NGOs to appeal decision not to award them legal standing in Miżieb challenge

NGOs denied legal standing in Administrative Review Tribunal challenging Lands Authority woodlands deal to hunting lobby

Environmental NGOs and individuals contesting the Miżieb and Aħrax woodlands deal signed between the Lands Authority and FKNK, intend to appeal a ruling of the Tribunal for Administrative Review, after they were denied legal standing in the case being heard before the tribunal.

The Tribunal decided that the parties contesting the deal did not qualify as aggrieved persons under the law because they were not notified of the decision by the Lands Authority. The tribunal decided it was not the right forum to hear the case.

The NGOs said they are concerned that this preliminary decision would effectively mean that no third parties can contest a decision by the Lands Authority in front of the Tribunal for Administrative Review. They will appeal the decision.

"The NGOs wish to thank the public for their support so far. NGOs have had success in overcoming questions of legal standing in the past and remain hopeful that the woodlands will eventually be returned to the public for the enjoyment of all," Ramblers Association president Ingram Bondin said.

The six environmental organisations took court action to challenge a government deed that granted the guardianship of the l-Aħrax and Miżieb woodlands to the hunting lobby FKNK.

Two separate, but allied court actions representing the parties were filed before the Tribunal for Administrative Revision.

The NGOs are claiming the Authority acted in an arbitrary, untransparent, discriminatory and unreasonable manner and that it committed numerous procedural violations resulting in it acting outside its powers as established by law.

Ramblers Association president Ingram Bondin said the improper considerations used by the Lands Authority to award the concession will curtail the public’s enjoyment of the countryside for large parts of the year, all to accommodate a minority of FKNK’s members.

They also claim that EU law was also not followed when the public was not allowed to participate in the drafting of the resulting management plans due to the fact that the agreement was negotiated in secret.

The NGOs believe that the concession of these two areas for a the risible sum of €400 in order to entertain a pastime will also result in lost revenue which should have been accrued towards the Environment Fund.

The deed is also being challenged on the grounds that it requires the minister responsible for hunting – Gozo minister Clint Camilleri – to employ a number of ‘conservation officers’ from the public purse who will then be managed by FKNK. It is being claimed that since a minister is not a public officer at law, he has no legal power to directly employ people into the public service for this purpose.

The NGOs are also claiming that the terms of the agreement encroach on public domain areas in contravention to Public Domain law and the Protocol regarding Coastal Zone Management.