S.L. 549.50 Art. 23Backfilling plan. S.L. 423.20 S.L. 549.39

(1) The operator shall draw up a backfilling plan for the backfilling into the excavation void, whether created through surface or underground extraction.

(2) The objectives of the backfilling plan shall be:

(a) to ensure that the backfilling into the excavation void, whether created through surface or underground extraction, is carried out in accordance with existing Community or Maltese environmental standards and with the requirements of these regulations where relevant; and

(b) to encourage material recovery by means of backfilling, where this is environmentally sound in accordance with existing Community or Maltese environmental standards and with the requirements of these regulations where relevant.

(3) The backfilling plan shall contain at least the following elements:

(a) a description of how the environment and human health may be adversely affected by the backfilling into the excavation void, whether created through surface or underground extraction, including the relocation of temporary constructions, and the preventive measures to be taken in order to minimise environmental impact during operation and after closure, including the aspects referred to in regulation 24(a), (b), (d) and (e);

(b) the proposed control and monitoring procedures pursuant to regulations 24, 25, 26 and 27, when applicable;

(c) the proposed plan for closure, including rehabilitation, after-closure procedures and monitoring as provided for in regulation 26;

(d) measures for the prevention of water status deterioration in accordance with the Water Policy

Framework Regulations, and for the prevention or minimisation of air and soil pollution pursuant to regulation 25;

(e) a survey of the condition of the land to be affected by the backfilling;

(f) any other relevant information requested by the competent authority.

(4) The backfilling plan shall provide sufficient information to enable the competent authority to evaluate the operator’s ability to meet the objectives of the backfilling plan as set out in sub-regulation (2) and his obligations under these regulations.

(5) The competent authority may specify the format in which such information is to be made available.

(6) The competent authority shall make this information available in accordance with the Freedom of Access to Information on the Environment Regulations.

(7) Plans produced pursuant to other Community or Maltese legislation and containing the information specified in sub-regulation (3) may be used where this obviates the unnecessary duplication of information and the repetition of work by the operator, on condition that all requirements under sub-regulations (1), (2), (3) and (4) are met.

(8) The competent authority shall approve the backfilling plan on the basis of procedures to be decided by the competent authority and shall monitor its implementation.