Dredging works at the Freeport in Birżebbuġa, scheduled for this summer, are not covered by a permit, according to a planning authority spokesman.

Under a clause in the planning permit, dredging cannot take place in summer. However, the Freeport is preparing to carry out the works and said it had the blessing of the health authorities, which imposed the condition.

A spokesman for the Malta Environment and Planning Authority said that, although dredging works had the approval of the Public Health Department, the Freeport had not yet filed a formal request to amend the clause barring work in summer. Until then, any dredging works in summer would be in breach of permit, the spokesman said.

However, obtaining the permit is probably only a matter of time because Mepa would base its decision on the advice of the health authorities, which have already given their go ahead.

Birżebbuġa residents last week expressed concern that works would be carried out close to the bays in summer. They insisted this was in breach of the permit Mepa issued to the Freeport and quoted the clause listed in the reserved matters section. The clause says that “works shall not be carried out in the official bathing season”.

Some weeks ago, the owners of boats berthed in the area received a notice from Transport Malta telling them to remove the vessels by June 10 for dredging works that essentially involved removing accumulated sediment from the seabed. As the sediment unsettled, it turned waters murky rendering the area unsafe for bathers. Residents accused the Freeport of acting in breach of its permit.

In a letter sent to Birżebbuġa mayor Joseph Farrugia, Mepa’s CEO, Ian Stafrace said enforcing the clause was the role of the health authority. The planning watchdog’s spokesman insisted that dredging would be illegal until the Freeport applied to change the clause and had an approval in hand. Mepa could therefore take enforcement action.

A health spokesman confirmed that the Department of Public Health had given its blessing for dredging in summer. He said that, considering that works at the Freeport were of a national importance, a compromise without endangering the health of bathers was sought last year. Dredging works, in fact, took place last summer and no enforcement action was taken.

“After consulting with the environmental advisers of the contractor it can be verified that last year a number of additional conditions were imposed to allow work to continue, subject that the bathing site is sufficiently monitored to ensure there is no negative impact on the bathing water quality. No complaints... were registered,” the spokesman said. He added that this year the same conditions applied.

“Despite the fact that it is the duty of the applicant to request a change of conditions from Mepa, it can be confirmed that, similarly as last year, the Environmental Health Directorate informed Mepa that the same conditions apply, though it should be emphasised that, as the licensing body, Mepa can withdraw any permit at any time,” he said.

Alternattiva Demokratika expressed solidarity with Birżebbuġa residents and said such cases showed that Mepa was strong with the weak and weak with the strong.

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