The Malta Chamber of Geologists (MCG) is the national association of professional geologists of Malta. MCG is a non-profit professional organisation registered in Malta (VO/2329), established to represent and defend the profession of the geologist in Malta and, to broaden and update knowledge of its members. It promotes the science and practice of geology and geoscience by safeguarding standards and distributing research and knowledge in the fields of geology and has a social purpose of raising awareness in geology that benefits public safety and economic development.

The administration of the Chamber is entrusted to the Council which meets regularly, and its endeavours are regulated by the statute and code of ethics. The Chamber is member of the European Federation of Geologists (EFG), the European Geosciences Union (EGU) network of geoscientific societies and has representatives on the European Committee for Standardization (CEN).

Website: www.mgeol.org

Email:     chamberofgeologists@gmail.com

Preamble

A modern construction industry requires the applications of geology and the input of geologists as the experts on rock. The importance of geology stems from two fundamental facts:

1.   All construction is founded on rock or soil. Consequently, the stability, safety and durability of built structures depends on the geology of the underlying rock, namely the condition, nature, and dynamics of the rock.

2.  The bulk of building materials are geological materials, e.g., stone, aggregate, cement. Consequently, the long-term durability and safety of built constructions is linked to geology.

Rock is a geological material of immense complexity that evolves over millions of years with significant variability in its components, that experience diagenetic changes and changes in stress that require the specialist input of the geologist to understand its complexity.

Nevertheless, Malta remains the only country in Europe where the profession of the geologist is not recognised by the state in any form despite the contribution of geologists to public safety which would entail their recognition according to 2005/36/EC on the recognition of professional qualifications. This situation places the public and developers at a higher risk and disadvantage relative to the public in other European countries.

 Geologists all over the world are engaged in resources extraction (quarries, mining, oil and gas), the environment and construction:

The Council of the Malta Chamber of Geologists has approved this document (Part 1) that highlights the problems in the construction industry in Malta linked to inadequate legislation and weak or absent administrative structures, a situation that compromises public safety.

Following a series of tragic collapses of built structures, the MCG believes that we should not wait for more tragic accidents related to construction before the state begins to implement reforms and change.

This document examines eleven aspects related to the regulation and operation of the construction industry in Malta which require improvement, change, updating or filling of legal and administrative lacunae. The current situation is unacceptable, and the issues raised in this document need to be addressed for the sake of public safety and a sustainable construction industry.

Geologists are the experts on rock and can understand the complex nature of rock and the MCG is committed to give its assistance to improve public safety and ensure a sustainable construction industry.

Dr Peter Gatt

President, Malta Chamber of Geologists – Kamra tal-Ġeoloġi

25 September 2023

1.   Regulatory bodies

a.      Planning Authority

The Planning Authority is responsible for permitting construction development and attempts to regulate buildings by obliging developers to adhere to basic building regulation, post-completion compliance certification and revoking permits.  However, the permitting does not take into consideration ground conditions or the suitability of the ground geology for the development that has been sanctioned. This leaves a lacuna where the developer has no idea whether the area to be developed will not have problems during excavation or after the construction has been completed. This problem is exacerbated in Malta because there is no national Geological Service.

b.      Building and Construction Authority (BCA)

Set up by the Building and Construction Act of 2021 to safeguard third parties and safe working practices. Nevertheless, the BCA has not created a framework for safe construction especially during rock excavation. The BCA does not recognise the profession of the geologist, thereby, excluding an important profession crucial for safe rock excavation and good building materials. Meetings between the BCA and the Malta Chamber of Geologists to discuss mapping of areas of high geological risks have not materialised into anything.

c.   Environment and Resources Authority (ERA)

ERA was established in 2016 as the regulator on the environment, to advise government on environment policy and to monitor environmental impact of developments. As a resources Authority, ERA is responsible for regulation of the quarrying sector which is the man supplier of materials to the construction industry. The quarrying industry in Malta does not follow any European or international standard of resources reporting. Throughout Europe, such standards require the geologist as the competent person, except Malta. This situation negatively impacts on the quality of building materials with consequences on durability and safety of buildings.

2. Geological map of the Maltese Islands

All construction requires a basic understanding and knowledge of the underlying type and nature of rock. This information is derived from the geological map which in the case of Malta is inaccurate and replete with errors and omissions. Throughout the production of the geological map of the Maltese Islands the MCG was not consulted by the responsible government department which does not employ any geologists. The MCG has issued a press release on the 3rd December 2022 explaining the problems of the ‘updated’ geological map issued by the government in 2022. Quote from the Press Release:

‘The ‘updated’ geological map contains several and multiple errors and replicates the significant stratigraphical omissions and mapping errors of the geological maps produced during former colonial administration up to the last geological map published in 1993. A routine desk study would have revealed publications and PhDs by Maltese geologists who have contributed significantly to the updating of Malta’s stratigraphy but were ignored.’

3. Geological Service (or Survey)

Malta is the only European country without a national Geological Service or Survey. A Geological Survey is a state organisation that employs geologists to systematically investigate the geology of the surface and subsurface of the land and seabed of the state. The Geological Service is also responsible for the publication and updating of the geological map and other authoritative data on geology. Every state in Europe, including countries that achieved independence in the past three decades have established a national Geological Survey (e.g., Slovenia, Bosnia-Herzegovina, etc..). Malta remains the only exception. The lack of a Geological Service has two negative impacts on society and industry:

a.  Developers and the public have no prior information about the nature and problems of the ground on which construction has been built or will be built. This increases risks and places the Maltese public and developers at a disadvantage relative to the European public.

b.  The quality of supply of building materials (dimension stone and aggregate) depends on the mineral resources of the country. The lack of a Geological Service to identify the best quality rock resources, their sustainable use and an adequate scientific classification of these resources means that the quality of building materials is declining and that there is no scientific methodology to assess building materials.

4. Legislation

Two pieces of legislation are discussed in this section:

A. Article 439 of the Civil Code

Article 439 of the Civil Code on distance from third party wall stipulates that:

'It shall not be lawful for any person to dig in his own tenement, any well, cistern or sink, or to make any other excavation for any purpose whatsoever at a distance of less than seventy-six centimetres from the party-wall'.

Article 439 does not take into consideration the geology of the ground but offers an arbitrary cut off distance of 76 cm when the real determinant of whether it is safe to excavate next to a third-party wall is the geology of the site. It is proposed that Article 439 is replaced by a geological assessment by a geologist to determine at what distance it is safe to excavate.

B.  Legal notice 136 on avoidance of damage to third party property

Following several tragic incidents resulting in the collapse of third-party property next to rock excavation sites, the Government of Malta issued Legal Notice 136 of 2019 (LN 136) on avoidance of damage to third party property. The LN 136 of 2019 replaced the LN 72 of 2013. The following observations are made about LN 136:

a.  The now abrogated LN 72 of 2013 had the following clause in section 9 (4) (Appendix 1):

‘For excavations exceeding 3 metres in depth, prior to the commencement of any excavation on the development site, the developer shall carry out an appropriate geological investigation.’

The above clause requiring a geological investigation was not included in LN 136 of 2019, effectively removing the need for geological assessment prior to rock excavation even though many third-party properties had collapsed during or after rock excavation. This means that the present LN 136 of 2019 weakened, rather than strengthened, the protection of the public by removing the requirement of geological assessment of the ground.

b.  LN 136 requires the submission of a Method Statement to the Director (BCA). The Method Statement is defined as:

"Method statement" means a report prepared by a perit and shall have the meaning assigned to it in these regulations'

 The Method Statement shall include the information requested in the seven schedules in LN 136 of 2019. Although the Fifth Schedule is about excavation of rock or soil, there is no reference whatsoever to the geologist despite the competence of geologists in matters relating to the complexity of rocks. Effectively, the expert on rock is excluded in LN 136 of 2019. The consequence of this omission is highlighted by the Building Industry Technical Committee Report (Quintano et al., 2020) which states in Section 1.5:

Although ground investigation can go a long way towards obtaining such an understanding, this is often insufficient when attempting to figure out the complexity of rock mass discontinuities, in the local context. Most accidents occur because these are often misunderstood, or because their importance in compromising stability is neglected completely.

 The exclusion of geologists effectively results in the poor understanding of the complex nature of the rock mass discontinuities and other geological concerns related to the ground with tragic consequences for public safety, which can be avoided if geologists are involved.

c.   Clause 4 of the Fifth Schedule of LN 136 of 2019 states (Appendix 2):

(a)  identification of ground materials through the geological map of the Maltese Islands’

As noted in section 2 of this document, the geological map of Malta is not a reliable document. It is recommended that the geological map of Malta should be used with caution and only following the advice from a professional geologist who is a member of the national association of geologists of Malta.

d.  LN 136 omits any reference to geologists. Clause 4 (b, c) of the Fifth Schedule of LN 136 of 2019, states (Appendix 2):

‘(b) information from any ground investigation reports that fall within the immediate surroundings, specifically within the affected zone;

(c)  information from other periti who have built or supervised excavation in the immediate surroundings, after having obtained the necessary consent to use this information;

Clause 4 limits ground investigation to data derived from previous ground investigations or ‘information from other periti’, effectively excluding information from geologists who by their competence, skills and knowledge of rock and the subsurface are in the best position to offer very important and relevant information about the nature of the ground and the risks associated with it.

e.  LN 136 does not identify the competent person and limits the efficacy of ground investigation by limiting the methodology and omitting the professional to interpret the cores extracted. Clause 4 of the Fifth Schedule of LN 136 of 2019, states (Appendix 2):

(d)  if information requested in items (b)  or  (c)  is  not available,  information  from  a  ground  investigation that would need to be commissioned for the proposed project. This investigation shall be carried out from within the site that is to be excavated. In the case of excavations not  exceeding  2m  in  depth,  such information may be obtained from trial pits, whereas borehole drilling with full recovery shall be required for  all  other  proposed  excavation  depths.  If agreement is reached with the neighbouring third parties within the affected zone, boreholes shall be drilled, inclined, from within the site that is to be excavated, into the ground beneath the neighbouring third party properties.’

In the absence of such information, the Legal Notice 136 limits investigation to trial pits or ‘borehole drilling with full recovery’ if excavation exceeds 2 metres depth, which means the drilling of boreholes to extract cores of rock as the method of ground investigation. 

This method greatly limits the information that can be obtained from the ground and unnecessarily increases the risks for the following reasons:

i.                    Geologists can gather much more information about the ground from other sources and methods of data collection rather than just boreholes and cores which are only one source of information usually limited to less than 1 % of the area of the site. The LN 136 of 2019 limits data extraction to just core data and does not require the intrapolation of data between boreholes which represent only a tiny fraction of the site area, making the entire process inadequate.

ii.                   The LN 136 of 2019 requires the drilling of boreholes to extract cores of rock but does not specify the competences of the person who will examine, analyse and log the cores. It is universally accepted that the geologist is the competent professional required to examine and log cores. Nevertheless, the omission of the role of the geologist in LN 136 of 2019 means that anyone, including persons with no knowledge of rock, can assess, log and report on the cores extracted. This legal lacuna renders the exercise of coring required in LN 136 of 2019 into a parody which increases risks and undermines public safety.

iii.                 Even though LN 136 of 2019 makes borehole drilling for the extraction of cores mandatory, there are several cases when this requirement has been ignored with no legal consequences. A case in point is the tragic collapse of a house in Hamrun in 2020 which resulted in a fatality. There is no reported evidence that cores of the rock were extracted before and after the tragic incident which occurred during rock excavation. Understanding the nature of the rock at a site by a geologist is fundamental to ensure safe rock excavation and avoidance of damage to third-party property.

f.     Clause 5 of the Fifth Schedule of LN 136 of 2019 states (Appendix 3):

‘Identification of the risks involved in carrying out excavation, taking into account the expected strength of the ground materials, the presence or otherwise of fissures, and loads within the affected zone’.

The limitation of risks in LN 136 to just ‘fissures’ reflects a poor understanding of discontinuities in rock which occur in other forms and can be equally, or more dangerous.  Geologists can identify more types of discontinuities at the site. The full list of discontinuities on rock can be found in Sections 2 and 3 of the CEN 1997-1 (2004) (Eurocode 7) which includes other geological features that require assessment.

5. Geological assessment of ground conditions

The nature of the ground is highly variable in Malta and can be affected by dynamic process that can result in both vertical and horizontal movement which may compromise the safety of the overlying constructions.

Nevertheless, there is no legislation that requires geological assessment of the ground in cases where there is no third-party construction around the site to be excavated and developed. This means that the developer is unaware if the ground can support the loads of the building or is susceptible to movement irrespective of loads applied.

When third-party constructions are adjacent to the site to be developed, LN 136 of 2019 makes the drilling of boreholes mandatory.  The Report of the Building Industry Technical Committee (Quintano et al., 2020) appointed by the Hon Prime Minister makes this comment in section 1.28 of about this requirement:

‘The mandatory requirements for ground investigation, brought about by LN136/2019 has however, created a market for such investigations, which are sometimes equated to mere borehole drilling work executed by anyone in possession of a small drilling machine.’

This statement highlights the anomalous situation in Malta where anyone, whether competent or not, can make ground investigations. This situation results in inadequate standards of ground investigation without the input of the expert on rock, namely the professional input of the geologist. To make matter worse, LN 136 imposes the mandatory requirement for drilling boreholes to extract cores, effectively excluding other more effective methods that the geologist may choose to use. It seems that this legal notice is more inclined towards improving commercial benefits for companies involved in borehole drilling rather than concern for public safety.

The standard and quality of reports based on borehole drilling and coring are inadequate to very poor in Malta. Geological aspects that are important to public safety are rarely included and the reports on ground investigation remain a mere collection of test results without proper geological assessment and analysis by a geologist.

The test results are themselves sometimes of dubious quality since there is no professional to assess any potential human or machine error. It should be noted that in section 7.3 of the Report on Mater Dei Hospital concrete by the internationally renowned company ARUP, commissioned by FMS (ARUP, 2015), ARUP had dismissed many of the test results on concrete cores made in laboratories of Maltese borehole drilling companies since the results do not correlate with test results made by an independent British company hired by ARUP or lacked adequate certification (Appendix 4).

6. Courts of Justice

The Courts of Justice have a role in construction regulation and establish civil and criminal responsibility partly based on the contribution of Court experts. However, the Law Courts have never issued calls for professional geologists to act as court experts. Several Court cases would require the expert input of geologists especially in cases concerning rock excavation, rock failure and resulting damage to property and lives. Forensic geology remains an unknown discipline in Malta despite its application by overseas Courts to help solve cases.

7. Mapping of geological high-risk areas

A geological hazard map is a map indicating the areas that are vulnerable to hazards. The following geological hazards are identified in Malta:

• rock fall during rock excavation

• slope instability: landslides, mudslides

• subsurface voids (caverns, caves)

• flooding

• earthquakes

• costal erosion

• ground radiation (radon gas)

The geological hazards map is a tool used by geologists and government authorities to anticipate any hazard that a geological event or condition may bring. It also helps to inform the public to be prepared for the geological hazard.

Geological hazard maps are produced in many countries. Malta remains the exception, exposing the public to unnecessary risks. The Malta Chamber of Geologists has informed the Building Construction Authority about the importance of having such maps for the construction industry so that developers and the public are aware of the potential geological hazards of a site. However, no progress has been made.

8. Climate change

Climate change is now widely accepted as a phenomenon that will affect lives and the economy throughout the world. In a highly urbanised country like Malta, climate change can have dire consequences. The risk of flooding by heavy downpours from medicanes (Mediterranean cyclones with characteristics that resemble tropical cyclones) is on the increase. Geologists are required in the understanding of drainage basins and interventions that cab mitigate the flooding. Several issues are expected because of climate change which will require the input of geologists:

• Several dams constructed in colonial times in large valleys are silted up and cannot function as flood relief. 

• Slopes may become unstable when saturated with rainwater. There is no ongoing assessment of dangerous slopes that can affect urban areas.

• Coastal erosion because of the combined effect of sea level rise and increased storms will impact urbanised areas along the coast of Malta. There is no plan to mitigate the impact of coastal erosion.

9. Earthquakes

Earthquakes with epicentres close or within the Maltese Islands are generally of small magnitude. In situ tests show that the rocks of Malta are subject to tectonic stress (same as regional stress regime in the central Mediterranean) besides other local stresses, but it is not known whether this stress can result in earthquakes. The rocks of Malta have a high density of discontinuities although most faults are inactive, but movement along particular faults may not be excluded. Earthquakes with epicentres within about 600 km of the Maltese Islands with magnitudes >6 Mw are known in Maltese history to have caused damage to constructions and triggered slope instability. Such earthquakes have a recurrence period and may occur again in the future.

Much of the significant damage to constructions was more related to the precarious nature of ground conditions which resulted in ground failure triggered by the passing of the seismic wave, e.g., the partial collapse of Mdina’s old cathedral during the earthquake of 1693. In view of this, the geological assessment of the ground is even more important and areas which are more vulnerable to movement during earthquakes should be identified and mapped.

10. Recognition of the profession of the geologist

Malta remains the only country in Europe where the profession of the geologist is not recognised by the state in any form despite the contribution of geologists to public safety which would entail their recognition according to 2005/36/EC on the recognition of professional qualifications. State institutions, e.g., the Building Industry Consultative Council (BICC) refuses to give membership status to the application of the Malta Chamber of Geologists to join the BICCs Advisory Board despite that other members on the Advisory Board recognise the importance of geologists as stakeholders in the construction industry.

The Planning Authority (PA) and the Environment and Resources Authority (ERA) have also failed to recognise the profession of the geologist and their organisation representing them, the Malta Chamber of Geologists, although they sometimes require geological reports in the permitting process. It should be noted that other professional stakeholders in the construction industry, namely the Chamber of Engineers and the Chamber of Architects and Civil Engineers, are recognised by the state, state institutions and authorities. The exception remains the geologists.

In neighbouring Italy, the geologist is recognised by means of a warrant issued by the state. Similarly, in Greece and several other countries in Europe. Malta remains the exception.

11. Conclusions

• The geology of the land is highly variable and complex, requiring the input and expertise of the geologist to understand the nature and dynamics of the rock and soil.

•  All construction is built on the ground and there is a close relationship between the stability of the construction and the nature of the ground.

• Rock excavation for foundations or basements will encounter the highly variable nature of the rock and hydrogeology. Rock excavation can be a very dangerous phase of the construction process that requires the expert input of the geologists to lessen the risks.

• The laws and regulations enacted by the state, e.g., LN 136 of 2019, Article 439 of Civil Code, are too prescriptive and ignore the geological nature of the ground and the role of the geologist in understanding the variable and complex nature of the ground. Therefore, the methodology used to assess ground geology conditions should be left to the professional, namely the geologist.

•  The public and developers are unaware of the potential problems related to the ground geology because Malta lacks the institutions with geological expertise that can offer such information. Such institutions exist in all other European states. The unique situation in Malta increases risks, cost and undermines public safety.

• Due to the absence of a national Geological Service, Malta is unprepared for global changes and regional catastrophic events making the Maltese public more vulnerable to the impact of climate change and earthquakes.

•  Malta remains the only country in Europe where the profession of the geologist has no recognition at any level. Consequently, the Malta Chamber of Geologist as the representative of the profession in Malta are not consulted by government or Authorities during the enactment of laws and regulations. The result is that public safety in undermined and the inadequate level of geological data unnecessarily increases risks.

References

          ARUP. (2015). Mater Dei Hospital, Malta.

         CEN. (2004). EN 1997-1: Eurocode 7: Geotechnical design - Part 1: General rules.

         Quintano, L., Simiana, M., Mifsud, A., & Cassar, M. (2020). Internal Discussions of the Committee Building Industry Technical Committee.

         Press Release by the Malta Chamber of Geologists about the ’updated’ geological map of Malta. (https://www.mgeol.org/home/press-releases)

copyright (c) 2023, Malta Chamber of Geologists