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Clampdown on illegal roadworks

The ministerial directive was prompted by illegal works in Marsalforn which have now been stopped.

Communications Minister Austin Gatt yesterday ordered the Malta Transport Authority (ADT) to take immediate and strict action if any illegal roadworks are undertaken by local councils or any other entity.

The Ministerial Policy Directive was sparked by works being carried out by the Żebbuġ local council on the bridge in Marsalforn without an ADT permit.

In a letter to the ADT, copied to the permanent secretary at the Ministry and to the Police Commissioner, Dr Gatt referred to the Marsalforn works saying that "the public good is being sacrificed to suit private interests".

He said he believed it was more than evident that the sole purpose of the works was to enable a kiosk owner - a Żebbuġ local councillor - to have more space on the pavement where to place tables and chairs.

The works consist of the narrowing of the carriageway and the consequent widening of the pavement including the part that adjoins the kiosk.

"It is evident that these works will have great detrimental effect on the carriageway since with the narrowing of the road, the previous centre strip had been done away with; the road is barely wide enough for two cars to drive through; and it is impossible for a coach and a car to pass at the same time and this in a two-way road," Dr Gatt said in his letter.

He said the ADT had already taken action to stop works.

When contacted yesterday, the mayor of Żebbug, Charles Saliba, said he preferred not to comment on the matter. The kiosk is owned by Labour councillor Victor Refalo.

The ministerial directive lays down that whenever local councils or any other body undertake works on public roads or pavements without the necessary permits from all authorities as required at law, the ADT will alert the Police Commissioner and ask him to stop the works immediately. The authorities from whom a permit is needed might include the ADT itself, Mepa, the Water Services Corporation and Enemalta.

The ADT must issue a stop notice against whoever is carrying out the works and take the necessary steps to ensure that works are not resumed without official consent.

Any public safety hazard should be rectified at the expense of the local council or person concerned.

The ADT should only enter into negotiations with whoever carries out illegal works when the road/pavement is returned to its original state.

A month-long period may be allowed for reinstatement, after which the authority will carry out the works itself at the expense of the local council or person involved. Delays in the reinstatement of sites beyond the time limit will carry a daily penalty of €100 (Lm43).

Until the site is returned to its original condition and all expenses are paid for, or in the case that works are carried out by the authority, the ADT will not entertain any other applications by the local council or person concerned.

The authority is to seek legal advice as to what criminal and civil action can be brought against those undertaking illegal works.

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Comments

JOHN SCERRI (on 30/3/08)
It's high time immediate action is taken, WITHOUT any useless bureaucratic delays, against those who take the law into their own hands .
Dr. Austin Gatt - good start and keep it up -
Proposal from my side: Kindly give an order to all Mepa environment inspectors to go on every development site and investigate:
1) Whether each developer has put up the 'Approved Permit' by MEPA . I bet they will find most of them who still have the development 'Application' and not the 'Permit' put up in full view.
2) The development inspectors must report cases where sidewalks are destroyed by heavy machinery and left as is causing a dangerous hazard for pedestrians - take photos.
3) Local Councils should be equally responsible to know WHAT is going on in their surroundings by following up on development sites on a routine basis and report bad work practices which are harmful and cause inconvenience to residents. Allocating a local warden on site is absolutely not enough.
4) Find out what happened to the random walkabout system by local council members who should have cameras to record
anything of importance which needs prompt action.
5) It's time Local Councils submit a Development and Environment quarterly review to the ministry for public Projects and MEPA . The report should include:
New development applications.
Approved development permits
Work in progress reports.
Photos of sites under development and finished projects. All this will need a proper protocol so nothing will be left out of the report.
Joe Agius (on 29/3/08)
I was in Gozo yesterday and happened to see the work in question. I am sure that Mayor Saliba, when not commenting on the road works is confirming his knowledge about what has been done so far. His Council must have approved the works in such a sensitive area. He has already had arguments with restaurant owners on the right hand side of the Bay. On the other hand, he cannot shed responsibility on the matter, knowing his position in the Gozo Branch of the Authority he works with. Enough is enough, from which ever side of the political spectrum it is coming from. Mammona blinds everyone .
J. Tonna (on 28/3/08)
Prosit Austin. That is the way to treat arrogance. Some people, when backed with 200 votes think that they can defy a government bached by 140,000 + votes. The information given by Mr G. Bartolo shows that Minister Gatt is not going to bend when the wrongdoer is a PN member. Another prosit to Austin then. However, all in all, I am not 100% happy as I, as a taxpayer, am going to foot the bill for this arrogance. When is the Government starting to ask arrogant people to foot such bills from their own pockets? Had it been a human error, I would'not mind, but for sheer arrogance, NO.
Willfred Camilleri (on 28/3/08)
Regardless of the fact that the ADT Official/Director (Gozo) and the Zebbug (Gozo) mayor are but one and the same person, the work is illegal if all official permits have not been obtained and all agencies that should be notified are not aware of the project. It's about time that illegal works and construction of buildings and structures that have not been appropriately approved are stopped. Persons responsible for such illegal acts should be fined and made to pay.
Ray Pace (on 28/3/08)
What is wrong remains wrong. The minister acted as was expected and is to be commended. Should he be blamed now because the adt officer and the zebbug mayor is the same person according to Mr Bartolo? Surely not and i am sure he is not fooling anyone. I go further - why did it have to be the Minister to report this case and not MEPA enforcement officers? Prosit Austin.
edward cassar (on 28/3/08)
I wonder if the Minister is aware if that the same person erected another kiosk in the Qbajjar promenade car park taking valuable parking space.
Frank Schembri (on 28/3/08)
Thank you George Bartolo for illuminating us with this information.
George Bartolo (on 28/3/08)
Apparently Robert Zammit is not aware that the ADT Official/Director (Gozo) and the Zebbug (Gozo) mayor are but the same person. Is Minister Austin Gatt trying to fool intelligent Gozitans? He can fool with people like Robert Zammit and Adrian Cardona but not people who knows what is going on inside the Zebbug (Gozo) PN-led local Council.
Robert Zammit (on 28/3/08)
Excellent job Hon. Minister.

Reading this article I couldn't help wondering whether the same has happened in Ghadira; with the road right next to the beach narrowing significantly at a particular point right next to what is indeed a spectacular driveway belonging to a particular establishment.
Adrian Cardona (on 28/3/08)
Three cheers for Austin! Now let's hope that the road is restored to its previous state. The only pity is that the council (ie-the taxpayer) will have wasted its money...the mayor should pay for it out of his own pocket for acting illegally.

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