Robert Musumeci’s observations on the MEPA reform – part 13 (concluded)
Highlights
The final part of the MEPA reform document deals with enforcement of the planning and environmental regulations. The document itself acknowledges that MEPA’s regulations can prove to be effective only if there is a fully resourced enforcement section. In this regard, the document is proposing the following salient changes: • Set up the enforcement function as a dedicated structure with its own set of resources and independent of other functions within MEPA. The Enforcement Directorate would be responsible for monitoring and enforcement action in respect of both planning and the environment and would report to the CEO.
• The Enforcement Directorate needs to work closely with Local Councils in order to detect more irregularities.
• Enforcement responsibilities related to the Environmental Management Construction Site Regulations and Littering Regulations will be removed from MEPA’s portfolio of responsibilities.
• Responsibility for the Construction Site Management Regulations will be transferred to the Services Division within the Public Works Department under the auspices of the Ministry for Resources and Rural Affairs while enforcement of the Littering Regulations will be delegated to Local Councils.
Robert Musumeci’s observations
The proposed delineation of responsibilities and migration of responsibilities to other state authorities will not necessarily result in a more effective enforcement regime. Although, on the one hand, local councils are in a better position than MEPA to ensure the general environmental upkeep in their respective localities (the reason being that local councils have an accurate knowledge of the local issues surrounding their localities and are in a better position to identify the littering ‘hot spots’), I am still not convinced that the setting up of another state department to monitor the site management regulations will prove to be the optimal way forward.
It is common knowledge that complaints concerning sites under construction are generally associated with three key issues: planning matters (for example a complaint stating that the back yards are not being built according to the approved MEPA permits); health and safety considerations (for example a claim from a neighbouring objector stating that the excavation works shall endanger the property) and environmental issues (a complaint stating that the works are generating heavy dust to the detriment of the neighbourhood).
According to the proposed reform framework, MEPA’s remit will now be limited to ensuring that the building under construction accords to the approved MEPA plans. If the works are generating excessive noise or dust, the complaint must now be channeled to the Public Works Department. On the other hand, if the person who has lodged the complaint feels aggrieved because his life is in danger due to shoddy works carried out by his neighbour, it is still not certain whether his complaints should be addressed to the Public Works Department (which will now oblige persons undertaking works to submit a method statement prior to the undertaking of excavation and demolition works) or the Occupational Health and Safety Authority (which already obliges persons to notify this authority about the works if the work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or for work scheduled to exceed 500 person-days).
Government is still in time to streamline all construction related matters into a single enforcement regime under the auspices of MEPA. It is therefore evident that citizens are still at a loss! Fortunately, government can still streamline all construction related matters into a single enforcement regime. Ideally, this unit should be strategically positioned within MEPA (since planning applications are submitted, validated and approved by MEPA) and be responsible for all construction related matters – planning matters, environmental issues, building laws and, not least, health and safety considerations.
As from next week, MEPAWATCH will start focusing on selected planning decisions which are overturned by the DCC or the Appeals Board in that particular week.
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• Set up the enforcement function as a dedicated structure with its own set of resources and independent of other functions within MEPA. The Enforcement Directorate would be responsible for monitoring and enforcement action in respect of both planning and the environment and would report to the CEO. 
