When the Public Domain Bill was being debated in Parliament in 2016, it was described as a landmark and groundbreaking law that would empower citizens in a process that would add another layer of protection to Malta’s natural and environmental heritage.

The bill, presented from the Opposition benches by PN MPs Jason Azzopardi, Ryan Callus and Marthese Portelli, amended the Civil Code to make a distinction between public land and land which is in the public domain. “It also empowers citizens and NGOs to recommend land and property to be listed as public domain,” a news report from back then read. These proposals would then be scrutinised by Parliament.

“We are asking people to tell us what properties should be given special status and preserved for future generations and we are binding ourselves to give a reply within four months and allow people to scrutinise the process,” Azzopardi had said. The law was passed in a rare show of unity between government and opposition.

But is seems that somewhere along the way something changed, and citizens can no longer propose sites for protection. A press release issued by the Planning Authority this week said: “According to legal provisions proposals can only be made by the Minister responsible for Lands, Members of Parliament or Non-Governmental Organisations (NGOs).”

In fact, out of 24 sites that have been proposed and are now for public consultation, 16 were proposed by eNGO Flimkien Ghal Ambjent Ahjar, eight were proposed by Friends of the Earth and one was proposed by Environment Minister Jose Herrera.

A person who had in February of this year submitted a number of sites to be considered as public domain was annoyed to find out that none of his proposals had been included. Upon closer inspection of the law, the person found out that as a citizen, he was no longer entitles to put forward proposals.

One might argue that you could still ask your district MPs or an environmental NGO to make the request in your name. But this is just not the same thing as being able to make the request yourself. This was, after all, one of the biggest highlights of the bill. Besides, giving this right only to politicians and NGOs, who might have their own personal agendas, could be a dangerous thing to do.

The law itself is a good one, for it imposes on the state a burden to protect these sites for future generations, safeguarding them against unsustainable development, commercialistion and environmental destruction.

Some sites, such as the entire foreshore, are automatically considered as public domain while other areas, including valleys, squares, woods, forests, nature reserves and cultural artefacts can be proposed for listing.

Some of the 24 sites that have been proposed so far include the Cittadella and Hondoq ir-Rummien in Gozo, Wied Garnaw near Santa Lucija, Manoel Island, Villa Guardamangia and St Thomas Bay.

But the fact remains that citizens were promised a tool that would empower them and allow them to take part in such a noble process and it looks like they have suddenly been robbed of this right.

We understand that this amended version of the law will be challenged.

We will, of course, be looking at this development in more detail but in the meantime the authorities would do well to explain what is going on.