The Times, Tuesday, February 10, 2015
by Caroline Muscat
http://www.timesofmalta.com/articles/view/20150210/local/amnesty-on-illegal-development-unacceptable-ngos.555558
The planning authority has finally relinquished all pretence of being
a regulator and exposed its real role as facilitator for development,
environmental organisations said today, slamming the Authority’s
proposed amnesty on works done without permits.
Environmentalists united against Mepa’s proposal to sanction illegal
developments saying it was “unacceptable” and sent out a message that
“abuse pays off”.
Calling Mepa’s latest proposal “the mother of all building
amnesties”, they said it was proof of the Authority’s incompetence and
put into question the very reason for its existence, they said.
The Sunday Times of Malta revealed earlier this month that
Mepa was in the final stages of proposing an amnesty to sanction
long-standing illegal developments.
The scheme is meant to wipe out a substantial chunk of the planning
authority’s pending enforcement cases, which number about 10,000, and to
rake in more than €20 million.
The organisations pointed out amnesties held in 2012 and 2013 already
dealt with the abuse that could reasonably be absolved. They drew
attention to the contradictory situation that the Authority’s chairman,
Vince Cassar, now finds himself in.
At the time of the last amnesty, when Mr Cassar was president of the
Chamber of Architects, he had lambasted the proposal saying those who
broke the law should not end up on an even footing with those who had
not adhered to it.
“How can he now endorse a more extreme amnesty?” asked FAA spokeswoman Astrid Vella.
“Such amnesties foster a culture of abuse... We have seen this from
past experience in Malta, and also from the Italian experience which saw
an increase of 30 per cent of building abuse when the last amnesty was
announced,” she added.
The environmental organisations said they had to rely on a media
report to discover what was going on since no details had been made
available to them.
The fact that Mepa CEO Johann Buttigieg had said he would not give
further detail because the proposals had not yet been approved by the
Board and Parliament showed the Authority no longer even pretended to
respect laws on consultation, the NGOs said.
The NGOs demanded that before proceeding with its proposed amnesty,
Mepa publish reports justifying its decision, as well as studies on the
environmental impact of existing illegal development. They also
insisted that illegal buildings Outside Development Zones and the coast
be immediately eliminated from any consideration.
The proposed scheme would apply to all infringements that took place
before 2013 and those in ODZ that took place before the full
establishment of the planning authority in 1994.
Applicants that could be considered for such an amnesty would be
expected to pay a one-time fee that is heftier than current sanctioning
charges. Yet the environmental organisations argued that any monetary
gain from such an amnesty could not be the basis for such a decision.
Rambler Association President Lino Bugeja pointed out the
repercussions of this amnesty would have a lasting impact, unlike other
amnesties already granted, such as those on tax payments and electricity
theft.
The NGOs insisted government could not continue to make rules and
then complain they can’t be enforced. Edward Mallia said there was a
pattern emerging where law enforcement authorities were just “pandering
to wrongdoers”, an attitude that must stop.
Something went wrong with the way Mepa was functioning along the
years, the NGOs pointed out. That problem must be addressed before an
amnesty could be proposed.
“This is not going to solve Mepa’s problems nor will it solve illegalities,” they said.
The NGOs present today were Friends of the Earth (Malta), Flimkien
Ghal Ambjent Ahjar, Din l-Art Helwa, Ramblers Association, Nature Trust,
Noise Abatement Society and Zminijietna. They were joined by water
expert Marco Cremona, environmental expert Alfred Baldacchino, and
deputy chairman of the Green Party Carmel Cacopardo.