The Gozo courts revoked a previous provisional decision issued following an application filed by 12 farmers and gave the go-ahead to the archpriest of Nadur to develop a new cemetery in Nadur.

The application had been filed by Martin Camilleri, Paul Said, Joseph Portelli, Emanuel Portelli, Joseph Camilleri, Joseph Camilleri, Michael Cassar, Emanuel Muscat, Joseph Grech, Rita Muscat, John Azzopardi and Saver Grech against Fr Saviour Muscat.

The farmers requested the court to prohibit Fr Muscat from proceeding with the proposed development of agricultural land at Ghajn Qasab, Nadur, which included the construction of a cemetery.

In his original decree, Magistrate Anthony Ellul upheld the farmers’ application on a provisional basis and authorised Fr Muscat to file a reply within five days.

The farmers had filed the application because they said that if the land was developed into a cemetery, the chemicals from the buried bodies would infiltrate the rainwater and into the water table.

They added that they irrigated their fields from water that was obtained from where the new cemetery was going to be built and thus, if the cemetery were to be built, the water can no longer be used to irrigate their crops.

Court-appointed expert Godwin Abela was asked by the court to draw up a report in which he stated that in his opinion, “the construction of the cemetery will not have any detrimental or negative effect on the quality or quantity of spring water that is used by the farmers.”

Mr Abela took into consideration that the Malta Resources Authority (MRA) did not object to the project because there was not going to be any negative impact on the spring water.

Furthermore, the report also noted that the Malta Environment and Planning Authority (Mepa) permit also includes measures, issued by the MRA, that have to be followed by the developer to eliminate any form of contamination.

Mr Abela also pointed out that the cemetery will only occupy a small part of the area that forms part of the water table.

The report also said that the water is not good for drinking due to the high nitrate levels.

The court, in its second decree, noted that while the aquifer is at least 25 to 30 metres below the surface, digging in the cemetery will only take place between five to six metres. It therefore revoked its original decision and gave the green light for the project.