ACT No. I of 1983 AN ACT to make provision for the establishment of building develop-

I assent.

AGATHA BARBARA

President

9th March, 1983

ACT No. I of 1983

AN ACT to make provision for the establishment of building develop-

ment areas, for the acquisition and disposal of land contained

therein and for the further regulation of building development.

BE IT ENACTED by the President, by and wIth the advice and

consent of the House of Representatives, in~ this present Parliament

assembled, and by the authority of the same, as follows: -

This Act may be cited as the Building Development Areas Act,

1983. In this Act, unless the context otherwise requires

"building site" has the meaning assigned to it in section 4 of

this Act;

"built-up area" means an area which for a continuous stretch

of 150 yards 037.16 metres) of its frontage on either side of the

street, if the street is developable on both sides, or 300 yards (274.32

metres) if the street is developable on one side only, is at least fifty

per centum occupied by buildings;

"Code" means the Code of Poiice Laws;

"Commissioner" means the Commissioner of _ Land;

"Green Be!t" has the meaning assigned to it in subsection (2)

of section 12 of this Act;

"Land Arbitration Board" means the Board constituted by

section 21 of the Ordinance;

"Minister-" means the Minister responsible for works, and for

the purpose of the grant of any authorisation under this Act includes

~ny person delegated in writing by the Minister for such purpose;

"neW building" means a building constructed after the four-

teenth day of February, 1983;

, !~0rdinaiic~·! i'l10nns the Lanc;f Acquisition (Public Purposes) Cap. 136

Ordinance, '

The Minister m.lY from timlZ to time declare any land in Building

(1)

Malta to be a :Building Development Area and shall define such land: in ~;::!~pment

~uch manner as he mliy d~em fit.

(2) Before making such detla:mtlon the Minister shall prepare

a Project which shallinciude sllcnpla.nB aJld such des'criptive matter' as

an

m~ty bm necessary to show

tn$ land that he intends to include in a

Building Development Area,

.

," ' . (3) , .A$ soon as may be i\ft~)' the~reparation of the Project~ a

copy thereof ~hll11 be d(ilposit~d in th~ Office of the Department of Works

and shall be open for public inspectiQn during normal office. hours' of

the Department for a period of at least six weeks, and the Director of

Works shall cause a notice to be published in the Gazette and in at least

two local daily newspaoers, indicating the days and hours on and dur-

ing which the Project shall be open to public inspection.

(4) No land considered to be a building site in accordance

with section 4 of this Act or section 17 of the Ordinance and no land

which has not been included in a Project deposited in the Department

of Works in accordance with the provisions of subsection (3) of this

section and open for public inspection for the period therein indicated,

shall be included in a Building Development Area.

(5) Where any 'land has been declared to be a Building Deve.-

looment Area as is provi"ded in subsection (1) of this section and the

Minister has' prepared a project in accordance with the provisions of

subsection (2) of this section ,and the procedure laid down in subsection

(3) of this section has been followed and the period therein indicated

has elapsed, the Minister shall cause the declaration to be placed before

the House for consideration by it.

.

.

(6) The· 'House may by resolution adopt or reject such decla-

ration or may approve such declaration with any modification as it may

deem fit to make.

(7) Where the House adopts or approves the declaration as

is provided in subsection (6) of this sectiori, the Clerk 0f'the H0use shalL

cause a copy of the resolution to be published in the Gazette-and the

Director of Works shall cause a copy of such resolution together with

any plans or documents attached thereto to be exhibited at the premises

of the Department of Works in a place accessible tO'the public during

normal office hours of the Department.

(8) Any declaratiorr made by the Minister and adopted. or

approved by the' House, may be amended or revoked by another decla-

ration made by the Minister and the provisions of subsections (4), (5),

(6) and (7) ofthis section shall (mutatis mutandis) apply to a declaration

made under. this subsection.

-4. (1) Land shall be deemed to be a building sitefor the purposes When land is

of this Act if. it has a frontage.-on .an existing street and is situate within considered a

a built-up area or" subject to paragraph (2) of this. section within a dis- buifding site.

tance of not more than Ioo yards (91.44 metres) of a built-up area,

measured along the axis of the street.

(2) 1n determining whether hmd is a building site by reason

of the fact that it is situate within a distance of not more than 100 yards

(91.44 metres) of a built-up area regard shall be had to the probable im-

mediate expansion of the -biult-up area in the direction of the land -in

question ..

(3) Land falling within the definition of subsections (1) and

(2) of this section shall be deemed to be a building site to a maximum

depth of 12 canes (25.146 metres) .

(1) Ar( titqles ICEi art ghall-bini ghall-finijiet ta' dan I-Att

jekk ikollha faccata fuq triq li ga tezisti u tkun qieghda f'area mibnija

jew, bla hsara ghall-paragrafu, (2) ta' dan l-artikolu tkun, qieghda f'dis-

tanza ta' mhux izjed minn 100 jarda (91.44 metri) minn area--mibnija, li

ghandha titkejjel tul l-assi tat-triq.

(2)

Biex tigi stahbillta jekk art hix art gliall-hini minhahha

l~fatt li tkun

qiegtlda f'distanza ta' mhux izjed minn 100 jarda (91.44

metri) minn area mibnija, gnandu jittiened kont gnat-tkabbir immedjat

liaktarx isir ta' I-area mibnija fid-direzzjoni ta' I-art in kwistjoni.

(3) Art Ii tidnoI fit-tifsir tas-subartikoli (1) u (2) ta' dan

l-artikolu gnandha titqies li tkun art gnall-bini sa fond I-aktar ta' l2-il

qasba (25.146 metri).

.

(l) Saving the provisions of Section 7 and 8 of this Act, with

effect form the date of the publication of the resolution referred to in

section 3 oUhis Act, all land within-a Building Development Area shall,

by virtue of this Act and without the necessity of any other formality

required by law. be deemed for all intents and purposes of this and of

any other law to be land acquired for a public purpose by absolute pur-

chas'e in full ownership, free and unencumbered from any charge,

hypothec or privilege under the provisions of the Ordinance, and there-

upon all the provisions of the Ordinance which are not incompatible

with this Act shall continue to apply to such land in the same manner

and bnder the same conditions as if the land had been acquired for a

public purpose by absolute purchase under the Ordinance.

(2) With effect from the date of the publication of the resolu-

tion of the House referred to in the immediately preceding subsection, all

leases to which the land may have been subject prior to the publication

of the resolution shall, notwithstanding the provisions of the Agricul-

tural Leases (Reletting) Act, 1967, by virtue of this Act be terminated

without the necessity of any other formality required by law and there-

upon the provisions of the Ordinance, in particular the provisions of sec-

tion 19A of the Ordinance shall apply to the payment of compensation

by the Commissioner to the tenant.

(3) Any person haying a right over or an interest in the land

to which this section applies, shall be entitled to have access to the Land

Arbitration Board and to the Civil Court First Hall for the purpose of

determining his right over or interest in such land, the amount of any

compensation to which he may be entitled and for the purpose of obtain-

ing payment of that compensation; and all the provisions of law relating

to proceedings before the Land Arbitration Board and the Civil Court

First Hall in matters of acquisition of land for a public purpose shall,

mutatis mutandis, apply to proceedings taken by such person before the

Land Arbitration Board or the Civil Court First Hall under this Act, as

the case may be; and the said Land Arbitration Board and the Civil

Court First Hall shall be vested with jurisdiction in such matters

Provided that a right of appeal to the Court of Appeal from

any decision of the Land Arbitration Board and the Civil Court First

Hall shall vest in such person; and all the provisions of law relating to

proceedings for appeals from decisions of the Civil Court First Hall, shall

apply to proceedings taken by such person in an appeal under this Act

and the said Court of Appeal shall be vested with jurisdiction in such

matters.

Any land shall be valued for the purpose of determining the

compensation payable in accordance with section 5 of this Act as rural

land or as waste land as the caSe may be,

0) Notwithstanding any other provlsiOn of thi~ Act where Procedure wben

a person having a right over or an interest in any land included in, a land has been

Project referred to in section 3 of this Act, proves by documentary purchased

before the 14th

evidence that such land had been acquired bona fide by him prior to February, 1983.

the fourteenth day of February, 1983, at a price higher than the com-

pensation otherwise payable in accordance with the Ordinance, the

Minister shall cause such documentary evidence to be placed before

the House together with the . declarat~on referred to in section 3 for

consideration by it, and the House may in the resohltion adopting or

approving such declaration either

(a) include ' such land within the Building ' Development

Area, in which case such higher price shall be: payable as com-

pensation to such person; or

(b) include such land with the Building Development Area

and declare tha t the provisions of section 5 of th is Act shall not

apply to it; or

(c)

exclude such land from the Building Development Area.

' ·"11

(2) For the purposes of this section documentary evidence

shall include a legalised copy of the deed of transfer relative to such

land together with a plan at a scale to be determined by the Minister

by.regulations made ,in virtue of this Act, and shall be forwarded to the

Minister by registered post not later than six weeks after the publication

in the Gazette of the notice referred to in section 3 of this Act.

The provisions of section 5 of this Act shall not apply to

Non-

applicability

(a) an existing building (other than a building occupying

of section 5

of this Act.

lan d of an area of less th:ln eighteen square metres) whether

complete or in the process of construction if, in the latter case,

a permit for its construction is on the date of the declaration of

the land as a Building Development Area, still in"force jnaccord-

ance with the provisions of any regulations made under the

Code; or

.

(b) land in relation to which a permit for the construction

of a D'lilding is still in force, on the date of the declaration of

the 'land as a Building Development Area, in accordance with

the provisions of any regulations made under the Code; or

(c)

land in use as a quarry.

As soon as may be after the publication of the .resolution of Registration

in

subsection. m of section 3 of this Act and of acquisition

the Hotlse referred to

in , any case not later . than three months . from such publication, the at the Land

Registry.

Commisioner shall cause t o be registered at the Land Registry,··the

acquisition of such land 'by' the Government, andfo! all purposes ' of

the Land Registration Act, 1981, all :land comprised in a Building Act XXXV of

Development Area shall be deemed to be an area declared as a re- 1981

gistration area.

lO. As soon as may be after the publication of the resolution

Service of

cif th~ House referred to in subsection (7) of section 3 of this Act, the

resolution by

Corum issiQner shall file a copy of sllchresolution (together with particu-

Commissioner,

Kemm jista' jkun malajr wara 1-pubbIikazzjoni tar-rizoluzz-

Notifika ta'

joni tal-Kamra: msemmija fis-subartikolu (7) ta' I-artiko1u 3 ta' dan I-Att,

kopja ta'

rizoIuzzjoni mill-

il-Kummissarju gliandu jipprezenta kopja ta" dik ir-rizoluzzjoni (flim-

Kummissarju .

kien ma' partiko1aritajiet bizzejje.d biex I-art tkun tista' tingliaraf) fir-

Registru tal-Bord ta' Arbitragg dwar Artijiet, u gliandu jieliu lisieb li

kopja tagliha tigi notifikata permezz ta' dak it-Bord bit-mod preskritt

bil-Kodici ta' Organizzazzjoni 'u Procedura civili 1i1 kun persuna, 1i

Kap. 1~

jkollha jedd fuq jew interess ft-art 1i glialiha tirreferi r-rizoluzzjoni, \i

l-Kumniissarju jkun jaf bI-ezistenza u bl-identita ta¥liha~

, (1) n,jedd H jigi ricevnt kUJI1p~1;lS gl1al nkkwist maghuml bis-

sahna ta' Hittik~lu 5 tn~ dati l-.Alt (hawnhekk iijed 'il quddiem imsejjah

"Il.Jeddijiet ghal K,umpen~") ghandu ghalHinijiet kolIha tal-ligi. jitqies

lLhu jedd immobbH mltlhabba l-oggt'$tl 1i glialih jirrefed \l jkun trasfe-

ribbli I!lumd il-ligi skon.d kif jaghzel mJlln zl1lien ghal Zl11ien is·sid ta'

dawk il·J tlddijiet ~tial KiHnpel1~.

(2) Kull pU! ipoteka jew ptivn~~gg U qabel ir-rizoluzzjoni tal-

Kamra msemmWI fls-sUbartik/;)lu el) ta S 1,a.f tikolu 3 ta' dan l-Att. kien

jagirava. xl art 'lj t1eunf'Area ghalMzvHupp t:d·Bini. ghandu jkompli

jaggrav~i I-J~~ddmet ghal Kump@,tls 1i :lltriferu glinl dUe I-art, bl-istess

grad Jj sk011d l-istess preccdenz8. kif kienu j~tggravaw l;.ar1.

(1) Meta I-MiniBtru b'ordni Pfi\lbHkat fil-Gazzetta jiddikjara

akkwist~ta mUHJv~rn taUt id-dispM:izzjonijiet ta' l-artikoIu 5 ta'

l1.1·''1.rt

'I

.

'".

.

.

' . .

dan I·Att g.nat1(hattgl trasfe:rita gnall,lzvllupp dak It-trasfenment ghan-

du j!llr Jew favHt I-Awtorita tad.Djar kif prQvdut ft-Att ta' 1-1976 dwar

Att xv ta' 1,1976 l-Awtoridl. tad"Djflt. jew gfiandu jslr b'be:jgh u bil-mod provdut fI-Att ta'

1-1976 dwar it-TrMft:ltiment ta' Artijiet U,l-GYem, u dak it-trasferiment

m'gt'iaudu,,; isif ktlJtlm-il darba dwar dik Hi.r t rma jkunx sar Pjan ghall-

Izviiupp gnttll-:·Hinl mill-Mfnistni, u dak fH~jan gtmll-IZvilupp gnal1-Bini

ma jkuiix'gie appmvat b'riiohinjOIli tal-Ktuma

Iid:l s-subartikQh.1 (2) Ut' l·:rrtikoll1 :~ ta' I-Att ta' 1-1976 dwar

it-Tti.iSferi'ffie~t " ta' Artijict t{\!-Gvet:n ma japplikax: ghal rizoIuzzjoni 1i

t(l:ppf(Wa policy Ii tnpp1ilul, gbal art kif imfSetnmj f'dan I-artikoIu

Hdlt wkQU kemm jista' jkun f'kull policy magnmula skond

I-Att bt S 1-1976 dwar it-Trasfetlm~nt ll.'j,! Praprjetf:!. tal-Gvern ghandu jigi

pn:;vdut !i f'b~igIi maglimul skond dan l·artlkolu. ghandha tinghata

pi:eferetiz~~ li dawk li kitmu g;:~idien t~' Hnt rninnuflh qabel ma' din tkun

giot dikj:rrmta bhala Area. ghtill-IZvilupp tal-Bini~ ghall-akkwist ta' bicca

art Ii fuqha tlnbetHt daf fa' abHazZ!joni biex tkun okknpata minn dak

is-sid.

'

(2) Kull Pjan ghall-IZviIupp tal-Bini msemmi fis-subartikQIu

(l) ta' dan l-artikolu gnandu jipprovdighall-holqien ta' area (hawnhekk

izjed 'il quddiem imsejna "Strixxa tfadra") ta' mhux ingas minn mitt

metru wisa', ma' tul u gewwa l-konfini ta' I-Area ghall-IZvilupp tal-Bini

u ma jista' jitla' ebda bini fuq dik I-Istrixxa tfadra

1Ma ebda Strixxa Hadra ma tkun mentie;ga bejn il-konfini ta'

Area gnall-IZvili.lpp tal-Bini u Area gnaU-IZvilupp tal-Bini ohra, jew bejn

il-konfini ta' Area ghall-Izvilupp tal-Bini u art ghall-bini , jew bejn H-

konfini ta' Area ghall-IZvilupp tal-Bini u xatt il-bahar

1Ma wkoll meta tkun tezisti Strixxa Madra ma' tuI il-konfini ta'

Area ghall-IZvilupp tal-Bini u dil~ I-Area ghall-IZvilupp tal-Bini tigi

estiza fuq art Ii tkun tmiss ' magnh:.l: id-disposlzzjonijiet ta' dan is-sub-

aitikolu ma jkunux japplikaw iktar gnaU-konfini originali ta' I-Area

gtlall-IZvilupp tal-Bini iida gnandhom hekk japplikaw ghall-konfini ta'

I-Area ghall-Izvilupp tal-Bini kif estizi.

(3) Il-prezz 11 bih art f'Area gtlall-IZviIupp tal-Bini ghandha

tinbiegli skond is-subartikolu (1) ta' dan l-artikolu ghandu jigi stabbilit

m ili-Ministru; he1ck izda kemm jista ' jkun il-prezz ghandu jigi stabbilit

bit-tq8ssim ekwu tal-kost ta'l-akk"w13t ta' J-art fl-Area gtlall-IZvilupp tal-

Bini, li mieghu jingnadd kull kumpens li jkollu jitnallas lill-kerrejja

tagtiha, mizjud bi tmienja fiI-mija ghaI kuli sena jew parti minnha li

matulha dik I-art tinzamm mill-Gvern, bejn id-diversi · bieeiet ta' art

offerti gliall-bejgli kif intgaI qabel.

(4) GliaH-finiiiet ta' dan I-artikolu, "sid" dwar art mizmuma

b'enfitewsi jew b'sub-enfitewsi tfisser persuna Ii jkollha I-utili dOininju

jew is-subutili dominju ta' dik I-art u tinkludikull persuna li tilha jigi

t-titlu mingliand is-sid causa mortis,

.

, . 13. Minkejja l-ghoti ta' xi permess jew awtorita talit xi Iigi olira,

Projbizzjoni

b'effett mill-bidu fis-seMi ta' dan I-Aft, ebda persuna ma tista' tibni bini

ta' tvilupp

barra Arei

gdid fug xi art f'Malta li ma tkunx dikjarata bliala Area gliall-Izvilupp

gnall-!tvilupp

tal-Bini skond l-artikolu 3 ta' dan I-Att.

tal-Bini.

lars sufficient for the purpose of identifying the land) in the Registry of

the Land Arbitration Board, and shall cause a copy thereof to be served

through such Board in the manner prescribed by the Code of Orga-

nis"atiori and Civil Procedure on every person, having a right over or an

interest in the land to which the resolution refers. of whose existence

and identity the Commissioner is aware.

11. (1) The right to receive compensation for an acquisition

made in virtue of section 5 of this Act, (hereinafter referred to as

"Compensation Rights") shall for all purposes of law, be deemed to

be an immovable right by reason of the object to which it refers and

shall be transferable according to law at the option of the owner from

time to time of such Compensation Rights.

(2) Any charge, hypothec or privilege which prior to the

resolution of the House referred to in subsection (7) of section 3 of

this Act, attached to any land in a Building Development Area, shall

continue to attach to the Compensation Rights referable to such land.

with the same ranking and priority as they attached to the land.

12. (1) Where the Minister by order published- in the Gazette

declares' that land acquired by the Government under the provisions of

section 5 of this Act shall be disposed of for development such disposal

shall be made either in favour of the Housing Authority as is provided

in the Housing Authority Act, 1976, or shall be made by sale and in

the manner provided for in the Disposal of Government Land Act, 1976,

and such disposal shall not be made unless in respect of such land a

Building Development Plan has been made by the Mininster and such

Building Development Plan has been approved by resolution of the

House

Provided that subsection (2) of section 3 of the Disposal of

Government Land Act, 1976 shall not apply to a resolution approving

a policy applicable to land referred to in this section

Provided further that as far as may be, in any policy made in

accordance with the Disposal of Government Land Act. 1976 providing

for the disposal of such land, provision shall be made that in any sale

made in pursuance of this section. preference shall be given to the

owners of the land immediately prior to its declaration as a Building

Development Area. for the acquisition of a plot of land on which to

build a dwelling house to be occupied by such owner.

(2)

Any Building Development Plan referred to in subsection

(1 )of this section shall provide for the creation of an area (hereinafter

referred to as a "Green Belt") of not less than one hundred metres in

width. along and inside the borders of the Building Development Area

and no buildings may be erected on such Green Belt

Provided that no Green Belt shall be required along the border

betwe.eir a Building Development Area and another Building Develop-

ment Area, or along the border between a Building Development Area

and a building site, or along the border of Building Development Area

and the sea shore

Provided further that where a Green Belt exists along the

border of a Building Development Area and such Building Develop-

ment Area is extended over land adjacent to it, the provislons ' of this

subsection shall no longer apply to the original border of the Building

Development Area but they shall so apply to the border of the Bui1d-

ing Development Area as extended.

(3) The price for which land in a Building Development

Area shall be sold in accordance with subsection (l) of this section shaH

be fixed by the Minister; however as far as may be the price shall be

fixed by the equitable apportionment of the cost of the acquisition of

the land in ' the Building Development Area to which shall be ·adged any

compensation payable to the tenants thereof, increased by eight per

centum for every year or part there of during which such land is retained

by GOvemment, between the various plots offered for sale 'as ·aforesaid.

(4) For the purposes of this section, "owner" in relation to

land held in emphyteusis or sub-emphyteusis means the person holding

the utile dominium or sub-utile dominium of such land and includes

any person deriving title from the owner causa mortis.

13. Notwithstanding the grant of any permit or -authority under

any other law, with effect from the coming into force of this Act, no

development

person may erect a new building on any land in Malta which is not

declared to be a Building Development Area in accordance with section

3 of this Act.

14. Notwithstanding the provisions of section 13 of this Act~ the Minister

Minister, acting in accordance with a policy a,pproved by resolution ·of may

the House, may authorise the erection of buudings on land situate authorise

erection of

outside a Building Development Area in the following cases

(a) on land considered to be a building site in accordance outside

with section 4 of this Act; or

(b) where the building to be constructed will be distant on Areas.

all sides from any building site and from any Building Develop-

ment Area, by not less than one hundred metres and will not

accommodate more than two househoids; or

(c) where the building to be constructed is destined for an

industrial, agricultural, commercial, religious, cultural or philan-

tropic use; or

(d) where an extension of an existing building is intended and

such extension does not increase the number of households that

may be accommodated in such bui1ding to more than two house-

holds; or

(e) where a new building is to be constructed on a site for-

merIy occupied by another building, and the new building wil1 'not

accommodate more households than the buiIding previously

occupying the site, or the new building will not accommodate

more than two households; or

(f) where the building is to be constructed on land having a

frontage on a street and situate between two existing buildings on

the same side of the street and which are not more distant from

each other than 20 metres, or between an existingbuiIding on the

same side of the street and the comer of the same street, andbet.

ween such existing building and the corner there is not a distance

of more than 15 metres.

Provided that the House in approving a policy, shall take into

consideration the environmental, ecological and agricultural require-

ments of Malta.

. ·15. The provisions of section 13 of this Act shall not apply to a

bJilding owned by the Government or by a body corporate established

by law, or to a building the construction of which was commenced

before the fourteenth day of February, 1983, and for which a permit was

still in force on such date in accordance ,with any regulations made

under the Code, or to a building built on a plot of land acquired

from the Housing Authority under the Home Ownership Scheme, or to

a building for the specific construction of which Government land has

been transferred to any person.

Id-disposizzjonij iet ta' l-artikolu 13 ta' dan I-Att ma jappli- Bini ]j ghalih

kawx gnal bini li jkun proprjeta taI-Gvern jew ta' xi korp magnqud ma japplikax

imwaqqaf b'ligi, jew gnaI bini 1i jkun beda jinbena qabeI I-erbatax ta'

Frar, 1983 u li dwaru jkun hemm permess fis-senli f'dik id-data, skond

xi regolamenti magnmula tant il-KodiCi, jew glial bini mtella' fuq bicea

art akkwistata mingliand l-Awtorita tad-Djar talit l-Iskema ta'

Home Ownership, jew gnaI bini li gliall-kostruzzjoni speCifika tiegliu

tkun giet trasferita art tal-Gvern 1i1 xi persuna,

A permit for the erection of any building granted in accord-

ance with the provisions of any regulation made under the Code or an

authorisation given in terms of this Act shall not be transferable

inter vivo,~.

(1) Any person who constructs any building in contraven-

tion of the provisions of this Act shall be guilty of an offence against this

Act and shall be liable on conviction to a fine (multa) of not less than

one hundred Lira Maltija and not more than one thousand Lira Maltija.

(2) The Court shaH moreover, at the demand of the prosecu-

tion, order the offender to demolish any building erected in contraven-

tion of this Act and shall fix a period within which such demolition is

to be carried out, failing which, the Court may authorise the Commis-

sioner to demolish the said building at the expense of the offender.

(3) Where the criminal action referred to in subsections (1)

and (2) of this section cannot be taken against any person by reason of

the death of the offender or any other lawful impediment, or where the

person charged is acquitted of the charge or where the offender is not

known, and the Court is satisfied that a building has been erected in con-

travention of this Act, the Court may at the demand of the prosecution

authorise the Commissioner to demolish the said building even at the

expense of the owner

Provided that the Court shall not so authorise the demolition

of the building without hearing the owner, or if the owner is not known

or is unable to appear, without healing the curators to be appointed in

terms of the Code of Organisation and Civil Procedure to represent such

owner or unknown owner as the case may be .

. (4) Where a person has been found guilty of an offence

against this Act, the Court shall in addition to any other punishment

order the forfeiture in favour of the Government of any building erected

in contravention of this Act and of the tand on which the building was

erected

Provided that where none of the persons found guilty as afore-

said is an absolute owner or co-owner or bare-owner of the land, and the

offender holds it on any other title, the Court shaH order the forfeiture

of such title in favour of the Government.

18, The Minister may make regulations to give better effect to the

provisions of this Act and witholit prejudice to th~ generality of the fore-

going, may by slIch regulations

(a) prescribe the form of any application made or authorisa-

tion given under this Act;

(b) prescribe the documents that shall be presented with any

application under this Act;

(c) prescribe the fees that may be payable for any service that

may be performed under this Act.

Il-Ministru jista' jaglimel regolamenti biex jaghti effett ahjar

id-disposizzjonijiet ta' dan I-Att u bIa lisara ghall-generalitll ta" dak li

ntqaI qabel, jista' b'dawk ir-regolamenti -

(a) jippreskrivi I-forma ta' kull applikazzjoni maglimula jew

awtorizzazzjoni moghtija talit dan I-Att;

(b) jippreskrivi liema dokumenti gliandhom iigu pprezentati

ma' kull applikazzjoni talit dan I-Att;

(6) jippreskrivi d-drittijiet Ii jistghu jithallsu ghal xi servizz Ii

jista' jsir taht dan I-Att.

All planning schemes made in accordance

with the Code

before the coming into force of this Act are revoked

Provided that where in any permit issued before the coming

into force of this Act and still in force on the coming into force of this

Act, reference is made to any limitation of height, alignnment or other

condition according to the planning scheme, such permit shall still be

governed by such conditions, as if such planning scheme had not been

so revoked.

Nothing in this Act contained shall be construed as dispensing -"<tving.

any person from obtaining any permit or authorisation under the provi-

sions of any other law relating to the construction of bUildings.

Passed by the House of Representatives at Sitting No. 89 of the 7th March, 1983.

DANIEL MICALLEF

Speaker

C. MIFSUD

Clerk to the House of Representatives

Ippubblikat mit.Taqsima tat.Tagllrif -

Ka.tilia -

Published by the lri!oi'mntioll Division '-

MitJ:mah fl-Istnmperija tal-Gvern -

Pl'i"ted nl the Gove,.nmenl Printing Presl

Pretz 6c -