MEPA leaves no stone unturned

August 19, 2014

times

Mepa leaves no stone unturned

Alfred E. Baldacchino

 The illegally extended road on Comino. Photo: Matthew Mirabelli

The illegally extended road on Comino. Photo: Matthew Mirabelli

Times of Malta lately reported the construction of a dirt and concrete road on Comino, an island with barely half a dozen residents and an EU Natura 2000 site.

The Malta Environment and Planning Authority, which is the Competent Authority for the EU environment acquis, thus also for Natura 2000 sites, was quick to show its surprise and lack of awareness of the matter.

It immediately issued an enforcement notice on the Commissioner of Land, on the grounds that Comino is government land. Pontius Pilate would have envied this. Incidentally, the Commissioner of Land falls within the portfolio of the Prime Minster.

Natura 2000 sites are sites listed according to important habitat types in the EU Habitats Directive. On accession, each member state has to declare such sites, and once approved by the EU Commission as Special Areas of Conservation, these form part of the EU Natura 2000 Network, all of European ecological importance.

Member states are obliged to draw up a management plan for each Natura 2000 site. Following agreement with the EU, Malta’s management plans were finalised by December 2013. What happened to these management plans: have these been shelved sine die?

According to the government’s electoral manifesto, the Environment Directorate had to be separated from the Planning Directorate. “The main aim of the separation will be to strengthen the respective autonomy of the two important parts”, “the environment will be given the priority it deserves” and “the environment and resources will be conserved, protected…” the new authority established “will assume the important role of a regulator which to date our country does not have”.

Furthermore, “a new government will be more seriously committed in the environmental field. We will work with determination so that we will recover the lost time, conscious that there are a number of difficult decisions to be taken, amongst them the Mepa reform. We will take these measures in the interest of the environment of our country so that we will be in a positon to address the challenge”. (Malta Tagħna Lkoll – Manifest Elettorali 2013 – section 9, pages 92 – 96)

Not only has the pitiful state of the environment under the previous administration not been addressed but today, I regret to say, it is worse than it was before. After 18 months, the environment is still in limbo, still hijacked by Mepa.

2014.08.17 - mepa reform

A cartoon which appeared in the Sunday Times of Malta – 17 August, 2014

The political responsiblility today rests with a Parliamentary Secretary within the Office of the Prime Minister. This can lead one to rightly conclude that the aim behind the separation of the directorates is more a measure of convenience than of conviction. The status quo has definitely not strengthened the environment. It is contributing to its destruction.

The fact that the environment does not fall within the portfolio of the Minister for the Environment, but is still in Mepa’s grip, also shows the lack of good governance of this social, national and international responsibility. The damage and rampage going on in the environment, endorsed by the Competent Authority paid to ensure that this does not happen, is unbelievable.

The feeling of those who honestly have the national interest of society and the environment at heart is that the environment is not a priority on the govenment’s agenda, despite the fine words in the electoral manifesto. In fact,the environment is not on the agenda at all.

Mepa is on the front line, as a Competent Authority, leaving no stone unturned to accomodate widespread and massive development and to sanction illegalities, with a hugely negative impact on society and the environment.

I fear there is much more to come. Such laissez-faire in environmetal protection leads one to ask if Mepa is finding it difficult to honour its obligations. It seems as if it wants to imply that one should ask any related questions and forward any complaints on the environment to the European Commission, because Mepa is not interested, not willing and perhaps not competent to deliver.

 The Parliamentary Secretary in the Office of the Prime Minister, responsible for this Competent Authority, is miles away from a basic awareness of professional environmental management and planning, judging by his comments and stands taken.

And with such an official political lack of vision of environmental matters, despite the electoral manifesto, one can understand the sorry state to which the environment is degenerating.

 

“Not only has the pitiful state of the environment under the previous administration not been addressed, but today, I regret to say, it is worse than it was before”

Aware of Mepa’s workings, I can almost see another Montekristo on Comino, with Mepa eventually boasting that it has issued scores of enforcement notices to stop the rape – and doing nothing about it.

One such note has already been issued. Mepa is morally bound (if this means anything to Mepa) to explain and advise politicians about the negative consequences that the generations of today and the future will be facing by the decisions being taken. And if the electoral manifesto is anything to go by, Mepa has ample directions, unless it has succumbed to a rubber stamp role.

“We believe that Malta should be in the forefront on environmental standards. Not because there is the obligation of European directions, but because our children deserves this.” Eloquent words in the manifesto, which every citizen of this country should applaud and look forward to achieve.

But with the Competent Authority finding it difficult to address a mere illegal dirt road in a Natura 2000 site, I very much doubt whether such an electoral promise can ever be achieved.

Mepa is morally bound (if this means anything to Mepa) to explain and advise politicians about the negative consequences that the generations of today and the future will be facing by the decisions being taken.

Mepa is morally bound (if this means anything to Mepa) to explain and advise politicians about the negative consequences that the generations of today and the future will be facing by the decisions being taken.

Imagine the stand Mepa will take with regard to the White Rocks development, extending into a Natura 2000 site, which will definitely be negatively impacted. The more so since the project cannot be regarded as a development related to the management of the site.

I believe that if the Prime Minister – who is responsible for Mepa, the Competent Authority for environmental matters – really wants to achieve the electoral promises made in the Labour Party’s manifesto, he has to seriously commit himself before it becomes almost impossible to achieve them.

“Our aim is clear: we want to be the best because this is what we deserve. We want to leave behind us a heritage to future generations so that these will be better than we are today.”

Too much time has already been wasted and much damage has been done.

With Mepa at the helm of environmental protection and management, there is no possibility at all for the government to achieve and honour its electoral promises.

aebaldacchino@gmail.com

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Taking the big ‘E’ out of MEPA

February 4, 2013

Alfred E. Baldacchino

One of the issues presently being discussed by political parties in the run up to the general election is the environment. The discussion centers round whether the environment should still form part of MEPA or be given more importance and autonomy than it has now (if it really has any).

The Nationalist Party, which in 2002 masterminded the merger (some still refer to it as a ‘hijack’) of the Environment with the Planning Authority, had also promised that the environment would be one of its main three pillars. In its latest electoral manifesto it is now promising a new Nature Agency to be responsible for the protection of biodiversity and the managing and conservation of protected areas, parks and natural reserves.

The Labour Party is promising that it will separate again the Environment Directorate from the Planning Directorate and include it with the Malta Resource Authority.

Alternative Democratic too is not happy with the present MEPA setup and is also suggesting that the Environment Directorate and the Planning Directorate should both be accountable to the Malta Resource Authority, with the Environment Directorate having a more leading role than the other one.

All three parties basically are in agreement that as far as the environment is concerned MEPA has not delivered following the merger of  Environment and Planning.

Having, in the past, worked both with the former Environment Department since its inception, under the responsibility of five different Ministers and one Parliamentary Secretary (indeed those were the days), and later when Environment was ‘merged’ with the Malta Environment and Planning Authority, I am more than convinced that such a ‘merger’ is more like a square peg in a round hole.

Given the Government’s ‘environmental pillar’ promise  and the justifications given for such a merger, one would have expected that the environment would be second to none and it would be an example on how to manage and administer the environment. But Environmental issues are today fragmented: biodiversity, water resources, climate change, air pollution, etc. Each political incumbent guards his little patch without any coordination, irrespective of national economical, social or ecological repercussions. On a  positive side a number of nicely coloured reports and guidelines have been published. On paper everything is nice and rosy. BUT some of these are simply being ignored by government itself. Tangible actions taken include: the endangering of Natura 2000 sites, such as Buskett, Dwejra, and Mistra; and Nadur Cemetery, to mention just a few. Refusal by the Environment arm of MEPA was recommended for such developments but all boasted or still boast a MEPA permit! Trees forming ecological niches have been, and still are,  uprooted to create “gardens”! The scarce resource of water, instead of being harvested as legally and conscientiously obliged, is being channeled to the sea,  while important  legal regulations for harvesting water have recently been revoked. There is not one single qualified environmentalist with voting powers on the MEPA 15-­member Board. The cherry on the cake was the disbanding of the National Commission for Sustainable Development. This is the vision and the attention the environment is being given today.

Most of what had been established and built over the years by the previous  Environment Department was literally dismantled when the environment became a directorate within MEPA.  I did point all this to the Prime Minister at one of the public discussions at Castile, but I was bluntly told that the merger of the Environment and Planning was a Cabinet decision.

Those environment entities and individuals who have or are involved in the communication, conservation and public awareness of the environment cannot be blamed for being disillusioned, angry, exploited, and emarginated, while being called names for their constructive  criticism and comments in the national interest. I cannot help feel that MEPA, despite national and interntional obligations,  is more a Maltese Exploiter of Public Assets: that is  the important national resources, whether biological (fauna and flora) or physical (land, water, air). It is high time that MEPA is professionally pruned down to size, though not as brutally as government prunes urban trees;  some of the middle management embraces some of the best qualified personnel on the island.  One of the necessary measures for the environment to flourish in the national interest is to graft the environment within the Malta Resource Authority.

Following the last election, MEPA has undergone the promised reform. In 2008  I did question whether such reform will  result in just a change in colour of the sheep’s clothing! No, it did not change the colour of the sheep’s clothing, but it did change the sheep into a lamb, and tethered it in the lion’s den.

Sadly, today the environment is like a ship without a rudder, and without a captain, exposed to brutal elements and high seas, wandering where the wind blows…  and the wind is always blowing from the direction of the development- orientated Planning Directorate. Undoubtedly there is no place for the  in MEPA. It has made a mess of it.

All such thoughts were expressed in one of my articles in the Times dated 22 April 2008, which is attached below.

times

Tuesday, 22nd April 2008

Mepa: The missing link
Alfred E. Baldacchino

Without any doubt, Malta needs an authority, better still authorities, responsible for environment and planning so that the interests of the Maltese community are safeguarded from exploitation and Malta’s international responsibilities are honoured.

A professional authority will also help Malta to mature and to find its rightful place with other nations in the international sphere. However, such an entity has to have a vision, a direction and an understanding of its obligations. It has to have a will to achieve these aims. From the ever-increasing public criticism and the irregularities that are continuously being uncovered, it seems that Mepa is not exactly in line with such a vision, such understanding and such accountability to the Maltese community. It lacks such fervour.

Ironically enough, such a blot on Mepa’s image started with the “merger” of the minuscule Department of the Environment and the mammoth Planning Authority in 2002. Such a “merger”, which carried with it heavy international environmental responsibilities, mainly as a member state of the European Union, was an onus which the top brass at the Planning Authority were never au courant with. They were not equipped with the technical and scientific background to handle it. And I am afraid to say that the majority of Mepa boards still aren’t. Nonetheless, Mepa is the competent authority for the EU
environmental acquis.

The cracks became chasms as time passed by, especially when the new Environment Protection Directorate was left without a director for about four years, leaving the headless directorate to wander in a rather hostile environment. Words, which still reverberate in my ears (for example: Forget the environment, it is development which dictates the environment here; we do not need scientists, we need geographers; why worry if an endemic lizard becomes extinct, it is just a lizard), uttered in the corridors of Mepa do not do any credit to a supposedly competent authority on the environment. To this day I still cherish with increasing satisfaction the names that were bestowed on the Environment Protection Directorate: “environmentalists”, “fundamentalists” and “officials who lose precious time playing with marine turtles, dolphins and wild flowers”. These are all responsibilities and obligations arising out of Malta’s accession to the European Union, and other international legal treaties, for which this blessed Mepa is the competent authority, and the non-adherence to which amounts to EU and other
international infringements.

This “us and them” complex within Mepa is resulting in a rift that contributes to discontent and loss of motivation in the dedicated staff who do not feel that they belong to such an important but divided organisation. Some have left because of this syndrome. This has rendered the authority much weaker in the face of the ever-increasing and more specialised international obligations, not least those of the EU. Stephen Farrugia, a former director of planning at Mepa, wrote (The Times, April 10): “It is pertinent to point out that the previous Environment Protection Department and the Planning Authority
empires have always been to a greater or lesser extent in continual turf wars with each other. This situation, that still persists within Mepa, is to me one of the great demotivators in sustaining healthy working relationships between the two directorates”.

The “merging” of the Environment Protection Department with the Planning Authority was a mistake: the two are not compatible and those who argue in favour of such “merger” do so because it is easier to manipulate the scientific reports of those who are considered as an appendix. When the mentality of such a competent authority stoops so low in its environmental “lack of knowledge” (and the above are just a few simple examples) then it is no wonder that the Environmental Protection Directorate has been reduced to the Cinderella of Mepa, dictated by Planning Authority officials who have no scientific or environmental management and planning qualifications, with the exception of the odd one or two. If it weren’t for, or what is left of, the hard work of the dedicated professional and scientific staff previously forming the backbone of the Environment Protection Department, the list of eventual infractions of the EU environmental acquis would be much, much longer.

This unfortunate situation was recently validated in a concrete way (pardon the pun). The lack of awareness of Mepa’s obligations, both national and international, led to the approval by Mepa of development applications in Special Areas of Conservation for which Mepa itself is the competent authority on an international level. These permits infringe the EU Habitats Directive, which lays down clear obligations with regard to developments in Special Areas of Conservation, such as those in Dwejra, Gozo and Mistra Bay.
Mepa may have the best qualified middle management personnel in the country. But the lack of an equivalent qualified professional and scientific top brass sitting in the top echelons of Mepa boards and committees reinforces Bjorn Bonello’s (another ex-Mepa employee) comments on Mepa (The Times, March 27) and “displays blatant mockery of the planning system and the people’s intelligence” besides frustrating the technical and scientific staff. Furthermore, if Mepa still regards itself as the competent authority of the EU environmental acquis, its top echelons have to be closely familiar with Malta’s
international obligations and responsibilities, the more so when their decisions carry with them financial and political implications at EU level. Hijacking the Environment Protection Directorate makes the crisis more acute and can only benefit one or two individuals before the community is asked to dig deep into its pocket.

I feel morally obliged to write this, not only to distance myself from such obscenities, which are having an irreversible negative impact on the environment and on dedicated technical and scientific officials within Mepa, but also to give weight to the Prime Minister’s declaration on the need to reform Mepa, which declaration is also one of the Nationalist Party’s electoral
pledges. The Mepa reform has to take in consideration the engagement of scientific professionals among its top brass. The Environment Planning Directorate’s voice has got to be heard and be equally as strong as that of the Planning Directorate and not be stifled, silenced or ignored. It will then be possible for the professionals and scientists sitting on Mepa’s boards
and committees to be able to conscientiously evaluate and pass judgement, instead of branding the scientific input as “the work of fundamentalists”.
Everybody who has the good of the country at heart eagerly awaits such an urgent reform in the hope that, when all the comments have been taken on board, it will not result in just a change in colour of the sheep’s clothing.

Mr Baldacchino has been involved in the protection of biodiversity since 1970, both with local and foreign NGOs and also as a civil servant for more than 30 years, mainly occupying managerial positions within the Department of Environment. For the last five years before retirement he was assistant director at the Environment Protection Directorate, Mepa.

aebaldacchino@gmail.com

Comments

B Agius (9 hours,  39 minutes ago)
It is not enough to have professional people as top brass in any Government institution if they can also perform functions outside the public service as consultants and/or in their own private practice.To the extent this is allowed to happen in Malta it will always contribute to a Public Service open to corruption or at least conflict of interest. Any Government job should be paid
highly enough for the Government to expect, by law, that those on its books don’t do anything else! This should also apply to all elected politicians.

http://www.timesofmalta.com/articles/view/20080422/opinion/mepa-the-missing-link.205125