Government sticks to its guns over development boundaries

The government is sticking to its guns on the extension of the development boundaries which is the subject of infringement proceedings by the European Commission.

Commenting on the Commission's decision, the Rural Affairs and Environment Ministry referred to the stand it had taken right at the very start, that is that according to the advice it had been given by legal professionals and the Strategic Environmental Assessment Directive (SEA) audit team, chaired by Chris Ciantar, the ministry's own policy director, the government's move was in line with EU legislation.

A ministry spokesman insisted that the rationalisation exercise formed part of the ongoing local plan revision initiated in 1991 and which involved a series of consultation exercises.

Therefore, it cannot be considered as a stand-alone exercise. No new requests were included other than those submitted during the consultation process of the local plans review, he added.

The College of Commissioners approved a proposal on Wednesday to seek clarifications from the government following a complaint filed by Alternattiva Demokratika and a number of individuals last year.

It was claimed that the government failed to comply with the requirements of the SEA Directive when amending the development plan.

As expected, AD commented positively about the news. "The Commission's decision," AD chairman Harry Vassallo said, "means that, contrary to the local courts, the Commission recognises that prima facie we do have a case," he said.

The Commission had already carried out preliminary investigations, he continued, and would not have taken this step if it did not think there was a case.

The "rationalisation process", as the government had dubbed it, became the centre of a controversy following opposition mounted by NGOs, AD and the Labour Party.

According to the SEA Directive, plans or projects that could have substantial environmental effects should be subject to an impact assessment.

This did not happen before the development zones extension exercise with the government insisting it was not necessary.

The proposal was approved last July. However, AD, along with others, filed a complaint with the European Commission and initiated proceedings in the Maltese courts. The court bid was unsuccessful.

Dr Vassallo said: "Malta is getting a very bad name in European circles, along with the proceedings over hunting. This shows that the government not only did not keep its promises on the environment but may be found to be in breach of the law.

"If the government is found to have breached the law, there will be lawsuits and counter suits from people who want property in the zones pulled down and those who, in turn, will sue the government for damages."