Sustainable Tourism Law

LEGAL PROVISIONS PERTAINING TO SUSTAINABLE TOURISM 241 In this respect, each sub-heading demands a set of questions to ensure that the accommodation provider is in line therewith before being eco-certified. Since attaining an Eco Certification is rather “complex” due to the various mandatory and voluntary criteria and standards to be met, the hotel would be required on a mandatory basis to designate a person to ensure that the sustainability management system is being effectively upheld 9 . V. A PERSPECTIVE INTO MALTESE LAWWITH REGARD TO EFFECTIVE SUSTAINABILITY PLANNING It is a mandatory criterion that the design and construction of the building, as well as the infrastructure, have to meet sustainability standards, and consequently one must comply with local zoning and protected or heritage area requirements. These are provided for under the Malta Environment and Planning Authority Act 10 , since it is thisAuthoritywhich regulates the buildingplans and infrastructure in Malta, through specific policies and regulations thereon. It is an Authority which is also empowered to oversee the land-use, includingOutside Development Zones (ODZs). However, in furtherance of new European Union Directives and Regulations, tighter rules are being added to the meaning of continued sustainability so that new buildings (including hotels) would not further damage the environment. An example to be cited is the Environmental Impact Assessment Regulations 11 , enacted in December 2017, whereby it is provided in Article 1(3) that: “ the objective of these regulations is to provide for a high level of protection of the environment and of human health, to contribute to the effective integration of environmental considerations into the permitting procedure for public and private projects, and to ensure that public and private projects which are likely to have significant effects on the environment are adequately assessed before any development consent is granted.” 9 The person to be nominated for such a role would be usually either the hotel engineer or the Health, Safety and Environment Officer. 10 Chapter 504 of the Laws of Malta. 11 Subsidiary Legislation 549.46 of the Laws of Malta.