Our Terms & Conditions | Our Privacy Policy
The CEO of the Environment and Resources Authority (ERA), Kevin Mercieca, rebutted criticism surrounding the authority’s environmental impact assessment (EIA) processes, saying that they are not just “tick-the-box” exercises, and a full-blown EIA should be carried out only when needed.
Mercieca was speaking to The Malta Independent on Sunday in an interview during which he discussed the authority’s enforcement actions, its principles on development, public criticism as well as ERA’s resources.
He addressed criticism surrounding ERA’s EIA processes, which included that the approach focuses on a limited range of issues, there being no synergy between the impacts of two projects close to each other, as well as it being not necessary to request an impact assessment for Category II projects located within development zones.
Mercieca clarified and explained the authority’s systematic approach, which has been the practice since the 2017 reform to the law.
He emphasised the need to preserve the integrity and value of EIAs, ensuring that they are not reduced to “tick-the-box” exercises. He reiterated that ERA’s approach is not a lack of ambition, but a focused methodology to address environmental impacts effectively.
“ERA screens around 30 Project Description Statements (PDS) annually, during which officials identify the need for a full EIA or request targeted studies,” Mercieca said.
Approximately one-third of these cases require additional studies, with only three or four full EIAs conducted yearly.
Mercieca said that it was needless to carry out a full-blown EIA which studies ecology, for example, in the middle of Paceville. Studies for that area would include impact on the sea and air quality.
“Instead of requesting a full-blown EIA just to have requested a full EIA, after a detailed screening and identifying the primary impact, in this case an air quality study, only such a study is requested,” Mercieca explained.
Mercieca said that nowadays, the word “green-washing” is often used. The authority is focused on specific impacts, such as air quality in urban areas, to avoid unnecessary full EIAs.
“We do not want to use the EIA process to green-wash projects. EIAs are carried out where is needed, after it is identified in a detailed study in the screening process, which ERA officials carry out,” Mercieca said.
Pressed on the argument that perhaps EIAs are always needed for each project, Mercieca emphasised that the process of an environmental assessment is always being done.
“Our officials who carry out the screening are also knowledgeable in EIAs. A full EIA is not always needed in the final document; a targeted study would be enough,” Mercieca explained.
Improvements in waste collection
Mercieca noted significant advancements in Malta’s waste collection system, including the mandatory waste separation and the improved national schedule.
He said that there was a 23% reduction in black bag waste and a 31% increase in the organic waste bag, as well as substantial increases in recycling waste collection over the past two years.
The implementation of the BCRS system, which, despite some challenges, delivers high-quality recyclable materials, Mercieca said.
While acknowledging progress, Mercieca stated that further reductions in black bag waste are necessary. He stressed the importance of public cooperation and increased enforcement to combat non-compliance.
Mercieca said that illegal waste disposal remains a nationwide issue. ERA has issued over 1,224 administrative fines, 1,094 of which were for disposal of waste on incorrect days or at the wrong time.
He said that four were issued to government entities, which includes local councils, but would not say which entities had been fined.
1,231 warnings were also issued for improper waste management between October 2023 and September 2024.
Mercieca said that most fines target individuals rather than entities, with the authority actively pursuing unpaid fines. Three hundred and fifty-one fines were fully paid, and the authority is currently undergoing a comprehensive exercise to recoup unpaid fines.
Mercieca acknowledged the difficulty of recovering smaller fines but emphasised the authority’s commitment to enforcement.
“As a principle, we try to collect all fines which are issued. When it comes to substantial fines, one way or another we collect them,” Mercieca said.
Development applications
The CEO said that ERA reviews approximately 8,000 planning applications annually, with around 3,000 requiring detailed assessment.
Between January and December 2024, Mercieca said that ERA has objected to 845 applications, primarily for projects impacting Outside Development Zones (ODZ) or rural landscapes.
While supporting development within designated zones, he said that ERA opposes expansions into virgin land. For redevelopment projects, the authority often negotiates environmental restoration as a trade-off for permitting, to which many comply with.
Asked if it considers public sentiment when it makes its decisions, given the current wave of protests against development, Mercieca stated that ERA operates on principles rather than public sentiment.
He acknowledged the importance of directing development to pre-scheduled zones and reiterated the authority’s stance against ODZ development.
“We also know that certain developments do need to be made in rural areas, such as a farm or a waste management facility,” Mercieca said, adding that those are inevitable.
Mercieca added, however, that even for agricultural projects, the authority tries to direct development for areas which have already been impacted by development and not virgin land.
Criticism over lack of authority on development applications
Mercieca responded to claims that ERA lacks authority compared to the Planning Authority (PA), on development applications.
He noted that ERA’s influence lies in its consultation process and the weight given to its positions by the PA, particularly on ODZ developments. Mercieca confirmed the PA does pay great attention to ERA’s positions.
“When there are allegations that ERA is not being effective enough in enforcement, more often than not, the people making the criticism are overlooking the complexities of environmental enforcement,” Mercieca said.
He said that investigations take a long time, and reliance on other stakeholders, such as the police, is sometimes needed.
In 2024 alone, ERA handled over 5,000 reports, issuing thousands of fines for environmental breaches.
Often times, the criticism the authority receives is also from people who believe that ERA has powers and remits which it in fact, does not.
He brought up an example, whereby the authority would not be responsible for the noise a nightclub would create at night, and it would not be able to take action.
Mercieca said that the issue must be an offence which the authority has the remit over, and the environmental noise directive, for example, looks at noise which impacts the environment, such as traffic, aviation and industrial noise, but it does not regulate what are called “nuisances”.
Asked if the authority has enough enforcement officers, Mercieca said that ERA employs 80 enforcement officers in its directorate, and it has future plans to increase this number substantially.
Officers, who normally work in pairs, handle diverse responsibilities and power in enforcing, from waste management to inspecting imports of protected species.
Mercieca emphasised a risk-based approach to deployment of these officers, focusing on high-risk areas. They also inspect shops to ensure producer responsibility laws, such as the obligation to not have single-use plastics on their shelves, and that they are registered with a scheme for packaging and batteries.
Regular inspections are conducted at facilities, and officers oversee waste exports at the country’s ports to ensure that all hazardous waste being exported is properly declared and complies with the EU Basel Convention, which regulates the international trade of hazardous and certain other wastes.
There is only one member who represents ERA on the Planning Board, and Mercieca was asked if this is enough, and if there should be more representatives from the environment watchdog.
Mercieca said that when it comes to the planning process, the most important thing is not how many members are on the board, but the consultation that needs to be done between the authorities.
Mercieca said that the PA consults with ERA on all its applications, and ERA is strong on its position on any particular case.
ERA’s achievements since inception
“It is worth noting, and I believe that one has to appreciate where ERA is today, as compared to when it started,” Mercieca said.
Since its establishment in 2016, ERA’s budget has grown from €5m to an allocated €25m for 2025, he said.
Mercieca highlighted this growth as a testament to the authority’s expanding scope and achievements.
He continued that in 2016, the authority’s workforce amounted to 80 people overall. Today, the authority has a workforce of 320 employees, with future approvals for a substantial increase this year.
Mercieca outlined the structure and operations of the authority, emphasising its key responsibilities and ongoing initiatives.
He said that ERA comprises of three directorates –
- the Corporate Services Directorate which handles finances, support services and administrative work;
- the thematic Directorate, which focuses on specialised subjects such as waste, air, radiation, noise, biodiversity and water. This directorate also manages resources inherited from the Malta Resources Authority, including EU directives and policy reporting; and
- the last directorate is that dedicated to Regulatory Affairs, the public-facing unit responsible for environmental assessments, permitting and compliance and enforcement on environment issues, including trade on protected species and the protection of natural environment.
This directorate evaluates all PA applications – approximately 8,000 annually – as well as 2,500 small roadwork permits administered by Transport Malta, which would still need consultation.
Mercieca also spoke about ERA’s role in sponsoring and funding projects in collaboration with local councils and NGOs through the environmental fund. He said the authority focusses on permitting, enforcement and adherence to environmental directives.
Images are for reference only.Images and contents gathered automatic from google or 3rd party sources.All rights on the images and contents are with their legal original owners.
Aggregated From –
Comments are closed.