AN ACT enacted by the Parliament ATT mahru j\ b'lij\i mill·Parlament of Malta, ta' Malta, AN ACT 10 makr pro~lsIon for thr

S .. pplilmltl w/·GazzeIlP W/·GWTlt IP' MP/w, N,.. , 15,536, 17 W' )PItIItU, /991

T"'1Jimo A.

MAL TA

A 1T Nru. I tI' 1-1992

ACT No, I of 1991

AN ACT enacted by the Parliament

ATT mahru j\ b'lij\i mill·Parlament

of Malta,

ta' Malta,

AN ACT 10 makr pro~lsIon for thr

ATf bin j ipp .... ,,'di ghaU·ippjanar u

jmruija la ' I- ihil upp, ghaj· j",-aqqif la'

planning and managemtnt or dnrlop·

A ""jorita' b '~tghat ghal hr kk u hwrjjrj\

ment, for the establ ishme nt of an au -

thority with powers to th at erred and

U ghandhom x'jaqsmu maghhomjew li

huma ancillari ghalihom.

for matters connected thrrewith or an·

ci liary thereto,

ATT TA' L-1992 DWAR L-IPPJANAR TA' L-IZVILUPP

Seclion 3, Provision s Wilh respect to Authority

Inteqntalion

PART 2: ADM INISTRATION

TIlE PLANNING Am'UORIT'I'

J.

Establisllment of tile Planning Authority

Authority to be body corporate

4.

Pj3l1ijin lokali

SCCliOll 6. i>rovi.ioos Wilh respecllO public offocers detailed

for dUI)' wilh!he Authority

Section 15. J>roceedings before Planning Appeal s Board and

appeal~ lherefrom

(L .S.)

J IMMY F .... RRU(lIA

Acting PrC5idenl

171h Jan uary, 1992

ACT No. I of 1992

AN ACT /0 make provision (Of' /he planning and managcmelll of de·

vdQPfflClIl, (Of'!he e5lab/i$hmenl of an lIU1horily with powers to /hili effecr

and for mlllleB cooncclcfi therewith or IlIICillaty therelO.

BE IT ENACTED b)' the President. by and " 'jlh the advice andoonscnl o f

the HOOK of RCprt'Sefllalivcs. in !his pn:Km Parl iamenlllSKmblc:d, and by

the authority ofllle same. IS follows:-

PART I

PRELIMINARY

(1) This Act may be cited as the ~ye lOpmenl Pl an ninll Act, S .... ,;t\o ....

I.

1992. (2) This Act shall come into force 00 such dale as the Minister

responsible forde" clopmem planning m3Y by noIicc in theGazcuc appoint;

and different dales may be 50 appointed for-different provisions or different

PUrpose$ of thb Act.

"''';0<

2. In this Act. unless the contut O!hetwisc requires:-

"liIct lon plan" has the meaning au igocd \0 il by stCtiOl'l 26 oflhis

Act

"ad,·trl~ment" means <my word.leucr, model, sign, placard,

board, nolice, device or represenlalioo. whether illuminated or not, in the

nalureof and em(}loyed wholly or in pan for lhe purposes of advenisemcnl.

annQUl1(:cmcnl or diTe(: lion. including any boardi ng or simi lar SltUClure

used or lIdaplcd for use for lhe display of oovcni semc nl S

MlId~frtiscmtnl regulll lion order" ~l\fIS an order made under

and for the purposes of sa:tion 49 of thi!! Act;

''lIgene,' of GO"fr omen'" means a body CorporalI' established

by law Booa company in IIo'hich theGnvtmmcrnor such bodycorpo. ate.Of

a oombinat;on ther~'(lf, has a controlling intc,...,,' or which is ~ subsidiary of

such a company

" the AulhO)f'i lyH meanS the Planning Authority establis hed un-

der section 3 of IlK: Act and includes any body or QIho,r ~ IOCting on its

behalf ur1der pow~rs dekgalcd by the AUlhorily under th is Act

" building" indudes any struell .. re or e ,<'Ction and uny part of a

bu i ld i n~. but does 001 include plant or moch inery comprised in a building

" building If,-.'Y" means any chargeorcomrioo1ion levied under

section 41 or 42 of Ihis Act;

" building or " 'urk" indudes waste ma!Crials. refuse and Oilier

mallers deposited on land

" bu i Id i n g o~nlllons" ioc 1 ulles rebuild i IIg opera! ions. :si ruet ural

alterations of or add itions 10 buildings. and OIlier opo:ratioos normally

undenake n by a person carrying on business as a builder;

"oon.'il'r\·~lion orde r " means an order made under and for the

pu rposes o f section 46 o f thi s Act

" 'he Commission" means the [)evdop""'nt Control Commis·

sioo establi$hed under sectioo 13 of this ACI

''t he Commiu«" means lhe Planning Consultati ve Commin<!<'

eSIabl ished under section 12 oflhis ACI

" d Ht lopment" has Ihe meaning assigned 10 it by sU~Iion (2)

of ~tion 30 of lhi s ACI

" dHelopment pu miS.'liOf! " means a pennission 10 carry out

Ikvelopmem granted by the Authorityeilher Of! an applicalion in thal behalf

or in a development order

"dHf lopme nl plans" indudes the Sttu("IU'" plan. subject plans.

local pl~ns and aclioo plans

" dt.-t lopmenl OI'"der" means an order made unoder and for the

purposes of se<:lion 31 of this ACI

" 'h e I)iredor of l'lunning" and " the I)irl'C:tor" mean Ihe Di -

reClor of Planning appointed under section 6 of thi s "ACI and includes any

person acting on his behalf or under his authorily

"fnfQf'(tme nl oulke" hM the meaning assigned 10 i1 by

«<lion S4 of Ih is AC1;

"en Rin«ring opera tions" includes the form~lion Or laying out

tofroads and of mtan~ of access 10 ro;l<!s

"e"«lion" in ",Ialioo 10 buildings. indudese~tension. ahenlion

and re-erectioo

"financial yea r~ means the period of twelve mootlls ending on

3Ol11 SeplcmbrT of any year.

Provided tllal the fin! fin;uJtial year oflhc Authority shall commence

on IIIe com ing inlo force ofthi l ACI and end on the 3Ol11 Scptemhcr ofthc

followi ng year;

"functions" includes re~ponsibil ilies, powers and dulies;

" llInd" includes a building;

" local plan" Iw the meani ng assigned 10 it by section 25

of this Acl;

" m inerals" includes all minerals and substances (including oil

and nalural gas) in or under land of a kind ordinari ly worked for removal

by underground or surface work ing;

" Mini sler" means Ihe Minis ter responsible for development

planning;

-o .. "ner", in relation to any land, means a person wllo in his own

righl or as agem for another penon is entitled to receive tile rent of tile land

or, where the land i. nc)I lel, " 'ould be SO enlitled if il wen: let

Provided that wheTe tile land is subp;,t to usufruct tile expression

"owner" includes the bare owner.

'1 he Planning App~als Hoard ", '1he Appeals H(I8rd" and ' 'the

Boa rd" , mean the Planning Appeals Board establishcd under section 14 0f

this Act;

" prescribed" means prescribed by regulation , rule, order or

other inmumem madeas provided in the provisionsofthi$ Act empowering

the making of any socII instnlmenl;

" public officer " haUhe meaning assigned 10 it by section 124 of

tile Constitution;

'"road" means any lIighway or road, whether public or pri vate,

and includes any street, square, COUrt, alley, lane, bridge, footway, passage

or quay, whether thorougllfare or nc)I;

'"'Kheduled bu ild inlS" and ''Scheduled IrftlII" have the mean ing

assigned to !hem by §cclion 46 and 48 of this ACl, respectively;

"litructu r e pllln" lIas tile meani ng assigned to it by sn:tions .8

and 22 of this Act;

"subjed plan"lIas tile meaning assigned to it by section 24 of

this Act ;

''t ree prnervlllion order " means an order made under and for

tile purposes of §cclion 48 of this Act

'~", in relalion 10 land, does nOl inc lude the U!.e of land by the

carrying out of any building, engineering, mining or 0100 operations

tllereoo.

I'A RT 11

ADMINISTRATION

I. Tht Planning Aut hof"ity

J. ( I) 1lie1l' is hereby established an aurllorily. 10 be know"

as the Planning Authority which shall wnsist ofnotlcss Ihan rhinecn and

not more Ihan fifTeen members. of whom one shall be the Chairman oflhe

Au thority.

Save as hereinafter provided. the ITlI'mben of the Authority

(2)

shall be appointed by the Prime Minister IlJj follo",,'s:~

(a)

five ml'mbers Shall be chosen lrom amongst public

officers performing duties in the mini st ries responsible

for the environment. the infraSIJlJ(lurc. wcial policy,

economic affairs and agriCUlture;

(b) eight members (hereinafter called the "indcpendcm

members") shall be chosen from amongst persoo s of

Imo"'n integrilY and with knowledge of and e~periC1lCe

in mallers rdaling to Oe" elopmenl including commer-

cial or induWial act ivities. or social and community

affairs and environmeRt.

(3) Tt... Iwo other members of the Authority shall be members

of the Ilouse: of Representatives of which onc Shall be appointed by the

Prime Minister and the Olher by the Leader oflhe Opposition

Providc<lthat the Authorit~ shall be properl~ corm;IUlW and

ma~ fUr>Clion IlOIwilhslanding any failure 10 appoint either orboth members

oftl\e Authorit~ under this subsection.

(4 ) The chairman and a deputy chairman oftht' Authorit~ s hall

be chosen b~ llIe Prime Minister from amongSltlle independent members

of the Authority.

(~)

SaYe as provided in subsections (2 ) and (3) oflh is '«<lion.

no person shall be qualified to he appointed as. or remain. a member of the

AuthorilY if he is

a public officer.

(a)

(b) a member, o(fic~r or servant of any agency of lhe

Government.

(c) a member of .he House of RCpre$eTIlalives. or

a member of a local government authority.

(d)

(6) 'nle independent members shall hold office for such period.

being not less Ihan lhl'l:c years. as may be specified in the leuer appointing

them and if I10such period isspecirled shall remain in office for three rem.

In (\elermining such period of office. the Prime Minister shall. lIS far as

praclicable. ensure a ~ of rotation. 1be indepcndent members may

It's;gn by lenc, addressed 10 the Prime Mini ster bul may no! be n:moved

from office e~cepl by a resolution of lhe Home ofRepresemalives on Ihe

grou rid of misconduct or inability 10 perform the duties o f their offi ce.

(7) The Q(bc:r members ofth.e Authori ty shall hold office until

they are replaced by the authority appointing them. and as long as !hey

remain public offICers or members oflhe House. as the case may require.

Mem bers of the I~ouse may also resign fn)n1 office by Icner addressed 10

the authority appointing them.

(8) A person woo has ceased to be a member of !he Authorily

shall if he is OIherwise qualified, be eligible for re·appointment: but 110

perwn shall in the aggregate be I member of the Authority for more than

\.even consecutive years.

(9) The provisions oflhe Fitst Schedu le tothis AClshlll apply

to lhe Authority and regUlate il$ proceedings.

4. ( I) The Authority shall be a body corporate having a di stinct .... ,Il00,,,,,,,,,

legal personal ity and capable. subject only to the provisions of Ihi s Act, of body "."" ...

sueing and be ing sued, of entering into any contract. of acquiring. holding

or disposing of property of any kind both of movable and immovable. and

by or under any title. and of doing any OIlier thing or entering into any

transaction whatsoever.

(2) The legal and judicial represt mution of the Authority shall

vest in thoe Chainnan

Provided that the Authority may appoint any one or more of

its members. or any one or more o rits officers oremployces. to appear in

its name and on its behalf in any judicial proccedingsoron any act, contra.Cl.

instnnnent or other document wllltsoever.

(3) In thoe absence of the chainnan. or ifthechainnan is unable

to perfonn the flillCt ions of his offlC<':. whether under this or any other

prov ision of this Act. the deputy chairman shal l perform t.ho5e functions.

S. (I ) The functions of che Authority shall be the promOlion of

proper land devcioplmnl, both public and private. and the control of such

development in accordance wilh approved polic ies and plans.

(2) For these purposes. and .~UbjecIIO the provisiOlu of this Act.

me Authority shall be ",sporu;ibk for

(I )

the preparalioo and maintenance of the developmeOI

plans Ihat is to say the SINClu", J'lan and the supple ·

mentary planning documents, ;lICluding any OIher

maner ancillary, incide01al or ,,;mducive the",.o

(b) the conduct of consuhalions with Government

departments, private organisations and other per·

sons relating 10 planning.

(3) In lhee~«ul ion of its functions underthis Act. the AllIhoril y

slIall ha,-., and mayexe",ise aJl or anyone or mort of the powers vesled in

it or entrusted 10 it by Ihis Ac1.

(4)

Subject 10 retaining ov erall control and supervi sion. and

otherwise observing the prov isions of thi s Act. lhe Authority may delegate

anyone Of more of its functions or PO""C1'j; under Ihis Act under !lOCh

eonditions as it may deem aJlPfOP"iate.

(5 ) The Authority may al so nen-ise all po .... ~rJ; of control over

developmenl as may from rime to time be delegated to it by any depanmem

or agency ofGov~mmenl .

6. ( I> The Authority shall appoint a Director of Planning. ,,'110

shall be the chid execurive of the Authority. and sU(h OIherofficers and

employ~s as the Authority m&y from time to timedecm ~ssary 10 carry

oot its functions under this ACt. 1lle Di rector. or hi~ re presentative. shall

be entitled to be present at all meetings of the Authori ty and of the

Development Control Commi b ion .

(2) The Authority shall also appoint OAt of it s officers to act as

secretary of the Authority.

(J) The officers 3Ild employees of the Authority shall ~ ap-

pointed on such tenns and conditionS as !he Authority. ".'Iy from 1Ir~ 10

time. after consultation .... ith the offic~ of the Pri me MInister. detennHlI:.

(4) 11le Prime Minister may, allhc requc~1 of the Authority.

di~1 that any public officer- s llall be detailed fOf dUI) with tile Aulhority

in such capacity and with effect from such date as may be speci fied in the

order: and in any such case the provisions of!hc Seoond Schedule [olh;s Act

shall have effect wilh respecllo any public officer so detailed.

(5 ) The Authority may, wilh the approval of the Pri me Minister.

offer to any public officer detai led for dUly wilh the Authority under 'h is

$«1.ion pennaroenl employment with the Authority al a remuneration and 011

[emlS and conditions specirled in the offer.

(6) Every public officer who accepts permenenl employmen t

wi th the Authority offered 10 him under this section shall, for all

purposes olher \han those of the Penlioos Ordinance •• ,;use 10 be in the

IICrvi« of the Government and Shall enter inlO servltt with the

Authority willl effect from the date of his acceptance o f the offer, or

such later date agreed between him and the Au thorit~ : and for the

purposes of the s.aid O rdinance service with the A"'lhorit~ '!hall be

deemed to be se rvice with the Government within the mcaning thereof.

7. (l ) The Authority shall be endowed ... ·ith an initial capital

of five hundred thousand Malta poIInd~ which shaH be p.a.id by the

Government OUt of the Consolidated Fund. without further appropriation

other than this Act. by warrant under the hand of tile Minister respon sible

for finance authorising the Accountant General to make the payment.

(2) Thereafter the Authority shall be paid OUt of the Consoli-

dated Fund such sums 35 the House of Reprc5Cntatives may approve .

(3) The Authorit~ shall cause to be prepared in each finan,ial

year. and shall n.ot later than si~ ... ·ccls after the end 0( such year. adopt

esti mates of tile income and e ~pI"1'Iditurc of the Authority for the ne~t

following fioancial year

I"rovided that . in respt"Ct of !he first financial year. the

Authority Shall prepare and adopI estimates not: later than tv.'f:lve v.'f:Cls

from the comi ng into fon:e of this Act.

(4) The estimates shall be made in such form and sllall contain

such information and soch comparisons with poevious estimates as the

Minister may direct

(5) A copy of tile estimates of the Authority sllall. l,lpon !heir

adoption by the Authority. be sent fonhwith to the Min ister.

(6) The Mini ... er sha ll. at the eilI1iesl opponunity and nOt lalcr

than eight weeks aner he has n-c~i ved a cop)' of file el;limale5 of fhe

Authority. or. if al any time the House of RcprestTllatives ;s !lOt in session.

wichin eight we~k$ from the beginn ing urIne nc~1 follo"';ng sessi<:>n. cause

well eSlimates to be laid before the House togcdlCr wit h a motion Ihal the

House aPllrovc tile s.ai d ~slimates. One .ining day shall be al lotted fIH lire

debate in the Uouseon such motion: and both the moIiOn and the approval

of the eStima les by the .I (!use may be wilh or withoul amendment 10 the

estimates.

(7) No e~pcnditul'l: shall be incurred by the Authori ty lhal has

001 bet>n approved by IhI: House of Repr1'senlatives

Provided Ihat

(a)

untlllhe expiration of six months from the beginning

of a financial year or umil tile aJlPlU"al of thc estimates

forthll year. the Authorit y may mak e or iocur expcndi-

lUn: ror carrying out its fUllCtions under th is Act nOl

c~cc<:ding

in the aggregate one hulf of the amoont

approved for the pK>(;~-d ing finJncial ~car

(b) npcnditure a [lflfO~ed in respect of a helld or sub- head

oftheWimates may. with the approval of the Minister.

be ineurred in respttt of anochcr head or sub-head of

the cSlim~ tes

(cl

if in respect of illly financial year il is fO\lnd that the

amounl approved by the House is not sufficient. or if

a need has arisen for e ~pend i1Ure ror n purpose noc

provided for in the eSlimales. the Authority may adopc

supplementnry estimates for approval by the I~ouse

and. pending Such approval. bul ~ubject 10 its being

gi ven. the Authorit y may in speci al cin:um~tances and

with the approval of the Minis ter. incur the rel at ive

expendi ture; and the provisions oflhis ACI applicable

to the estimates shalt . as near as practicable. apply to

the supplementary estimates

Pmvitkd runher that in respect of the firsl financial year of

tile Authority. this sub-~Iion shall apply as if the total c~penditure tlulI

may he made or incurred by the Authorit y unlil the approval Orthe eSlimate~

for thal year by the House n..aynot CACeed~ half ofthe amounl sho .... n in

such estimates.

(8)

All estimate s and supplementary estimates approved by the

~t ouse shalt. as soon as practicab le. be publ ished in the Gazette.

8. (I) The Authority sh~JI ca ... se IQ 1Jo, kepi proper book s of

accoom and Oilier n:cords in n:Spel:l ofilsoperarions and shall Cau~ IQ be

prepared a statemem o f a<XOUn lS in respect of each financial year.

(2) The a/;coonlS of rhe Aullloriry shall be audited by an audilQr

or auditors!O be appointed by il and approved by the Min ister

Provided that the Minister responsible for finance may

require the books and other records of the Authority IQ be audited or

examined by the Oi re(lorof Audit ""ho ~hall for Ihis purpose have PO""~T

IOcarry our such physical checking andOlM verir.calions. and may require

such information. as he may deem necessary.

(3) After 1M!'11d of each financial year. at the same rime:. as a

copy of the esti mates of rhe Authority is fOl'Wardcd 10 the Minister under

section 7 of this Act. the Authority shall cause a copy of the slatement of

accoonrs duly audited to be 1l1l11smill ed 10 the Mi nister together .... ith a copy

of any repon made by the audit or or audiu.>rS on Ihal SlalemC1l1 or on the

accounts o f the Authurily.

(4) The Minb tcrshall ca use a copyofeverysuch Slatcme nt and

repon 10 be laid befo«: the Ho use of Rcprei!Cntatives together .... ith the

motion laid before tile House under the said section 7.

9. ( I ) The Authority shall . not late r than si;>; .... eeks after the cnd of

each financial year. make and transmit to !he Minister a "'port of ils

activities during that year. containi ng 5UCh information relating to the

fUlICli"", and 10 !he proceedings o f the Authority as the Min ister may from

time to time requi re.

(2) l1Ic Minister shall cause a oopyof every such repon to be

la id o n the Table of the Hou!iC o f Re pl"cscntiltives withi n two weeu. or .

if at any lime the Ho u!iC of ReprcscntativC5 is not in session. with in twO

weeks from the beginning of (he r>C1t following senion.

10. Except wi th the approval of the Minister granted for speci al

reasons. the Authority shall not cnter into any contract for the supply of

goods or materi al o r for the execution o f work Or for the renderin g of

services. to or for the benelit o f the Authority. which is estimated by the

Authorit y to involve an expenditure exceeding live thousand liri. e;>;cept

after notice of tile inte nt ion of (he AUlhority to e nter into such con tract has

been publisllcd and competit ive lenders have been issued .

1 I. The AUlhority shall be e~empl from any liability for lhe pay_

menl of any tu on income or dUly on doculTlCflts for !he lime being

in fon:e in Ma lta.

2. Th~ l'l~ nn ing ConsuilaliH Commiltec

12. . (1) Tllere shall be a comm ittee. to be Irno"'n as 100 Planning

Consuhat;ve Commin«, coru;iSling of such number of pel'S()ns as may

from limelO lime be appoimed by the !"rime Minister after consuhations

with such organisations re~nuuiveof various as~!Sof life in Malla

as he may dttm appropriale. 'The Prime Ministe. shall also appoint the

chairman of .he Commiuee.

(2) llle functions of the Comminee shal l be 10 advise the

Government and tile Authority on any policy or proposal contailled in a

development pl an on which its advice may be SQtIgltl or 10 which the

commillee believes the allcnlion of the Government or o f the Authority

ooghl \0 be drawn.

(3) The Comminee sllall mec'I as frequenlly as may be neces-

sary, bm in no case less freq uemly Ihan foun imes in ally calender yc...-; and

subject 10 (he fOfegoing prov isions. the Conuniuee may regulate its own

proceedings.

(4) 11le adminislral;ve and technical support. as ,"'ell as any

funds, required by the Comminee shall be provided by t~ Authority oot of

its own n:SOIJrces.

J . The ne.·d opment Control Commi!iSion

13. Then: 611all be a commission. to be known lI!i the

(I)

[)ev~ lopment Control Commission. which shall consist of

a chainnan appointed by tile Prime Mi!!iMer from

(a)

amongst tile members of the Authority

(b) thn:e perwns appoin ted by the Authority from among

its members . and

thre~ OIlier perso .. " appointed by the Prime Mini st~r.

(c)

of whom one at least shall be a member of the

Plan!!ing Consultative Commi ttee.

(2) The (ufIClions of the COfllm ission Shall be such of the

functions of the Authori ty with respect IQ development control , including

enforcement. lI!i the Authorily may from time to time dclegutc to il and

lWJuin: illo perform. subject to such conditions as the Authority ma y deem

appropriat~.

(3) The decisions of thcCommi ss ion iocluding any develop·

menl pennissioo issued by it. shall be deemed 10 be. and shall hav e tile same

forttand ~rrect as tile decisions of the AuthorilY. c~cCpt in rc.spec l

of matters which tbe Authority e~J1fe'sly reseT'les 10 itse lf or requires

10 be refe...w 10 il for determinatioo. lInd lhe upre!lsion ··decision of the

it appears in this Act. shall be construed

Aut~l y"

whcre~er

accordingly.

(4) The dcciiions of lheCommiuiOll shall only be binding if

they arc support~'(\ by the VOles of noIleSli than foororils members; and they

shall be publisllcd as soon as practicable after the meeting at which IIle)' are

IlIken.

(5) The mretings of tile Commission shall be open 10 the

public subject 10 the po ... ·cr of [hr; Commission locltcludc any member of

the public if i, deems it necessary SO \0 00 for tile maimenance of order.

Furthermore the participation of the public on any maneT under considera-

tion by [he Com miss ion shall onl y be allowed al lhe discretion of the

Commission and. if so Te<:tuircd by it, subjec t !O prior .rmngemcnIS.

(6) Subject to the foregoi ng provisioo~, and IQ llOy rules that

may be prescribed by the Authority. the Conunission may regulate its own

procedures.

(7) The staff of the Commission shall consist of officcl1l and

employees of the Authority detailed 10 $Crvie<: the Commission: and the

Aulhorily shall f",1 hoer prav;&, rh/, Commission, OUI of i15 OWII resources,

witb such OIher suppon as Ih/, Commissioo may reasonably require loearry

OU t ;[5 fuoc[ions.

4. The PJannilli Appeals Bo.nI

14. (1 ) There shall be I board, to be known as the Plallni ng

Appeals Board, consisting of a lawyer. who shall preside. a perwn

versed in planning and another person each of whom shall be appointw

by the Preside nt .

(2) The Pnsident may also appoint pallels of members arid

in such ease the composition of the Board for any onc or more appeals 10

be heard by i. shall be the responsibility of the ~rctary 10 the Board who

shall. as far as is practicable, determine such oomposilion on the basis of

rot ation.

(3) A member of the Board shall be disqualified from hearing

an appeal in such circumsta~s as would disqualify ajudge in a civ il ~uit

and in any such c~ the members s hall be substituted either by another

perwn appointed for lhe purpose by the l'Te!;ident or chn=1 from the

appropriate panel so appointed.

The Appeal. Bnard shall have jurisdiclion 10

IS.

(I)

(a) 10 h/,;l1 and determine all appeals made by a person

aggrieved by any decision of the Planning

Authority on any mal1erof de"elopmen( control.

iocluding (he enforcement of soch control

(b) (0 determine maners referred to it under Sl'Ction 27

of this Act

(c)

to make I1!COOImendalions and give advice 10 tile Cabinet

OI1llf1yocvcloprlll'nl pnlpO'.I:S<Il by any dc~menl or ageocy

of Government where tlie depanmenl or agency has chal -

lenged the decision of lhe Authorit y in respt:ct of such

proposal.

(2) The decisioos of the Board shall be final except wilh

re5pec'1LO points of law decided by the Board from which an appeal 10 the

Coun of Appeal shall lic.

(3) The decisions of the Board shall be binding if they are

suppor1oo by theopinion on .... o of its members. and th.edis~nling membl.'r.

if any. may express his opinion separately: and all decisions of lile Board

shall be d<.'livered in public and ~hall be publi shed as soon as prncticabk

after [hoe sining at whic h Ihey Ire given.

(4) Advance noIicc of no! less than founcen days shalt be

given of the: meetings of the Board in such manner as [hoe Board may deem

al,,~opo i.ut or as may be ~scribed under section 60 of Ihis Act and an

inlcresled pan)' woo has expre$sed the intention of mak ing representations

sllall be invited 10 do!lO.

(5) The siu ingsofthe Board shall beopen 10 the public. subjecl

10 lhe power of the Board lOexclude any mcmbcrofthe public ifit deems

il necessary so 10 do for tile maintenance of order.

(6) 11>e Board may require any dcpan ll'K'nt or agency of the

Govemll1C11t to provide the Board with soch infonnation or advice as the

Board may deem IlO!CeSSal)' for the proper execution of its fUllClioos.

(7) The Board shall have an independent administrative secre·

tari~t consisting of a ~rctary !() the Board and such OIhcr ofrlCen or

employees as may be nt'Cessary for a prompt and efficient dctennination of

the mallers within its jurisdiction. The secretariat .~hall be chosen alld

appoinled by the Board.

(S) Without ~judice to the provisions of subseelion (7) of

thiS section. the fullds required by the Board for the perfonnance of its

fUllCtions shall be provided by the AuthorilY.

(9) Subject to tile above and 10 sectioo 37 ofthi s Act. appeals

to the Board and the conduct of the bIlsioess of the Board Shall be made in

accordance wilh the rules contained in the Third Sched ule 10 thi s Act; and

in the absence of such ru les on any maner. lhe Board may regulate ilsown

procedure.

(10) Appeals to theCourt of Appeal fromded~ioos oflhe Board

as provided in subsectioo (1) of this section shall be made wilhin fiftel:n

days from the day the deci sion is delivered in public; alld such appeal s sha ll

be regu lated by rules of coun made under section 29 of lhe Code 0(

Organisalion and Civil Procedure.

5. Commo" l'rO"isiollS

16. For the purposesofthcCrimillal Code ~"d orallY prov ision of

law, the memben of the Authority and

ome.-

a P'="aI MtuJ"l' in any

of any eonllllinee, board. commission or OIhcr body Clltabl ished by this

Act, and every officer or employcethcrrof. sha ll he deemed tobe and be

treated as a public officer.

17. The " ames of all the rnembeo ofllle Authori ly. arKI of any

comminee. board . commission or other body c$l.ablished by this Act.

illCluding thl: p;lncls from which the Appeals Board is conSliluH:d . and:my

oilier change in such mcmbeohip, shall be published inthc Gaulle.

PART In

DEVELOPMI-: NT PLANNING

1. The Strucl ure Plan

18. ( I) The Authority shall prepare a structu re plan arKI shall nOl

latcr Ihan onc: year from the coming ;nlo fon;e of lhis An subm il it 10 the

Govemmem for consideration and approval as provided in the followin8

provi sions of this Pan of th is Act .

( 2) The structure plan sha ll be a wrinen sta tement ill ustrated

by diagrams as necessary and accompanied by an e~planatory memo ran-

dum givi ng a rel\SOllotd justifIcation for each of the polieiCll and proposals

contained in the plan.

(3) The Authority shall monitorthc Slruclure plan and review

it as often as m~y be: ne.:essary. provided such review does not have effect

less fJ"l'queml y than every two yeal'li . Every such review Shall be made and

tue effect as p«lvided in the following pro~is ions of this Pan of th is Act.

(4) For the prepantion or review of the structure plan the

A ul horit y shall CBlT)' OU t su ,,"'ey s oft 00se mauelli wh ich affect the cl\aracter

and quality of the cn~il'Ql1mcnt, its conse",ation and its de" elopment,

includi ng. but nOl limited 10

the siu. composition and di stribution of IlK: popu.

(al

lation;

(b) ! he agricultural. ind uSlrial. com merei al. lourlSlic and

ot her economic DCtivities of the country including

the employment pallems arising therefmm;

(c)

leisure and rKreation;

social and community services and facilit ies;

(d )

(el

communica1ions. traffic and tran spon;

(I)

public utility services

(g) the conservation and pr>:servDtion of natural arKI

mlll1-ma& resources

such olher mancfS as may be requiml by the

(h)

Go~cmement or whid'! may bedeemed necessary by

the Authority.

(5) In ",,"paring Of reviewing !he &truetllre plan, the Authority

shall have regard to

(a) the current economic policies affecting develop-

ment

(b) the policies of the Government with respect 10 the

maners sel out in subs«:tion (4) of this section;

the resoun;es likely 10 be available for !he imple-

(c)

mentation of the plan.

(6) Duri r\i the preparation or rev iew of the structure plan the

Authority ~hall make known 10 lhcpublic tile malic'" it intends to take into

C()Ilsidenllion and 51u111 provide ~ua1e opportunities for individuals and

organisations 10 make representations to !he Authority.

(7) In (lie preparaTion of the structure plan !he Authority may

take over or adopI any surveys or other won. carried out or done in the

prepanuion ofa $Ill1Cture plan under the Building Permits (femporary

Provisions. Act) ]988 I'l:pcaled by this ACt.

19. (I) When the SUUClure plan or I. ",view lherrof has been

compleled. thc Alltbority shall publish the plan together with a statement

of the representations it has received and the ~spooses it has made to those

rcprcscntal i OIlS.

(2) The Authority shall invite representat ions on the plan to be

submiued 10 it within . specified period of nOf less than six weeks.

20. (I) 111<: SlJ"\IoCture plan. or any review themJf. tOJether with

all ~tations made to the Authority. shal l. as soon as pnteti c-

able after the upiation of the period specified under subsection (2)

ofse<:ti on 19 of!his Ac!. becoru;idered by an Asscssmem Panel consisting

of

an irKkpender\1 chairman.

a member of the Authority. and

a member of!he Appeals Board.

appointed for tile purpose by the Prime MinistCT.

(2) The Assesirllent Panel shall make recommc:ndalions as to

whether the plan should be approved • ..,hether in whole or in part. with or

without modirl(1ltionsor cOftditions.or whether il should be referred back

10 the Authority.

(3) For the purposes of illl deliberations the Panel may call for

evidence from the Authority. from depanmenlS or agencies ofGovemment

and other inlereSled panies; and may also. ifil considers any maller under

consideration 10 be of sufficient public inleresl. hear any of the ev idence

aforesaid in public.

(4) The TKOmmend.ations ofthc Panel shall be forwarded to

the Minisler and shallthereupoo be publi shed.

21. Where the structure plan, or any n:~icw lherrof. has been ... - . ....

referred back lolhc Aulhoriry.lhe same procedUIl: as far as practicable "'.n .... i>

$hall befoliowcd with respecllo anyfunhcr draft prepared and published ~

by the AUThority. e~ccpl that reference back to the Authority shall nol

be made more than on<:c.

22. (I) Al1herondusion of the proccdurtSstl OUt in tile forego-

ing provisions. the structure plan. and any review 1hctt:cl . .I.h.aI1 be consid-

eredby IhcCabinellOgClhcrwith the m:ommendliliOll$oflhcAMC5Smcnl

Panel and the re~semalioos made with Il:Specl 10 \he plan or itS review.

TIle M inistershall then cause .he stfllClUre plan or a review

(2)

!Ilereof as originally prepared. or as revised. by the Auloorily .logeltJ.cr with

tile recommeooalionsoflhe Assessment Pm'lcl,IO be laid before the House

toge ther with a motion for a resolution thallhe slruclure plan be approved

by the House. wilh such amendments. if any, as may be specified in the

resolution.

(3) 11'Ie 5UUcture plan and any review thereof as approv~d by

the House shall hav~ ~ffect as from such dat~ as may be specified for lIIat

purpose by the Minister by order in the Gazene; and fortbe pwpose:s of this

Act. other than those provisions relative to Ihc ~paration. consideration

and submissk.n of tile structure plan or its review, thee.~prcssion SlructUK

plan and any rderence to a review thereof mean~ the structure plan. and any

,..,vi~w thereof. as approve<! by the House of Representatives

Provided thal if al the date of commencement of this Act

lhere is a structure plan ~pared under the Building Permits (TemJXlmry

Provisions) A~I 1988 and approved by the lloosc of Representatives. ~uch

mUClure plan. as 50 approved. shall be the SlruCtun: plan. and shall be

treated as if it wen: the SlruC1ure plan prepared by the Authority under Ihis

Act. for all the purposes thereof. and as if all the provisions of this Act

relative to the prepanuion. consideration and subm ission of the slruCture

pl an had becn compli~d with.

2. Subject P1 pns, t ou l I' lans and Action Plans.

23. Where the Authority considers Ihat for the p<Op"r and effective

ITUlnagement of development ;t is necessary to prepare more detailed

proposals than can be appropriately embodied in the structure plan. the

Authority may prepare such subsidiary plans. that is 10 say subjecl plans.

local plans and action plans. as appears 10 1110 be necessary.

24. (I) A subj«t plan is a plnn which deals with a polieyormaller

which is contained in the structure plan but which requim; for ils imple-

r1)('ntation a more detailed specification than is contained in lhe structure

pl~ .

(2)

A subjecl plan shall consiSlof. wrinen SUllCment supported

by sueh maps and di.gnms as ImY be oonsidered necessary

(J) Except as OIherwise sUI ted in the plan. asubject plan shall

apply 10 all relevant areas of Ihe structure plan. whether or IlOl such areas

are also covered by a IQCal or an actiOfl plan.

25. (1) A local plan isone which is mll<k by the Authority for any

area ".,here the Authority oonsider.< that the TalC of devel~cnl or

re.devdopmem cannot be SBlisfacwrily managed. or where 511«111 faclOf'!l

cannot be taken into occoun l solely OIl the basis of the slrOClure plan.

(1) A local plan shall COIlsiS! of a map or maps Qf a suitable

so:a1c supported by a wrillen S1alemen! and by such diagrams as may be

....,..".

26. (1)

An action plan is made by the Authority for an area " 'here

a depanmerll or an agency of the Go~emmenl inlend$lo carry OUt. or cause

to be carried OUt by agn:cmcnt wilh the privlIle developer. substantial

devdopmcnt 011 i1$ own land 01'011 land il intends 10 acquire by agreement

or by compulsory purchase.

An action plan may form pan. or be the whole of, a local

(1)

plan.

(3) In addition to the information required 10 be contained in

a local plan, an action plan shall also show lhe land which i.s in publ!c

ownership and lhe land which is imemled to be brought mto publIC

ownership.

27. ( I) In the fRparatiOll of a subsid iary plan the ptocedure set

out in sub$eclion (6)of sectiOll 18 and in sections 19 and 20 of this ACl with

respect [0 the structure plan shall be followed with reSpttl to the subsidiary

plan subject to the following provisions of this section.

(2) Wherenothing in the subsidiary planeXlends lhe scopcof

or is in conOict wilh the substance of lhe structure plan. Ihe plan need nOI

be assessed by the Assessment Panel and the Autllority may IIdopt the plan,

and the plan shall thereupon become opemtive, without reference 10 tile

GoverttlT"le01.

(3 ) In any other ~ase. the subsidiary plan. or s uch part tllereof

which extendsthc $COpCoforis ;n connict w;11I the structure plan. sllall be

trealed as if i, were .. revisioo of the struelUre plan , and shall be assessed,

considered and approved accordi ngly.

(4 ) 'The Authority may submit for assell..\ mcm any number of

plans. or revisions ~. Illi it dttms oonvcnicnt.

(5 )

If doubt arises as to wh ich procedure should be

followed in respect of a subsid iary plan the maner may be referred

by the Mini ster 10 the Appeal s Board and lhe decision of lheBoard

$hall be final

Provided Ihal. I rdermce 10 the Board uOOer thi s section

may noI. be made if a year has elapsed since the adoption of the plan by the

Authority.

28 . ( I) EYf:ty subsidiary plan shall be reviewed as freque ntly as M .. ""'o/

may be neoessary, blll in noc:ase less frequently tha n e very IWO yursnr ....-, ... y pi ...

as may be made n-ecess.ary by a reviewof the structure plan .

(2)

Whereas . resullof such a review IheAulhori,y proposes

loaller D plllll in any signifICant respect, or where it is ~tlllu a plan

be withdTllWIl, any such proposal ~hall be subject to the same procedu=.

and shall be treated. as a new plan. Minor modification s not affecting the

~ubl;laoce of tile plan may be carried out by the Authority in lICCOn:lance

with such procedure. as it may establ ish.

29. (I) lfal any time or for any location I structure plan is not in S .. ''111-

force ordoes!lOt e~isl. the Authority may prepare a subsidiary plan oorplans • .~­

but any such plan shall only become operative if it is pre~d and approved

in the same manner as a structure plan or. if. structure plan is in operation.

the subsidiary plan may be adopted by the Authority as bein g within its

scope and not in oonnict therewith.

(2) Wilhout prejudice to the pro~isions of section 63 of this

Act. pending the preparation and appro~al of the structure plan. or, if a

structure plan made under the Building ~nnits (TcmporMy Pro~isions)

Act 1988 is in force. pending the prepanuion and adopIion or appro~aJ of

subsidiary plans. the AutOOrity may adopt any subsidiary plans prepMed

under the Act aforesaid and in (0= at thecommencemenlof this Act; and

upon such adoption such subsidiary plans shall be treated as plans of the

Authority appTQved as required by thi s Act.

PART IV

DEVE LOPM ENT CONTROL.

I. RNjulrement of permissio n to denlop land.

30. ( I) Suhjottl 10 the provisions of tllis s«lion and \0 the

following provisions of Ihis Pan of this Act. no development shal l be

carned OUI after Ihe comi ng imo fOKC of Ihis Act except wilh tile

pennission of [hoe Authority. in this Act refe~ 10 as developlm'nt

pennission.

(2)

For Ihe purposes of this section , and, unle$S the oonlext

otherwise requires, for 1111 OIher purpo&cs of this Act, Mdevelopmcnl" means

the carryin, DuI of building. engineeri ng, mining orolher operations for

construct ion. demolition or aherations in . on over Of unde r any land or

tbe maki ng of any material changeof U:Ie of land or building other th an

(a) main tenance operations;

internal alterations 10 a building " 'hich do no! afft"C1

(b)

the external coofigunllion or appeal1UlCc .hereof and

comply with any regulations made under section 60

of th is Act

lhe u~ ofland foragricullure.animaJ husb.lndry and

(c)

forestry (including afforestation).cxccpt ... ·here such

use: tOllllist5 in the erection of buildings or amountS

to intensive raising of crops or animals;

(d)

in thoe caseofbu ildingsorotMr land that ate u$Cd for

a purpose of lIOyclan s~ified in an ordermade by

thl- Authority under this ACt. the use thoereof for any

other purpose of the same class.

For the purposes of this section

(3)

(a)

thoe use of a building resulting in an increase or a

redU(tion of the number of dwelling units in --:hich

the building was previously used; or

(b) thoe tkpo!iit 01 refuse or w&Ste materials on land; or

the use for the di splay of ~dvertisc:mems of any

(c)

ex ternal part of a building that i~ not nonnall y used

for that purpose.

involves a material cllange in the usc: o f tllat building. or pan the~f.

without prejudice. in the case of advertisemems. to any I"l:gulation ~ made

under this Act with re~pect to their control.

3 1. (I) The Authority m~y mate orders A'gulatingdevclopmcm.

or lII1y &S~I thoereof. in sU(h ci!\'um,tDIKt'S and under such condilions as

may be specified inlhe order. being deve lo pment within the scope of. alld

in cooflicl with. !he proposals cOfll1lined in the 511'\1CWr\: plan.

no(

(2) A. development order 51ulll be published in lhe Ga/.etle and

shall ha~e effect from the dale spe<:ifted or indicaled therein.

The provisiolls of subsel;tion (5) of5eClion 27 orlllis Act

(3)

sh~JI apply 10 a development order as IOOY apply to subsidiary plans.

32. (I) Any pel'S(M1 wi shing 10 carry ()Ut development, rIOt being Appli<at_

development for which perm ission is given in a development o rder and 10 r .. ",,,,-,,,

be came<! ()UI in accon:Iance with lheprovisions !hereof, shall apply 10 !he ~,-

Authority fordevclopmenl permission, in such manneT. on such form and

giving such informalion as lhe Authori ty may prescribe.

(2)

Any pc:BOI1I11 I), alliO apply 10 the Authority for a determi·

nation as 10 whether 11 proposal cons.ilules development and requ ires

developlmnt pennission.

()

An appJicam for dcvelopmen\ permission shall certify 10

the Authority!hat he is the o.....-.erof the sile or that he has rl(l(ificd the Owner

of his inlenlion to apply by n:gislcmi leller of which 11 cop)' has been

rueived by the AUllJQrily .

(4) The AUlhorily Jh.all. allhe eJlpense of the applicant. cause

lh.e proposal and lhe name ofan applicant tobe publi shed in d~ local press

Md IIdvenised by a notice on lhe sile.

JJ. (I) In determining an application the AUlhoril~ ~hall have o. .. lopm<nt

regard 10 thedevelopme111 pl ans. lo representations made in response to lhe "," ... I .. ion>

publicauon oflhc JIIUIXlW and lOanyothermatcrial consider.uion. including

aestnelic. !WIilary and other cOIl$iderations.

(2) The AUlhorilY shall have power 10 gl'Vll or 10 refU!ie a

developmenl permi ssion. and in granling it may impose any condilion it

may deem appropriale; but IIH: AUlhority shall give rc,5()IlS for its refusal

or for any condiTions imposed by iL

A development permission may be gramed for a limited

(3)

period or in perpcrui ly. bul shall in all Ca5CS cnse 10 be operative if it is n01

acted upon within Iwclve months of its issue or if. having been so acted

upon. works are noI pursued with due diligence.

(4) E~cept u may be OIhcrwise provided in lhe permission. a

developmenl pcnnission shall enure for the be~fil oflhe land and for all

persoos for the time being interested therein. bill ""ilhoul prejudice 10 lhe

Olher provisions of this Act affecting its validit~ or operalion.

34. (1) In any case in which the Authorit~ ma~ under thili Ac!

granl permission 10 dcw:lop land it ma y gran t permission for the PfO'""_

relcnUo n 011 land of any buildings or works constructed or carried out

lhereon. o r for the con tinuance of any use of land. witltoot permission

under this Act or afler Sf.ICh pcnniss>on ha$ ceased to be valid or

operative; and references in Ihis Act 10 pennission 10 dew:1op land or

carry oul an y development on land. and 10 applicatiorl5 for ,",ch

perm ission. shall be conSlrued accordingly

Provided that pennission ulldcr th is subscrlion shalt no! be

granted c~cepl on an application for such permission and unless the

applicant or hi s predeccSSOf in title IIas

(a)

fonhwith upon being required S(l to do. ceased 10

carry OUt any works he was required to interrupt; and

(b) paid such finesormade soch CHhcrpayments as may

be due by reason of any offeoce against this Ac!.

(2) A po-nniS$ioo under this ~l iorl may be granted $(I as 10

take effect from the date 00 "'hieh the buildings or works WCre con-

structed or earn ed OUt or the use ... ·as commenced. or from the date the

...

development permission ceased 10 be valid or operlltive. as the case may

(3) A development penni ssion may specify ,he purposes for

which a building may be used: and if no purpose i~ spec ified lhe pelTTliss ion

shall be con strued as including pennission 10 use .he building for the

purpose for ""hid,;1 is designed.

(4) Where a developmem permi ssion i~ given for a limiled

period only. IIOIhing in Ihis ACI sllall be conslrued as requiring pennission

[0 be obtained IhereuJldr:r for lhe resu mpl ioll . al Ihe t~pira[ion of Ihat

period. of the use of the land for Ihc purpose for which it .... 'as nonnally used

before \he pennission was gl1lIltcd; 001 no account shall be taken of any use

matk in comrll.yention of [his ACI.

35. The Authority lihal1 t eep and mal1e ayai lable for public

insp«Iion 3 1 such reasooable times as il may dclennine . a register or

registers

(a)

of all appl icalions for deYelopment pennission re-

ccivedby il containing the nameof theappl icant and

detail s of the proposal: and

(b) of all de<:i sion s made on such applications.

36. (I) The Authorit y shall mate a decision on any application

IlOl later than eight .... 'cc: ks ancr il has received Ihe application dul y

rn.ade: and. in default penn iss ion shalt be deemed to have been refused

unless tM applicant has agreed in wriling to an e~tension orcxtcnsions of

lhe period aforesa id. in which case lhe period so extended sllall. for the

pU!'p0Se5 of thi s section replace the period of eight ... -eeks.

(2) l>iOl"'it h.slanding the foregoing provisions of this

section. wh.ere the Authorily h s. within the said period of eight wee ks.

informed the appl ic1II11 tllal the appl ication requires or calls for 1111

environmental impact assessmenl. ... ·he[m under the Em'ironment

~" 1«>. V <>I 109' Prolection Act. 1991 . or because of any other req uirement or reason. lhe

s.aid period o f eight wec k5 shall commence to run for the pUlpOSCS of

subsedion ( I) of thi s section from the dale on whic h lhe Authorily has

received the assessment

'-.

37. ( I) If an applicant considers Ihal conditions imposed upon a

devclopmcnl permission. or a rdus.al of weh a permi~~ion. i .• unll'a<;QOable ""'i ..... ,,(

he may, wi!hout prejudice 10 his riglll of appeal , requeSt lhe Authority to

reconsider its decision or may lodge an appeal with the Appeals Board

under se<:tion 14 o f this Act.

(2) An appeal under thi s se<:tion mUSI be made with in

twenty-eight days of the receipt oflhe decision o f the AUlhorily or of the

dale on which, by vinue Ofsec1ioo 360fthis ACI. the Authority is deemed

to have n:fuscd permi ssion

Prov ided that. when: lhe AUlhority is requesled to recon·

sider its decision. and 5UCh requeSl is made wilhin fQluteen days after lhe

receipl o fthedecision oflhe Authorily, the said period oflwenty-eigll l days

shall rommcn« to run from lhe dale on which the reply ofthe AUlhorily to

such ""Iuesl is received: and if the Authority fail s to give a reply within

lwenty-eight days from lhe = i pl of the request it shall be deemed to have

re·affirmed ilS deci sion and lhe period forthe appeal shal l commence torun

accordingly .

---

--.

38. (I ) A department of lhe Gove rnment or a body corponue ApplIc: .. 1oo

established by law shall seek development pennission in accordance with

5UCh regulations or rul es (if any) as ma~ be prescribed under se<:lion 00 .. " ,,"" ••

60 of lhis Act; and every proposal by My such dcpanmenl or body w.,

shall be publ ished and made the subject of public representations in

the same manner as a privale proposal for developmenl. or as may be

prescribed as aforesaid.

(2) A dcpmmcnl of the Government or body corponuc tU

aforesai d shall not dispose of land, or promise the disposal of land. for.

specifi ed use unless such use has been approved by the Authority or is

allowed ul\der a development plan or a subsidiary plan.

(3) If lhe Authorily refu ses to grant permi ssion or 10 give

its approval , or if it imposes conditions whic h the appli canl con ·

siders unrea$Onable. the maner shall first be refe rred to a n Inter·

depllnmemal Planning Committee COfIsisting o f onc re presenl ative

of each department of the Govemment or bodYOOl poo ale as aforesaid as the

Pri me Minister may from time to lime declare to be a depanment or

body eorpo nlle re\evant to plmning: and if the lThluer is resolved by the s.aid

Comminee in agreement with the Aulhority. action shall be tale n by the

AUlhorily in accordance with such agreement

(4) If agreement is not reached as aforesaid. the Com millee

shall make a repon on the maneI'. W1d lhe maller together with the

Commillee's ~port and the views of the Authorily shall be coosidcred by

the Appeals Board. The repon of the Conunitree. tile views of the Authoril ~

and lhe recommc:ndations of lhe Appeals Board shall be submiued to the

Cabinet whose decision shall be final, and lhe Authority shall act accord·

ingly.

39. ( I ) Where an application 10 develop land consists inthe

mining of millC1llls tile Authority may. an<;!, where planning and

e nvironmental standard s so require. shall, re'luirc the appl ica.nllo provide

a scheme for the treatment of the worl:ing and surrounding areas during the

working period and for the lJ"tlll1Tlcnt of the said uta! when ""oRi"g is

completed.

(2) The Authority shall nOl gram pennission forlheminingof

mi nenr.ls un less it is sal lsfied that plann; ng and en v i ronmcntal standards will

be me! and the sile will be ~cpl and eve ntual! y Left in ru:ccptablc cOlldition ~,

(3 ) Where: the Authority has mjuim:l a scheme to be submiued

as provided in su~lion ( l ) ofthi s ~ion. 1110. scheme. as acCC)lled by the

Authority. shall be made a condition of any permission Ilranled by il: and

the Authority ~hall (""her require such guarantees 10 be given by !he

applic ant as;1 deems rl(Xcssary 10 ensure lilallhe scheme ""ill be adhered

<0.

2. RHocatlon or modificat ion or pt'rmission

10 dHelo p land .

40. ( I)

Subject to tile provisions of thi s section. tlK Authority

may, having regard 10 the development plans and to other material coo-

silkr.tions. by order revoke or modify any permis$ion 10 de\'elop land

granled under Ihis Act (including pennissioo gran ted by a development

order). Of revoke Of modify sueh permission 10 such extent u may appear

10 il to be expedient having regard 10 !he mauers afon~ .... ajd. Slating the

reason s for so doing in the order.

Where p!'nnission 10 develop land is revoked Of modified

(2)

by an order made under this section , then

(a) anydcmolition OfOlherwork that may be necessary

for compliance with the order shall be carried out

by, or at the e~pen~ of. the Authority

if on a clain! made to the Authority within Iwclve

(b)

mOllt hs o f the date of the order, il i~ sllo"'n tlt.at any

person interested in the land h:u illC'\lm:d e~pendi­

ture !hat is rendered abortive by !he revoclltion or

modification, Of has otherwise sustained loSS or

damage that ;s di=tly attributable 10 the revocation

or modification, the Authority sllal!. subject to

sub$«tion (3) o f thi s section, pay 10 Ihat person

CQmpensati<Kl in respect o f that expendi ture. loss or

damage.

No compensation shall be payablc undcr SUhse<:tion (2) of

(3)

this section-

(I )

in respect of loss or dama,ge CQllSisting of the depre -

ciation in value of any interest in IlK land by vinue

of the revocation or modification

(b)

in respect of any work carried OI.It befoll: the !Iran! of

the perm ission that is revuked or modified. or in

respeet uf any OIher loss or damage arbi ng OI.It m

anything done or ()fllined to be done before the grant

of thill permiS$ion.

(4 ) ~ compensation is payable under this section in

respecl of e_pendilun: incunM in l':myi ng OIlt any wori< on l:md. jf iM

competent aUlhQrity acquires any interest in !hat l:md. any compen~t ion

payable in respect oriM acquisitioo m mat interest shal l be reduced by an

amount equal to the Vllueof the works in I ~Spect ofwhich (:Oillpensation

is payable under this scction.

3. Charles a nd conlributions in r esp«t

of de . ... opmen t.

41 . (I ) The Aut ho rity shall have power to levy a charge in

respen of Rny permission to carry OUl development , including any

application there fo r , in a(:COrdance with a schedule of charges

established by it with the ooncu rrence uf the Minister and uf the

Mi niste r responsible for finance. taki ng lemunt uf tile nature of the

development , the timing of the development in relation to the planned

phasing thereof. of the condi tions attaching 10 the pennission and of Iny

otM:r relevant consideTl tion .

(2) A charge made under this sectil)ll shall be knQ',m as !he

Development Permit Foe.

-- -

42. (I) 'The Authority shall I'UIve power 10 levy a contribution ~­

towards !hecost of!he infraslrUCtut!: services andOlherservicesor facilities

arising from any pmnission lolkvdop land from the perwn applying for

such fJl'rmissionor carrying OUI soch devel~nt. in accordance with such

rates as !he Authority may. with !he concurrence of !he Minister and of the

Minister responsible for financc. from lime: to time: determ ine, taking

account of the services involved, IIle areas of development and other

material considerations.

(2) A contribution levied under Ihis section shall be known as

the Infras truct ure Services Cl)Iltribut ion.

(3) The sums CQllccted by tile Authority under this section

shall be paid to the Governme:nt each year after a dedllCtil)ll therefrrm is

made to cover tile reasonable costs incurred in the deteTminalioo and

levying of the OOIItribution.

43. No devcklpment pt'n1\issioo shall be granted. and nodeveklp- Ilt"t.

ment authorised by a development order i hall be carried out. unless and

until any fcc or contribution payable under sections 4 1 :md 42 arthis

Act has been paid to and received by !he Authority: and any wor\;s

carried 01.11 without s.uch payme:nt having been made and received shall

be deemed to be development canil"d out without the perm ission of !he

Authority.

44. (I ) "The schedule of charges and the rates ofcomributions

established under sections 41 and 42 of this Act. as from lime to time

in force. shall be published in (he GII.~.cne and sha ll IIave effccl a5 50

(}Ublished.

(2) llIe c harges and contribut ions levied undeT the sections

aforesaid shall be collectively know" as 1i1c "l;oJi ld ing Icvy",

4. Othu powers of dHelopmenl ronlrol.

45. (I) The Authority may. having regan! 10 .11e deve~nl

plans and 10 OIher materi al considerations. by llOI ice SCO'ed on Ihe o .. 'ner

or ()CCupier of any land. require any t)tiS(ing w;e or activity or any "'Ofb w

bediscominuedorany building. plani.equipment o r odl« Ihing wllalsocver

10 be removed from any land.. or requiring boil! sudl disconti nuance and

removal.

(2) Where a di'l(:onlinuance or removal or(kr is made in

respect of an activi ty. works or use. or of a building. pl al1l. r-quipmc:nl or

olhe. th ing Jawf ully carried on or in cxistence 011 the land mc:nljOlKd in the

noIiee before the comme~1lX'111 o f this Act. or which WIIS slaned or came

inlo exi stence after the commencement of Ihis Act in accordance wilh a

<kvdopmenl permission ullOerll\is Act. the Authorit y shall be liable to pay

compo:nsation for any losses sustained as a resu lt of the notice

l>rovi ded that any benefi ts derived from the same noti~

shall be offset against the losses aforesaid.

46. (1 ) Th", Authority shall pRpare. and from time to time

review. a list of areas. buildings. structures and remains of i',wlogical.

paiaeontologiC"llI. arc.:haeologicaJ. architC"Ctum1. hislotica l. antiquarian or

anis[K: imponBnce. as well as arras of natumJ beaut y. eco log ical or sci -

enti fic value (here inaflcr referred 10 as "scheduled proptny" ) which an

to bc schedu led for conservati on and may in respe<"t of all Of any one Of

more of 111e sched uled propen y male oonservation ordcl"$ [0 reguJa1e thei r

Conserval;0I1.

(2) "The list of scheduled propeny. and any addition s or

amendments tllcre1o. shall be publ ished in lhe Gazette. The Authority shall

also noci fy any ont= of the known owners uf any scheduled propcny of the

facl of il s inclusion in the lisl and of any conservatioo order mlllk with

re,pect 10 it.

(3 ) 111e ca rrying on of any work in. and the demolition .

aileralion or e n ension of. any scheduled property is prohibited or

res[ooed 35 provided in thisscction or in a conscrva ti on order.

(4) No work:s of any description shall becam ed 0111 in or on

any scheduled propcny and no .o;chedu led propcny shall be demolished.

altered or ex tended e ~cepl ""ilh the pcnnission of the Authority granted on

an applic ation made [0 il and giving such details as [lie AlI1hority may

require. or in accordance " 'ilh tile provisions of a conscrvat ion order; and

fOf the ptJrpo:Ke of this section. danlllgc to or destruction of any pan of a

~ uled propeny shall be deemed 10 be a demolition thereof.

(j) A permi ssion of the Authority and a conservation order

granted or m3(ie undN Ihis section may conmin such condilions and Other

provisioos as lite Authority may deem necessary or e ~pedient; and a

cooserval;oo order may regulale any maller affecting scheduled propeny.

(6) In respect of any sclteduled propeny. the Authority shalL

also have powerto require the owner. by notice in wriling.to undenake such

works generalLy. or as may be specified in the notice. as may be necessary

toensure thal no fun her delerioration occurs. In default. the Authority may

givea further notice to the owner to carry out andcomplete lhe works within

a specified time. and if the owner is stilL in default it may itself carry out.

or cause 10 be carried out. the necessary works and recover the cost thereof

from the Owner of tlte scheduled property.

(7) If any scheduled property is demolished in cootravention

of any of the provisioos of thi~ section thell. in addition to any penalty or

OIlier effect under this Act. every person convicted of such offence shall be

liable 10 pay compe nsation 10 the AUlhority calculated 00 lhe basis of

Whichever is the higltest of the folLowing

(a) Ihe value of the thing destroyed.

(b)

the cost of restoration or repair.

the financial benefit whiCh could be achieved as a

(c)

conocquence of the demolition.

47. (I) If propeny which is not scheduled but which the Authority

believes could have an importance or value as is described in subsection

( I) of section 46 of this Act sufficient to have it listed, is at risk of being

demolished. damaged or dcslroyed. the AUlhority may make an emergency

conservation order and take such further steps for Ihe pro\ection of such

propeny as it may deem necessary.

(2) An emergencyconservalion order shall be published in the

Gazelle and shall have em'ct immediately on its publication.

(3) An emergency conservalion order shall. for a period ofsix

mooths from its publicalion in the Gazelle. have the same effect as the

inclusion of Ihe property to ""hich ;1 refers in the list of schedu led property.

It shall cease to have any effect on Ihe expiratiOll of the period aforesaid.

4-8, ( I ) The AUlhority shall prepare, and from time 10 time revie"',

a li st of individual trees. groups of trees or w<X:>dlands (ilereinafter

rtfcrred to as "scheduled trees'") which it considers should be protected,

and may in respect of all or anyone or more ofthem make tree preservation

orders reguiating sueh protection.

The list of scheduled trees, and any addition or amendment

(2)

tltereto. shall be published in the Gazette. The Authority shall also notify

anyone ofthc known owners of any scheduled tree of the fact of its inclu -

,ion in the I ist and of any tree preservation order made with rcspe<:t to it.

(3) No schedu led tree shall be cut down. lopped, topped or

wilfully damaged or destroyed except with the permission ofthe Authnrity

on an applicalion made to il or as may be al lowed under a trcc preservation

order.

(4) A permission of (he AUlhoriTy and a tree preservation

order gnmled armade under this ~. iOll rnayconuin such CQIldilions and

OIher provisions as the Authority may deem necessary orexpedienl; and B

tree preservation order may regulate any mntter effecting scheduled Iret' S.

(!i) The provisions of section 41 of Ihis Act shall apply 10

scheduled trees A$ iffor refe=>cc:S tlkR:in 10 scheduled 1'101",0,1), there were

substituted references 10 scheduled trees.

49. (I) The AulhQrily may make ortlers for re.stril:ling or regulu-

ing adveniscmcnis. wh ich sllall be known as advertilll:mef115 regulation

orders, arid which, without prejudice 10 IhegClII:ndityofrhearoreuid may

provide

for ...,gulating the dimensions. appo:"nmcc and posi-

(a)

tion of adveni.o;emenls. the sites on which advertise-

merllS may be displayed and !he manner in which

=

10 be affixed 10 Land;

they

for mjuiring the COtl$el1\ of !he Authority I() be

(b)

oblained for the displ ay of adverlisemenu 01" of

adveni sements of any classorclasses lip«ified in the

onler

(c)

for regulating the mann.er in wh ich the consent afore-

said may be obIained. whether by application of

provisions of this Act relating to penni ssions 10

develop land or otherwise;

(d) form.bling the Authority 10 require the removal of

any advenisement that is being displayed in (X)Iltra-

vcnlion of lily order I1UIde under this section. or

Otherwisc against any pJOvision of Ihis AC1, or the

disconlinuanceoflhe use for thedi splay of advertise-

ments of any si lt Ihat is being used for Ihat purpose

in (X)Illravenlion of any order or provision af~said.

and for applying any of the provisions of this Act with

respect 10 cnfon:cmcTII. subjccl lO such adaptations

and modirO<:ltions as may be spt:cified in the order, or

otherwise provide for the m fon:cment of the order

and of ilIly notices issued thereunder.

forc~empting from lhe requirements ofthcorder,O('

(c)

any provisions thereof, the display of advenisements

or the use of siles for such display, of such class or

classes specified in the order, or the continued dis-

play or use aforesaid for such period or periods as

may be specified in the order.

for directing thaJ. any law affecting the display of

(0

advcniSC1l1Cnts for the lime being in fOlR shall not

apply 10 thedisplayofadveni5cmenlS in any area to

which an order made under this seclion applies;

for ~scribin.l! maners lhal = 10 ~. or may be

(g)

prescribed.

(2) An oovenillemefllS regulation order may be made 10 apply

10 advertisemems that an: being displayed on the WIC the ordf:,r comes inlo

force. or 10 siles being used for the display of advenisemenl$ on the dale

aforel<lid

Prov ided Iha! a person affected adversely by any sucb

application of the order shall, on a claim made 10 the Authority withi n

twdve months from the Wile on "'hid\ he is so affected, and in such manner

as nay be prescribed by the Authority. be emilled 10 recover from the

Authority compensation in respect of any upenses reasonably incurred by

him \0 comply with the order and in respect of any remaining value of the

advcnisemenl.

(3) When: the display of advcni!iClJlCnls involves [he devel-

opme nt of land within the meaning of th is AC1, pennission for that

development shal l be deemed 10 be granted for the purposes of this Act if

the display is made in confonnit)' wilh the provisions oflhis sectioo and of

any order made thereunder.

(4 ) For [he purposes of this Act. but wilhoul prej udice 10 Ihe

generality and ~ normal meaning of the expression. a ~rson shall be

deemed 10 display an adveniscment if-

lhe idveni!ll:menl is displayed on land of which he is

(a)

lhe owner or occupier. or

lhe adveni!ll:ment gives publid ty 10 Ilis goods. trade.

(b)

business or OIlier concerns,

WJless he proves IMllhe advenisement wasdisplayed wilhoulllis Imowledge

or t(Jn$Cnt and t an funher sllow that he took all reasonable sleps to have the

display discontinued as soon as he became aware of Ihe d ispl ay.

SO. If it appears to the Authority thal the amenity of any areas is

injured by the ap~arance or condition of any land. being a garden. vacant

si le or OIher open hmd, lbe AUlhority may serve on the owner and occupier

of Ihe land a nOlice requiring such steps 10 be taken for lbating the injury

as may be specified in the nOlice.

PARTV

ENFORCEMENT OF CONTROL

SI. (I) 1be AUlhority shall monitoralldevdopmc:ntoperations

10 ensure Ihat developmenl iK carried 0111 only in accordance with the

require men ts of Ihi s Act alld in compliance wi th the decisions lawfully

laken ullder thi s Act.

(2) l1Ie AuthQri ly $hIli also undertake a review of all devel -

oplllent eamed out befon: the coming into force of lhi s Act IlOI in com -

pli ance wilh plans or policies in force at the time the developme nt took

p lace: and in re~pecl of any such development the Authority shall have such

powen a5 il has in respect of development carried oul after !he coming in lo

force of thi s Act in order 10 e nsure Ihat me plans and policies aforesaid an

enforced or, if this is IlOI ll'aSOfl3bly po&ibk. to regularise My soch deve-

lopment [0 the U!CII! the Authority deem$ adequate in the c ircum$lances.

52. (l ) If i\appears 10 the Authority Ilia. any development ofland

is being carried OUl wi loou l lhe gran! of permission required in lhat behalf

under this Act. or Ihat any conditions subject 10 which such perm issioo was

granted in respect o f any development are not being complied with. the

Authority !illal! SCTVe a notke on the owner of the land requiring work to be

stoppN forthwith.

(2) A copy of tile llOIice given under subsection (I ) of Ihis

section may also be served on any builderOOllIl1lC!or or wodmen on the "~ Ie

and a fun her copy sha lt be fi~ed in a prom inent po$it ion at a point of entT)'

onto the site .

(3) If it appearlto tile Authority that my development of land

has been carried OUl afto:r thecoming into fOf« ofthi, A(."I without the grant

ofpermiuion requirN in that behatfundef this A(."I. or that any conditions

subject to which such pmnission was granted in resp«t of any develop-

mcnt have n01 been compl ied With. tile Authority may. having regard to the

provisions of the development plans and to a ny OI1ler material considera-

tion. serve on the owner and occupier o f the land a nOlice requiring such

steps as may besp«ifled in the notice 10 be takcn within such time as may

also be so specified for Intoring the land 10 i15 condi tion before the

development took place or fo;w- soxuring compliance "'i th the conditions

aforuaid. as the case may he: and in panicular. but wi thout Jnjudice 10 the

generality of the aforesai d any such notice may. for the purpose aforesaid.

require lhe demolition or alteration of any buildings or works.!he discon-

tinuance of any use of land. or the carrying 001 00 land of any bui ld ing or

OIher ope ratioo s.

(4) Eu:ept as otherwise provided in this seclion. I notice

given UIWr any of the foregoing provisions of this section (in this Ad also

referred 10 as "enforcement noIicc, shal l

in respecl of any requirement sloppi ngorprohi biling

(3)

fun her works or development. take effe(;1 im medi-

alely 1IJXl'1 service of the notice

(b) in respect of any OIhcr requirnnent. shall take eITect

l Ithe e~ piralioo of such period (being noI1e~!i than

fifteen days after the service thcreoO as may be

specified therein.

(j) When wilhin the period menlioned in subseclioo (4) o f !his

.section an application is made to the Authorily under th is Ad

for the retemion 00 the land of any buildings or

(a)

""orb 10 wllich the enforremenl Ao)Iia; relales. or

(b) for the comintlantt of any U~ of the land 10 wh ich

llie enforcement noIice re lates.

lhe o~rn(ion of tlie ootice, in respect of any ~t1iremenl other than a

requirement slOpping or prohibiting any (unher work or development, ~haJI

be suspended pe nding the final determination ohlle applicacion,ll!>d if the

perm ission applied for is granted on thal appl icati on and comes into

opcralioo. the enforcement llOIice shall cease 10 have effect

Provided thatany applicalion as aforesaid Shall bcdismissc:d

fonhwilh if a requiremen\ in 1he n(l(icc slopping or proh ibi ting (unher won

or development has not been complied with or if any firw:: or OIlie r payment

10 wh ich any pcl3Ol1 has become liable under this Act in respect of the

,..,Icvam land has no! be.n paid.

(6) Any pcrwn who feels himself aggrieved by any enforce-

mem llOIice 5eJ'\/ed on him may. within fifteen days from the scrvi<:c orEllC

rlOIicc. appeal against ;110 the Appeals Board; and on any &UCh appeal lhe

Board

(a)

if !;lIlidied Ihal pcm1ission .... as gMlmtd under Ihis

ACI for lhe developmenl 10 .... hich lhe enforcemem

noI:ice rela!eS. or!hal no such permiS$ion .... asrequircd

in respecl lherrof. a~ lhe case may be. and Ih.l!he

condil ions s ubjecl 10 .... hich s LI(:h permission was

granled have been complied wi!h. s hall quash !he

enforcemenl rtQticc to wh ich lhe appeal relates or

such part Ihereof in respect of which lhe Board is

salisfied as aforesaid

(b)

in any other case. shall dism iss lhe appeal.

(7) Where !he appeal is dis missed the Appeals Board may

d irect thal. in m;pecl o f any requiremenl. other Ihan a requirement Sloppi ng

or prohibiling any .... ork or deve lopment lite cnfOlttmen! noIicc shall not

come imo fon:e until s uch dale . being a dale not earlier than fi fteen days

after lhe determination of lhe appeal. as lhe Boon.I Ihinks fit

53. If il appears lothe AUlhoritythat anything .... hich is prohibiled ; ;."_;;;,

or m;lriclcd or subject 10 I condiliOl' by or under any of the provis ions of .. "", ..

~Iion 46, 48 or 49 oflhis ACI is beingdoooe orearried on orhas been "'" "",, d

done: or carried on in cOflttllvenlion of any stlch prohibilion. restriction or ..........,..

condiTion or .... iThoul any pcm1in ion or o lher requirement. or .... ithouT

c ompliance .... i!h any condition. mentioned in Ihose sections or anyorders

made lhereunder. lhe AUlhority shall serve a llOIicc on lhe owne:r or

occupier of Ihe land in question. or on any OIher penon on .... hOO1 in !he

opinion of Ihe AUlhorily the nOlice should be fterved. or on any one or rl1OI"e

of suell persons. requ iring such steps Il..\ may be s pecified in the nOlice.

including Ihe discontinuance of anything being done or carried o n, 10 be

laken willlin such lime as may al so be specified in the nOlice.

54. A notice under sectioos 50 and 53 of this Ac! is also in Ihi s

Act ~ferm:llo as "enforcement notice" and. unless the context otherw ise

lequi..,s and subject W 5UCh modir..:atiOll5 and adaplation as m;,l)' be

necessary to give full effect 10 !he provisions of lhose sections .... ·herever

lhal expression 3[>peal'S in Ihis Act it shall include a notice given undenhose

sections.

ss. ( I ) If any steps or other actioo. including .... y disoontinuanc:c,

stoppage or si milar ~uirement . required to be laken by an enforcement

notice have nO! been taken within the time specified then:;". or fonhwith

if so speo::iried. the Authority may\,:ntcr on the land and take those 51eps or

other action as aforesaid and may for weh PUI)lOSC req~1 the w;istancc

of the Police F(KU: which $hall for such purpose uerci5e such poJwers l$

~ vested in them for the prevention of offences and the enfoo:ement of law

"""""'.

(2) Notwithstanding the provisions of any OIher law, no

warTllnl or OIher order shall be issued OTmade by any coon resO'1Iining the

A.uthority from the exercise of any of tile powers conferred upon it by thi s

section u ce!" upon a decision by a COlIn of tom~ten t jurisdiction that the

enfortel'r"lfflt n....oc.:: on the Strength of which the Authority has -cted 0.-

intends toact is null orthat action by the Authority has been taken otherwise

than in conformity with the foregoing provisions of this Act.

(3) All e~~nses reasonably incurral by the Authority toearT)'

OUt an ('f1foroemcnl notice under Ihis 5CCtion sIull be recoverable as _ civil

.

debt by the Authority from the person who is then the owner of the land.

subjcct lo such right of nxovery such person may have against any other

~.

PART VI

DEV ELOPMENT

OFFENCES

AND

PENALTIES

56. ( I) Any person who

(a)

carries out any development on any land or allows

any development to be carried out on land of which

he isan owner-without adevelopment permission as

in force It the time of soch drvelopmcnl. or. if the

development is camed out with a development

permission, fails to comply or to cause compliance

"'ith any condition, restriction or other limitation to

.... hich the pcm1ission is subjKt: or

(b) acts in cO!Itl1lvcnt ion of any of the provisions of

~t ion 46 or 4)1 of this Ac t in re~pccl of any

scheduled building or tree , or of any adveni§cment

regul ation order made under ~Iion 49 of this Act;

m

(c)

having betn served with an enforcement or 0Ihcr

notice under $eCtion 45, 50, 52 or 53 of this Act,

rail s to comply with any of the requirements of

such noIice within tile time or as therein specified;

~

(d)

hinders, obstnK:l$ , moleSl$ or interferes with , Or

allemplS to hi nder, obstruct, mole§( or interfere

wilh , anyofflCC r or employee of the Authority, or

any police offICer, in the e~«ution of his duties

ul'Klcr the law , or fails to comply with any

reasonable requirement demanded of him by any

such offICer or employee, or police offIce r as

aforesaid or otherwise to assist him in the c~rrylng

out of the said duties, or knowingly furnishes such

offIcers or employees wi th false inform~tion Or

neglects or refuses 10 give any information

required for the purpose afores~ id; or

(c)

makes a declaration foranyofthe purposcsofthis

Act which is false , misleading or incorrect in any

mate rial respect,

shall be guilty of an offence against this ACI and shall be liable on

conviction to a fine (mU/la) of not less than five hundred liri and not

e ~ceeding fifly thousand liri, and in respect of an offence unde r

paragraph (d) of thi, section or, in the ease of an offence under

paragraph (c) of this section if the offender persislS in the offeroce for

more Ihan three monlhs. alllO to imprisonment for a term of nolless than

three months and not exceeding three years

Provided Ihat. and without poejudice 10 the provisions 0(

subsection (7) of $«'lion 46 of this Act , the minimum fine (mu/M) to

which an offender is liable under lhis section ~ha ll not be less than the

value of any work carried out without permission or in violation of any

conditions to which such permis.sion WiU subject.

(2) lbe Court . besides awarding Ihe punish ment referred 10

in subsection (1) of thisscction. shall order the offender to remove Ihe

causes of the offeDCC and to undo anylhing which was done withoul a

permit or to comply wilh !he conditions imposed in the pennl t. as the

case may be, within a timesufficicnt fl'rlhe purpose. but in any cue nOI

elloeeding three monlhs from the date of [he judgement. to be fi~ed by

the court; and. if the offender fails to comply wilh any slIch order wi lh in

[he lime $0 rued . he shall be liable 10 a fine ("'''/Ia) of not less than

twenty·five: and no! more than lifty ~ri. as the coun may fill. for every day

the default oon tinues afte r the ClIpiration of Ihe 58id lime.

(3) Proceedings against any pe,.,.,n for any offence as is

ment;oM:d in subsection (1) of this section shall be taken before the

Court of Magi5lrates (Malta) or Ihe Court of Magislrates (001.0), as the

case may be, as courts of criminal judicature in accordance with the C..f.

provisions of Ihe Criminal Code

Provided that, notwit hstanding the provisions of section 376

( I) (b) of the Criminal Code. the Co"n shall , at the reo uest of the

prosecution or of the accused, take down cvidcncc given by the

witnesses In the manne r provided for either in section 390(6) of the uid

Code or in any law for the lime being in fom.' .

57. In any prtJCeeding or pro5C.'ClIlion under this Act. acopy of any

order, nOlice. decision or OIher document purporting 10 M ve been made

under th is Act and purporting 10 have been sigllCd by (toe Chainnan

of the Authority or by tile Diredor of Planning. shall be IOCttpled as

ev idence of the order, lJO(ice. decision or other docUll\eIll. and of the fao;t$

appearing therein. without further proof.

58. (I ) No twitMtanding any other law providing for the trial and

punishment of offe nces , where the Authority believes that a person has

oom miued an offence apillSl Ihis Act. OIlie r than an offence under

paragraph (d) of $eCtion .56 oftbis Act. the Authorit y may live lKMice in

writing 10 suo;:h person descri bing the offence of which the perwn is

1CCUKd. indicating the steps to be taken to remedy to the offence and

the fine which he is required to pay in respect of that offence

Provided that the Authority may not ...quill: the pay_nt of a

fine hi gher than one thousand liri.

(2) Where a notice under this ""awn has been pven , the

perwn na med in the notice may. within twenty-onc days of the ""rvice

of the notice. aCCf!pt responsibi lity for t he offence specified in the notice

and within the ume period or $UCh further period.s the Authorit y may

allow . remedy the offence and pay. or undertake in writing to pay. the

fine indicated in the notice or $Ueh fine as the Authority may accept in

lieu , and in any such case

the person named in the notice shall be deemed 10

(.)

have committed the offence and 10 have admitted his

guilt in respect liIcrtof. and the fine paid. or agreed

to be paid. shall be the fine to which he became liable

to pay;

(b)

if t he offence is remedi ed and the fine is paid

within the period. or funher period. aforesaid. no

further proceedings may be taken against the said

pcrwn in respect of the same faCl$;

if the fine (mwlll) is 001 paid within the period. or

(0)

further period. aforesaid . it shall be treated as if il

"'"e re a fine ordered 10 be paid by the court which

,",ould have had jurisdiction to tak e oogniz... noo o f

the o ffen~e, and p roceedi ngs may be taken

accordingly as if il we re an o rder o r Ihal oourt.

(3) Whe re Ihe person 10 whom no tice is giYcn under

subse<:tion (1) o f this section does 001 accepl or, having aa:cptoo such

responsibil ity. fails 10 remedy the offence wi lhin Ihe lime aforQaid.

ordina ry proceedings may be like n against him in accordance wilh Ihe

provisiom; of the Criminal Code. of this Act and of a ny ol her law

applicable 10 tbe o ffence.

(4) Notwithslanding lhe provisiOflsofl1le Criminal Code. \he

Allomcy General shall always havc a righl of appeal 10 lhe Court o f

Criminal Appeal from any judgment given in proceedings arising OUI ohhis

ACI or uf any regulations. rules or orrlcrs moldc the~undcr.

PART VII

SUpnEMENT AL

Without prejudice 10 lhe pIlIVIS10flS of KCtion 6 of \he

59. Inlerprelat ion Act. 1975. any po· .... e.- COf1ferrcd by this Act to make

~gulations, rules. orders, lists. schedules and any other inSlrument of li ke

nalure. includes \he jlO\\'c.- from lime 10 time 10 revoke. replace. amend,

aiter or IIIId 10 any such instrument as aforesaid.

60. (I) The Mini ster may. on the recommendalion of lhe

Autoority. ntake regulmioM 10 regulale or OIhcrwi't provide for ilIly

maller relaling 10 development or otlJ<,r a.ctivilies affecting land.

in orrlcr 10 give fuller effect to the provisions o f lhis Act. and in particular.

but wilOOuI prejudice to lhe genmdilY of lhe af~id, may by soch

regulations

regulace buildings and lhe construction, demo l itiOfl

(a)

or alterat iOfl t""'reor. as well as any other maller

relating thereto. laking account of all relevant con·

si deralio ns, including safety, aesthetics, health and

sanitatio n;

prescri be: lhe form of any notice, order or other

(b)

document authorised or required by this Act to be

made. scrved or given;

(c)

prescribe the manner in which a building levy or

other charge made under (his Act i s t () be established.

made. reviewed, collected. utilised or otherwise

dealt wilh;

In [he e~lenl not Qlherwise provided, prescribe [he

(d)

procedure to be followed by any body established

by this Act. and 10 amend. add 10 or otherwise aller

anything contained in the schedules 10 Ihis Act

cooceming Ihe maltel> afo",,,,,i<l

(c)

prescribe the fees paya!>le to Ihe Authority for any

service provided by il. or in respect of any mallcr for

which il is considered Ihm a fee should be payable

for any purpose for which regulations are authori sed

(I)

or requiR-d to be made otherwise Ihan by the Au -

thority.

(2) Any regulation made under Ihis Act may provide for any

maner relating 10 liability for lhe observance of such regulations. and the

person:; who may be liable. and for any maner relating to the enforcement

of the said regulation,. including. but nOllimited to. the impositiOll of a fee

(multa) nO! exceeding onc thou sand liri in respect of any contravention of,

or failure to comply with. the provisions of such regulations.

61 , (I) The following provisions shall have effect with respect to

any developme nt wlticlt has taken place or is to ta ke place afte r tlte date

of tlte coming into force of this Act. Itereinafter referred to as ~new

development."

(2) No service consisting in the supply of water or electriciTy

lOany ncw development shall be provided by any authority unless there is

in respect of such developm!.'nt a "nifkate issued by the Authority Mating

that the developmcnt is in accordance with a d!.'velopment pennission.

(3) In any of the circumstances in which the AUlhority may

serve a nmice under any of the parvisions of section 52 of tltis Act, or if

the Authority has served suclt a notice, Ihe Authority may make an

order prohibiting the transfer inlcr vivos by any title whatsocver of any

land in respect of wllich a nOlice as aforesaid may be. Or lIas been .

served. and the transfer or creation of any real right the reon. by any title

inter vivos wllatsocver.

(4) An order made under this section shall ~onlain a

description of the land 10 which it applies. being a description sufficient

for the purposes of any transfer tllereof by nOlarial deed. and sh all be

addressed 10 and serve<l On the Director of lite Public Registryof Malta

in the case of land sit uated in Ihe Island of Malta an<l on Ihe DircClorof

Ihe Public Registry of Gozo in the case of land situa ted in Gozo.

(5) Each of lite Oirecturs of the Public Regi,try shall keep a

register of orders made under this section and shall enter tile rein all such

orders and the panieulars thcreof, including the <Iatc of their service on

him , logelher wi lh any funher orders adding 10, a me nding o r revoking

an o rder, in such order and manner , and oomple me nled by S\Jeh indices

as he may deem a ppropriale 10 facilil8 le lhe idenlirlClllio n of a ny land 10

which they refe r.

(6) An order made unde r Ihis section may at a ny lime be

added lOOT amended Or revoh d by the Authorily by • funher order and

~hall be revoked if the AUlhori ly is sa tisHed Ihat Ihe ci rcumstances

juslifying Ihe o rder have bee n re medied Or otherwise a ased 10 exisl ;

but no such addilion, amendment or revocalion shall ha ve effect u nti l

Ihe o rder making ;1 has bee n served on the Director o f the Public

Regislry . Any revocation of an orde r shall be wilhou t prejudice 10lhe

making of a new order.

(7) l1Ic provisions o f seclion 15 o f Ihi s ACI sha ll apply 10 a n

order made unde r Ihis sectio n, a nd 10 any refu$31 to revoke such an

o ,,:kr , as lhey a pply 10 a decision of the Authority referrcd to in

S\Jbsection ( I ) (a) o f that sectio n.

(8) Any transfer of an y land in respeet of which an o rder has

been served uudcr Ihis "«'lion and has !lOt been re vo ked. and any

transfe r of a ny real righl lhereo n. made by an al'l imu ~I~OJ under any

title whatsoever, shall be: nu ll and without effect.

62. ( I) Where any OOI ice or other instrument or document

"" hatsoe"er is requirN or aUlhorised to be: served or givcn by or u!>der this

ACI. it may be served or given in any o f the following mlMl'rs

by del ive ring il to the pen;on on ""horn it is 10 be

(I)

served or 10 ""horn il is 10 be g iven; or

(b) by leaving it atlneusuaJ o ri ast kno .. mplace ofabode

of that person or. if such persoo has furnished an

addre ss for service. Itthal address: or

by S(' nding il in a reg istered kltcr addressed 10 that

(c)

person at the ploce of aOOdeorlhe address forservice

aforoSllid: or

(d)

in the CMse of U body corporate or other body of

persoros. by delivering it to an officer or servam

thereof It the regi~tered or principal office. orscnding

il in a regi ste red lell~r addre~scd 10 the body afore·

said at that o ffice: or

(e)

in any casc in which it is nUl reason ably possible to

effl'Ct scrv ice in anyoflhe foregoi ng mannerwhell\er

on all or on any onc or moreofthc persons on whom

SCTVI« is 10 be made or notice is 10 be given. by

affi~ i ng the tIoeument to bc SCT\'ed or given in a

("(Jmpicuou~ place on the land to ""hich it ",lalCS and

1.:e<-ping il so affi.~ed for a period of 001 less than

5e,'en d:oys.

(2) Whcrethe noticeorOlherdocument is required or aulhoris.ed

10 be served or given 10 any per.iOI1l1$ hIIving an illlCres( in land. and the

name of thal person CannoI be aseerll.i ned .fler reawnable inquiry. or is

requited or authorised 10 be served on an occupier of land. the notice shall

be deemed to be dul y served or given if je ;5 served or given in any of the

mmnm; indicated in subsection (I) of this section and addressed 10 the

person having an interest in the land by the descripfion of "owner" or

'·occupier". or "OVo'I'ln1l" or "occupiel'll", as the !;lOse may require.

63, (I ) Subject tQ the provisions of Ihi s ~liQll, the laws. or

provisioos thereof. hereinafter specified ~1Ia1l be repealed or have affect as

provided in th is section.

(2) The following cnaClmcnlS, or provision s Ihereof. Ihal

is 10 say

Pan t and. 10 Ihe ex tent that ils provisions are

(a)

replaced. and arc expressil y §aid 10 be re placed, by

reg ul ation., made under section 60 of th is Act Part

V of the Code of the Police Laws

(b) The Aesthetic Buildings OJdinaoce

(c)

The Bu ildi ng Penni ls(Tempomy ProvisiOfl$) Act.

1988: and

much of the 6 ... ilding Dc:v~lopmem Areas Act.

(d)

$0

1983 as may 5till be operative immediately before

the roming imo fOfU of Ihi s Atl.

Provided that

anything lawfully done or omined 10 be done

(i)

there under shall. to the extent that it is nOl in

conflict with the provisions of this Act. remain

unaffected

(ii) any offence cOllllnined again~t any of Ihe pro-

visions repealed by this S«Iion shall continue

10 be (')ffence$ against those prov isions and

proceedings in respect thereof may be corn·

IllC'nced or continued as if tile said provisions

we re still in force. without prejudice to the

application, in respect of any act! or omi·

ssions consl ilUling such offence. of the provi·

sions of subs«Iion (2)00 section 5 1 of this Act

(iii) any pennission issued or granted ulldcr any of 11le

provisions repealed by IlIis sectiOfl IlI1<i in fortt 0fI

the dale immedialely preceding the coming inlO

force of Ihis Act. shall con linue to be opcrnlive for

the period and under the eorx!iliOllS for wll icll and

under which ;1 "'as so issued or granled. but shall (or

any purpose Olke Ihan dunuiOll be deemed 10 be a

permission granll'd by Ihe AU lhority

(iv) any develop"""'nI plan nwlc under the Building

Permils(Tempar.ll')' Provisions) ACI. 1988. in force

on thedale immedialely preceding the comi ng into

force of this Act. shall remain operative and have

effecl as if il wen! a devclopmenl plan made under

Ihis Act: and shall be treated ao::ordingly

an y regulations made under $Cction 14 of the

Aeslhetic Buildings Ordinance. and so much of

Ihe said Ordinance a$ is ncttssary for lhe

co ntinued applicability and enforcement of

wch regulations. shall remain in force unli l

an adverti:;emc:nt regulation order is made

underth i$ Act

the provisiom of Ihe Bui lding Developmen t

(vi)

Areas Att. 1983. kept operalive by p<lragraphs

(ii ) and (iii) of suhr.cction (2) of section 10 of

the Buildi ng Pennil$ (Te mporary Provisions)

Act, 1988. sball remain opera ti ve.

A ..

SC II EDULES

I<'IRST SCHEIlUU

Section J

Pro\-i! ions wilh r esp«1 1o th .. Au thor ;!),

I. 1l>e t\ulhQri\y may OCI 1lOI ... ·;th slanding any vacancy amongst ils members.

pru~ ;£kd ItK'I"C is a qll()fllrn pre.cnl at llkl meeting.

2. The quorum of Ihe AuthOfity sh~11 con~iSl of the chairman or deputy chairman

alld nOl less Ihan half tile number of Ill/, other members constituting the Authority 31lhe lime

of the mceli llg.

3. 'The meetings of the Authority shall be called by the: cllairman either 00 hi~ o ... ·n

initialive or at tile rC(JlICSI of any I wo members of the AUllIori,y; and the Authority s hal l also

meet at $uch limes as il may itself decid ...

The chai rm an. or Ihe deptJl )' cha irman acli ng in hi, place. jhall have an origi n~ 1

4. "Ole. and , .. ,here IlK- VOles are rqual1y di vided. a second or casting VOle.

5. A member of Ihe Authori, y who has a dir~"'l or indir~t im~resl in any l11auer

coming before the Authority for cons ider:uion sllall. noc laler Ihan lhe fi~ meeting held afler

lhe rel('vant c;<cumstaoces have come 10 his knowledge. disdo>e the nature of his interest.

Such di ~ losure s hall be recorded in the minutes of the meeting anod Ihe nt!'mbcr

sha lt nOt take pan in any discussion Of decisioo of the Authority with respect

(3 )

10 lhat mall!'r. anod

(b) sha lt he di~l1'garded for the purp<~ of constituting a quorum for any s uch

discuss ion or decis ion.

6. All acts dOrlC by any perwn in good faith as ~ membcr oftllc Autllority shaJlIx: valid

anod effective as if he were a memlx:rewn if $(IITIl' defect in his qualification for appointment

is s ubsequently discovered _

7. Without prcjudiCC' co the provis ion s of section 57 of this Act. any document

purpon irlg to 00 an imtrument made or i"ued by the Authority and signed by tile Chairman

of the AUlhority or the: Directorof Planning 00 its bcllalf shall be- ~i\·ed in evidence and

shall. until the: conlrary is proved. be deemed 10 be an ;n"rumen! made or issued by the

Authority.

8. Subj<"<"ltQ the provisions ,)f this Act. inciu(l;ng Ihis Schedule. the Authority may

regulate il < own proccdul1'. provided Ihat

Where the Aut hority pcrfomlS fUrlCtions normally dell'guted to the Devdopment

Control Commissioo. s ubsectioo (5) of seclion 13 o f lhe ACI shall apply to il a.. il applies to

lhe Commi ss ion.

A

"

SECOND SC HEOUlE

Setl lon (,

I'r(l,-isions " llh respKI 10 Pu blk Off~trs detai led tUl'" dul y

with Ihe Authorit y

I. A din:ction under subseclion (4) of section 6 of Ihis ACI shaU apply 10 !1Ie officer

specified therein for a period ending. unless the officer relire!l from the ""blic S('rvice . or

OIhcrwisc cea!ieS 10 hold offi ce. at an earliN date, or a differem dale is specified in lhe

din:clioo. oo the happening of m y oflhe following c,·cnlS. Ihm is 10 53y

(a)

the acceplalK:() by such officer of an offer of tran sfer 10 lhe SCfVke of. and

pennanen! employment, with the Authority. made in pursuance of subseClion

(j ) of section 60flh is Act; or

(b) the revocaliQll by lhe l>rime Minislcr of any direction made by him under

stJbscction (4 ) of section 6 of Ihis Act in retalioo lo such omct!'.

2. When a public officer is detailed for duly wilh IhI: Auihorily as aforesaid sUl:h

officer shall, during the lime the dim:tioo IIas effect in Idation \0 him. be under !he

adminislrJlive control of the AUl h"';I~: bUl Ile shall for mher intems and purposes n:main,

and be considered and waled as, a public officer.

3, Without prejudice to the ge neralit~ of Ihe furegoing. a public officer detailed for

dul~ as aforesaid-

(01)

shall not during the lime he is so delailed-

be precluded from appl ying for 11 II2Ilsfer 10 I department of the

(i)

Government in accordance with the ICnns and condilions of service

attached to the appointment under Ihe Government held b~ him lithe

dale OIl which he was detailed for dUl~; or

(ii ) be so ernplo~ed that his n:rnulleration and Conditions of service lITe less

fan'ul1lblc than those which are auached 10 the appointment under the

Government held b~ him al the date aforesaid or which woold have

become anached to soch appointmenl during Ihe said period had such

OfflCCf not b«n detailed for dut~ wilh the Authorit~ : and

(b) shall be entitled 10 have hi s service with the Authorit~ consi dered as service

wilh \he Government for the purpose of any prnsion or graluity under any law

for tile time bl'ing in force. and for an~ other ri ght or priv ile~ 10 which he

would have b«n emitled. and shall be liable 10 any liability tu which he woold

be liable. but for the fac1 lhl1t he is detailed for dUI~ with the Authorit~.

4. When an applicat ion is mll& as provided in paragr~ph 3 (01) (i) oflhi s Schedule. the

same consideration shall be given to il as if the applicantllad not been detailed for dul y with

the AUlhority.

A

THIRD SCHE UUL E

Melion 15

Procl'ed ings twrore thl' I'lanning Appea ls Board Mnd

~ ppeal s t herefrum

I. Any person ... ho feels aggrieved by a dcdsion of (he Authori!y as provided in

par:lgrnph (a)ofsubs«lion ( I)ofseclion 15..,flhis ACI nu.y appeal.o the Planning Appeals

Board within Ihiny days from the dale the decision is~ommunica(cd ID the person on whose

applicaliOllllle dec"isioo "'as laken.

2. 11lc application shall contain the grounds for (he appeal and the request of (lie

appellant. and acopy ofil .hall be communicated lo tlle Authority before the appeal is heard.

J. The appellant Shall appearbefore the Hoard eilher in pc1W!l or by agem 011 theda)'

Dnd Dl lhe lime fi~c(1 for the hearing. make hi s submissions :md produce s uch evidence as Ihe

Board may allo ... ·;

Prov ided Ihallhe Board may postpollC .1le hearing of the appeal if it is .alis rted that

Ihcappellam was prevellle<! from appearing before il owing 10 illnes~ or absencc frum Malla

or (l(tw"r similar reasonable .;-aIlSI,'.

4. lne Board shall give lhe AUlhorily an opponunily 10 make ils submi ssions in

juslifical ion of its decisions. and bring such ev idence as Ihe Board m:;t.y ronsi<kr nttessary.

llte Board slmll h~ve the powe r I() summoo wimesses and 10 Ilodminisler Ihe oolh

5. 10 any per"$Oll Dppo::aring tx>fo", ir.

6. The Uoard shall h~ve power 10 confirm. rev()ke or uher Ihe deci sion appealed

ag3insl and gi"e such d irections as il may deem apptopl;~le.

7. ,...... d«isions of lhe Board 511all be final and 00 a~al shalllic I~from e~cc",

OIl a qu~l ion of law olll~.

8. If the appellant or the A"'lhoril~ are dis~l isfied wilh an~ point o f law dc<: idcd by

Ihe Iklard . lhey may appeal 10 lhe Court of Appeal by an ~ppl icalion filed as provided in

SUbseclion (IO) of 5eClioo 15 Oflh is Act.

9. All hearings oflhe Ucartl sIlall be hl'ld in ptlblic and all decisions of rhe Board s hall

be given in public.

A In

10. SUb,;n,IIO lh.e flJol'l:going provisions and 10 lhe provisi ons orth is Act, the Board shall

regulate its 0"'" procedurr.

Passed by the House of Reprl'SClllalives at Silting No. 61 1 of the 15th Ja nuary,

1992. M ... N UHL BOII.DA

A clingS~ku

PHILI P L. ATrA R D

AcrillS ClI!.k IQ rhl! Ho~ of Rrp' tSl!nllllivt$.

oHd.o.p.n;.en, .. ·~ 1"","" ;ow- Itaot.

o.,._"' ofhV/A

I~k",

~by"

M;''''", i'l-lMM>p<fijo taI-<l....

_

.... " " - - """"'" ' -

Functions of !he Authority

Officers and employees of lhe Authority

1. Financial provisions

Accounts and audit

Annuall\'pon

CoolraCt of supply or works

uemplion from laJ;

TI l E PLANNING CONSUL TAT1V.: (:0.\11>11"'0

Establishment and functions of a Planning Consultative Commincc

Tl IE DEV.:I.OPM£~T CO:'loTROL (.'OM.\ IISSION

Establishment and functions of the De~elopmenl Control Comm issioll

T ilE PLANNING AP".:,U .s 80ARI)

\4 . Establishment of tllc Appeals Board

Fuooions and procrdure oflhe Appeals Board

CO.\1Mm; I'IIOVISIOSS

Members oflhe Authority nc. to be deemed public officers for cenain purposes

Publication of names of ITlI'mbers of the Authority tIc

PART J: DEVt:LOPMENT !'LANNING ;

TIl E STRUCTURE PLAN

The Structure !,Ian and ilS preparmions or review

Pu blication of Structure !,Ian on ilS review

AS!ieSSmetlt of Plan or review by Panel

Where Plan or review is ref~~ back

Final Considel"lltion and appronl of Plan or review

Subsidiary Plans

Subject Plans

A

Local Plans

A(.iQn Pl ans

Pjanijicl ta' lIlZjoni

ProCeduri ghalL-pjanijiel su~sidjarji

27.

Procedure for Subsidi ary Plans

Review of Subsidiary Plans

Subsidiary Plans in the abseoce of Structure Plan

I'ART 4: DEVELOPM ENT CONTROL

Rt:QUlRun;",'T 0 . ' .. t:RMI SS ION TO In: vt:LOI' L.ANI)

Developments 10 require pcrmi ~sion

Development Ordel'$

Talba ghal permess ghall.iivilupp

Application for Development Permission

Development Permi lsions

Supplementary provisions re Development Pcrmissions

Regislcrof applia ll ions for Development PennissiOllli and of decisions l~rron

OecisiOl1'i' 10 be taken without delay

Appeal s from decisions of AuLhorily

37.

Appelli minn dei:iijonijiclla' I-Awlorltl

Application for Development Permission by Govemlllcnl alld ilS agencies

Applications fOT mining of mine rals

Rt: \ 'OCAT10S O R ,\ 101)1.' ](; ,,"1'101'1 OF PUI .\ lISS IOS TO Il";VELOI' I.A,. ;n

Revocation and modification of Deve lopment l'ennission

C II ARGES ASI) CO:-''TRIR Ul"IOSS IS RESI'ECfO.- Ut: n : LO PM E/Io,

Charge5 and contribut ions

Contributions towards infraSlJ'\IoCture

Dcvelopmcntto commence after payment of fee and conlributicn

Publication of charges and contributions

OTllt:1t I'OW £It S OF IIEVt:I.OrMt:I'o' CONTItOI.

Disconlinuance of removal orders

Scheduled propeny and conservalion orders

Emergency conservalion order

Protected lrees and lree preSl'rvation orders

Ad\·eniSCIDl'nIS

SO. Injury 10 amenity

PART 5: t: NFORCf.MENT O F CONTROl.

TAQS IM A V: TWETTIQ TAL-KONTROLL

51 . Tgr.assis fuq I-iivilupp

Moni10ring of developmem

Enforeemenl procedure

EnfOrttmc:n1 procedure 10 apply to .schedule<; propcny. trttS. etc

53.

OIher enfn«<mc:m noticrs

Supplemenlary provisions as 10 enfn«<ment

PART 6: OEVELOPi\1F.NT OFn; NC t;S AN D PEN ALTI E.'i

56. Offencc.~

Reali

~7. Kopji certitikati la ' ,;-elti dokumenti

Certified copies of certain docu ments as evidence

Special procedure

A

..

I'ART 7: SUPPLEM ENTAL

Power to mak.e rcgu lalion$ clC. to include power 10 revoke elC. ACI No. VII o f 1975

Regu lations

61 . Ce rtificate of developm<:Tl\ ocrording \l) permission

Certifikal la ' tvilupp skond il-penness

Service of NOIices e lC. ulkkr this Ac t

Repeal ele. and Savings