Robert Musumeci’s observations on the proposed MEPA reform – part 12
Highlights
An environmental impact assessment (EIA) is a detailed study which evaluates the potential positive and negative impacts that a proposed development may have on the environment. These impacts have to take consideration the natural, social and economic aspects. In simple terms, EIAs are conducted to provide an accurate predictive tool which draws out a true and likely picture of the impact of a particular development.
In Malta, MEPA is the authority responsible for managing the EIA process. It is uncontested that EIAs are typically associated with significant financial expenses involving the commissioning of experts – not to mention the delay in project timeframes until the studies are completed.
Despite all this, however, MEPA cannot abdicate from its mandate to ensure that, in the case of an environmentally sensitive project, a strict evaluation of potential impacts and eventual monitoring is always in place.
Against this background, the MEPA reform document is proposing the following framework:
• MEPA shall develop and maintain a Register of EIA Consultants. The selected consultants shall be qualified according to this Register.
• The EIA process will include the introduction of a scoping stage whereby applicants may request MEPA’s input in the elaboration of the Terms of Reference provided in the Regulations and which shall be subject to a public consultation period.
• MEPA’s Board proceedings will require the EIA consultant(s) to present the EIA and to respond to queries raised by Board Members, MEPA officials and the public.
• The EIA Consultants shall propose to MEPA a set of indicators against which measurement of predicted impacts can be undertaken during and after the execution of the project. These indicators will be calculated by independent consultants who will be commissioned, at the applicant’s expense, to carry out independent monitoring.
• Consultants who constantly fail to predict the right outcomes during EIAs in which they are commissioned will be struck off from the Register of EIA Consultants.
• The results of the monitoring exercise as well as an opinion on the accuracy of predicted versus actual outcomes to the Registration and Review Board will be published.
• Government will ensure that the EIA process commences at the earliest possible stage of the development process with a view to ensure that its terms of reference do not compromise the mitigation measures that could emanate from the EIA process.
Robert Musumeci’s observations
Government has been consistently under attack from certain sectors who believe that the EIA process is more often than not skewed in favour of the applicant who is financing the study.
In reaction, the proposed reform framework provides that consultants who constantly fail to predict the right outcomes during EIAs in which they are commissioned carry out a risk of not being able to undertake similar studies in the future. In this way, government has successfully managed to single out a rational solution, in that applicants retain the right to select their preferred consultants. Nonetheless, it is likely that the usual sceptical sources will soon claim that irreversible environmental damage should not be counteracted by simply banning a defaulting consultant from the EIA register. It seems that government can never get it right with John Citizen.
Next week Mepawatch will focus on the reformed Enforcement Directorate and the role of Local Councils.
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