Carmel Cacopardo

The land use planning reform currently subject to a public consultation, is, in practice, another amnesty. It gives one very clear message: why follow the rules? Just wait for the next amnesty, or the next set of amendments to the law, regulations or policy, or else the next round of “loophole creation” by the government advisors on land use planning.

This is what the land use planning reform is all about, notwithstanding all the crocodile tears and rhetoric which we have been bombarded with over the past weeks.

Carmelo Abela, Labour Party MP, last week in an interview carried in this paper emphasised that, regularisation is a clear admission that the country struggles with enforcement. The Hon Abela was very diplomatic. In fact, it is much worse than that. The country is not struggling with enforcement: on the contrary, there is a clear lack of political will to enforce the rules and implement policy and regulations.

Land use planning regularisation is clearly the punishment of those who have observed the law. Those who should be penalised are on the other hand are allowed to enjoy the fruit of their abuse. It is clearly a complete absence of the rule of law.

If we go back to 2016, when land use planning regularisation was introduced, you will find clear statements by Deborah Schembri, then Parliamentary Secretary for land use planning, that the Planning Authority would be drawing a line, beyond which enforcement will be timely. In fact, legal notice 285 of 2016 entitled Regularisation of existing development regulations 2016 clearly provides that the development which can be regularised “shall be the footprint which appears in the Authority’s aerial photographs of the year 2016.” (Regulation 4 of the Legal Notice).

The Prime Minister, Robert Abela, when explaining his line of reasoning to justify regularisation stated that he sympathised with those parents who were worried that their children would inherit property which they, the parents, had developed with irregularities. Instead of advising these parents on the merits of observing the law, Robert Abela opted to proceed to change the rules.

The new rules, in addition to retaining the regularisation of irregularities within the development zone, as already done through the 2016 regulations, adds another layer to the amnesty. It will now be possible to regularise ODZ development too, subject to a number of limitations. There will now be no discrimination. Ignoring the rules inside or outside the development zone you will have almost the same rights to enjoy the fruits of your abuse. Clientelism has delivered another blow to the rule of law.

The first step to apply an amnesty to ODZ irregularities was made through Legal Notice 90 of 2023 as a result of which developments partially outside the development zone (ODZ) could benefit. There was obviously a demand for much more.

This amnesty competes with the rationalisation exercise of 2006 in inflicting the widest possible damage to land use planning and quality of life in Malta. It is a result of clientelism which is embedded in Malta’s political culture. This is what the Parliamentary parties can offer. As a result, in Malta, environmental crime pays. Just wait, patiently, until the next amnesty. You will definitely not be disappointed.

There is just one alternative to all this stinking amnesty. It is tough and is known as “good governance”.  It means ditching clientelism, slowly building practically from scratch a rules-based land use planning system which is transparent, democratic and accountable. The rule of law, so basic to parliamentary democracy is essential in land use planning too.

Carmel Cacopardo, Deputy Chairperson ADPD-The Green Party

published in The Malta Independent on Sunday: 7 September 2025