Issue link: https://maltatoday.uberflip.com/i/1541360
5 maltatoday | SUNDAY • 16 NOVEMBER 2025 NEWS restoration offset planned loss? within a Natura 2000 site be justified by promises to restore degraded land elsewhere? James Debono Ventures development in Comino numerous other native Mediter- ranean shrubs typical of garrigue habitats, such as Pistacia lentiscus, Periploca angustifolia, Teucrium fruticans, and Thymbra capitata. In coastal, disturbed, or interstitial areas, Henwood observed Tama- rix species, Nerium oleander, Pi- nus halepensis, and Pittosporum tobira. The report noted that the En- vironmental Impact Assessment (EIA) baseline survey, conduct- ed only in April and May 2020, missed transient species, in- cluding orchids like the Maltese pyramidal orchid and Ophrys melitensis, making it impossible to fully assess the habitat's ecolog- ical value. Restoration plan 'uncertain' Henwood strongly criticised the reliance on ecological restoration as a compensatory measure for the take-up of garrigue, noting that the destruction of a legally protected habitat is being justified by the "uncertain" restoration of degraded areas. Garigue formation, he ex- plained, is a complex, iterative process requiring integration of karst, precise species propor- tions, and years of monitoring. He warned that the restoration method statement, deferred as a "reserved matter" in permit con- ditions, meant the plan's effec- tiveness was not guaranteed. The uncertainty according to Henwood is accentuated by the absence of a "tried and tested model with a guaranteed out- come either lo- cally or abroad" and the consid- erable number of variables "beyond the control of the person heading the restoration". Without guaran- teed success, Hen- wood concluded, the restoration scheme would be simply another exercise in land- scaping and not a replacement of the habitat lost. He added: "Until such time that the planting thrives on its own, this would simply be another exercise in landscaping or a wish list and not a replace- ment of the habitat lost." Environmental scientist defends restoration studies Hili Ventures countered Hen- wood's findings through an affi- davit by environmental scientist and plant expert Eman Calleja, author of the original ecological survey and the ecology restora- tion plan. In his affidavit to the tribunal, Calleja argued that Henwood's report provided no new informa- tion beyond the detailed content already contained in the EIA, which had acknowledged habi- tat loss in some areas. Calleja al- so forcefully rebutted the doubt raised regarding the ecological restoration scheme, defending the mitigation measure designed to compensate for the loss of nat- ural habitat, including garigue. The tribunal noted that Calle- ja's submission was supported by a portfolio of publications and a bio-note that corroborated his expertise in the field of environ- mental restoration, which was not disputed by the appellants. The restoration plan for degrad- ed areas in Comino, authored by Calleja, refers to the removal of large concrete features, such as abandoned tennis courts, to ex- pose the natural bedrock beneath. The goal of the plan is to estab- lish self-sustaining native habi- tats, including resilient Aleppo pine woodlands and various local shrublands. Exceptionally hardy species, known for their drought toler- ance and ability to grow on poor ground, are chosen in restoration plans. The plan acknowledges that a percentage of new plants "will not survive", suggesting that these "are not replaced" to allow "natural regeneration to take place". For fragile cliff ecosys- tems, success is tied directly to transferring natural seed banks into rock hollows, relying solely on "the prevalent rain patterns that year" without irrigation. Tribunal conclusions The tribunal ultimately reject- ed the appeal and confirmed the permit, basing its decision on the regulatory authority's ability to ensure that the ecological resto- ration of degraded areas is imple- mented. The tribunal noted that the Environment and Resources Authority (ERA), as the compe- tent authority for Natura 2000 sites, had determined the project "would not adversely affect the integrity of the Natura 2000 site provided all mitigation measures were implemented." Citing existing policy which en- courages redevelopment of the tourist complex, the tribunal ac- cepted that the loss of 1,220sq.m of garigue was offset by the resto- ration of other areas. Addressing concerns over the uncertainty of restoration, the tri- bunal emphasised the condition that obliges degraded areas "to be restored to their pristine state to the satisfaction of the ERA", le- gally binding the applicant to the mitigation measures. While Henwood's report con- firmed the irreversible destruc- tion of protected garigue and the scientific uncertainty of restora- tion, the tribunal relied on ERA's ability to enforce its conditions. But the decision may also create a precedent for other develop- ments in Natura 2000 sites, where the obliteration of long estab- lished garigue areas is offset by nature restoration in other areas. up by bungalow development. Inset Jonathan Henwood Garigue found in the area which will be taken up by hotel development.