The planning authority was lax in monitoring the kiosks being replaced at the protected Għadira bay and only enforced strict measures after this newspaper exposed the first concrete platform last February.

An independent assessment carried out for Blue Flag International, commissioned by its local representatives Nature Trust, shows Mepa issued enforcement notices on two kiosks because work was not being carried out according to the approved permit.

The concrete platform this newspaper exposed last February in a Natura 2000 site.

The report was requested by the international organisation and a decision on its Blue Flag status – certification given to beaches that meet stringent environmental and water standards – is expected this week.

Its status could still be in the balance, according to Nature Trust, which felt it was premature for Planning Parliamentary Secretary Michael Falzon to declare last Friday the status would not be lost.

“Initially, no monitoring was being done to ensure these conditions were followed and only after the initial media backlash did Mepa impose strict conditions,” the report states.

Mepa issued enforcement notices on two kiosks last month for not observing permit conditions. This occurred despite assurances given the previous month that “work was being carried out according to approved plans”.

Only after the initial media backlash did Mepa impose strict conditions

The assessment refers to two independent site visits at the bay following The Sunday Times of Malta report, where it was evident that some of the kiosks were not following design specifications.

Importantly, it states that geotextile membranes were not being used and not all platforms were built of precast concrete slabs.

Mepa had previously contradicted this newspaper’s reports that concrete had been poured into the sand.

The assessment also states the replacement of kiosks at Għadira bay should have been subject to a full development permit not a DNO, which bypasses public consultation requirements. Some of the kiosks even had enforcement notices swept under the carpet once the DNO was issued.

Blue Flag status is awarded for the sustainable management of beaches and regular evaluations are held to ensure the award remains deserved. One of the criteria states “the location of facilities and use of the beach area and its vicinity must be subject to… environmental impact assessments”.

The international organisation’s final assessment on whether to retain the Blue Flag status for Għadira will, however, depend on the assessment of the competent environment authority.

In Malta’s case Mepa is both the planning and environmental authority. Mepa said it was satisfied by the permitting process followed.

It also said it felt an environmental impact assessment was not needed. Mepa’s green stamp on planning procedures may mean Għadira will not lose its Blue Flag status. If its status is maintained, it will come with conditions. If the issue was not a matter of concern the independent assessment would not have been requested, the organisation said.

Mepa breaks rules it is tasked with protecting

Mepa is still refusing to provide the method statement on which the redevelopment of seven kiosks at Għadira bay was based.

When The Sunday Times of Malta asked for it last February, Mepa had said it was “an internal document”.

This newspaper then submitted a request on March 11 under the Aarhus Convention, which gives the public the right to information on environmental issues. Mepa is the authority that is supposed to ensure the law is respected.

The Sunday Times of Malta wrote to Mepa environment director Vince Cassar, who is also Mepa chairman, reminding him of the authority’s obligations under the law.

National legislation transposing these obligations states: “The competent authority shall, if it has in hand the requested environmental information, as soon as possible or, at the latest, within 30 days from receipt of the request, provide such environmental information to the applicant.”

Mepa replied with a Freedom of Information Request form, which this newspaper rejected since the parameters of what can be made public and the timelines in which the information is provided are entirely different. Mepa then went silent.

Last week, a reminder was sent to Mr Cassar but still no information was forthcoming. Further action will be pursued.