MaltaToday previous editions

MT 12 July 2015

Issue link: https://maltatoday.uberflip.com/i/540322

Contents of this Issue

Navigation

Page 15 of 59

maltatoday, SUNDAY, 12 JULY 2015 16 News ANALYSIS • MEPA reform JAMES DEboNo THE new planning laws currently being discussed in parliament will give the Attorney General and any "department, agency, author- ity or other body corporate wholly owned by the government", the right to appeal against planning decisions which are not to their liking. Presently only applicants ag- grieved by a decision of the Malta Environment and Planning Au- thority, and persons or entities who had registered their written objections against a planning ap- plication, can lodge an appeal with the Environment and Plan- ning Review Tribunal. The Environment and Planning Review Tribunal has the last say in appeals presented against deci- sions taken by the MEPA boards and commissions. The new law regulating the work of the Environment and Planning Review Tribunal considers the at- torney general acting on behalf of the government or any depart- ment, agency and authority as an "interested third party", even in cases where these entities did not present any written submissions when the case was being heard by the Planning Authority. According to the law an inter- ested third party has a right to address the Tribunal and may be requested by the parties to the ap- peal to give evidence in the appeal proceedings. Unless the Tribunal decides otherwise, such an inter- ested third party may be present during all the sittings of the Tri- bunal. Moreover, the law also speci- fies that interested third parties (a definition which now includes the government) do not have to prove that they have a "juridical inter- est" in the appeal. Interested third parties can appeal if they "sub- mit reasoned grounds based on environmental and, or planning considerations to justify their ap- peal". But government authorities, which had been consulted dur- ing the processing of an applica- tion, can only appeal if they had objected to the application or if they had proposed conditions for its approval. This means that government authorities like the newly formed Environment Authority and oth- ers like the Superintendence for Cultural Heritage, which are reg- ularly consulted by the Planning Authority when applications are processed, will be able to appeal against permits, in cases where they had either objected to the development proposed or had proposed conditions which were not upheld by the planning board. On the other hand government entities which were not consulted by the Planning Authority will be able to appeal in any case. In the past days Environment Minister Leo Brincat has under- lined the fact that the law will enable the Malta Environment Authority to appeal against deci- sions taken by the planning board. Presently the Environment Pro- tection Directorate cannot appeal decisions taken by the MEPA, of which it forms an integral part. But the new law also paves the way for the government to appeal against any decision which was not to its liking, including per- mits turned down by the Planning Board. Environmental NGOs are also considered to be an "interested party" in those cases where an appeal is presented against an ap- plication subjected to an Environ- mental Impact Assessment. This will give NGOs an automatic right to appeal against the approval of major projects. Presently NGOs can only appeal in cases where they were registered as objectors. Tribunal to be appointed by PM While the previous legislation specified that the members of the Environment and Planning Re- view Tribunal are to be appointed by the President on the advice of the Prime Minister, the new law simply states that members of the tribunal are to be appointed by the Prime Minister. The President's role was sym- bolic because constitutionally the President cannot over rule the ad- vice of the Prime Minister. How new planning laws will allow government to appe al against any planning decision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• L(*#!M2,*6!2$$'!*(!<$!6:44.,$'!)0(5!N$'2$6'&H!I 2' !8$4*$5<$0!DDEFF&5!*,..!8:2'&H! O *# !8$4*$5<$0!DDEFF&5! • L(*#!:2,*6!5:6*!#&-$!',))$0$2*!6$C0$C&*$'!64&1$6!)(0!5&.$6!&2'!)$5&.$6E! • M2,*6!&0$!*(!<$!6$0-,1$'!

Articles in this issue

Archives of this issue

view archives of MaltaToday previous editions - MT 12 July 2015