Category: Press Releases

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

During the first half of July, ERA officials caught 35 people taking out their waste on wrong dates or timings, going against the law and instructions laid out by their respective local councils.

So far this year, the highest number of perpetrators were encountered in February, when 32 people were caught red-handed by ERA’s officials. During the first half of this month, 35 offenders were spotted, constituting a new record.

ERA’s Compliance and Enforcement Directorate has issued a number of fines during the past couple of weeks. In cases where waste is not handled according to the indicated schedules, €150 fines are issued.

Around 14 ERA officials do the rounds across the islands during the day, late in the evening and during the night. Administrative fines are issued when people are caught in the act of taking out waste in erroneous ways.

During the first half of this month, 21 people were spotted breaking the law in Gozo; 13 in Marsalforn and eight in Xlendi. In the preceding months this year, only five people were caught red-handed in Gozo, three of whom were encountered in June. Those caught breaking the law in Gozo this year were both residents and restaurant owners.

During the first half of July, nine people were also caught in Qawra and Buġibba, another four in Luqa and one in Marsaskala.

The Local Enforcement System Agency (LESA) is also responsible for enforcing in this regard. It is worth pointing out that ERA’s role as regulator is separate from the role of waste collection.

The Authority would like to take this opportunity to encourage the public to respect dates and timings related to waste handling. It is every citizen’s duty respect the rules laid down by the law in this regard.​

The Environment and Resources Authority (ERA) has issued permits for works to be carried out on trees in Vjal Santa Lucija, Paola and Triq Buqana in Rabat.

Whereas trees that are not protected will be moved in order to make way for better infrastructure in the mentioned areas, 875 new trees will be replanted and €343,000 will be contributed towards ERA’s Environment Fund for the planting of more trees as a compensation to the uprooted trees.

NP 0271/19 Vjal Santa Lucija​

This permit was issued to cover interventions on trees located at a segment of the road. The permit was issued on the 2nd July 2019 and covers the uprooting of nine nettle trees (Celtis australis), eight Italian cypress (Cupressus sempervirens), two almond trees (Prunus dulcis) and the uprooting and transplanting of five Judas trees (Cercis siliquatrum), three carob trees (Ceratonia siliqua), and one ficus tree (also known as Indian laurel, Ficus microphylla).

In addition, the permit included a ‘no-objection’ to the uprooting of other trees that are not protected under S.L. 549.123 (Trees and Woodlands Protection Regulations).

The permit requires that 150 trees are planted as compensation in accordance to the compensatory planting plan, together with a contribution of €60,000 to the Environment Fund of ERA as compensation for the planting of more trees. These compensatory trees are to be planted within the first planting season, following issue of the pemit. Evidence of compensatory planting must be submitted to ERA within one month of planting. Such trees shall be maintained by the permit holder for a period of three years from planting.

The Guidelines on Works Involving Trees provide that applications that involve more than 100 trees may contribute their compensatory planting of trees in monetary form, physical form or a combination thereof. In this instance, the applicant chose a combination of physical and monetary contribution.

In addition, the permit is subject to a bank guarantee of €42,000 for compliance with conditions.

NP 0408/18 Triq Buqana, Rabat​

This permit was issued to cover interventions on trees, issued on the 7th January 2019. The permit covers the transplanting of five Mediterranean dwarf fan palms (Chamaerops humilis), the heavy pruning and transplanting of one ficus tree (Ficus microcarpa), six bay laurels (Lauris nobilis), one white mulberry tree (Morus alba), eight myrtles (Myrtus communis), 16 olive trees (Olea europaea) and nine African tamarisks (Tamarix africana).

Additionally, the permit covers the uprooting of 39 Italian cypress (Cupressus sempervirens), 11 Aleppo pines (Pinus halepensis) and 29 sandarac gum trees (Tetraclinis articulata).

The permit included a ‘no-objection’ to the uprooting of other trees that are not protected under S.L. 549.123. The permitted transplanting is to occur within sites as per approved documents of the permit and maintained by the Permit Holder for a period of three years.

725 trees are to be planted as compensation in accordance to the approved compensatory planting plan. Permit is also subject to the contribution of €283,000 to the Environment Fund of ERA as compensation in line with the Guidelines on Works Involving Trees for the planting of more trees.

In addition, the permit is subject to a bank guarantee of €204,750 to ascertain compliance with conditions.​