Fawwara quarry expansion approved despite court eviction order ruling

The Planning Authority has approved the expansion of the long-debated Fawwara quarry in Siggiewi, issuing a fresh ten-year operational permit for further mineral extraction at the site. The decision relates to application PA/02566/18 and permits Quarry 7 in the Gebel Ciantar area to extend laterally into adjacent agricultural land.

The approval has renewed public discussion about land governance and regulatory enforcement in Malta. It follows a 2024 judgment by the Court of Appeal confirming that the quarry operators were occupying public land unlawfully and affirming the Lands Authority’s right to seek eviction. Despite that ruling, no eviction has taken place and the Planning Authority has now granted new planning permission covering the same site.

The quarry is operated by a company co-owned by businessman Charles Polidano, widely known as Ic-Caqnu, together with contractors Schembri Barbros. Both parties have been associated with quarrying operations in Malta for many years.

The Planning Authority decision

The decision was taken by the board of the Planning Authority, Malta’s national regulator for development and land use. The board approved the case officer’s recommendation which concluded that the proposal aligns with mineral extraction policies and provides for eventual site rehabilitation once operations cease.

According to the approved plans, approximately three tumoli of cultivated agricultural land will be incorporated into the expanded quarry footprint. The excavation is intended to proceed laterally rather than vertically, extending the existing boundary into fields currently used for farming.

The case officer’s report placed emphasis on compliance with the relevant mineral extraction policy framework and the submission of a restoration plan. The report argued that the site would ultimately be rehabilitated in accordance with planning conditions once extraction activities are completed.

Notably, the assessment documentation did not address in detail the existence of the standing eviction order confirmed by the Court of Appeal. The planning process focused primarily on land use considerations, policy alignment and technical compliance.

Background to the court rulings

The legal history of the site is central to the current debate. In 2018 a court judgment declared that the occupation of the land was unlawful. That decision was upheld in 2024 by the Court of Appeal, which confirmed the Lands Authority’s right to evict the operators from the public land in question.

The Court of Appeal ruling reinforced the principle that public land must be administered in accordance with the law and that concessions must respect their original terms. Despite the clarity of the judicial decisions, enforcement has not resulted in physical eviction from the site.

The Lands Authority had initiated court proceedings in 2011 seeking recovery of the land. The judgments issued in 2018 and confirmed in 2024 provided a legal basis for eviction. However, as of the time of the Planning Authority’s approval, quarrying activities have continued intermittently and no eviction has been carried out.

The interaction between planning approval and land ownership disputes is legally complex. Planning permission regulates development and land use but does not in itself confer ownership rights. Conversely, the existence of a property dispute or eviction order does not automatically preclude the processing of a planning application. This distinction has been highlighted by legal commentators in similar cases.

A site with a long and contested history

The land in question has a documented history dating back to 1933, when it was granted to farmers under a public concession strictly for agricultural purposes. Over subsequent decades, parts of the land were transformed into a hardstone quarry. Significant volumes of stone were extracted, contributing to Malta’s construction sector.

Over time, questions were raised about boundary encroachments and extraction beyond approved limits. Enforcement notices were reportedly issued at various stages as quarrying activities expanded. By the mid-1990s, the quarry had come under the control of Polidano & Schembri Ltd, linking the site to established figures in the construction and quarrying industries.

The evolution of the site from agricultural concession to industrial quarry forms part of the broader narrative surrounding land management in Malta. Critics argue that incremental extensions and regulatory decisions have allowed long-term transformation of land originally intended for farming.

Supporters of continued quarrying, on the other hand, point to the economic role of mineral extraction in supplying building materials for infrastructure and housing.

Objections from the local council and civil society

The Siggiewi Local Council formally objected to the application, expressing concern about the loss of agricultural land and the impact on the rural landscape. Civil society groups also submitted representations warning that the expansion would permanently alter a rare rural setting and displace farmers currently cultivating the fields.

Objectors argued that the cumulative effect of decades of quarrying has already significantly changed the character of the area. They maintained that further extension into active farmland would exacerbate environmental degradation and undermine efforts to preserve agricultural resources.

Within the planning assessment process, these objections were considered but ultimately not upheld as grounds for refusal. The board concluded that the proposal met the relevant policy criteria subject to conditions.

The case illustrates the ongoing tension between development policy and environmental preservation. Malta’s limited land area intensifies such conflicts, particularly when agricultural land is affected.

The role of the Lands Authority

An additional point of public attention concerns the position of the Lands Authority. Despite having secured favourable court rulings confirming unlawful occupation, the Authority did not formally object to the planning application.

The absence of an objection has prompted questions about institutional coordination. It is important to note that the Lands Authority and the Planning Authority operate under distinct statutory mandates. The former manages public land and property rights while the latter regulates development permissions.

From a legal standpoint, a planning decision does not extinguish or override an eviction order. The enforcement of court judgments remains within the competence of the relevant authorities. Nonetheless, the granting of planning permission in the context of a confirmed eviction order has raised concerns about regulatory coherence and public perception.

Mineral extraction policy considerations

Malta’s mineral extraction policies seek to balance economic necessity with environmental safeguards. Quarrying remains a significant component of the construction supply chain, providing limestone and hardstone materials essential for local building activity.

Policy frameworks generally require that extraction proposals demonstrate operational need, environmental management measures and clear rehabilitation plans. Restoration of quarry sites, including backfilling and landscaping, is a central policy objective intended to mitigate long-term environmental impact.

In the case of Quarry 7 at Gebel Ciantar, the Planning Authority accepted that the proposed lateral extension would be followed by rehabilitation in accordance with approved plans. Conditions attached to the permit are expected to regulate operational methods, environmental monitoring and eventual restoration.

Whether these safeguards will satisfy concerned stakeholders remains uncertain. Environmental groups have often argued that rehabilitation commitments do not fully compensate for irreversible landscape change.

Governance and public confidence

The Fawwara quarry decision has reignited broader discussion about governance, transparency and the rule of law. The coexistence of a confirmed eviction order and a newly issued planning permit creates a complex regulatory scenario that can be difficult for the public to interpret.

It is essential to distinguish between judicial findings on land occupation and administrative decisions on planning policy. Each operates within its own legal sphere. However, public confidence depends not only on legal distinctions but also on the perception of consistent enforcement.

The case highlights the importance of clear communication between public authorities and transparent explanation of how parallel processes interact. In a small jurisdiction such as Malta, land use controversies can have wide social resonance.

Looking ahead

The ten-year permit provides a medium-term framework for continued operations at the site subject to compliance with planning conditions. Any future enforcement of the eviction order would involve separate legal and administrative steps.

For the local community in Siggiewi, the immediate reality is that the quarry will continue operating and expanding into adjacent land. For farmers affected by the extension, practical implications include displacement and loss of cultivated fields.

The broader policy debate is likely to continue, particularly in light of ongoing discussions about sustainable development and land stewardship.

Conclusion

The approval of the Fawwara quarry expansion represents a significant moment in Malta’s ongoing dialogue about land governance, environmental protection and regulatory coherence. The Planning Authority’s decision confirms that, from a planning perspective, the proposed extension meets current mineral extraction policies and includes provisions for site rehabilitation. At the same time, the existence of a confirmed Court of Appeal eviction ruling underscores the distinct but intersecting realms of planning law and property enforcement.

This case demonstrates the complexity inherent in managing public land within a dense and economically active island state. It also illustrates the importance of institutional clarity and consistent application of legal principles. As operations proceed under the newly granted permit, continued scrutiny by authorities, local councils and civil society will be essential to ensure that both planning conditions and judicial determinations are respected in accordance with the law.

FAQs

What was approved by the Planning Authority?
The Authority approved a ten-year permit allowing lateral expansion of Quarry 7 at Gebel Ciantar in Siggiewi into adjacent agricultural land.

Does planning permission override a court eviction order?
Planning permission regulates development use but does not in itself override or cancel a court order concerning land occupation.

Who operates the Fawwara quarry?
The quarry is operated by a company co-owned by Charles Polidano known as Ic-Caqnu together with contractors Schembri Barbros.

What did the Court of Appeal decide in 2024?
The Court of Appeal confirmed that the occupation of the public land was unlawful and affirmed the Lands Authority’s right to seek eviction.

How much agricultural land will be affected?
Approximately three tumoli of cultivated agricultural land will be incorporated into the quarry footprint.

Did the Lands Authority object to the planning application?
The Lands Authority did not file a formal objection to the planning application despite the prior court rulings.

What concerns were raised by objectors?
Objectors cited loss of agricultural land impact on rural landscape and displacement of farmers.

Is rehabilitation of the site planned?
Yes the approved plans include conditions requiring eventual site rehabilitation after extraction ends.

When did legal proceedings begin?
The Lands Authority initiated court proceedings in 2011 seeking recovery of the public land.

Will the quarry continue operating?
Under the new permit the quarry may continue operating subject to compliance with planning conditions and applicable laws.