A STRONGER ENVIRONMENT
The Government is on track to fulfill a major proposal
of its electoral manifesto through the demerger of MEPA into two separate and
independent authorities, one for the environment and another for planning.
HOW WILL THE ENVIRONMENT BE STRENGTHENED
This reform shall be strengthening the environmental
arm precisely through the setting-up of an Environment Authority that shall
have full autonomy and independence. This Authority shall have the power
and autonomy to develop the country’s environmental policy and shall ascertain
that this policy is eventually implemented so as to ensure the better
management and protection of the environment. Furthermore this Authority
shall be formally represented in the new Planning Authority’s Executive Council
that shall be responsible for the development of planning policies, thereby
assuring that the planning policy reflects the environmental exigencies whilst
ensuring that the right balance is achieved between conservation and
environment protection and responsible development.
Given that it shall now be completely autonomous, the
new Environment Authority shall be represented as well in the Planning Board
that decides development permits, together with a representative of eNGOs and,
in certain cases, a representative of the relative Local Councils.
The Environment Authority shall have more clear
responsibilities and wider functions, including mainly the development and
implementation of policies and strategies at national level. Another major
regulatory function is the regulatory one whereby it shall evaluate and authorize
activities that may have an environmental impact. As a result there will
be more clear and transparent process for the authorization of facilities and
activities, something that is presently totally absent. Every process
shall be subject to scrutiny by the public that shall have access to
environmental information in accordance with international conventions and EU
directives.
Precisely because it shall now be a completely
autonomous one, the new Environment Authority shall have the right to file an
appeal in front of an independent tribunal in the event that it does not agree
with a permit issued by the Planning Authority. To date, this was not
possible because the Environment Directorate is fully integrated as part of the
same Authority that issues development permits.
The environmental sector is dominated by a number of
international and EU obligations, obligations that, to date, have not been
given their due importance because other factors that have been given priority
by the Authority as presently constituted. Linked to this, the new Act as being
proposed is enhancing the responsibility of NGOs who shall now be directly
involved in the decision process related to environmental matters.
We are committed that the new Environment Authority
shall be a pro-active and strategic one that shall focus more specifically on
guarding, protecting and enhancing the environment and resources, whilst also
assuming the important role of environmental regulator something that presently
the country does not have. We believe that Malta should be at the
forefront of environmental standards. Not because of the obligations
emanating from EU directives, but because that is what our children
merit. This is what we believe, this is what we have promised and this is
what we shall deliver.
AN
ENHANCED PLANNING AUTHORITY
The Environment and Protection Act
(Act V of 1991) signalled an attempt to codify previous
fragmented environmental legislation under one umbrella. It specified the
duties of the Minster responsible for the environment and dealt inter alia
with legal provisions relating to toxic substances, noise, energy control,
environmental impact assessments and other supplementary provisions.
A year after, Parliament enacted the Development
Planning Act (Act I of 1992), modelled to a large extent on Sir
Desmond Heap’s Town and Country Planning Act, 1969. Act I of 1992
is considered to be the first major step which was deliberately channelled
towards consolidating fragmented pieces of outdated planning legislation.
Indeed, Act I of 1992 repealed the Building Development Areas Act
(1983), the Aesthetics (Buildings) Ordinance, the Building
Permits (Temporary Provisions) Act as well as parts of the Code of
Police Laws. Act I of 1992 also signified the shifting of the
Minister’s powers, which until then was responsible for the issuing of building
permits, to an "independent" Planning Authority.
In 2001, Parliament enacted Act VI
of 2002, where Act I of 1992 and Act V of 1991 were merged
into one single umbrella law. Act VI of 2002 resulted in the setting up
of the Malta Environment and Planning Authority, whose role was now to oversee
both planning and environmental matters.
The Environment and Planning
Act (Act X of 2010 - Chapter 504 of the Laws of Malta) was enacted through
Parliament in 2010, bringing about a number of key administrative changes
within MEPA, including the setting up of four independent
Directorates (focusing on Planning, Environment, Enforcement and Corporate
Services) answerable to a Chief Executive Officer, the introduction of
full time Environment and Planning Commissions and an Environment and Planning
Tribunal (which replaced the Planning Appeals Board) along with a number of
changes in the planning application process through LN 514 of 2010.
Following the March 2013 General Elections,
the newly elected PL government pledged to undertake a radical “MEPA
reform” – this time round aiming towards “demerging” the current
functions of the MEPA and reassigning once again the “planning” and
“environmental” roles to two distinct Authorities. In May 2013, the new
government published a document “For an efficient Planning System – A
Consultation Document”, unveiling the way forward. The year 2015 was set as
a target, during which the new laws were to be enacted.
Indeed, the “planning regime” shall
now be regulated by a new Act entitled “Development Planning Act”, while the
“environment regime” shall be subject to a separate Act entitled “Environment
Protection Act”. Moreover, the Building Regulations Act (Chapter 351
of the Laws of Malta) shall be repealed altogether and the functions of
both the Building Regulations Board and the Building Regulations Office are set
to be migrated into the said Development Planning Act. More so, the
provisions which fall under Part V of the Code of Police Laws (Chapter 9 of
the Laws of Malta) shall also be migrated to the Development Planning
Act. Essentially, this means that sanitary matters touching building
development shall no longer be determined by the General Services Board, but
shall instead fall directly within the jurisdiction of the new Planning
Authority. Moreover, the Development Planning Act contemplates
a clear distinction between policy and decision roles, whereby policy functions
shall be vested with the Executive Council (who shall also be responsible for
the processing of development applications and enforcement procedures) while
planning applications shall be determined independently by the Planning Board
and/or the Planning Commissions.
The legislative changes also
contemplate for the setting up of an Environmental and Planning Tribunal (which
is currently found under the Environment and Planning Act) under a
separate law – the Environment and Tribunal Act – which, in turn shall
have the power to decide upon appealed decisions emanating from both the Development
Planning Act and the Environment Protection Act. The idea of
having the Tribunal under a separate Act is to secure “administrative
independence”.
The Development Planning Act
therefore aims to simply and streamline current application
and policy procedures within a more transparent framework and increased third
party rights. At the same time, the current Environment Protection Directorate
shall have its consultative role distinctly elevated since the new Environment
Authority shall now be given decision and policy making status in the planning
policy and decision process through its distinct presence in the Executive
Council and the Planning Board.
THE LEGISLATIVE PROPOSALS
The following are the proposed legislative proposals
(draft bills):
·
Environment
Protection Act, 2015
·
Development Planning Act, 2015
·
Environment and Planning Review Tribunal Act,2015
Submissions received on the draft bills related to the Malta
Environment and Planning Authority reform:
PREVIOUS CONSULTATION DOCUMENTS
The following are the consultation documents published
in March 2014.