Issue link: https://maltatoday.uberflip.com/i/1527863
10 maltatoday | SUNDAY • 13 OCTOBER 2024 ANALYSIS Fewer EIAs, more screenings: ERA's The ERA says that by 'screening' planning applications, it nips problems in the bud at the inception of a project to guide developers toward more environmentally acceptable plans. But critics argue the new procedures are limiting public consultation and a holistic assessment of proposals. James Debono writes. THE number of Environmen- tal Impact Assessments (EIAs) requested by the Environment and Resources Authority has de- clined sharply due to new rules that came into effect in 2018 and an increased focus on screening applications at the initial stages, before deciding whether an EIA is necessary. While 47 EIA were requested between 2016 and 2019, only 17 such studies were requested be- tween 2020 and 2024. Moreover, only six EIAs have been request- ed in the past three years, and just one was requested in the first nine months of 2024. The reduction reflects the changes to the EIA regulations in 2018, abolishing the previous ex- emption mechanism which in the past could be used to arbitrarily waive the condition for EIAs on controversial projects – like the one for the Ulysses Lodge in Ram- la l-Ħamra in 2005, which earned Malta a rebuke from the European Commission. Under the present system, on- ly Category I projects – which include large-scale projects like motorways, incinerators, and power stations – automatically require an EIA. In contrast, Cate- gory II projects, which include any project with a floor area of over 30,000sq.m, require mandatory screening. It is this screening that deter- mines whether significant envi- ronmental impacts are likely and whether an EIA should be carried out or not. This means that the Environment and Resources Au- thority may conclude that a pro- ject will not result in significant effects on the environment war- ranting an EIA. Statistics show that no EIA was required for 246 projects screened between 2018 and 2024. In con- trast, 32 projects were formally 'exempted' from an EIA in 2016 and 2017, when 73 projects were screened. What is an EIA? EIAs consist of voluminous studies of hundreds of pages ad- dressing a variety of impacts, in- cluding geological, hydrological, visual, landscape, noise, and cli- mate change impacts, among oth- er themes. A veritable mine of information for planners, they include a report written by a coordinator that as- sesses the various impacts in a ho- listic document. Moreover, EIAs also have to consider alternative sites for the proposed develop- ment and an assessment of the so- called zero option, which means studies have to assess the environ- mental impact of not carrying out the project in the first place. Crucially, the terms of reference for EIAs are issued by ERA fol- lowing public consultation, dur- ing which NGOs, government entities, and the general public are invited to highlight issues that should be investigated in EIAs. Another public consultation, in- cluding a town hall meeting, also has to be held towards the end of the process after a draft EIA is pre- sented. The drop in EIAs reflects eco- nomic cycles, with the number of projects to be screened for EIAs peaking in 2018 and 2019. Moreover, some policies, like those regulating fuel stations in ODZ areas, resulted in more pro- jects requiring an EIA. But when the policy was changed, ODZ pro- posals for fuel stations declined. Another factor is that there can be cycles of heavy public invest- ment in new roads and infra- structure, and others where more private sector developments are proposed. However, the drop also reflects the ERA's policy of addressing environmental problems at the screening stage. In this sense, in- stead of relying on studies pre- pared by independent experts commissioned by project propo- nents, ERA has taken this task up- on itself. In fact, in a growing number of cases, while a full EIA is not re- quested, the ERA is asking for spe- cific and targeted studies. Since 2018, it requested specif- ic studies on issues like noise, air quality, and impact on the seabed for 52 projects that did not re- quire a full EIA. These included major projects like the proposed Ħal Far motorsport complex, the proposed airstrip in Gozo, several developments along the coastline and several residential and mixed- use developments proposed by the private sector. Since 2018, only one project has been completely exempted from EIA studies: the temporary generator in the Delimara power station, due to the overriding na- tional interest cited by the govern- ment as permitted by EU rules. ERA defends the new system In a meeting with MaltaToday, ERA officials explained that one major advantage of the new ap- proach is that developers are im- mediately given guidance through screening on what is acceptable or not, irrespective of whether an EIA is presented. "This avoids situations where a developer ends up spending lots of money and resources on an EIA for a project that creates insur- mountable problems. "It also avoids situations where studies drag on for months or create uncertainties or late-stage surprises on issues that could have been foreseen from the outset, as well as situations where project proponents are given false hopes or feel a sense of entitlement sim- ply because they have invested in studies." This is avoided by identifying problems at the screening stage, and preferably even before. They also insist that the system is not arbitrary because the parameters for identifying significant impacts are legally defined. When pressed on the absence of public consultation in framing the terms of reference for the studies that are required, the ERA offi- cials acknowledged that this is not a requirement when ERA opts for targeted studies. "But in this case, one should consider that the pub- Under the present system, only Category I projects, which include large-scale projects like power stations, automatically require an EIA Number of EIA screenings* EIA requested Specific studies requested ** Projects which did not require an EIA Projects exempted from EIA*** 2016 35 8 3 0 15 2017 38 11 1 0 17 2018 74 15 14 49 0 2019 71 13 6 53 0 2020 57 3 12 42 0 2021 34 8 5 31 0 2022 32 2 7 32 0 2023 24 3 7 21 0 2024**** 22 1 1 18 1 * EIA screenings undertaken (covering Cat I & Cat II projects for which a Project Development Statement was received) **EIA screenings concluded with a request for additional studies (Category II projects) *** Includes projects exempted according to pre 2017 regulations. **** Between January and September