In 2015, removing the ‘E’ from MEPA

2015 saw the approval of a new planning law which implements Labour’s manifesto commitment to create an Environmental Authority.

But will this measure give greater clout to the environment or will it set planning free from environmental constraints? The new law is set to give greater clout to the environment authority, which will no longer be subjugated to an authority where the environment directorate was often over ruled by the planning directorate and appointed decision making boards in the authority’s turbulent history. 

But the demerger risks undermining any influence environmental experts have on the planning process.

Moreover while presently the Environment Protection Directorate is directly consulted on every application from the start to the end of the process, it is not clear whether this will be the case in the new planning structures, especially in view of the fact that the way permits are issued still has to be determined by a legal notice.

The strength of the present Environmental Protection Directorate was that of nipping applications in the bud from the first day these were proposed. Unfortunately, for the past two years the Directorate was given up and left leaderless, with MEPA chairman Vince Cassar serving as acting director. Moreover the strength of the EPD was always derived from the legitimacy of its technical experts and not from political appointees who might end up representing the new authority in the planning boards.  

The divorce frees planning from the constrains of daily co-existence with environmental experts.

Removal of safeguards

The new law also reverses a number of safeguards introduced in the MEPA reform of 2011, such as the obligation imposed on applicants to seek the consent of owners of the site which they want to build and the prohibition on regularising development in scheduled areas irrespective of when the development took place and of any ODZ development carried out after 2008. The new law also eliminates the Heritage Advisory Committee consisting of two advisory panels on the cultural and natural heritage.

It also weakens transparency by allowing MEPA to accept submissions from anonymous proponents for policy changes – a measure which would give speculators the chance to influence policy without showing their hand.

All power to the minister

Parliamentary Secretary Michael Falzon will have the power to fire the Planning Authority’s executive chairman should he fail to achieve the objectives set by the government. 

The present law approved in 2010 states that the authority might dismiss the authority’s chief executive officer – a post currently occupied by Johann Buttigieg – if he does not achieve the “targets and objectives” set for him by the Malta Environment and Planning Authority. 

But the proposed planning laws place the authority’s executive chairperson, who has been granted wider powers than the existing CEO, at the complete mercy of the minister or parliamentary secretary responsible for planning.

It states that the executive chairman – a post that replaces that of CEO – can be dismissed for “not achieving the targets and objectives set for him by the minister”.  

Moreover, while the present law also states that the authority “with the approval of the minister appoints the chief executive officer” the new law simply states that the minister shall appoint an executive chairperson.  

The new law will give the new executive chairperson generic powers, including that of carrying out “such other functions and duties as the minister may assign to him from time to time”.

He will also chair the meetings of the Planning Authority’s new executive council, composed entirely of government appointees, and will be responsible for policymaking and the day-to-day running of the authority. 

Moreover the new bill strengthens the role of the CEO (now called Executive Chairman) in MEPA by introducing a separation between the board, which issues permits, and the council, which drafts policies and runs the authority on a day-to-day basis.  

At present, the MEPA board whose members are all appointed by the government, except for a member representing the Opposition, conducts policy-making. The board also includes a representative of NGOs chosen by the government, ensuring that the opposition and NGOs have a limited say in policy-making.