Officers have been asked to investigate who was behind the illegal roadworks on Comino, which, though exposed by Times of Malta in August, have still not been rectified.

The planning authority has been informed that the Land Commissioner, on whose name the enforcement notice was issued, has asked the police to find out who was responsible.

The enforcement notice was served on the Land Commissioner because the illegalities occurred on government land.

This occurs when the individual responsible for illegalities on public land is not known.

The police were asked to investigate on August 6 but, so far, there have been no indications, at least publicly, that any individuals have been identified.

It’s up to the Land Commissioner to identify who was carrying out these illegal works on ‘his’ land

The breach involved the levelling of the road that leads to the Blue Lagoon with concrete and the dumping of construction material which spills on to the garigue on the protected island.

“It’s up to the Land Commissioner to identify who was carrying out these illegal works on ‘his land’. Mepa, on its end, would have tried to find out who the culprit was but this is not always possible, especially with such illegalities,” a planning authority spokesman said.

The Office of the Prime Minister had told Times of Malta that the planning authority would proceed with the removal of the concrete on the path leading to the Blue Lagoon.

Yet, Mepa confirmed yesterday this had not been done.

Construction material dumped on to the garigue.

The enforcement notice states that no permission was sought from Mepa, which is the managing authority for the Natura 2000 site.

“When Mepa does not know who the contravener is, the enforcement notice is issued on the Commissioner of Land.

“When Mepa knows who the contravener is, then the enforcement notice is used on both the contravener and the Commissioner of Land,” the planning authority spokesman said.

Comino is designated as a special area of conservation under the Habitats Directive and as a special protected area for birds under the Birds Directive. It was also designated as a nature reserve in Malta’s Structure Plan in 1991.

The island’s garigue, a habitat characterised by low-lying, aromatic and spiny woody shrubs resistant to drought and exposure, contributed to Comino’s status as a Natura 2000 site.

The little island’s habitat supports a number of endemic species.

As a Natura 2000 site, Comino forms part of a network of European nature reserves that merit special protection on a European level due to their ecological importance.

cmuscat@timesofmalta.com