Updated at 7.00 pm with L-Għaqda Piroteknika Maltija comment

New rules which allow fireworks to be let off near protected trees, as long as adequate protective measures are taken, sparked anger from NGOs on Monday. 

"Despite the recurring issue of tree destruction making headlines across the country, the government's solution has been to amend the law to legitimise what was previously illegal," the NGOs said.

The legal notice, published on July 2, modifies a previous prohibition on lighting fireworks near protected trees.

The original regulation said that: "No person shall let off fireworks within 20 metres from a tree covered by the First Schedule" whereas the amendment now provides that: "No person shall let off fireworks within 20 metres from a protected tree unless adequate measures are put in place to safeguard the trees."

Those measures are undefined, the NGOs said, creating ambiguity and a significant loophole, placing the burden of enforcement on ERA.

The regulations also do not establish the fines which offenders would be liable to if no adequate measures are in place and if the illegality leads to trees being burnt.

"With ERA already struggling to enforce existing regulations and rarely penalising events where trees are damaged, including incidents involving fireworks, the new amendments to this legislation risk endangering even well-known wooded areas such as Buskett, where festivities are often held," the NGOs said.

The legal notice was issued after being presented to the Cabinet by the Ministry for the National Heritage, the Arts, and Local Government on behalf of the Environment Ministry. No public consultation was held despite its significant impact on the country's natural heritage.

"The absence of input from NGOs and the general public on this critical issue is alarming, particularly given the public concern for tree conservation, as seen in past incidents such as the pruning and subsequent vandalism of trees in Mosta."

The NGOs called for the immediate repeal of the legal notice and a proper public consultation process. They urged the government to strengthen environmental laws and not to 'appease' the agendas of individual ministries or lobby groups

The statement was signed by BirdLife Malta, Moviment Graffitti, Malta Ranger Unit, Flimkien għal Ambjent Aħjar, Din l-Art Ħelwa, Friends of the Earth Malta, Nature Trust-FEE, the Malta Ramblers’ Association and Malta Ranger Unit.

Regulation prioritises tree safety and accommodates cultural traditions

In a statement published on Monday afternoon, ERA explained the decision to amend the Trees and Woodland regulation. 

It said before the amendment, that launching fireworks within 20 metres of trees was strictly prohibited.

"This provision proved to be impractical in particular for ground fireworks which often happens to be carried out in village squares which also host protected trees," the statement explained. 

"The updated regulation continues to prioritise tree safety while accommodating cultural traditions by allowing firework displays under specific conditions and with strict mitigation measures to the satisfaction of ERA, including wetting the trees prior to launching fireworks, provision of additional fire trucks specifically to take care of trees and using firework-resistant materials to shield them."

ERA said it remains illegal to set off fireworks within 20 metres of trees unless "adequate safety measures are implemented".

The authority said the legal update addresses practical realities and strikes a balance between safeguarding the environment and respecting cultural practices. 

"It remains ERA's priority to ensure tree protection," the statement concluded.

L-Għaqda Piroteknika Maltija (Maltese Pyrotechnic Association) also backed up the amendment to the regulation.

The Association said it already imposed a regulation of keeping a 15-metre distance between the ‘gigifoku’ and people. 

“When shooting aerial fire from cannons, many of the licensees take precaution not only to protect the health and safety of the pyrotechnics, but also the protection of trees and bushes in the vicinity. This means being provided permission to clean, remove bad grass and soak the grass and surround trees with water before letting off the firework.”