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Table of Contents

1. Introduction

2. Objectives

3. Legislative and Policy Framework

4. Definitions

5. Criteria for Location of Solar Farm Development

6. Design Criteria and Mitigation Measures

7. Evaluation of Proposals

8. Conclusion

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1. Introduction

1.1. At present, the Maltese islands have an isolated national electrical system, with Marsa and Delimara power stations supplying all energy needs. Both power stations are predominantly operating on heavy fuel oil, compelling Malta to rely on imported fuel for its energy needs. Insularity and the limited energy mix are being addressed through significant infrastructural projects including the 200MW HVAC subsea cable linking Malta with Sicily and the European grid, and the construction of a 215MW gas fired combined cycle gas turbine plant (CCGT) which shall also include a new LNG delivery, storage, re-gasification and natural gas supply facility at Delimara. The LNG Combined Cycle plant is intended to run as base load whilst the interconnector will supply electricity when required and when economically viable. This is consistent with the Governments strategy of meeting the Islands energy demands at the lowest long-term cost, taking full account of safety, environmental and all related responsibilities.

1.2. The energy mix shall also include renewable energy sources, in line with Maltas commitment to reach the 10% target of renewable energy share in the final energy consumption by 2020. The drastic reduction in the prices of PV panels has provided an alternative, cost-effective path for Malta to reach its 2020 RES target. Projected PV capacity as at end of 2014, based on existing installations and applications for the allocation of a feed-in-tariff, stands at ~60MWp, whilst the projected annual additional PV capacity is 15-25MWp.

1.3. The present permitting framework has led to a significant number of small to medium sized PV systems, installed prevalently on rooftops of residential and commercial buildings. However, even though this sector has responded well to the various incentives, it is unlikely that it would suffice to bridge any potential gap which will arise, should large scale offshore wind farms fail to materialize before 2020. Furthermore, the integration of PV systems within the built environment, still has a negative visual impact, especially when deployed on a large scale, or in sensitive areas such as village cores. Larger systems, typically deployed on rooftops of commercial or industrial buildings, tend to have a much lower visual impact and are nowadays considered as a low risk investment opportunity providing a reasonable rate of return. This policy shall set a framework which will determine which type of large scale PV systems would be permitted.

1.4. A number of measures intended to contribute towards Maltas achievement of its 10% RES target by 2020, are already set out in the current administrations electoral program. These will provide the opportunity for households to participate in solar energy generation by photovoltaic panels, irrespective of whether they have access to their own roof space or not and, supported by incentives, in the form of feed in tariffs and grants, shall encourage investment in the installation of solar farms on large-scale rooftops, industrial areas and other suitable sites. Small scale rooftop installations (on existing and new buildings), shall still be given their due priority.

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1.5. This policy this starts to provide a definition of a solar farm and sets out the fundamental criteria which MEPA deems appropriate to guide the planning and design of solar farm development and the proper evaluation of applications for such schemes. The policy also provides for solar farms development, with a priority given to large scale rooftops, car parks, industrial areas and quarries, as further amplified in Section 5.2. The policy furthermore, encourages solar farm development which achieves dual or multiple uses of land, to ensure that urban areas are exploited in a more efficient manner.

1.6. Large scale PV development on rooftops, often gives a new lease of life to an otherwise unutilized space and being deployed within the built environment, would, in general, be easily integrated with the grid. Similarly, PV systems covering car parks, add extra value by providing shelter for vehicles and are the ideal places for the installation of EV charge points which are in turn being deployed as part of the national electro-mobility plan.

1.7. Quarries are prominent eyesores especially within the localities of Mqabba, Qrendi and Siggiewi. The policy shall encourage the restoration of suitable quarries, mitigating their negative visual impact and providing an opportunity to generate green electricity. Restoration of abandoned/disused quarries may also lead to backfilling with inert construction waste, relieving alternative sites.

1.8. The quarry industry is characterised by a relatively large number of operators. The police licenses were the only regulation of quarry operation until 1992 and included only a few conditions. With the introduction of the Development Planning Act in 1992, the quarry sector was taken under the control of the Malta Environment and Planning Authority which provides for the planning policies and comprehensive control. Solar farm development on suitable quarries could serve as an opportunity for the operators to regularize their position and bring their operation in line with current policies and legislation.

2. Objectives

2.1 The Malta Environment and Planning Authority (MEPA), together with the Ministry of Energy and Health (MEH) have been requested by the Government to formulate a policy framework, for the development of solar farms in order to:

i. define a solar farm for policy interpretation purposes; ii. provide guidance for the location of new solar farms; iii. identify environmentally-relevant specifications that need to be integrated into

solar farm development.

A technical committee including representatives from both MEPA and MEH met a number of times to discuss proposals and details related to this policy. The policy objective communicated for public consultation was:

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to establish a policy framework which shall define a solar farm, provide guidance for the location of new solar farms with a priority, but not exclusively, for large scale roof tops, for land already committed to industrial development and for quarries; and to identify potential impacts to be addressed

2.2 This was followed by a campaign to gauge the publics interest in solar farms, which also served to collate suggestions on potential sites/areas for solar farm construction. Seventy-two submissions were received in response to this request.

2.3 An exercise to map all the seventy-two submissions received was undertaken. Quarries and rooftops totaled circa 1 square kilometer, with the majority being quarries (86%) which were further assessed for the potential in view of their status yielding just under 0.7km2 of available area. This could theoretically accommodate around 50MWp1 of PVs and would contribute by almost a third of the projected PV capacity necessary to meet Maltas 2020 target, under a scenario with no major Wind Farm projects. This exercise entailed various site visits in order to identify these quarries and determine their current status.

2.4 The Public Submissions document including the public submissions on the objectives of this policy, with the MEPAs reactions thereto, is found in a separate document.

3. Legislative and Policy Framework

EU Context: Directive 2009/28/EC on the promotion of the use of energy produced from renewable energy sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC.

3.1 On 5th June 2009, The Directive on the Promotion of the use of Energy from Renewable Sources (2009/28/EC) (RES Directive) was published as part of the Climate-Energy Package, entering into force on 25th June 2009. This Directive is transposed into Maltese law by Legal Notice 538 of 2010 Promotion of Energy from Renewable Sources Regulations, 2010.3.2 The RES Directive establishes a common framework for the promotion of energy from renewable sources and encompasses Directive 2003/30/EC on the promotion of the use of biofuels or other renewable fuels for transport, and Directive 2001/77/EC on the promotion of electricity produced from renewable sources in the internal electricity market, transposed into national legislation by LN 186 of 2004.The Directive has set a mandatory target to all EU member states to reach an overall 20% renewable energy by 2020. Malta has been allocated a 10% target.

3.3 On 22 January 2014, the European Commission published the EUs Climate and Energy policy framework for 2030, proposing a 40% greenhouse gas (GHG) reduction below 1990 levels, as well as an EU-wide binding target of at least 27% renewable energy share by 2030. However discussions to propose definitive targets are still ongoing.

1 Effective figure depends on topography of site, effective usable area, and panel arrangement.

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National Context: Maltas Energy Policy

3.4 The first draft of the National Energy Policy for the Maltese islands was launched for consultation in 2006. It was then re-launched for public consultation in 2009, to take into account the different energy options to achieve the 2020 target.

3.5 The National Energy Policy was published in December 2012 and sets out a set of measures to enable Maltas transition from total dependency on fossil fuels, towards an energy mix scenario to ensure:

a. Energy efficiency and affordability; b. Sustainability; c. Energy Security d. Diversification of sources; e. Flexibility.

While the principles of the Policy remain valid, the roadmap to achieve the policy objectives has to be aligned with the new administrations work program.

National Context: National Renewable Energy Action Plan

3.6 Maltas Renewable Energy Action Plan (NREAP) was submitted in 2010 as part of the requirements of Directive 2009/28/EC. The NREAP determines how Malta intends to achieve its renewable energy targets, identifying renewable energy sources and their expected relative contribution. At the time the NREAP was submitted, large-scale wind farms were to be the key source of renewable energy generation to meet the 2020 targets. However studies indicate that wind farms, in particular the offshore windfarm which was to be sited at Sikka l-Bajda presents serious environmental challenges. Since Malta has to meet interim targets as well as its 2020 target, the original National Renewable Energy Action Plan (NREAP) is being re-evaluated in view of acquired knowledge as a result of ongoing studies, recent technological advances and changes in the market of renewable energy products. This led to the assessment of an alternative route to meet Maltas obligations, mitigating for the possibility that such large wind farm projects fail to materialize. In line with this approach, deployed technologies which exploit Maltas abundant solar energy resource such as solar photovoltaic (PV) systems and solar water heating, are being supported and the sector has responded well and is expected to become the major contributor of renewal energy in 2020.

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Current regulatory framework for quarries and rooftop installations of photovoltaic and solar panels

Quarries

3.7 Prior to 1992, quarries were regulated by means of Police Licences. Subsequently, the definition of development in Article 30(2) of the Development Planning Act (1992) included the carrying out of mining operations. As from 1st December 1992, new quarrying operations required permission from the Planning Authority. Article 4 of the Malta Resources Authority Act (2000), requires the MRA to regulate the practices, operations and activities in the minerals sector. MEPA is therefore responsible for the sustainable management of the land, whereas the MRA is responsible for the sustainable management of the mineral resource. This implies that the operations of some quarries may still only be covered by a Police Licence (if no extensions were carried out after 1992).

3.8 Over the years, MEPA has adopted the policy documents Code of Practice for Quarry Working and Restoration (1993) and Inert Waste Disposal in Quarries (1997). Other instruments include the Waste Management (Management of Waste from Extractive Industries and Backfilling) Regulations (Legal Notice 22 of 2009, as amended). In any case, the restorative backfilling of disused quarries requires a clearance from the MRA to confirm, that the mineral extraction within a particular quarry is exhausted and that backfilling would not have adverse impacts on the underground water resources.

Rooftop installation of photovoltaic and solar panels

3.9 Class 1(iv) of the Development Notification Order (Legal Notice 115 of 2007, as amended) allows the installation of solar panels and associated apparatus, and photovoltaic panels and associated apparatus without any notification, provided that it is in line with the Development Control Policy and Design Guidance. Article 4(ii) of the same Class 1 also requires, that wherever the rear of the building is located on a ridge, or on the development boundary, or within 30 metres from the shoreline, the installation on the roof of a building shall be set back at least 3 metres from the rear faade of the underlying floor, unless it is located behind and screened by an existing parapet wall and is not higher than such wall.

3.10 Part 13.3 of the Development Control Policy and Design Guidance 2007 makes provision for the mounting of Photovoltaic (PV) Modules. The policy allows the installation of photovoltaic solar modules within the curtilage of buildings; on the roofs of buildings subject to maximum heights and setbacks; and within the fabric of a building, provided that the installation would not have an adverse visual impact on the building, or the area. These arrays are generally light and mounted on free-standing frames, which can be tilted and rotated to the most suitable orientation and pitch according to the sites location and seasonal variation to maximise collection.

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4. Definitions

4.1For the purpose of this policy the following definitions shall apply:

TERM

Definition

Solar Farm A sizeable commercial installation with a footprint larger than 1000m2, not usually related to residential development, for the purpose of renewable energy generation by means of photovoltaic technology.

Any PV installation, whether ground-mounted or not, which occupies a footprint larger than 1000m shall be regulated by the provisions of this policy.

The provisions of the Policy and Design Guidance 2007 shall continue to apply for PV systems installed on roof tops or within the fabric and/or the curtilage of existing buildings and having a footprint smaller or equal to 1000m2. Consequently, standalone, ground-mounted PV installations with a footprint smaller or equal to 1000m, are not favourably considered.

Inactive Quarries

Quarries not currently operational, but which may be reactivated in the future, since there are reserves remaining.

Restored quarries

Quarries that are no longer operational, and restoration, to a greater or lesser extent has occurred.

Disused quarries

Quarries that have been exhausted.

Vertical quarries

Quarries on relatively flat terrain where the quarry is essentially a large hole in the ground.

Natura 2000 site/s

An ecological network composed of sites designated under the Birds Directive (Special Protection Areas, SPAs) and the Habitats Directive (Sites of Community Importance, SCIs, and Special Areas of Conservation, SACs)2

Development Zone

Areas bounded by the Development Zone boundaries including those areas for Small and Medium Enterprises approved by Parliament.

2 Source: http://www.eea.europa.eu/data-and-maps/data/natura-2000

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4.2 In 2003, there were 66 active licensed quarries in Malta and Gozo. Obviously this number excludes quarries that are suspended, no longer operational, or exhausted.

4.3 At present, the Environmental Permitting and Industry Unit within MEPA, controls all local quarries that fall under Directive 2006/21/EC transposed into National Legislation by Legal Notice 22 of 2009 Waste Management (Management of Waste from Extractive Waste and Backfill) Regulations. MEPA permits backfilling of quarries as part of effective waste management.

5. Criteria for Location of Solar Farm development

Guiding Location Principles

5.1 As far as possible, solar farms should be sited in the vicinity of urban areas, or areas with high electrical consumption. This would limit grid connection costs, reduce distribution losses and limit sprawl towards the countryside. Due to the environmental, agricultural and recreational value of the Maltese countryside, this policy aims to preserve pristine land. Solar farms should not take up virgin land, or good quality agriculture land. The policy steers solar farms towards areas of low landscape sensitivity, that have minimal impacts on the skyline, and which do not conflict with rural conservation. The design of the farm should seek to provide visual interest and adopt measures to significantly mitigate visual impact of the solar farm.

Appropriate sites

5.2 Preferred sites for solar farm installations include the following:

(i) Large scale roof tops within Development Zones (including public buildings, industrial/commercial, and roofs of covered open spaces, such as within petrol stations);

(ii) Large open spaces (e.g. parking areas) within Development Zones or other similarly committed areas, where dual use of the site is reasonably feasible. Low-impact ancillary interventions (e.g. roofing of car parks, integration of pole-mounted facilities, etc.) may also be considered, on a case-by-case basis;

(iii) Areas specifically designated for development in strategic or subsidiary land use planning policies, including Areas of Containment (AoC's), garage industry sites and Small and Medium Enterprise (SME) sites;

(iv) Other sites within areas accommodating industrial activities, such as construction plants;

(v) Official disused landfills; (vi) Existing disused vertical quarries (especially those in the flatter areas

such as Mqabba/ al Kirkop and Mqabba/Qrendi/Siggiewi area in view of better visual integration), but excluding those that are fully reinstated with an alternative established use. MEPA may consider the installation of a solar farm in operational quarries at the existing level for a specific period of time, with the condition that after such time, the solar farm is to be removed (if need be) and exploitation of minerals is resumed;

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(vii) On roof tops and the immediate curtilage of sizeable farm buildings (including large farm sheds and greenhouses) and other similarly large structures, government buildings and large water reservoirs lying Outside Development Zone.

Inappropriate sites

5.3 Proposals for the development of solar farms shall not be approved on any sites situated in the following areas:

(i) Open countryside; (ii) Protected or scenic areas or other evidently sensitive locations (eg.

Scheduled areas); (iii) Natura 2000 sites; (iv) Fertile and tilled arable land; (v) Sloping sites (especially those facing north); (vi) Garrigue (xagri) and maquis; (vii) Valleys; (viii) Afforested areas; (ix) Areas of Archaeological, Cultural or Scientific interest; (x) Ridge edges, or sites with considerable breaks of slope; (xi) Sites where the intervention cannot be realistically accommodated

without necessitating major-impact interventions such as: substantial removal of mature natural vegetation/trees, dismantling of old rubble walls (itan tas-sejjieg), reprofiling of terraced fields, or substantial topographic re-engineering works;

(xii) Sites where significant infrastructural works are required to connect the installation to the grid.

6 Design Criteria and Mitigation Measures

6.1 The design and implementation of proposed ground-mounted solar farms, and of any roof-mounted solar farm, where relevant, within the appropriate sites identified in 5.2, should also adopt measures to significantly mitigate any potential adverse impacts, and the following minimum requirements shall apply, both to the solar farm itself, as well as to the ancillary interventions and facilities, including its connections to the national electricity grid. The solar farm design should:

(i) Ensure that the solar farm fits appropriately in the site topography; (ii) Limit the height of the panels above the surrounding terrain; (iii) Introduce appropriate context-adapted boundary treatment and

peripheral landscaping; (iv) Include underground ancillary infrastructure, where possible; (v) Limit trenching work to existing routes; (vi) Avoid the formation of new or altered access routes; (vii) Limit the scale of infrastructure according to the scale of the solar farm; (viii) Ensure that interventions on site are reasonably reversible;

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(ix) Include reasonable measures for the interception, collection and re-use of runoff;

(x) Include a construction management plan, indicating how works would be managed to avoid impact to site and surrounding land;

(xi) Introduce measures to sufficiently mitigate any envisaged disturbance from supporting infrastructure (e.g. light pollution);

(xii) Include a decommissioning and site-reinstatement plan, detailing: the reinstatement of the site upon the cessation of the project; and for the management of works, in a manner that avoids damage to surrounding lands.

7. Evaluation of proposals

7.1 Development proposals of ground-mounted solar farms, should always be accompanied by mitigation measures which seek to minimize any adverse impact.

7.2 No development or ancillary interventions shall encroach upon or adversely affect Natura 2000 sites. These areas are generally established through legal notices, government notices or designation in development plans.

7.3 Depending on the size and location of a ground-mounted solar farm and on its ancillary interventions, an Environmental Impact Assessment (EIA) and/or Appropriate Assessment may be necessary. An EIA is generally relevant in the case of relatively large projects, or projects with potentially significant impacts that require further study. An Appropriate Assessment is relevant to projects with likely significant impacts on Natura 2000 sites. Project proposals will need to be screened accordingly on a case-by-case basis; and any need for such assessments would apply, without prejudice to the required fulfillment of the criteria set out in this policy.

7.4 All development permitted under this policy should be decommissioned and the site re-instated to an acceptable use, within 30 years of the issuing of the development permission. This shall be a condition included in all permissions. In the case of disused quarries, the infilling of the quarry, following the expiry of the 30 year period, in accordance with a restoration method statement, shall also be a condition in the development permission.

7.5 MEPA envisages that this policy document shall be an important material consideration in the determination of development applications for solar farms as defined by this policy, together with other considerations which may be relevant for each individual application. Proposals which are deemed to comply with the requirements of this policy are not exempt from acquiring any other permissions, or submitting any other study/assessment as required by law.

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8. Conclusion

Individuals and organizations are being invited to send their submissions pertaining to this draft policy in writing to:

MEPA, Chief Executive Officer, Solar Farms Policy P.O. Box 200, Marsa MRS 1000;

or through email address: solarfarms.policy@mepa.org.mt.

Submissions should reach the Authority by Friday 13th February 2015.