Flimkien għal Ambjent Aħjar said it welcomes the many positive measures proposed in the draft Malta Travel and Tourism Services Act, that was issued for public consultation.

FAA particularly appreciates the clauses that selection of new hotels will be subject to the extent to which the proposed development or operation "adds value, enhances the overall quality of the visitor experience, and complies with national objectives relating to climate change and sustainability, taking into account the prevailing levels of bed stock within the relevant locality or region". This strict vetting is essential, given that certain areas in Malta are already overwhelmed by tourist accommodation.

The draft proposes that only applications for new 3, 4, & 5 star hotels will be considered, applications of more than 200 guest rooms will not be considered and only guest rooms that enjoy a satisfactory external outlook shall be approved.

Moreover, applications proposing development exceeding the maximum permitted height established in the relevant Local Plan Height Limitation Maps or Development Briefs shall not be considered. Proposals shall demonstrate alignment with identified market niches and segments, which address issues of seasonality.

FAA also welcomed the introduction of a new category of 'Heritage hotels', and especially the provision that the MTA shall have the right to suspend or withdraw the licence, following breaches of regulations relating to noise, waste management, health, or other related criteria".

FAA said it is concerned by the fact that certain subjective loopholes remain, which may be used to approve unsuitable premises, such as: "additions to the accommodation capacity of existing guest houses shall not be favourably considered unless the proposed development demonstrably results in a final product of high-level added value, in terms of quality, design, and service offered."

These regulations give new benefits to kiosks: "catering establishment" means any building, premises or other establishment, including kiosks, purveying food and, or, beverages" Kiosks should not be considered a catering establishment as this will legalise the placing of tables and chairs in public spaces, leading to further public uptake of public land, depriving residents of open recreational areas.

FAA maintained that not enough is being done to limit the proliferation of short-let properties in residential areas as is being done abroad. It is also concerned that hotels are to be allowed 25-30% of their footprint in ODZ, indicating that a hotel footprint is 5,000 sqm can get a further 1,500sqm in ODZ.

The residents' right to be notified of or contest the provision of a licence is still non-existent and this goes against the Aarhus Convention, since the granting of a license can directly affect residents' environment. MTA is still without proper public oversight when licenses are given.

The FAA noted that there is a general lack of enforcement information, in terms of fines and under what conditions a revocation of license will be carried out. Will the authority have a reporting service 24x7, will the authority have the details of the people who are inside the short letting or hotel? If the owner does not answer, can the authority take action? If short-let tenants continue their abusive behaviour in spite of landlords' repeated warnings, will the authority be able to fine the occupants? Enforcement is vague "Where an establishment fails to meet the mandatory requirements, the Authority shall grant a reasonable timeframe for the rectification of such shortcomings" No timelines are set for enforcement to be carried out, which can lead to discrimination - with some given 1 week to rectify, while others might get years, which can badly affect residents.

FAA said 4- and 5-star hotels should have a mandatory service and drop-off bay plus a carpark with an electric charging station. How can we have a hotel with 100s of rooms with no car park? The lack of such basic services will reflect on a lack of quality and impact surrounding residents.

Facilities for the disabled should be mandatory, including special toilets and a small percentage of rooms fitted able to accommodate disabled persons - tourism in Malta should be accessible to all.

The provisions for waste collection need to be improved to ensure that establishments do not add to the existing garbage and urban cleansing problems.

While FAA maintained that the provisions of the Draft Malta Travel and Tourism Services Act are a major step in the right direction, it reiterates that such provisions need to be free of loopholes that provide for 'discretion' and subjective interpretation, allowing preferential treatment of certain operators. Malta needs to place planning ethics and residents' quality of life above all else.