The Commissioner for the Environment and Planning, David Pace, has slammed the Mepa demerger, blaming it for a lack of protection of the environment that followed the demerger.

Commissioner Pace, wrote to Minister Jose Herrera and Parliamentary Secretary Deborah Schembri to express his reservations.

He said that it was now evident that planning considerations were being given far greater weight than environmental ones when deciding on project approvals. 

Good governance principles had been ignored in the Planning Authority's approval process for a 38-storey skyscraper in Sliema, he wrote.

At that crucial meeting, ERA chairman Victor Axiak missed the meeting due to illness, and a statement he wrote outlining his views was not read out at the Planning Authority board hearing.

Mr Pace argued that denying the PA board the chance to hear the ERA's views "runs entirely against transparency and accountability rules" and breaks all fundamental principles concerning the right to a fair hearing. 

The fact that the PA was able to forge ahead despite an ERA representative not being present and the authority's views not being heard simply highlighted how inadequate existing laws were from an environmental protection point of view.

Mr Pace also highlighted a series of other concerns: 

• Despite being on paper on an equal footing, the ERA was evidently far less powerful than the PA. He described it as “toothless” and “powerless.”
• Concerns about the dangers of demerging planning and environmental regulatory functions had already been raised by Mr Pace in September 2015.
• Development had to be seen as something that affected the environment, rather than environmental issues considered as something that might affect development.
• ERA reports should be included among planning documents made available to the public.
• A project should be denied planning permission if the ERA expresses reservations about it, as already happens if public health concerns are raised.

 

Mr Pace's letter was also sent to the Prime Minister, the Opposition leader and the PA Chairman. See pdf below

Letter to the Prime Minister and Leader of the Opposition

Letter to the PA Chairman

 

Ministry drawing up amendments

In reaction, the Environment Ministry said it wanted to make some clarifications, namely that;

The MEPA demerger was an electoral promise endorsed by the electorate. Today, the ERA is more proactive and strategic and focuses specifically on safeguarding the environment while assuming the role of regulator.

It said there is no doubt that the environment today has a stronger voice but one had to consider that the ERA was still in its infancy and would grow stronger with time. The ministry said it was open to all genuine proposals that can make the authority stronger.

It said it was not true that the ERA only attended PA Executive Council meetings when invited by the Chairperson. The law stated clearly that two ERA members form part of the council and that they should always attend when matters related to policy, scheduling and planning control applications are debated.

The ministry said that the law does not allow the ERA member on the PA board to be replaced when indisposed. As a result, amendments to the law are being drafted.

It said the way the Opposition was attacking and undermining the ERA was shameful, while noting that the current Floor to Area Ratio policy was introduced by a PN government.

 The ministry said it could not understand how the PN was now criticising the high rise policy when this has existed for a number of years. This government has actually reduced the number of localities where high rise development is permitted.

In another statement, the Parliamentary Secretariat for Planning said it agreed on the need for there to be the necessary checks and balances in the administrative and procedural structures adopted by the two authorities. This was why the government turned what was the Environmental Directorate into a fully-fledged authority.

The ERA is represented on the Executive Board of the Planning Authority, where planning policies are drawn up. The Environment Directorate could only give advice.  

The ERA is also represented on the PA board, where development applications are decided. It can also appeal a decision. The Environment Directorate could do none of this.

Like the environment ministry, the PS said it was not true that the ERA only attends PA council meetings if invited. “The chairperson has a duty at law to ensure that the two ERA members are always present for meetings on policy, scheduling and planning control applications.

It was also not true that the PA did not give weight to the recommendations of the ERA.

The PS also reminded the Environment Commissioner that all permits approved by the PA can be taken before an independent review tribunal.

 

Assessment incorrect and unfounded – ERA

In a statement this evening the ERA said, “The assessment made by the Ombudsman regarding the inefficiency of ERA since the demerger is incorrect and unfounded.

“Since its inception less than five months ago, ERA embarked and successfully concluded several actions that had been pending for a long time prior to the demerger and that gave rise to new regulations and policies, including 30 sites for Natura 2000 and 22 management plans. ERA also designated 9 new marine protected areas covering 12 times the size of Malta. It also set in motion regulatory processes such as those aimed at facilitating the environmental permitting regime.  In the past months, the ERA Board has also tackled and resolved a significant amount of specific environmental infringements that had been shelved for a number of years.

“Despite the impression given by the Obudsman’s letter, the discrepancy between the ERA and the PA is not in their strength, or lack of it, but might lie in the fact that ERA is still in the process of investing in robust resources to execute its new functions from a Directorate to an Authority. Investment that is targeting human resources and the fundamental support services, such as IT systems.

“ERA continues to take a leading role in all discussions at the PA Board and the Executive Council in line with the current legislation.

 

“For the past five months ERA has honoured its obligations by contributing towards the planning development process by contributing in the consultation processes on development applications. This has been substantiated by the role of the representative on the PA Board. It has contributed to the decisions regarding changes in scheme alignments and has influenced proposals of scheme changes that impact ODZ. The result is that these areas now benefit from amended schemes with minimal impacts on ODZ areas. ERA’s input on the Executive Council has also contributed at policy level and it is committed to continue with this contribution towards policies with greater regard to the environment”