S.L. 545.43 Art. 43Overriding public interest.          S.L. 549.44. S.L. 549.100.  S.L. 549.42.

(1) Until climate neutrality is achieved, the relevant authorities shall ensure that, in the permit-granting procedure, the planning, construction and operation of renewable energy plants, the connection of such plants to the grid, the related grid itself and storage assets are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of regulations 19(2), 19(3) and 44(c)

of the Flora, Fauna and Natural Habitats Protection Regulations, regulation 5(7) of the Water Policy Framework Regulations, and paragraphs (a) to (d) of regulation 9(1) of the Conservation of Wild

Birds Regulations.

(2) In duly justified and specific circumstances, the application of sub-regulation (1) may be restricted to certain parts of the Maltese territory, to certain types of technology or to projects with certain technical characteristics in accordance with the priorities established in Malta’s integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/ 1999, subject to the Commission being informed of such restrictions, together with the reasons therefore.