Updated | Government takes Manoel Island developers to court, activists sail to blocked coastline

Activists sail to Manoel Island demanding foreshore access (Activists sail to Manoel Island demanding foreshore access (Video by Ivan Consiglio)

The government has entered into the saga of protesting activists seeking unfettered access to the Manoel Island coastline, by filing a judicial protest calling on developers MIDI plc, to open access to parts of the island.

MIDI have a 99-year concession to develop the island, but the Tigné Point developers have already indicated they are looking for buyers to take over the concession.

The government action is a swift move in response to a protest that only recently took shape, with Gzira’s Labour mayor Conrad Borg Manche and activists from Kamp Emergenza Ambjent taking the lead to seek access to the coastline.

A number of environmental activists and fisherman today afternoon sailed to Manoel Island from Marsamxett in Valletta where they unveiled a banner demanding MIDI to grant the public immediate access to Manoel Island.

Andre Callus of Kamp Emergenza Ambjent said that both the law and the agreement between the government and MIDI, the developers of the area, states that the public ha a right to access the shore and that MIDI's actions were illegal. He added that today's event was symbolic and intended to show how absurd it is that such a beautiful area, which the people have every right to enjoy, must be accessed by sea.

"There is nothing to negotiate, we are not asking anyone for anything more we are simply taking that which is rightfully ours," Callus said

Gzira mayor Conrad Borg Manche said that there has been no communication between MIDI and the local council however there was some communication with the government. MIDI has apparently offered a small concession however it is unlikely that this will be accepted. Borg Manche also said that the government will be exploring legal avenues to resolve the issue.

KEA activists will be camping on Manoel Island tonight before tomorrow's protest which is scheduled to take place at 10:30am on Saturday outside the gates blocking access to the shore.

The government said MIDI has 16 days to take the necessary action on an enforcement notice issued by the Planning Authority to remove four gates blocking access to the coastline.

At the same time, police have blocked activists at Manoel Island from advancing more than five metres further from the coastline.

“We want MIDI to respect the laws of the country and the contract, and oblige it to provide access to the coastline,” the government said in the statement.

“This is a pro-business government but illegalities and abuse will not be tolerated.”

Midi replies

In a statement, Midi said it had no issue with the public having access to the foreshore – even though it pointed out that the public had “regularly landed on the foreshore to swim or fish” – saying that it was within its rights to prevent such access from within its private property.

“The grant in question is governed by the deed of emphyteusis, and no permit can automatically give legal rights to access over private land,” Midi said.

“There is direct land access to the five-metre foreshore shown marked in green, for reasons of geography. Indeed the accesses are blocked on one side by the Manoel Island Yacht Yard (marked in yellow), which does not belong to Midi, and on the other by the Lazzaretto (marked in brown), which is still unsafe and in any case part of it has no foreshore. Hence the issue which has now been raised is not whether Midi has denied public access to the foreshore but whether the public has the right to access the foreshore over private property belonging to Midi.”

Midi is in negotiations with the government to allow pedestrian access over its private area by members of the public during daytime, provided Midi is aware of who is entering and exiting.

It will also be erecting fences around the entire island once it receives Planning Authority permits to prevent trespassing over its private property to heritage sites, and other areas not yet safe for unrestricted private access.