The Government has today published the report that the Parliamentary Secretary for Tourism, Environment and Culture, Mario de Marco commissioned from the two experts, Prof Kevin Aquilina and Dr Simone Borg who both worked, conducted research and are lecturers in the subject of environmental law and development planning. Both experts were asked to examine the process adopted by MEPA to assess applications for shooting of films in sensitive areas.

The Government asked these two experts to view the incident that occurred at Dwejra, as well as examine the process being used by MEPA. They were also asked to propose changes to strengthen this process in the interest of protecting the natural heritage of the country.

The expert report was prepared after a series of meetings with the Director for Environment Protection, Planning Director, the Film Commissioner and environmental organisations. The experts found that the conditions included in the permit to shoot scenes of the film The Game of Thrones, in Dwejra were sufficient and adequate. It recognised that MEPA officials cannot be present to inspect any development even if it was granted permission and it therefore proposes that the film companies start to appoint a local representative responsible for compliance with the permit and applicable laws. The experts added that there is room for improvement in the processing of applications by the film industry. It was noted however, that these applications will continue to be processed as the country gains economically from the film industry.

1.The experts recommend that for the purposes of regulations the present arrangements should be kept for deciding applications for film-shooting on sites which were not considered sensitive and for sites considered to be sensitive, then decisions should be made by the Environment and Planning Commission and not the Director of Planning.

2) Because the film industry is beneficial to the Maltese economy, the decision on permission to shoot films in sensitive areas should be taken within a relatively short time. The experts proposed that the EPC decision should be made within five days from when the Commission receives the Development Permission Application Report (DPAR).

3) If permission is needed to shoot a film in sensitive areas, the application must be officially approved in writing by the Director of Planning and Director of Environmental Protection.

4) MEPA will prepare a list of sites considered sensitive and provide a map. so that when an application is received the Case Officer and EPC can immediately identify the fact that the application is for an activity in sensitive area. This list should then be sent to environmental organizations, the Film Commissioner and local film production companies.

5) The film company must appoint local representatives who have the role of ensuring that the preparation, filming and the dismantling of the equipment from the site, follows the conditions of the permit. Where there is doubt on the interpretation of any part of the permit, this representative should adopt the precautionary principle and therefore stop work until clarification is received of that part of the permit from MEPA. This interpretation must be given within two days, by the Chairman of the EPC (which by the MEPA reform will be employed on a full-time) which issued the permit, and in his absence by a member of the Commission .

6) Besides the chosen representative, the Enforcement Section of MEPA should conduct spot inspections at regular intervals, both when the development is taking place, as well as during the filming of the movie, and when the set is being dismantled. The inspection costs are to be paid by the applicant.

7) A bond should be imposed with a value that reflects the cultural and natural significance of the site. The filming in sensitive sites, such as sites of Natura 2000 sites, urban conservation (UCAs) and scheduled properties must be accompanied by amounts that reflect the sensitivity of the site and is determined dependant on the circumstances of the case.

8) MEPA should establish in advance the values of bonds under different categories to identify the sensitivity in defining the location and site environment. This information should be given to environmental organizations, the Film Commissioner and local companies producing the film. Another alternative is that MEPA gives permits to the Film Commissioner for film shooting in areas that have been identified as being used before, with the Commissioner giving a concession to local film companies. Mepa would then provide a data sheet for each site, following consultation with both the the Film Commissioner and environmental NGOs, containing the general and specific conditions for each site where filming would be able to take place. At this time there are altogether around twelve sites that are used to shoot films. Using this procedure, it will provide a one stop shop and thus reduce costs and delays while increasing efficiency.

In the case of filming in insensitive areas, the experts propose that MEPA still keeps to the existing permit procedure issued by the Director of Planning and where it disagrees with the application, shall refuse permission. The report also proposes however, that before issuing the permit, MEPA should consult with the Director of Environment Protection and seek advice from the Heritage Advisory Committee. If any of those consulted, does not agree to issue the permit, the application shall be submitted to the EPC to resolve it. In the case of sensitive areas, there should be a guarantee from the applicant, the amount dependent on the site.

The experts proposed that new conditions should be inserted in the permits related to the shooting of films, requiring the the film company (the applicant) to provide full information about any activity such as the use of artificial snow, crash scenes, use of helicopters and airplanes, as well as plants and animals not normally native.

The experts acknowledged that the Government alone cannot monitor all activity related to the environment, so the report makes proposals for greater coordination between MEPA and voluntary organizations working for the environment. MEPA proposes that their officers should have environmental organizations they can contact when they are informed of any infractions. The environmental organizations will complement the work of enforcement by MEPA which will better safeguard natural resources and heritage.

The report proposes that MEPA consult the Ministry of Gozo regarding permits for development in any area of Natura 2000 located in Gozo and Comino. It also proposes to increase the bank guarantee for the shooting of films in sensitive environmental areas and require full insurance cover from the company.

The board also recommended the setting up of a Film Shooting Board to approve general standard conditions and discuss any related issues. This board would include MEPA Chairman, the Director of Planning, the Director of Environmental Protection, the Enforcement Director, the Superintendent of Cultural Heritage, the Film Commissioner, the President of the Local Councils Association as well as two NGO representatives.

The report concludes that if it is established that environmental damage has occurred at Dwejra, MEPA will be able to take legal action against the company Laminate Ltd. This is under Legal Notice 126 of 2008, whereby legal steps can be taken to remedy any environmental damage.

Parliamentary Secretary Mario de Marco thanked Prof. Kevin Aquilina and Dr Simone Borg for their work. He said the Government agrees with the conclusions contained report. The report has now been formally handed to MEPA for the implementation of the recommendations and proposals contained in the report.

The full report is available on: http://www.doi.gov.mt/EN/press_releases/2011/pr0049.pdf

Permalink: Changes to permits recommended following Dwejra disaster