Issue link: https://maltatoday.uberflip.com/i/1302895
maltatoday | SUNDAY • 25 OCTOBER 2020 10 JAMES DEBONO SIX years after a clampdown against the alleged landfilling of grit blasting material under a 5,000sq.m concrete platform at the Palumbo shipyard, the En- vironment and Planning Review Tribunal has yet to decide on an appeal by the shipyard owners. The enforcement notice, which foresaw fines against Palumbo until the illegality is rectified, was formally issued in August 2016, two years after PA officials ar- rived on the site to collect sam- ples which were later tested by Prof. Alfred Vella. The studies confirmed the presence of toxic chemicals used in grit blasting that were buried under the platform. Back in 2016, the Environment and Resources Authority had re- quested a plan on how Palumbo will remedy the breach in envi- ronment laws. The enforcement order was highly contentious be- cause the concession awarded to Palumbo obliges "the observance of the country's laws" in the run- ning of the Dockyard. Palumbo immediately ap- pealed, arguing that the grit blasting material found on site predated the privatisation of the shipyards. The last sitting of the appeals case consisted of a site inspec- tion held in January. Palumbo's lawyer Matthew Brincat insisted that although traces of grit blast- ing were still found on site, these were found in levels which were far below the legal limit. On their part, PA and ERA of- ficials argued that all traces of grit blasting had to be removed before the area was covered by concrete. In a sitting held in September 2019, the tribunal committed it- self to take a decision following a site inspection held a few months later. But a decision is still pend- ing, eight months after the in- spection. Previous sittings revealed that Palumbo lacked a permit to ex- port grit in its first two years of operations, with the first waste shipment taking place in January 2014. Former PA chief executive Johann Buttigieg had claimed the alleged deposit of waste un- der the concrete slab took place in 2012, "approximately six months" after Palumbo took over the shipyards. He used aerial photos taken before Palumbo took over the shipyard to con- firm that the works took place af- ter the docks were privatised. "It transpired that Palumbo did not have a permit to export grit from the country. So what happened to the grit which was produced in those two years? Obviously, it was either laid under concrete or ended up in the sea," Buttigieg told the PA's environmental and planning review tribunal. Buttigieg confirmed that the PA was informed of this abuse a full three months before taking action in September 2014, two years after the alleged illegality took place and after the pub- lication of newspaper reports denouncing the abuse. The en- forcement order was issued two years later. Palumbo claims that when it took over the shipyards in 2010, it had found a patch of dilapi- dated land that for decades had been used for grit blasting and painting activities, which was then earmarked for use by super yachts. They claim that the works took place to level the rough terrain and that the area was cleaned thoroughly before being cemented. They also said that any remnants of grit blasting in this area were deposited before Palumbo assumed ownership of the shipyard. The company had informed Mimcol and the Lands Department about the works on the site in which grit was alleged- ly covered by concrete. This in- dicates that the authorities knew about the works in question in 2012. But samples taken from the site by the Planning Authority have confirmed the presence of spent grit under the concrete platform. A report by Prof. Alfred Vella, then as head of the chemistry department at the University of Malta, showed high toxicity in the samples taken from this site in September 2014. MaltaToday is informed that it is extremely rare for cases heard by the EPRT to drag on for four years, but sources confirmed that the delay was partly attributable to the appointment of a new EPRT chairperson, Joseph Borg, instead of Martin Saliba who has now replaced Johann Buttigieg as PA executive chairperson. During the past months, MSC Cruises and Palumbo Group an- nounced the formation of a joint venture to operate the Palumbo Malta Shipyard which will see MSC Cruises take a 50 per cent stake in the shipyard. Decision on appeal against PA enforcement against concrete layering on grit blast material, was expected after site inspection held in January Grit blasting: No decision on Palumbo appeal after four years Ministry insists on moving historical tower for new road JAMES DEBONO THE old Marsaxlokk rural watchtower, will be relocated to make way for a new road, but the environment and cultural heritage watchdogs are stand- ing their ground against the plan. The tourism ministry present- ed a site map for the site where the historical tower will be moved, 80m away from its pic- toresque rural setting near the Kavallerizza tower, to make way for a road linking Triq Lepanto and Triq il-Kavallerizza. Both the Environment and Resources Authority and the Superintendence for Cultural Heritage are objecting to the tower's relocation outside de- velopment zones. The site is around 150m away from a re- cently developed public car park – also developed on ODZ land – next to the Marsaxlokk football ground. Yet both the ground and car park have now been identified for a large-scale development, proposed by the Marsaxlokk football club under a sports commercialisation project, which however includes both a hotel and an old people's home. The ERA said the watchtow- er's ODZ relocation was objec- tionable, while the SCH empha- sised the historical and heritage importance of the 'Barumbara' tower, saying that its location must be preserved. The SCH wants the authorities to re- route the proposed road to safe- guard the historical structure. The SCH had already shot down the proposal to disman- tle and rebuild the tower, and initiated a Grade 2 scheduling process to protect it from dem- olition.. "Together, the Barumbara, the Torri Kavallerizza and other ru- ral vernacular structures in the area form a nucleus of architec- tural, historic and contextual significance which should be retained and enhanced." Still, the government has not withdrawn its bizarre appli- cation to relocate a histori- cal structure to accommodate a new road. Environmental NGOs say the plan is a danger- ous move that could set a prec- edent for the relocation of other historical monuments. Din l-Art Helwa noted the ab- sence of any policies permitting the transfer of historical build- ings from one zone to another, let alone outside development zones. The application is also in breach of new guidelines pro- tecting the setting of historical buildings. The land on which the tower is is located was controversially added to the development zone of Marsaxlokk in the notorious building zones extension of 2006. The Superintendence insists that relocation would run coun- ter to international charters such as the International Char- ter for the Conservation and Restoration of Monuments and Sites, and that a water cistern may form part of the existing building, which may warrant retention and preservation. NEWS