Issue link: https://maltatoday.uberflip.com/i/620229
maltatoday, SUNDAY, 27 DECEMBER 2015 8 News 8 2015 saw the approval of a new planning law which implements Labour's manifesto com- mitment to create an Environmental Author- ity. But will this measure give greater clout to the environment or will it set planning free from environmental constraints? The new law is set to give greater clout to the environ- ment authority, which will no longer be sub- jugated to an authority where the environ- ment directorate was often over ruled by the planning directorate and appointed decision making boards in the authority's turbulent history. But the demerger risks undermining any influence environmental experts have on the planning process. Moreover while presently the Environment Protection Directorate is directly consulted on every application from the start to the end of the process, it is not clear whether this will be the case in the new planning structures, especially in view of the fact that the way per- mits are issued still has to be determined by a legal notice. The strength of the present Environmental Protection Directorate was that of nipping ap- plications in the bud from the first day these were proposed. Unfortunately, for the past two years the Directorate was given up and left leaderless, with MEPA chairman Vince Cassar serving as acting director. Moreover the strength of the EPD was always derived from the legitimacy of its technical experts and not from political appointees who might end up representing the new authority in the planning boards. The divorce frees planning from the con- strains of daily co-existence with environ- mental experts. Removal of safeguards The new law also reverses a number of safeguards introduced in the MEPA reform of 2011, such as the obligation imposed on applicants to seek the consent of owners of the site which they want to build and the prohibition on regularising development in scheduled areas irrespective of when the de- velopment took place and of any ODZ devel- opment carried out after 2008. The new law also eliminates the Heritage Advisory Com- mittee consisting of two advisory panels on the cultural and natural heritage. It also weakens transparency by allowing MEPA to accept submissions from anony- mous proponents for policy changes – a measure which would give speculators the chance to influence policy without showing their hand. All power to the minister Parliamentary Secretary Michael Falzon will have the power to fire the Planning Au- thority's executive chairman should he fail to achieve the objectives set by the govern- ment. The present law approved in 2010 states that the authority might dismiss the author- ity's chief executive officer – a post currently occupied by Johann Buttigieg – if he does not achieve the "targets and objectives" set for him by the Malta Environment and Planning Authority. But the proposed planning laws place the authority's executive chairperson, who has been granted wider powers than the existing CEO, at the complete mercy of the minister or parliamentary secretary responsible for planning. It states that the executive chairman – a post that replaces that of CEO – can be dis- missed for "not achieving the targets and ob- jectives set for him by the minister". Moreover, while the present law also states that the authority "with the approval of the minister appoints the chief executive officer" the new law simply states that the minister shall appoint an executive chairperson. The new law will give the new executive chairperson generic powers, including that of carrying out "such other functions and duties as the minister may assign to him from time to time". He will also chair the meetings of the Plan- ning Authority's new executive council, com- posed entirely of government appointees, and will be responsible for policymaking and the day-to-day running of the authority. Moreover the new bill strengthens the role of the CEO (now called Executive Chair- man) in MEPA by introducing a separation between the board, which issues permits, and the council, which drafts policies and runs the authority on a day-to-day basis. At present, the MEPA board whose mem- bers are all appointed by the government, ex- cept for a member representing the Opposi- tion, conducts policy-making. The board also includes a representative of NGOs chosen by the government, ensuring that the opposi- tion and NGOs have a limited say in policy- making. Removing the 'E' from MEPA Sustainable Development and Environment Minister Leo Brincat