A farmer who was buried under rubble after a fireworks factory exploded next to his Kirkop field is fighting against plans to rebuild the structure. 

Eugenio Bugeja was tending to his chickens and rabbits when a series of explosions rocked the San Ġużepp fireworks factory on November 26 last year. 

The blasts killed Leonard Camilleri, 64, a fireworks enthusiast who was the factory’s licensee for several years.  

A piece of metal was lodged in Bugeja’s skin, and he was left waist-deep in rubble when a border wall between his field and factory collapsed in the blast.

Eugenio Bugeja was tending to his chickens and rabbits when a series of explosions rocked the San Ġużepp fireworks factory last year.

However, despite the incident, the Planning Authority granted the St Joseph Kirkop Band Club permission on July 3 “to reconstruct dangerous structures blighted by [a] fireworks factory explosion [that] occurred on-site”. 

Bugeja is now appealing that decision and has also taken legal action to “have peace of mind” on his property. 

“I want no one to suffer how we did or, God forbid, worse than us,” Bugeja said.

In the summer, he filed an injunction to stop reconstruction.

But, while judge Anthony Ellul acknowledged there was “an element of danger that is not small”, the court decided against Bugeja and his family because the band club had planning permits in hand. 

However, the fact that the permit was approved does not mean that it could not be contested by interested parties, the court said.

Bugeja is also appealing to the Planning Authority to revoke the permit.

He and his family argue the fireworks factory endangers their safety and that some of the structures that were destroyed or partially destroyed in the blast were illegal as they were built after 1994 and without a permit.  

Under Maltese law, fireworks factory structures built before 1994 do not need a planning permit. 

Bugeja is applying to revoke the permit, citing article 80 of the Development Planning Act. 

This legislation gives powers to the Planning Board to revoke a planning permit in cases of fraud, the submission of false information, an error or where public safety is concerned. 

A lawyer speaking on behalf of St Joseph Band Club said the band club is “adamantly refuting” the farmer’s allegations saying they are “unsubstantiated” and “baseless”.  

“All actions taken are fully in compliance with the law and court-issued orders,” she said. 

Asked when the Planning Board will be hearing the case, a PA spokesperson said: “Prior to the case being referred to the Planning Board, the request would need to be assessed.  We are not in a position to anticipate when such an assessment will be concluded”. 

Bugeja said that there is little health and safety oversight in fireworks factories and that structures are again being built right next to his farm without concern for safety. 

He also faced delays in his application, which he first attempted to lodge in July because he could not apply through the PA’s e-Applications system.

This is usually how permit revocation requests are made but a PA spokesperson acknowledged that the option is not available for dangerous structure applications such as the Kirkop fireworks factory. 

“This functionality was never programmed, however, we have taken note and it will be programmed in the coming months,” the spokesperson said. 

On Monday, the PA agreed that the application could be processed through email.