The recent publication, by the Ministry of Rural Affairs and the Environment, of the Flora, Fauna and Natural Habitats Protection Regulations, 2003 represents a milestone for Malta in the protection of biodiversity.
This subsidiary environmental legislation is the first piece of local legislation that integrates aspects of environmental protection with those of land use planning, since the Malta Environment and Planning Authority (Mepa) was designated as the competent authority for implementing the provisions of the Environment Protection Act.
The regulations mainly transpose the provisions of the EU directive, concerning the conservation of habitats and of wild fauna and flora, better known as the Habitats Directive.
The Habitats Directive was adopted by the EU in 1992. This is an important piece of supranational wildlife legislation, the principal stimulus for which was the need to provide a Community-wide mechanism to meet obligations under the 1979 Bern Convention which provided protection to "wild flora and fauna which constitute a natural heritage of aesthetic, scientific, cultural, recreational, economic and intrinsic value that needs to be preserved and handed on to future generations..." and to complement the provisions of the 1979 Birds Directive.
The main objectives of the Habitats Directive are: "to contribute towards ensuring biodiversity through the conservation of natural habitats and of wild fauna and flora in the European territory of the member states" and "to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Community interest".
The new regulations specify a range of measures, including conservation of features in the landscape that are important for wildlife, the protection of species listed in the annexes from damage, destruction or over-exploitation, the surveillance of natural habitats and species, and ensuring that introductions of non-native species are not detrimental to naturally occurring habitats and species.
The most stringent obligations relate to the selection, designation and protection of a network of sites - special areas of conservation.
The annexes list over 160 habitat types and over 620 species which need to be protected. The listed habitat types and species are those meeting the directive's criteria and, thus, considered to be most in need of conservation at a European level.
Given the large natural variation in biodiversity across the European continent, this has been divided into six bio-geographical regions which obviously includes the Mediterranean region.
Malta has also successfully proposed to the European Union the inclusion of Maltese endemic species and a number have been accepted for inclusion in the annexes of the directive.
Among the Maltese endemic flora species which will be included in the new amended EU Habitat Directive, there are: the Maltese national plant widnet il-bahar (palaeocyanus crassifolius), Maltese rock-centaury; is-sempreviva ta' Ghawdex (helichrysum melitense), Maltese everlasting; and il-bjanka ta' l-irdum (Cremnophyton lanfrancoi) Maltese cliff-orache.
Concurrently with the publication of the new regulations, Mepa has issued a list of 38 sites which are being declared as special areas of conservation.
Seven of these sites are considered to be of national importance, whereas the rest have been provisionally declared as candidate sites of international importance.
Once the latter sites are proposed formally to the EU Commission, then it will subject the proposals to scientific scrutiny. Notwithstanding the provisional declaration of protection, the provisions of the regulations shall still apply.
The list of protected sites as published is not definitive but may be added to or amended over time as more scientific information becomes available.
In fact, the list may also include sites which are important for marine conservation purposes. The area currently included in the sites of international importance represents 12.62 per cent of the land area of the Maltese islands, which compares well to the current community average of 14.86 per cent with respect to candidate sites of community importance. The Commission adopted the first definitive list of such sites in December, 2001.
There is no a priori prohibition of new activities or developments within the sites being declared as special areas of conservation. This needs to be judged on a case-by-case basis and the appropriate assessment made.
The regulations in line with the EU directive also take into account the possibility of development, even where an assessment shows that significant damage to a site will occur, specifically in the case where there is an overriding public interest.
Community funding would be available to assist in the management of these sites through various measures: payments to farmers within the context of the Rural Development Plan for ecologically-friendly agricultural management of their land and the Life-Nature programme intended to promote management planning and pilot/demonstration projects of habitat and species management.
In fact, Mepa is currently formulating a project proposal for submission for such funding with respect to Buskett which is listed as a candidate site of international importance.
The regulations also provide mechanisms to formulate management plans for the protected areas and Mepa is being empowered to enter into management agreements with land owners for the purpose of undertaking conservation measures.
The new regulations and the areas declared as special areas of conservation may be accessed on Mepa's website at www.mepa.org.mt under environment/legislation/legal notices and environment/legislation/Government notices.
Dr Cassar is director general of Mepa