Last Friday, my colleague Ryan Callus and myself addressed a news conference to explain my party’s reaction to the government’s plans to split up MEPA into two authorities: an authority for planning and development and an authority which will focus on the environment and resources. 

In our press conference we stated that we do understand that the government has a mandate to proceed with this demerger since with was one of the pledges in its electoral manifesto. We also stated that that our Party agrees that wherever one could improve things in the planning and development process so that people are given a better service one should go for such improvements. However, we could not fail to express our worries about a number of proposals government has come up with which, we feel, will tilt the existent balance between development and the environment in favour of uncontrolled development at the expense of the environment and which will also transfer control from the authority back to the politicians as was the case many years ago.

One such example is the way the minister responsible for the new planning and development authority will be able to regularize illegal development unlike what happens today where there are the necessary checks and balances to ensure that the whole process is transparent and the country’s environment is safeguarded as much as possible.  Admittedly, the present system is not perfect but as a number of eNGOs have confirmed, our environment has been afforded substantial protection against illegal development, over development and abuse. One should remember that we are living on a small Island where land is a limited resources which thus deserve to be protected. Therefore removing the environment from the heart of the planning and development process and adding it as some sort of attachment, is worrying. Very worrying.

The government justifies relegating the environment to the second division by creating a new authority responsible for the environment and resources. One cannot be against the creation of an entity to focus on the environment and its protection however contrary to the impression we were given, this entity, know as the Environment and Resource Authority (ERA) will be a toothless and powerless authority whose main functions is to create policies policies, conduct research, advises and monitors a number of areas.  But ultimately its involvement in the decision-making process in planning and development will be limited to that one a consultee, one of sixteen with no power to veto any development that endangers the environment. Its only leverage will be in the right to appeal any decision however this is certainly not enough. Taking a case before a tribunal should be an exception and not a rule.

As Opposition we are being constructive in our criticism even on this issue. We have suggested, for example, that rather being appointed directly by the Prime Minister, this tribunal should be set up under the Administrative Justice Act meaning that it will be chaired by a magistrate with two technical persons as members. Such avoid situations of having members appointed on the basis of their political affiliation rather then their technical capabilities. We are also in agreement with having a permanent representative of the eNGOs on the planning and development board and with the inclusion of a local council representative whenever environmental issues affecting a particular locality/localities are decided on.

As shadow minister responsible for the environment I do hope that Minister Brincat provides clear answers to a number of questions we have raised regarding the new authority dealing with the environment and resources. Will it deal with the issue of table water? Will it enforce regulations regarding the use of fuels in our country? Will it enforce regulations related to clean air? Will it be responsible for climate change mitigation measures? I expected the document   which has been just published to have the answers to my questions. But unfortunately it didn’t. One hopes that once the consultation process is over and a draft law is presented, we will be in a better position to know who will be doing what. 

I really hope that this will be a genuine consultation process and not a messe-en-scene to project a democratic exercise the outcome of which has already been decided.

Charlo Bonnici is Shadow Minister for Sustainable Development, the Environment and Climate Change.