The environment will be given greater importance after the MEPA split – or demerger – as what is today only a directorate will be “elevated to an authority,” according to architect Robert Musumeci.
Speaking at a press briefing on the three Acts that will form the basis of the demerger, Mr Musumeci also explained how the newly set up Environment Authority will have representatives on both the Planning Authority’s Executive Board and its Planning Board.
After the demerger, MEPA as we know it will cease to exist. The Environmental Directorate will be carved out of the authority and become a distinct authority itself. There will be the Planning Authority, the Environmental Authority and the Reviews Tribunal, a separate entity that deals with appeals.
The Planning Authority will be composed of the Executive Council, which is tasked with policy-drafting, receiving and processing applications and enforcement duties, and the Planning Board, which is the entity that decides on planning applications. According to Mr Musumeci, this will ensure that all checks and balances are in place as the people drafting the policies will not be the same people taking decisions on planning applications.
The system is being simplified and enforcement will be stepped up, he said. Applications will, after the law comes into force, be filed before the Planning Authority. They will be published in the gazette and 30 days will be given to internal and external consultees (including Enemalta, Local Councils etc.) to submit their objections. The Case Officer would then prepare his or her report and recommend approval or rejection of the application. At this stage, the Executive Council will be out of the picture and the Planning Board will step in and decide on the application. Once a decision is taken an appeal can be filed by both the applicant and objector, depending on the outcome, and the appeal would be heard by the Reviews Tribunal, which is a separate entity and can overrule the Planning Board.
“Up till now applications may become stalled for years until they go to the health authorities to decide on sanitation issues. The new structure will have the power to decide on sanitation itself and a decision will have to be taken within 30 days,” Mr Musumeci said.
‘Independent’ board members chosen by the minister
He explained that the Environmental Authority will have greater influence as it will be represented in both stages of the planning application process. Up till now, the Environmental Directorate can only advise the planning board.
eNGOs will also have one representative on the board, as will Local Councils. Asked to explain how the planning board will be composed, Mr Musumeci said there will be five “independent” members, including the Chairperson. There will also be a representative from the planning commissions, one person representing the government and another for the Opposition, one member representing eNGOs, one from the Environment Authority, three public officers representing the government and one for the local councils, chosen according to the locality affected by the planning application.
Asked what “independent” meant, Mr Musumeci said it meant the same as written in the 1992 planning act. They must also show “integrity.” He also confirmed that the five “independent” members will be chosen by the minister responsible for MEPA, currently Parliamentary Secretary Michael Falzon.
Mr Musumeci also explained how the Development Planning Act includes the introduction of the Development Planning Fund, which will help eNGOs organize activities and help fix environmental damages.
In the case of enforcement, the first step would be for the authority to issue a warning notice, followed up by enforcement notice if no action is taken.
eNGOs and local councils will also be represented in the planning board. Environmental NGOs (eNGOs) need not be registered objectors to appeal against EIA/IPPC related decisions. In cases of allegation of planning fraud, the board will be bound to hold the meeting in public.
Greater importance on the environment
Former MEPA CEO Ian Stafrace briefed the press about the Environment Protection Act, which will see the introduction of the Environment Authority. The creation of an autonomous authority with a regulatory role would put the environment on a higher agenda. It will have an eight-person board, with the majority being independent members with knowledge and experience of the environment, eNGOs and civil society. Other members will have experience in environmental health and social policy.
The authority wll succeed the functions currently vested in MEPA in relation to environment protection and formulate and implement policies related to the protection and management of the environment and the sustainable management of natural resources. It will also be tasked with granting any authorization required for the carrying out of any operation or activity relating to, or which may have an impact on the environment.
“The Environment Ministry will also be tasked with advising the minister on policy implementation, drafting environmental standards and coming up with contingency plans. It will also have the authority to designate protected areas and issue protection and conservation orders.”
The Environment Authority will have one member sitting on the Planning Board and two members on the Executive Council of the Planning Authority. It will have the power to contest decisions taken by the planning authority before the review tribunal.
It is also tasked with ensuring compliance with and enforce matters falling under the environment protection act and may impose fines or request prosecution by the police.
Mr Musumeci also went into detail on the Review Tribunal, which he said will have wider jurisdiction than the current appeals board.
It will have a three-member panel, with a member versed in development planning legislation, a member versed in environment legislation and an advocate. They will serve five-year non-renewable terms.
Objectors will no longer need to show a link with the development and the first EPRT hearing must be held within 2 months from date of filing of the application. There will also be a tribunal registry, similar to the one at the law courts.
The three bills are up for public consultation until 7 August.