The Malta Independent 1 August 2026, Saturday
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Legal Notice exempts health projects from planning procedures and impact assessments

Therese Bonnici Sunday, 23 August 2015, 10:00 Last update: about 12 years ago

Environmentalists have hit out at yet another of the government’s decisions related to construction.

A Legal Notice published on 14 August now exempts hospital-related developments from having to seek a planning permission or undergo an environment or social impact assessment report.

Potential developments in the vicinity of Mater Dei, St Luke’s or Gozo General Hospital would not need to seek permission through the normal procedures or a notification order.

But a number of NGOs which spoke to this newspaper said that all developments must undergo some form of assessment and authorities cannot simply write away Mepa’s role in such a way.

LN 262 of 2015 states that no notification is needed for the erection or alteration or extension of any building within the perimeter of the hospital, which may be required solely for purposes related directly to any healthcare service provided by the hospital, which development is carried out by an operator of the hospital.

No development shall be considered as a permitted development under this class unless the site on which the relative development is proposed is a site which has been declared by the Minister responsible for Health as a Hospital for the purposes of this class.

LN 263 exempts developments of hospitals from having to undergo an Environmental Impact assessment.

Politician has all the power, Mepa plays no role - Michael Briguglio

Chairperson for Front Ħarsien ODZ Michael Briguglio said that although he can understand that hospital developments should not be subject to bureaucracy, an impact assessment has its importance.

“Each development would have its positive and negative impact and therefore certain assessments should be carried out, be it about environmental, social or traffic impact. What the government should have done is remove the red tape, but not remove all sort of precautions. In this manner, the politician has all the power and Mepa plays no role,” he said.

No one should be above the law - Din L-Art Helwa

President for Din L-Art Ħelwa Maria Grazia Cassar said that the measure is an affront to all lawabiding citizens. “This is not a case of National Emergency, such as war or the outbreak of a plague, where the government would be justified in its actions.

“All development has its impact, all the more so on historical sites such as the scheduled St Luke’s buildings, and St Vincent de Paule hospital, which was designed by Florence Nightingale. Does this legal notice mean that high rise towers might also be built there?

“If confidence in the authorities is to be encouraged, the mandatory planning scrutiny of all projects, and public consultations should be held, as required by law. The Environmental Impact Assessment process is there to ensure that a project is studied and results in the best possible solution. No-one should be above the law,” she said.

Measure paves way for upcoming health projects - Carmel Cacopardo

Deputy Chairperson of Alternattiva Demokratika Carmel Cacopardo, criticising the government for choosing to publish the legal notices on the eve of a public holiday, said that the government is giving itself the authority to do what it wants. “It is turning the clock to the pre-1992 era, when government used to issue permits directly,” he commented.

He said that the Legal Notice is merely setting the way for the projects to do with St Luke’s and Gozo’s General Hospital.

Government ignores it’s own laws - Astrid Vella

Spokesperson for Flimkien għal-Ambjent Aħjar Astrid Vella, explained that some months ago the NGO spoke out against the AFM structure at Haywharf, an eyesore ruining the vista of the Floriana bastions. This was permitted because AFM structures are exempted from having to undergo an Environment Impact Assessment.

“Had this study been carried out, it would have identified the other existing sites that are suitable for this purpose and this damaging monstrosity would have been avoided,” Mrs Vella said.

“Instead of making sure that this situation does not repeat itself, the Ministers for Planning and Environment have opened the gates for more environmental abuse by issuing legislation exempting hospitals from Environment Impact Assessments. It is incredible that our authorities do not realise that such assessments are not unnecessary bureaucracy to be evaded, but are aimed at ensuring that the best possible project is developed, while avoiding costly mistakes.

“In rushing through this legislation during the Santa Maria lull, the authorities have also contravened the EU legal obligation to carry out public consultation.

“This ‘government that listens’ has once again shown that not only is it not interested in listening to its own people, it also ignores its own laws,” she said.

 

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