c) shall state in a special section of its annual report:

(i) the specific objectives which have been set to achieve alignment with the national policies including the strategies and plans and its contributions towards the implementation of the said policies; and

(ii) the specific activities or interventions it has undertaken to achieve the objectives referred to in paragraph (d) and to list and quantify the benefits accrued by it:

Provided that the Principal Permanent Secretary shall have the power to request the competent authority to review, from time to time, any such report insofar as related to the provisions of this Act.