The Environment and Resources Authority (ERA) has filed an appeal in order to ask the Court to revoke and cancel the decision given by the Environmental Review Tribunal and the Planning Authority on the 27th of June 2019. By means of this decision, a restaurant in Dwejra is granted an extension.

In its appeal, ERA claimed that the Tribunal failed to apply or misinterpreted the Strategic Plan for the Environment and Development (SPED), which protects biodiversity, cultural heritage, geology and geomorphology, by safeguarding protected areas.

ERA believes that the Tribunal also failed to recognize the problems arising from the intensification and expansion of development at Dwejra. The site is considered a Special Protection Area (SPA) and Special Area of Conservation (SAC) and is part of the Natura 2000 network because of its ecological importance.

The application intends to increase the seating capacity of the restaurant space in question. ERA believes that this extension will result in more light and noise in the area that are detrimental to wildlife.

ERA also believes that in its decision, the Court focused on limiting light intensification, the fact that the canopy is limited in size and that it can be dismantled. In so doing, it disregarded the fact that the development will intensify the use of the area, contrary to the spirit of the decision taken previously, whereby the Authority made it clear that it wanted to reduce the intensification of this development because of the impact on such a sensitive site.

ERA believes that the development will lead to the intensification of light pollution, especially at night, in an area that is a designated Dark Sky Heritage Area. Although the Tribunal observed that the operation of the restaurant, including the use of artificial lighting, remains under scrutiny by the authorities concerned, ERA believes that it is best to avoid these circumstances in the first place.

The Tribunal had to consider that the proposed development is detrimental to biodiversity, especially on the population of Scopoli’s Shearwater and Yelkouan Shearwater, that are particularly sensitive to light and sound and are known to nest in the area.

ERA believes that the message communicated to Maltese society by the Tribunal is worrying. Whilst the regulator for the environment was cautious not intensify man’s influence on the site in question and to ensure the protection of the UNESCO protected site, Natura 2000 and Dark Sky Heritage Area, the message passed by the Tribunal is an opponent one.

The Environment and Resources Authority (ERA) unreservedly attacks the acts of vandalism that have damaged ERA’s premises in Marsa during the night between the 18th and 19th July 2019. The Police are investigating this act and examining evidence, including CCTV footage. It appears that this act of vandalism is related to the decision taken yesterday by the Planning Authority Board on the application PA 9890/17 Central Link Highway Development.

It must be clarified that as an external consultee with the PA, ERA has examined this case in detail over the past months, including by means of assessing the Environmental Impact Assessment (EIA). The Authority prepared detailed reports on such EIA, which included conclusions and recommendations.

Apart from recommending a number of permit conditions, ERA spearheaded discussions that lead to considerable change to the original plans, so that the impact on trees was reduced significantly and the impact on the amount of land taken was also considerably reduced.

ERA will consistently strive in order to protect our natural environment, by using the means and parameters stipulated by the law.

19 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.​

ERA Staff Lunch With a Difference
Funds collected for YMCA Dar Niki Cassar

Co-workers within the Environment and Resources Authority (ERA) organised a social event, aimed at assisting Dar Niki Cassar in purchasing a new solar panel system.

Dar Niki Cassar, run by YMCA, aims to provide shelter, support and holistic services to individuals or families who are experiencing homelessness, so that they may become self-sufficient, make healthy choices and move on to independent living.

As a regulator in the environment, ERA supports the use of solar energy, a tremendous resource for generating clean and sustainable electricity without toxic pollution or global warming emissions. An entity such as Dar Niki Cassar stands to benefit greatly from solar energy, it being cost-effective in the long term. Reducing costs related to the production of energy can, it turn, lead to more investment that benefits the residents at Dar Niki Cassar more directly.

Flimkien Fund-ERA, the Authority’s welfare fund, together with Unite!, the arm that organises corporate events, collaborated in collecting a small amount of money from all workers willing to participate. A small portion of each contribution went towards the purchasing of baked pasta for lunch, whereas the rest was donated to Dar Niki Cassar. A total of €318 were collected, and handed over to the Dar Niki Cassar residence.

ERA staff had already participated in the yearly CSR event at YMCA. Over 35 employees participated during the two-day event, completing a wide array of tasks, including painting walls and ceilings, cleaning and cooking for the residents.

By helping the residential entity edge closer towards achieving its goals, ERA aims to encourage similar residencies to invest in clean energy. The Maltese islands lend themselves brilliantly towards the use of solar energy, having long hours of sunshine almost every day. Additionally, ERA takes the opportunity to encourage more private and state entities to contribute towards greener practices and social causes.

The public may donate and support the YMCA Solar Energy Project by calling 2767 4278 or visiting the YMCA website

Dr Daniel Micallef and Dr Stanley Zammit are this year’s Buonamico Award winners. The Buonamico Award is a yearly award-giving ceremony under the patronage of H.E. President of Malta to honour individuals who have made significant contribution to our knowledge and/or management of local biodiversity and environmental resources. Giovanni Francesco Buonamico was a 17th century Maltese naturalist, whose varied intellectual interests resulted in the writing of at least four important manuscripts on natural history. These included the first flora of the Maltese Islands, the so-called “Brevis Notitia” manuscripts.

July this year marks the 33rd year from when Dr Daniel Micallef was appointed Minister for Education and the Environment. It was due to his strong conviction and persistence that the Environment became part of a Ministry for the first time in Malta’s history. Shortly after becoming a Minister, he set up the Institute for the Design of Environmental Action (IDEA). Through this institute, he sowed a seed in the Maltese awareness that the environment needed to be approached seriously and urgently. Dr Micallef constantly spoke of the need for the environment to be tackled in a holistic manner, rather than a subject to be addressed independently from the rest.

Most people in Malta surely remember Xummiemu, the amicable hedgehog advocating good practices in relation to the environment. The friendly character was the brainchild of Dr Stanley Zammit, a medical doctor who served both locally and abroad. Whilst serving as Parliamentary Secretary for the Environment, he was responsible for the first Legal Notices published under the Environment Protection Act framework, concerning, amongst others, the protection of flora and fauna and the abatement of pollution.

Dr Zammit was also behind the creation of the first ever Environment Protection Department and was instrumental in the establishment of an Administrative Law Enforcement Section within the Maltese Police Force, in order to assist in the enforcement of environment related regulations. Dr Zammit was also very conscious of the need to raise environmental awareness; to this end, he placed a great emphasis on public information and educational initiatives.

Both the President of Malta, His Excellency Dr George Vella, and ERA’s Chairman, Professor Victor Axiak, congratulated the winners and their families, whilst thanking them for their priceless efforts towards the environment and for bravely spearheading initiatives that starting to bring about societal change within Malta and amongst the Maltese.

4 July 2019

The Environment and Resources Authority (ERA) would like to clarify that apart from the designated zone at ‘Tal-Ful’ no camping activity can be carried out on Comino, unless authorised by the Authority. Such requests are evaluated by the Authority and are subject to various conditions.

Camping at ‘Tal-Ful’ area can be carried out as of this summer after AmbjentMALTA completed restructuring works including removal of illegally dumped material, installation of fencing, planting of various trees and levelling off the ground.

ERA’s statements in January are related to enforcement action taken in the vicinity of Santa Marija Bay and refer to unregulated activity that was being held indiscriminately. Such unregulated activity was leading to the degradation of the important habitats in the area.

Permits were issued under specific conditions, whereby the permit holder must ensure that there is no disturbance of any specimen or any protected species and that all precautions are taken to avoid environmental harm. The permit holder must respect the protection status of the area and make no physical modification of the site or the surroundings. The permit holder is responsible for the collection and disposal of any litter, refuse or waste originated and generated during the camping activity. The site must be cleaned and restored to its original condition by the permit holder, without causing any harm to the protected area and the surrounding environment.

Further conditions refer to the amount of lighting and noise generated, conditions for holding barbeques, together with the prohibition of generators, liquid fuel and other combustible material.
The conditions imposed must be adhered to throughout all the activities.

 

From the start of this year until the 26th June 2019, The Environment and Resources Authority (ERA) caught 117 people red-handed taking out domestic waste on the wrong days, or taking out their waste well before collection time. The largest amount of perpetrators were in Qawra and Buġibba (55), followed by Marsaskala (26).

 

Around 14 ERA officials do rounds around Malta and Gozo at least twice a week and issue administrative fines of €150 when people are caught red-handed. These rounds happen both during the day and at night, till the early hours of the morning. The Local Enforcement System Agency (LESA) are also responsible for enforcement on this matter and ERA’s role as regulator is different from the role of waste collection.

 

As of October last year, ERA officials started monitoring cities and towns spread across the north and the south of the island, including Gozo. During the first three months of conducting these exercises, ERA took on an educative role, explaining to people rather than issuing fines straight away. Officials explained to people caught red-handed on the importance of taking out the correct waste bin, on the right dates and timing as stipulated by the law.

ERA also intervenes when people dispose of their waste on the floor next to Bring-In Sites, rather than depositing their items in the correct bin. Fines are also administered to those who take out their waste more than four hours before waste is collected and those who take out their waste the night before. This applies to all types of waste, including restaurant waste and waste generated from shops, unless there are arrangements whereby the owners of these establishments have their own private collectors, collecting waste at reasonable timings. ERA has also come across cases whereby individuals are caught stealing organic waste bags, which is an illegal act.

As of January this year, ERA started issuing administrative fines. During January 2019, 13 fines were issued, followed by 32 in February 2019. It is imperative to understand that in order for fines to be administered, ERA must actually witness individuals in the act. Therefore these numbers only reflect the number of people who happened to be conducting wrongdoings at a specific time and place. Those being fined are both Maltese and foreigners, and all perpetrators may take matters to court rather than pay the administrative fines.

Director Mario Schembri, in charge of the Compliance and Enforcement Directorate within ERA, appealed to the public to adhere to the rules stipulated by law when it comes to separating and taking out their waste bags, as indicated by their respective Local Councils. He reminded the public that administrative fines cost €150 and if matters are taken to court, the expenses are likely to increase. Nevertheless, he added that the primary motivation for adhering to waste separation rules should be intrinsic,  related to the duties and obligations of every citizen to ensure better environmental practices endorsed by this generation and future ones.

The Environment and Resources Authority (ERA) held successful public consultation sessions about its Single Use Plastics (SUP) strategy, which is currently available for public consultation.

The three sessions, held on separate occasions, addressed over 200 members of the public, the General Retailers and Traders Union (GRTU) and the Chamber of Commerce. Experts from ERA listened to the various points raised during the sessions, in order to comprehend the industry’s suggestions and concerns on the strategy.

The strategy proposes 23 measures, which will lead to a reduction in the consumption of SUP products, therefore less pollution caused by plastic and its products. It will also lead to better waste collection related to these products.

Those involved in the processes of production, importation and distribution of single use plastic products were invited to attend and responded positively. In fact, representatives from various sectors and industries attended ERA’s consultation session and voiced their opinions on the single use plastics strategy. The feedback received will be further evaluated for consideration when drawing up the final strategy document.

The public consultation sessions reflect the stance that the strategy will not simply progress towards becoming legislation. Rather, there must be discussions held with various stakeholders, together with educational campaigns. Legislation must follow a cultural shift, both within the industry and within Maltese communities, and will happen once both industry stakeholders and the public understand the benefits of moving away from using plastics for one time only.

Those wishing to submit feedback on the strategy may do so until the 21st of June 2019, by visiting this link. Queries may be sent by email to [email protected] or made by phoning 2292 3500.

The eighth day of June marks World Oceans Day, a United Nations initiative. This year’s theme is ‘together we can protect and restore our ocean’.

In line with this theme, ERA organized a boat trip that took members of the public to the north of Malta and around Gozo. ERA experts on board delivered a number of short talks and conversed with the attendees. The subjects discussed are highlighted below.

Local marine biodiversity, including the endemic Mediterranean seagrasses and other marine habitats and species

The Neptune Sea-Grass, Posidonia oceanica, is the most widespread seagrass in the Mediterranean, forming seagrass meadows which are important for controlling coastal erosion, climate change, and as a breeding, resting and feeding ground for multiple species.

It is mostly found in the shallow waters, up to 45-50m of depth and may well be one of the oldest living organism on Earth in terms of age.

Other marine habitats and species occur in Malta, with recent findings confirming Maltese waters as very important for biodiversity. In view of this, Malta has considerably increased the protected marine areas in 2016 and 2018, with 4,138 km2 of protected marine areas, reaching over 35% of the Maltese waters being declared as Marine Protected Areas (MPAs) for Malta.

These areas are protected owing to the presence of important seabed habitats, specifically reefs, caves, seagrass meadows, marine turtles, dolphins and other marine habitats and species, in both coastal and deep waters.

The global United Nations’ Biodiversity Target stipulates that 10% of a country’s waters need to be Marine Protected Areas by 2020. Malta has already exceed the targeted percentage.

ERA’s role as a regulator on marine protected areas, with particular focus on current works and objectives for these areas

Some of the Environment and Resources Authority’s roles include gathering scientific information on the marine environment, which leads to designation of protected species and areas. It also includes the monitoring of these species, developing strategic policies, together with legislation on the marine environment.

ERA then coordinates with various other entities responsible for marine matters in developing tangible measures for the protection of our seas.

Currently ERA is in the process of developing the management planning process for the new Marine Protected Areas. In fact, the Authority conducted a public consultation involving various stakeholders. Various conservation objectives and measures are being finalised and implementation will start in 2020.

ERA is also in the process of assessing the status of our marine waters in terms of marine species, such as the noble pen shell, the Maltese top shell. Additionally, the Authority is assessing marine habitats and analysing water quality.

Measures tackling issues on marine waters and its biodiversity

The Marine Monitoring Programme and related implementation measures are ongoing. Work also include issues linked with assessments of habitats, species and associated issues.

Some measures relate to assessment of water quality, wherein Malta is rated second amongst the EU Member States in relation to bathing waters. This result was achieved as about 99% of all sites in Malta being classified as having excellent bathing water quality.

ERA is also addressing multiple measures affecting marine species and habitats, including an assessment of the conservation status of selected marine species, as well as monitoring of the impacts of selected matters, like marine litter and plastics on marine life; this is also coupled with multiple underwater clean-ups and the funding and support that the Authority provides to non-governmental organisations to ensure handling and rehabilitation of injured or stranded animals. These include, amongst others, turtles, whales and dolphins, as well as terrestrial species.

Other work resulted in major findings, with the deepest records for red coral in the Mediterranean region, up to depths over 1,000m. Moreover, exceptional sponge reefs were also found off Gozo, which have hitherto also been protected.

ERA’s Deputy Director on the Environment and Resources, Darrin Stevens, held that the aim of the Authority’s boat trip on World Oceans Day was to highlight the various measures in place that serve to safeguard areas where protected species reside. He thanked the public for expressing interest and encouraged exercises of continuous dialogue, collaboration and engagement in activities aimed at bettering the environment and our quality of life.

For more information, kindly contact [email protected]