Various articles in the media have addressed aspects linked to the protection of wild trees. In this context, the Environment and Resources Authority (ERA) often comes under attack and is asked to defend various decisions or deliberations.
The case of the Dingli trees is one such case. The trees themselves are a line of carob trees planted along the edge of former agricultural fields, as is typical of many areas in the Maltese islands.
In this case, the trees happened to be located in an area already declared by parliament as within the development zone and on which a schemed road was already authorised through a Transport Malta roadworks permit.
This road has been planned as far back as the late 1980s and subsequently included in the Planning Authority’s local plans that were adopted in 2006.
In relation to environment protection, ERA’s role is linked to the protection allocation to various trees in the Maltese Islands.
Through the Trees and Woodlands Protection Regulations 2018, a total of 91 tree species are protected in Malta, most of which are protected in areas outside the development zone.
The 2018 regulations include a considerable strengthening of the legislation, with an increase of 33 additional tree species being protected by ERA when compared to the earlier regulations implemented by its predecessors. The 2018 regulations also govern the protection of old trees in urban public open spaces, for which permits are required.
One should, thus, consider that the discussions at ERA in relation to the Dingli trees were, and are, within such a legal and procedural context, noting that such a road was already approved since the late 1980s and the fate of the trees was already decided back then. In this respect, it was clear that ERA could only intervene within its legal remit.
Notwithstanding this, this specific case is interesting in prompting a debate over trees in urban areas and within development zones. With the need for more space and housing, coupled with an increase in population size, the uprooting of trees in favour of housing and development is seen by some as a negative move but by others as a necessity.
It is within such a context that ERA has to operate so as to seek a balance to ensure the well-being of Maltese residents and our visitors as well as the protection and management of our ecosystems.
Through the Trees and Woodlands Protection Regulations 2018, a total of 91 tree species are protected in Malta- Michelle Piccinino
Within such a balance, the Trees and Woodlands Protection Regulations and other legislation, under which ERA operates, offer different tools and options, including the protection of sites, habitats, trees and other species in urban areas. These also provide specific criteria for the designation of such protected areas, even if within the development zone.
Regretfully, even such a protection regime is often criticised, as is legitimate in a democratic country. ERA is often taken to the Environment and Planning Review Tribunal to justify protection regimes or otherwise.
As to this specific case, the issue is whether a line of trees, originally planted along field margins and now within a development zone, should deserve a stronger protection regime. ERA understands that there is considerable public discord on the extent of such protection, particularly when it comes to the urban areas and development zones.
While there is some form of a general consensus by the public on the protection of trees in the natural environment in rural areas and outside the development zone, such an agreement is absent when it comes to trees within the development zone.
As the law stands, different parameters apply and some trees may also be subject to different protection levels, both within and outside development zones, including designation as a tree protection area (TPA).
On the latter case, the criteria of the law are clear and aim at unique trees, assemblages or woodlands for important specific values: in this case, while the importance of this line of carob trees is not in question, should all the carob trees found along field margins in development zones be protected?
ERA firmly believes that a balance is required, which implies adequate protection to areas outside the development zone (ODZ), the promotion of issues linked with rural and urban biodiversity and the increase in awareness and citizen engagement on tree protection and other biodiversity issues.
ERA’s role often remains unseen, particularly in discussions held behind the scenes during assessment and screening processes in which suggestions are put forward by ERA to redesign a project to minimise or mitigate impacts. Considerable effort is also put by ERA to promote a green infrastructure, working in tandem with other entities to promote and construct green walls and promote landscaping.
New guidelines on landscaping, a protocol on forestation processes, as well as a strategy and related action plans on Maltese trees and woodlands are being devised by ERA to assist both the government in its work as well as planners, architects and the public in implementing afforestation and landscaping projects.
There again, notwithstanding such efforts, it is a pity that the response to the public consultation process on the landscaping guidelines and the trees and woodland strategy was very poor. Such a strategy is important in that it will provide Malta’s outlook and action from 2022 until 2030 to ensure long- term tree and woodland protection, with actions and deadlines being committed as part of the strategy.
If we are to ensure Malta is greener, let us focus our attention and ensure we do not miss the wood for the trees.
Michelle Piccinino, CEO, ERA