If anyone doubted the lawlessness and wanton carelessness with which the countryside is treated, the latest episodes of environmental destruction to emerge at Ħal-Farruġ — home to the headquarters and other (illegal) structures of construction magnates Charles (iċ-Ċaqnu) and Paul Polidano — bring the message home with chilling clarity.
Just over two months ago, in a coordinated operation under the planning authority, soldiers and policemen moved in on several illegal structures erected by the Polidano Brothers in Ħal-Farruġ. Their objective was to halt the sprawl of illegal developments covering an area of over 64,000 square metres.
The latest incident concerns major contamination of the scenic Ħal-Farruġ valley, following a prolonged leak of cement at a concrete factory belonging to Polidano Brothers. The leak of a mixture of water and construction sand was large enough to flood fields adjacent to the factory so extensively that some parts were turned solid. The same fields have been contaminated by a neighbouring farmer who has been dumping huge volumes of cow urine in the same area.
The farmer, George Borg (ir-Ruman), refused to acknowledge the pollution he had caused even when confronted with evidence of a pipe leading from his fields straight to a large open cesspit. The urine also flowed into the valley, raising justifiable concerns about contamination of the water table. Mepa acted promptly and initiated an investigation.
Polidano complied with orders to clean up the mess. While compliance is encouraging, the planning authority should not lower its guard.
Indeed, the swoop on the Polidano Bros’ site did not lead to any legal action against them. Following a “promise” to the Prime Minister by iċ-Ċaqnu, “the group is apparently cooperating with the authorities”. But, inexplicably, this cooperation appears to be tied to a hope, on the company’s part, to have some of the illegal developments ‘sanctioned’ (that is, retrospectively made legal).
Mepa should not consider sanctioning a single square metre of illegal development belonging to Polidano Brothers. The company has been given ample warnings over more than 20 years of controversy tied to illegal development.
As recommended by the then Mepa audit officer, Joe Falzon, in a 2006 inquiry report over the massive illegalities perpetrated by the same company in Xemxija, the developers should be made to restore all illegalities before any further development permits are even considered.
Despite several (unenforced) enforcement notices, Polidano Bros carried on with the illegalities for decades, disregarding Mepa’s right to enforce planning law.
It is crucial that the application of the rule of law plays a major part in the protection of Malta’s fast-diminishing environment. It is fundamental to respect the rule of law that all citizens are treated equally before the law.
The lack of political will by successive governments to enforce planning law has been abysmal. It was characterised by too great a willingness to turn a blind eye to powerful groups, such as Polidano Bros.
As a result, Mepa has huge credibility problems, as indicated by the latest Eurostat survey on corruption, which found that 53 per cent of the Maltese believe graft is particularly widespread among officials issuing building permits.
The only antidote to such a dismal public profile is to act firmly, particularly with the most problematic environmental abusers, which is why November’s action needs to be followed up with a convincing and consistent, no-nonsense attitude.