In a controversial move earlier this month, the Environment and Resources Authority (ERA) accepted amendments to the Environment Protection Act imposed by the Ministry for the National Heritage, the Arts, and Local Government, which now practically gives the green light for the lighting of fireworks within 20 metres of protected areas.
Despite the recurring issue of tree destruction making headlines across the country, the government’s solution has been to amend the law to legitimize what was previously illegal.
Legal Notice 151 of 2024, published on 2nd July, modifies a previous prohibition on lighting fireworks near protected trees, now allowing fireworks to be ignited within 20 metres of such trees, provided “adequate measures” are in place. However, these measures are undefined, creating ambiguity and a significant loophole, placing the burden of enforcement on ERA.
New legal notice enacted without consultation allows fireworks to be ignited within 20 metres of trees
The regulations also lack stipulating the fines which offenders would have to pay if no adequate measures are in place and if the illegality leads to the unfortunate event of setting trees on fire. This is yet another loophole within the regulation and which ERA have been made aware of earlier this year, but to no avail.
With ERA already struggling to enforce existing regulations and rarely penalizing events where trees are damaged, including incidents involving fireworks, the new amendments to this legislation risk endangering even well-known wooded areas such as Buskett, where festivities are often held.
Moreover, Legal Notice 151 of 2024 was enacted after being presented to the Cabinet of Ministers on 2nd July by the Ministry for the National Heritage, the Arts, and Local Government on behalf of the Environment Ministry. No public consultation was held on the matter, despite its significant impact on the country’s natural heritage.
The absence of input from NGOs and the general public on this critical issue is alarming, particularly given the demonstrated public concern for tree conservation, as seen in past incidents such as the pruning and subsequent vandalism of trees in Mosta.
In response, eight environmental NGOs led by BirdLife Malta are calling for an immediate repeal of the law and the initiation of a proper public consultation process. These ENGOs urge the government to strengthen environmental laws and not to appease the agendas of individual ministries or lobby groups, thus protecting the broader interest of our national natural heritage.
Environmental organisations:
BirdLife Malta
Moviment Graffitti
Malta Ranger Unit
Flimkien għal Ambjent Aħjar
Din l-Art Ħelwa
Friends of the Earth Malta
Nature Trust-FEE Malta
Ramblers’ Association of Malta
Read the Maltese version of the press release here.