Last week the government published three Bills related to the split of the environment and planning functions of Mepa. Controversy erupted immediately because of the government’s rush to have Parliament debate the Bills before public consultation. Caroline Muscat presents an overview of the debate so far.
Mepa reform will establish an Environment Authority that will be autonomous and independent, according to Environment Minister Leo Brincat.
The new authority will establish environmental policy and oversee its implementation. It will also have a presence on the planning authority’s executive council and will therefore have a say in planning policy and ensure a balance is reached between environmental protection and sustainable development.
The Environment Authority also has a presence on the Planning Board that will decide development permits. If an application is approved that it finds objectionable, it has the right to appeal before the appeals tribunal.
“The new autonomous Environment Authority will have a voice of its own and will be able to make its opinion heard independently of the planning process,” Mr Brincat said.
Pressed on how the Environment Authority can be independent when its members are appointed by the minister, Mr Brincat said this was normal practice. “The critical point is not who appoints the members but their true competence and impartiality,” he insisted.
The Environment Authority will have clear responsibilities and functions, including the establishment of environment policies on a national level. The environmental sector faces a number of international and European obligations that have so far not been given the importance they deserve because Mepa had different priorities, the Environment Minister said.
The Environment Authority will be more proactive and strategic and focus more specifically on the protection and improvement of environment and resources while acting as environment regulator. “We believe Malta should be at the forefront of environmental standards,” the minister said.
The critical point is not who appoints the members but their true competence and impartiality- Leo Brincat, Environment Minister
The proposed Bill states the environment authority should generate its own revenue, as is also expected from the planning authority.
But while the planning authority can generate significant revenue from development applications, the same cannot be said for the environment arm.
This weakens its stand and influence in environmental management.
When asked how this would be addressed, the Environment Minister said EU funds would be sought.
Points of concern:
The Bill outlining the set up and functions of the long-promised Environment Authority has led to disappointment because its autonomy and independence are being questioned.
It will be appointed by the minister, which raises questions on how it can be truly independent and carry out its regulatory role independent of the government.
Environmental expert Alfred Baldacchino said the Environment Authority’s autonomy and independence will be “grossly impaired” under the proposed set up. He also said that political interference will reduce technical expertise referring particularly to the “dethroning” of the authority’s environment director from his scientific role and giving such power to a politically-appointed board.
The autonomy and independence of the Environment Authority is being grossly impaired- Alfred Baldacchino, environmental expert
“This means political decisions will be taken on scientific and technical matters,” Dr Baldacchino said.
The Opposition disagrees that the environment will be a greater consideration in planning decisions, saying power had shifted to give even more strength to the planning side in decision-making processes – the view is shared by representatives of environmental organisations. The Environment Authority’s influence on planning policy is limited since it has two members on the executive council out of seven.
The authority’s members were not considered permanent members and are only called in on an “if and when required basis”, the Opposition said.
“If the government really wanted to create a fair balance it would have legislated for an executive council that is composed of members whose interests in development and the protection of the environment are on an equal footing, in an equal manner and at an equal level,” said Shadow Environment Minister Marthese Portelli.
She insisted government was seeking to weaken the environmental voice in planning decisions. In addition, she said environmental organisations were not even guaranteed a representative on the new environment authority because the minister can opt to appoint members of civil society instead.
The government is seeking to weaken the environmental voice in planning decisions- Marthese Portelli, Shadow Environment Minister
“The government is proposing an environment authority that is composed entirely of political appointees… it is also unheard of that an Environment Authority has a chairman who is not necessarily a person with environmental credentials and experience,” Dr Portelli added.
Development Planning Act – What the government said:
The new planning authority’s vision will include sustainable development. The PA will ensure planning policies will involve all relevant sectors.
Decision making will be split: The Executive Council will decide on policy while the planning board will decide on development permits.
The fact that the council will include two members from the new Environment Authority is “innovative”, according to Planning Parliamentary Secretary Michael Falzon.
The government’s overall aim is to have the process for development permits “simplified”. Once a permit is issued, the PA will have the power to stop works in breach of a permit because the Building Regulations Office will be incorporated within the Authority.
Neighbours will also be granted new rights – they can file objections to even minor developments subject to a basic permit such as a Development Notification Order (DNO).
The new authority will be more transparent, with clear lines of responsibility. This is because the Executive Council and the Planning Board will act independently of each other. “The separation and balance of powers is a big step forward,” Dr Falzon said.
We need to be more balanced to be more effective- Michael Falzon, Planning Parliamentary Secretary
The environment will have a voice throughout the planning process because of the presence of the Environment Authority on both boards.
In the proposed law hammering out the set up and functions of the new Authority, the minister is granted more powers to enable a “more balanced and effective” handling of planning infringements.
The idea is to stop issuing enforcement notices and forgetting about them. “We need to face reality” and deal with infringements that have been unresolved for decades so we will be “regularising” breaches that are “accepted”.
Points of concern:
Concerns raised on the proposed Development Planning Act include less transparency and the blurring of lines between the government and the planning authority which is supposed to act as regulator.
Opposition planning spokesman Ryan Callus said there is decreased transparency throughout the planning law: “The Planning Board will be divested of important policy decisions, which will instead be delegated to the Executive Council, which is in turn composed in its entirety by government”.
Planning policy will be decided by the Executive Council, and at this level there is no representative of environmental organisations or the Opposition, Mr Callus said. The Bill states the Executive Council may grant the chairman substantial powers to unilaterally endorse documents and plans:
Talks have been making the rounds within Mepa that CEO Johann Buttigieg is to become the chairman- Ryan Callus, Opposition spokesman on planning
“Imagine such a position being granted to an individual with very close links to Labour, whose primary interest is to serve Labour, rather than the interests of the Authority. Rumour have been doing the rounds within Mepa that CEO Johann Buttigieg is to become the chairman,” Mr Callus said.
Decision-making positions at the authority are mostly filled by the government. This has led to calls from Alternattiva Demokratika for all appointments to undergo parliamentary scrutiny.
“It doesn’t matter if we have one board or 10. The main point is who is sitting on these boards. Having more will not make a difference if the members are puppets,” AD deputy chairman Carmel Cacopardo said.
Alfred Baldacchino, who formed part of the Environment Protection Directorate for seven years until 2008, also raised concerns over the powers given to the executive chairman. He also stressed the blurring of lines between the government and the regulator.
“The independence and autonomy of the Planning Authority in this Bill is almost non-existent. The feeling you get is that planning will be done at the minister’s office and the authority will comply,” Dr Baldacchino said.
Increasing decision-making Boards will not make a difference if the people appointed are puppets- Carmel Cacopardo, deputy chairman Alternattiva Demokratika
He disagrees with the government’s narrative that the Mepa split as proposed will strenghten environmental management and protection: “We are all in for a rough ride... the environment and society will get poorer, having to pay the price for the benefit of the few”.
Former Mepa environment director Petra Caruana Dingli raised similar concerns and more, saying the reduction in information available to the public on development applications is a major cause for concern. In addition, she said the processing of development applications would take place without the technical expertise of staff well versed in environmental matters.