Consistency

The lack of consistency by Mepa in the evaluation of applications has long been one of the major criticisms levelled at the authority. The government has taken note of this concern and retains that the achievement of consistency is central to a successful reform in Mepa. This reform is aiming for consistency at various levels:

• Consistent with government policy - at the highest level, Mepa needs to embrace a strategic direction that is consonant with government's wider vision for sustainable development. Government remains the policy-maker while regulators, to which Mepa is no exception, are the policy implementers.

• Internal consistency - Mepa needs to be internally consistent in its decision-making, especially with respect to development applications and in its interpretation of its own policies.

• External consistency - Mepa must take up an equal and consistent approach with its clients, be they government entities, architects or the public.

The next sections present proposals aimed at improving these three levels of consistency. However, it must be pointed out that consistency does not imply that mistakes, if any, are to be replicated.

Ensuring a holistic approach towards sustainable development

The government considers that the current set-up whereby planning and environment reside within the auspices of the same authority should be maintained. Such structure is conducive to positively contributing to achieving the principles of sustainable development. However, this can only be achieved if planning and environment are given equal standing - in terms of resources, authority and opportunity - within the organisation.

The current legal framework governing Mepa does not mirror this joint approach. In this context, the absence of a harmonised legal framework regulating both areas needs to be rectified.

Mepa is not governed by a single legal statute but its roles and responsibilities stem from the DPA and EPA. There can be better harmonisation between the two acts insofar as their obligations are undertaken by the same authority. Mepa has always been construed and seen as two distinct bodies; the absence of a specific, individual act setting up Mepa as one authority for both planning and environment does not contribute favourably to this.

The formulation of one legal instrument for both planning and the environment is aimed at providing the legal framework that consolidates the government's intention to maintain these two sectors within the responsibility of the same competent authority. The establishment of a single legislative act governing Mepa has the advantage of giving a clear focus to this authority and other entities to operate within. This legislative instrument needs to be drafted in a way that retains the flexibility inherent in the current legislative framework wherein planning and the environment are treated distinctly. It is envisaged that the act will be structured in a way that covers three main sections - governance, planning and environment - within the overarching goal of sustainable development.

The harmonisation of the EPA and DPA would contribute towards the streamlining of responsibilities and provide for a better governance framework whereby the allocation of responsibility would be clearer and respective accountabilities would be more transparent. Moreover, a single act allows better harmonisation and coordination in permitting and enforcement in cases which cross the border between planning and environment.

Policy direction

Consistency with the government policy requires a two-way relationship between the regulator (Mepa) and the policy maker (OPM). Ministries should have a policy function which acts independently of the regulator. The government should provide general direction to the authority in the light of national priorities and cross-ministerial initiatives, as well as its commitment to the electorate. Within this context, the formulation of policy cannot be solely top-down. Both the policy-maker and the regulator need to have adequate capacity to provide their respective input. However, it should be clear that the government should be the ultimate policy-maker.

Consequently, the centre of the government should be built up and strengthened in its policy-formulation capability, including the ability to identify areas for improvement, as well as current shortcomings that need to be remedied. This would avoid the current dependency on its regulatory and operational entities and ensure that appropriate moderation of stakeholder positions is achieved. The government intends to build such capacity by setting up a strategic policy shop within OPM. This structure will initially be established through the migration of resources from the Management Efficiency Unit such that the resulting structure will be responsibilised with a policy formulation role. Elements from the current Forward Planning Unit and from EPD may also serve in this development.

At present, the Forward Planning Unit, within the DPD, and the EPD are separately responsible for policy formulation in relation to planning and environment respectively. Both directorates need to subject their proposals to the Mepa board that are eventually endorsed by the minister responsible for development planning and the environment. While it is acknowledged that a regulator needs to be involved in policy-making, in view of its technical expertise, it is crucial to define clearly its role as that of providing an input to policy as opposed to that of being the policy drafter.

To date, there has clearly not yet been a strong policy arm at the heart of the government. The government is committed to strengthening its central policy arm to be able to develop and formulate policy, analyse the technical proposals put forward by stakeholders and to be able to weigh these with the opinions of other stakeholders which are deemed to form an integral part of effective policy making.

This does not mean that Mepa's policy function will be disbanded. On the contrary, Mepa's policy capability should be tailored to respond to the government's policy direction and to develop the technical studies upon which decision-making will be based. Mepa's role is envisaged to be as one of the multitude of stakeholders, albeit a major one, that contribute to the policy direction that will be established from within the centre of the government. To this end, part of the Forward Planning Unit will be recast as an Environment and Planning Policy Unit (EPPU) which will be tasked with providing its technical input, as required, to OPM and more specifically to ensure that the government policies are integrated within Mepa procedures and implemented effectively.

The policy function within Mepa needs to take up a two-fold role: to provide technical input to the ministry during policy formulation and to translate the government policy into concrete plans to be implemented by Mepa.