Issue link: https://maltatoday.uberflip.com/i/1205478
2 maltatoday | WEDNESDAY • 29 JANUARY 2020 NEWS CONTINUED FROM PAGE 1 IM was also obliged to nominate an expe- rienced tree expert to monitor the trans- planting works, 10 days before the com- mencement of work. But it turns out that works had already started in the absence of supervision by a tree expert and ERA had to intervene to force IM to appoint a tree expert to moni- tor the works. "As soon as ERA was informed that in- terventions were being carried out, ERA promptly inspected the intervened areas, verbally stopped Infrastructure Malta and requested the entity to regularise its posi- tion," the ERA said. It was only at this stage that IM "were asked to nominate the arboricultural ex- pert, and IM subsequently nominated Pe- ter Calleja, who was approved by the Au- thority." ERA failed to provide MaltaToday with the date when the expert was appointed. It remains unclear whether ERA was even informed about the commencement of the works three weeks ago. MaltaToday asked ERA to state the date when IM informed it on when the works were to commence. According to the per- mit IM had to inform ERA seven weeks before the commencement of the works. The permit also states categorically that works could only start "once the final deci- sion of the appeal (in front of the Environ- ment and Review Tribunal) is communi- cated and the development permit for this project is final". But works were still commenced despite a pending court appeal against the deci- sion of the Environment and Planning Review Tribunal to confirm the permit is- sued in July. ERA insists that following the decision by the EPRT on 7 November 2019 in which the original was confirmed, the "permit was considered final and executable". On Sunday, MaltaToday revealed that a cluster of protected almond trees in At- tard had been uprooted instead of being transplanted as required by the permit. In reply the ERA confirmed "deviations" from the permit issued last year, which it discovered during its monitoring of the project. A spokesperson also confirmed that IM was now requesting a variation from the approved permit, to "address deviations". But it turns out that Infrastructure still has to submit a formal written application for these changes. When asked to provide MaltaToday with a copy of the applica- tion asking for deviation from the orig- inal permit, ERA replied that it has been "made aware" by IM that variations to the approved nature permit are being consid- ered. "However, as this is not a formal request, ERA has requested IM to send a duly filled in and signed application form requesting such variation." The Trees and Woodlands Regulations make it clear that deviations to nature permits affecting trees have to be filed in writing at least three weeks "prior to the carrying out of the activity". In this case the application is being presented after a number of trees have been uprooted rath- er than being transplanted. The ERA spokesperson added it is "con- stantly monitoring the interventions on site carried… and it is duly exercising its enforcement powers where non-obser- vance of the permit conditions are no- ticed." Expert only appointed after works had started An environmental NGO, Ghaqda Sigar Maltin, along with other NGOs and res- idents, has filed a judicial protest against the Environment and Resources Authority, holding the authority responsible for not adhering to environmental regulations on the Central Link Project. "The environmental NGOs and residents appealing the Central Link case have filed a judicial protest against ERA holding the au- thority responsible for not adhering to en- vironmental regulations and enforcing the terms of the very same permit issued by it," they said in a statement on Tuesday. MaltaToday revealed on Sunday how a number of protected almond trees were de- stroyed as a result of developments in the Central Link project. The nature permit issued by ERA had im- posed requirements upon the developers, one requirement being that works should not start until an appeal to the project is finalised. The appeal was filed by environ- mental NGOs and residents to oppose the project after the Environment and Plan- ning Review Tribunal confirmed the permit granted for road works between Rabat and Mriehel. The Planning Authority Board heard last July how the project would result in the per- manent loss of 48,466sq.m of good quality agricultural land and the uprooting of 549 trees, 272 of which are protected by law. Despite this, the project was green-lighted. Almond trees are protected by law and the maximum fine for uprooting such trees, according to regulation, amounts to €2,500 for every tree removed in breach of regula- tions. "Much is made of the compensatory tree-planting mechanism imposed by ERA when issuing its nature permit. This was touted as making up for the tree-axing ram- page permit issued to Infrastructure Mal- ta in the Central Link project. It was the spoonful of sugar meant to sweeten the tree destruction. Now we find out, that not even the trees marked for transplantation will be saved and 'deviations' from the permit are being negotiated behind closed doors," the NGOs said. They claimed that any fines that may be imposed on Infrastructure Malta will be paid for from taxpayers' funds, that "the public has to fund environmental breaches because of ineffectual enforcement." AREN, Arnold Cassola, Bicycle Advocacy Group, Friends of the Earth Malta, Għaqda Siġar Maltin, and Moviment Graffitti have filed the judicial protest. NGOs file judicial protest against Central Link project