Wied Qirda road works had no environmental permit; ERA orders IM to restore it to original state

The Environment & Resources Authority (ERA) have ordered Infrastructure Malta to stop all roadwork at Wied Qirda, after finding that the government’s roads agency had not obtained an environmental permit for any of the works that they have carried out – and were still carrying out until Saturday morning – in the valley.

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

The order notes that the works broke several points of the Environmental 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 others, and by making interventions which put the physical characteristics of the natural area at risk.

These works, the order read, were carried out without authorisation from ERA, in breach of Article 58 of the Environmental Protection Act.

The order noted that the works had caused physical alteration of the valley profile and the natural watercourse as a result of the widening of the road, deposit of material, and removal of natural vegetation from the valley. 

It reads that there had been a change in the original position of the road which resulted 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.

It further notes that the building of a ramp to reach the valley had resulted in damage to a rubble wall and to natural vegetation.

As a result of the aforementioned reasons, the ERA said in its order that it must issue a Stop and Compliance Order, which stipulates that all the above work is stopped and that no work which requires the authorisation of the authority commences.

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

The law breach by Infrastructure Malta is subject to an initial fine of €100 and is also subject to daily fines if the illegalities persist for longer than 15 days.

In fact, if the illegalities continue to exist for a period between 16 and 50 days since the order was issued, a €15 fine is issued daily, which rises to €35 up 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 asphlated earlier this year and last year.

Zebbug’s independent councillor Steve Zammit Lupi said on social media on Saturday morning that the operation and activity in the valley over the course of recent weeks were being done in a zone of special conservation and without ERA’s authorisation, Zammit Lupi wrote.

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

NGO Moviment Graffitti meanwhile went one step further, saying that the contractor carrying out the works had been instructed by Infrastructure Malta to carry on with their work 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 had 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 in the indicated road form part of the agency’s investment in rural roads, to improve the quality of countryside roads used mainly by farmers to access their agricultural lands, Infrastructure Malta 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.”