Updated | Manoel Island foreshore to open on Saturday, MIDI says

Protests launched by Kamp Emergenza Ambjent and Gzira mayor Conrad Borg Manché have led Manoel Island developer MIDI to allow public access to the island’s foreshore.

While maintaining that it was not contractually bound to do so, MIDI said it was agreeing to grant access “in view of the position taken by the government and public opinion”.

The developers announced that they would be making the necessary arrangements with the authorities to erect fencing, signposts and security equipment in order to reduce risk as much as possible.

Pedestrian access – until the development has been completed – will be allowed through the south-facing road leading from the current entrance gate to the foreshore below the steps under Fort Manoel.

From this point, the public will be able to walk around the foreshore of the entire island, always within a 5-metre distance from the seashore.

“Until the infrastructure and security measures are implemented controlled pedestrian access under surveillance will be given to the public during the weekends from 8am till 8pm,” MIDI said in a media release.

The climb-down was announced through a counter-protest filed by lawyer Prof. Ian Refalo this afternoon. Last week, the Commissioner for Lands accused the company of violating the conditions under which government had granted the emphyteutical concession.

In the original protest, which was signed by the Attorney General, the Commissioner for lands accused the company of breaching its obligations by “disturbing the public’s enjoyment of an area that is in the public domain.”

MIDI maintained that the contract of emphyteusis did not provide a right to access over its property – insisting that the relevant clause was only intended to ensure access to the site.

“This being said, the company, in light of the position taken by the government, as well as in the light of public opinion, while not renouncing its aforementioned rights, voluntarily concedes access to the foreshore as requested by the Gzira local council,” MIDI’s counter protest reads.

The company insisted that “the land in question is not subject to any right of trespass, neither to third parties, nor to the general public ... and the fact that the foreshore is not included in the emphyteutical concession does not give any right to trespass over the property conceded”.

In a statement, MIDI said: “Specifically, clause 15 of the deed can in no way be interpreted as giving a right of passage either to the claimant or, more so, the public.

“On the contrary, while clause 1.2, which grants rights of access to the foreshore, is not being contested, this clause does not give rights of access over Midi's property, but is only intended to give rights from two particular points.”

MIDI said that it was “well aware” of the state in which the property had been at the time of the concession, adding that the company’s intention had been to respect the contractual conditions during the course of development works.

Quoting the contract itself, the company drew the Commissioner’s attention to a clause binding the Commissioner for Lands to “guarantee the peaceful possession of the property...free and unencumbered except for the rights relating to providers of municipal services,” calling upon him to make good this guarantee and protect it from “every abusive incursion upon its property.”

Failure to do so, MIDI said it would hold the Commissioner responsible for all damages that may be caused.

MIDI is also planning to hold an open weekend within a few weeks, allowing public to view restoration works carried out at Manoel Island.

“Midi regrets the attempt made to make it appear to have acted abusively, and hence is contesting through the counter-protest,” MIDI CEO Luke Coppini said.

“However it would like to show its goodwill in acceding to the requests made to access the foreshore over its property. It hopes this will bring this sad saga to a satisfactory close.”

MIDI has engaged architectural firm Foster & Partners to draft a masterplan, which should be completed by the end of the year.

“The masterplan will include all the public access stipulated in the emphyteusis as well as a public park.”