The Birzebbuga Environmental Action Group complained to the Environment Planning Appeals Board today after it was revealed that on May 26, the board decided to refer an appeal over a Mepa permit for the extension of the Freeport to the prime minister.

The procedure, known as the call-in procedure, means that the board will still consider the appeal, but the final decision would be taken by the Cabinet.

Carmel Cacopardo, speaking on behalf of the group at a meeting of the board this afternoon, said that the board could not adopt this procedure because the law laid down that such a referral could only be made within 15 days after an appeal was filed.

In this case, he said, the appeals board referred the case a full 10 months after the appeal.

The chairman of the appeals board, architect Chris Falzon, defended the decision, insisting that the board was obliged to notify the government despite the 15-day time window.

"I would not even dream of not referring this matter to the government," Mr Falzon said.

The board then decided to give Mepa and the Birzebbuga group the chance to make written submissions on this particular issue before taking a final decision on this point on October 13.

The call-in procedure provides that the appeals board would refer the case to the minister responsible for Mepa (the prime minister). The minister would then decide whether the final decision would be taken by Cabinet or the appeals board. In this case, the prime minister has already replied that the final decision will be taken by the Cabinet.