A court has turned down a man’s request to stop the Malta Tourism Authority from letting off fireworks from fields adjacent to his Marsaxlokk property during the Malta Fireworks Festival later this week.
The festival is organised by the authority.
Anthony Montebello had filed a similar request last year, saying the fireworks posed a risk and danger to his property. However, the fireworks were still let off as planned even though he had pointed out an alternative site to the organisers.
This year’s fireworks will be fired from the same site but Mr Montebello has been told that the surrounding roads will be closed as a safety measure. This, Mr Montebello said, increased the risk because he was going to be deprived of access
He insisted that the place where the fireworks will be fired from does not fall beyond the buffer zone required by law.
The MTA in its reply argued that it had all the permits to hold the fireworks festival. The letting off of fireworks in Marsaxlokk, together with the other sites, was covered by an insurance policy of up to €1 million.
Three fire engines will be on site together with civil protection personnel to ensure safety procedures are adhered to.
The authority denied that Mr Montebello lived in a residential area and said his property is at least 40 metres from where the fireworks will be let off. All the distances required by law for the firing of fireworks will be observed. The area is not residential and the public road will be closed.
Mr Justice Joseph Zammit Mckeon carried out an onsite visit and noted that the Mr Montebello’s land was around 30 tumoli. Two red flags marked where the fireworks were to be let off - more than 40 metres from where three rooms were located.
In his decision, Mr Justice Joseph Zammit Mckeon said he could not establish how powerful the blast effect would be, but he was almost certain that if the fireworks were typical of other festivals, it would be “substantial”.
The main issue was the potential risk of damage to Mr Montebello's property – even if it was where he kept animals.
Mr Justice Zammit McKeon noted that Mr Montebello could take remedial action if there was any damage and several preventive measures were in place.
Cancelling one of the dates of the international festival after all the preparations and costs involved was “manifestly disproportionate” when compared to Mr Montebello’s interests, the court ruled.