ERA secretly changed permit conditions for Fortina's Balluta Bay works, Moviment Graffitti says

Updated at 8:24pm with Captain Morgan statement

The Environment and Resources Authority has secretly changed the permit conditions of Fortina's catamaran pontoon in Balluta Bay, effectively allowing the company to carry out works during the swimming season, according to Moviment Graffitti. 

According to the NGO, Fortina started works on the project illegally last Saturday. However, instead of punishing the company, ERA rewarded Fortina's behaviour by allowing them to continue with works in the summer period. 

"The decision was taken by stealth," Moviment Graffitti said, explaining how ERA Chairperson Victor Axiaq had been informed to notify them on any request for a change in the permit conditions of the project.

The NGO said that this communication was "totally ignored".

According to the original permit conditions, no works involving marine machinery could take place between the third week of May to the third week of October. 

Moviment Graffitti said that this condition has been removed, with works able to commence during this period once clearance is obtained from the Environmental Health Directorate.

"ERA’s blessing of Fortina’s permit breaches adds insult to injury and is further evidence of how the environmental agency is beholden to big business interests that trample on our environment and quality of life," the NGO stated.

Earlier this year, Moviment Graffitti and Independent MP Arnold Cassola filed a constitutional case on the Balluta permit, saying that it will change the bay's nature to that of a commercial port.

Moviment Graffitti said that the case was challenging the authorities' refusal to suspend the permit while an appeal is still ongoing, resulting in an unfair procedural advantage for the applicants while denying the appellants their right to have an effective remedy.

The Planning Authority's decision to approve the Fortina Group's ferry landing in Balluta Bay was appealed in March 2020 by a coalition of residents, NGOs, and the St Julian's Local Council.

Fortina's Captain Morgan reacts

With reference to Moviment Graffitti's claims, Fortina's Captain Morgan insists that it has been operating in line with all its legal obligations and permits, and under the watch of an environmental monitor.

The company said that the contractor engaged by them resumed works this morning in order to complete the Balluta Bay pontoon. While one of the conditions of the permit states that no works can be carried out during the bathing season, the Malta Tourism Authority clarified that this season begins on June 15.

Works couldn't be carried out earlier in the month due to adverse weather conditions, the company said.

Captain Morgan wrote to the MTA requesting that permission for the contractor to carry out works on the landing space, and the MTA acceded to this.

The company said that it has informed ERA of the MTA's official reply, with its clarification on the bathing season, and will be stopping works until it receives further clarification.