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James Debono
Malta has not yet transposed a directive on strategic environmental assessments (SEA) which obliges impact assessments to be carried on any plan or programme which will have an impact on land use, more than one year after the directive had to be enshrined in Maltese law.
Environmentalists are contending that Prime Minister Lawrence Gonzi’s declaration on the need for two golf courses in Malta and Gozo back in August 2004 have to be backed up by a SEA.
But the SEA Directive should have been apparently in force in all EU member states by July 2004. The Maltese government has still not issued a legal notice to enact the directive.
At present, only development applications are subject to environmental impact assessments, but the SEA Directive lays down a mandatory EIA on all plans affecting the environment. The directive ensures that all environmental consequences of certain plans and programmes are identified and assessed during their preparation and before their adoption. It also allows public and environmental authorities to give their opinion. All results are integrated and taken into account in the course of the planning procedure. After the adoption of the plan or programme the public is informed about the decision and the way in which it was made.
The environment ministry is contending the plan to develop ix-Xaghra l-Hamra and other areas into golf courses do not fall under the scope of the SEA Directive “since there is no plan or programme, as defined in the directive, relating to the development of golf courses.”
But according to environmentalist Alan Deidun, the government’s declaration amounts to “pure hogwash.”
“The SEA Directive requires an assessment of major land use plans. If the construction of a golf course that takes up approximately 0.5 per cent of a country’s total surface area does not fall under this directive, I do not know what does,” Deidun said.
Short of transposition, only a draft of the legal notice transposing SEA has been prepared by the Malta Environment and Planning Authority, a spokesperson for the environment ministry told MaltaToday.
“This draft has been discussed with plan makers and pending its publication, MEPA is alerting ministries and other agencies of government that intend to prepare plans and programmes that are likely to fall under the scope of the Directive of their obligations.”
MEPA is also subjecting the revision of the Structure Plan to a SEA, “although this does not strictly fall under the scope of the Directive,” the spokesperson said.
All plans and programmes subject to preparation or adoption by national, regional or local authorities fall within the directive’s scope, as well as those prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning and land use.
The directive does not prescribe who should carry out the SEA, but it is envisaged that it will normally be the responsibility of the authority that produces the plan or programme. Modifications to local plans also fall within the scope of this directive.
Although the SEA Directive is still in limbo, the MEPA website claims that a SEA was carried out on the North West Local Plan in January 2001.
The proposed golf course in Xaghra l-Hamra also falls within the boundaries of this plan and could require a revision of the plan, including a SEA.
The North West Local Plan sets out policies and proposals for land use and development in the north-west sector of Malta, indicates the main directions of the plan and identifies where development is to be located and where the countryside and coastline are to be protected.
The NWLP also says that management plans should be drawn up for the protection and enhancement of national and local landscape landmarks. Those of national significance should be identified and designated as protected landscape areas.
The NWTGT08 policy covering Ghajn Tuffieha and its immediate hinterland protects areas of high landscape value and areas of ecological importance from the adverse effect of development.
It is very likely that MEPA will have to review the NWLP to incorporate a golf course at ix-Xaghra il-Hamra since the plan itself states that key policy changes or amendments can be considered when the local plan is reviewed.
jdebono@newsworksltd.com
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