The Environment and Resources Authority’s plea for the suspension of PA/08279/18 (the development of a villa in Sqaq Anton Mallia in Żebbuġ, Gozo) has been upheld by the Environment and Planning Review Tribunal (EPRT). This means that the developer cannot proceed with works until a decision by the EPRT is taken and the decision on this development permit will need to be given within three months from today.

In its appeal, the Environment and Resources Authority (ERA) is reiterating that the proposed development will completely eradicate the cliff edge and formalize a site that is currently in a pristine site, while creating a private belvedere. The site in which the proposed development is located is sensitive and the development is not in line with the objectives of the Strategic Plan for Environment and Development (SPED). Three quarters of the site in question is in a zone outside development.

Before the Environment and Planning Review Tribunal, ERA is reiterating that without any explanation, the Planning Commission ignored what was brought before it by ERA’s Case Officer, as well as the advice of external consultants and objectors. Additionally, ERA is expressing its concern in view of the way in which permission was approved despite the fact that the applicant did not provide the information that was requested by ERA, the Design Advisory Committee of the Planning Authority and the Planning Directorate.​

Sterling Chemical Malta Ltd Variation and Renewal of the Integrated Pollution Prevention and Control (IPPC) permit (IP0001/19)

The Environment and Resources Authority (ERA) Board has today, 6th September 2019, taken a decision as indicated below on the IPPC permit for the following application

  • ​​Sterling Chemical Malta Ltd                                  APPROVED
    Variation and Renewal of IPPC permit

The installation is located in Ħal Far Industrial Estate in Birżebbuġa where the activities carried out by the operator are mainly the production of Active Pharmaceutical Ingredients (APIs). Such activities fall within scope of the Industrial Emissions Regulations (S.L. 549.77).

The application submitted by Sterling Chemical Malta Ltd covers the variation and renewal of the IPPC permit. The Application considered comprises of a new research and development (R&D)/pilot line for the development of other APIs, together with associated utilities and laboratories.

The current factory of Sterling Chemical (Factory HF51) was already permitted under IPPC Permit IP/0001/14 and through PA/04236/08. For the recent enlargement of the installation to sites adjacent to the permitted factory, a number of Development Notification Orders (DNOs) were issued by the Planning Authority. The necessary updates to the Environmental Impact Assessment carried out in 2014 were also undertaken so as to assess any impacts arising from the proposed extensions.

The IPPC permit variation and renewal covers a number of environmental obligations which the Permit Holder is to fulfil throughout the validity of the permit to ensure the required level of environmental protection and to ensure that all operations are in line with the Best Available Techniques established at a European level.

All documentation related to this application are available on the ERA website.

For further information contact [email protected]

Reference is made to alleged sea slime appearing along the Maltese coast.

The Environment and Resources Authority (ERA) would like to indicate that all fish farm operators are inspected at least three times a week by its officers, in order to ensure that permit conditions are observed.

All feeding procedures are being undertaken in order to reduce fat-laden thaw water from bait fish, from reaching the sea. Any fish remnants resulting during the feeding process is collected by cleaning vessel that patrol the perimeter of the fish farms.

Slime that was observed on Saturday in Marsascala was cleaned up by the Federation of Maltese Aquaculture Producers (FMAP). Other slime that was reported today turned out to be a bloom of blue green algae.

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All works involving trees as part of the Vjal Santa Luċija and Tarxien project will be taking place under ERA’s scrutiny. 1,011 trees will be planted (757) or transplanted (254) within the same area, which includes Paola, Santa Luċija, Għaxaq, Tarxien, Marsa, Żejtun, Marsascala, Luqa and Żabbar.  When the project is completed, there will be approximately 300 new trees in the same area than there is at present.

This will compensate for 293 trees that will be uprooted as part of the plan for a road project that will divert traffic between Tal-Barrani Road and Vjal Santa Luċija through underground tunnels.

Additionally, 1,257 trees will be planted in Magħtab/Għadira s-Safra and Majjistral Park.

The transplanted Olea europaeaFicus microcarpa and Morus alba specimens have to be maintained by the permit holder for a period of three years from planting. Evidence of transplanting must be submitted to ERA within one month of planting.

Should any of the transplanted trees die within this period specified above, the permit holder must replace the trees within the first planting season with trees of the same species.The permit holder must regularly inspect the transplanted tree to administer necessary care and monitor recovery.

Compensatory planting must be carried out within the first planting season following issue of the permit and evidence of compensatory planting must be submitted within one month of planting. The trees must be maintained by the permit holder for a period of three years from planting. In this case too, should any of the compensatory trees die within the period specified above, the permit holder is bound to replace the trees within the first planting season with trees of the same species and size.

More details regarding transplanting and pruning may be found here.

Yesterday evening, officials from the Compliance and Enforcement Directorate of ERA conducted a joint operation with the Malta Police Force and successfully seized over 700 protected dead birds.

Preliminary investigations indicate that the majority of these birds have been illegally smuggled into Malta recently. The seizure came following weeks of joint investigations together with the Malta Police Force. Yesterday’s haul represents the largest haul of smuggled protected dead birds revealed in the last six years.

As a regulator on the environment, ERA enforces on matters related to the CITES Convention, or rather the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The latter is an international agreement between governments, aiming to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

Raids were conducted at three residences and a farmhouse, all within the Safi and Kirkop localities. From the residences, Police assisted by ERA officials seized several stuffed birds. Likewise, from the farmhouse, about 660 dead birds found stored in freezers were seized after ERA officials expertly identified these. The haul consisted of several species of birds of prey such as Eagles; Falcons and Vultures, and other bird families such as Storks; Egrets; Spoonbills; Ibises and Flamingos which are also protected by international law, namely the Convention on International Trade in Endangered Species of Fauna and Flora (CITES).

It is believed that the majority of the birds, found already prepared to be stuffed for collection purposes, originated from Northern Africa region. The consignment’s value is estimated as being tens of thousands of Euros.

Three persons hailing from Kirkop, are assisting the Police in their investigations. The persons were all previously known to the authorities after they had already been investigated and successfully prosecuted for similar crimes in the past.​

The Environment and Resources Authority (ERA) is currently in a better position to safeguard new species of flora and fauna and to protect specific areas of the Maltese environment. This is a result of newly amended Regulations on the Protection of Flora, Fauna and Natural Habitats. The Ministry for the Environment, Sustainable Development and Climate Change has developed these new regulations alongside ERA.

Through this change, species of orchid, butterflies, coral, sharks and other species are being added to the list of protected plants and animals. These plants and animals were protected and added due to scientific research, an increase in knowledge about them and their conservation status. Among these species there is a new endemic orchid – Gozo Spider Orchid which is only found in Gozo. This orchid was recently discovered along with and a number of endangered butterflies, corals of international importance found in Maltese waters.

By means of this new law, when ERA is of the opinion that a species has an unfavourable conservation status or a conservation status which is worsening, ERA may issue a protection notice on the species and take the necessary steps to protect the species.

Moreover, the new regulations give ERA further means with which to remove and control invasive alien species.

This law also gives more protection to specific sites and allows for more flexibility in the designation of protected areas. Under the new regulations a site may be proposed for protection on the basis of ecological, geological and natural features it offers. Additional penalties for crimes committed within protected sites have also been introduced.

It is important to also note that, under these regulations, the collection and care of protected species requires prior authorization from the Authority. This includes certain types of butterflies and orchids.

Architect Michelle Piccinino, Director of Environment and Resources remarked that through these regulations, the regulatory role of the Authority is being strengthened.

Architect Piccinino also highlighted how this law is based on scientific research, and how through more research we can continue learning about our unique biodiversity, and which biodiversity is part of the Maltese culture and identity.

For more information on these new regulations, kindly contact ERA on [email protected].​

The Environment and Resources Authority (ERA) has filed an appeal against the approval of a permit for the development of a villa in Sqaq Anton Mallia in Żebbuġ, Gozo.

The proposed development will completely eradicate the cliff edge and formalize a site that is currently pristine, while creating a private belvedere. The site in which the proposed development is located is sensitive and the development is not in line with the objectives of the Strategic Plan for Environment and Development (SPED).

Before the Environment and Planning Review Tribunal, ERA opposed the fact that without any explanation, the Planning Commission ignored what was brought before it by ERA’s Case Officer, as well as the advice of external consultants and objectors. Additionally, permission was approved despite the fact that the applicant did not provide the information that was requested by ERA, the Design Advisory Committee of the Planning Authority and the Planning Directorate.

Three quarters of the site in question is in a zone outside development. ERA believes that the Commission was selective and only considered part of the development that is located within development zone. The proposed development should be assessed with all applicable policies, including those concerning ODZ. In the words of ERA, the Commission has “turned a blind eye to the holistic aspect of the proposal and clutched at straws in order to approve this development”.​

The Environment and Resources Authority (ERA) is implementing concrete measures that will control harmful emissions into the air from medium combustion plants.

Combustion plants burn fuel in order to generate energy. Medium combustion plants have a rated thermal input equal to, or greater than, 1MWth and less than 50MWth, irrespective of the type of fuel they use.

The amount of sulphur dioxide (SO2), nitrogen oxides (NOX) and dust generated from medium combustion plants must be line with the requirements stipulated in SL 549.122 –  The Limitation of Emissions of Certain Pollutants into the air from Medium Combustion Plants Regulations, 2018*.

These new regulations require operators of medium combustion plants to obtain a permit from ERA, for both new combustion plants and existing ones.  Any plant which was put into operation after December 2018 is considered a new plant. All new medium combustion plants must obtain a permit from ERA prior to commencing operations. Should these already be in operation, the operator is required to contact ERA to start the permitting process in order to be compliant with the legislation.  Existing plants with rated thermal input greater than 5MWth must obtain a permit by 1st January 2024 at the latest and those with a rated thermal input of less than, or equal to, 5MWth must obtain a permit by 1st January 2029 at the latest.

The permit will set certain emission limit values for the production of NOX, SO2 and dust, which must be monitored by the operator. These vary according to whether the plant is classified as existing or new, the rated thermal input of the plant and the type of fuel used.  Operators of plants will also be required to monitor carbon monoxide, to keep track of such emissions and to provide the necessary information to ERA in order to ensure compliance with the legislation.

In order to apply for a permit for a medium combustion plant, operators must pay the applicable fees to ERA. Applications for permits are processed by the Permitting Unit within the Environment Resources Directorate and then presented to the ERA Board for determination. The permits are granted for a definite time period, following which, the operator will be required to apply for a renewal of the permit which must be submitted to ERA within stipulated time frames.

ERA will ensure compliance with the medium combustion plants regulations in accordance with the law and may also carry out of inspections and monitor installations in this regard as deemed necessary.

Collaboration between ERA and all those concerned is imperative in order to obtain the ultimate desired result: reduced emissions to the air and reduced potential risks to human health and the environment.

Application forms can be downloaded from era.org.mt. For further guidance, interested parties may contact ERA.

Email: [email protected]

Telephone: 2292 3690

*SL 549.122 – The Limitation of Emissions of Certain Pollutants into the air from Medium Combustion Plants Regulations, 2018, transpose obligations arising from Directive 2015/2193/EU on the limitations of emissions of certain pollutants into the air from medium combustion plants. Regulations concerning these plants fall under the Environment Protection Act (Chapter 549 of the Laws of Malta).​

31 July 2019

The Environment and Resources Authority (ERA) has filed an appeal against a decision taken by the Planning Authority before the Environment and Planning Review Tribunal (EPRT) and requested that the approval for permit PA/06443/17 is revoked and cancellled in its entirety.  This permit regards development in Wied Għomor, which would lead to the development of a dilapidated building situated in an ecologically sensitive valley. The proposal includes a farmhouse, complete with a pool, in an Outside Development Zone which is also scheduled as a Zone of Ecological Importance and a site of Scientific Importance.

ERA believes that the approved permit does not conform to the Strategic Plan for the Environment and Development and goes against the Rural Policy and Design Guidance of 2014. When the approved development is compared with what is presently located at the site, it is very clear that the volume of the building in the area will be substantially intensified and this does not respect the context of the valley in which it is located, which serves as a buffer zone in a densely populated area and serves as a green lung.

ERA holds that the PA’s decision goes against the North Harbour Local Plan (NHLP), which highlights existing pressures on the environment and identifies the pressures that would be placed on the valley for development. The NHLP calls for a detailed strategy for long-term management of the valley and stipulates that any development or activity that jeopardises the protection of the valley should not be permitted. This development will create a precedent within the zone that currently serves as a buffer, within the narrowest part of the valley between two urban areas. It will introduce the area to urban development, within land that is presently in pristine condition.

In its appeal, ERA argued that the Planning Commission approved the permit in question without appropriately considering plans, policies, representations and recommendations put forward by ERA, external consultants and NGOs. It is further stated that the way the Commission exercises its discretion is worrying, when decisions are not motivated and contradict the case officer’s recommendations, who would have studied the application holistically. Furthermore, external consultants who are able to share their expertise in their respective areas and non-governmental organisations who are closely connected to the public’s concerns should be paid heed to.​

The Environment and Resources Authority (ERA) would like to express satisfaction at the fact that a proposal for a new fuel station along the Attard artery was refused by the Planning Authority’s Board.

PA 07807/16 is a development application for the construction of a fuel service station in ODZ land. The development includes Autogas filling facilities, a car wash facility, tyre service garage, electric vehicles charging points, an ATM facility, three retail units, an office, underground storage areas and an underground parking space.

ERA is pleased and welcomes the decision for refusal that the PA Board has opted for, in view of its clear stand that the loss of potentially good quality agricultural land and of protected trees should not happen in order to accommodate a fully-fledged commercial enterprise. ERA was adamant that the proposed development is objectionable in principle, as it would contribute to urban sprawl at the expense of farmland and mature indigenous trees.

25 July 2019