Updated 6.30pm with MTA reply

The Environment and Resources Authority has stopped works to build a jetty at Balluta Bay in St Julian’s due to a breach in the project’s permit.

On Saturday, a floating crane spud barge was spotted at Balluta Bay, where workmen were seen placing what looked like a metal beam to form part of the pontoon being built.

The project's ERA permit forbids any works involving such barges from taking place between the third week of May and third week of October. 

The permit states that “no works that involve the use of the floating crane spud barge, work boat or any marine machinery shall take place during the bathing season which starts from the third week of May and ends in the third week of October.”

An ERA spokesperson confirmed that ERA officers were on-site earlier on Saturday and stopped the works, due to a breach of conditions in the nature permit. 

"No request to change the respective permit condition has been received to date. The case is still being evaluated by ERA," the spokesperson said.

The floating crane seen on Saturday morning Photo: Jonathan Borg

The jetty works, are part of the development of hop-on-hop-off ferry service servicing the bay, run by Captain Morgan.

The project faces two appeals filed by objectors, one filed against ERA for issuing the nature permit and another against the Planning Authority for approving the jetty permit.

A video sent to Times of Malta showed works ongoing while swimmers tried to avoid the boat and works. 

Independent candidate Arnold Cassola alleged that the developers had tried to justify the works by claiming that the Malta Tourism Authority had given them "some sort of permit". 

“The Malta Tourism Authority has no role in trying to circumvent the permit conditions of another authority without any transparency,” he said.

Cassola went on to question whether the action “was in any way influenced by MTA CEO Johann Buttigieg, who was previously Planning Authority CEO.”

Works to render pontoon safe could not be done earlier because of weather - company

Replying to questions, a Captain Morgan spokesperson said that the company continued works on the St Julian’s pontoon in line with all the legal obligations and permits, and also under the watch of an environmental monitor.

“Due to adverse weather conditions, works to render the pontoon safe could not be carried out earlier in the month. According to ERA’s nature permit, works cannot extend beyond the ‘third week of May’ however, it is the MTA which determines when the official bathing season starts.”

“According to MTA, the ‘official Blue Flag bathing season and the summer break time (from demolition and excavation) starts on June 15.”

The architects had written to MTA requesting it to allow the contractors to carry out works on the landing place situated between St Julian’s Aquatic Sports Club and Neptunes WPSC until the works on the pontoon are completed for safety reasons. 

“MTA acceded to this and said the contractor’s request to proceed with the works to render the pontoon safe were being done before the official bathing season opened.”

When asked why ERA was not informed about the different permit, the spokesperson said that the architects sought guidance of the MTA, which determines the official bathing seasons.

“In the meantime, through its environmental monitor, the company has informed ERA of MTA’s official reply and has stopped works until it receives clarification.”

The MTA said in reply to questions late on Saturday afternoon that the company requested an extension with regards to the demolition and excavation breaktime in tourism zones.

"In the request, the extension was asked to be applicable from May 15. In the reply to this request, the MTA specified that the aforementioned breaktime is tied to the Blue Flag Bathing Season, which starts on June 15. For this reason, no sort of extension could be given by the MTA, since the requested May 15 start date was still within the set parameters."

Environment NGO Flimkien għal Ambjent Aħjar condemned what it said was the developers' attempts to violate their permit conditions.

It asked  why monitoring of such sensitive cases has to be done by citizens and not ERA, especially in light of the fact that some of Balluta's seabed never recovered from the dust deposited during the building of Portomaso.

Metal beam removed from the quary