Issue link: https://maltatoday.uberflip.com/i/1337056
15 maltatoday | SUNDAY • 7 FEBRUARY 2021 NEWS ERA throws the science book at Tal-Wej landowners Natura 2000 designation for maximum protection of 200,000sq.m Tal-Wej is based solely on scientific criteria, ERA says JAMES DEBONO THE Environment and Re- sources Authority is stand- ing firm against the appeal of three landowners on Tal-Wej, a 203,484 sq.m site at the lim- its of Mosta, long renowned for its rich cultural and natural heritage and which was granted maximum protection as a Natu- ra 2000 site in September 2020. In a legal reply to an appeal by the owners, ERA insisted that when determining the bound- aries of a Natura 2000 site, it bases its decisions on scientific criteria – while economic, so- cial and cultural factors are only considered at a later stage when a management plan is drafted for the site. Three landowners, namely Jo- seph Camilleri, former PN min- ister Louis Deguara and Leon- ard Vella, have filed an appeal against the designation, claim- ing they were denied a right of fair hearing when the ERA designated the area as a Natura 2000 site in September. In three separate appeals presented by lawyer and government con- sultant Robert Musumeci, the owners contend that they were not granted full access to infor- mation, including the "econom- ic, social, cultural and policy considerations" made when the site was selected. Musumeci claimed that the owners could not defend them- selves "because they had no clue about the grounds on which the Authority based its decisions." But ERA quoted a landmark judgement in the European Court of Justice which states that a member state may not take account of economic, so- cial and cultural requirements or regional and local character- istics, when selecting and de- fining the boundaries of Natura 2000 sites on the basis of scien- tific criteria. The ERA contends that all landowners were informed of the designation of the site through a letter sent in July 2020, and that all landowners had a chance to contest this de- cision in public hearing held in September when it had provid- ed the scientific grounds of its decision. In fact the decision to include Tal-Wej within the EU's net- work of protected sites was accompanied by a detailed sci- entific report published on the ERA's website. The report refers to various archaeological features, such as cart-ruts and tombs, present among numerous active and abandoned agricultural fields, and to a series of temporary freshwater rock pools that form in outcrops of Lower Coralline Limestone which host various endemic species like the Mal- tese Horned Pondweed, unique to Malta, and the Maltese Wa- terwort, a species confined to the Maltese islands and the nearby Pelagian Islands. These pools also support populations of the otherwise very rare Tad- pole Shrimp. "Considering that these fresh- water rock pool habitats are lo- cally rare and host extremely ra- re and often endemic species... the site is considered to be of great ecological significance for conservation, in a local con- text," the ERA said. According to its report the site boundary was originally determined through a holistic approach that considers eco- logical integrity, coherence, connectivity and buffer zones. These zones are the areas at the periphery, cruciual in avoiding so-called "edge effects" by re- ducing the detrimental activity from nearby built-up areas. Last month Louis Deguara, a former health minister and Nationalist MP, insisted with MaltaToday that the farm plot he owns in the area is between 400-500m away from the pro- tected rock pools and is bound- ed by two roads and an already developed area. "I have nothing against the protection of the ecologically important areas but there are no rock pools or cart ruts on my plot which is even devoid of soil…" When it was pointed out to him that zoning of ecologically important areas normally also includes buffer zones to pre- vent development encroaching on the protected areas, Deguara replied that an area closer to the rock pools was included in the extension of boundaries un- dertaken in 2006 by the PN-led government. "Construction has already taken place in close vi- cinity of these rock pools… far closer than my own plot which is around 400m away." Deguara said he felt his plot was unfairly kept outside de- velopment zones in the 2006 extension by the then-PN gov- ernment, adding that it does not make sense to end the scheme with a blank wall, as is presently the case. The appeal will be heard in March. More than 2000 people have signed a petition urging the Environment and Planning Review Tribunal to confirm the decision to grant protection to Tal-Wej. The case is being considered a landmark one because if the ap- peal is accepted, it would set a precedent for property owners contesting the designation of other locations as Natura 2000 sites. Environment Protection Act, 2016 Environmental Impact Assessment Regulations (S.L. 549.46) NOTICE OF SUBMISSION OF UPDATED DOCUMENTATION TO THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT Retention of historic existing facades of the Fort Cambridge Barracks building, demolition of existing South West facade and internal structure. Proposed excavation of 4 basement levels for services and ancillary facilities to be connected to approved car park at basement 2 level and construction of multistorey Hotel Tower Class 3B including all ancillary facilities and amenities. Site at, Triq Tigne c/w, Triq Il- Ponta Ta' Dragut, Sliema, Malta PA/02906/16 Notice is hereby being given that updated documentation to the EIA Report has been submitted to the Environment and Resources Authority (ERA) in connection with the above-mentioned application. Digital copies of the updated documentation to the EIA Report are available on the ERA website: https://era.org.mt/era-project/pa02906- 16/ Digital copies of the same document are also available at the Sliema Local Council and the ERA offices in Marsa for public inspection. Anyone who wishes to make any submissions on environmental matters should write to the Director of Environment and Resources, Environment and Resources Authority, Hexagon House, Spencer Hill, Marsa MRS 1441, or send an email to eia.malta@era.org.mt, by the 9 th March 2021. Date: 7 th February 2021. Disclaimer: The Authority is committed to protect the personal data and privacy of the public in general. You are being informed that when making submissions, your personal data will not be disclosed or published unless within twelve (12) hours you give consent to the Authority to disclose your personal data. Provided that the Authority may disclose your personal data in those cases where it is required to do so, in order to comply with the applicable Laws.