Wied Qirda road works had no environmental permit

● ERA orders Infrastructure Malta to restore valley to its original state

The Environment and Resources Authority (ERA) has ordered Infrastructure Malta to stop all roadwork at Wied Qirda after finding that the government agency had not obtained an environmental permit for any of the works carried out in the valley.

The order was issued on Friday night, but ERA officials and the police had to step in yesterday morning after the order was ignored and works continued, with NGO Moviment Graffitti alleging that the contractor had told police that Infrastructure Malta had instructed that works should continue.

The order notes that the works violated several articles of the Environment Protection Act, including the destruction of environmental examples, activities which go against the principles of ecological and geological restoration by carrying out activities expected to leave lasting damage, among other things, and by making interventions which put the physical characteristics of the natural area at risk.

These works, the order read, were being carried out without the ERA’s authorisation, in breach of Article 58 of the Environment Protection Act.

The order noted that the works had physically altered the valley’s profile and the natural watercourse as a result of road widening, the deposit of material, and removal of natural vegetation.

It stated that there had been a change in the original position of the road resulting in changes to the physical environment of the side of the road, including but not limited to, excavation and deposit of soil, destruction of rubble walls, removal of natural vegetation, and damage to protected trees.

The order further notes that the construction of a ramp to reach the valley had damaged a rubble wall and natural vegetation.

As a result, the ERA said, it was issuing a stop and compliance order stipulating that works must ceased and that no work which requires the authorisation of the authority may commence.

The ERA ordered that the site be returned to its natural state, and that plans for the works be submitted and approved by the authority within 15 days publication.

Infrastructure Malta is subject to an initial fine of €100 and to daily fines if the illegalities persist for more than 15 days.

Should illegalities persist for a period between 16 and 50 days after the order’s publication, a €15 fine is issued daily, rising to €35 until 180 days have passed, then €75 until 365 days have passed, and finally to €150 for every day beyond that point.

A map affixed to the site shows that the stop and compliance order pertains to the whole of the valley, including parts which were asphalted earlier this year and last year.

Independent Żebbuġ councillor Steve Zammit Lupi said on social media yesterday morning that works in the valley over the course of several weeks were being carried out in a zone of special conservation and without the ERA’s authorisation.

However, Zammit Lupi said, the ERA’s order – which had been placed at the site the night before – was removed and works continued; with the consequence that ERA officials along with the police had to go to the valley to stop the works.

NGO Moviment Graffitti went a step further, saying that the contractor carrying out the works had been instructed by Infrastructure Malta to continue the works in spite of the order to stop.

“Our valley is not a carpet. Nobody is above the law, including the authorities themselves,” Zammit Lupi said.

The area has already seen the removal of a number of trees and shrubs to widen the country lane, while a truck carrying asphalt recently overturned when part of the road collapsed, sending its load flying onto a carob tree below. The incident led to heightened criticism of the project, which is taking place along a ridge in the most picturesque part of the protected valley.

Infrastructure Malta recently told The Malta Independent that “the damaged road will be repaired in the coming weeks, after which all debris and asphalt on the side of the road will be cleaned.” However, the asphalt has now been removed, seemingly prior to the completion of the repair works, possibly due to the mounting pressure and scrutiny.

The ongoing works on the road form part of the agency’s investment in rural roads used mainly by farmers to access agricultural land, Infrastructure Malta has previously said. “The road was earmarked for resurfacing in 2018. Parts of it were completed earlier this year and last year. Works include the removal of the existing tarmacked surface, repairs to its foundations and the laying of a narrow strip of new asphalt.”