Issue link: https://maltatoday.uberflip.com/i/509499
maltatoday, SUNDAY, 10 MAY 2015 10 A new MEPA policy enabling the relocation of existing petrol pumps to a greater variety of sites outside development zones, risks raising the "artificial value" of existing fuel sta- tion licences, the Malta Developers Association has warned. The issue was raised in submis- sions the MDA made to the author- ity, before the new policy was ap- proved this week. While entirely new fuel pumps will only be sited only in designated in- dustrial areas, relocated petrol sta- tions can be moved to rural ODZ sites if they do not have any particu- lar ecological importance. Last year MaltaToday reported that a number of petrol station li- cences were being sold thanks to a rise in their value amid speculation that the new policy will allow larger petrol pump stations in ODZ sites. The new MEPA policy effectively encourages the relocation of petrol pumps from urban areas, by allow- ing them to relocate in all ODZ sites except in areas of high landscape value, good quality agricultural land and sites of ecological importance. The relocation is being encour- aged to raise standards and address safety concerns. Developments in these ODZ areas cannot exceed 3,000 square metres. On the other hand new petrol sta- tions with no previous licence are restricted to semi-developed areas like quarries or industrial areas, even those that are ODZ. In these ar- eas developments can exceed 3,000 square metres. But the MDA says the proposed discrimination will encourage an in- crease in the artificial value of exist- ing fuel station licences. "The relocation of existing fuel sta- tions from residential areas should be incentivised, [but MDA] feels this does not justify the proposed dis- crimination. To ensure that this in- centive is not understood as a 'right' to relocate fuel service stations from a residential area to an ODZ area as is being proposed, it should be made clear that this is a concession that is given only for a time window of, say, three years. "In this way, pressure is also brought upon fuel service stations in residential areas that would know that the possibility of relocation to an ODZ area is not an indefinite permanent policy that would result in an automatic increase in artifi- cial value in the licence of such sta- tions." MEPA says the policy gives 10 loca- tion options for all fuel stations and a further three for relocated fuel sta- tions. The additional uses are ODZ land, disused quarries and land on which a permit for non-agricultural uses has already been issued. MEPA also insisted that no "right" to relocate is contemplated and each application will be assessed on its own merits. Moreover MEPA claims that it is also receiving a good number of applications to upgrade existing fuel stations so that they satisfy European standards. News JAMES DEBONO JOSEPH Galea, a haulier who last year was stopped from operating his business because he was said to lack a licence as required by an anachronis- tic law, has been acquitted of the ac- cusation that he was operating with- out the necessary permit. The court, presided by Magistrate Aaron Bugeja, acquitted Galea after the police failed to substantiate their claims against Galea Galea was taken to court accused of breaching the law, which required hauliers to have a licence issued under the 1967 regulations. The time required for the authori- ties to appeal has expired and no ap- peal has been presented. On 17 April 2014 after five years op- erating freely within the Maltese ter- ritory, including the port, as a haulier, the Maltese Customs at Laboratory Wharf stopped Galea on arrival from Italy with two of his trailers contain- ing community status cargo. When stopped Galea was told that he could not exit the port with his second trailer because he did not have the old 1967 Hauliers Licence, a requirement of an anachronistic law which restricts access to hauliers with a licensing system which predates Malta's joining the European Union. Galea insists that the 1967 law has been superseded by new laws which came in place after Malta joined the EU in 2004. This was because before Malta became a member of the EU a haulier's licence was issued by the Customs Comptroller but after Malta joined the EU this licence started be- ing issued by Transport Malta. "Customs has no jurisdiction over goods transported through the EU," Galea told MaltaToday when inter- viewed last month. Subsidiary legislation issued on 1 January, 2009 on the registration of vehicles, states that registration marks followed by letters HQ are required in the case of vehicles used for the car- riage of goods by hauliers operating nationally. The law makes no reference to the need of any permit from customs. "Before Malta joined the EU hauli- ers fell under customs. Under the new law we operate according to permits issued by Transport Malta," Galea says. Transport Malta's own website states that the hauliers market is fully liberalised but for an unknown reason does not issue the HQ plates as laid down by the law. As a result of the decision to stop him operating in the port, Galea, who had invested in his new business after Malta joined the European Union, is facing hard times, having lost his main source of income. "Soon I will have to sell my house as it is making good for the loan that my company has," he told MaltaToday. Galea holds a National and Interna- tional Operating Licence for the car- riage of Goods on a hire and reward basis in Malta. "Through these past five years I had no problems as an operator with the Maltese authorities (Customs) but everything changed af- ter 17 April, 2014. "With my National and Internation- al Operating licence I operate freely in all member states but strangely not in my own country," Galea says. Galea has complained to the Euro- pean Commission and a Commission spokesperson confirmed that the di- rectorate is considering the issue. "As we have just started analysing the matter, it is not possible for me to further comment on it," the spokes- person told MaltaToday last month. Fuel pump relocation could raise 'artificial value' Haulier acquitted of illegal operation takes case to Brussels Joseph Galea – can operate freely throughout the EU except in his own country