Flimkien ghal Ambjent Ahjar (FAA) has condemned the government for launching a public consultation exercise after the Planning Authority had just granted permits on the Qawra Public Domain sites.
The public consultation, which was issued on 22 December 2022, involved the request to declassify parts of the seashore in Qawra and the Sliema Chalet site including part of the adjoining promenade.
The FAA has officially replied with an extensive submission where it strongly condemns the so-called 'consultation' whose consequences could annul the Public Domain law.
It said that this was issued with no publicity, during the festive period, in the thick of the abortion debate, and after the Planning Authority had just granted permits on the sites.
The Public Domain Summary maintained that public consultation is a ‘sham’ which was issued in a hectic period purposely to pass under the radar.
It said that the case for declassification has to be made by the party proposing this declassification, that is the Minister responsible for Lands and the Planning Authority which is acting on his behalf.
Contrary to what is required by the Civil Code Schedule Three, Title VI section 11, in the two declassifications being requested, the case is not being made, the FAA said.
“The motivation stated by the Planning Authority: “The main purpose of this request is to proceed with projects which will serve both private and public interests” is too generic and hence meaningless. This does not allow the public to consider the matter in any detail,” it read.
The FAA said that this motivation is so wide that it can apply to any site in Malta and would set an ugly precedent for the declassification of all Public Domain sites.
The group said that at this rate, any site in Malta can have projects or developments that “serve both private and public interests”. This would render the concept of Public Domain as meaningless and no longer extra commercium.
The statement said that the declassification proposal is also against the highest law of the country, which is being ignored by the Minister responsible for Lands and the PA. The law states that:
“9.(1) The State shall safeguard the landscape and the historical and artistic patrimony of the Nation. (2) The State shall protect and conserve the environment and its resources for the benefit of the present and future generations and shall take measures to address any form of environmental degradation in Malta, including that of air, water and land, and any sort of pollution problem and to promote, nurture and support the right of action in favour of the environment”.
“With this proposal the State is not protecting or conserving the environment for the present generation, let alone future generations,” it said.
The FAA said that there is irony that the first implementation since the law was enacted has been declassification, and not the promised addition of sites to the Public Domain.
The FAA proposed around 22 additional sites but only one has been included in the Public Domain.
“The justification for the declassification has not been made and the public is being kept in the dark as to the purpose of the declassification contrary to the letter and spirit of the law. Consequently Flimkien għal Ambjent Aħjar can only condemn the proposed declassification,” the FAA said.