Direct action possible against illegal government building
James Debono The government’s Cleansing Services Department has ignored two enforcement orders issued by the Malta Environment and Planning Authority, against its illegally developed stores and offices in Corradino.
MEPA issued an enforcement order against the illegal foundations of this development in 2005. Subsequently, the department applied to regularise this development, but MEPA turned down the application.
The department ignored the decision, and last June, MEPA issued another enforcement notice, this time against “offices and stores” built without a permit. The offices consist of temporary metal and wooden structures.
The Superintendence for Cultural Heritage had objected to this development because of its vicinity to the Kordin Megalithic temples.
“It is a cause for concern that a government department does not respect due procedure, creating a threat to any archaeological remains that might have been on the site,” the Superintendence wrote to MEPA in 2006.
MEPA rejected the application to sanction the development, as it was deemed to have a negative impact on the archaeological remains and scheduled property on site, especially because there was the illegal excavations were never monitored.
The case has now been referred for direct action, which means that for the first time in its history MEPA officials could end up demolishing a structure built by the government.
The department is responsible for cleaning arterial roads, emptying of litter bins, washing of promenades and bulky waste collection.
The government’s intention to take action against this flagrant illegality was confirmed in parliament by Prime Minister Lawrence Gonzi in reply to a question by Labour MP Gino Cauchi, who reprimanded the government for not taking any action since 2005.
“The case has been referred for direct action and MEPA will take such action at the appropriate time as it does in any other case. Government departments are subject to the same legal timeframe as private individuals,” Gonzi said.
At that time the Cleaning Services Department fell under the jurisdiction of Ninu Zammit’s Ministry for Resources and Infrastructure. Now it falls under the responsibility of Environment and Rural Affairs Minister George Pullicino.
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