Disposal of construction waste: minister to move legal notice to curtail illegal dumping

The Requisition of Excavation Voids Regulations (2017) will enable government to requisition any excavation void • Operators who fail to abide by conditions may lose their operating permits

21 March 2017, 7:01pm
The government will be issuing a legal notice to address the lack of space for the disposal of construction and demolition waste.

Sustainable Development Minister José Herrera said that the

Requisition of Excavation Voids Regulations (2017) will enable the Government to requisition any excavation void or such parts thereof from any quarry operators and may give such directions deemed to him as necessary or expedient to start receiving CDW against compensation.

Any person who contravenes or fails to comply with any requisition order made by the Government will be liable to a fine and also the cancellation of any licence held by such person.

The compensation payable to the quarry operator shall be deemed fair and responsible however in default of an agreement between parties there will be a board composed by a Magistrate appointed by the Chief Justice as Chairman, a person appointed by the Minister and another appointed by the requisitionee.

An appeal from the decision of the Board shall lie to the Court of Appeal in its Inferior Jurisdiction.

Furthermore the Minister announced that the Environment and Resources Authority (ERA) will issue with immediate effect a notification letter to the quarry operators to update the necessary conditions in the permit to ensure that operators receive CDW from third parties.

The Minister warned that failure by the operators to abide by the condition of their permit may lead to the withdrawal of the operating permits.

ERA will investigate those claims made by operators that no space is available for CDW.

There are currently 30 operators with a licence issued by ERA to receive CDW and another five pending applications with the Planning Authority.

Some of the quarries are either government property or leased from government.

The matter has been discussed with several stakeholders, including the Malta Developers Association.

“There will be no room for negotiations with quarry operators and permit holders should abide with the conditions of their permit, otherwise the Government will have to intervene and act with immediate effect on behalf of the country and its people,” Herrera said.