Arnold Cassola asked the Ombudsman to investigate government inaction on an illegal backfilling of a quarry in Rabat.
“Despite numerous complaints to the Environment and Resources Authority (ERA), the Planning Authority (PA), the Building and Construction Authority (BCA), and the police, no action has been taken to address this illegal activity,” the independent politician said in his letter to the Ombudsman.
On Sunday, Times of Malta reported how a quarry that has been illegally backfilled to several storeys high is posing a “very dangerous situation” for a neighbouring farmer, who fears that falling boulders or a landslide could cause serious injury and damage to his property.
The Rabat quarry is subject to two active enforcement notices from the Planning Authority (PA) dating back to 2005 and 2009.
In April 2019, the Environment and Resources Authority (ERA) issued a stop-work order against the company that owns the quarry, Tlata Ltd. As a result, the quarry is subject to daily fines.
However, the quarry backfilling has continued.
In his letter to the Ombudsman, Cassola said that enforcement notices have been ignored and “authorities have failed to act promptly to mitigate the risks created in this situation.”
This failure has raised questions about the effectiveness of regulatory entities responsible for implementing environmental and planning laws, he said.
Cassola asked the Ombudsman to investigate why authorities, including the Planning Authority, ERA, the Building and Construction Authority (BCA), and police, did not take further enforcement action.
He also asked the watchdog to identify which government entities or individuals are responsible for not enforcing the law.
The independent politician also requests that the Ombudsman conduct an independent assessment of the current risks posed to neighbouring properties and the wider environment by the illegal dumping.
The Ombudsman should also recommend immediate steps to rectify the situation to protect third-party property and the environment at large.