A government bill which proposes amendments to the Environment Protection Act is introducing increased public participation in decisions made by the Environment and Resource Authority Board, as well as empowering ERA to directly remediate irregularities causing imminent threat to the environment, without the stipulated 15-day waiting period.

The second reading of the bill which amends the Environment Protection Act, which regulates the ERA’s operations, environmental permitting and enforcement actions commenced in Parliament on Tuesday, where Environment Minister Miriam Dalli spoke about increasing transparency in environmental decisions.

Dalli said that the proposed amendments will allow for public participation in other ERA Board decisions, rather than opening to the public only when determining decisions on Environment Impact Assessments and Industrial Emissions Directive permits.

The amendments will allow for public participation in decisions on several other environmental permits, allowing transparency, she said.

She also said that the authority will be able to issue emergency orders whereby it will be able to take direct action against irregularities which are causing imminent threats to the environment, without waiting for the stipulated 15 day period before invoking direct action.

Dalli said that a new three-member Environment Commission will also be introduced, which is led by a member of the ERA Board. The Board will then be able to delegate some of its decisions to the Commission, facilitating quicker decisions on certain applications, such as petitions on administrative fines.

Government is also proposing the introduction of established procedures for the ERA Board as well as the new Commission, Dalli said.

 

She said that public participation in decision-making will be open to all interested parties, not only the applicant, can register and attend meetings of the Board, which will be public, and participants can appeal a decision if they disagree.

Dalli continued that the bill proposes that a Board secretary is officially appointed to the ERA Board.

The bill also proposes an additional member from the public sector on the authority’s board, so that the number of members rises to 11 members, seven of whom would be independent.

She emphasized on the importance of continuously strengthening enforcement against dangers to the environment.

Dalli said that the authority has strengthened its monitoring system, with security cameras being place in strategic areas, considered as ‘high risk’, monitored from a new control room installed in the ERA offices.

She spoke about the efforts the authority has made in recent years, including adding new services online where the public can report anonymously when they see a large amount of waste, especially in natural sites.

“Last year, thanks to these systems, the ERA received more than 3,000 reports for investigations on cases of irregular waste disposal, especially in natural sites,” Dalli said.

She also said that ERA has issued €99,000 in fines related to nature, industrial facilities, intervention on protected trees, fish farms, and works adjacent to Maltese coasts.

99 administrative fines were also issued, with regards to littering, breach of regulations on trees, intervention in protected sites without permission, and a breach of permit conditions or other environmental regulations, she said.

Dalli said that the processes of the authority are based on public consultations and discussions, which included inviting stakeholders to give their take on various laws and environmental policies.

Consultations included guidelines on afforestation, plans for action on invasive species, the monitoring of Marine Protected Areas, as well as public consultations which occur when there is an Environmental Impact Assessment.

Dalli said that government is also receiving recommendations from 1,862 students from 348 different schools who compiled various proposals.

“Additionally, 120 other contributions were made by individuals, organisations and different stakeholders, the highest number of submissions the ERA has received in a public consultation,” she said.

She also said that the 90% of the municipal waste that was ending up in landfills in Malta has dropped to 82.5%, highlighting the importance that until 2035, municipal waste which ends up in landfills must decrease to 10%.

During the debate, PN members raised many concerns regarding the current environmental situation in the country, including those of worsening air quality, deforestation and desertification of the country, noise pollution and increased construction in the country.

PN MP Janice Chetcuti said that PN MP Robert Cutajar had already proposed, in a motion in 2021, much of what is being proposed now. She said that he had proposed total access of ERA Board meetings to the public before, so that the authority listens to the public.

Chetcuti continued that the amendment does not emphasize the importance of NGOs in decision-making, adding that these are the people who are on the ground with regards to work in the environment sector.

PN MP Albert Buttigieg raised concerns over the proposed Environment Commission, and whether it will truly listen to the public’s advice in its decisions.

He said that frustration was highlighted in the last protest against planning and the destruction of the environment, ‘Xebbajtuna,’ and said that the public has already been vociferous about irregularities in the past, but were not listened to.

Buttigieg said that the ERA has become a servant of the Planning Authority, as in cases of conflicting decisions from either side, the PA usually takes the upper hand.

“ERA is like a dog without teeth,” he said.

Buttigieg said that entities, despite different, must be joined with one goal, to protect the environment.

Buttigieg also said that the local plans must be revised, with the urgent need of a national masterplan, rather than a piece-meal approach.