Issue link: https://maltatoday.uberflip.com/i/1492490
JAMES DEBONO THE planning appeals tribunal has yet to decide on an appeal filed by the Palumbo shipyard, six years from a clampdown on the landfilling of grit blasting material under a 5,000sq.m con- crete platform. The enforcement notice came with fines for Palumbo for every day until rectification of the ille- gality in August 2016, a full two years after Planning Authority officials arrived on site to collect samples that were confirmed as containing the toxic chemicals used in grit blasting. But the appeal filed by the Ital- ian dock owners has dragged on since then, with the last hearing in June 2022 finally deferred for a decision. Eight months on, no date has been set for the next sitting in which the decision is read. Normally a date is set immedi- ately after a sitting is adjourned for decision. The case was last deferred for a decision in Janu- ary 2020. And it was only in Sep- tember 2021 that the tribunal met again, when the case was ad- journed for a site inspection that was only held in February 2022. MaltaToday is informed that it is extremely rare for cases heard by the Environment and Plan- ning Review Tribunal to drag on for six years. Questions sent to the EPRT remained unanswered. Back in 2016, the Environment and Resources Authority re- quested a plan on how Palumbo will remedy the breach in envi- ronment laws. The enforcement order was highly contentious because the concession award- ed to Palumbo obliges "the ob- servance of the country's laws" in the running of the dockyard. Palumbo immediately appealed, arguing that the grit blasting ma- terial found on site predated the privatisation of the shipyards. Palumbo's lawyer Matthew Brincat insisted that although traces of grit blasting were still found on site, these were found in levels 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. Palumbo also lacked a permit to export 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 under the concrete slab took place in 2012, "approximate- ly six months" after Palumbo took over the shipyards. He used aerial photos taken before Palumbo took over the ship- yard to confirm that the works took place after 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. The PA had been informed of the abuse a full three months be- fore taking action in September 2014, two years after the alleged illegality, and after the publica- tion of newspaper reports de- nouncing the abuse. But then the enforcement order was is- sued 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. They claim the works took place to level out the rough terrain, and that the area had been cleaned thor- oughly before cementing, with any grit blasting remnants de- posited there before assuming ownership of the shipyard. The company also said it informed Mimcol and the Lands Depart- ment about the works, showing the authorities knew about the works in 2012. Samples tested by the PA later confirmed the presence of spent grit under the concrete platform. In 2020 MSC Cruises and Palumbo Group announced the formation of a joint venture to operate the Palumbo Malta Shipyard which will see MSC Cruises take a 50% stake in the shipyard. jdebono@mediatoday.com.mt 7 NEWS maltatoday | SUNDAY • 12 FEBRUARY 2023 Court Services Agency Agenzija ghas-Servizzi tal-Qrati courts.gov.mt CAREER OPPORTUNITIES COURT MESSENGER – MALTA COURTS JobsPlus Permit No. 518/2021 Prospective candidates must be in possession of a School Leaving Certificate. A Court Messenger whose principal place of work is the Malta Courts (CSA-Malta) may be required to perform duties at the Gozo Courts (CSA-Gozo). The post of Court Messenger is pegged to the Court Services Agency Grade 7. At 2023 rates, this is equivalent to €14,802 per annum, rising by annual increments of €350 up to a maximum of €17,952. This full-time post is on an indefinite basis and is subject to a probationary period of six months. 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Applications The planning appeals tribunal has not decided on the Palumbo appeal to an enforcement notice against toxic dumping, six years and 23 sittings on Decision drags on six years from Palumbo toxic dumping appeal