Malta Environment & Planning Authority Malta Minerals Subject Plan for the Maltese Islands 2002 Final Report May 2003 Entec UK Limited Report for Malta Environment & Planning Authority St Francis Ravelin Floriana PO Box 200 Valletta CMR01 Malta Main Contributors Ian Cromie Martin Cole Malta Environment & Planning AuthorityMalta Malta Environment & Planning Authority Malta Minerals Subject Plan for the Maltese Islands 2002 Final Report May 2003 Issued by Entec UK Limited ………………………………………………………… Ian Cromie Approved by ………………………………………………………… John Hall Entec UK Limited 160-162 Abbey Foregate Shrewsbury Shropshire SY2 6BZ England Tel: +44 (0) 1743 34200 Fax: +44 (0) 1743 342010 h:\projects\hm-250\00438 malta\docs\rr120i6.doc Certificate No. FS 13881 In accordance with an environmentally responsible approach, this report is printed on recycled paper produced from 100% post-consumer waste. i Executive Summary Over successive generations, the development of the urban fabric in the Maltese Islands has relied on locally produced minerals. This remains true today and will remain so in the future. It is essential, therefore, that there is an adequate supply of minerals and that extraction and related activities are carefully planned in the interests of the environment and the Islands’ inhabitants. This Minerals Subject Plan, which covers a 10 year period from 2000 to 2010, represents the first attempt by the Malta Environment & Planning Authority to put in place a comprehensive framework to provide for the future supply of minerals and to control the impacts of extraction. The minerals industry in the Islands is dominated by the extraction of limestone for use in construction. This Plan concentrates on this sector, although some consideration is given to clays and oil and gas. Other minerals such as the phosphate resource are not covered in any detail as extraction of other resources is not considered economically or environmentally feasible. There has been a history of salt extraction, but processing of applications for salt pan facilities or extensions to existing facilities are rare. The current Structure Plan Policies adequately address such related forms of development. The limestone industry is divided into two components: the hardstone industry, which extracts the Islands’ Coralline Limestone resources for use as aggregates; and the softstone industry, which extracts the Islands’ Globigerina Limestone resources (known locally as Franka) for use as building stone. Ensuring the supply of minerals to the construction industry is an important element of this Plan and the Malta Environment & Planning Authority is committed to periodically reviewing the demand for, and the supply of, minerals. This Minerals Subject Plan addresses the future supply of both hardstone and softstone in the context of available data on production and reserves. The industry is characterised by a large number of operators and sites which, until recently, have not been subject to comprehensive controls. Police licences for quarrying were, until 1992, the sole means of control and licences included few conditions and no provision for effective site restoration. Since then, many quarries have been brought within the control of the Malta Environment & Planning Authority and new development permits provide for comprehensive controls. This Minerals Subject Plan formulates policies and recommendations aimed at extending planning controls across the industry. A related concern is that of monitoring and enforcement. Enforcement is generally weak, which reflects a more general problem facing the Malta Environment & Planning Authority in all sectors. Illegal quarrying and related activities have occurred at many sites and the sheer number of quarries (particularly softstone quarries), means that the effective monitoring of licence and permit conditions is difficult. The control of minerals development is subject to the same controls as other forms of development and planning legislation does not reflect the longer-term and continuous nature of the minerals development process. This Plan recommends a review of the legislative system to address these issues. Historically, statistics on minerals production have not been comprehensive, while there have been no figures for consumption or consented reserves. The Malta Environment & Planning Authority has undertaken research, based upon aerial photography, to better establish a database c:\temp \mineral sp\final approved 29 may 03.doc May 2003 ii on production and reserves and it has been concluded that there exists an adequate supply of consented hardstone and softstone for the Plan period and beyond. For this reason, there is a presumption against the development of any new quarries. However, in recognition of the fact that the data may not be entirely accurate, the adopted strategy presumes against new quarries only until the first review of the Plan (a period of around 5 years) by which time it is hoped that the database will have been improved. A framework is also put in place to guide quarry extensions. Policies are also formulated to seek to increase the contribution of alternative supplies, particularly through the recycling of inert construction, demolition and quarry wastes. The Solid Waste Management Strategy includes challenging targets on the reduction of construction and demolition wastes as well as their recovery and the emerging ‘Space for Waste - The Waste Management Subject Plan’ includes policies to facilitate these targets. This Plan addresses the potential to locate recovery facilities within operational quarries as well as recognising that these wastes play an important role in site restoration. Environmental protection is a priority for this Minerals Subject Plan and the development control framework seeks to protect scheduled sites. It also seeks to protect environmental capital, such as agriculture, landscape, and water supplies, as well as the Maltese population through the control of site operations that may cause disturbance. This control is essential for the sustainable development of the industry. Priority is also given to site restoration and policies are formulated to seek to improve on current practice. In the longer-term, this Plan encourages industry to be more pro-active and points to the need for a single representative trade organisation. The fragmented nature of the industry does not facilitate its development in terms of technologies, best practice and improving environmental standards. Nor does it facilitate effective liaison between Government and industry. The first review of the Plan will consider the advancements made by industry and, if necessary, introduce further controls aimed at improving its environmental performance. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 iii Contents Part A: Background 1. 2. 3. The Need for a Minerals Subject Plan 1 Introduction 1 The Minerals Industry Topography and Geology 2 2 Key Issues 4 Contents 4 Purpose and Scope of the Plan 7 Introduction International Policy 7 7 Policy Framework for Minerals Extraction in the Maltese Islands 8 Development Control Framework Timescales of the Plan, Monitoring and Review 8 9 Objectives, Methodology and Land Use Strategy 11 Objectives and Methodology 11 Land Use Strategy 12 Part B - Current Context 4. The Minerals Industry 15 Introduction 15 The Hardstone Industry 15 The Softstone Industry 18 Minerals Production Conclusions 21 23 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 iv 5. 6. 7. Minerals and the Economy: Demand and Supply 25 The Construction and Quarrying Industry in the Maltese Islands 25 Future Need for Hardstone and Softstone Meeting the Demand for Construction Materials 27 28 Economic Issues 37 Conclusions 39 Minerals and the Environment 41 Context Spatial Impacts 41 41 Operational and Social Impacts 47 Conclusions 53 An Analysis of the Existing Policy and Regulatory Framework 55 Introduction 55 International Policy 55 National Minerals Policy Local Plan Policy 56 57 Development Control 57 Environmental Impact Assessment 60 Restoration, Landscaping and Bonding Mechanisms Issues in the Regulatory System 62 65 Conclusions 68 Part C - Policies 8. Hardstone and Softstone Policies 71 Introduction 71 Statistics on the Minerals Industry 71 New Sites Extensions to Existing Quarries 72 72 Balancing Need and Environmental Impact 73 Safeguarding Resources Alternative Supplies 74 75 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 v 9. General Development Control Policies 79 Introduction 79 Code of Practice for Quarry Working and Restoration Regulating Unconsented Quarrying 79 79 Information in Support of Planning Applications 80 Operators Record Mineral Exploration 81 81 Requirement for an Environmental Impact Assessment (EIA) 82 Sensitive Areas Water Resources 84 85 Agriculture 86 Protecting Amenity Coastal Erosion and Flooding 86 91 Cumulative Impacts 91 10. Reclamation 93 Introduction 93 The Reclamation Process 94 General Requirements Reclamation of Existing Sites 94 96 Strategic Restoration Guidance 97 11. Other Minerals 103 Oil and Gas 103 Blue Clays 104 Part D - Implementation, Conclusions and Recommendations 12. Implementation General Resources c:\temp \mineral sp\final approved 29 may 03.doc 109 109 109 May 2003 vi 13. Conclusions and Recommendations 111 Conclusions 111 Recommendations 111 Table 3.1 Table 4.1 Table 4.2 Table 4.3 Table 4.4 Table 4.5 Table 5.1 Table 5.2 Table 5.3 Table 5.4 Table 5.5 Table 5.6 Table 5.7 Table 5.8 Table 5.9 Table 6.1 Table 6.2 Table 6.3 Table 7.1 Table 9.1 Table 11.1 Table 12.1 Table 12.2 Table 12.3 Objectives and Methodology Hardstone Quarries in Malta and Gozo Hardstone Quarries by Locality Softstone Quarries in Malta and Gozo Softstone Quarries by Locality Quarry Recorded Output 1980-1994 Sectoral Contribution to GDP at Factor Cost Employment in Construction and Quarrying Employment in Mining and Quarrying in 1996 by Establishment Size Population and Household Changes 1985-2010 Constraints Considered by the Minerals Resource Assessment Number of Target Areas by Resource Classification Target Areas Summary Potential Resource by Classification Priority 1 Target Areas SAIs Scheduled 1994-1998 AAIs Scheduled 1997-1998 Number of Natural Areas Protected Scheduled 1994-1997 Use of Restoration Guarantees in Other European Countries Dust Emissions and Control Oil and Gas Developments: Summary of Potential Environmental Impacts Key Actions in Implementing the Minerals Subject Plan: 0-5 years Key Actions in Implementing the Minerals Subject Plan: Years 5-10 Key Actions in Implementing the Minerals Subject Plan: Years 10+ 11 18 18 21 21 22 26 26 27 28 29 30 32 33 33 42 43 44 64 90 105 110 110 110 Plates Plate 1 Plate 2 Plate 3 Plate 4 Plate 5 Plate 6 Plate 7 Hilton Hotel Typical Hardstone Quarry Historic Softs tone Construction Extraction of Softstone Softstone Quarry on the Gozo Coast Hardstone Quarry on the Victoria Lines Restoration to Agriculture Figures Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Geology Map of Malta Geology Map of Gozo and Comino Malta and Gozo Hardstone Quarries Malta and Gozo Softstone Quarries Minerals Resource Assessment: Borehole Locations Minerals Safeguarding Areas Appendices Appendix A Appendix B Appendic C Appendix D Structure Plan (1990) Mineral Policies and Review Minerals Subject Plan Policies Quarry Working: Standard Conditions Selected Bibliography Annexes (see separate document - Supporting Documentation) Annex 1 Annex 2 Annex 3 Quarry Boundaries Production Estimates Code of Pr actice for Quarry Working and Restoration c:\temp \mineral sp\final approved 29 may 03.doc May 2003 1 1. The Need for a Minerals Subject Plan Introduction The key mineral extracted in the Maltese Islands is limestone. Limestone is extracted from quarries in Malta and Gozo and is used primarily in the construction industry, which requires a reliable supply of materials to be used in housing, roads, schools, hospitals and other aspects of the Islands’ infrastructure. As a result, minerals extraction is an integral and important element of the Maltese economy. Quarrie d materials are also used in the production of lime for mortars and agriculture and ‘marble’ for decorative uses. Clays have been extracted for use in the manufacture of pottery. In addition, cliff fall boulders have been used as armourstone for sea defences. Other potential mineral resources include: oil and gas and there has been both offshore and on-shore exploration; together with phosphate resource, although the exploitation of this resource is not considered economically or environmentally feasible. Solar salt has been produced in Malta on a small scale since very ancient times when use was made of small evaporation pans which were dug out of solid rock in close proximity to the shoreline. While Malta does not lack the required meteorological conditions for salt production, the same is not true with regard to the need for relatively extensive flatter areas close to the shoreline. In addition, there is limited potential for access to foreign markets that would be necessary to feasibly run such an operation on an industrial scale The limestone resource supports a largely self-sufficient building and construction sector, although cement has traditionally been imported. Successive generations have exploited the Lower Globigerina Limestones (hereafter referred to as softstone) as a source of construction material and the majority of the buildings are either constructed of, or are faced with, softstone blocks. The manufacture of concrete and bituminous coated roadstone is a relatively recent industry that exploits the Islands’ Coralline Limestone resources (hereafter referred to as hardstone). The extraction of minerals does come at a cost. In such small and densely populated Islands there are inevitable land use conflicts between limestone extraction and tourism; industrial, commercial and residential development; and the preservation of the Islands’ natural and cultural resources. Balancing the needs of the construction industry for mineral resources with other planning and environmental policies, in the context of sustainable development, is a key challenge for this Minerals Subject Plan and for the day-to-day control of extraction and related activities. Until the introduction of the planning system in the early 1990s, the control of minerals developments rested with the Police licensing system and many of the Islands’ mineral sites are still controlled solely through licences. The result has been that many of the operational and restoration standards that are now common in the issue of new development permits have not been applied to the older sites. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 2 The Minerals Industry There are 28 hardstone quarries and 66 softstone quarries on the Islands, with additional disused sites. The softstone quarries are relatively concentrated and the key areas include Mqabba and Siggiewi on Malta and Dwejra on Gozo. The hardstone quarries are less concentrated and are found in areas along the west and northwest coast of Malta and in central areas along Wied ilGhasel and Mosta/Naxxar. Other hardstone quarries are found to the south of Malta, Rabat and to the east of Gozo. Large scale production of salt started around the mid nineteenth century, through the construction of a number of large capacity salt evaporating pans at Salina Bay, to the North of Malta. Salt production from this facility reached it peak around 1867, with about 75% of the salt produced being exported. Salt production from the Bay dropped sharply after January 1979, when the pans and the entire facility suffered severe damages as a result of a storm. Presently only maintenance works are carried out on existing small scale coastal salt pan facilities scattered along the Maltese low lying shoreline. Processing of applications for additional salt pan facilities or extensions to existing facilities are rare. The current Structure Plan Policies adequately address such related forms of development. Data on hardstone and softstone production has not been comprehensive in the past and there is no nationally agreed database. Research undertaken by the Malta Environment & Planning Authority indicates that production from the mid 1990s was around 0.7 million tonnes of softstone per annum and 1.9 million tonnes of hardstone. This research differed from previous estimates which were much higher, at 1.6 million tonnes for softstone and 3.6 million tonnes for hardstone. Improving this database with full industry support is a critical issue addressed in this Plan. There are fundamental differences between the softstone and hardstone industries on the Islands and for this reason they are considered separately in this Plan. One thing they have in common, is the fact that for the most part, the quarries are in private ownership, run by individual businesses that usually comprise single operational units. Many of the hardstone quarries include concrete batching plants (of which there are 35 on the Islands) and tarmac plants (of which there are 9), and some are operated by larger industrial concerns. The large number of operational units and enterprises means that the continuous control of activities through monitoring and enforcement is problematic for the Malta Environment & Planning Authority. This is particularly true for the softstone industry. The lack of compliance with licence and planning conditions, together with evidence of illegal quarrying activity outside permitted boundaries, reinforces the need for an effective monitoring and enforcement system. Topography and Geology Limestone extraction can only occur where the minerals are found. As a result, land-use conflicts will often arise, together with social and environmental impacts. Extraction will often occur in exposed or ecologically sensitive areas, where there will be landscape, visual and nature conservation impacts; or close to residential areas where operational impacts from noise, vibration and dust will be a concern. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 3 The Island of Malta can be divided along the Victoria Lines escarpment, which is north facing and runs broadly in a southwest to northeast direction. To the south of the Victoria Lines is: • The lower lying eastern area, comprising the main population centres; • The western area, where the land rises sharply and includes the karstic limestone plateau, the Dingli-Rabat Plateau, and the western cliffs. In terms of minerals extraction, urban development is an important constraint to the east, while there are sensitive areas to the west scheduled for their ecological or landscape importance. North of the Victoria Lines and beyond the escarpment, there are a series of ridges and valleys with steep sides and rugged limestone exposures. Gozo is substantially bounded by a steep coastline and comprises a plateau dissected by dry valleys. Areas to the north of the Islands are particularly constrained ecologically, while the coastal and exposed location of many quarries, particularly on Gozo, means that landscape and coastal impacts are key concerns. Inevitably, urban and other forms of development, together with the identification of important natural and cultural sites and areas, result in a reduction in the Islands’ exploitable limestone resources. In terms of geology, the Maltese Islands are comprised largely of marine sedimentary rocks, mainly Tertiary limestones. Figure 1 for Malta and Figure 2 for Gozo provide an outline of the Islands’ geology. In summary, the geological succession on the Islands runs as follows: • Upper Coralline Limestone, the youngest; • Greensand; • Blue Clay; • Globigerina Limestone; • Lower Coralline Limestone, the oldest. The sequence comprises sediments deposited some 26 to 27 million years ago. The Lower Coralline Limestones are the oldest and the outcrops are, in the main, confined to cliff faces which bound the Islands to the west and southwest, together with valley sides. There are some exposures related to fault emplaced blocks known as inliers. The inliers and coastal exposures both contain hardstone quarries. Inland, the Upper Coralline forms barren grey limestone pavements on which karstland develops. Next in the sequence are the Globigerina Limestones, associated with the open, easterly dipping landscape of central and eastern Malta and the undulating plains of Gozo. They are divided between the Lower, Middle and Upper Globigerina Limestones and it is the Lower Globigerina that has provided the stone used in the softstone industry. The Globigerina Limestones are the most extensive exposed formation. Neither the clays nor the sands have been exploited to any significant degree in the past. Blue Clays have an important role in creating perched aquifers, as they form an impervious base to the water-bearing Greensand and Upper Coralline Limestones. These provide important water supplies, notably for agriculture and can facilitate the establishment of types of flora and fauna c:\temp \mineral sp\final approved 29 may 03.doc May 2003 4 that are comparative ly rare on the Islands. They are more extensive in Gozo and to the north of Malta. The Upper Coralline Limestone is the youngest in the formation and occupies the areas of higher ground. Their occurrence is characterised by a rugged limestone pavement of a karstic nature and they outcrop in the high ground in the west and northwest of Malta, the Dingli-Rabat Plateau, the ridges north of the Victoria Lines and the hill tops and plateaux of Gozo. These areas tend to be particularly sensitive in terms of ecology. Key Issues The key issues that are addressed in this Plan are as follows: • The development of the minerals industry in a manner that is consistent with the principles of sustainable development; • The need to maintain a steady supply of construction materials, whilst securing the best balance of social, economic and environmental costs; • The consideration of alternatives to primary materials, including recycling; • The consideration of other land use issues and constraints to the development of the minerals industry; • Minimising the environmental impacts associated with quarrying; • The need to deal with inactive or abandoned sites and unconsented quarrying; • The need to develop a framework for the restoration of quarries and a consideration of the constraints that may hinder restoration; • The need to improve the effectiveness of the current regulatory structure in securing a sustainable quarrying industry. Contents The Minerals Subject Plan is structured as follows: • Part A: Background; this section explains the background to and the need for a Plan together with the overall approach and strategy; • Part B: Current Context; this section focuses on the current nature of the minerals industry, its economic contribution, demand and supply, the environmental and social issues governing current and future extraction, and issues in the prevailing regulatory regime; • Part C: Policies; this section details the policies of the Plan covering hardstone and softstone, development control, reclamation and other minerals (oil and gas and blue clay); c:\temp \mineral sp\final approved 29 may 03.doc May 2003 5 • Part D: Implementation; Conclusions and Recommendations: this concluding section includes actions required to implement the Plan in the short, medium and longer term and a series of recommendations on issues not suitable for inclusion as policies in the Plan. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 6 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 7 2. Purpose and Scope of the Plan Introduction Section 24 of the Development Planning Act (1992) provides for the preparation of Subject Plans with regard to issues that require more detailed analysis than that provided by the Structure Plan (1990). Policy MIN7 of the Structure Plan committed the Malta Environment & Planning Authority to prepare a Minerals Subject Plan. The aim of this section is to identify the policy background which this Minerals Subject Plan must have regard to. Attention is paid to international policy and regulations, particularly those of the European Community, in view of the potential accession of the Maltese Islands. The policy and regulatory framework for minerals extraction on the Islands is assessed in more detail later. This section also outlines the timescale for the Plan and its review. International Policy It is important that planning policy for the Maltese Islands considers developments in international policy for planning and the environment. Key principles such as sustainable development and enhancing biodiversity, are currently at the heart of the international agenda, influencing policy and legislation emanating, for example, from the European Union. In recent years, there have also been concerns about political, economic, environmental and social issues within the Mediterranean states, and the Council for Europe has been particularly active. There are notable imbalances between the southern and northern states. As an example, nearly half of the population in the Mediterranean region is found within Spain, France, Italy and Greece and these countries control nearly 90% of total Gross Domestic Product (GDP). Key environmental concerns include those relating to the water environment and pollution in the Mediterranean Sea. In the context of minerals extraction, the European Union issues Directives which have legislative implications for Member States. A notable example is the Directive on Environmental Impact Assessment, while others include Directives and proposed Directives relating to noise, vibration, waste and the protection of water resources. Should the Maltese Islands join the European Union, then many of the Directives will have a direct effect on the existing regulatory system, while others will be required to be implemented through new national legislation. These are considered in more detail later. It is the purpose of this Plan to ensure that policy development for the minerals industry on the Islands has regard to emerging international policy. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 8 Policy Framework for Minerals Extraction in the Maltese Islands The need for a strategic planning framework for the minerals industry has been recognised for many years and was an important issue considered during the preparation of the Structure Plan. As noted above, one of the recommendations of the Structure Plan was that a Minerals Subject Plan should be prepared. This Plan is therefore aimed at providing a policy framework to guide the future development of minerals on the Isla nds, and to provide greater detail to the existing and future Structure Plan minerals policies. Appendix A provides a review of the implementation of the Structure Plan policies. The Minerals Subject Plan has not been prepared in isolation from other policy documents, as consistency between plans is important. Regard has been had to the Structure Plan and its ongoing review, the emerging ‘Space for Waste - The Waste Management Subject Plan’ and the various Local Plans for the Islands. However, the Minerals Subject Plan has not been overly constrained by existing policy documents, as the political, environmental, economic and social climate is constantly changing, and it is a function of this Plan to review and update existing adopted policies. The Minerals Subject Plan will play an important role in the review of the Structure Plan and its contents should be considered in the review of Local Plans. The relationship between Local Plans and the Subject Plan is important in terms of the potential conflict between built development and potential mineral resources, particularly where those resources are thought to be economically important. Local Plan policies covering minerals must have regard to the Minerals Subject Plan, while general development control policies in Local Plans should take account of the location of potential mineral resources as identified in this Plan. Development Control Framework A key function of this Plan is to set out the detailed development control framework for the future development of minerals. The policies in this plan are important material considerations in determining applications for development permits, guiding the range of issues that need to be addressed in determining applications for extraction and assisting in the formulation of planning conditions when granting development permits. A related issue is the identification of potential weaknesses in the current regulatory system, which are highlighted in Section 7 and discussed in the recommendations in Section 13. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 9 Timescales of the Plan, Monitoring and Review This Plan covers a ten year period, from 2000 to 2010. It is important that minerals demand and supply issues are reviewed on a frequent basis, together with environmental policies and standards and advances made by industry. The Plan will therefore require regular monitoring and review and it is proposed to undertake a review within five years. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 10 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 11 3. Objectives, Methodology and Land Use Strategy Objectives and Methodology Table 3.1 provides a summary of the objectives of the Minerals Subject Plan and the methodologies adopted to meet the objectives. Table 3.1 Objectives and Methodology Objective Methodology To undertake a review of minerals demand and supply issues. Industry, through its representative bodies, were approached to collate figures on resource production, reserves and consumption. Detailed information has yet to be forthcoming. The Malta Environment & Planning Authority has completed research to better estimate production and reserves. Future demand is predicted based on extrapolating past trends. Other published information was obtained from trade and industry statistics. To review minerals extraction and processing operations on the Islands and guide future development. A series of site visits was undertaken throughout the Islands together with a review of the Minerals Resource Assessment. The Minerals Resource Assessment has been utilised to assess likely future development areas and to frame policies to safeguard resources from sterilisation. To develop a policy framework for the control of future minerals development. An analysis of the legislative and policy context for minerals extraction was undertaken. Development control policies cover all aspects of the extraction process and future development policies have evolved from the demand and supply review and the findings of the Minerals Resource Assessment. To introduce the principle of sustainability in all stages of minerals related development. The Plan has addressed the following key sus tainability issues. First, how can alternative supplies, including recycling, contribute to future needs for construction materials and reduce the reliance on the primary resource? Second, what measures need to be introduced into the development control framework to ensure that the extraction process is made more sustainable? Third, what constraints are there to the future development of minerals on the Islands in terms of issues such as ecology, cultural heritage, landscape and water resources? Finally, how can the restoration of quarries contribute to the broader sustainability and land-use objectives on the Islands? To prevent the sterilisation of resources. The Plan includes policies to ensure that economically exploitable resources are not sterilised. To minimise wastage and maximise the re-use of waste materials. The Plan has considered the findings of the emerging ‘Space for Waste Waste Management Subject Plan’ in considering the potential use of inert quarry, demolition and construction wastes . Policies are included to encourage the use of all suitable materials in construction or site restoration. To protect the environment and the amenities of residents. The development control framework has been aimed at minimising the impact of developments on environmentally important areas and minimising the impacts of noise, dust, visual intrusion and so on. To ensure that restoration is carried out and to provide a restoration strategy. The background studies have included a review of restoration prac tice and constraints to ensuring adequate restoration. The Plan develops broad brush restoration strategies on an area basis. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 12 Land Use Strategy Guiding Principles The following points set out the guiding principles for the land use strategy of this Minerals Subject Plan: • Limestone suitable for use in construction is nationally important and relatively scarce and will be protected, wherever possible, from development that would sterilise the resource; • The future exploitation of the minerals resource will be controlled, having regard to its scarcity and with a view to minimising all adverse environmental and social impacts and effects; • The contribution of alternative supplies of aggregates will be investigated with a view to husbanding primary minerals and securing the continuation in the supply of construction materials in the longer-term. Alternatives include: - Recycling construction, demolition and quarry wastes; - The potential importation of aggregates; - Other potential supplies such as deep-mining; • The development of the Islands’ minerals resources will have regard to important natural and cultural assets; • All quarries will be restored within a broad land use framework and should seek a sustainable re-use of worked-out land; • The quarrying industry will develop over the period of the Plan into a more sustainable industry and the policies and recommendations in this Plan will provide a framework for this development; • The Malta Environment & Planning Authority will seek to establish an adequate database on minerals production and reserves; • The Malta Environment & Planning Authority will review provisions for the monitoring of quarries and enforcement of planning conditions and legislation. Strategy The land use strategy for this Minerals Subject Plan is as follows: i) Minerals Supply • There is a presumption against the development of new quarries until the First Review of the Plan; • A framework is established for the potential extension of existing quarries; • Minerals Safeguarding Areas are identified, based on current knowledge, where there is a presumption against development that would sterilise the resource; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 13 • Recycling is encouraged through the potential location of facilities within quarries; • Encouragement is given to the further investigation of alternative supply sources. ii) The Environment • The most important natural and cultural assets will be protected as inviolable; • The amenity of the Islands’ inhabitants will be safeguarded through minimising all environmental impacts; • Environmental compensation and wider community benefits will be provided through the effective and appropriate restoration of all quarries. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 14 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 15 4. The Minerals Industry Introduction This section sets out the current situation in respect of the minerals industry, its operations and working practices. The focus is on the extraction of limestone. The limestone extraction industry in the Maltese Islands is characterised by a large number of small operators and sites, particularly in the softstone sector. As discussed in detail in Section 7, prior to the introduction of the Development Planning Act, sites were regulated solely through the Police licensing system, with limited consideration given to appropriate site management practices, including the protection of amenity and site restoration. The quarries on the Islands may be classified into one or more of the following: • Active quarries: most operate under Police licences and many under development permits issued by the Malta Environment & Planning Authority; • Inactive quarries: these are quarries that are not currently operational, but which may be reactivated in the future, as there are reserves remaining; • Restored quarries: these are quarries that are no longer operational, and restoration, to a greater or lesser extent, has occurred; • Abandoned quarries: these are quarries where no working is expected in the future and where no restoration has occurred; • Suspended quarries: these are quarries in which the Malta Environment & Planning Authority has suspended operations. For the most part, the quarries on the Islands do operate under licences and/or permits, although there is evidence of unlicensed activities. The Hardstone Industry The Islands’ hardstone resource can be viewed in two broad categories: • First quality, which is hard and scarcely-porous, with good weathering characteristics; • Second quality, which is softer, more porous and less resistant to weathering. The Coralline Limestones are extremely variable in nature and generally compare unfavourably with crushed rock used in construction in other countries. This includes factors such as strength when used in concrete and polished stone value (PSV) when used in road construction and maintenance. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 16 The demand for hardstone is linked to activity in the construction industry and private and public sector in vestment in buildings and infrastructure. The key markets for hardstone aggregates are: • The manufacture of concrete products (ready-mix concrete, pre-cast structures and blocks); • Building and civil engineering projects; • Road building and maintenance. Major projects such as the Hilton Hotel and the Manoel Island scheme can consume significant quantities of materials, while the on-going programme of road construction and maintenance will continue to consume large quantities of aggregates. Plate 1 Hilton Hotel Compared to the softstone industry, the extraction of hardstone for use as aggregates is a relatively new industry and incorporates more modern techniques, notably blasting. The rock is also not simply extracted and used, rather it requires crushing, grading and further processing to manufacture aggregates and downstream products. Sites are therefore often characterised by ancillary developments in the form of plant and associated infrastructure. Hardstone sites will often include concrete batching and/or asphalt coating plants, garages/hangers, and laboratories. Quarries tend to have fairly steep vertical faces and benching of the faces has not been standard practice in the past. This makes site restoration difficult. In summary, the extraction of hardstone for use as aggregate comprises the following operations: • Site preparation, including soil stripping, the removal of overburden, and establishing the site access and infrastructure; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 17 • Blasting to remove the rock from the quarry face (the amount of material removed in any one blast will depend on restrictions imposed by the licence, however, a typical blast would remove around 200 m3 ); • Secondary breaking as required, using hydraulic hammers; • Loading the material with wheeled shovels (gafef) onto dump trucks; • Transporting the material to the crushing plant via hoppers; • Crushing the material through primary and secondary crushers; • Stockpiling; • Where there are concrete batching or asphalt coating plants, transporting the material to those plants; • Transporting the aggregate off-site in lorries with a typical load of 20 tonnes; • Transporting the concrete and/or the asphalt off-site. Plate 2 Typical Hardstone Quarry Review of Current Workings As previously noted, there are 28 hardstone quarries on the Islands supplying aggregates for construction uses, not including sites that are no longer operating or have been suspended. Their broad location is illustrated in Figure 3, while Annex 1 of the ‘Supplementary Documentation’ provides the site boundaries. Annex 2 of the ‘Supplementary Documentation’ indicates where quarries have extended beyond their permitted boundaries. Table 4.1 summarises the status of hardstone quarries in Malta and Gozo. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 18 Table 4.1 Hardstone Quarries in Malta and Gozo Unlicensed or Suspended Quarries1 Malta Gozo Licensed and Active Quarries Malta Gozo 23 5 3 1 Source: Malta Environment & Planning Authority August 2001 1 Note that this does not include unlicensed activities at sites, such as the erection of plant or working outside permitted boundaries. Hardstone quarries currently cover an area of around 1.37 km2 . Table 4.2 provides a breakdown of the location of hardstone quarries by locality. Table 4.2 Hardstone Quarries by Locality Locality (by Local Council) Number of Quarries Total Area m 2 Attard 1 56 760 Mellieha 1 39 140 Mgarr 2 60 725 Mosta 1 35 540 Naxxar 4 214 953 Rabat 1 42 770 Siggiewi 7 429 280 Swieqi 1 27 350 Zebbug 1 60 180 Zejtun 1 82 190 Zurrieq 3 123 620 Gozo (Kercem) 1 21665 Gozo (Qala) 2 50 712 Gozo (Sannat) 1 11 902 Gozo (Xaghra) 1 6 424 28 1 263 211 Total Source: Malta Environment & Planning Authority, August 2001 The Softstone Industry The softstone resource can be viewed in four distinct elements: • The best quality monumental stone; • First qua lity building stone used for built development such as housing; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 19 • Second quality building stone used for boundary walls etc; • Poorer quality building stone used in foundations and as fill. The aesthetic quality of the material has been a key consideration in the use of softstone in construction and there has been a high demand for the whiter resources that have a consistent colouring. Apparently minor variations in colour can result in wastage, as stone with a substantial volume of yellow or pitted/stained elements is not sold as easily. Decisions on material quality tend to be made at the quarry face, based on the trained eye of the operator and the amount of waste generated is relatively high. Plate 3 Historic Softstone Construction Softstone will not generally be subject to the wide fluctuations in demand that can be experienced in the hardstone sector, the latter being particularly affected by substantial ‘one-off’ projects. The aesthetic quality of softstone means that there will be a continued demand for softstone blocks, either for construction or for cladding. Demand has been, and will be, constrained by the development of concrete products on the Islands and the likely construction of higher rise buildings in the future. Softstone will only tend to be used in buildings that are up to 6 to 8 storeys in height. While there have been technological advances in softstone extraction over the last few decades, it remains a relatively basic industry. In the past, the stone was cut in situ by hand. Today, the stone is cut using automated sawing machines. The blocks are cut to specific sizes which, after suitable curing, are delivered directly to construction sites. Some of the best quality stone continues to be used for fine carving and the restoration of prestigious buildings and historic monuments. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 20 The limited equipment and plant at softstone quarries, will usually comprise sawing machinery, facing machines, conveyors and lorries. The after-use of quarries is restricted by the profile of quarries, whic h have steep vertical faces. This results from a series of deepening operations cutting stone from the quarry floor, together with lateral operations cutting stone on valley sides. In summary, the extraction of softstone comprises the following operations: • Site preparation, including the removal of soil and overburden; • Cutting the stone using vertical and horizontal saws, suitable for use as building blocks, steps, slabs or lintels; • Curing or facing the stone; • Loading the stone by hand onto conveyors, which in turn transport the stone onto lorries; • Transporting the stone off-site. Plate 4 Extraction of Softstone Review of Current Workings There are 66 active or licensed quarries on the Islands, 57 in Malta and 9 in Gozo, not including sites that are no longer operating or have been suspended. Unlike the hardstone quarries, they are relatively concentrated and, in the main, located in the following areas (as illustrated in Figure 4): • The area around Mqabba; • The area around Siggiewi; • To the west of Gozo known as Dwejra. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 21 Annex 1 of the ‘Supplementary Documentation’ provides the site boundaries while Annex 2 indicates where quarries have extended beyond their permitted boundaries. Table 4.3 summarises the status of softstone quarries in Malta and Gozo. Table 4.3 Softstone Quarries in Malta and Gozo Licensed and Active Quarries Malta Gozo Unlicensed or Suspended Quarries Malta Gozo 57 3 9 01 Source: Malta Environment & Planning Authority, August 2001 1 Note that many softstone quarries are operating in adjacent areas illegally without permits. Table 4.4 provides a breakdown by locality in terms of area covered by the softstone industry as at 1999, illustrating that softstone quarries cover around 1.18 km2 . Table 4.4 Softstone Quarries by Locality Locality (by Local Council) Number of Quarries Total Area m 2 Gharghur 2 43 755 Iklin 3 23 728 Kirkop 3 36 763 Mqabba 32 573 981 (548649) Qrendi 2 31 759 15 259 077 (229077) Gozo (Kercem) 1 6 600 Gozo (San Lawrenz) 8 172 271 66 1 147 934 Siggiewi Total Source: Malta Environment & Planning Authority, August 2001 Within these areas, and in view of the fragmentation in land ownership, there are large numbers of small quarry units. This raises particular problems in terms of developing restoration strategies and in estimating production and reserves. Minerals Production Historically, Central Office of Statistics (COS) data on output from the minerals industry in the Maltese Islands has been incomplete and it is believed that data for production has related to c:\temp \mineral sp\final approved 29 may 03.doc May 2003 22 only one third of all quarries. In 1970 for example, the number of softstone quarries recorded was 60, with an output of 96 316 m3 . However, in 1987 only 22 quarries were recorded with an output of 38 130 m3 . Similarly for hardstone, the number of quarries recorded was 18 in 1970 with an output of 108 664 m3 , while in 1987 14 quarries were recorded with an output of 167 470 m3 . The last ten to fifteen years have, however, generally seen a significant change in the construction industry with a decline in the demand for softstone blocks in favour of concrete products manufactured from hardstone. Table 4.5 provides a review of output data in the 1980s and 1990s. Table 4.5 Quarry Recorded Output 1980-1994 Year Softstone 000 m 3 Hardstone 000 m 3 1980 65 111 1982 83 148 1984 88 106 1986 53 132 1988 76 139 1990 170 413 1992 213 628 1994 252 939 Source: Central Office of Statistics/Malta Environment & Planning Authority Notwithstanding the inaccuracy of the statistics, the trend towards an increased contribution of hardstone to overall construction requirements is evident. The high population density of the Islands and the need to protect undeveloped land, means that higher rise buildings are likely to be required, which will be generally unsuitable for softstone products. In view of the lack of a nationally agreed database on production the Malta Environment & Planning Authority has sought to estimate softstone and hardstone output. The Malta Environment & Planning Authority had previously indic ated that production could be in the region of 800 000 m3 of softstone per year and 1.4 million m3 of hardstone. However, recent research based upon aerial photography taken in 1994 and 1998, estimated an annual production of 400 000 m3 of softstone and 750 000 m3 of hardstone. Annex 2 of the ‘Supplementary Documentation’ summarises how estimates of production and reserves were derived. The Malta Environment & Planning Authority has sought the co-operation of industry to get as accurate a database as possible, but that as yet has not been forthcoming. In applying any statistical information to the strategy adopted in this Plan, a degree of flexibility has been incorporated and further attempts will be made to improve this database through the Plan period. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 23 Conclusions The review of the limestone extraction industry has demonstrated a number of key features of the industry in the Maltese Islands that are important for policy formulation and regulation: • There are a large number of sites and operators on the Islands; • There are concentrations of workings, particularly in the softstone sector; • The demand for hardstone has increased relative to softstone, as the demand for concrete products has increased; • Production data has not been comprehensive and needs to be improved with the full support of industry. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 24 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 25 5. Minerals and the Economy: Demand and Supply The Construction and Quarrying Industry in the Maltese Islands Quarrying and the National Economy Stone is used throughout the construction industry in the building and maintenance of: • Dwellings; • Civil engineering projects; • Public, commercial and industrial buildings; • Water and sewage systems; • Roads. The 1996 Industry Statistics published by the Central Office of Statistics reported that: “Business units whose main activity is associated with the Construction and Quarrying sectors continued to register quite an impressive advance. Whilst gross output of the Construction sector rose by Lm 10.8 million or 12.7%, total production of the Quarrying sector stood at Lm 6.9 million, an increase of Lm 0.5 million or 8.4%”. Table 5.1 shows the contribution of various sectors to GDP. The economic survey for 1998 (Economic Planning Division, Ministry of Economic Services) reported relatively subdued construction activity and construction and demolition accounted for around 3.1% of GDP (it was 3.4% in 1996). The survey for October to December 1998 stated: “The construction and quarrying sector was the only sector to report a contraction in its activity by registering a nominal decline of Lm 0.2 million or 0.4%”. The contribution of construction and quarrying is relatively small compared to other sectors. However the economic survey states that: “Although this share is relatively small, the construction and quarrying industry provides an important contribution to the domestic economy as it has important linkages with various other sectors, such as the furniture, chemicals and non-metallics manufacturing subsectors”. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 26 Table 5.1 Sectoral Contribution to GDP at Factor Cost Sector 1995 Lm Million 1996 1997 1998 Agriculture and Fishing 28.3 30.7 32.5 33.2 Construction and Quarrying 35.3 35.7 37.1 37.0 240.9 248.1 251.0 268.2 65.6 67.7 71.7 76.4 131.8 132.9 135.0 135.7 Insurance, Banking and Real Estate 72.9 88.6 95.6 98.5 Government Enterprises 60.7 59.0 78.7 92.7 164.5 182.4 181.6 186.9 Property Income 89.9 101.2 117.4 138.3 Private Services 98.9 106.5 116.9 122.6 988.9 1052.9 1117.5 1189.3 Manufacturing Transport and Communications Wholesale and Retail Public Administration GDP at Factor Cost Source: Maltese Economy Economic Indicators January-March 1999 Employment in Construction and Quarrying Table 5.2 indicates the total numbers employed in the construction and quarrying sectors and compares this to both the total employed in direct production and also the total numbers employed in all sectors. Table 5.2 Employment in Construction and Quarrying Employment 1995 1996 1997 1998 Construction and Quarrying 6 365 6 577 6 191 5 987 40 337 39 749 38 847 39 098 136 871 138 530 138 753 137 476 All Direct Production Total Gainfully Employed Source: Economic Survey 1998: Ministry for Economic Services Construction and quarrying has accounted for around 15-16% of the total employed in direct production activities and 4% to 5% of the total employed. With regard to quarrying, the Malta Environment & Planning Authority have estimated that there are around 500 persons employed in the softstone industry and 300 in the hardstone industry. The construction industry therefore accounts for around 5000 employees. Table 5.3 shows employment in mining and quarrying by establishment size. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 27 Table 5.3 Employment in Mining and Quarrying in 1996 by Establishment Size Range of Employment (persons) 11-19 20-29 Year 1-5 6-10 30-39 1994 29 5 7 0 0 1995 53 12 5 0 0 1996 60 7 4 1 1 Source: 1997 Industry Statistics (COS) The domination of small operational units is clear, with sixty of the 73 quarries that provided returns having between 1 and 5 employees. So, while employment generated by quarrying may be significant at the local level, nationally it is a small contributor to employment. It should be noted that the COS statistics are not based on all the quarrying establishments. The 1996 data was based on 73 establishments, whereas the actual number of active quarries was around 100. Future Need for Hardstone and Softstone The future need for hardstone and softstone in the Maltese Islands, will reflect the amount of construction likely to take place in connection with building works, road construction and other infrastructure projects. Whilst the future employment-based construction work is difficult to predict accurately, the need for housing is more predictable and reflects factors such as population change and household size. The population growth recorded between 1985 and 1995 was 1%, which was twice that recorded between 1967 and 1985. At the same time, the household size has been steadily decreasing. Table 5.4 outlines recent estimates of population and household changes over the period 1985-2010 (note that the revised figures are indicative only at this stage and will be finalised as part of the Structure Plan Review). The increased number of people, together with a predicted constant marriage rate and an increasing household formation rate, will mean that a steady supply of additional housing will be required over this period. This in turn will require building material. Another key sector that consumes significant quantities of stone is road building, where the key requirements are for hardstone products. Most of the Island’s roads will be subject to repair and maintenance during the Plan period, so there will be a continuing demand for road building materials. Research undertaken in 1998 surveyed 396.2 lane km of the road network and found that: • 33% required immediate attention; • 45% required attention within two years; • The remainder would require attention within five years. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 28 Table 5.4 Population and Household Changes 1985-2010 Year Population Revised Structure Forecasts of Plan Malta Estimates Environment & Planning Authority Households Revised Structure Forecasts of Plan Malta Estimates Environment & Planning Authority Mean/Household Size Revised Structure Forecasts of Plan Malta Estimates Environment & Planning Authority 1985 340 909 340 559 104 751 104 751 3.25 3.25 1995 379 000 - 120 000 - 3.17 - 2010 413 509 393 984 145 640 136 814 2.79 2.88 Source: Malta Environment & Planning Authority The above commentary suggests that the demand for aggregates is unlike ly to fall over the plan period and the demand for softstone is likely to be fairly constant. On this basis, estimates of historic production have been extrapolated, using available production estimates, giving a total of 4 million m3 of softstone and 7.5 million m3 of hardstone over the plan period (10 years). This is based upon Malta Environment & Planning Authority estimates using aerial photography and it is recognised that previous production estimates would suggest that this could be an underestimate. In comparing production with estimates of reserves, this Plan therefore incorporates a flexible assessment as set out below. Meeting the Demand for Construction Materials Of fundamental importance to policy formulation is how this Plan seeks to meet the demand for construction materials over the Plan period, together with a view on how the longer-term supply beyond the Plan period will be met. The continued supply of materials from the Islands’ resources will be the key supply source. However, given the finite nature of the resource and the ever-increasing constraints upon production, this Plan also addresses alternative supplies that may contribute to meeting the demands of the construction industry. Reserves The extent to which further resources need to be identified for future extraction is determined by assessing the need for minerals over the Plan period and the prevailing level of permitted reserves. Historically there has been no data available on permitted reserves, defined as reserves with either a Police licence or a development permit. The Malta Environment & Planning Authority has, in liaison with industry, sought to better establish reserve levels but this has not been successful. Instead, reserve levels have been estimated using aerial photography at 1998 which found the following: • Reserves of softstone are in the region of 11.49 million m3 which means that there could be up to 29 years of permitted reserves available. • Reserves of hardstone are in the region of 20.74 million m3 which means that there could be up to 28 years of permitted reserves available. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 29 The methodology used to derive reserve figures is set out in Annex 2 of the ‘Supplementary Documentation’. In view of the reliance on aerial photography, these figures do not reflect the reserves that will actually be available for use as softstone and hardstone. For example, there will inevitably be a degree of wastage in view of variations in the quality of the stone. It is also noted that production could in fact be greater than the aerial photography suggests as there may be quarry or construction wastes within the quarry that could distort the figures. However, it is nevertheless considered that sufficient flexibility exists to justify a policy approach that does not allocate sites for extraction. The figures suggest that the only potentially difficulty could arise in respect of hardstone reserves in Gozo, but even here there is adequate reserves currently permitted for the Plan period. Since 1998 of course there has been a few years extra production, but there has also been new permits issued releasing more reserves. This time lag does not therefore make a significant difference to the level of reserves. The next issue that is considered below is the level of potential resources, which have been identified but are not consented. Potential Resources: The Minerals Resource Assessment The Malta Environment & Planning Authority commissioned a Minerals Resource Assessment with a view to identifying potential future resources of hardstone and softstone that may meet the longer term requirements. The work was undertaken in the early to mid 1990s and the results published in 1996. The assessment focused on the identification of areas where the following conditions were deemed to exist: “ …. Where unconstrained land coincides with appropriate geological formations it may be considered to represent a potential mineral resource.” The assessment identified 26 search areas based on data from 33 boreholes, the locations of which are shown on Figure 5. It did not assess the reserves at existing licensed areas and active sites. It also considered the environmental constraints illustrated in Table 5.5. Table 5.5 Constraints Considered by the Minerals Resource Assessment Key Constraints Additional Local Constraints Urban and industrial areas Local topography Areas of special landscape significance Land use Coastal areas and cliffs Access Ecologically sensitive areas Local infrastructure Archaeological sites Local quarrying history Air traffic proposal subject areas Adjacent land uses and planning status Specific development constraints Presence of non-mineral overburden c:\temp \mineral sp\final approved 29 may 03.doc May 2003 30 Environmental considerations, especially visual impact Source: Minerals Resource Assessment The resource classification for each of the areas identified, known as target areas, was based on two degrees of confidence in terms of the areas’ geology: inferred, the lower degree of confidence, or indicated. Only one of the areas was classified as having an inferred resource. The indicated resource was further classified to determine the existence of constraints to development. This resulted in a twofold classification: • Level I: a good degree of geological confidence and an apparent lack of conflict with other land uses. These were considered priority areas for protection from other forms of development and may be regarded as having strategic importance; • Level II: a lesser degree of confidence and further investigations are required, but land should be protected from development pending these investigations. Table 5.6 provides a summary of the indicated resource areas. Table 5.6 Number of Target Areas by Resource Classification Target Area Classification Hardstone Malta Softstone Level I 0 6 2 1 Level II 7 3 1 2 Hardstone Gozo Softstone Source: Minerals Resource Assessment Nine of the target areas (six in Malta and three in Gozo) have been classified as Level I. It is significant that of these, only two were potential hardstone resource areas, one in the Upper Coralline and one in the Lower. Both are in Gozo. There are therefore no Level I resource target areas for hardstone on Malta. This reflects, in part, the environmental constraints that affect the Coralline Limestone areas. The remainder of the Level I target areas are therefore softstone and exclusively Lower Globigerina. Level II was applied to thirteen of the target areas, ten in Malta and three in Gozo. Eight were in hardstone areas and five were in softstone areas. In three of the target areas, no viable resources were found. Table 5.7 provides a summary of the target areas identified in the Mineral Resource Assessment (note that in three target areas, a separate classification for hardstone and softstone is listed). Table 5.8 provides a statistical summary of the findings of the assessment. There are clearly substantial potential resources that may become available, subject to planning and other constraints. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 31 Table 5.9 summarises the land use issues in the Priority Level 1 Target Areas as identified by the resource assessment. It also updates some of this information to indicate recent developments in terms of scheduled sites and constraint areas. Most of the Priority Level 1 target areas are subject to constraints, while the potential encroachment from built development is a key issue in terms of their ability to supply softstone and hardstone in an environmentally acceptable manner in the future. Even within a relatively short period of time, considerable changes have occurred within the Target Areas, that will have an impact on the extent of the predicted resource available to the minerals industry. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 32 Table 5.7 Target Areas Summary Region Target Area Reference Target Area Name Target Resource Resource Type Apparent Near-Surface Quality (building stone resource) Resource Classification MRA Priority Level Malta M/A M/A M/B M/C M/D M/D M/E M/F M/G MH M/I M/J M/K M/L M/M M/N Hal Far Hal Far Luqa Tal-Handaq Ta’ San Niklaw Ta’ San Niklaw Mqabba Zabbar Marsascala Naxxar Ta’ Qali Dingli Ta’ Laknija, Dingli Bingemma Bajda Ridge Marfa Ridge Building stone Aggregate Building stone Building stone Building stone Aggregate Building stone Building stone Building stone Building stone Building stone Aggregate Aggregate Aggregate Aggregate Aggregate Poor N/A Good Good Intermediate N/A Good Intermediate N/A Good Good N/A N/A N/A N/A N/A Non resource Indicated Indicated Indicated Indicated Indicated Indicated Indicated Non-resource Indicated Indicated Indicated Indicated Inferred Indicated Indicated II I I II II I II I II II II II II M/N M/O M/P M/Q M/R G/A G/B G/C G/D G/E G/F G/G G/H Marfa Ridge Maghtab Zebbug Safi Zejtun Nadur Qortin Tan Nadur San Lawrenz Wardija Sannat Santa Cicilja Ghar Dorf Gharb Lower Globigerina Lower Coralline Lower Globigerina Lower Globigerina Lower Globigerina Lower Coralline Lower Globigerina Lower Globigerina Lower Globigerina Lower Globigerina Lower Globigerina Upper Coralline Upper Coralline Upper Coralline Upper Coralline Upper Coralline, Tal Pitkal Upper Coralline, Mtarfa Lower Coralline Lower Globigerina Lower Globigerina Lower Globigerina Upper Coralline Upper Coralline Lower Globigerina Lower Globigerina Lower Globigerina Lower Globigerina Lower Coralline Lower Globigerina Aggregate Aggregate Building stone Building stone Building stone Aggregate Aggregate Building stone Building stone Building stone Building stone Aggregate Building stone N/A N/A Intermediate Intermediate Intermediate N/A N/A Intermediate Intermediate N/A N/A N/A Intermediate Non-resource Indicated Indicated Indicated Indicated Indicated Indicated Indicated Indicated Non resource Non resource Indicated Indicated II I I II I II I II I II Gozo Source: Minerals Resource Assessment (1996) c:\temp \mineral sp\final approved 29 may 03.doc May 2003 33 Table 5.8 Potential Resource by Classification Hardstone (million tonnes) Softstone (million tonnes) Indicated Level 1 26 240 Indicated Level 2 385 188 Inferred 56 3 Total 467 (175 million m ) 428 (238 million m 3) Source: Minerals Resource Assessment Table 5.9 Priority 1 Target Areas Target Area Name Resource Type Summary as at 1994 Summary as at 1999 Luqa (ref M/B) Softstone Covers 220 hectares (ha) with an estimated resource of 72 million tonnes (mt). No significant constraints were identified but areas sterilised by the presence of a pipeline. Land uses mainly agricultural with sporadic dwellings. Area constrained to the north, south and west by development. Area now has a number of scheduled sites and other constraint areas. The east of the area has a number of development applications pending. Tal Handaq (ref M/C) Softstone Covers 80 ha with an estimated resource of 31.3 mt. Tal Handaq subject to urban development control and adjacent dry valleys of ecological significance. Scheduled sites and a number of areas subject to development applications within the central core of the area. Urban development in the northwest and infrastructure constraints. Mqabba (ref M/E) Softstone Covers 73 ha with an estimated reserve of 37.2 mt. Areas mainly in agricultural use with sporadic farm buildings and dwellings. Includes St John’s Chapel, which is subject to a preservation order. Bounded by settlements to the north and south and area of intense quarrying to the north. Development applications, which would further encroach from the southeast and northwest. Naxxar (ref M/H) Softstone Covers 88 ha with an estimated resource of 29.9 mt. Area of softstone extraction to the north and areas of despoiled land. Scheduled sites within the central core of the area and sporadic development applications. Haz-Zebbug (ref M/P) Softstone Covers 155 ha with an estimated resource of 44.6 mt. Mainly in agricultural land with small-scale developments to the south and west. Areas of urban development control to the south and east, while the northwest constrained by ecological sensitivity. Development encroaching from the east and the southwest. A number of development applications. Scheduled sites to the south. Safi (ref M/Q) Softstone Covers 90 ha. Area mainly agricultural with isolated dwellings and farms. Sporadic development applications and airport runs to the northeast. Urban development to west at Safi and Kirkop. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 34 Table 5.9 (continued) Priority 1 Target Areas Target Area Name Resource Type Summary as at 1994 Summary as at 1999 Nadur (ref G/A) Hardstone Covers 27 ha with an estimated resource of 10 mt. A number of development applications to the west and a scheduled site in the middle of the area. Access through village of Nadur to the south. Boundary of area subject to planning constraint. San Lawrenz (ref G/C) Softstone Covers 40 ha with an estimated reserve of 9.4 mt. A few small scheduled areas. Ghar Dorf (ref G/G) Softstone Covers 14 ha with an estimated resource of 16 mt. No significant constraints identified. Source: Minerals Resource Assessment/Malta Environment & Planning Authority Application of Target Areas in the Minerals Subject Plan The application of the findings of the Minerals Resource Assessment in this Plan is as follows: • The identification of potential future extraction areas to meet the demands for softstone and hardstone based on the Target Areas; • The safeguarding of these resources from other forms of development. Mineral Safeguarding Areas are therefore identified in this Pla n. Alternative Supplies In the short-term, most of the demand for construction materials will be met from quarrying, but there are alternatives that may provide an increasing contribution to supply. Indeed, given the finite nature of the resource, and the environmental constraints to quarrying, it is essential that alternatives are explored and a framework put in place for their increased usage. The key alternatives to locally quarried materials are: • The recycling of inert construction and demolition wastes and wastes from quarrying, the latter being mainly from softstone quarries; • The importation of aggregates; • Other potential supplies, either from the sea through dredging or through deep mining. Recycled Materials The contribution of recycled inert wastes to the overall supply of aggregates will depend on a number of factors including: • The nature of the waste arisings; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 35 • The availability of processing facilities; • The amount of material landfilled; • The establishment of markets for the materials; • The relative price of primary supplies. The key sources of inert wastes comprise construction and demolition wastes and mineral wastes from quarries. Data on the arisings of inert waste (solely construction and demolition waste) is set out in the emerging ‘Space for Waste - The Waste Management Subject Plan’. The Plan recognises that data is difficult to obtain and estimates are based on the level of disposals at the public landfill facility, at Maghtab. A weighbridge at Maghtab has been operational since late 1997, when a charge of Lm 0.35 per tonne was introduced. It is estimated that during that year, around 750 000 tonnes of construction and demolition waste were disposed. No figures have been available for arisings and disposals for Gozo, but a figure of 250 000 tonnes has been estimated. The Solid Waste Management Strategy estimates that since 1997 construction and demolition waste arisings in Malta have increased to around 1.2 million tonnes in 2000. The actual level of arisings will exceed the above estimates as quantities are used in the restoration of quarries and various landscaping schemes. In addition, the illegal dumping of inert wastes is recognised as a key problem. The emerging ‘Space for Waste - The Waste Management Subject Plan’ estimates that 80% of the total wastes deposited at Maghtab is construction and demolition wastes. The Plan projects waste arisings to 2010, using a baseline total of 1 million tonnes and an assumed rate of economic growth of between 3% and 4.25%. It is estimated that some 14 million tonnes of inert waste may be generated. It is the policy of the Malta Environment & Planning Authority to seek the greater re-use and recycling of construction, demolition, mineral and other inert wastes. The emerging ‘Space for Waste - The Waste Management Subject Plan’ includes policies to, inter-alia: • Require applicants for projects that are likely to generate large quantities of waste to provide information on: - measures to minimise waste generation; - how waste will be managed; - provision for the segregation and storage of different types of waste for recycling. • Locate recycling facilities on industrial sites, previously developed land and existing waste management facilities. • Require applicants for waste management facilities to include proposals for the recycling of inert wastes for re-use as secondary aggregate or for landscaping or restoration. • Support the location of temporary facilities on demolition and construction sites for waste recovery and processing. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 36 • Consider inert disposal in former mineral workings. Policy and Design Guidance titled ‘Inert Waste Disposal in Quarries’ (June 1997) deals with standard conditions for the recycling and disposal of inert wastes in quarries. Even a relatively small diversion in inert wastes away from landfilling to recycling would contribute significantly to the need for construction materials. For example a 2% diversion would contribute 400 000 tonnes over the Plan period. The Solid Waste Management Strategy is seeking, however, to reduce the quantity of construction and demolition waste arisings by 20% by 2005 and to recover 60% of rock and stone waste and recover 50% of mixed inert waste. Imports The importation of aggregates has been considered as a potential contributor to meeting the demand for construction materials. It is understood that high specification aggregates have been imported in the past. A feasibility study was undertaken in 1994 – ‘Importation of Aggregates – A Feasibility Study’ (P V Grech, 1994). The study was to cover Italy , Sicily, North Africa and other relevant sources. The preferable locations identified included the south of Italy and Tunisia. However, no quarries on Sicily were identified and only a few elsewhere in south Italy. No information was obtained on North Africa. The study provided some outline costings on aggregates imports and costs would include: • The cost of the aggregate; • The cost of shipment; • Unloading costs; • Land transport. It was found that freight handling costs were very high in Malta as the cargo handlers hold a virtual monopoly and that costs ranged between Lm 12.00 and Lm 17.4 per m3 . Clearly now these figures will have significantly increased and represent costs in excess of five times that of locally supplied materials. The key role that imports will play, certainly in the short-term, is likely to relate to high specification materials such as for road surfacing. Other Potential Supplies Underground Mining There is no history of underground mining in the Maltese Islands. These techniques are unlikely to be cost effective for the production of lower value products, but may merit further consideration for monumental stone or first quality building stone or high quality hardstone. There are precedents elsewhere, such as the proposals for the trial extraction of dimension stone at the Isle of Portland in the United Kingdom. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 37 Underground mining requires a relatively high initial investment in both equipment and training and is most likely to be practicable from the base of quarries where land or other constraints may prohibit further quarry development. While the environmental and visual impact is less than for surface extraction, care must be taken particularly with reference to underground water supplies and the risk of settlement following completion of mining. The economics of underground mining are dependent on the nature of the rock mass, the means of rock extraction and the presence or absence of groundwater. These three factors control the support requirements of the underground void, which defines the volume of resource available and the cost of mining. The primary issues governing the underground support requirements are the spacing and orientation of joints within the rock mass, which will dictate both the range of available block size and the proportion of the rock mass that must remain in place as supporting pillars. The presence or absence of groundwater will impact on the strength of both the intact rock mass and the joints. Support requirements are also minimised if rock extraction can proceed by cutting rather than blasting. In order to establish the practicability of underground mining, a preferred site or sites could be identified after the consideration of planning and environmental considerations. Technical appraisal of these sites would then require a limited site survey to provide a view of the local hydrogeology and rock mass properties. This investigation would be non-intrusive based principally on structural geological mapping of existing quarry faces and a walkover survey of the surrounding terrain. Results would permit an analysis of the economic and practical feasibility of underground mining. Marine Aggregates There is no source of marine dredged sand and gravel supplies that is known to be economically exploitable at the present time. Economic Issues While the preceding sections have been concerned with indicating the role of quarrying in the economy and issues of supply, there are some key related issues that need to be considered. The first is the pricing of the mineral and the impact on the potential to husband resources and promote the use of alternative supplies; and the second is the potential economic costs of quarrying. Pricing and Related Issues It is a widely held view that the price of stone in the Maltese Islands does not reflect the true environmental and social costs of its extraction or the relative scarcity of the resource. This is not peculiar to the Islands and other countries have introduced taxation on primary minerals to better reflect these costs. There is a Government imposed ceiling on the price of stone, while competitive tendering ensures that the price is further deflated. The output from quarrying has also traditionally been volume and not quality driven. This has a number of potential consequences: c:\temp \mineral sp\final approved 29 may 03.doc May 2003 38 • There is no significant encouragement to recycle quarry wastes, particularly from the softstone industry; • There is limited encouragement to investigate the use of alternative supplies, including underground mining and imports; • The low price encourages over-production and wastage of lower quality stone; • There is limited encouragement to conserve the resource; • There is limited incentive to distinguish between materials of different quality; • There is limited encouragement to use the resource more sparingly in construction; • There is less capital available for environmental improvements and restoration. The price of construction materials cannot, however, be isolated from general pricing and tendering within the construction sector. The tendering regime for construction projects in the Maltese Islands is generally price driven and many projects are undertaken with low margins. Small variations in the price of construction materials can therefore have a significant impact on the economic viability of projects. Many countries including Denmark, Greece, France and Norway have implemented taxes on land-won aggregates. These have been based upon either the volume of material extracted or the area covered by extraction. In the UK, the principle of a tax on quarrying has been established by Government and will be introduced in 2002. It is largely aimed at increasing the price of aggregates and encouraging the use of recycled and secondary aggregates. While taxation would increase the cost of construction materials and potentially encourage recycling, the revenue would not necessarily be available for environmental improvements. Potential Economic Costs The environmental impact of quarrying can have economic consequences and some are listed below: • Impact on property values in respect of buildings adjacent to or impacted by quarrying; • Reduction in the desirability of property in quarrying areas; • Potential effect on tourism through detrimental impacts on amenity. Tourism is a crucial element of the economy and there were over 1 million visitors in 1998. The receipts from tourism were Lm 249 million in 1997; • Direct impact on other land uses, such as impact of dust deposition on agricultural land productivity and features of cultural heritage importance. The policies in this Subject Plan are aimed at minimising the environmental and social/amenity impacts associated with quarrying and maximising the benefit from extraction activities through restoration. These actions will assist in minimising economic costs. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 39 Conclusions Estimates indicate that for the Plan area there could be up to 34 years of softstone reserves available and 38 years of hardstone reserves. The Malta Environment & Planning Authority recognises that this may not be entirely accurate but that adequate flexibility exists to merit a policy of restraint in terms of the release of future reserves. Key elements of the policy approach set out in Section 8 include: • A presumption against the development of new quarries; • The need to seek industry support and co-operation for surveys of production and reserves - until this is achieved the Malta Environment & Planning Authority will continue to rely on aerial photography; • The need to put in place a framework to protect potential resources identified by the Minerals Resource Assessment; • The need to maximise the contribution of alternative supplies, particularly through recycling. The Minerals Resource Assessment identified a total potential resource of 467 million tonnes (around 175 million m3 ) of hardstone and 428 million tonnes of softstone (around 238 million m3 ) and there are therefore significant potential resources. Nevertheless, with a view to husbanding this potential resource, the use of alternative supplies should be encouraged. Even a small diversion of inert wastes away from landfill to recycling could provide a significant contribution to minerals supplies. The Solid Waste Management Strategy includes very challenging recovery targets. The contribution to supply from other sources, imports and deep mining is very uncertain and it is not considered appropriate to estimate relative potential contributions. Instead, it is recommended that Government and industry, through its representative bodies, consider these sources of supply with a view to potentially meeting a proportion of demand in the longer term. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 40 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 41 6. Minerals and the Environment Context The land area of Malta and Gozo is 246 km2 and 67 km2 respectively. The smaller Island of Comino is nearly 3 km2 . As previously indicated, the total land area recorded for quarrying on Malta and Gozo is just over 2.5 km2 , or 0.8% of the total land area. The population of the Maltese Islands stands at around 379 000, with an annual growth expected of around 1%. With an expanding population, together with an ever increasing number of tourists and a decline in the unbuilt land area, land availability is a key issue on the Islands. Population density on the Island averages around 1200 persons per km2 , while for Malta alone it is 1400 persons per km2 . This is third in the list of the densest countries in the world, surpassed only by Macau and Singapore. The potential for land use conflicts is acute, particularly with industries that can create significant environmental and social disturbance such as quarrying. Changes to landform and impacts on agricultural land, flora and fauna and so on can be mitigated through restoration and appropriate site management. However, to date, site restoration practice on the Islands has been limited. The key social impacts associated with quarrying include impacts arising through the generation of noise, vibration, dust and visual intrusion. This section details environmental impacts in two main parts. Spatial impacts are considered first, followed by specific operational and social impacts. Spatial Impacts Archaeology and Cultural Heritage Mineral extraction can lead to the destruction of features of archaeological or cultural heritage interest, or can be incompatible when located near to sensitive sites. A notable example is the quarries located in close proximity to the Hagar Qim and Mnajdra Temples, where quarrying has been suspended in view of the potential effects. The majority of direct damage to archaeological sites through quarrying may occur in one of two ways: • Damage to newly discovered sites through blasting and the removal of minerals; • Damage to existing sites through structural failure as a result of vibration from blasting. Malta’s cultural heritage is one of the most important in the Mediterranean region and there are remains of local, national and international importance. The Islands include two archaeological world heritage sites, the Hypogeum and the Megalithic temples including Hagar Qim referred to above. Other archaeological features include stone circles, burial grounds, catacombs, tombs, cart ruts, sanctuaries and stone walls. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 42 The main responsibility for archaeology lies with the Museums Department, although the Malta Environment & Planning Authority has responsibility for the protection of archaeological sites and monuments. There are designated Sites (SAIs) and Areas (AAIs) of Archaeological Importance. SAIs cover individual or isolated sites and AAIs apply to concentrations of sites. Protection has been afforded through the 1925 Antiquities Act, which was updated in 1977. There is also protection through the Environmental Protection Act (1991) and the Development Planning Act (1992). The current system of protection focuses on surface features and the use of sub-surface investigative techniques, such as geophysical surveying, is not standard practice. Scheduling of archaeological sites began in 1994. The classification system used runs from A to E as follows: • Class A: top priority, with no development permitted which would adversely impact on the site, and a minimum buffer zone of 100 m; • Class B: preservation at all costs, with adequate measures to preclude damage in cases where consent is granted; • Class C: effort should be made to preserve the site, but may be covered up or destroyed after adequate investigation, documentation and cataloguing; • Class D: a type of site for which numerous examples exist, but should be properly recorded before covering or destroying; • Class E: sites that have been known to exist, but have not yet been traced. Table 6.1 outlines the SAIs scheduled between 1994 and 1998 and Table 6.2 the AAIs scheduled in 1997 and 1998. Table 6.1 SAIs Scheduled 1994-1998 Year Class A Class B Class C Class D 1994 14 4 0 0 1995 1 1 1 0 1996 0 2 0 0 1997 14 3 0 0 1998 14 30 0 0 Total 43 40 1 0 Source: Malta Environment & Planning Authority c:\temp \mineral sp\final approved 29 may 03.doc May 2003 43 Table 6.2 AAIs Scheduled 1997-1998 Year AAI No of Archaeological Sites and Features No of Cultural Properties Area Protected km2 1997 Hagar Qim/Mnajdra 8 2 0.62 1998 Il-Qlejgha 15 2 1.76 Ghar il-kbir/Clapham Junction 8 1 0.69 Ghar Dalam/Borg in-Nadur Bingemma 8 1 0.61 Xaghra plateau Rabat/Mdina 6 1 0.2 Cittadella/Victoria 5 1 0.3 1.32 Source: Malta Environment & Planning Authority The policies in this Plan provide a framework for restricting minerals extraction that impact directly or indirectly on features of cultural heritage importance. This takes account of the setting of features of cultural heritage importance, which needs to be considered within the decision-making process. Nature Conservation The location of quarries means that there are inevitable conflicts of interest with the priorities of nature conservation, in respect of flora and fauna and geological features. A development can affect flora and fauna not only through its direct impacts, such as the land-take required, but also through indirect impacts, including noise and dust, that extend beyond the immediate area where the development would take place. Hence, consideration needs to be given both to the geographic area influenced by these indirect impacts and to the flora and fauna that might be affected by them. Ecologically sensitive sites have been destroyed through quarrying without recording, while on some sites recording has occurred. The main vegetation communities are: • Maquis, which comprises bushes and small trees and is one of the most common vegetation types in the Mediterranean; • Garigue, which is low-growing vegetation in areas where the soil depth is insufficient to support maquis; • Steppe, which is dominated by grassland. A complete habitat survey has not yet been carried out for the Islands. It is hoped that this survey will be in place by 2001. Nevertheless, there are a number of protected areas: • Nature Reserves under the Environmental Protection Act 1991; • Scheduled property including Areas of Ecological Importance (AEIs) and Sites of Scientific Importance (SSIs) under the Development Planning Act 1992. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 44 Since 1991, 23 specific Nature Reserves have been designated, together with all public gardens, areas around the airport and radio stations operated by the Department of Civil Aviation. Scheduling began in 1994 with the designation of AEIs covering areas of both typical and rare habitats. SSIs containing individual species, groups of species and geological features of particular scientific value were also designated. The following distinct ecological areas have been identified that qualify for scheduling: • Permanent springs; • Coastal cliffs; • Saline marshes; • Garigue; • Sand dunes; • Maquis; • Forest remnants; • Valley Sides; • Semi-natural woodland; • Watercourses; • Natural freshwater pools and transitional coastal wetlands; • Gently sloping rocky coasts; • Deep natural caves. The level of protection for AEIs and SSIs is classified under the four levels detaile d below. • Level 1: which contain habitats or species important in small areas or are unique; • Level 2: which are important in relatively large areas or contain rare species or features; • Level 3: where control is necessary to preserve features in adjacent sites (buffer zones); • Level 4: which are of general interest. Table 6.3 indicates the number of natural areas protected over the period 1994-1997. Ecologically sensitive locations include areas with deposits of Blue Clays, which have the effect of creating perched aquifers and springs. This can result in different types of habitat which are relatively restricted in terms of their geographical distribution and which, in view of the dry climate, are rare and endangered. Extraction within the Upper Coralline, which overlies the Blue Clays, is therefore particularly constrained (in the main northwest Malta and Gozo). Table 6.3 Number of Natural Areas Protected Scheduled 1994-1997 Year Level 1 Level 2 Level 3 Level 4 1994 1 0 1 0 1995 24 8 15 1 1996 10 10 15 3 1997 1 0 3 4 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 45 Total 36 18 34 8 Source: Malta Environment & Planning Authority With regard to geological conservation, there are two types: • Exposure sites, which are more widespread, including outcrops, exposures in quarries, cliffs and so on. The priority is to conserve the sites, but activities which impact on the site may be allowed if equivalent features can be exposed; • Integrity sites which contain finite deposits and landforms and where a more rigid protection regime is therefore applied. As with scheduled archaeological sites, this Minerals Subject Plan provides a framework for protecting sites of nature conservation importance. It also seeks to improve restoration practice so that quarries may contribute to nature conservation aims and biodiversity. The Coastal Zone The Coastal Zone is a critical area for conservation and is to be the subject of a Coastal Subject Plan. It has been estimated that quarrying accounts for 2% of the coastal area in Malta and 12% in Gozo. For the purpose of this review, the coast is loosely defined as: Extending offshore up to and including territorial waters and inland up to that part where human activities are directly influenced by or can influence the quality of the marine resources. The national policy on coastal zone management is evolving through the Structure Plan Review and possibly a Subject Plan on Coastal Zone Management. It is likely that the policy will identify levels of protection, whereby development will not be permitted or significantly restricted. In view of the nature of the Coastal Zone, large portions are already scheduled because of its ecological and archaeological importance. It is recognised that the reclamation of quarries in coastal areas for appropriate uses would significantly improve the environment. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 46 Plate 5 Softstone Quarry on the Gozo Coast Landscapes Areas of the Maltese Islands constitute landscapes of special value and importance. The adopted Structure Plan proposes the designation of Areas of High Landscape Value, which were to be identified in Local Plans. The Malta Environment & Planning Authority is at present preparing a landscape categorisation for the Islands that will form part of the Structure Plan Review. Plate 6 c:\temp \mineral sp\final approved 29 may 03.doc Hardstone Quarry on the Victoria Lines May 2003 47 Agricultural Land Land is protected through Rural Conservation Areas and one of the constraints applied relates to agricultural land. Protection is afforded through Areas of Agricultural Value. The Malta Environment & Planning Authority and the Department of Agriculture are in the process of developing a classification of agricultural land. There are concerns that the amount of high grade land is diminishing and it has been estimated that, between 1956 and 1991, 42% of agricultural land was lost. Towards the end of this period the rate of loss decreased and since the creation of the Malta Environment & Planning Authority, the rate has decreased further as a result of constraints on urban expansion. The issue of land-take in respect of good agricultural land, rela tes primarily to softstone quarries in view of their location in lower lying areas. With regard to hardstone, the two key issues are: • Concerns about the impact on water supplies and therefore irrigation; • Concerns about dust emissions. Further issues that arise relate to quarrying outside permitted areas and the use of farm access roads by quarry traffic. The restoration of quarries does provide an opportunity to restore land to an agricultural after-use. Other Designations It is worth noting some further designations which may be impacted by quarrying: • Scheduled trees; • Marine Conservation Areas: extensive surveying has not been undertaken to identify areas worthy of protection and land-use quarrying should not impact directly on the marine environment. The impacts on marine habitats should be considered in respect of any offshore oil and gas exploration or production. Operational and Social Impacts Impacts on Amenity The development of the quarrying industry and the built environment of the Islands has resulted in potential conflicts as quarries are often situated in close proximity to housing and other sensitive land uses. Built development, particularly housing, has often encroached upon quarrying areas. The aim of this section is to consider the impacts of quarrying that can arise through various operations including: drilling, blasting, excavation, material handling, processing and transportation. Dust Dust is generated from a wide range of natural and man-made sources, including quarrying. Dust tends to disperse in the atmosphere and deposition of particles takes place. Deposition rates can show a wide variation, but it has been estimated that dust emissions from quarries can be deposited around 250 m from the source and up to 500 m in extreme cases. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 48 In hot, dry climates such as that in the Maltese Islands (mean precipitation per annum is just over 500 mm), problems of dust deposition can be significant. This relates not only to nearby dwellings, but also to activities such as agriculture. The effect on agriculture is a particular concern. The prevailing wind is northwesterly and this should be considered when determining mitigating measures. There are concerns about the potential contribution of quarrying activities to overall dust generation in the context of the high incidence of asthma and other respiratory ailments among the Maltese population. Dust emissions can arise from quarries as a result of operational activities and wind erosion of exposed surfaces. The amount of dust raised is highly dependent on a number of inter-related factors that include: • The nature of the material; • The prevailing meteorological conditions; • The activity being undertaken; • The influence of any on-site mitigation measures. During the operation of quarries, the following activities could potentially generate dust emissions: • Soil stripping and restoration; • On-site haulage of materials on unsurfaced site roads; • Excavation and handling; • Crushing and processing; • Off-site haulage of materials, particularly where sheeting is inadequate. This Plan provides policies aimed at minimising dust generation from quarrying and related activities. Noise The proximity of dwellings and other sensitive receptors to quarries means that noise from the quarries is often of concern. Where quarries had operated previously without any detailed consideration of noise, the amenity of residential properties now has to be considered. This has led to stricter working conditions for quarry operators. Impacts arising from noise tend to vary between hardstone and softstone quarries, with noise impacts usually greater at hardstone quarries, due to the operation of fixed plant and the requirement to blast rock. At present, detailed noise control is limited to blasting activities. The Malta Environment & Planning Authority strictly monitors blasts and alterations are made to the level of charge if excessive noise levels and vibrations are encountered. Excessive noise can arise, and be generated from, other on-site practices, including: c:\temp \mineral sp\final approved 29 may 03.doc May 2003 49 • The operation of fixed plant (and its location relative to receptors); • Lack of acoustic screening; • Use of vehicles without silencing exhausts; • Operating quarries at times when the ambient noise levels are low; • Quarry traffic travelling through residential areas and village centres. This Plan includes policies to minimise noise emissions from quarrying and related activities and sets a standard for maximum noise levels at noise sensitive locations. Vibration Blasting occurs at all of the hardstone quarries on the Ma ltese Islands. In addition to noise generated from the blasts, there is the impact of vibration. Effects can include damage to property and other structures. Even the most well designed and executed blasts generate a certain amount of energy in the form of ground vibration and airborne vibration. The following describes each of these issues: • Ground vibration: blast induced vibration comprises seismic waves, which spread radially from the vibration source and will decline as the distance increases. Vibration is measured by estimating the peak particle velocity (ppv) which is the maximum velocity in a vibration event; • Airborne vibration: the detonation of explosives generates pressure waves in the air, which can have audible and inaudible impacts. The extent of the impact will be influenced by factors such as wind speed and direction, temperature and humidity. Effects will be reduced as distance from the blast increases. The maximum pressure above the ambient or atmospheric pressure is the peak air overpressure. Inaudible energy can be experienced in the form of concussion. Both audible and inaudible frequencies can result in the vibration of structures. Careful blast design and the consideration of the site geology and potential receptors can reduce the significance of effects. This Plan sets maximum levels for ppv at sensitive locations. Groundwater and Surface Water The protection of water resources on the Maltese Islands is a key issue when considering quarrying proposals. The natural water resources in Malta result from rainwater moving down through open fissures and joints but also to a lesser extent through the rock mass as a result of porosity. Water accumulates in the aquifer which is situated within the porous rock and in joints and cavit ies present within the rock mass. The Water Services Corporation insist that quarries should maintain sufficient rock buffer between the maximum allowed quarry depth and the top of the water table with a view to protecting the aquifer. The main sea level aquifer is recorded at 0 m at the coast rising to around 3.5 m inland. It covers around three-quarters of the land area and comprises around 98% of all groundwater, which in turn, supplies around 40% of the drinking water supply. The resource is accessed through automated pumping. The protection of this aquifer is critical and softstone and hardstone quarries occur above the aquifer. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 50 Important also for minerals extraction are the perched aquifers comprising rainwater trapped in the permeable Upper Coralline Limestone due to the impermeable nature of the underlying Blue Clay. These aquifers are extensively used for agricultural irrigation and for drinking water supply in some outlying hamlets. The protection of these aquifers is an important consideration in assessing applications for extraction. The main issues with regard to quarrying include: • The extraction of stone and other materials may remove the protective cover for the aquifer; • This reduces the depth of the unsaturated zone and increases the vulnerability of the aquifer; • There are potential pollutants particularly with regard to asphalt coating and concrete batching plants, together with fuels and lubricants stored on site; • Where landfill occurs there is a pollution risk. The Water Services Corporation has designated protection zones for the mean sea level and perched aquifers. These include the majority of the softstone and some of the hardstone quarries. In these areas, groundwater protection is a particularly important concern. The nature of the climate and geology means that there are very few permanent streams in the Maltese Islands. As a result, permanent surface freshwater resources are rarely affected by quarrying activities. A low level of suspended solids can be contained in surface water run-off from quarries and this would be expected to enter the groundwater aquifer. This Plan includes policies to protect the Islands’ water resources. Landscape and Visual Impacts Landscape and visual impacts can be distinguished as follows: • Landscape impacts: these consist of the changes in the fabric, character and quality of the landscape that it is predicted would result from mineral extraction; • Visual impacts: these relate to views of the landscape available from publicly accessible areas and residential dwellings and the predicted effects of these landscape changes on the public and residents, i.e. receptors. Existing quarries are often located in areas of landscape value and highly prominent areas such as uplands and coastal zones. It is not simply the impact of the quarry itself that is of concern, but also the associated plant and equipment that can be located in prominent areas and also traffic movements. Issues to be considered include: • The landscape character of the area; • The effects of modifications to the landform as a result of quarrying; • The location of built development and receptors; • The vegetation of the area and whether this can be replicated through restoration; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 51 • The existence of natural screening, such as intervening vegetation and landforms; • Whether there are public footpaths nearby. In the Maltese Islands, the existence of natural screening through vegetation cover is limited. Woodland covers only about 0.5% of the land area. This Plan requires a landscape analysis at site level to be integral to development permit applications and establishes a restoration strategy for the Islands. Traffic Traffic impacts can result from both on-site and off-site traffic movements. On-site impacts can result from: • Overburden movements; • Load and carry operations; • Internal haulage; • Load-out operations. Environmental concerns in the vicinity of a quarry include: • Noise impacts, particularly for receptors near the site boundary; • Visual impacts, particularly during the initial earthworks; • Air quality impacts, as a result of the generation of airborne dust. The off-site transportation of hardstone and softstone in Malta is undertaken solely by road. As there are no restrictions on the roads that quarry traffic can use, the transportation of mineral can affect residential areas both close to quarries and some distance away. The number of lorries using the roads is not generally considered to be a particular problem, however, the suitability of routes used raises a number of environmental issues. Environmental concerns include: • Congestion on roads adjacent to quarrying; • Physical damage to roads; • Severance and other community impacts; • Transfer and deposition of materials onto the public highway; • Impacts on tourism; • The generation of excessive noise on adjacent properties and in village centres. Lorries carrying aggregate material in the Maltese Islands are required to be sheeted, although evidence indicates that sheeting practice can be poor. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 52 This Plan requires operators to ensure that traffic generated by quarrying can be satisfactorily accommodated within the highway network. Health and Safety The key areas of concern with regard to health include: • Dust and the potential for contributing to respiratory conditions; • Traffic and the emissions from lorries, particularly where lorries pass through towns and villages; • Health issues surrounding working practices, particularly in the softstone industry; • The lack of use of protective clothing by quarry workers. Issues of safety are important in the Maltese Islands and there are a number of potential hazards: • Access to quarry perimeters and steep faces; • Access to the quarries themselves, plant and equipment; • The stability of quarry faces during working; • Perched access roads in softstone quarries; • The long-term stability of faces. Quarries are usually required to provide stone walls around the perimeter of sites, however, these are generally inadequate to prevent access. It is not normal practice to fence off working areas. Quarry faces are extremely steep and at softstone quarries usually vertical. This is as a result of operators maximising the exploitation of the resource. There are sites where properties actually abut quarry faces. The stability of faces is a key issue as slope stability analysis is not standard practice. Slope stability is particularly important at disused quarries and at sites undergoing restoration. A related issue is the stability of overburden and other materials storage (such as inert wastes). The land-use planning system can influence quarry working so that the health and safety risks are minimised. This can include seeking to minimise dust emissions, ensuring adequate perimeter treatment, controlling the output from quarries and requiring slope stability assessments on completion of site working. Cumulative Effects In instances where there are a number of quarries operating within a confined geographical area, individual environmental impacts are likely to become cumulative. This can lead to a significantly greater loss of amenity for local residents than is apparent from the operation of single sites. The nature of the cumulative impacts from quarrying will depend largely on the extraction processes being used. The assessment of cumulative impacts should form an element of any EIA for quarrying. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 53 Conclusions The issues discussed in this Section all have to be considered; first, in the policy formulation system addressed in this Plan; and second, in the decision-making process when development permits are being considered. The development control and policy framework provided in this Plan address the environmental considerations that should be considered by operators in preparing applications for development in the form of: • Policies governing the future release of land for minerals extraction; • Policies aimed at protecting the areas scheduled by the Malta Environment & Planning Authority; • Policies concerned with addressing the environmental impacts of quarry operations. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 54 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 55 7. An Analysis of the Existing Policy and Regulatory Framework Introduction The review of minerals demand supply and the potential impacts on the environment has demonstrated the need for an effective policy and regulatory structure to address the issues raised by extraction, processing and transportation. It is the aim of this section to review, in more detail, the existing system of control and to highlight the issues that require addressing through the policies and recommendations of this Subject Plan. The following points are addressed: • International policy and its impact for planning on the Islands; • Existing Structure Plan policy; • Local Plan policy; • The Development Control system and related legislation. International Policy The potential accession of the Maltese Islands to the European Community (EC) will have a significant impact on environmental planning in all sectors of Maltese industry. The Single European Act (1986), which facilitated a fully unified market, recognised the importance of harmonising environmental standards within the Community. Article 130 of the Act included the following environmental objectives: • To preserve, protect and improve the quality of the environment; • To contribute towards protecting human health; • To ensure a prudent and rational utilisation of natural resources. European environmental policies in the last three decades have been driven by a series of Action Programmes on the Environment, which in turn have led to numerous Directives. The initial Programmes were very much geared to preventative measures, however, in the early 1990s, the EC adopted ‘The Environmental Imperative’ which sets out guidelines based on the principles of sustainable development. The concept of sustainable development initially gained common currency in 1987 during the World Commission on Environment and Development and subsequently the Rio Declaration on Environment and Development in 1992, which emanated from the Earth Summit. The Treaty on European Union in 1993 (the Maastricht Treaty) accepted that ‘sustainable and non-inflationary growth respecting the environment’ should be one of the Union’s principal objectives. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 56 Many definitions of sustainable development have been adopted but a common definition is: ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’. Elements of sustainability which stemmed from the Earth Summit included: • Agenda 21: an action programme for achieving a more sustainable local pattern of development; • The Climate Change Convention: a framework to reduce the risks of global warming by limiting the emission of greenhouse gases; • The Biodiversity Convention: a framework for protecting species and habitats; • A Statement of Principles for the management, conservation and sustainable development of forests. In the context of minerals extraction, issues for sustainability include: • The appropriate use and management of mineral resources; • The environmental constraints on the availability of resources in the longer-term; • The alternatives to the exploitation of non-renewable resources; • The contribution of minerals to economic growth and improvements in standards of living; • The environmental impact of exploiting the resource; • The contribution of restoration to land use objectives. Each of these factors are considered in the Minerals Subject Plan. National Minerals Policy Structure Plan Policy Current national minerals policy is contained within the Structure Plan for the Maltese Islands, which was adopted in 1990. Appendix A lists the minerals policies contained in the current Structure Plan and a review of their implementation. The Structure Plan policies seek to meet the main objective of satisfying the demand for minerals locally by fully exploiting existing quarries and ensuring that minerals deposits are not sterilised. The strategy has been pursued, in part, through the research on the distribution of potentially exploitable mineral resources (the Minerals Resource Assessment 1996) and the establishment and operation of a Minerals Board in 1991. The Structure Plan also sets out the principal objectives for the control of minerals related development. Namely, to extend controls on both the siting of quarries and on the operation and c:\temp \mineral sp\final approved 29 may 03.doc May 2003 57 restoration of quarries, to protect the environment of the Maltese Islands, while ensur ing an adequate supply of minerals over the plan period. Many of the principles in the Structure Plan remain pertinent today and the Minerals Subject Plan builds on these principles. The Structure Plan Review will take forward the strategic aims of this Subject Plan. Local Plan Policy The Maltese Islands are covered by seven local plan areas. To date, one has been adopted (Marsaxlokk Bay Local Plan, 1995); three are at an advanced stage of preparation draft stage (Grand Harbour, North Harbour and North West Local Plans) and the remaining three are in preparation (Central Zone, Gozo and Comino and Malta South Local Plans). It is the purpose of the local plans to expand upon the adopted policies in the Structure Plan and to provide more detailed guidance where this is considered to be necessary. In the Marsaxlokk Bay Local Plan, for example, Policy ME04 relates to quarrying expansion and identifies an area for future quarrying. Development Control Code of Police Laws Prior to the introduction of the Planning System in 1992, the licensing and issuing of permits for quarrying was regulated by Part 2 of the Code of Police Laws. Many of the Islands’ quarries, particularly in the softstone sector, still operate solely under the Police Licensing regime. The applicant was required to submit details of land ownership, a site plan, a declaration regarding neighbouring property, certain personal details, and a declaration that the applicant would not commence quarrying until the issue of the licence. The Police, in processing the application, consulted: • The Planning Area Permits Board; • The Director of Works (Quarries and Explosives); • The Director of Trade; • The Chief Government Medical Officer; • The Enemalta Corporation; • The Water Works Department; • The Ministry of Tourism; • The Director of Museums; • The Director of Labour (Safety Unit); • The Department of the Environment. Each of these Departments could refuse to grant clearance, or issue an approval subject to conditions. Typically, the conditions would cover blasting, depth of working, machinery, pollution, and boundaries. In respect of reclamation, the more recent licences had conditions imposed by the Department of the Environment requiring the removal of plant and equipment and a responsibility to leave the quarry in a state suitable for after-uses such as agriculture. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 58 However, no specific restoration scheme was required, while older licences had no conditions imposed. While the Malta Environment & Planning Authority has assumed responsibility for the issue of development permits, licences are still required from the Commissioner of Police. As before, a licence is valid for one year and the Commissioner will consult with Departments prior to renewal. An annual fee is charged and new conditions may be imposed. A separate licence is required for blasting, the procedure for which is explained later. While a licence can be withdrawn if conditions are not complied with, renewal has been more or less automatic, with limited use made of the ability to impose new conditions. In effect therefore, licences have not been restricted in terms of their life. The Police do not monitor the licence conditions. Following the establishment of the Malta Resources Authority in 2001, this body has assumed control of the licensing system. This is a significant change and provides an opportunity to review the licensing regime. Development Planning Act The Development Planning Act 1992 established the Malta Environment & Planning Authority and introduced new procedures for the consideration of proposals to develop land. In place of the licensing regime, it introduced the need for would-be developers to obtain development permission from the Malta Environment & Planning Authority. Amendments to the Act were introduced in 2001. In considering applications for development permits, the Malta Environment & Planning Authority was granted the power to attach conditions to any permit granted. Section 39 of the Act relates specifically to applications for mineral related development and allows the Malta Environment & Planning Authority to require detailed provisions to be put in place to ensure the environmental protection of the land, both during working and at exhaustion of the minerals. To ensure that development work is being carried out ni accordance with the permission granted, the Act also provides for the enforcement of control. Through monitoring, the Malta Environment & Planning Authority is able to ascertain whether development is breaching conditions imposed. In practice, extensive monitoring has not been possible and many breaches of control (such as quarry extensions) have taken place. Those breaches that have been detected have typically resulted in fines, but could result in terms of imprisonment for the operator. The implementation of a new development control system has strengthened environmental controls through: • Requiring Environmental Impact Assessment for most quarry developments; • Tying landscaping and restoration requirements for quarries to bank guarantees; • Requiring Malta Environment & Planning Authority permits for development to be site and area specific (in place of being tied to a specific owner). Environmental protection has been sought through the implementation of a much wider range of environmental and restoration conditions when granting development permits and seeking the productive re-use of quarries following the exhaustion of sites. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 59 The amendments to the Act in 2001 included, at Section 55, provision for an enforcement notice if the amenity of an area is injured by the appearance of buildings or any land. The notice would specify the actions required to abate the injury. In the context of minerals development this is a significant change as these developments can be visually intrusive. Environment Protection Acts The Environment Protection Act 1991 established a number of key principles, which provide for the protection of the Islands’ environment. These included: • To protect the environment through preventative and remedial measures; • To consider environmental as well as socio-economic concerns; • To minimise pollution; • To safeguard biological diversity; • To safeguard cultural heritage; • To conserve natural resources. The Act covered the control of harmful substances, noise and energy, discharges into the sea, disposal and dumping on land, the protection of flora and fauna and the protection of historical heritage. Part eight of the Act set out the requirements for Environmental Impact Assessment and the need to consider effects on: • Human beings, fauna and flora; • Soil, water, air, climate and landscape; • The economy and historical heritage; • The social environment. Requirements for EIA are set out below. Other Legislation and Blasting Procedures Quarries are also subject to two other significant pieces of legis lation: • The Fertile Soil (Preservation) Act 1973, as amended in 1980; • The Explosives Ordinance. The Fertile Soil Preservation Act requires soils affected by development to be removed, stored and used elsewhere. The movement of soil requires a permit from the Ministry of Agriculture and Fisheries. With regard to explosives the ordinance regulates the supply, storage and use of explosives and there is strict Government control. The blasting process is subject to set procedures, which typically run as follows: c:\temp \mineral sp\final approved 29 may 03.doc May 2003 60 • The quarry owner faxes to the Malta Environment & Planning Authority the Blasting Planner, which includes a site plan of the licensed boundary of the quarry, the number of prepared shot-holes, charge, burden and location etc; • The Malta Environment & Planning Authority gives the clearance for blasting and faxes to the Police Weapons Office that there is no objection; • The majority of the blast monitoring in Malta is carried out by an independent consultant and at times also by the Malta Environment & Pla nning Authority; • The Consultant forwards a blast monitoring report to the quarry owner and to the Malta Environment & Planning Authority; • If the peak particle velocity is too high, the Commissioner of Police and the Minerals Board will be informed accordin gly. The Minerals Board recommends further action to mitigate/lower the resulting vibration levels. A maximum peak particle velocity of 8 mm/second is generally applied throughout the Islands. However, in sensitive locations, such as sites in close proximity to older buildings, this figure is reduced. In the past, hardstone quarries had a limit of 50 kilograms per hole and no monitoring was undertaken. The charge limits have now been substantially reduced, usually to between 15 and 25 kilograms per hole, but sometimes less in more sensitive areas. Environmental Impact Assessment As noted above, legislation requires that all major developments with a potentially significant impact on the environment are subject to an Environmental Impact Assessment (EIA) to predict the effects of the proposal on the physical, biological, social and cultural environment. The Malta Environment & Planning Authority, under the Development Planning Act, has issued new Regulations setting out the detailed requirements (Environmental Impact Assessment Regulations 2001). Generally, three main types of development require EIA: • Large scale projects that are more than of local importance; • Smaller projects that will affect particularly sensitive or vulnerable areas (e.g. water protection zones, archaeological and ecological sites); • Projects of any size that will produce unusually complex or potentially harmful effects, some of which may be cumulative or long lasting. An EIA will not be required in instances where the effects of a development proposal are clear, easily understood and not significant. In practice, most mineral developments will require EIA. In instances where an EIA is required, a development permit application will not be considered until the relevant information has been submitted. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 61 Types of EIA There are two types of EIA which can be required and the Malta Environment & Planning Authority determines which category a development proposal falls into: • Category 1 Projects: typically of a more major nature and requiring the submission of an Environmental Impact Statement (EIS); • Category 2 Projects: generally smaller projects where environmental impacts may still be expected, or are uncertain. This requires the submission of an Environmental Planning Statement (EPS) in most instances. For mineral workings, the requirement for EIA is divided into hard rock and soft rock quarries. In both cases, any proposal to develop a new quarry outside an area of potential mineral working identified in an approved plan, is a Category 1 Development and requires a full EIS. Extensions to hard rock quarries and any development in excess of 3 ha require a full EIS. Similar provisions apply to soft rock quarries, where a 5 ha threshold applies. Hard rock quarries are also Category 1 where they are within 500 m of more than 300 dwellings or a site designated for more than 300 dwellings. For hard rock quarries, Category 2 Projects include the development or extension of a quarry up to 3 ha, any quarry within 300 m of a protected site or any quarry within the aquifer protection zone/500 m of a borehole. For softstone quarries, similar provisions exist with a less stringent threshold of 200 m for dwellings and protected sites.. The EIA procedures also cover mineral processing activities and offshore dredging. Within the EIA procedures, quarry developments can also be considered under other criteria, including ‘Development on the Coast’. This Minerals Subject Plan includes policies related to EIA and the preparation of EISs and EPSs. EIA Terms of Reference Based upon the information provided by the developer to the Malta Environment & Planning Authority, the Malta Environment & Planning Authority, in association with other public bodies and consultees, set the terms of reference for the EIA based upon the significant impacts that could arise from a particular development. Generally, the requirements for an EPS are less onerous than an EIS. Assessment of Environmental Statements The developer must appoint approved consultants to undertake the EIA. Having detailed the proposed development, described the existing environment, assessed the impacts of the development project and designed mitigation measures, the EIS or EPS is reviewed to ensure that the terms of reference have been met and that the statement is accurate. Amendments are made as required and the Malta Environment & Planning Authority considers the EIS/EPS in determining the development permit application in the context of approved planning and environmental policies. The submissio n of an acceptable EIS/EPS does not guarantee a consent for the development. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 62 Experience of EIA in the Mineral Industry to Date Since the introduction of EIA to the Maltese Islands in 1993, a number of trends have become apparent in development proposals concerning minerals workings: • Most EIAs require the input of a number of separate consultants. This can result in an EIA which lacks consistency and integration; • A number of EIAs have been overly-detailed with consultants providing information which is not required by the Malta Environment & Planning Authority to determine a development permit application; • As a result, the production of EIAs has been expensive which may discourage quarry operators to apply for a permit. In formulating policy in this Subject Plan, a balance has been sought in terms of the need to bring all sites, including those solely regulated through Police licensing, within the Planning System and the need for an extensive EIA which could deter such an application. Restoration, Landscaping and Bonding Mechanisms In the longer-term, the acceptability of quarrying will be inextricably linked to the performance of the industry in restoring quarries to beneficial after-uses. The sustainable re-use of land is a critical issue that the minerals industry on the Islands will have to address. Government and the public are more likely to look favourably on development proposals if a high standard of restoration can be proven. Examples of restoration practice in the Maltese Islands currently relate, in the main, to softstone quarries with restoration to agriculture and orchards, where inert wastes have been used to raise the quarry floor. Restoration within hardstone quarries has been negligible. The fact that many quarries are operating solely under older licences means that restoration obligations are not in place for a large number of sites. Plate 7 c:\temp \mineral sp\final approved 29 may 03.doc Restoration to Agriculture May 2003 63 In arid countries such as the Maltese Islands, there are particular problems and constraints in site restoration as a result of the relative lack of soils and water. It is therefore difficult to establish vegetation, both for restoration and landscaping. It means that the proposed planting must be carefully chosen and outlined as part of a restoration and landscaping strategy. To secure adequate restoration, and in view of the fact that restoration practice has been limited on the Islands, the Malta Environment & Planning Authority are now requiring a restoration bond on new and extended sites. Restoration Guarantee M echanisms Restoration guarantees are used in many countries to protect against restoration failure. It acts as a safeguard for regulatory authorities and the public to ensure that restoration will take place to an acceptable standard. It is normally a financial guarantee that ensures sufficient resources are accessible to cover the expenditure necessary to implement the restoration conditions. Restoration failure can result from a number of factors including: • Liquidation of the operator; • Inadequate monit oring and enforcement; • Operator ‘walking away’ from obligations; • Inadequate or inappropriate conditions on consents; • Shortage of fill materials. Guarantees can come in several forms including bonds, deposits or mutual funding schemes operated through trade or similar umbrella associations. In devising mechanisms to act as a guarantee, it is important that excessive costs are not placed on operators in the short-term, which could reduce investment in other environmental mitigation measures or investment in modern plant and equipment. Two types of guarantee can be identified: • A guarantee is determined on an ad hoc basis according to the type of mineral extracted and extent of the consent, either by reserve, production or consented area; • A nationally organised funding scheme, organised for example through a trade association. An example is the Quarry Products Association Restoration Guarantee Scheme in the UK, which is targeted at restoration failure arising from liquidation or bankruptcy. In some countries, guarantees are underpinned by legislation, while in others they are common practice, required through conditions or agreements. Table 7.1 illustrates practice in other European countries as at 1995. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 64 Table 7.1 Use of Restoration Guarantees in Other European Countries Country Bond Required by Legislation No Legal Requirement for a Bond But Frequently Used Austria - ü Belgium ü - Denmark ü - UK - ü Finland ü - France ü - Germany - ü Greece ü - Ireland - ü Italy - ü Netherlands - ü Portugal ü - Spain ü - Source: ‘Mineral Planning Policy and Supply Issues in Europe’, DETR (1995) The Use of Bonds in the Maltese Islands It is now standard practice in the Maltese Islands for new applications for minerals and minerals related development to require bonds to be submitted to ensure that certain works are carried out. Commonly, bonds have been required for the following: • To ensure that restoration occurs; • To ensure landscaping schemes are carried out; • To ensure the removal of plant and machinery on the completion of extraction. A typical example of a landscaping bond would run as follows. A bond, of say, Lm 5000 is initially submitted but is reduced by Lm 1000 once the landscaping strategy is agreed. The bond would continue to be reduced on a sliding scale once certain works are carried out. For the removal of plant and machinery, the bond may begin as a low figure and increase for every year of the quarry’s life. If the plant and machinery were not removed 5 years after the exhaustion of the quarry, the bond would be called upon. Bonds for restoration have been sought on an individual and ad hoc basis and there is no set standard or national scheme, operated by Government or trade bodies. With regard to future practice in respect of restoration guarantees, a preferred approach would be an industry-wide scheme. The key constraint to this, in the Maltese Islands, is the lack of a single trade association covering the entire quarrying industry. The softstone industry is particularly fragmented. Until such a body, or bodies (covering hardstone and softstone) exist, it will be difficult to operate a nationally agreed scheme. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 65 Issues in the Regulatory System The Nature of Minerals Extraction In the Maltese Islands, minerals extraction is controlled under the basic legislative structure that controls all forms of development. However, the nature of minerals extraction means that operations are very different. Building and engineering operations are characterised by short periods of intense activity during the construction phase and when the construction of the development is completed, the use effectively begins. Minerals extraction activities do not follow this pattern. Operations proceed over a much longer period and they may temporarily cease and then reactivate at a later date. Development is also transitional in the sense that operations are not an end in themselves and the land needs to be treated on the completion of extraction activities to make it fit for an appropriate after-use. Extraction is an essentially destructive operation and the Malta Environment & Planning Authority needs to consider the longer-term use of the land. As extraction may cease either in the short or longer term, it is difficult for the Malta Environment & Planning Authority to establish whether the site may be reactivated or has been abandoned. As noted in Section 4, abandoned quarries can be considered as those where no working is taking place and where no working is expected in the future. The quarry is therefore likely to remain unrestored. There are limited powers within the existing legislative structure for the Malta Environment & Planning Authority to effectively deal with cases of abandonment and to intervene to ensure that restoration commences. However, the amendment to the Development Planning Act noted above (Section 55), aimed at dealing with buildings or land causing injury to amenity, provides an opportunity to reduce the impact of operational or abandoned sites. Minerals extraction may proceed over several decades and during this time frame the needs and aspirations of society can substantially change. This relates not only to general working practices and standards, but also to the appropriate after-use of the site. The continuous nature of the operation means that sites need to be monitored over a much longer period and the range of conditions attached to consents may be greater than for other forms of development such as housing. As standards change, it may be necessary to review consents with a view to imposing new conditions. A system for the periodic review of conditions on mineral consents does not form part of the current planning legislation in the Maltese Islands, although the Malta Environment & Planning Authority has been issuing short-term consents that have to be renewed. The Police Licensing System, which will now be managed by the Malta Resources Authority, does require the annual review of licences and there is an opportunity to impose conditions through this route. Another key point is that extraction can only occur where the mineral is found, while other forms of development have a range of alternative locations. This means that geology is the first key constraint to development before the consideration of other economic, environmental or social considerations. This Minerals Subject Plan recommends a review of aspects of the current legislative structure. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 66 Sites Operating under Old Police Licences Many of the Islands’ quarries, particularly in the softstone sector, are operating solely under Police licences, with limited conditions and without restoration plans. The Police licences were linked to the licensee and not the land and were rarely time limited, although they have to be renewed on an annual basis. As previously noted this renewal has been almost automatic. It is only when extensions to sites are applied for, and are subsequently brought within the development planning procedures, that opportunities have arisen to impose more detailed modern operational and restoration conditions. In this case, it would be the aim of the Malta Environment & Planning Authority to apply the conditions across the whole of the site. Very few of the softstone quarries on the Islands have development permits, however, almost all hardstone quarries have permits relating to extraction or processing activities. It is recommended, therefore, that the Malta Environment & Planning Authority seek to use the annual review of Police Licences to impose more comprehensive conditions on site working and restoration. As the licensing system will now be the responsibility of the new Malta Resources Authority, the Malta Environment & Planning Authority will progress this issue with the Authority. Inactive and Disused Sites These sites represent an environmental problem as: • They can cause a permanent scar on the landscape; • They can represent a long-term problem in terms of safety; • They may be used for fly tipping; • Sites may include old machinery and potential pollutants. There are a number of issues arising: • How does the Malta Environment & Planning Authority determine whether a site is likely to be re-activated in the future? • Should the legislation incorporate a test in terms of a stated period of inactivity, so that action may be taken either to extract the remaining reserve or require restoration to begin? • Should any test require the extraction of more than a ‘token’ quantity of mineral? • How could the Malta Environment & Planning Authority effectively monitor sites? Where quarries have been inactive for some time, it would be desirable if the Malta Environment & Planning Authority could require restoration to be carried out where the site has been exhausted, or to revoke the consent and require a fresh development permit without the penalty of compensation. The latter would allow modern conditions to be applied prior to the reactivation of the site and for a restoration scheme to be agreed. It is recommended that any review of the legislation should address these issues. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 67 Illegal Quarrying and Related Activities A key problem is that operators often do not adhere to existing conditions or approved plans and will frequently extend quarries beyond their permitted area. The 1991 Structure Plan Report of Survey on quarrying found that a large amount of quarryin g was undertaken at sites without permits (an estimated 40%). The situation has significantly improved since then as the Malta Environment & Planning Authority has become established and operators are required to submit applications for development permits to sanction illegal activities. Illegal quarrying is a particular problem in the softstone industry in Gozo, where eight of the nine softstone quarries have implemented extensions without a permit. In Malta, significant illegal softstone quarrying has occurred at the quarries in the Siggiewi area and a number have been suspended. With regard to hardstone, in around half the quarries, illegal quarrying or related activities have been identified. Common areas that have led to enforcement action include: • Quarrying outside permitted boundary; • Quarrying below the permitted depth; • Removal of soils outside the permitted boundary; • Illegal backfilling; • Construction of plant without a permit, including asphalt, brick and concrete plants, together with warehouses and garages; • Relocation of plant without a permit; • Construction of boundary walls without a permit. Monitoring and Enforcement It has been noted that mineral consents require a longer-term commitment to monitoring. In this respect, a few general comments can be made: • There is a lack of monitoring of existing sites particularly softstone quarries. Certainly, the conditions imposed by Police licences are not monitored, while the lack of resources available to the Malta Environment & Planning Authority means that conditions imposed as part of the development permit are unlikely to be effectively monitored. • Hardstone sites are regularly monitored during blasting operations, and there is an opportunity to monitor other aspects of the site’s operation at that time. • Related to this is the lack of enforcement. It should be recognised that the Planning System in Malta is still relatively young and that effective enforcement is a clear weakness that is not merely confined to the minerals sector. The fact that hardstone quarries have been more closely monitored than the softstone quarries, is illustrated by the fact that over half of the hardstone quarries have been subject to enforcement action. A more limited number of softstone quarries have received enforcement notices, c:\temp \mineral sp\final approved 29 may 03.doc May 2003 68 although in Gozo almost all of the quarries have received notices in view of working beyond their permitted boundaries. It is important that any actions resulting from this plan balance what can reasonably be expected of the resources available to the Malta Environment & Planning Authority. Restoration As noted above, most quarries have been authorised solely through Police licensing and do not include comprehensive restoration conditions. A key aim of this Minerals Subject Plan is to guide restoration in the future and to emphasise that, in the longer-term, the acceptability of quarrying will very much depend on the standard of restoration. One constraint to effective restoration within a broad strategic framework is the fragmentation of land ownership. Landholdings, particularly within the softstone industry, tend to be small, so that in the long-term, intervention by the Malta Environment & Planning Authority may be necessary to ensure that operators co-operate to restore and re-use sites within such a framework. Modern Development Permits The Malta Environment & Planning Authority has taken steps to address many of the issues outlined above. In addition to many of the standard terms of Police licences governing factors such as blasting and maximum depths of extraction, a typical development permit for minerals extraction will include: • The requirement that development will begin before a designated period after the consent is given, say one year; • A fixed time limit whereby extraction activities shall cease; • Hours of operation restrictions; • The removal of plant and buildings on the completion of extraction activities and lodging of a bank guarantee to that effect; • The provision of a restoration scheme; • A landscaping scheme and the provision of a bank guarantee; • Controls on noise and blasting; • Provision for investigating archaeological features found during extraction; • Ensuring that working does not proceed to the permitted boundary so that standoffs are maintained to, for example, adjacent highways. Conclusions The policy framework for this Subject Plan should be well established within the growing concerns of sustainable development and related concepts such as biodiversity. This Section has identified weaknesses in the existing legislative regime which does not reflect the long-term c:\temp \mineral sp\final approved 29 may 03.doc May 2003 69 and continuous nature of minerals extraction. These factors are addressed either in the policy framework of this Plan or as part of its recommendations. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 70 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 71 8. Hardstone and Softstone Policies Introduction This section sets out policies that seek to meet the requirement for mineral resources over the Plan period. A complete listing of policies is set out in Appendix B. Sections 4 and 5 of the Plan detail the existing hardstone and softstone sites and the demand and supply of minerals. It is concluded that adequate reserves exist to meet the demand for softstone and hardstone over the Plan period, both in Malta and Gozo. A key feature of the minerals industry on the Maltese Islands is the relatively large number of sites and operators. The sites are at various stages of working and the Malta Environment & Planning Authority are endeavouring to establish an accurate view on the extent of the permitted reserves. Aerial photography has been used to estimate reserves, but it is recognised that the database could be improved through full industry co-operation in a regular survey. The estimates of production and reserves would suggest the there is no need to grant any development permits for quarrying for the entire Plan period. However, as better industry cooperation could enhance the existing database in time for the first review of the Plan at around 2005, it is considered that no new sites should be granted until the first review at which point the data will be re-assessed. The approach to existing and future site development is as follows: • To presume against the development of new quarries; • To seek an improvement in the statistical database on production and reserves; • To provide a policy framework for quarry extensions; • To put in place policies safeguarding potential resources identified in the Minerals Resource Assessment; • To provide a policy framework for encouraging the development of alternative supplies. Statistics on the Minerals Industry The Malta Environment & Planning Authority, through liaison with industry and its representative bodies, will introduce periodic surveys of production and reserves to allow for continual monitoring of demand and supply. Surveys will require the full co-operation of the industry, who will benefit in the following ways: • It will facilitate a more accurate assessment of demand; • This will in turn enable planning to ensure the demand is met; • It will give an early indication of potential deficiencies in supply; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 72 • This will help in guiding the release of resources in the future. The Malta Environment & Planning Authority will undertake surveys every two years. Policy HS1 The Malta Environment & Planning Authority will undertake surveys of minerals production and reserves at two yearly intervals to facilitate the monitoring of demand and supply. New Sites 8.7 There are a large number of quarries on the Islands, at various stages of development and adequate reserves exist as set out in Section 5. Until the first review of the Plan, there will be a presumption against new quarry development. A disused quarry that does not benefit from an existing development permit should not be treated in the same manner as an active quarry. A request for an extension/reactivation of a disused quarry should be treated as a new quarry. As noted above the Malta Environment & Planning Authority will seek to improve, in the period to the first review, the database for quarry production and reserves and this will feed into that review. Policy HS2 There is a presumption against the granting of new hardstone and softstone quarries, at least until the first review of the Minerals Subject Plan. . Pending this review MEPA may consider only applications to extend existing licensed quarries favourably subject to their compliance with the other policies of this Plan. Extensions to Existing Quarries 8.8 While there is a presumption against the development of new quarries, extensions to existing quarries may be acceptable to the Malta Environment & Planning Authority. 8.9 Quarrie s may extend either vertically or laterally and the environmental implications of the extension will be very different in each case. A lateral extension will involve more surface related impacts, while a vertical extension will potentially have significant groundwater implications. Applicants should consult with the Malta Environment & Planning Authority on the scope of an EIA, as it is likely that the range of issues to be addressed for extended sites will not be as great as for new sites. For vertical extensions in particular, the scope of the EIA may be reduced solely to relate to potential impacts and effects on groundwater. 8.10 While extensions may be acceptable, each application will be assessed against the criteria set out in Policy HS3. Policy HS3 Applications to extend existing quarries, either vertically or horizontally, will be treated on their merits and subject to the other policies in this Subject Plan. Extensions are more likely to be given favourable consideration if all of the following crite ria are satisfied: c:\temp \mineral sp\final approved 29 may 03.doc May 2003 73 • The extension will not adversely affect a scheduled or designated site or area; and • The existing quarry has been operated in a satisfactory manner, consistent with the licence and development permit conditions; and • There have been no sig nificant environmental impacts associated with the existing operations that would be prolonged by the extension; and • There will be no adverse impacts on groundwater quality or quantity; and • The application incorporates a comprehensive and progressive restoration scheme for the quarry. Balancing Need and Environmental Impact 8.11 It is important that all mineral development proposals clearly outline the benefits and disbenefits of the development. In doing this, the need for the mineral should be stated. 8.12 Structure Plan Policy MIN9 states that proposals for mineral development will not be permitted unless the need for the mineral outweighs the environmental impact. This basic principle is maintained within this Subject Plan. However, in assessing need, advice is given here on the issues that may be considered by the Malta Environment & Planning Authority. 8.13 In the interests of sustainable development and the husbanding of resources, good quality resources should not be used where lower grade resources would suffice. Applications for development permits are required, under policy DC3, to provide information on the geology of the site. Applicants are also required, under Policy HS4, to indicate the proposed markets for the material and this information will be utilised by the Malta Environment & Planning Authority in determining the acceptability of the development, in terms of ensuring that the quality of the resource is suitable for the proposed end-use. Policy HS4 Proposals for mineral development will only be permitted where the need for the mineral outweighs the environmental impacts that are likely to arise. In assessing the need for the mineral, the Malta Environment & Planning Authority will consider: • The prevailing level of permitted reserves on the Islands; • The proposed markets for the mineral; • The quality of the mineral resource; • The availability of alternative supplies. 8.14 Structure Plan Policy MIN4 commits the Malta Environment & Planning Authority to maintain permitted reserves for about 20 years extraction over the Islands as a whole. Historically however, data on permitted reserves has either not been available or has c:\temp \mineral sp\final approved 29 may 03.doc May 2003 74 not been sufficiently reliable to allow a detailed assessment. This has made the implementation of Structure Plan Policy MIN4 particularly difficult. 8.15 The Malta Environment & Planning Authority’s own research indicates that there is an adequate landbank for both softstone and hardstone, consistent with Structure Plan policy. 8.16 Policy HS4 provides for an assessment of reserves and it is hoped that data from industry will become available during the first review. Once the data is available, then the Malta Environment & Planning Authority will be able to re-assess the life of reserves and feed this into the first review. Safeguarding Resources 8.17 A key aim of this plan is to avoid, wherever possible, the sterilisation of finite and irreplaceable resources in the interests of sustainable development. Built development has already encroached on areas where good quality material has been thought to exist. The Minerals Resource Assessment is used here as a tool to safeguard resources through identifying Mineral Safeguarding Areas. 8.18 It is the policy of the Malta Environment & Planning Authority that these potential resource areas should be protected, which is given expression in Policy HS5. Proven or inferred mineral reserves outside the Minerals safeguarding Areas shall also be protected from sterilisation as a result of built development as per Structure Plan Policy. This does not imply that development permits will be granted, as within the Safeguarding Areas, environmental constraints or potential impacts may preclude extraction. Policy HS5 There is presumption against the sterilisation of hardstone and softstone resources in the Minerals Safeguarding Areas shown on Figure 6. Pending the review of the Structure Plan, mineral reserves outside the Minerals Safeguarding Areas shall also be protected from sterilisation as a result of built and other forms of development. The Authority may permit the extraction of the mineral prior to development, and its phased release onto the market, except where it would have significant adverse effects on local communities or on the environment . Development in Mineral Safeguarding Areas 8.19 It is the policy of the Malta Environment & Planning Authority that where other forms of development such as housing, commercial property or industrial units are permitted, the prior extraction of the resource will be encouraged. This particularly relates to larger developments that could sterilise a significant amount of mineral. It is recognised, however, that prior extraction may not always be feasible, as it may prejudice the development of the land, or extraction may have significant impacts on the environment. In such cases prior extraction of minerals will not be permitted. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 75 Policy HS6 The prior extraction of minerals in advance of development that would sterilise the resource will be required except where it would prejudice the development of the land or would have significant adverse effects on local communities or the environment. 8.20 Over extraction of mineral resources shall be discouraged unless the need for the resource can be justified. Proposals for additional extraction of mineral resources may be permitted. subject to adequate mitigation of any resulting impacts. In this context proposals for additional mineral extraction shall also be compliant with the proposed Structure Plan policy framework. Over extraction of mineral resources is the extraction of mineral resources in excess of the annual estimated production from hardstone and softstone quarries respectively as estimated on the basis of bi-annual surveys (ref. Para. 8.5 and 8.6 and policy HS1, pp.71-72,Final Report, Minerals Subject Plan) Policy HS7 Pending the review of the Structure Plan over extraction of mineral resources shall be discouraged. If, in the opinion of the Malta Environment and Planning Authority , there is a clear and justified need for the resource and extraction of additional mineral resources is permitted, the necessary mitigation measures should be in place and the developer shall be required to make a bank guarantee as safeguard against default Alternative Supplies 8.21 The main concern with regard to alternative supplies relates to alternatives to the production of hardstone for use as aggregate. The alternatives to using softstone blocks are concrete products and potentially the use of reconstituted stone in brick manufacture. Softstone blocks, however, are required for their aesthetic quality in buildings and as cladding and, in this sense, there is no alternative. Recycling and Waste Arisings 8.22 The use and recycling of waste materials is encouraged by Government and the two key sources of recycled materials comprise: • Construction and demolition wastes; • Quarry waste, particularly from softstone quarries. 8.23 It has been indicated (in Section 5) that construction and demolition waste arisings were estimated at 1 million tonnes in 1997, based on disposal rates at Maghtab and assumptions on arisings in Gozo. Since then, the Solid Waste Management Strategy estimates arisings in Malta alone to have grown to about 1.2 million tonnes. The emerging ‘Space for Waste - The Waste Management Subject Plan’ further predicts inert waste arisings to be around 14 mt over the period to 2010. 8.24 The disposal of inert wastes at Maghtab in significant quantities is not in the interests of sustainable waste management and there is a presumption, in the emerging ‘Space for Waste - The Waste Management Subject Pla n’ that the re-use of waste materials c:\temp \mineral sp\final approved 29 may 03.doc May 2003 76 should occur wherever possible. The Solid Waste Management Strategy goes further in setting challenging targets for reduction and recovery. 8.25 There is however a balance to be struck between the recycling of inert wastes and the use of inert wastes in quarry restoration. It is recognised that inert wastes are important in the restoration process. 8.26 An important source of inert wastes is quarry waste from the softstone industry. There is a presumption that these materials should be recycled wherever possible or used in site restoration. A possible use both for wastes from the softstone industry and demolition and construction waste, is as reconstituted bricks and the Malta Environment & Planning Authority will encourage the establishment of facilities to produce reconstituted bricks in suitable locations. 8.27 The Malta Environment & Planning Authority will encourage the location of recycling facilities within existing quarries (in addition to appropriate locations in industria l sites) wherever possible, subject to the acceptability of the site in environmental terms. In assessing development permits for recycling facilities, the Malta Environment & Planning Authority will consider whether there will be any significant delay in restoring sites. 8.28 The location of many softstone quarries in close proximity to urban areas, means that they may be suitable for the location of recycling facilities. The nature of softstone extraction and the general lack of space within individual quarries, means that it may be more difficult to locate facilities and provide storage space in softstone quarries, while they are operational. However, it may be possible to identify areas within quarries that will not be operational and where a recycling facility may be located. 8.29 As with hardstone quarries, the presumption is that waste from softstone extraction should either be used in quarry restoration or recycled for use in construction. Policy HS8 Subject to proposals being acceptable in environmental terms, the Malta Environment & Planning Authority will permit the location of recycling facilities and the storage of inert wastes within operational quarries. These facilities will normally be required to be removed once extraction has ceased and restoration is required to commence. All wastes from quarries, should be used in quarry restoration or used as construction materials. Exports The Islands’ indigenous supplies of limestone resources are considered to be relatively scarce and of national importance. For this reason Policy HS8 discourages the export of Maltese stone. Policy HS9 The Malta Environment & Planning Authority will discourage the export of the Islands’ indigenous supplies of limestone. Alternative Supplies: Imports 8.30 It is not considered appropriate to develop specific policies for importing aggregates. It is recognised, that in the longer-term imported aggregates may have to play an c:\temp \mineral sp\final approved 29 may 03.doc May 2003 77 increasing role in meeting the need for aggregates. Clearly, at present, the price differential between stone produced on the Islands and imports, means that imports are not economically feasible. On the other hand, it is understood that some importation of better quality stone has occurred for uses such as road surfacing. 8.31 In the initial stages of plan preparation, preliminary consultations indicated that it would be preferable to phase the introduction of imported materials. This will require Government intervention in the longer-term and should be viewed as part of the longterm strategy for meeting the demand for hardstone on the Islands. Alternative Supplies: Underground Mining 8.32 Underground mining is considered to be one potential option to contribute to meeting the demands for hardstone in the longer term. As with importation, the price differential means that underground mining is not economically feasible at present. It does, however, offer potential environmental benefits, notably in the context of not impacting on scheduled areas and sites and reducing other potential land use constraints. 8.33 One approach would be for the Government to implement a trial to determine the feasibility of underground mining and the techniques that may be applied. Policy HS10 The Malta Environment & Planning Authority will give favourable consideration to proposals for underground mining subject to: • An acceptable Environmental Impact Assessment; • A geotechnical analysis and proposals to ensure structural integrity; • A report outlining the health and safety implications of the proposals. Offshore Dredging 8.34 Offshore dredging for sand and gravel is common in parts of Europe, such as the English Channel, where dredgers of capacities of up to 7 000 tonnes provide an important contributions to aggregates supplies. The extent of an economically viable resource around the Maltese Isla nds is unclear as is the extent to which the resource is technically extractable. For example, offshore sand and gravel dredgers usually extract at a depth of up to 30 m with some that can extract up to 40 m. Important environmental concerns relate to any impacts on marine ecology and coastal erosion. Policy HS11 Following a detailed investigation of existing resources, the Malta Environment & Planning Authority will consider proposals for dredging/winning of sand, gravel and other sea-bed minerals, except where such development would have significant adverse effects on marine ecology or the environment. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 78 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 79 9. General Development Control Policies Introduction This section sets out the development control policies that will be considered by the Malta Environment & Planning Authority in the determination of applications for minerals development. The key aims of these policies are: • To ensure that the Malta Environment & Planning Authority has adequate information to determine applications; • To provide a detailed policy context for that determination; • To highlight to potential developers the range of issues that will need to be addressed in the application, whether or not an EIA is required; • To assist in the mitigation of environmental impacts. Code of Practice for Quarry Working and Restoration The Malta Environment & Planning Authority has prepared a Code of Practice for Quarry Working and Restoration, which provides more detailed guidance on the range of environmental issues associated with quarrying. This is separately set out in Annex 3 of the ‘Supplementary Documentation’. Regulating Unconsented Quarrying It is the policy of the Malta Environment & Planning Authority that, where quarrying or related development is being undertaken outside consented boundaries, operators will be required to apply for a development permit covering the areas that are not consented within 6 months of the adoption of this Minerals Subject Plan. It is in the long-term interest of the industry to ensure that unregulated activities cease and a level playing field is established which is transparent to industry and the general public. Chapter 7 of this Plan highlighted a number of issues facing the regulatory system including the problem of unconsented quarrying. Policy DC1 is concerned with bringing all unconsented quarrying within the planning system. It covers both lateral and vertical extensions beyond permitted boundaries and depth. Policy DC1 Where quarrying or quarry related activities has occurred outside areas permitted through licensing or a development permit, before 1June 2001, the operator will be required to submit an application for a development permit for the unconsented quarrying or quarry related activities, within 6 months of the adoption of this plan. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 80 Applications should include details of the measures to mitigate environmental impacts and include details of site restoration. In many cases, the Malta Environment & Planning Authority will not require a full EIS for operators who meet this timescale, as many environmental impacts will have occurred. The exception would relate to cases where the illegal operations have been so significant that existing and potential impacts are of a sufficiently scale to merit a more detailed appraisal. Operators are therefore advised to agree, at the earliest opportunity with the Malta Environment & Planning Authority, the details to be provided in the application and the scope of the EIA. Policy DC2 Applications for development permits for unconsented quarrying or quarry related activities made in accordance with Policy DC1, will not normally be required to include a full Environmental Impact Statement. An Environmental Planning Statement will normally be required. Information in Support of Planning Applications The working of minerals is a potentially destructive operation and can have a significant impact on land and surrounding areas. It is therefore essential that applications for new or extended mineral developments contain sufficient information for the Malta Environment & Planning Authority to determine the application. While the level of detail may vary according to the nature and scale of the application, Policy DC3 details the minimum information requirements to support any application. The provision of this information does not obviate the need to undertake an EIA (see Policies DC6, DC7 and DC8). Policy DC3 Applications for new or extended mineral developments will not be determined unless the following information is provided: • The present use of the site, including information on: - hydrology and hydrogeology, for example springs and water abstractions in or near the site (see also Policy DC13); - soil resources (see also RES6); - ecological resources (see also Policies DC10, DC11 and DC12); - landscape resources (see also Polic y DC9); - archaeological features (see also Policies DC10, DC11 and DC12); - public rights of way; • A topographical survey of the site; • The geology of the site; • The expected production rates and life of the site; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 81 • The method of extraction, the proposed depth of working and the direction and phasing of the development; • The nature and frequency of blasting (see also Policy DC19); • The processing facilities required and any ancillary buildings; • Site security and perimeter fencing or walls; • The proposed hours of operation; • The transportation arrangements in terms of access, traffic generation and lorry routing (see also Policy DC15); • Proposals for the restoration of the site, after-care and after-use (see also Policies RES1 to RES12). Operators Record In determining applications for development permits, an important consideration will be the past record of the operator in the context of previous site management and any breaches of planning conditions. Consideration will be given to the extent to which operators have extracted stone from outside their permitted areas. Policy DC4 In determining proposals for minerals development the Malta Environment & Planning Authority will take account of the past performance of the operator in terms of site management and previous bre aches of planning conditions. Where previous breaches have been identified, the Malta Environment & Planning Authority will require the operator to demonstrate how those breaches were, or will be, rectified. Mineral Exploration Exploration is essential with a view to determining the existence, extent and quality of mineral resources. The main method of exploration used is drilling and borehole techniques, which can be visually intrusive and can have impacts in sensitive scheduled or designated areas. The Malta Environment & Planning Authority will encourage exploration, provided that satisfactory safeguards are incorporated. Exploration proposals that involve the use of a site for less than 30 days do not require a development permit, however, the operator is required to inform the Malta Environment & Planning Authority in writing enclosing site details. The granting of permission for exploration does not imply that permission for extraction will be granted. Where permission for exploration is required, the Malta Environment & Planning Authority will require the information set out in DC5 and will consider whether there will be impacts on scheduled areas or amenity. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 82 Policy DC5 The Malta Environment & Planning Authority will encourage minerals exploration, particularly within the Minerals Safeguarding Areas identified in this Plan. In assessing exploration proposals, the Malta Environment & Planning Authority will consider: • Whether exploration is within a scheduled or designated area; • Whether there will be impacts on amenity as a result of visual intrusion, noise or traffic; • Whether the exploration activities will impact on water resources. All exploration proposals should include the following information: • The present use of the site; • The duration of the exploratory operations; • The plant and equipment to be used; • Hours of operation; • Measures to restore the site on completion. Requirement for an Environmental Impact Assessment (EIA) Structure Plan Policy MIN8 requires that an EIA, in the form of an EIS, will normally accompany all applications for mineral extraction and processing. This policy principle is supported and is outlined in Policy DC6. In certain circumstances, where proposals are not of a significant scale and are not envisaged to raise any significant environmental concerns, the Malta Environment & Planning Authority may require an EPS. Policy DC6 makes provision for the submission of an EPS in such circumstances. Applicants are advised at the earliest opportunity to seek the views of the Malta Environment & Planning Authority in respect of information required in support of the application for a development permit. It is recommended that applicants should prepare a Project Description Statement for consultation with the Malta Environment & Planning Authority, prior to the preparation of an EIA. This will provide an opportunity for the developer to outline the development proposals and receive advice from the Malta Environment & Planning Authority on the scope of the EIA. In certain instances, this may reduce the range of issues to be addressed in the EIA, which could lead to a reduction in the cost for the applicant. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 83 Policy DC6 Applications for new or extended mineral developments will not be determined unless they are accompanied by an Environmental Impact Statement or Environmental Planning Statement as required by the Malta Environment & Planning Authority in accordance with the adopted Environmental Impact Assessment Regulations. Developers are encouraged to prepare a Project Description Statement prior to undertaking an Environmental Impact Assessment, which should include: • An outline of the development proposals; • A review of the potential impacts and effects of the proposals; • The proposed content of the Environmental Impact Assessment. In undertaking the EIA, the developer will be required to provide sufficient detail to allow for a review of the impacts and effects of the proposals in the EIS. The Malta Environment & Planning Authority will provide detailed Terms of Reference for the EIA, in consultation with the EPD. Policy DC7 provides guidance on the content of an EIA. Policy DC7 An Environmental Impact Assessment for minerals development should detail the following: • A project description statement; • A description of the existing environment; • The methodologies applied in undertaking the assessments; • The proposed mitigation measures incorporated into the development scheme; • An assessment of the impact and effects at the site preparation, operation and restoration stages; • A summary of any residual effects. Bonds and Financial Guarantees It is common practice for the Malta Environment & Planning Authority to require financial guarantees, in the form of bonds, as part of conditions on development permits. They have been used to ensure the implementation of landscaping schemes and the removal of plant and machinery and the Malta Environment & Planning Authority have sought to extend guarantees to cover restoration. Section 39 of the Development Planning Act (1992) relates to applications for minerals development and subsection (3) provides for guarantees to be provided by applicants to ensure that schemes for treating working areas, during and after extraction. Structure Plan Policy MIN12 states that the Malta Environment & Planning Authority will require a bank bond to ensure that conditions attached to development permits are fulfilled. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 84 Policy DC8 When granting development permits for minerals development, the Malta Environment & Planning Authority will impose conditions requiring the submission of bonds relating to aspects of site management and restoration. Sensitive Areas Special Landscapes Areas of the Maltese Islands include landscapes of special value and importance. The adopted Structure Plan proposes the designation of Areas of High Landscape Value, however, this has not been extensively implemented in practice. The Malta Environment & Planning Authority is currently categorising the landscape of the Islands as part of the Structure Plan Review. Once this categorisation is completed, then the Malta Environment & Planning Authority will apply a decision-making framework similar to that set out for scheduled areas in Policies DC10 to DC12. In the meantime Policy DC9 will be applied. Some areas may be considered of local landscape importance even though they are not scheduled. Reference should be made to the local designations identified in Local Plans. In these areas, proposals will be expected to minimise any landscape and visual impacts and ensure that the restoration will reflect the landscape character of the area. There is a strong presumption in favour of protecting features such as historic landscapes and stone walls, together with minimising the visual impacts from panoramic viewpoints. Policy DC9 There is a presumption against minerals development in landscapes of national importance as defined through the Structure Plan Review. In areas of local landscape importance, proposals for minerals development will only be permitted where: • The proposals incorporate mitigating measures that minimise the landscape and visual impacts; • The restoration proposals reflect the landscape character of the area. Scheduled Areas and Sites of Ecological, Geological or Cultural Heritage Importance Minerals development can have significant direct and indirect impacts and effects on areas scheduled by the Malta Environment & Planning Authority as being sensitive from an ecological, geological or cultural heritage perspective. Chapter 6 of this Plan provides a detailed review of the nature of the scheduled areas and sites. It is the policy of the Malta Environment & Planning Authority that all scheduled sites should be protected from inappropriate development. On the other hand, the level of protection afforded to scheduled sites should reflect the relative importance of the site. Policies DC10, DC11 and DC12 provide policies for the control of minerals development within or near scheduled sites. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 85 Policy DC10 Minerals development that would have direct or indirect impacts on the following scheduled areas and sites (including areas and sites that qualify for scheduling), including their settings, will not be permitted: • Level 1 and Level 2 Areas of Ecological Importance and Sites of Scientific Interest; • Class A and Class B Areas and Sites of Archaeological Importance and their settings; • Grades 1 and 2 Historic Buildings and Urban Conservative Areas. Policy DC11 Minerals development that would have a direct or indirect impact on other scheduled Areas of Ecological Importance, Sites of Scientific Interest or Areas and Sites of Archaeological Importance will only be permitted where: • The need for the mineral outweighs the impacts of the proposals; and • The proposals incorporate measures to minimise the impacts; and • Adequate provision is made to record any feature that will be destroyed by the proposals. Policy DC12 In all cases, when considering proposals for minerals development, the Malta Environment & Planning Authority will seek to preserve features of conservation importance through: • Ensuring the availability of sufficient information from developers to evaluate the importance of sites and assess the impact of development proposals; and • Resisting or modifying development proposals likely to have an unacceptable adverse impact upon such sites and their settings; or • Ensuring that provision is made for an appropriate level of investigation and recording in advance of the destruction of those sites which cannot be preserved in situ. Water Resources In view of the fact that much of the water supply in the Maltese Islands is derived from groundwater resources associated with the limestone aquifer, priority is given to the protection of groundwater resources. Impacts may occur as a result of: • Extraction activities progressing into and/or below the water table; • Pollution arising from various sources, including on-site contamination. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 86 Policy DC13 Minerals development that would have an adverse impact on groundwater quality or supply will not be permitted. The Malta Environment & Planning Authority will impose a maximum working depth on all new or extended mineral workings based on the advice of the Water Services Corporation. Agriculture Development on the best and most versatile agricultural land will not normally be permitted. There are two important considerations in respect of minerals development that should be demonstrated by the applicant: • The extent to which alternative sites are available for extraction on land of a lesser quality; • The extent to which land can be restored to a similar quality once extraction has ceased. Policy DC14 reflects the transitional nature of minerals development in that restoration may be able to restore land to a similar agricultural quality. Policy RES6 presumes that in areas of good agricultural land, the restoration will be back to agriculture. Policy DC14 In determining proposals for minerals development, the Malta Environment & Planning Authority will consider the agricultural value of the land. In areas of good agricultural land, including Areas of Agricultural Value, there will be a presumption against development that would result in the permanent loss of the best and most versatile land, including irrigated land, unless it can be shown that no known suitable site of lesser agricultural value is available. Protecting Amenity Transport The transportation of minerals on the Islands is undertaken by road. Traffic can have a significant impact on the countryside and residential amenity and can cause structural damage to the highway network and adjacent properties. Problems caused by heavy lorry traffic include noise, vibration, mud deposition, dirt, fumes, damage to buildings and roads, visual intrusion and reduced road safety. Quarry development may also require the opening of a new access and the Malta Environment & Planning Authority will need to consider the design, layout and location of the access. In determining applications for minerals development and as set out in Policy DC3, the Malta Environment & Planning Authority will require information on access and lorry movements in terms of numbers and routing. It is a legal requirement that all vehicles should be sheeted. There is a four fold classification of the highway network in the Maltese Islands: c:\temp \mineral sp\final approved 29 may 03.doc May 2003 87 • The main arterial roads; • Distributor roads; • Local access roads; • Access roads. Policy DC15 There is a presumption that HGVs associated with quarry developments should, wherever possible, utilise the Islands arterial and distributor roads. In determining proposals for minerals development, the Malta Env ironment & Planning Authority will need to be satisfied that vehicle movements can be satisfactorily accommodated by the highway network and will not cause unacceptable disturbance to local communities. The Malta Environment & Planning Authority will require: • Adequate provision for lorry sheeting; • Information on haul road length and any need for wheel or chassis cleaning; • Where proposed, the location of the wheel or chassis cleaning facility; • The surfacing of internal haul roads. Visual Impact The main sources of visual impact arising from quarries stem from: • Fixed plant; • The removal of vegetation; • Stockpiles; • Dust deposition in surrounding areas; • Overburden and soil storage; • Overall change in the landscape character; • Operational and extraction areas. While a degree of visual intrusion is an inevitable consequence of minerals development, the level of impact can be minimised through careful site design. This should consider natural screening features, topography, impact on the skyline, the location of key receptors and a restoration scheme that takes account of the landscape character of an area. The visual impact of plant, buildings and stockpiles, can be significantly reduced through suitable site layout, height restrictions, cladding, colour schemes and regular maintenance. Plant and stockpiles should, wherever possible, be located within quarries. In areas that may be subject to new or extended minerals development, the Malta Environment & Planning Authority will encourage pre-application discussions so that advance planting and other mitigation measures may be agreed. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 88 Policy DC16 When granting development permits for minerals development, the Malta Environment & Planning Authority will impose conditions concerning: • Boundary planting and screening; • The location and height of plant and stockpiles; • The colour and cladding of plant; • The retention of natural screening within the application area; • A planting scheme covering the location, number and species to be used, together with the proposed water source. Noise Noise from plant, machinery, on and off-site vehicles and blasting can give rise to objections and complaints from local residents. Noise impact can be minimised through careful design of the quarry, for example, through locating noise generating activities such as plant away from sensitive areas and receptors. Noise sensitivity is also a reflection of the ambient noise level, so that impacts will tend to be less where the background noise level is relatively high, caused for example, by proximity of a quarry to a main road. Regular maintenance, the use of silencers, cladding of plant, the phasing of the quarry, hours of working, the direction of working and the location of screening bunds, can all help to mitigate noise impact. The Malta Environment & Planning Authority will require noise-sensitive locations, which may include properties and nature conservation or amenity sites, to be marked on a plan for monitoring purposes. This will regularise any monitoring requirements, but also benefit operators, as it is considered that developments subsequently located near quarries do so as a matter of choice and mineral operators should not be penalised if noise limits are exceeded. Baseline noise surveys are likely to be required as part of an EIA for quarrying proposals. Policy DC17 When granting development permits for minerals development, the Malta Environment & Planning Authority will impose conditions to minimise noise impacts. Conditions will cover as required: • The use of acoustic screening, such as baffle mounds and fencing; • Hours of working restrictions; • Setting maximum noise levels at sensitive locations and properties; • Locating noisier operations furthest away from noise sensitive locations and properties; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 89 • Appropriate stand-off distances between the operations and sensitive locations. For more sensitive sites, noise from operations on site should not exceed 55 dB (A) L (1 hour) as measured at noise sensitive locations which should be marked on a plan at the time of granting the development pe rmit. For less sensitive sites a maximum of 60 dB (A) (1 hour) will be applied. Dust Dust emissions are a key concern on the Maltese Islands and dust from quarries is of concern to nearby properties and agricultural land. Dust can arise during all stages of site development and mineral transportation. Other policies in this plan will assist in mitigation, including the requirement for lorry sheeting, the need for properly surfaced internal haul roads and wheel and chassis cleaning (see Policy DC15). Baseline dust monitoring may be required as part of an EIA for quarrying proposals. Policy DC18 When granting development permits for minerals development, the Malta Environment & Planning Authority will impose conditions to minimise dust impacts. Conditions will cover as required: • The siting of dust generating activities away from sensitive locations, considering the direction of the prevailing winds; • The location of plant and stockpiles within the quarry or in a more sheltered location; • The enclosure of plant, conveyors and machinery; • The covering of aggregate stockpiles; • The planting of soil storage mounds; • The regular sweeping and water spraying of haul roads. Table 9.1 provides some additional advice on mitigating measures that operators should consider during various stages of the extraction process. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 90 Table 9.1 Dust Emissions and Control Activity Mitigating Measures Soil handling Restrict duration of stripping, haulage and replacement Profiling mounds in relation to prevailing winds to minimise erosion Restrict height of storage mounds Screening of mounds until they are stable Stop work during very windy weather Use of wind fences at more sensitive sites Overburden handling Minimise handling Water spray exposed surfaces of mounds Locate mounds within void or where protected by topographical features Seeding of completed mounds Use of wind fences at more sensitive sites Stop work during very windy weather Drilling and Blasting Use of dust extraction equipment on exhaust emissions from rigs Removal of dus ty material from the area prior to detonation Mineral extraction Use of water sprays to maintain dampness of the mineral Reduce drop heights when loading onto trucks Site haulage Hard surface site roads Regularly grade unpaved site roads Restrict vehicle speeds Design sites to avoid sharp corners hence sudden breaking Water spray and sweep haul roads Screen site roads from off-site sensitive receptors Use of wind fences Vehicle exhausts to be directed upwards Wheel and body washing Minimise drop heights Effective sheeting Crushing and screening Use of water sprays on materials to be crushed Enclosure of plant Use of dust filtration systems Protection of stockpiles Locate activities away from sensitive receptors Use natural protection Minimise drop heights Enclose conveyors Blasting Disturbance from blasting can arise due to ground vibration and air over-pressure. The key concern of this plan is the effect of blasting outside the site, as the detailed design will be determined through the blast licence procedures. As part of the assessment of proposals, the Malta Environment & Planning Authority will require information on the nature and frequency of blasting (see Policy DC3). c:\temp \mineral sp\final approved 29 may 03.doc May 2003 91 Policy DC19 The Malta Environment & Planning Authority will impose conditio ns on minerals developments requiring blasting to control peak particle velocity. Unless otherwise agreed with the Malta Environment & Planning Authority, the peak particle velocity should not exceed 8 mm per second as measured at the nearest sensitive lo cations which should be marked on a plan at the time of granting the development permit. Buffer Zones New developments within 100 m of existing quarries should be discouraged in view of potential impacts from noise, dust and blasting, as well as the need to avoid the sterilisation of resources. This principle is further extended to the resource areas (Mineral Safeguarding Areas) identified for safeguarding in this plan, based on the Minerals Resource Assessment. Policy DC20 The Malta Environment & Planning Authority will seek to maintain a buffer zone of at least 100 m around existing quarries and areas identified in this plan as Mineral Safeguarding Areas, unless there are identified reasons for excluding an extension or working within a Minerals Safeguarding Area. Coastal Erosion and Flooding In common with other forms of development, minerals extraction should not take place in areas that are susceptible to coastal erosion. Policy DC21 Minerals development in areas susceptible to coastal erosion will not be permitted. Cumulative Impacts In many areas there is a concentration of mineral workings. While the individual effects of minerals development may not be significant, when added to the effects of existing operations in the context of, for example, la ndscape, noise and traffic, the effects could be unacceptable. Policy DC22 In considering applications for minerals development, the Malta Environment & Planning Authority will consider the cumulative impact of development proposals. New or extended mine ral developments will not be permitted where there will be a significant cumulative adverse impacts on the landscape character of areas and/or the amenity of residents. The Malta Environment & Planning Authority intends to prepare Action Plans for areas where there is a concentration of workings. Plans will be particularly concerned about cumulative impacts of both site operations and site restoration. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 92 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 93 10. Reclamation Introduction The increasing demand for development land in the Maltese Islands means that it is becoming an ever more scarce resource. As a result, the best possible use must be made of brownfield, disused and redundant land to ensure that the principle of sustainable development can be adhered to. Disused and exhausted quarries therefore represent a valuable land resource. At a strategic level, the Structure Plan needs to provide a context for the re-use of such land. On an area basis, Local Plans need to consider, in greater detail, the contribution that exhausted quarries can make to land use objectives and development requirements. In recent years, the strategic land use implications of quarries have been becoming increasingly important for a range of reasons that have already been outlined in this Plan. These include: • Rapid urban expans ion; • Scheduling of ecological and archaeological sites; • Development of policies to protect the coastline and rural areas; • The need to better control the environmental implications of development; • The need to promote sustainable development. The Structure Plan therefore needs to take account of competing uses and functions of land and as a result promote appropriate restoration of quarries for purposes that are strategically compatible with the aims of the Structure Plan. Local Plans need to carry forward the principles of the Structure Plan and this Minerals Subject Plan and provide an appropriate policy framework for the restoration and re-use of quarries within each Local Plan boundary. Adopted policies must encourage the most appropriate restoration and re-use options for each quarry, having regard to the setting of the quarry, surrounding land uses, surrounding land use zoning policies, visual impact considerations and other material planning considerations. Appropriate after-uses are likely to include: • Agricultural land; • Commercial orchards; • Nature conservation uses; • Informal recreation/tourist facilities. Other uses may be acceptable subject to compatibility with Structure and Local Plan policies. These include: • Formal recreation/tourist facilities; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 94 • Business and light industrial uses; • Industrial uses, including warehousing; • Waste management uses. The land use policy that the Malta Environment & Planning Authority applies to each site will vary considerably between locations and will determine which uses are likely to be acceptable. For example, quarries located within an urban area might be appropriate for a limited amount of built development including recreation/tourism facilities or other uses appropriate to an urban area; while less intensive agr iculture, nature conservation or informal recreation/tourist uses may be more appropriate in rural locations. Many existing quarries either have no or inadequate reclamation conditions. As a result, without Government intervention, these quarries are only likely to be restored and re-used if the land use zonings applied to the quarries allow for an economically beneficial re-use of the site. Alternatively, restoration through natural regeneration may be acceptable in certain instances. Direct intervention may occur through facilitating reviews of existing permits with a view to introducing updated restoration conditions or ensuring that, when extensions are consented, conditions require a comprehensive scheme for the entire site. The Reclamation Process The reclamation of quarries comprises the following activities: • Restoration, which is the treatment of the mineral void and the placement of overburden and soils; • Aftercare, which is the steps necessary to bring the land to the required standard for uses such as agriculture, forestry or amenity; • After-use, which is the ultimate use of the land. The Code of Practice for Quarry Working and Restoration set out in Annex 3 of the ‘Supplementary Documentation’ provides helpful guidance on the details of site restoration. The reclamation of mineral sites provides an opportunity to maintain or even enhance the longterm quality of land and landscapes. It can create or enhance sites for nature conservation and provide facilities for recreation. It is clear, however, that the overall practice and standards of restoration on the Islands need to improve. General Requirements It is policy of the Malta Environment & Planning Authority that all proposals for minerals development should include provision for restoration and aftercare. The provisions for aftercare should be implemented once the restored landform has been established. The proposals should also detail the proposed after-use. This is set out in Policy DC3. An aftercare scheme will set out how the restored site will be managed over a period of 5 years. In addition, the longer term management of sites will need to be established following the completion of the aftercare period. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 95 Policy RES1 Applications for minerals development should include the detailed arrangements for aftercare which should cover a period of 5 years. Applications should also include details of the longer-term management of sites, particularly where restoration is to agriculture, forestry, amenity or nature conservation. The Malta Environment & Planning Authority will require that mineral development proposals include details of site development phasing (in accordance with Policy DC3) and, wherever possible, the phased restoration of sites. It will normally be appropriate to submit detailed restoration proposals with the application for a development permit. In view of the long-term nature of rock extraction, however, it may occasionally be necessary to submit conceptual proposals with a requirement to submit more detailed information at a date to be specified by the Malta Environment & Planning Authority. Policy RES2 Applications for minerals development will be required to include full details of the proposals for site restoration. Where it is agreed with the Malta Environment & Planning Authority that it is not appropriate to include the detailed restoration scheme, the application should include a concept scheme including illustrative details of contouring and landscaping. Proposals for minerals development should, wherever possible, be designed to allow a phased sequence of extraction, restoration and implementation of the planned after-use. Removal of Plant, Infrastructure and Machinery On the completion of extraction activities at quarries, all plant and machinery should be removed from the site, together with any haul roads that are not integral to the restoration scheme. It may be appropriate to leave haul roads in situ if access to the site is required in the longer term; for example, if the restoration is to a recreation use. Policy RES3 On the cessation of extraction activities, all buildings, plant and machinery will be required to be removed from the site. Any haul roads that are not integral to the after-use of the site will also be required to be removed. Filling Quarry Voids The Malta Environment & Planning Authority published advice on inert infill and recycling in 1997. It is a policy principle of this Plan that inert wastes, wherever possible, should be recycled and used as construction materials. It is, however, recognised that inert wastes will be often be required to facilitate restoration of existing and new sites, through raising the quarry floor. The emerging ‘Space for Waste - The Waste Management Subject Plan’ provides policies on the overall waste strategy. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 96 Policy RES4 Quarries requiring backfilling to achieve restoration contours will only use inert waste. Operators should have regard to the guidance given in the Malta Environment & Planning Authority publication, ‘Inert Waste Disposal in Quarries’. Slope Stability and Treatment of Quarry Faces The treatment of rock faces is a critical issue in the restoration of rock quarries. There are two key issues: first, there is the need for operators to demonstrate that quarry faces are stable on completion of restoration works; and second, there is the visual appearance of quarry faces which may be permanently prominent in the landscape. Quarry faces tend to be steep and represent a hazard, not only in terms of people who may have access to the top of the quarry (an issue which should be considered as part of the boundary treatment), but also they represent a hazard to those who, following restoration, will have access to the interior of the quarry. With regard to the treatment of the faces, restoration should encourage soil accumulation and natural regeneration and operators should avoid leaving smooth vertical faces (as evidenced in most of the Islands’ softstone quarries). Policy RES5 On completion of restoration works, operators will be required to demons trate that quarry faces have been rendered stable. The restoration scheme for the site will be required to indicate the proposals for treating quarry faces. Agriculture It has been indicated that agricultural land is in short supply on the Islands and there are examples of softstone quarries that have been successfully returned to agriculture. As already noted, this will generally involve raising the quarry floor through the deposition of inert wastes. Where minerals underlie good quality agricultural land, there will be a presumption that agricultural land should be reinstated and that the long-term potential of the land as an agricultural resource is protected. Policy DC3 requires operators to provide information on soil resources, while Policy DC14 specifically refers to Areas of Agricultural Value. Policy RES6 Where minerals development would impact upon good quality agricultural land, there will be a presumption that agricultural restoration will be required. Applications will be required to provide details of the provisions for soil stripping, storage and placement. Reclamation of Existing Sites It is the policy of the Malta Environment & Planning Authority that, when dealing with applications to extend sites, operators will provide restoration proposals for both the existing site and the extension area. This is particularly relevant where one or more of the following applies: • There is no restoration scheme that has been approved by the Malta Environment & Planning Authority; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 97 • The present scheme is considered inadequate; • The present scheme does not reflect the prevailing land use priorities of the Malta Environment & Planning Authority. Policy RES7 Applications to extend quarries will be required to include a comprehensive restoration scheme for the existing site and the extension area. Where no restoration scheme exists, the Malta Environment & Planning Authority will seek to ensure that an outline restoration scheme is agreed early in the plan period. Operators will, in the first instance, be encouraged to submit a scheme and will be contacted by the Malta Environment & Planning Authority within 6 months of the adoption of this Plan. Operators will be requested to submit schemes within the subsequent 6 months. If this mechanism fails, then the Malta Environment & Planning Authority will seek amendments to Police licences during their renewal process. Policy RES8 The Malta Environment & Planning Authority will seek to ensure that all quarry sites have agreed restoration schemes through one or both of the following mechanisms: • Encouraging operators to submit restoration schemes voluntarily; or • Amending Police licences to include restoration schemes. The onus is on the operator to specify the proposed restoration on a plan, with a scale of say 1:2500 or 1:1000 on smaller sites, having regard to the strategic guidance given in this Plan. The Plan should indicate the restoration plan details in adequate detail. Operators will not be required to submit a formal application for a development permit, although in certain locations and depending on the end-use, a development permit will be required prior to restoration works commencing. It is not the aim of the Malta Environment & Planning Authority to place an undue burden on operators and the Malta Envir onment & Planning Authority will provide advice and assistance on the appropriate restoration. It is deemed essential, for the longer-term acceptability of quarrying on the Islands and for public confidence in the environmental credentials of the industry, that these schemes are prepared and submitted as soon as possible. Strategic Restoration Guidance In the Maltese Islands, different approaches have been used to quarry both hardstone and softstone. The geophysical location of the stone in any instance has influenced the method of extraction and the visual appearance of the quarry, both during working and following the completion of extraction. For hardstone quarries, extraction has tended to take place either on hillsides, cliff faces or valley sides. For softstone quarries, different extraction techniques have been used on Malta and Gozo, reflecting the location in which the stone is found. On Gozo, softstone has been extracted from valley sides, while on Malta extraction has tended to occur in flatter tracts of c:\temp \mineral sp\final approved 29 may 03.doc May 2003 98 land. The range of issues which will influence restoration approaches will therefore vary between both hardstone and softstone quarries, and between different areas of the Maltese Islands. The location of quarries is a very important consideration in determining how a quarry might be restored and its future use. For example, a use that might be appropriate in a more urban or urban fringe area, might not be appropriate in a sensitive coastal or rural location. To date, experience in the restoration and re-use of quarries in the Maltese Islands has been limited. For hardstone quarries, there have been no planned restoration schemes that have been fully implemented. For softstone quarries, a limited number of restoration schemes have been completed in Malta and Gozo focusing mainly on agriculture and orchards, facilitated by the importation of inert wastes. It is not the purpose of this Plan to stipulate how each site should be restored. On the other hand, it is important that general guidance is provided on an area basis and by quarry type. This policy advice will act to guide the formulation of Local Plan policies. The emerging ‘Space for Waste - The Waste Subject Plan’ includes policies in respect of the landfill of non-inert wastes. Quarries do represent a potential waste management solution subject to satisfying the Malta Environment & Planning Authority, the Environmental Protection Department and other consultees that environmental impacts, particularly possible groundwater contamination, can be minimised. In some cases, especially softstone quarries where the excavated area is relatively small, yet deep, problems may exist in achieving an acceptable development based after-use. Some quarries may also present logistical problems for reclamation, including access and potential groundwater contamination. In such instances, reclamation to agriculture may be the only feasible use. In many instances, it is likely that an amount of infilling with inert waste will be required to raise the level of the quarry floor, regardless of the proposed end-use. In other softstone locations, the existence of a number of small quarries in close proximity presents opportunities for the development of area-based restoration strategies to maximise the re-development potential of each site. The principal benefit to be obtained from an area-based approach is the creation of a larger re-development area, capable of being integrated more easily into the surrounding land use and environment. A possible disadvantage is that the restoration strategy cannot be completed until the last quarry has ceased excavation. The fragmentation in land ownership also represents a significant constraint to area-based strategies. Policy RES9 Local Plans will identify existing quarries where an area-based approach to reclamation would be most appropriate. For each area, the Malta Environment & Planning Authority will prepare a reclamation strategy. Reclamation strategies will need to consider the following: • Land ownership and leasing arrangements for the sites; • The provisions of existing Police Licences and development permits; • Any Local Plan or Structure Plan Policies, whether in draft or adopted; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 99 • The extent of remaining reserves within the sites; • Opportunities to restore sites in a progressive manner, consistent with the overall strategy; • The sensitivity of the area under study and land-use opportunities arising; • Opportunities to contribute to landscape or ecological enhancement; • Opportunities to contribute to land-use opportunities, such as recreation and tourist based developments; • Access, traffic and other amenity considerations. Locational Issues For the purpose of aiding Local Plan policy formulation and strategies for quarry reclamation and re-use, the locations within which quarries are located have been classified as follows: • Urban/urban fringe; • Rural; • Coastal. Development in each type of area is subject to distinct environmental considerations. A number of the more important issues relevant to each area are detailed below. Urban/Urban Fringe Quarries located in urban/urban fringe areas have often been subject to encroaching urban development. In such areas, disused quarry land is a valuable resource and its redevelopment for a different use is a sustainable approach that should be actively promoted. The compatibility with surrounding land uses will be an important consideration in determining the acceptability of alternative uses. As a result of urban expansion, many quarries are now in close proximity to residential development and uses that would adversely affect the amenity of residents in the future, should not be permitted. The channelling of urban development activity into existing and planned development zones is a key objective of the Structure Plan. The Malta Environment & Planning Authority is concerned with limiting the spread of sporadic development and to maintain the distinction between town and country. The location of quarries within or near urban areas means that they are ideal locations for the deposit of inert construction and demolition wastes. For this reason restoration to agricultural land through raising of quarry floors is one potential after-use. In more sensitive areas, informal recreation uses, such as parks and gardens, may be more appropriate. Some softstone quarries in the urban fringe have been utilised for industrial uses, such as warehousing. The compatibility with strategic planning policy in respect of development zones is a key issue when considering such uses. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 100 Policy RES10 In urban/urban fringe areas, the Malta Environment & Planning Authority will normally require a restoration compatible with the following: • In areas of development restraint, restoration to agriculture or informal recreation/tourist facilities; • In other areas and in addition to the above, more formal recreation/tourist facilities or other built development consistent with the requirements of the Structure Plan and relevant Local Plan. Rural Areas Outside urban areas, quarries present a different set of environmental issues and restoration opportunities. In rural areas, one of the principal environmental effects is landscape and visual intrusion. The extent to which each quarry impacts upon landscape quality reflects the location and method of quarry working. Some uses that are appropriate in urban areas are likely to be inappropriate in rural locations. Often the most appropriate use will be to agriculture through infilling with inert waste, although in areas considered to be particularly sensitive, regeneratio n through natural re-vegetation for nature conservation will be the only appropriate use. Sensitive locations may include quarries in close proximity to ecologically scheduled sites, archaeological remains or locations of high visual impact, such as the Victoria Lines escarpment. Policy RES11 In rural locations, the Malta Environment & Planning Authority will normally require restoration to one of the following uses: • Agriculture, through inert waste infill; • Nature conservation; • Any other appropriate uses identified through the local plan process. Coastal Areas A number of quarries on both Malta and Gozo are situated in the Coastal Zone. As a result, these tend to be highly visible both from the sea and the land and are highly intrusive in the environment. The Coastal Area Subject Plan (which is under preparation), will designate land in the Coastal Zone which should be protected from further development or environmental change. In these areas, the reclamation and re-use of quarries is a sensitive issue and proposals must respect the immediate environment. In most instances, restoration to agriculture or a nature conservation use is likely to be appropriate. In exceptional circumstances, development that requires a coastal location may be permitted, but only where such a use would be compatible with all environmental interests and the relevant policies of the Structure Plan and Local Plan. In such cases, key considerations will include scheduled sites, landform, infrastructure availability and site size. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 101 Policy RES12 In coastal locations, the Malta Environment & Planning Authority will normally require restoration to one of the following uses: • Agriculture, through inert waste infill; • Nature conservation; • Any other appropriate uses identified through the lo cal plan process. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 102 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 103 11. Other Minerals Oil and Gas Oil and gas exploration on the Maltese Islands and the continental shelf under Maltese sovereignty has been on-going, albeit sporadically, for just over 40 years. To date no commercially exploitable oil and gas has been discovered. The first exploratory well was drilled onshore in 1958 and the most recent was onshore at Kercem, on Gozo, which has now ceased. There is currently preliminary exploration offshore and a well is envisaged in the immediate future. Offshore, the continental shelf is divided into a series of clearly defined blocks within which exploration is possible. Exploration activity is on-going. Regulating Exploration Exploration phases are governed by the Oil Exploration Department (OED). The OED issue contracts that usually extend over a period of between 1 and 1.5 years. The contracts are underpinned by conditions which cover: • The safeguarding of natural resources; • The protection of the environment; • Minimising impacts and effects on adjoining areas; • The treatment of waste; • Notifying Government in the event of an accident or emergency. Contractors are also obliged to: • Carry out an Environmental Impact Study; • Submit a Risk Assessment; • Submit an Oil Spill and Fire Contingency Plan. A formal EIS under legislation is only required for exploratory deep drilling on land. On completion of the exploratory operations, structures are required to be removed and wells satisfactorily plugged, or kept in good order if further exploration is envisaged. Regulating Production If exploration is successful, the contractor must submit, within tight timescales for Government approval: • An Appraisal Programme; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 104 • A Development Programme. These will be subject to negotiation and discussion and may ultimately be amended after 3 years if resource exploitation can be demonstrated to be marginal. Production contracts have a term of 30 years or more. An EIS is required for onshore and offshore production and for any surface industrial installations. Potential Environmental Impacts The United Nations Report ‘Environmental Management in Oil and Gas Exploration and Production: An Overview of Issues and Management Approaches’ (1997) provides guidance on the range of impacts that may arise as a result of onshore and offshore exploration and production. Table 11.1 is based on that report. Policy OG1 When considering applications for oil and gas related development, whether offshore or onshore, the Malta Environment & Planning Authority will require that all the social, environmental and economic impacts of the development are considered and presented as an Environmental Impact Statement. Operators should have regard to the issues indicated in Table 11.1 of this Minerals Subject Plan. Blue Clays Blue clays can be found to the west and northwest of Malta and throughout Gozo. They form an impervious base to the water bearing Greensand and the Upper Coralline Limestones. It has been established that they provide important water supplies, especially for agriculture and can allow the establishment of types of flora and fauna that are comparatively rare on the Islands. The Blue Clays are also found in areas that are sensitive in terms of landscape and visual amenity. Extraction It is the policy of the Malta Environment & Planning Authority that there will be no commercial exploitation of the Blue Clays which is given expression in Policy BC1. It is recognised that the extraction of limestone may require the removal of Blue Clays, however, this is covered by other policies in this Plan. Policy BC1 The commercial extraction of Blue Clays will not be permitted. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 105 Table 11.1 Oil and Gas Developments: Summary of Potential Environmental Impacts Activity Source Potential Impact Component Affected Comments Aerial survey Aircraft Noise H/At/B Low -level flights, disturbance to humans and wildlife (consider seasonality). Short-term transient. Seismic operations (onshore) Seismic equipment Noise H/Ar/B Shot-hole drilling; acoustic sources (vibrations, explosions); disturbance to humans and wildlife (consider seasonality). Short-term. Base camps Noise/light H/At/B Low level noise and light from camp activities; disturbance to local environment. Short-term transient. Access/footprint H/At/B/Aq/T Vegetation cleared; possible erosion and changes in surface hydrology; immigration of labour; waste disposal; effluent discharges (sewage); emissions from power generation; spillages; fire risk; land use conflict; secondary impacts - influx/settlement through new access routes. Mainly short-term, transient. Potential long-term impact from access. Line cutting Access/footprint H/B/Aq/T Removal of vegetation, possible erosion, changes in drainage patterns and surface hydrology, secondary impacts - influx/settlement through new access routes. Mainly short-term and transient. Long-term potential impact from access. Seismic equipment Noise B Acoustic sources, disturbance to marine organisms (may need to avoid sensitive areas and consider seasonality). Short-term and transient. Vessel operations Emissions and discharges At/Aq/T Atmospheric emissions from vessel engines; discharges to ocean: bilges, sewage; spillages; waste and garbage disposal to shore. Low -level, short-term, transient. Interference H Interaction with other resource users (e.g. fishing). Short-term, transient. Roads Access H/At/B/Aq/T Vegetation cleared, possible erosion and changes in surface hydrology; emissions, vibration and noise from earth moving equipment; disturbance of local population and wildlife. Secondary impacts related to inflow and settlement through new access routes. Mainly short-term transient impacts. Potential long-term impacts from access construction. Size preparation Footprint H/At/B/Aq/T Requirement for proper site selection to minimise possible impact. Removal of vegetation and topsoil; possible erosion and changes in surface hydrology; drainage and soil contamination; land use conflict; loss of habitat; construction noise, vibration and emissions from vehicles; disturbance to local population and wildlife, visual intrusion. Short-term provided adequate decommissioning and rehabilitation is conducted. Camp and operations Discharges Emissions Waste H/At/B/Aq/T Water supply requirements; noise, vibration and emissions from plant equipment and transport; extraneous light; liquid discharges - muds and cuttings; wash water; drainage; soil contamination - mud pits, spillages, leakages; solid waste disposal; sanitary waste disposal, sewage, camp grey water; emissions and discharges from well test operations; additional noise and light from burning/flare. Disturbance to wildlife. Short-term, transient. Seismic operations (offshore) Exploration and appraisal drilling (onshore) c:\temp \mineral sp\final approved 29 may 03.doc May 2003 106 Table 11.1 (continued) Activity Exploratory and appraisal drilling (offshore) Development and production (onshore) Summary of Potential Environmental Impacts Source Potential Impact Component Affected Comments Social-economic Cultural H Land-use conflicts, disturbance and interference to local population, special considerations required for native and indigenous population; interactions between workforce and local population; immigration; potential effects on local infrastructure – employment, education, roads, services, hunting, fishing, poaching. Short-term, transient. Decommissioning and aftercare Footprint H/B/Aq/T Proper controls during construction and operations and careful decommissioning and aftercare should effectively remove risk of long-term impacts. Improper controls can result in soil and water contamination; erosion and changes in surface hydrology; wildlife disturbance; loss of habitat; impacts to biodiversity; human and cultural disturbance; secondary impacts to socio-economic infrastructure, immigration, changes in land and resource use. Site selection Interactions H/B/Aq Consider sensitivities in relation to biota, resource use, cultural importance, seasonality. Secondary impacts related to support and supply requirements and potential impact on local ports and infrastructure. Operations Discharges Emissions Wastes H/At/B/Aq/T Discharges to ocean - muds, cuttings, wash water, drainage, sewage, sanitary and kitchen wastes, spillages and leakages. Emissions from plant equipment; noise and light; solid waste disposal onshore and impact on local infrastructure. Disturbance to benthic and pelagic organisms, marine birds. Changes in sediment, water and air quality. Loss of access and disturbance to other marine resource users. Emissions and discharges from well test operations, produced water discharges, burning and flare, additional noise and light impact. Short-term and transient. Effects of vessel and helicopter movements on human and wildlife. Decommissioning Footprint B/A Proper controls during operations and careful decommissioning should effectively remove risk of long-term impact. Improper controls can result in sediment and water contamination, damage to benthic and pelagic habitats, organisms, biodiversity. Onshore in terms of solid waste disposal, infrastructure and resource conflicts. Roads Access H/Aq/B/T Long-term occupation of sites requires access to facilities. Long-term loss of habitat and land use, possible barriers to wildlife movement; increased exposure to immigration and secondary effects; long-term effects from vegetation clearance, erosion, changes to surface hydrology, introduction of barriers to wildlife movement. Increased disturbance to local population and wildlife. Long-term effects require proper planning and consultation. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 107 Table 11.1 (continued) Activity Development and production (offshore) Summary of Potential Environmental Impacts Source Potential Impact Component Affected Comments Site preparation Footprint H/At/Aq/B/T Long-term occupation of sites requires permanent facilities. Long-term loss of habitat and land use. Permanent facilities require increased size of site, increased footprint, more intensive construction methods. Long-term effects from vegetation clearance, erosion, changes in surface hydrology. Larger scale, construction activities, noise, vibration, emissions related to earthworks. Aes thetic and visual intrusion. Proper site selection to avoid socio-economic, cultural impacts and due consideration of local/indigenous populations. Possible requirement for pipelines - construction, access, long-term occupation of land resource, introduc tion of barriers to wildlife movement. Operations Discharges Wastes Emissions H/At/Aq/B/T Long-term occupation of sites and permanent production facilities lead to long-term and increased potential for impact. Increased demand on local infrastructure, w ater supply, sewage, solid waste disposal. Increased discharges and emissions from: production processes (waste water, produced water, sewerage and sanitary wastes, drainage); and power and process plant (waste gases, flaring, noise, vibration, light). Potential effects on biota, wildlife disturbance, habitats, biodiversity, water, soil and air quality. Increased risks of soil and water contamination from spillage and leakage. Socio- economic Cultural H Long-term permanent presence of facilities and w orkforce; increased demand on local infrastructure, socioeconomic and cultural impacts (labour force, employment, education, medical and other services), local economy, effects on indigenous populations. Land-use conflicts. Visual and aesthetic intrusion. Site selection Interactions H/B/Aq Long-term site selection based upon biological and socio-economic sensitivities and minimum disturbance. Risk of impact to sensitive species, commercially important species, resource conflict, access. Long-term support and supply base requirement and impacts on local port infrastructure. Operations Discharges Emissions Waste H/At/B/Aq/T Long-term, chronic effects of discharges on benthic and pelagic biota; sediment and water quality. Impact of drill cuttings and mud discharges, produced water, drainage, sewage, sanitary and kitchen wastes, spillage and leakage. Emissions from power and process plant and impact on air quality. Noise and light impact from facilities and flaring. Solid waste disposal and impact on onshore infrastructure. Increased vessel and helicopter movements. Socio-economic Cultural H Loss of access and resource use interactions. Local port, harbour and community interactions related to supply and support functions. H = Human, socio-economic and cultural Source: T = Terrestrial Aq = Aquatic; At = Atmospheric B = Biosphere E&P Forum/United Nations Environment Programme (1997) Environmental Management in Oil and Gas Exploration and Production: An Overview of Issues and Management Approaches, UNEP IE/PAC Technical Report 37 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 108 c:\temp \mineral sp\final approved 29 may 03.doc May 2003 109 12. Implementation General The details and key actions in implementing the programme are set out in Tables 12.1-12.3. The implementation period is most easily considered in terms of the first 5 years, 5-10 years and beyond 10 years. The immediate actions include the submission of permit applications for areas where quarrying has occurred outside the permitted boundaries or where there has been other unconsented activities. These should be submitted within 6 months. The first review of the plan will be completed within 5 years of adoption and the intention is that this will include: • A review of improvements in operational, environmental and restoration practice; • Analysis of data on demand and supply issues and developments in alternative supplies; • The need for further Government measures to deal with quarries that are not operating to their licence or development permit conditions. In the medium to longer term, more sites will have been brought within the scope of the Planning System and this should lead to a gradual improvement in standards. Resources The effective implementation of this Minerals Subject Plan will have resource implications for the Malta Environment & Planning Authority. The key areas of work will relate to: • Dealing with sanctioning irregularities at quarries; • Ensuring more effective monitoring; • Improving the database on production and reserves; • Applying the new policies in this Plan to new development proposals; • Considering and assisting in developing restoration plans. The continued operation of the Minerals Board has an important role to play, in monitoring demand, supply, environmental standards and considering development proposals. It also acts as a useful liaison group involving the Malta Environment & Planning Authority, other Government Departments and the minerals industry. In respect of the issues associated with the pricing of minerals, importation and deep-mining, it will be for Government to decide on any actions that are required in light of the discussion in this Minerals Subject Plan. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 110 Table 12.1 Key Actions in Implementing the Minerals Subject Plan: 0-5 years Stage/Topic Area Implementation Details Regulation • All quarries to have agreed restoration schemes • All illegal quarrying and quarry related activities to have ceased • An increasing number of quarries brought within the Planning System • Review of minerals planning legislation • More quarries working to comprehensive schemes of conditions • Malta Environment & Planning Authority to consider detailed development briefs for areas of concentrated workings • This would include addressing issues such as land fragmentation • Improvement in the database for production and reserves • Reduction in the amount of inert wastes dumped at Maghtab • Increase in recycling inert construction, demolition and quarry wastes • Research into the potential for deep mining • Government/industry liaison on the feasibility of importation • Improved techniques and methodologies in applying EIAs Restoration practice Mineral supplies Environmental Impact Assessment Table 12.2 Key Actions in Implementing the Minerals Subject Plan: Years 5-10 Stage/Topic Area Implementation Details Operational practice • Malta Environment & Planning Authority to review advancements made by industry and environmental compliance Consideration of outcome of review of minerals planning legislation • If no or limited advancements made, the Malta Environment & Planning Authority will consider further action to improve standards of working and restoration • Actions could include a new system of reviewing all consents on a periodic basis and the imposition of new conditions Minerals Subject Plan (First Review) • Completion of the first review of the plan Restoration practice • Completion of development briefs • Real improvements in restoration practice • Review of contribution of alternative supplies • Implementation of any further Government actions required to encourage alternative supplies Alternative supplies Table 12.3 Key Actions in Implementing the Minerals Subject Plan: Years 10+ Stage/Topic Area Implementation Details Planning System • All quarry and quarry related development within the planning system Alternative Supplies • Providing a significant contribution to the demand for construction materials c:\temp \mineral sp\final approved 29 may 03.doc May 2003 111 Conclusions and Recommendations Conclusions The quarrying industry in the Maltese Islands needs to develop its environmental credentials over the period of the plan to ensure its future in the longer-term. This not only relates to general environmental standards, but also in dealing with the legacy of past workings and maximising the benefits associated with effective site restoration. Operators cannot continue to work outside permitted areas and cannot avoid the need to satisfactorily restore sites. The industry must foster confidence in the eyes of the public and Government and recognise that its survival in the long-term will depend on the continual improvements in operating and restoration standards. The industry in the Maltese Islands also cannot be isolated from developments elsewhere in Europe, particularly in view of potential membership of the European Community. In other countries it has been estimated that up to 80% of environmental legislation stems from European Directives and the Maltese Islands may soon have to comply with these Regulations. There is great potential for the minerals industry to continue to contribute to the development of the Islands. Construction materials will continue to be required and the land resource occupied by old, existing and potential future quarries can contribute to the development needs of the Islands’ population, within the broader objectives of the Structure Plan and the priorities of the emerging Local Plans. Recommendations There are a number of issues that have emerged during the preparation of this Minerals Subject Plan, but which are unsuitable to be included as policies. They are essentially the aspirations of the Malta Environment & Planning Authority in terms of the development of the minerals industry over the period of the plan. They will form the basis of continued discussions with the industry and its representatives. Recommendation 1: A review of the legislative basis for minerals extraction should be establishe d at the earliest opportunity The review on the current regulatory structure of the industry has demonstrated the following: • The planning legislation does not distinguish adequately between minerals extraction and other forms of development and does not sufficiently recognise the continuous and long-term nature of the extraction process; • The planning legislation does not adequately provide for the periodic review of development permits to allow for modern working and restoration conditions to be imposed; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 112 • The review of licences on an annual basis does however provide a mechanism to impose more comprehensive conditions on site working and restoration and this issue now needs to be addressed with the Malta Resources Authority; • There are no provisions to deal adequately with inactive or disused sites; • The monitoring and enforcement system is not working sufficiently well as evidenced by the amount of working outside permitted boundaries. It is recommended that the review focuses on the above issues and also the practice of site monitoring. The review should look in detail at enforcement powers in respect of revocation and suspension, together with issues associated with compensation. Recommendation 2: Consideration of importation and deep mining The longer-term supply of minerals is a key consideration for this Minerals Subject Plan, given the finite nature of the resource and the ever-increasing constraints to extraction. The Plan has referred to the potential supply of minerals through importation and deep mining, but recognises that action by Government and the minerals industry, would be required to consider these alternatives. A potential deep mine trial has been raised as a possibility, as has the fact that the relative price of domestic virgin minerals will tend to preclude alternatives, including importation. The optimum approach would be a phased introduction of alternative supplies in the longer-term and it is recommended that Government and industry consider the economic and technical constraints to developing these sources. Recommendation 3: A single trade association for the hardstone and softstone industry should be encouraged by Government The review of the minerals industry on the Islands has highlighted the fact that there are a large number of operational units, generally under different ownership. The industry itself is fragmented, particularly the softstone sector. From the Malta Environment & Planning Authority’s perspective this makes the monitoring of the industry’s activities and regula tion particularly difficult. It also does not facilitate the flow of information between industry and the regulatory authorities. It is considered that the lack of a unified voice and organisational framework has hindered the development of the industry. A single body covering all operators would assist Government in discussing, with the industry, key issues of mutual concern; would assist in promoting best practice in production and more environmentally friendly working methods; and would encourage the development of industry-wide standards through codes of practice. Recommendation 4: A national restoration guarantee scheme should be established The use of restoration bonds on the Islands is a contentious issue and has caused considerable debate between the Malta Environment & Planning Authority and the industry. The lack of restoration practice on the Islands, the number of operational sites without a restoration scheme, the number of small operators and operational units, and apparent weaknesses in the enforcement system, have all contributed to the perceived need for bonds. The discussion in this Mineral Subject Plan has pointed to the possibility of a nationally organised scheme, which would be facilitated by the establishment of a single trade association. The advantage of a c:\temp \mineral sp\final approved 29 may 03.doc May 2003 113 scheme would be that operators would not have to negotiate restoration bonds on an ad hoc and potentially discriminatory basis. It would also enhance public confidence in the industry and serve as a useful promotional tool. Recommendation 5: The introduction of awards based on good environmental practice Awards for good practice and restoration are used in many countries to promote the industry and encourage developments in standards. There is for example the European Restoration Awards Scheme that was recently introduced by the European Aggregates Association (UEPG). The Quarry Products Association in the UK operate restoration, good environmental practice and health and safety awards schemes. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 1 APPENDIX A REVIEW OF THE STRUCTURE PLAN (1990) POLICIES The Structure Plan has provided the policy context for minerals development on the Islands for around 10 years and during that time, considerable progress has been made in improving the regulation of minerals development. The preparation of a Minerals Subject Plan provides an opportunity to review the detailed framework for minerals and to consider the strategic policies that should be included in the Structure Plan Review. So to what extent have the policies of the existing Structure Plan been implemented? Policy MIN1 Proven and potentially workable mineral resources will be safeguarded from development which would lead to their sterilisation. Non mineral development will not normally be permitted in areas of known or suspected mineral reserves, unless it can be demonstrated that the deposits beneath the site are not workable. During the consultations in preparing the Minerals Subject Plan, the minerals industry representatives criticised the current system in that, in their view, valuable mineral resources have been sterilised by built development and planned minerals extraction has not preceded the development. The identification of areas to be safeguarded has, however, only become practicable following the Minerals Resource Assessment (MRA) which was completed in 1996. The results of this assessment have now informed the Minerals Subject Plan and Safeguarding Areas have been identified. The Minerals Subject Plan also provides for the extraction of minerals in advance of development that would sterilise the resource, in appropriate circumstances. It is important that the Structure Plan maintains the principle of safeguarding potential resources. Policy MIN2 The Malta Environment & Planning Authority will undertake a strategic evaluation of stone, aggregate, and marble resources in the Islands. This evaluation will assess the distribution, quantity, and quality of the resources, including the existing licensed reserves and operating quarries. As noted above the MRA was comple ted in 1996. However, one weakness of that assessment was that it did not evaluate current licensed reserves and it has been difficult obtaining information from the minerals industry. The Malta Environment & Planning Authority is currently attempting to estimate reserves and the Minerals Subject Plan provides a policy for the periodic surveys of reserve levels. Policy MIN3 The Malta Environment & Planning Authority will establish a Minerals Board that will compile information on, and periodically review: 1. The potential demand for mineral resources, particularly building materials, having regard to regional and national utilisation and possible exports; 2. The quantity, distribution, and quality of exploitable mineral deposits; c:\temp \mineral sp\final approved 29 may 03.doc May 2003 2 3. The ability of existing quarries to provide stone, aggregates, and marble in the required quantity and quality. The Minerals Board will also make recommendations to the Malta Environment & Planning Authority on appropriate environmental standards for the industry to adopt. A Minerals Board was established in 1991, providing advice to the Malta Environment & Planning Authority on issues relating to the sector. It is considered to be of great value by the Malta Environment & Planning Authority and was an important consultee in preparing the Minerals Subject Plan. The Board has, however, not been successful in monitoring issues of demand and supply, largely in view of the lack of data that has been forthcoming from the minerals industry. The Minerals Subject Plan includes a policy and recommendations on data collection and monitoring of demand and supply. Policy MIN4 Proposals for mineral working and processing will be considered in the context of overall rates of production and the levels of exploitable reserves of that mineral. The Malta Environment & Planning Authority will seek to provide for the release of land for mineral extraction in order to maintain a level of economic reserves which is sufficient for about 20 years’ extraction over the Islands as a whole, having regard to national and regional demands and an acceptable level of exports. There will be a presumption against the granting of permissions which would result in the release of significantly higher levels of permitted reserves. The implementation of a landbank policy has not been possible as there has been no accurate data on mineral reserves. The Minerals Subject Plan does not provide for a landbank policy but research suggests that an adequate landbank of reserves exists for the Plan period. Policy MIN5 There will be a presumption against surface mineral working in or near areas of acknowledged interest for ecology, archaeology, and in areas of high quality agricultural land. The extraction of significant amounts of Blue Clay will not be permitted. Many quarries are located in sensitive areas and, since the adoption of the Structure Plan, many sites have been designated for protection. It is now opportune to revise and provide more detail on the protection of these areas and this is included in the Minerals Subject Pla n. The Subject Plan also includes a presumption against the commercial extraction of Blue Clays. It is important that the review of the Structure Plan highlights the key areas of constraint. Policy MIN6 The extension of existing workings and the merging of adjacent workings will be given preference to the development of new mineral workings. In support of any application for new extended mineral workings, evidence will be required to demonstrate that the existing site has been worked to the maximum practicable depth. Since the introduction of the Planning System, the majority of site developments have been quarry extensions. The Water Services Corporation have largely dictated the maximum permitted depth and a number of quarries have been granted lateral extensions. In 1999, the Malta Environment & Planning Authority also relaxed development permit fees with respect to c:\temp \mineral sp\final approved 29 may 03.doc May 2003 3 applications for deepening of existing quarries, in order to promote maximum excavation from the current quarry workings. The preference for quarry extensions is maintained in the Minerals Subject Plan. Policy MIN7 In order to better apply Policies MIN 1 to 6, the Malta Environment & Planning Authority will prepare and periodically review a Minerals Subject Plan incorporating the mineral resource survey referred to in Policy MIN 2. The preparation of this Minerals Subject Plan implements this policy. Policy MIN8 An application for mineral extraction and processing will not normally be determined until an Environmental Impact Assessment has been prepared for consideration by the Malta Environment & Planning Authority. This assessment will provide information on the following: 1. Operational and economic needs, demonstrating the need for the mineral to be worked, the extent, quantity, and quality of the mineral reserve, the methods of working, and the duration of the operation. 2. A description of environmental resources and values which are at risk, and the particular threats posed to them. 3. Provisions for environmental protection, including control of nuisance of damage from dust, noise and vibration, protection of water resources, prevention of discharge of pollutants into air, water, or land, reduction of visual impact, management of vehicular traffic within, to, and from the site, and protection of archaeological and ecological features. A satisfactory Environmental Impact Assessment is not a means of evading other policies. An EIA is now required for most quarry developments and the Minerals Subject Plan provides detailed advice for the minerals industry. The review of the Structure Plan should highlight the key potential impacts that should be addressed in all applications for minerals development. Policy MIN9 Proposals for mineral extraction and processing will normally be refused where the need to work the mineral is not sufficient to justify the environmental impact that is likely to arise. In view of the lack of an accurate statistical database on production and reserves, the issue of need has been difficult to establish. The Minerals Subject Plan includes policies that provide for the balance of need to be considered in determining applications for development permits, as well as advice on how need may be determined. It is accepted, however, that this determination on a case by case basis will remain difficult until a regularly updated database on production and reserves is established. Malta Environment & Planning Authority research indicates that adequate reserves do exist both for surface and hardstone. The review of the Structure Plan should commit the Malta Environment & Planning Authority to maintain an adequate supply of minerals to the construction industry, whether through the c:\temp \mineral sp\final approved 29 may 03.doc May 2003 4 surface extraction of virgin minerals, the recycling of inert wastes or other potential supplies such as imports and deep mining. Policy MIN10 When granting permission, the Malta Environment & Planning Authority will normally limit the permit to a fixed term, not usually less than 10 years, with a maximum of 20 years, conditional on a review of conditions every five years. Conditions attached to the permission may be amended following the review in the light of requirements for environmental protection and other matters such as safety. Conditions will be included to safeguard archaeological discoveries. All development permits for quarries are now subject to time limitations. In fact, since 1995, permits have been issued annually, following an agreement with the industry that no restoration bonds are imposed until such time that the impact of such a decision is assessed further. Little progress has been made in this regard. Policy MIN11 Proposals for the exploration and assessment of mineral deposits will normally be permitted subject to the provision of satisfactory environmental safeguards. However, permission for exploration will not imply acceptance in principle of any subsequent exploitation of the minerals. Mineral exploration involving the use of the site for less than 30 days does not require a development permit, although the operator is required to inform the Malta Environment & Planning Authority in writing. The Minerals Subject Plan encourages exploration subject to environmental safeguards. Policy MIN12 An application for mineral extraction will not normally be determined until proposals for metho ds of working, landscaping, and reclamation of the application area have been prepared for consideration by the Malta Environment & Planning Authority. Mineral extraction proposals involving working methods that allow progressive reclamation and landscaping will be given preference, subject to other environmental and operational considerations. The Malta Environment & Planning Authority will require a bank bond to ensure that conditions attached to a permit are fulfilled, and will wherever practical impose conditions requiring the phased extraction and reclamation of mineral workings (see also Policy MIN 18). Applications for development permits are expected to include adequate information on site working, landscaping and reclamation and bank bonds are required for aspects of site working. The issue of restoration bonds has been subject to discussions between the Malta Environment & Planning Authority and the industry and its representatives, however, a standard approach has yet to be agreed. This matter requires urgent resolution. Progressive restoration has not been adopted extensively, in part at least because of the nature of rock extraction. The Development Planning Act and the Minerals Subject Plan provides for the use of financial guarantees in respect of aspects of site development and reclamation. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 5 The Structure Plan should provide for adequate information to be submitted with all applications so that the short and long-term impacts of extraction can be determined and that the proposed restoration is feasible. Policy MIN13 Development proposals involving the reuse of quarried areas will generally be considered favourably by the Malta Environment & Planning Authority, subject to satisfactory environmental impacts including protection of groundwater resources. Priority will be given to uses which are difficult to locate elsewhere because of their visual or other undesirable impacts. The re-use of quarries has not been extensive, save for a number of softstone sites where inert infill has facilitated restoration to agriculture and orchards. Many of the sites remain operational and a problem has been the lack of reclamation conditions on older licences. Some quarries have been used for the location of warehouses and obnoxious uses, particularly concrete or asphalt plants and lime kilns. While the location of related developments, such as concrete and asphalt plants, may be appropriate in some quarries, particular regard needs to be given to potential pollution to groundwater. Such plants will require an EIA. The Minerals Subject Plan provides policies on restoration practice and strategic restoration guidance. Policy MIN14 The Malta Environment & Planning Authority will prepare and periodically review an inventory of disused mineral extraction sites, compiling data on location, area, depth, landform, adjacent land use, and potential afteruse suitability. The Authority will also compile data on potential sources of inert fill material so that these can be directed to the reclamation of quarry areas. This Policy has not been implemented. Policy MIN15 The Malta Environment & Planning Authority will prepare a programme for reclamation of disused quarries, allocating priorities, and identifying resources and initiatives from public and private sectors. The Authority will initiate and promote the acquisition, reclamation, and afteruse of existing worked out quarries by the Government. This Policy has not been extensively implemented. Although there are examples of site reclamation, these have not occurred within a wider planning and acquisition programme. Policy MIN16 The Malta Environment & Planning Authority will undertake an immediate review of all existing quarry operations, their existing licences, and the environmental impacts resulting from their activities. Priority action will be initiated in environmentally sensitive areas and for quarries operating without a licence. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 6 Policy MIN17 Applications for the continued working of areas covered by an existing licence will normally be permitted, conditional on satisfactory environmental safeguards and reclamation proposals. Where the application involves an extension outside an existing licence area, this will be considered as a separate matter in accordance with Policies MIN 4, 5, 8, and 9. These were Interim Policies as the Structure Plan preceded the introduction of the Development Planning Act 1992. The opportunity to review all licences and update them has not been extensively used. Policy MIN18 Studies will be undertaken to develop a strategy for the creation and use of underground space, with an emphasis on its use for safeguarding essential supplies, and overcoming environmental problems. Codes of practice will be developed to ensure the safety of caverns and other underground space, and for the use of extracted stone and other materials. Policy MIN19 The use of underground space in urban areas for vehicle parking will be encouraged. Adequate ventilation, damproofing, and safety measures shall always be included. These policies related to underground space planning as opposed to mineral extraction per se, although extraction will of course create the space in the first instance. The Minerals Subject Plan does, however, consider the issue of deep mining. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 1 APPENDIX B MINERALS SUBJECT PLAN POLICIES Policy HS1 The Malta Environment & Planning Authority will undertake surveys of minerals production and reserves at two yearly intervals to facilitate the monitoring of demand and supply. Policy HS2 There is a presumption against the granting of new hardstone and softstone quarries, at least until the first review of the Minerals Subject Plan. Policy HS3 Applications to extend existing quarries, either vertically or horizontally, will be treated on their merits and subject to the other policies in this Subject Plan. Extensions are more likely to be given favourable consideration if all of the following criteria are satisfied: • The extension will not adversely affect a scheduled or designated site or area; and • The existing quarry has been operated in a satisfactory manner, consistent with the licence and development permit conditions; and • There have been no significant environmental impacts associated with the existing operations that would be prolonged by the extension; and • There will be no adverse impacts on groundwater quality or quantity; and • The application incorporates a comprehensive and progressive restoration scheme for the quarry. Policy HS4 Proposals for mineral development will only be permitted where the need for the mineral outweighs the environmental impacts that are likely to arise. In assessing the need for the mineral, the Malta Environment & Planning Authority will consider: • The prevailing level of permitted reserves on the Islands; • The proposed markets for the mineral; • The quality of the mineral resource; • The availability of alternative supplies. Policy HS5 There is presumption against the sterilisation of hardstone and softstone resources in the Minerals Safeguarding Areas shown on Figure 6. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 2 Policy HS6 The prior extraction of minerals in advance of development that would sterilise the resource will be permitted except where it would prejudice the development of the land or would have significant adverse effects on local communities or the environment. Policy HS7 Subject to proposals being acceptable in environmental terms, the Malta Environment & Planning Authority will permit the location of recycling facilities and the storage of inert wastes within operational quarries. These facilities will normally be required to be removed once extraction has ceased and restoration is required to commence. All wastes from quarries, should be used in quarry restoration or used as construction materials. Policy HS8 The Malta Environment & Planning Authority will discourage the export of the Islands’ indigenous supplies of limestone. Policy HS9 The Malta Environment & Planning Authority will give favourable consideration to proposals for underground mining subject to: • An acceptable Environmental Impact Assessment; • A geotechnical analysis and proposals to ensure structural integrity; • A report outlining the health and safety implications of the proposals. Policy HS10 Following a detailed investigation of existing resources, the Malta Environment & Planning Authority will consider proposals for dredging/winning of sand, gravel and other sea-bed minerals, except where such development would have significant adverse effects on marine ecology or the environment. Policy DC1 Where quarrying or quarry related activities has occurred outside areas permitted through licensing or a development permit, before 1June 2001, the operator will be required to submit an application for a development permit for the unconsented quarrying or quarry related activities, within 6 months of the adoption of this plan. Policy DC2 Applications for development permits for unconsented quarrying or quarry related activities made in accordance with Policy DC1, will not normally be required to include a full Environmental Impact Statement. An Environmental Planning Statement will normally be required. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 3 Policy DC3 Applications for new or extended mineral developments will not be determined unless the following information is provided: • The present use of the site, including information on: - hydrology and hydrogeology, for example springs and water abstractions in or near the site (see also Policy DC13); - soil resources (see also RES6); - ecological resources (see also Policies DC10, DC11 and DC12); - landscape resources (see also Policy DC9); - archaeological features (see also Policies DC10, DC11 and DC12); - public rights of way; • A topographical survey of the site; • The geology of the site; • The expected production rates and life of the site; • The method of extraction, the proposed depth of working and the direction and phasing of the extraction and restoration; • The nature and frequency of blasting (see also Policy DC19); • The processing facilities required and any ancillary buildings; • Site security and perimeter fencing or walls; • The proposed hours of operation; • The transportation arrangements in terms of access, traffic generation and lorry routing (see also Policy DC15); • Proposals for the restoration of the site, after-care and after-use (see also Policies RES1 to RES12). Policy DC4 In determining proposals for minerals development the Malta Environment & Planning Authority will take account of the past performance of the operator in terms of site management and previous breaches of planning conditions. Where previous breaches have been identified, the Malta Environment & Planning Authority will require the operator to demonstrate how those breaches were, or will be, rectified. Policy DC5 The Malta Environment & Planning Authority will encourage minerals exploration, particularly within the Minerals Safeguarding Areas identified in this Plan. In assessing exploration proposals, the Malta Environment & Planning Authority will consider: c:\temp \mineral sp\final approved 29 may 03.doc May 2003 4 • Whether exploration is within a scheduled or designated area; • Whether there will be impacts on amenity as a result of visual intrusion, noise or traffic; • Whether the exploration activities will impact on water resources. All exploration proposals should include the following information: • The present use of the site; • The duration of the exploratory operations; • The plant and equipment to be used; • Hours of operation; • Measures to restore the site on completion. Policy DC6 Applications for new or extended mineral developments will not be determined unless they are accompanied by an Environmental Impact Statement or Environmental Planning Statement as required by the Malta Environment & Planning Authority in accordance with the adopted Environmental Impact Assessment Regulations. Developers are encouraged to prepare a Project Description Statement prior to undertaking an Environmental Impact Assessment, which should include: • An outline of the development proposals; • A review of the potential impacts and effects of the proposals; • The proposed content of the Environmental Impact Assessment. Policy DC7 An Environmental Impact Assessment for minerals development should detail the following: • A project description statement; • A description of the existing environment; • The methodologies applied in undertaking the assessments; • The proposed mitigation measures incorporated into the development scheme; • An assessment of the impact and effects at the site preparation, operation and restoration stages; • A summary of any residual effects. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 5 Policy DC8 When granting development permits for minerals development, the Malta Environment & Planning Authority will impose conditions requiring the submission of bonds relating to aspects of site management and restoration. Policy DC9 There is a presumption against minerals development in landscapes of national importance as defined through the Structure Plan Review. In areas of local landscape importance, proposals for minerals development will only be permitted where: • The proposals incorporate mitigating measures that minimise the landscape and visual impacts; • The restoration proposals reflect the landscape character of the area. Policy DC10 Minerals development that would have direct or indirect impacts on the following scheduled areas and sites (including areas and sites that qualify for scheduling), including their settings, will not be permitted: • Level 1 and Level 2 Areas of Ecological Importance and Sites of Scientific Interest; • Class A and Class B Areas and Sites of Archaeological Importance and their settings; • Grades 1 and 2 Historic Buildings and Urban Conservative Areas. Policy DC11 Minerals development that would have a direct or indirect impact on other scheduled Areas of Ecological Importance, Sites of Scientific Interest or Areas and Sites of Archaeological Importance will only be permitted where: • The need for the mineral outweighs the impacts of the proposals; and • The proposals incorporate measures to minimise the impacts; and • Adequate provision is made to record any feature that will be destroyed by the proposals. Policy DC12 In all cases, when considering proposals for minerals development, the Malta Environment & Planning Authority will seek to preserve features of conservation importance through: • Ensuring the availability of sufficient information from developers to evaluate the importance of sites and assess the impact of development proposals; and • Resisting or modifying development proposals likely to have an unacceptable adverse impact upon such sites and their settings; or c:\temp \mineral sp\final approved 29 may 03.doc May 2003 6 • Ensuring that provision is made for an appropriate level of investigation and recording in advance of the destruction of those sites which cannot be preserved in situ. Policy DC13 Minerals development that would have an adverse impact on groundwater quality or supply will not be permitted. The Malta Environment & Planning Authority will impose a maximum working depth on all new or extended mineral workings based on the advice of the Water Services Corporation. Policy DC14 In determining proposals for minerals development, the Malta Environment & Planning Authority will consider the agricultural value of the land. In areas of good agricultural land, including Areas of Agricultural Value, there will be a presumption against development that would result in the permanent loss of the best and most versatile land, including irrigated land, unless it can be shown that no known suitable site of lesser agricultural value is available. Policy DC15 There is a presumption that HGVs associated with quarry developments should, wherever possible, utilise the Islands arterial and distributor roads. In determining proposals for minerals development, the Malta Environment & Planning Authority will need to be satisfied that vehicle movements can be satisfactorily accommodated by the highway network and will not cause unacceptable disturbance to local communities. The Malta Environment & Planning Authority will require: • Adequate provision for lorry sheeting; • Information on haul road length and any need for wheel or chassis cleaning; • Where proposed, the location of the wheel or chassis cleaning facility; • The surfacing of internal haul roads. Policy DC16 When granting development permits for minerals development, the Malta Environment & Planning Authority will impose conditions concerning: • Boundary planting and screening; • The location and height of plant and stockpiles; • The colour and cladding of plant; • The retention of natural screening within the application area; • A planting scheme covering the location, number and species to be used, together with the proposed water source. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 7 Policy DC17 When granting development permits for minerals development, the Malta Environment & Planning Authority will impose conditions to minimise noise impacts. Conditions will cover as required: • The use of acoustic screening, such as baffle mounds and fencing; • Hours of working restrictions; • Setting maximum noise levels at sensitive locations and properties; • Locating noisier operations furthest away from noise sensitive locations and properties; • Appropriate stand-off distances between the operations and sensitive locations. For more sensitive sites noise from operations on site should not exceed 55 dB (A) L (1 hour) as measured at noise sensitive locations which should be marked on a plan at the time of granting the development permit. For less sensitive sites a maximum of 60 dB (A) (1 hour) will be applied. Policy DC18 When granting development permits for minerals development, the Malta Environment & Planning Authority will impose conditions to minimise dust impacts. Conditions will cover as required: • The siting of dust generating activities away from sensitive locations, considering the direction of the prevailing winds; • The location of plant and stockpiles within the quarry or in a more sheltered location; • The enclosure of plant, conveyors and machinery; • The covering of aggregate stockpiles; • The planting of soil storage mounds; • The regular sweeping and water spraying of haul roads. Policy DC19 The Malta Environment & Planning Authority will impose conditions on minerals developments requiring blasting to control peak particle velocity. Unless otherwise agreed with the Malta Environment & Planning Authority, the pe ak particle velocity should not exceed 8 mm per second as measured at the nearest sensitive locations which should be marked on a plan at the time of granting the development permit. Policy DC20 The Malta Environment & Planning Authority will seek to maintain a buffer zone of at least 100 m around existing quarries and areas identified in this plan as Mineral c:\temp \mineral sp\final approved 29 may 03.doc May 2003 8 Safeguarding Areas, unless there are identified reasons for excluding an extension or working within a Minerals Safeguarding Area. Policy DC21 Minerals development in areas susceptible to coastal erosion will not be permitted. Policy DC22 In considering applications for minerals development, the Malta Environment & Planning Authority will consider the cumulative impact of development proposals. New or extended mineral developments will not be permitted where there will be a significant cumulative adverse impacts on the landscape character of areas and/or the amenity of residents. Policy RES1 Applications for minerals development should include the de tailed arrangements for aftercare which should cover a period of 5 years. Applications should also include details of the longer-term management of sites, particularly where restoration is to agriculture, forestry, amenity or nature conservation. Policy RES2 Applications for minerals development will be required to include full details of the proposals for site restoration. Where it is agreed with the Malta Environment & Planning Authority that it is not appropriate to include the detailed restoration scheme, the application should include a concept scheme including illustrative details of contouring and landscaping. Proposals for minerals development should, wherever possible, be designed to allow a phased sequence of extraction, restoration and implementation of the planned after-use. Policy RES3 On the cessation of extraction activities, all buildings, plant and machinery will be required to be removed from the site. Any haul roads that are not integral to the after-use of the site will also be require d to be removed. Policy RES4 Quarries requiring backfilling to achieve restoration contours will only use inert waste. Operators should have regard to the guidance given in the Malta Environment & Planning Authority publication, ‘Inert Waste Disposal in Quarries’. Policy RES5 On completion of restoration works, operators will be required to demonstrate that quarry faces have been rendered stable. The restoration scheme for the site will be required to indicate the proposals for treating quarry faces. Policy RES6 Where minerals development would impact upon good quality agricultural land, there will be a presumption that agricultural restoration will be required. Applications will be required to provide details of the provisions for soil stripping, storage and placement. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 9 Policy RES7 Applications to extend quarries will be required to include a comprehensive restoration scheme for the existing site and the extension area. Policy RES8 The Malta Environment & Planning Authority will seek to ensure that all quarry sites have agreed restoration schemes through one or both of the following mechanisms: • Encouraging operators to submit restoration schemes voluntarily; or • Amending Police licences to include restoration schemes. Policy RES9 Local Plans will identify existing quarries where an area-based approach to reclamation would be most appropriate. For each area, the Malta Environment & Planning Authority will prepare a reclamation strategy. Policy RES10 In urban/urban fringe areas, the Malta Environment & Planning Authority will normally require a restoration compatible with the following: • In areas of development restraint, restoration to agriculture or informal recreation/tourist facilities; • In other areas and in addition to the above, more formal recreation/tourist facilities or other built development consistent with the requirements of the Structure Plan and relevant Local Plan. Policy RES11 In rural locations, the Malta Environment & Planning Authority will normally require restoration to one of the following uses: • Agriculture, through inert waste infill; • Nature conservation; • Any other appropriate uses identified through the local plan process. Policy RES12 In coastal locations, the Malta Environment & Planning Authority will normally require restoration to one of the following uses: • Agriculture, through inert waste infill; • Nature conservation; • Any other appropriate uses identified through the local plan process. c:\temp \mineral sp\final approved 29 may 03.doc May 2003 10 Policy OG1 When considering applications for oil and gas related development, whether onshore or offshore, the Malta Environment & Planning Authority will require that all the social, environmental and economic impacts of the development are considered and presented as an Environmental Impact Statement. Operators should have regard to the issues indicated in Table 11.1 of this Minerals Subject Plan. Policy BC1 The commercial extraction of Blue Clays will not be permitted. c:\temp \mineral sp\final approved 29 may 03.doc May 2003
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