Moviment Graffitti has argued that a draft legal amendment published by the Environment and Resources Authority (ERA) – the Daily Penalties (Environment) (Amendment) Regulations – would lower fines for many environmental offences and give offenders the opportunity to have their fines cancelled.

Moviment Graffitti stressed that, “it is unjust and illogical to have offences go unpenalised simply because they are happening concurrently with other offences. Rather than decreasing liability, the presence of multiple, concurrent, irregularities should be considered an aggravating factor.”

The group said that it has officially submitted its disagreement with this document, insisting that it should be immediately withdrawn and substituted with a law that “significantly strengthens and not weakens sanctions against environmental offenders.”

It pointed out the new law would lower fines for many offences, such as unauthorised emissions, the failure to obtain an environmental permit and failing to submit reports on emissions.

“Considering the rampant environmental illegalities and their deleterious impact on people, nature and agriculture, such fines should be substantially increased not halved. The new regulations would make the offender liable to pay only one fine at any one time, even when engaging in multiple irregularities,” the group said.

“The document proposes that offenders who obtain a permit after having carried out an illegal activity, pay only the accumulated daily fine or the regularisation fine, whichever the higher,” it said.

The group added that “his will incentivise persons to carry out illegal activities knowing that, should they be forced to regularise their position, they will have to pay much less – only the regularisation fine or the accumulated daily fine – instead of both.”

The new regulations would introduce grounds on which the Environment and Planning Review Tribunal (EPRT) can cancel or lower fines, the group said, “by including opaque, open-ended, provisions via the use of words like `such as’ and humanitarian reasons.”

Moviment Graffitti described the EPRT as a “dysfunctional institution that lacks independence and that has repeatedly demonstrated it is beholden to powerful political and commercial interests.”

“It has very often disrespected principles of natural justice and handed down decisions that are deeply flawed. Introducing unclear legal grounds that allow the EPRT to quash fines for environmental offences will worsen an already-dire situation,” the group added.

Moviment Graffitti went on to say that it is “continuously contacted by members of the public with reports of environmental illegalities happening around Gozo and Malta. Most often, these people have very little faith in the institutions and believe that very little, if anything, will be done by the authorities against environmental offenders.”

It stressed that, “the ERA’s proposal for a law that would reduce already-meagre fines, as well as complicate their effective application, will certainly strengthen the perception that the authorities are on the side of those exploiting our environment for their personal gain, rather than striving to protect our environment and quality of life.”

Feedback can be submitted by sending an email to era.policy@era.org.mt by Wednesday, the 9th of February. The public consultation document can be viewed by clicking here.

Photo: Moviment Graffitti

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