Issue link: https://maltatoday.uberflip.com/i/540322
maltatoday, SUNDAY, 12 JULY 2015 News 17 But the involvement of the President underlined the quasi- judicial nature and the independ- ence of the tribunal. In fact judges are also appointed by the President of Malta acting in accordance with the advice of the Prime Minister. Moreover while previously members of the tribunal were eli- gible for reappointment after four years in office, the new law speci- fies that they are not. According to the new law the secretary and the administrative secretariat are also to be appointed by the Prime Minister. Part-time tribunals One of the matters which re- mains unregulated by the law is whether members of the tribunal can do other jobs while serving on it. The Malta Environment and Planning Authority presently has two appeal boards, one "full time" board appointed by the previous government in 2011, whose term will expire in a few months, and a "part- time" board, whose mem- bers are lawyer and Labour can- didate Simon Micallef Stafrace, Freeport chairman and architect Robert Sarsero and planner Mar- tin Saliba. The members of the original board were architect Chris Fal- zon, Dr Ramon Rossignaud and architect Jevon Vella. They were engaged on a full-time basis for four years by MEPA in 2011. Back then, MEPA announced that the board was contracted on a full-time basis "to further en- hance the efficiency and consist- ency of MEPA's decision-making process" and to avoid conflicts of interest. But neither the law approved in 2010 nor the new law specifies whether board members should be appointed on a full time or part time basis. Robert Sarsero, a member of the panel appointed in 2013, regularly represents clients in applications presented to MEPA. This is be- cause he and other new members of the tribunal were appointed on a part-time basis and members are allowed continue exercising their professions. However, they are expected to abstain from any case in which they may have a conflict of in- terest, which they will have to declare. In such cases, where a board member has to abstain from a particular case, the Tri- bunal members can be replaced by the newly appointed 'substi- tute members' on the new board. These include Dr Andy Ellul, a lawyer who made a testimo- nial for Parliamentary Secretary Michael Farrugia before the last election, and architects Claude Mallia and Ludovico Micallef, a vice-president of the Malta Foot- ball Association. The government had justified the creation of the new board due to the incumbent Tribunal's backlog. The new board has taken a number of controversial deci- sions, including the approval of 48 villas at Portomaso, which had been rejected by the MEPA in 2012. What is the SPED? The SPED, Strategic Plan for the Environment and Development, is a policy document meant to guide planning and environmental decisions till 2020 and will replace the Structure Plan approved in 1992. What is the difference between SPED and the Structure Plan it replaces? The Structure Plan consisted of enforceable and concrete policies. Unlike its predecessor, the SPED is more like a declaration of principles. Thousands of permits have been turned down since 1992 because these were in breach of Structure Plan policies, which included concrete policies like those calling for demolition of illegal coastal development and the public ownership of the coastline. How was the SPED formulated? In 2012 a consultation document explaining the aims of the SPED was issued for discussion, with the aim to later produce a document with specific policies like the Structure Plan. But after the change of government a decision was taken to use the consultation document as the basis of the new policy while including a number of commitments for a number of projects not mentioned in the 2012 document. These include the development of an airstrip, a cruise liner terminal and a yacht marina in Gozo and tourism development on "previously developed land in Comino". It also refers to the need of a framework for the "spatial planning" of land reclamation" and to agri- tourism in the countryside. What does the SPED say about ODZ development? The SPED enshrines a sequential approach through which vacant land should only be considered for development after the re-use of existing buildings is considered. But new clauses added by the government in June state that development may be permitted in outside development zones where no other feasible alternative exists in urban areas. It also states that projects of a "sustainable" nature can be permitted in ODZ land "as a last resort where it is essential for the achievement of sustainable development". After the SPED what laws are now being discussed in parliament? The three laws being discussed are meant to set up two authorities, namely a planning and an environmental authority, and a tribunal to hear appeals against both. Why does the government want to split MEPA? The Labour party has an electoral mandate to split the environmental and planning aspects of MEPA as this proposal was part of its manifesto. Labour promised that by doing so it would ensure the environment would no longer play second fiddle to planning. But for the past two years during which MEPA has approved 14 new policies, MEPA's Environment Directorate was left headless and in a state of disorientation. What will change after the split? People will get a permit from the Planning Board in which the Environmental Authority will have one representative among 14. As regards individual permits the Planning Authority will consult the Malta Environment Authority in the same way it consults with the Malta Tourism Authority and other entities. Planning policies will be drafted by the Planning Authority's executive committee, which will include two representatives of the Environment Authority. The Environment Authority will enact its own policies on themes like waste and air quality, thus beefing up Environment Minister Leo Brincat's portfolio. What will be lost is the daily synergy between planning and environmental experts. But for the first time the environment will have its own authority. FAQ • WHAT'S BREWING IN PLANNING? One of the matters which remains unregulated by the law is whether members of the tribunal can do other jobs while serving on it NGOs will have an automatic right to appeal against the approval of major projects