Governance is one of nine demands made local environmental NGOs. Reforms at two levels are needed.
At one level, we need constitutional reform, so that article 9 in chapter II that imposes the obligation on the state to “safeguard the landscape and the historical and artistic patrimony of the nation” and to “preserve and conserve the environment and its resources for the benefit of present and future generations… and to promote, nurture and support the right of action in favour of the environment” does not remain a toothless statement of principles.
Article 21 says: “The provisions of this chapter shall not be enforceable in any court but the principles therein contained are nevertheless fundamental to the governance of the country…”
Although the principles of protecting our natural and built heritage are well-described, the mechanisms for oversight of government agencies and the means of enacting laws and regulations in accordance with these principles are not clearly defined.
There is divergent legal opinion as to whether the provisions of the constitution are sufficient for citizens to bring legal action if they are violated due to any legislation or regulations.
We demand clarity on the issue of actionability. We do not believe that the court should resolve the matter. Any public entity that disregards the principles set forth in chapter II can be sued.
When eNGOs file a lawsuit in court on environmental issues, one of the first arguments made is whether eNGOs have a legal interest in doing so. Recent court decisions have confirmed this right in certain situations, but the legal position remains unclear. ENGOs demand the right for them to sue in court.
The constitution should be amended so that anyone can request the Constitutional Court review any legislation or regulatory that is considered to be violative of article 9.
A second level is that the entities responsible to protect our natural and built heritage and urban quality, especially the Planning Authority be independent of the government. This would allow them the freedom to place the environment first, even when considering proposals that favor economic growth.
Recognize the intrinsic economic value of natural and built heritage. Instead of judging proposals for development against the question “why not?”, proposals should be judged against: “why?”, “what is the community gaining?” and “what are the risks and who will pay for the impacts?”
Good governance requires that the development policies are prepared with the full participation and informed consent of the public. The so-called scrutiny by the Parliamentary Committee on the Environment should be completely revised because it currently ends up “approving” proposals made by the same politicians; it has become a pointless ritual where the conclusion is foregone.
Good governance demands that political lobbying be eliminated from planning– Alex Torpiano
Good governance requires that planning is freed from political lobbying, and that decision-taking committee members are not appointed for their political allegiances. It is also essential that behind-the scenes discussions, which resulted in development briefs that are tailored to the needs of a particular developer, be dissolved.
Good governance demands that development planning reports are improved and scrutinised in order to ensure that all relevant facts are included in a fair manner. Audits are performed on planning decisions to prevent bad decisions from becoming a pattern and affecting others.
Good governance requires the Planning Authority to regularly assess the impact of the policies it has itself proposed and approved and not allow clearly inappropriate development, simply because “it is according to policy”. It also requires that the Planning Authority proposes solutions to the application of bad policies and not hide behind the mistaken notion of “legitimate expectation”. Planning is a community right and nobody has the right to ‘expect’ permission to develop.
Good governance should make the life of eNGOs easier and costs incurred by them lower – eNGOs that carry the burden of drawing attention to inappropriate development – and not hampered by small print regulations limiting access to information, limiting opportunity to submit objections or discouraging objections by hefty fees.
Good governance would imply that eNGOs are not required to assume this role if the relevant authorities have done their job properly.
Good governance demands that policies clearly causing havoc in small towns, particularly in Gozo should be immediately repealed.
This refers to the blind and blanket application of Annex 2 to DC15 and P35; to the absence of effective transition zones between urban conservation and development areas, or between rural and development zones; and to the fact rural areas should be protected from pseudo-agricultural activities.
Good governance requires a shift in attitude. eNGOs are requesting exactly this.
Alex Torpiano, executive president, Din l Art elwa
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