Issue link: https://maltatoday.uberflip.com/i/542972
maltatoday, SUNDAY, 19 JULY 2015 15 Brincat insists that he sees no need for the EA to intervene on "purely planning issues", but when planning issues have a bearing on the environment he expects that the issues would be tackled "earlier on" and not at the end of the proc- ess through "fire-fighting". It's still unclear as to how the synergy between the two authori- ties will work out, although Brin- cat is quick to point out that in the old authority the environment was subjugated to planning. I point out that development permits often have a direct impact on Malta's ability to comply with EU targets on waste, air quality and water. Would the separation not make it even more difficult to ensure that these targets are not thwarted through bad planning? Brincat insists that most of these issues can be tackled on a level of policy and not at the level of per- mitting. "To me the major role of the new authority is to ensure syn- ergy between different ministries and departments on environmen- tal issues. Another role is to ad- dress problems of lack of manpow- er in various sectors, which result in an inability to collect data on a variety of issues." One major difference is that the EA will be able to appeal against decisions taken by the planning board (as will the government it- self) in front of the Environment and Planning Review Tribunal. "Giving a public authority the power to appeal against a decision taken by another authority may be politically embarrassing for any government. But we are taking that risk." For Brincat having this latent power to appeal will strengthen the authority's say in planning matters from an early stage. He is also committed to ensure that reports by the new EA will be published, and is keen to make a difference in meritocratic appoint- ments, stating his agreement with AD deputy leader Carmel Cacopar- do – a critic of the demerger – that the autonomy of the new authority depends on having people of integ- rity at its helm. "Appointments in the authority will be made through calls for applications," he says, pointing out that it is not just the perception of ENGOs and devel- opers which counts, but also that of the "ordinary taxpayer". Here he refers to surveys under the previous administration that showed MEPA being perceived as the most corrupt institution in the country, more than politicians and the judiciary. I point out that one factor erod- ing trust in MEPA was the way it would regularise illegal develop- ments, and fail to clamp down on older illegalities. How could he, now as environment minister, agree with the legal clause allowing MEPA to regularise illegalities in ODZ and scheduled areas through the removal of the Sixth Schedule, which was introduced in 2010 to ban MEPA from green-lighting these illegal developments. Brincat does not give a categori- cal reply. "One of the tasks of the EA is to assert itself on illegal de- velopments... admittedly some as- pects of the planning law can be a bone of contention and can raise legitimate concerns, which can be addressed in amendments at the committee stage when parliament will revisit the laws." Again, in opposition Brincat criticised the PN's 'project-driven' policy on energy. But the proposed SPED already lists a number of projects like the cruise liner ter- minal, land reclamation, the Gozo airstrip and tourist development on already developed areas of Comino. "This is merely a declaration of intent which sets out generic pri- orities not tied to a particular de- veloper," Brincat says. The SPED proposes ODZ devel- opment "where no other feasible alternative exists in urban areas" and that projects of a "sustainable" nature can be permitted in ODZ "as a last resort where it is essential for the achievement of sustainable development". But environmentalists claim these are loopholes that can be utilised to bring development into protected areas like Zonqor Point. "Ideally no ODZ development should be allowed but in practice saying no ODZ at all costs is not practical," Brincat says. He even subscribes to statements by Lawrence Gonzi, who while expressing his personal opinion against granting permits for ODZ development, had warned in 2013 that this could not be a straitjacket policy, as there were instances where ODZ permits were neces- sary. He also refers to Church school development applications as an- other example of why one cannot be so categorical. But he refuses to say that the Church school appli- cation in Ghaxaq is in itself wrong, insisting on the need of some flex- ibility. When I press Brincat on the arbi- trariness of terms like "feasibility" and "sustainability" which may be used to justify ODZ development that is not necessarily agricultural, Brincat replies that "ODZ devel- opment must be a last resort" and that the SPED clauses do not pro- vide "carte blanche." Interview Leo Brincat will soon have a brand new authority on his watch, a move that will beef up his ministerial portfolio which presently lacks any tools to make a difference on environmental issues. But will it have any power in restraining a Planning Authority set free from its environmental arm, which will be taking all the decisions with regard to permits? hawk PHOTOGRAPHY BY RAY ATTARD