Labour MP and lobbyist claims he has no conflict on fireworks policy

A policy for new fireworks factory complexes proposes a new ad hoc government-appointed committee to vet applications before these are submitted before the MEPA board.

The Malta Environment and Planning Authority yesterday issued for public consultation a policy framework for new fireworks factory complexes and for the upgrading of existing facilities.

Under the new policy, new factories will be developed in outside development zones. It stipulates those areas in which fireworks factory complexes cannot be developed and areas which would be considered as "candidate sites" for environmental protection.

Limitations to the height of such structures will be imposed, with the planning authority pushing to have the complexes "blend in" with the surrounding landscape.

Addressing the press, policy chairman Michael Falzon said the policy was intended at filling the lacuna of a specific MEPA policy.

"The drafting of the policy was driven by the fact that no policies existed which regulated the construction of new fireworks factory complexes. But it was also driven by the urge to avoid having fireworks enthusiasts going underground," he said.

Falzon, who is also the legal consultant for the fireworks lobby, the Malta Pyrotechnic Association, said that a 2010 report commissioned and endorsed by the previous administration had highlighted the need for "more fireworks factory complexes".

He noted that, for example in Gozo, while there were 200 registered persons as having a practitioner's licence, yet only one complex was operative.

Falzon denied any conflict of interest in his role as chairman of the committee responsible of drafting the policy and his role as the lobby's legal consultant.

"I have been involved in the legislative process on fireworks for the past 20 years. In that case, I should have been accused of conflict of interest during these years as well," he said.

"The truth is that I gave my services to this committee voluntarily and I was not there on behalf of the pyrotechnics association, who had another member representing them."

The new policy stipulates the new complexes can only be built in outside development zones (ODZ) while extending existent ones would have to undergo a rigorous new process and adhere to the new guidelines.

New fireworks factory complexes cannot be located in Areas of Ecological or Scientific Importance (Levels 1 and 2), sites of Archaeological Importance (including a buffer zone and Class (A and B), Special Areas of Conservation or Special Protection Areas.     

While to date, there was no specific strategic policy guidance document on fireworks factory complexes, both the North West and the Gozo and Comino local plan, include references to fireworks complexes. Once this proposed policy gets approved, these local plan policies shall no longer be applicable.

The policy is also recommending that prior to the submission of a development planning application to MEPA, applicants need to have their project screened by an ad hoc ministerial appointed committee to ensure that the design and operational proposals ensure a high degree of safety.

"No planning proposal for a new fireworks factory will be processed by MEPA unless it has been placed under the scrutiny and certification of the said committee," the parliamentary secretary said.

The aim was to ensure that technical and risk mitigation considerations would have been already addressed to the satisfaction of this committee.

Farrugia said the policy was "far more stringent than what is provided for in the existing legislation".

"Amongst others, it excludes the siting of such complexes within the statutory distance, from hospitals, old peoples' homes, industrial areas, reverse osmosis plants and so on," Farrugia said.

For better operational and safety considerations, the policy avoids a one-size-fits-all approach by forcing each building to be designed according to the site in question.

Although not part of the policy document, three annexes have been included which may assist with the site selection, design and upgrading of fireworks factory complexes in view of their direct relevance to the subject matter.

These documents are the Civil Protection Department Regulations for Fireworks Factory Complexes, the Police General Conditions Regarding Fireworks Factory Complexes and Guidance on fire resistant planting.