ACT No. X of 2010 AN ACT to protect the environment, to make provision for the planning and management of development and for the establishment of an authority with powers to that effect and for

(1) The short Title of this Act is the Environment and Short Title and

Commencement.

Development Planning Act, 2010.

(2) This Act shall come into force on such date as the

Minister may by notice in the Gazette establish, and different dates

may be so established for different provisions or different purposes

of this Act.

(3) A notice under subarticle (2) may make such

transitional provisions as appear to the Minister to be necessary or

expedient in connection with the provisions thereby brought into

force.

Article 6

Provisions with respect to the Authority and the Environment and Planning

Commission

1. The provisions of this schedule regulate the procedures to be used by the

Authority and the Environment and Planning Commission. For the purposes of this

Schedule, wherever the word “Authority” is used, it is to be constured as to include

the Environment and Planning Commission, unless the context otherwise requires.

2. The Authority may act notwithstanding any vacancy amongst its members,

provided there is a quorum present at the meeting.

3. The quorum of the Authority shall consist of the chairman or deputy

chairman and not less than half the number of the other members constituting the

Authority at the time of the meeting.

4. The meetings of the Authority shall be called by the chairman either on

his own initiative or at the request of any two members of the Authority; and the

Authority shall also meet at such times as it may itself decide.

5. The chairman, or the deputy chairman acting in his place, shall have an

original vote, and where the votes are equally divided, a second or casting vote. All

members of the Authority present at its meetings shall cast their vote in favour or

against any motion put to the vote.

6. Without prejudice to the provisions of article 16, a member of the

Authority who has a direct or indirect interest in any matter coming before the

Authority for consideration shall, not later than the first meeting held after the

relevant circumstances have come to his knowledge, disclose the nature of his

interest. Such disclosure shall be recorded in the minutes of the meeting and the

member

(a) shall not take part in any discussion or decision of the Authority

with respect to that matter; and

(b) shall be disregarded for the purpose of constituting a quorum for

any such discussion or decision.

7. All acts done by any person in good faith as a member of the Authority

shall be valid and effective as if he were a member even if some defect in his

qualification for appointment is subsequently discovered.

8. Subject to the provisions of this Act, including this Schedule, the Authority

may regulate its own procedure.

9. The meetings of the Authority shall be open to the public, and the

Authority shall allow the applicant and his representative, or any one of them, and

an interested third party who made representations in accordance with the provisions

of article 68(4), to make submissions on any matter under consideration. The

Chairman, at his absolute discretion, may also allow any other member of the public

to make submissions, subject to the power of the Chairman to exclude any member

of the public if it deems it necessary so to do for the maintenance of order and to

limit the participation of the applicant and his representative or of the interested

third party who made representations in accordance with the provisions of article

68(4) or the public as it may deem appropriate.

10. At the request of any member of the Authority, the deliberations of the

Authority shall be held in private but every vote shall be conducted in public. No

secret vote shall be allowed. Where the Authority votes against a recommendation,

if any, made by the Director, the Chairman of the Authority shall register in the

relevant file the specific environmental and planning reasons adduced by the

Authority.

11. The Authority shall decide and determine any matter under its

consideration during the first sitting at which such a matter is brought for

determination. The Authority may request the applicant to file fresh plans and

documents, in which case the Authority shall give reasons for such a request

provided that the substance of the matter under its consideration shall not change

and any person who has made written submissions on the application in terms of

article 68(4) shall be informed that such fresh plans and documents have been so

filed and shall also be invited to be present at the Authority’s sitting, as the case may

be, when such application shall be discussed. When the Authority puts off a decision

on an application either when the applicant is required to submit fresh plans and

documents, or for the furnishing of further information, in which case the Authority

shall give reasons for requiring such further information, or when the Authority

needs to consult in terms of article 45 in which case the Authority shall give reasons

for requiring such consultation, the Authority shall, during the meeting establish the

date for the next sitting for the determination of the application, such date being not

later than two weeks from the date of the meeting

Provided that the Authority may also delegate to the Chairman or any of its

members, the power to endorse any revised plans or documents relating to any

matter under its consideration.

In this Act unless the context otherwise requires

“advertisement” means any word, letter, model, sign,

placard, board, notice, device or representation, whether

illuminated or not, in the nature of and employed wholly or

in part for the purposes of advertisement, announcement or

direction, including any boarding or similar structure used or

adapted for use for the display of advertisements;

“agency of Government” means a body corporate

established by law and a company in which the Government

or such body corporate, or a combination thereof has a

controlling interest or which is a subsidiary of such a

company;

“application’’ means a permission or licence application;

“application report’’ means the final permission or

licence application report;

“the Authority” means the Malta Environment and

Planning Authority established under article 6 and includes

any body or other person acting on its behalf under powers

delegated by the Authority under this Act, and the Minister

may, by order in the Gazette, designate different bodies or

persons as a competent authority for different provisions

and different purposes of this Act or any Regulations issued

thereunder;

‘’biological diversity’’ or ‘’biodiversity’’ means the

variability among living organisms from all sources, including

inter alia, terrestrial, marine and other aquatic ecosystems and

the ecological complexes of which they are part, and includes

diversity within species, between species and of ecosystems;

“building” includes any structure or erection and any

part of a building, but does not include plant or machinery

comprised in a building;

“building or work” includes waste materials, refuse and

other matters deposited on land;

“building operations” includes rebuilding operations,

structural alterations of or additions to buildings, and other

operations normally undertaken by a person carrying on

business as a builder;

“the Chairman of the Board’’ means the Chairman of the

Authority appointed in terms of article 6;

“the Chief Executive Officer” means the officer

appointed under the provisions of article 13 of this Act

“conservation’’ in relation to environment protection

means a series of measures required to maintain or restore

the natural habitats and the population of species of wild

fauna and flora at a favourable status and for cultural heritage

means any activity required to maximize the endurance or

minimize the deterioration of any cultural property as far as

possible and includes examining, testing, treating, recording

and preserving any such cultural property or any part thereof;

“the Commission” means the Environment Planning

Commission established under article 35;

‘’derivatives’’ means parts of any specimen, whether

processed by man or not;

“development permission” means a permission to

carry out development granted by the Authority either on an

application in that behalf or in a development order;

“discharge’’ includes emission, deposit, dumping,

disposal, addition or introduction into the environment of

a substance or energy, directly or indirectly from any point

source or diffuse source, whether stationary or mobile, and

whether caused or permitted intentionally or otherwise and

whether continuous or intermittent or once only;

“energy’’ includes all types of radiation forming part

of the electromagnetic energy spectrum, or resulting from a

nuclear source, as well as all vibrations and noise;

“engineering operations” includes any physical changes

to the land surface to the site topography, or the formation or

laying out of roads and of means of access to roads;

“environment’’ means the whole of the elements and

conditions, natural or man made, existing on earth, whether

together or in isolation, and in particular

(a)

the air, water and land;

(b)

all the layers of the atmosphere;

(c) all organic and inorganic matter and all living

organisms;

(d) all ecosystems; and

(e)

the landscape;

“erection” in relation to buildings, includes extension,

alteration and re-erection;

“fauna’’ means all types of animals and other biota

including akaryotes, prokaryotes and eukaryotes, dead or

alive, in whole or in part and their derivatives;

“flora’’ means all types of plants and other biota

including akaryotes, prokaryotes and eukaryotes, dead or

alive, in whole or in part and their derivatives;

“functions” includes responsibilities, powers and duties;

“genetically modified organism’’ means any of the

following

(a) an organism derived from the formation of a

combination of genetic material by any means other than

natural means;

(b) an organism inheriting such combination of

genetic material;

(c) an organism that results from the replication

of an organism as derived in paragraph (a); or

(d) such other organism as may be prescribed by

the Minister under this Act;

“land” includes a building;

“local council’’ means a local council established under

the Local Councils Act;

“minerals’’ includes all minerals and substances

(including oil and natural gas) in or under land of a kind

ordinarily worked for removal by underground or surface

working;

“the Minister’’ means the Minister responsible for the

environment;

“natural resources’’ means any component of nature

and includes air, water, land, soils, minerals, energy, living

organisms and genetic resources;

“owner’’ means -

(a) a person who in his own right or as agent

for another is entitled to receive the rent of the land or,

where the land is not let, would be so entitled if it were

let;

(b) where the land is subject to usufruct, bare

owner or usufructuary;

(c) an emphyteuta;

(d) any one of the spouses, where the land

to which the development relates forms part of the

community of acquests;

“plan” means a plan approved in accordance with the

provisions of the Act;

“policy” means a policy approved in accordance with

the provisions of the Act;

“pollution’’ means the direct or indirect introduction

by man, or due to natural processes, into the environment

of substances, organism, genetic material or energy that

cause or are likely to cause hazard to human health, harm to

living resources or to ecosystems, or damage to amenities, or

interfere with other legitimate uses of the environment;

“position statement’’ means a statement issued by either

the Minister or the Authority in order to provide a detailed

technical explanation justifying a position with respect to a

specific planning issue;

“precautionary principle’’ means the principle whereby

appropriate measures are taken to protect the environment

and to ensure sustainable management of natural resources in

the absence of absolute or conclusive scientific proof of the

need for such measures;

“prescribed” means prescribed by regulation, rule, order

or other instrument made as provided in the provisions of this

Act empowering the making of any such instrument;

“public officer” has the meaning assigned to it by article

124 of the Constitution;

“road” means any highway or road, whether public or

private, and includes any street, square, court, alley, lane,

bridge, footway, passage or quay, whether thoroughfare or

not;

“scheduled buildings” has the meaning assigned to it by

article 81;

“specimen’’ means any species, whether alive or dead,

any part or derivative thereof, and includes any goods which

from an accompanying document, the packaging, mark

or label or from other circumstances appear to be parts or

derivatives of animals or plants;

“Standing Committee’’ means the Standing Committee

on Environment and Development Planning established in

terms of article 34;

“subsidiary plans’’ includes subject plans, local plans,

action plans or management plans;

“substances’’ means any matter, chemical, mixture,

compound or product and including fuels, combinations of

elements, mixtures or compounds of a chemical reaction,

as well as the mixture of substances of different molecular

identities;

“Temporary Provisions Schemes’’ means a planning

scheme prepared and approved in accordance with the

Building Permits (Temporary Provisions) Act;

“Tribunal” means the Environment and Planning Review

Tribunal established under the provisions of article 40 of the

Act;

“use”, in relation to land, does not include the use of

land by the carrying out of any building, engineering, mining

or other operations thereon;

“waste’’ means any thing, substance or object which the

holder discards or intends to discard, or is required to keep in order

to discard, and includes such other thing, substance or object as the

Minister may prescribe.

Part II

Duty to Protect the Environment

Article 41

Proceedings before the Environment and Planning Review Tribunal and

appeals therefrom

1. The application shall contain the grounds for the appeal and the request

of the appellant, and, in the case of an appeal from the refusal of a permission or

licence, it should include a copy of the application form and documents and plans

submitted for approval together with all documentation which is relevant for the

grounds of appeal, including a copy of the Authority’s decision appealed from. A

copy of the appeal and the ancillary documentation shall be communicated to the

Authority before the appeal is heard. The Authority shall file its reply within thirty

days of service upon it or within such time as established by the Tribunal. The reply

shall be served upon the appellant.

2. The appellant shall appear before the Tribunal either in person or by agent

on the day and at the time fixed for the hearing, make his submissions and produce

such evidence as the Tribunal may allow

Provided that the Tribunal may postpone the hearing of the appeal if it is

satisfied that the appellant was prevented from appearing before it owing to illness

or absence from Malta or other similar reasonable cause.

3. The Tribunal shall give the Authority an opportunity to make its

submissions in justification of its decisions, and bring such evidence as the Tribunal

may consider necessary.

4. The Tribunal shall have the power to summon witnesses and to administer

the oath to any person appearing before it. Should a witness duly notified by a

summons signed by the Chairman of the Tribunal fail to enter an appearance before

the Tribunal, such person shall be guilty of an offence and liable, on conviction, to a

fine (multa) of not less than five hundred euro and not more than five thousand euro.

5. The Tribunal shall have power to confirm, revoke or alter the decision

appealed against and give such directions as it may deem appropriate

Provided that the Tribunal may request the appellant to submit fresh documents

and plans, in which case the Tribunal shall give reasons for such a request provided

that the substance of the matter as presented before the Authority shall not change.

6. The decisions of the Tribunal shall be final and no appeal shall lie

therefrom except on a question of law only.

7. If the appellant or the Authority are dissatisfied with any point of

law decided by the Tribunal, they may appeal to the Court of Appeal (Inferior

Jurisdiction) by an application filed as provided in article 41.

8. All hearings of the Tribunal shall be held in public and all decisions of the

Tribunal shall be given in public.

9. Subject to the foregoing provisions and to the provisions of this Act, the

Tribunal shall regulate its own procedure.

10. The Minister responsible for justice may by regulations made under this

Schedule establish fees payable in the registry of the courts in relation to the filing

of judicial acts in connection with appeals before the Court of Appeal (Inferior

Jurisdiction) under this Act

Provided that until such fees have been so established by the Minister, the

fees contained in Schedule A to the Code of Organization and Civil Procedure shall

apply.

11. A registered third party in terms of article 68(4) of this Act shall be

informed by the Tribunal that an appeal has been filed and he may request the

Secretary of the Tribunal to register him as an interested third party in such

an appeal. Such a person shall have a right to address the Tribunal and may

be requested by the Authority or Commission to give evidence in the appeal

proceedings concerning the said appeal. Unless the Tribunal decides otherwise,

such a person may be present during all sittings of the Tribunal. Such a person

may not attend site inspections where the Tribunal enters upon the property of the

appellant if the appellant objects to the presence of such a person entering upon

his property. Such a person shall have a right to be given a copy of the Tribunal’s

decision with regard to those appeal proceedings for which he has been registered

with the Secretary of the Tribunal as interested third party. Such a person may not

file an appeal from a decision of the Tribunal before the Court of Appeal (Inferior

Jurisdiction).

12. When an appeal has been lodged by a person other than the applicant,

such a person need not prove that he has an interest in that appeal in terms of the

doctrine of juridical interest which doctrine shall not apply to such proceedings,

but he shall submit reasoned grounds based on environmental and,or planning

considerations to justify his appeal.

13. The Tribunal may deem an appeal as abondoned if the appellant shows

no interest in the appeal submitted by him.

14. The Tribunal may impose a fine of €2,500 in such cases were it declares

such proceedings frivolous or vexations and in such cases the Tribunal’s decision

shall be final without any redress before the Court of Appeal (Inferior Jurisdiction).

15. The Tribunal may impose such fees on the party making the request as

established for the carrying out of site inspections. Should the Tribunal decide to

hold such inspection at its own motion, it will be the appellant who will incur the

fee.

It shall be the duty of every person together with the

Government to protect the environment and to assist in the taking

of preventive and remedial measures to protect the environment

and manage natural resources in a sustainable manner.

Article 12

The Directorates of the Authority are

1. Environment Protection Directorate – which shall have the responsibility

of Environment Protection, the development and coordination of environmental

policies, plans, legislation and guidelines, the processing and determination

of applications for activities falling within the jurisdiction of the Directorate,

Environmental Audits and Environmental Assessments, the State of the Environment

Report, the educational aspects of the environment within the Authority, the

development of standards and the coordination of International and European Union

affairs.

2. Development Planning Directorate – which shall have the responsibility of

Development Planning, the development and coordination of development planning

plans and policies, the processing of applications relating to development planning

and the educational aspects of the development planning within the Authority.

3. Corporate Services Directorate - which shall have the responsibility for

providing common legal, financial, human resources and administrative services

that are required for the proper functioning of the Authority.

4. Enforcement Directorate - which shall have the responsibility for the

overall enforcement of the provisions of this Act and other laws and regulations

regulating the environment and development.

It shall be the duty of the Government to protect the

environment for the benefit of the present and future generations

and to that effect

(a) to manage the environment in a sustainable manner

by integrating and giving due consideration to environmental

concerns in decisions on socio-economic and other policies;

(b) to take such preventive and remedial measures

as may be necessary to address and abate the problem of

pollution and any other form of environmental degradation

in Malta and beyond, in accordance with the polluter pays

principle and the precautionary principle;

(c) to collaborate with other governments and entities

in the protection of the global environment;

(d) to disseminate information on the environment and

to facilitate the participation of the public in decisions that

affect the environment;

(e) to apply scientific and technical knowledge and

resources in determining matters that affect the environment;

(f) to ensure the sustainable management of wastes

and to promote its reduction and the proper use, reuse and

recovery of matter and energy;

(g)

to safeguard biological diversity;

(h)

to combat all forms of pollution;

(i) to consider the environment as the common heritage

and common concern of mankind; and

(j) to provide incentives leading to a higher level of

environmental protection.

Article 34

The Standing Committee on Environment and Development Planning

The plans and policies that the Minister shall refer to the Committee in

accordance with the provisions of article 34 (2) (c) are

a. Those plans and policies which refer to the land situate outside areas

designated for development as defined in the Structure Plan or in any other plan;

b. Those plans and policies which exclusively regulate height limitations and

restrictions thereon;

c.

Local plans, excluding minor amendments to such plans;

d. Policies relating to and regulating the certificate of development according

to permission.

e. The state of the Environment Report.

The provisions of articles 3 and 4 shall not be directly

enforceable in any court, but the principles therein contained are

this notwithstanding fundamental to the Government of Malta

and those principles shall be employed in the interpretation of the

other provisions of this Act or of any other law relating to matters

governed by this Act.

Part III

1. Administration

Article 42

The Registration Board

Consultants to carry out the following assessments have to be registered with

the Board

1. Environmental Impact Assessments;

2. Appropriate Assessments in relation to sites falling within a Special Area

of Conservation or a Special Protected Area;

3. Strategic Environment Assessments;

4. Assessments in relation to Scheduled property and sites;

(1) There is hereby established an authority, to be

known as the Malta Environment and Planning Authority which

shall consist of not less than thirteen and not more than fifteen

members, of whom one shall be the Chairman of the Authority.

(2) Save as hereinafter provided, the members of the

Authority shall be appointed by the Prime Minister as follows

(a) not more than three public officers representing

the Government being persons who have experience or

qualifications in matters concerning any of the following

planning, the environment, the infrastructure, social policy in

so far as it relates to land use, economic affairs, agriculture,

tourism and transport;

(b) not more than eight members (hereinafter called

the ‘’independent members’’) shall be chosen from amongst

persons of known integrity and with knowledge of and

experience in

(i) the Environmental Voluntary Organisations

sector and, or civil society;

(ii)

commerce, economy and industry ;

(iii)

cultural heritage;

(iv) and the rest being persons with knowledge

of and experience in matters relating to environment,

development, social and community affairs.

(3) Two members who shall be chosen form amongst

the chairpersons of the Environment and Planning Commission.

(4) Two members who shall be members of the

House of Representatives and of which one shall be appointed by

the Prime Minister and the other by the Leader of the Opposition

Provided that the Authority shall be properly constituted

and may function notwithstanding any failure to appoint either or

both members of the Authority under this subarticle.

(5) The chairman of the Authority shall be chosen by

the Prime Minister from amongst the independent members of the

Authority, and may occupy any other post within the Authority,

whereas the chairpersons of the Environment and Planning

Commission appointed as Members of the Authority shall be

appointed as Deputy chairpersons.

(6) Save as provided in subarticles (2),(3) and (4), no

person shall be qualified to be appointed as, or remain, a member

of the Authority if he

(a) is a public officer

Provided that the Chairman and the Chairperson

of the Environment and Planning Commission, shall not

be considered as public officers for the purposes of this

subarticle;

(b) is an employee of any department, agency,

Corporation or Authority of the Government, provided that

for the purposes of this paragraph a member of the academic

staff of the University shall be excluded;

(c) is a Minister, Parliamentary Secretary or a member

of the House of Representatives, of the European Parliament,

or of a local council;

(d) is a judge or magistrate of the courts of justice; or

(e) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his functions

as a member of the Authority

Provided that the Minister may determine that the

person’s interest is not likely to affect the discharge of his

functions and upon such determination that person shall

be qualified to hold the office of member of the Authority

provided that the declared interest and the Minister’s

determination are published in the Gazette; or

(f) is interdicted or incapacitated; or

(g) is convicted of an offence affecting public trust, or

of theft or fraud, or of knowingly receiving property obtained

by theft or fraud or of bribery or of money laundering; or

(h) is subject to disqualification under article 320 of

the Companies Act.

(7) The independent members shall hold office for

such period, being not less than three years, as may be specified

in the letter appointing them and if no such period is specified

shall remain in office for three years. In determining such period

of office the Prime Minister shall, as far as practicable, ensure a

measure of rotation.

(8) Without prejudice to the provisions of subarticle

(6), the independent members may resign by letter addressed to

the Prime Minister but may not be removed from office except

by a resolution of the House of Representatives on the ground of

misconduct or inability to perform the duties of their office.

(9) The other members of the Authority shall hold

office until they are replaced by the Prime Minister, and as long as

they remain public officers or members of the House, as the case

may require. Members of the House may also resign from office by

letter addressed to the authority appointing them.

(10) A person who has ceased to be a member of

the Authority shall if he is otherwise qualified, be eligible for re-

appointment; but no person shall in the aggregate be a member of

the Authority for more than seven consecutive years.

(11) The provisions of the First Schedule to this Act

shall apply to the Authority and regulate its proceedings.

(12) The Authority shall transmit a copy of the agenda,

minutes and relative enclosures of its meetings to the Minister for

his information.

Article 70

Applications which fall under the provisions of article 70

1. An application to regularise a development which exceeds the approved

footprint or, increases the approved volume of the building and is not part of a

registered livestock farm and is carried out after May 2008 in an area which falls

outside areas designated for development as defined in the Structure Plan or in any

other plan; or

2. An application to regularise a development in a scheduled property; or

3. An application to regularise a development carried out after May 2008

in an area protected under the provisions of this Act or any Regulation issued

thereunder.

(1) The Authority shall be a body corporate having

a distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any kind of property for the purposes

of its functions, of suing and being sued, and of doing all such

things and entering into all such transactions as are incidental or

conducive to the exercise or performance of its functions under this

Act, including the lending or borrowing of money.

(2) The legal and judicial representation of the

Authority shall jointly vest in the Chairperson and the Chief

Executive Officer

Provided that the Authority may appoint any one or

more of its other members or any one or more of its officers or

employees to appear in the name and on behalf of the Authority

in any proceedings and in any act, contract, instrument or other

document whatsoever, or in the case of any vacancy in the post of

Chairman or Chief Executive Officer.

(3) In the absence of the chairman, or if the chairman

is unable to perform the functions of his office, whether under

this or any other provision of this Act, any one of the deputy

chairpersons shall perform those functions and shall rotate the

chairmanship of the Authority between them as far as practical.

Articles 41 and 69

1. Applications which fall under the provisions of articles 41 and 69

(a) Development in an area which falls outside areas designated for

development as defined in the Structure Plan or in any other plan; or

(b) Development in a scheduled property grade 1 or grade 2; or

(c) Development in a property containing archeological remains; or

(d) In the case of demolition within Urban Conservation Area which

includes demolition of facade; or

(e) Development in an area protected under the provisions of this Act or

any Regulation issued thereunder.

2. Subparagraphs (b), (d) and (e) of paragraph (1) shall also apply in such

cases where the protection status of the site is still being proposed.

(1) The Authority shall be the principal means whereby

the Government shall implement its duties under this Act.

(2) The functions of the Authority shall be the following

(a) to perform and succeed in the functions,

assets, rights, liabilities and obligations of the Competent

Authority established under the provisions of article 3 of the

Development Planning Act and article 6 of the Environment

Protection Act;

(b) the formulation and implementation of policies

relating to the promotion of sustainable development,

protection and management of the environment and the

sustainable management of natural resources, and on such

other matters as may be necessary for the better carrying out

of the provisions of this Act;

(c) the promotion of proper planning and sustainable

development of land and at sea, both public and private;

(d) the control of such development in accordance with

plans and policies approved in terms of this Act;

(e) the carrying out of national mapping, including

carrying out land surveys of specific areas and keeping up

to date the national geographical database to undertake the

functions mentioned in this subarticle;

(f) the regulation of alignment and levelling schemes

and their interpretation on site.

(3) In carrying out its functions under subarticle (2) the

Authority shall

(a) seek to co-operate or to make arrangements with

other entities or persons to enable it to better monitor the

implementation of and compliance with the provisions of this

Act;

(b) establish long and short term objectives and

strategies;

(c) make or advise the Minister on the making of

environmental standards, guidelines and the making of

regulations under this Act as well as on the formulation and

implementation of contingency and emergency plans to

safeguard the environment;

(d) issue any licence or permit that may be required by

or under this Act under such conditions as it may, subject to

any other provision of this or any other law, deem necessary

to control and manage activities having an impact on the

environment;

(e) establish threshold levels of discharge from

production, management, use, possession or any other activity

involving products, substances and the production of or use of

energy;

(f) monitor the quality of the environment and for such

purpose establish methodologies, maintain and disseminate

information related to the environment; and

(g) publish, at intervals not exceeding three years, a

report on the state of the environment.

(4) For these purposes, and subject to the provisions of

this Act, the Authority shall be responsible for

(a) ensuring that Environmental Audits and

Environmental Assessments as may be prescribed are properly

carried out;

(b) the preparation of the plans and policies including

any other matter ancillary, incidental or conducive thereto,

and the updating thereof following their approval in terms of

this Act;

(c) the conduct of consultations with Government

departments, non-governmental organizations,

private

organisations and international organizations and other

persons relating to environmental protections and the

sustainable management of the environment and natural

resources and planning, and to undertake and promote

research on such matters;

(d) the provision of support and advisory services

relating to environment protection, to Government and local

authorities in relation to the performance of their functions;

(e) the provision of, either alone or in collaboration

with others, education, training and public awareness

programmes relating to environmental protection, and the

sustainable management of the environment and natural

resources;

(f) the publication and updating, as circumstances may

warrant, of an official manual containing such matters as the

Minister may prescribe and which shall be made available to

the public, provided that

(i) no policy or amendment thereto approved in

terms of paragraph (2) (b) shall have effect unless it is

approved in accordance with the provisions of this Act

and published in the official manual;

(ii) a policy or an amendment thereto, as the case

may be, shall be published in the official manual within

one month from the date of its approval in terms of this

Act;

(iii) the official manual may be published and

updated in electronic form or in any other format as the

Authority may approve;

(g) the performance of such other functions as may

from time to time be assigned to it by the Minister, including

the functions required to give effect to any international

obligation entered into by Malta relative to matters regulated

by this Act.

(5) In the execution of its functions under Part III and

Part IV of this Act, the Authority shall consult with the Minister,

and it shall have and may exercise all or any one or more of the

powers vested in it or entrusted to it by this Act.

(6) The Authority may also exercise all powers of

control over the environment and development as may from time

to time be delegated to it in writing by the Minister on behalf of

any department or agency of Government.

(7) It shall be the Minister’s function to ensure that the

Authority is fully informed of Government’s strategic directions

relative to development, and to monitor the proper execution of

such policies.

(8) The Authority shall execute its duties, functions

and responsibilities in accordance with Government’s strategic

directions relating to development and the environment as well

as such policies relating to the environment as are applicable to

Malta.

(9) In the pursuance of its functions under this Act, the

Authority shall, as far as possible, make reference to European best

practices and emulate them.

(10) The Authority shall also ensure that it keeps an

audit trail of all its files, including all documentation and reports.

Article 91

Category A

1. Development carried out prior to 1st January, 1993 within a Temporary

Provisions Scheme development boundary or a development boundary as indicated

in a local plan other than

(i) when such development consists in change of use; or

(ii) where such development is not in conformity with the alignment of

roads or buildings as specified in or interpreted from a Temporary Provisions

Scheme or local plan.

Category B

Passed by the House of Representatives at Sitting No. 249 of 30th June, 2010.

M ichael F rendo

Speaker

P auline A bela

Clerk to the House of Representatives

Saving the provisions of article 72 and subject to

retaining overall control and supervision, and otherwise observing

the provisions of this Act, the Authority may, with the approval

of the Minister, delegate any one or more of its functions under

this Act under such conditions as it may deem appropriate. In

particular, but without prejudice to the generality of the foregoing,

the Authority may delegate as aforesaid to, or exercise concurrently

with, the Commissioner of Police, or any local council, or any

other body, authority or contractor, any of the functions vested in

it in terms of Part VI of this Act and the Authority shall also have

the power to delegate any of its enforcement powers, including

the levying of penalties established in this Act, to local wardens

appointed in terms of the provisions of the Private Guards and

Local Wardens Act in terms of such procedure as the Minister

may in agreement with the Minister responsible for local councils

prescribe. Notice of any such delegation shall be published in the

Gazette.

The Authority may with the approval of the Minister

appoint advisory boards and committees to assist it in the

performance of its functions under this or any other law. The

functions of the said boards and committees shall be prescribed by

the Authority with the approval of the Minister.

(1) Subject to the other provisions of this Act, the

affairs and business of the Authority shall be the responsibility

of the Authority, but save as aforesaid, the executive conduct

of the Authority, its administration and organisation and the

administrative control of its Directorates and of its officers

and employees, shall be the responsibility of the Chief

Executive Officer of the Authority, who shall also have such

other powers as may from time to time be delegated to him by

the Authority.

(2) The Authority and each of the Directorates may

exercise any one or more of their functions or responsibilities either

directly or through any of their officers or employees authorised

for the purpose.

(3) Where in this Act anything is to be done by or

against or with respect to the Authority, or any notice is to be or

may be given to the Authority, any such thing or notice may also be

done by or against or with respect to or be given to the Directorates

under whose jurisdiction the matter falls by reason of a delegation

of function to such Directorate; and for the purposes aforesaid any

reference in this Act to the Authority includes a reference to the

appropriate Directorate.

(1) There shall be established the Directorates

designated in the Third Schedule which shall have the respective

responsibilities described in the same Schedule.

(2) The Authority shall in writing vest in the

Directorates established under subarticle (1) and subject to the

overall supervision and control of the Authority and of the Chief

Executive Officer, such of its functions as relate or are ancillary to

the matters for which they are responsible as will enable the said

Directorates to give effect to the strategies, policies and directives

of the Authority and to otherwise discharge effectively and

efficiently the functions of the Authority in their respective areas of

operation.

(3) Each of the Directorates established under

subarticle (1) shall be headed by a person having adequate

experience or knowledge in the respective area of operation who

shall either be a public officer detailed for duty with the Authority

or any employee of the Authority, or a person detailed to work for

the Authority in accordance with an agreement made between the

Authority and a public or private undertaking.

(4) Such Directors shall be appointed by the Authority

with the approval of the Minister for a period of three years which

may be extended for further periods of three years each.

(1) The Authority shall appoint a Chief Executive

Officer with the approval of the Minister. Such appointment shall

be for a period of three years which may be extended for further

periods of three years each.

(2) The Chief Executive Officer shall be responsible

for the implementation of the objectives of the Authority in the

exercise of its functions and without prejudice to the generality of

the foregoing shall -

(a) assume full responsibility for

the

overall

supervision and control of the Directorates;

(b) with the approval of the Authority, assign to the

Directorates such duties which are by, or in accordance with,

the provisions of this Act vested in such Directorates;

(c) co-ordinate the workings of the Directorates;

(d) develop the necessary strategies

for

the

implementation of the objectives of the Authority;

(e) advise the Authority on any matter it may refer

to him or on any matter on which he considers his advice

necessary or expedient; and

(f) carry out such other functions and duties as the

Authority may assign to him from time to time.

(3) The Chief Executive Officer may be dismissed by

the Authority at any time for a just cause and it shall be a just cause

if the Authority determines that he has not achieved the targets and

objectives set for him by the Authority.

(1) The Chief Executive Officer and each Director

shall, himself or his representative, have the right to be present and

participate at all meetings of the Authority, of the Commission and

of all the meetings held by all the boards and committees appointed

by the Authority

Provided that the Authority may if it so deems fit,

require the Chief Executive Officer or any of the Directors not to

attend any of the meetings or any part of a meeting.

(2) The Authority shall also appoint one of its officers

to act as secretary of the Authority. The secretary shall have the

duty of calling meetings and keeping minutes and such other duties

as the Chairman may delegate to him.

(3) The Authority shall also appoint one of its officers

as the Internal Auditor. The Internal Auditor shall

(a) provide oversight of the systems of internal control

and risk management of the Authority and to assist and

support the Authority in discharging its responsibilities in

relation thereto;

(b) provide the communication link with external

auditors and to evaluate and coordinate the audit and financial

reporting process of the Authority;

(c) scrutinize and evaluate any transaction to be entered

into by the Authority with a value exceeding two hundred and

fifty thousand euro (€250,000); and

(d) review and assess the effectiveness of the

management of the Authority in its compliance with policies

and in the discharge of its regulatory and compliance

functions;

(4) The Internal Auditor shall report directly and

exclusively to the Authority in accordance with procedures

established by the Authority.

(1) Subject to the provisions of the Constitution,

any other enactment applicable thereto, and without prejudice to

the other provisions of this Act, the employment and appointment

of officials and other employees of the Authority shall be made by

the Authority and the terms and conditions of their employment

and appointment shall be established by the Authority with the

concurrence of the Minister.

(2) The Authority may, with the approval of the

Minister given after consultation with the Minister responsible for

finance, establish a scheme or schemes, whether by contributory or

non-contributory arrangements or partly by one and partly by the

other, for the payment of pensions, gratuities and other like benefits

to its officers and employees on their retirement, death or injury, or

to their dependants.

(1) Where any member of the Authority, the Chief

Executive Officer or a member of the staff of the Authority, or a

consultant, advisor or other person engaged by the Authority,

has any interest in, or material to, any matter which falls to be

considered by the Authority, he shall -

(a) disclose to the Authority the nature of his interest

at the first meeting of the Authority after such interest is

acquired or in advance of any consideration of the matter,

whichever is the earlier, and in accordance with directives

issued from time to time by the Authority;

(b) neither influence nor seek to influence the

processing and the decision in relation to such matter;

(c) take no part in any consideration of such matter; and

(d) not attend nor participate in any meeting on such

matter.

(2) Where a question arises as to whether or not a

course of conduct, if pursued by a person, would constitute failure

by him to comply with the requirements of subarticle (1), the

question shall be determined by the Authority and the decision

and its motivation shall be recorded in the minutes of the meeting

during which the decision was taken and such person to be duly

informed.

(3) Where a disclosure is made to the Authority

pursuant to subarticle (1), particulars of the disclosure shall be

recorded in the minutes of the relative meeting.

(4) Where a person to whom subarticle (1) applies

fails to make the required disclosure, the Authority shall decide the

appropriate action to be taken which may include the removal from

office or termination of the contract of the person concerned.

The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may, in

accordance with article 15, determine, such officers and employees

of the Authority as may from time to time be necessary for the due

and efficient discharge of the functions of the Authority.

(1) The Prime Minister may, from time to time, direct Detailing of

that any public officer shall be detailed for duty with the Authority public

in such capacity and with effect from such date as may be specified Authority.

in the Prime Minister’s direction.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein, shall, unless the officer

retires from the public service, or otherwise ceases to hold office

at an earlier date, or unless a different period is specified in such

direction, end on the happening of any of the following events, that

is to say

(a) the acceptance by such officer of an offer of

transfer to the service of, and permanent employment with,

the Authority made in accordance with the provisions of

article 20; or

(b) the revocation of such direction by the Prime

Minister, in relation to such officer

Provided that in relation to a public officer detailed for

duty with the Authority with effect from such date as the

Prime Minister may in a direction as aforesaid establish, the

detailing of such public officer shall cease to have effect after

one year from the effective date of such direction, unless the

direction is revoked earlier by the Prime Minister.

(3) Where a direction as aforesaid is revoked by the Prime

Minister in relation to any officer, the Prime Minister may, by

further direction, detail such officer for duty with the Authority in

such capacity and with effect from such date as may be specified in

the Prime Minister’s direction, and the provisions of subarticle (2)

shall thereupon apply to the period of duration of such detailing by

any such further direction in relation to such officer.

(1) Where any public officer is detailed for duty

with the Authority under any of the provisions of article 18, such

officer shall, during the time in which such direction has effect in

relation to him, be under the administrative authority and control

of the Authority but he shall for all intents and purposes remain and

be considered and treated as a public officer.

(2) Without prejudice to the generality of the

foregoing, an officer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he is

so detailed -

(i) be precluded from applying for a transfer to

a department of the Government in accordance with

the terms and conditions of service attached to the

appointment held by him under the Government on the

date on which he was so detailed for duty; or

(ii) receive remuneration and be subject to

conditions of service which are less favourable than

those attached to the appointment under the Government

held by him on the date aforesaid or which would have

become attached to such appointment, during the said

period, had such officer not been detailed for duty with

the Authority; and

(b) shall be entitled to have his service with the

Authority considered as service with the Government for

the purposes of any pension, gratuity, or benefit under the

Pensions Ordinance and the Widows’ and Orphans’ Pensions

Act and for the purpose of any other right or privilege to

which he would have been entitled, and liable to any liability

to which he would have been liable, but for the fact of his

being detailed for duty with the Authority.

(3) Where an application is made as provided in

subarticle (2)(a)(i) the same consideration shall be given thereto as if

the applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with the

Authority as aforesaid during the period in which he is so detailed.

(1) The Authority may, with the approval of the Offer of

Prime Minister, offer permanent employment with the Authority permanent

to any officer detailed for duty with the Authority under any with the

of the provisions of article 18 at remuneration and on terms and Authority

conditions not less favourable than those enjoyed by such officer detailed for duty

on the date of such offer.

(2) The terms and conditions of any permanent

employment offered by the Authority under the provisions of

subarticle (1) shall not be deemed to be less favourable merely

because they are not in all respects identical or superior to those

enjoyed by the officer concerned on the date of such offer, if such

terms and conditions, taken as a whole, in the opinion of the Prime

Minister offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment Cap. 93

with the Authority offered to him under the provisions of subarticle Cap. 58

(1) shall, for all purposes other than those of the Pensions

Ordinance and of the Widows’ and Orphans’ Pensions Act, and

saving the provisions of article 44 of this Act, be deemed to have

ceased to be in service with the Government and to have entered

into service with the Authority on the date of his acceptance, and

for the purposes of the said Ordinance and of the said Act, so far

as applicable to him, service with the Authority shall be deemed

to be service with the Government within the meanings thereof

respectively.

(4) Every such officer as aforesaid who, immediately

before accepting permanent employment with the Authority was

entitled to benefit under the Widows’ and Orphans’ Pensions Act,

shall continue to be so entitled to benefit thereunder to all intents as

if his service with the Authority were service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer who has accepted permanent

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

(6) In the case of a public officer detailed for duty

with the Authority with effect from the date established under

the proviso to article 18 (2)(b) and who subsequently accepts

permanent employment with the Authority the foregoing provisions

shall apply subject to the following provisions of this article.

(7) For the purposes of the Pensions Ordinance the

pensionable emoluments on retirement of any public officer to

whom subarticle (6) applies shall be deemed to be the pensionable

emoluments payable to an officer in Government service in a grade

and at an incremental level corresponding to the post occupied and

incremental level on the date on which the officer retires from the

Authority.

(8) (a) The classification referred to in paragraph

(a) shall be carried out by a board composed of a chairperson

appointed by the Ministry responsible for finance and two other

members, one appointed by the Ministry responsible for personnel

policies in general in the public service and one appointed by the

Authority. The classification shall be subject to the final approval

of the Minister responsible for finance.

(b) Such classification shall take place within

three months of any adjustment of salaries of employees in

Government service and, or of employees of the Authority.

(c) Without prejudice to article 113 of the

Constitution, no person may, following a classification

as aforesaid, be entitled to rights under the said Pensions

Ordinance less favourable than those to which he would have

been entitled prior to such classification.

The Authority may engage such consultants or advisers,

as it may consider necessary to assist it in the fulfilment of its

functions.

(1) Without prejudice to the following provisions

of this article, the Authority shall so conduct its affairs that the

expenditure required for the proper performance of its functions

shall, as far as practicable, be met out of its revenue.

(2) For the purposes of subarticle (1) the Authority

shall levy all fees, rates and other payments prescribed or deemed

to be prescribed by or under this Act or any other law providing

for matters falling under the powers and functions vested in the

Authority by or under this Act.

(3) The Authority shall also be paid by Government

out of the Consolidated Fund such sums as Parliament may from

time to time authorise to be appropriated to meet the costs of

specified works or activities to be continued or otherwise carried

out by the Authority.

(4) Subject to such directives as the Minister may give

from time to time after consultation with the Minister responsible

for finance, any excess of revenue over expenditure shall be applied

by the Authority to the formation of reserve funds to be used for

the purposes of the Authority. Without prejudice to the generality

of the power of the Minister to give directives under this subarticle,

any directive given by the Minister as aforesaid may order the

transfer to the Government, or the application in such manner as

may be specified in the direction, of any part of the fees, rates and

other payments levied in accordance with subarticle (2).

(5) Any funds of the Authority not immediately required

to meet expenditure may be invested by the Authority in such

manner as may from time to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions

under this Act, the Authority may, with the approval in writing of

the Minister given after consultation with the Minister responsible

for finance, borrow, including by way of overdraft or otherwise, or

raise money in such manner, from such person, body or authority,

and under such terms and conditions as the Minister, after

consultation as aforesaid, may in writing approve.

(2) The Authority may also, from time to time, borrow,

by way of overdraft or otherwise, such sums as it may require for

carrying out its functions under this Act

Provided that for any amount in excess of one million

euro (€1,000,000) there shall be required the approval of the

Minister in writing.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Authority

of such sums as he may agree to be required by the Authority for

carrying out any of its functions under this Act, and may make

such advances on such terms and conditions as he may, after

consultation as aforesaid, deem appropriate. Any such advance

may be made by the Minister responsible for finance out of the

Consolidated Fund, and without further appropriation other than

this Act, by warrant under his hand authorising the Accountant

General to make such advance.

(1) The Minister responsible for finance may, for

any requirements of the Authority of a capital nature, contract or

raise loans, or incur liabilities, for such periods and on such terms

and conditions as he may deem appropriate; and any sums due in

respect of or in connection with any such loan or liability shall be a

charge on the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made

or incurred under the foregoing provisions of this article shall be

given to the House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is

mentioned in subarticle (1), or for the purpose of providing the

Authority with working capital, the Minister responsible for

finance may, by warrant under his hand, and without further

appropriation other than this Act, authorise the Accountant General

to make advances to the Authority out of the Treasury Clearance

Fund under such terms as may be specified by the Minister upon

the making thereof.

(4) The proceeds of any loan raised for the purposes

of making advances to the Authority, and any other moneys to be

advanced to the Authority under this article, shall be paid into a

fund specially established for the purpose and which shall be

known as the “Authority Loan Fund”.

(5) Sums received by the Accountant General from the

Authority by way of repayment of advances made to the Authority

under subarticle (3) shall be paid into the Treasury Clearance Fund

and sums received by the Accountant General by way of interest

on such advances shall be paid into the Consolidated Fund.

(1) The Authority shall cause to be prepared in every

financial year, and shall not later than four weeks before the end

of such year adopt, estimates of the income and expenditure of

the Authority for the following financial year distinguishing, in

particular, between each of such Directorates as may be established

under the provisions of this Act

Provided that the estimates for the first financial year of

the Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority

shall take account of any funds and other monies that may be due

to be paid to it out of the Consolidated Fund during the relevant

financial year, whether by virtue of this Act or of an appropriation

Act or of any other law; and the Authority shall so prepare the said

estimates as to ensure that the total revenues of the Authority are at

least sufficient to meet all sums properly chargeable to its revenue

account, including, but without prejudice to the generality of that

expression, depreciation.

(3) The estimates shall be made out in such form and

shall contain such information and such comparisons with previous

years as the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption

by the Authority, be sent forthwith to the Minister and to the

Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity

and not later than six weeks after he has received a copy of the

estimates from the Authority, approve the same with or without

amendment after consultation with the Minister responsible for

finance.

(1) No expenditure shall be made or incurred by the

Authority unless provision therefor had been made in the estimates

approved as provided in article 26.

(2) Notwithstanding the provisions of subarticle (1) -

(a) until the expiration of six months from the

beginning of a financial year, or until the approval of the

estimates for that year by the House, whichever is the earlier

date, the Authority may make or incur expenditure for

carrying on its functions under this Act not exceeding in the

aggregate one-half of the amount approved for the preceding

financial year;

(b) expenditure approved in respect of a head or

subhead of the estimates may, with the approval of the

Minister given after consultation with the Minister responsible

for finance, be made or incurred in respect of another head or

subhead of the estimates;

(c) if in respect of any financial year it is found that

the amount approved in the estimates is not sufficient or a

need has arisen for expenditure for a purpose not provided

for in the estimates, the Authority may adopt supplementary

estimates for approval by the Minister and in any such case

the provisions of this Act applicable to the estimates shall as

near as practicable apply to the supplementary estimates.

The Minister shall, at the earliest opportunity and not

later than eight weeks after he has received a copy of the estimates

and supplementary estimates of the Authority, or if at any time

during that period the House of Representatives is not in session,

within eight weeks from the beginning of the next following

session, cause such estimates to be laid on the Table of the House

of Representatives, together with a motion that the House approve

the said estimates. One sitting day shall be allotted for the debate

in the House on such motion; and both the motion and the approval

of the estimates by the House may be with or without amendment

to the estimates.

(1) The Authority shall cause to be kept proper

accounts and other records in respect of its operations, and shall

cause to be prepared a statement of accounts in respect of each

financial year.

(2) The accounts of the Authority shall be audited

by an auditor or auditors to be appointed by the Authority and

approved by the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts

of the Authority to be audited or examined by the Auditor General

who shall for the purpose have the power to carry out such physical

checking and other verifications as he may deem necessary.

(3) The Authority shall not later than three months

after the end of each financial year cause a copy of the statement of

accounts duly audited to be transmitted to the Minister and to the

Minister responsible for finance together with a copy of any report

made by the auditors on that statement or on the accounts of the

Authority.

(4) The Minister shall cause a copy of every such

statement and report to be laid before the House as soon as

practicable.

(1) All monies accruing to the Authority shall be paid

into a bank or banks appointed as bankers of the Authority by a

resolution of the Authority. Such monies shall, as far as practicable,

be paid into any such bank from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority,

other than petty disbursements not exceeding a sum fixed by the

Authority, shall be made by such officer or officers of the Authority

as the Authority shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank

account of the Authority shall be signed by such officer of the

Authority as may be appointed or designated by the Authority for

that purpose and shall be countersigned by the Chairperson or such

other member or officer of the Authority as may be authorised by

the Authority for that purpose.

(4) The Authority shall also make provision with

respect to -

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid, and the

transfer of funds from one account to the other;

(c) the method to be adopted in making payments out

of funds of the Authority, and generally with respect to any

matter which is relevant to the proper keeping and control of

the accounts and books, and the control of the finance, of the

Authority.

The Authority shall not award or enter into any contract Contracts of

for the supply of goods or materials or for the execution of

works, or for the rendering of services, to or for the benefit of the

Authority, except in accordance with regulations in force regulating

the procurement of all goods and services in the public sector.

The Authority shall, not later than three months after the

end of each financial year, make and transmit to the Minister and

to the Minister responsible for finance a report dealing generally

with the activities of the Authority during that financial year,

distinguishing, in particular, between each of such Directorates as

may be established under the provisions of this Act and containing

such information relating to the proceedings and policy of the

Authority as either of the said Ministers may from time to time

require. The Minister shall cause a copy of every such report to be

laid on the Table of the House as soon as practicable.

The Authority shall be exempt from any liability for

the payment of any tax on income or duty on documents for the

time being in force in Malta.

Part III

2. Committees, Commissions, Boards and Tribunals

(1) There shall be a Standing Committee on

Environment and Development Planning which shall consist

of five members appointed by the House, of whom three shall

be members supporting the Government, one of whom shall be

appointed as Chairman, and the other two shall be members from

the Opposition.

(2) The Standing Committee shall

(a) review any plan referred to the House of

Representatives in terms of this Act. The Standing Committee

shall also recommend to the House whether the plan should

be approved, with or without amendments, or rejected;

(b) discuss any report referred to it by the Minister

relating to the structure plan or any review thereof;

(c) discuss any other plan or policy referred to it by

the Minister and report thereon to Parliament. Such a report

may also include any dissenting opinion on the plan or policy.

The Minister shall take cognisance of the said report and shall

forward the report to the Authority for its consideration in the

determination by the Authority of the plan or policy if the said

plan or policy has not yet been approved by the Authority

Provided that where the said Standing Committee fails

to report to Parliament within the period by which it was

requested to do so, the Minister may request the Authority

to finalise the said plan or policy, and the Minister may also

approve the said plan or policy as forwarded to him by the

Authority.

(3) When notice of a motion, as is referred to in article

53(2), is given by the Minister, that motion shall be referred to

the Standing Committee of the House, and the said Standing

Committee shall discuss the said motion and report thereon to the

House.

(4) Not later than one month after a notice as is

referred to in subarticle (3) has been referred to the Standing

Committee of the House, the said Standing Committee shall discuss

the structure plan or any review thereof, and shall, not later than

one month after the said plan or review thereof has been referred to

it, report thereon to the House

Provided that where the said Standing Committee fails

to report to the House within the said period of one month, the

House may pass on to discuss the motion.

(5) Where the report of the Standing Committee on

a motion is unanimous, the House shall proceed to vote on such

motion and on any amendments that are proposed in the said report

without debate.

(1) There shall be a commission, to be known as Environment and

the Environment and Planning Commission, which may have Planning Commission.

such number of divisions as the Prime Minister may by order in

the Gazette prescribe. Each division shall deal with such types

of applications, not being specific to a geographical area, as the

Minister may after consulting the Authority prescribe

Provided that no two divisions thereof shall deal with

the same types of applications.

(2) Each division of the Commission shall be appointed

by the Prime Minister and shall consist of five members, included

its Chairman. Each division shall be composed of members chosen

from amongst persons of known integrity and with knowledge of

and experience in matters relating to environment and development.

The members of the Commission shall hold office for a period of

four years. They shall be eligible for reappointment of another term

of four years. The provisions of Subarticle (6) of Article 6 shall

apply to the members of the Commission, and its members may

also be removed by the Authority for reasons of gross misconduct

or breach of their duties.

(3) Subject to sub article (1) and to article 72 the

functions of the Commission shall be such of the functions of the

Authority with respect to environment and development control,

including enforcement, as the Authority may from time to time

delegate to it and require it to perform, subject to such conditions

as the Authority may deem appropriate.

(4) The decisions of the Commission including any

permission or licence issued by it, shall be deemed to be, and shall

have the same force and effect as the decisions of the Authority,

except in respect of matters which the Authority expressly reserves

to itself or requires to be referred to it for determination, and the

expression “decision of the Authority” wherever it appears in this

Act, shall be construed accordingly.

(5) The decisions of the Commission shall only be

binding if they are supported by the votes of not less than three

of its members; and they shall be published as soon as practicable

after the meeting at which they are taken.

(6) The Commission shall transmit to the Chief

Executive Officer and the Directors a copy of the agenda of its

meeting prior to the meeting and a copy of the minutes and relative

enclosures of its meetings immediately after the meeting. The Chief

Executive Officer and any Director, or his representative, may

attend the meeting of the Commission and may make submissions

on any matter under consideration.

(7) Subject to the foregoing provisions, and to any

rules that may be prescribed by the Authority, the Commission may

regulate its own procedures.

(8) The staff of the Commission shall consist of

officers and employees of the Authority detailed to service

the Commission; and the Authority shall further provide the

Commission, out of its own resources, with such other support as

the Commission may reasonably require to carry out its functions.

(9) The Commission may at any time draw up reports,

which shall be discussed by the Authority

(a) on any issue relevant to environment

and

development planning, including on any application;

(b) concerning the environment

protection

and

development control process; and

(c) on any subject which should be addressed by the

Authority by means of a new policy or an amendment to an

existing one.

(1) There shall be a Committee, to be known as Establishment of the

the Users’ Committee, which shall consist of not less than seven Users’ Committee

and not more than eleven members being not more than one

representative from each of the interested national constituted

bodies recognized by the Minister for the purpose of this article.

The Users’ Committee shall be autonomous from the Authority and

shall be appointed by and be responsible to the Minister to whom it

shall report at least every six months, or earlier as the need arises.

(2) The Users’ Committee shall supervise the general

functioning of the Authority particularly to ensure, in the interest of

the general public an expeditious and fair process and transparency

and uniformity in the Authority’s decisions and acts. For these

purposes the Users’ Committee shall monitor the running of the

Authority and shall propose, to the Authority or the Minister as

the case may be, such changes to administrative processes and

practices as it may deem appropriate.

(1) There shall be a committee to be styled the The Heritage

Heritage Advisory Committee, which shall consist of two panels.

(2) One panel shall deal with Cultural Heritage

and shall be known as the Cultural Heritage Panel, and shall be

constituted as follows

(a) a chairman and three other members appointed by

the Minister responsible for culture, and

(b) three other members appointed by the Minister after

consulting the Authority.

(3) One panel shall deal with Natural Heritage and

shall be known as the Natural Heritage Panel, and shall consist of

a chairman and six other members appointed by the Minister after

consulting the Authority.

(4) Four members of a panel shall constitute the

quorum at the meetings of a panel and eight members shall

constitute a quorum at a joint meeting of the two panels. The

chairman at a meeting shall have an original vote and, in the case

of equality of votes, a casting vote.

(5) It shall be the function of the panel, each in the

field dealt by it, to provide professional and expert advice to the

Authority on matters relating to the conservation of the cultural

and natural heritage in an integrated process. Each panel shall also

provide advice on the application process in particular with regard

to the conservation of property or areas that may be affected by an

application for permission.

(6) Each panel shall make available for public

inspection any recommendation made by it to the Authority

and shall, every six months, report to the Authority and to the

Committee of Guarantee set up under the Cultural Heritage Act.

(7) Each panel may call upon any person to give it

expert or professional advice on any matter being dealt by it.

(8) Either chairman shall convene a joint meeting of

both panels when matters affecting both the cultural and the natural

heritage are involved, and in such case the joint meeting of the two

panels shall be chaired by the chairman of the panel convening the

meeting. The provisions of subarticle (7) shall apply also to such

meetings.

(9) Subject to the foregoing provisions of this

subarticle and to any rules prescribed by the Minister with the

concurrence of the Minister responsible for cultural heritage, the

committee and the panels may regulate their own procedure.

(1) The Authority shall set up a fund, hereinafter

referred to as the Environment Fund.

(2) The Environment Fund shall be administered by

the Authority.

(3) The Environment Fund shall be used to finance

projects, programmes and schemes related to, and costs intended

to enforce and manage, the aims and objectives of this Act, as

well as works which may be needed for that purpose or to remedy

any harm caused to the environment in connection with any

contingency or emergency plan, or to finance such other activities,

including activities organised by nongovernmental organizations,

as the Minister in consultation with the Authority may prescribe

Provided that, without prejudice to the aforesaid, the

Environment Fund shall not be used to finance other costs of the

Authority

Provided further that the Authority may charge

the Environment Fund for any services rendered by it to the

Environment Fund.

(4) There shall be paid into the Environment Fund

(a) any sums appropriated by Parliament for the

purpose;

(b) any donations or grants made to the Environment

Fund by individuals or institutions;

(c) sums received by the Authority for the purpose of

being placed in the Environment Fund;

(d) such other sums or monies as may from time to time

be provided by or under this or any other law or regulations.

(5) The Environment Fund shall keep a proper account

of its revenue and expenditure and the Authority shall, without

prejudice to the powers of the Auditor General and of the Minister

responsible for finance under any law, each year cause the accounts

of the Environment Fund to be audited by suitably qualified Public

Auditors and Accountants appointed by it with the concurrence of

the Minister.

(6) The Environment Fund shall every financial year

deliver to the Minister, through the Authority, a copy of its duly

audited balance sheet together with a report of its activities during

the previous financial year. The Minister shall lay a copy of the

balance sheet and of the report on the Table of the House within a

month of the receipt of the same from the Authority.

(7) The revenue of the Environment Fund shall not

be subject to tax under the Income Tax Act and the Environment

Fund shall not be liable to tax under the Duty on Documents and

Transfers Act.

(8) The Minister after consulting the Authority may

make regulations prescribing the procedure to be followed by the

Authority and otherwise regulating the Environment Fund.

(9) The Authority may set up other funds and prescribe

what shall be paid into such funds and how the said funds shall be

administered and used. The provisions of subarticles (4), (5), (6),

(7) and (8) shall apply mutatis mutandis to such other funds.

(1) There shall be such officers, to be known as the

Mediators, whose function shall be to act as a mediator between an

applicant for permission or licence and the Authority.

(2) The Authority shall appoint a mediator at the

request of either the applicant for permission or licence or at the

request of any of the Chief Executive Officer or of Directors of the

Authority.

(3) There shall be a panel of Mediators appointed by

the Minister after consultation with the Authority and the Malta

Mediation Centre. A Mediator shall be appointed from among

persons versed in environmental matters or in planning or in

architecture and civil engineering or in any other relevant discipline.

(4) Subject to the foregoing provisions and to any

regulations made under subarticle (7), a Mediator may regulate his

own proceedings.

(5) No appeal shall lie to the Tribunal in terms of

article 41 from anything done by the Mediator.

(6) If a mediator has been appointed, all the

submissions in relation to the procedures that have or ought to

have been followed, including the commissioning of studies related

to the matter under the Authority’s consideration, shall be made

before the said mediator.

(7) The Minister may, after consultation with the

Authority, make regulations to give better effect to the provisions

of this article and, without prejudice to the generality of the

foregoing, he may

(a) establish the procedure to be followed by a

Mediator;

(b) prescribe those types of applications which an

applicant may not refer to a Mediator;

(c) prescribe the procedure to be followed by the

Director during consultation meetings with the applicant and

his representative;

(d) prescribe the procedure to be followed in the

formulation of an application report by the Director.

(1) There shall be a Tribunal, to be known as Environment and

the Environment and Planning Review Tribunal, consisting of Planning

three members, one being a person versed in environment or

development planning, who shall preside, and a lawyer and an

architect, each of whom shall be appointed by the President acting

on the advice of the Minister.

(2) The President, acting on the advice of the

Minister, may also appoint panels of members and in such case

the composition of the Tribunal for any one or more appeals

to be heard by it shall be the responsibility of the secretary to

the Tribunal who shall, as far as is practicable, determine such

composition on the basis of rotation.

(3) A member of the Tribunal shall be disqualified

from hearing an appeal in such circumstances as would disqualify

a judge in a civil suit; and in any such case the member shall be

substituted by another person either appointed for the purpose by

the President acting on the advice of the Minister or chosen from

the appropriate panel so appointed.

(4) The members of the Tribunal shall hold office for

a period of four years. They shall be eligible for reappointment of

another term of four years.

(5) In the exercise of their functions under this Act, the

Chairman and the members of the Tribunal shall not be subject to

the control or direction of any other person or authority, and may

be removed from office by the President acting on the advice of

the Minister for the reasons provided for in article 97(2) of the

Constitution.

(6) The Tribunal shall have an administrative

secretariat independent from the Authority, consisting of a

secretary and such other officers or employees as may be necessary

for a prompt and efficient determination of the matters within the

Tribunal’s jurisdiction. The secretary shall be appointed by the

Minister and the other members of the secretariat shall be chosen

and appointed by the secretary.

(7) The expenses incurred in connection with the

administration of the Tribunal, including the payment of the

honorarium to the Chairman and members of the Tribunal and the

salary of the Tribunal’s Secretary and the Tribunal’s staff shall be

paid out of the Consolidated Fund without the necessity of any

further appropriation.

(1) Subject to those articles which specifically exclude

the right to appeal before the Tribunal, and to articles 81(14), 82(4)

u 86 , the Tribunal shall have jurisdiction to

(a) hear and determine all appeals made by the

applicant or a person aggrieved by a notice issued under

the provisions of Part VI of this Act on any decision of the

Authority on any matter of development control, including the

enforcement of such control, or appeals made by any person

on any decision of the Authority relating to environment

protection, including environment assessments, access to

environmental information and the prevention and remedying

of environmental damage

Provided that the Authority shall not be construed as

any person for the purposes of this sub-paragraph;

(b) exercise such functions as are vested in it in terms

of Articles 48, 49, 57, 58, 63 and 77 and hear and determine

appeals made in terms of articles 42, 76, 77, 81, 91, 92 u 93

and such other functions assigned to it under the provisions of

this Act;

(c) hear and determine an appeal lodged by an

interested third party from a decision of the Authority on any

matter of development control, provided that

(i) such an appeal may only be made by an

interested third party who had submitted written

comments in terms of article 68(4) when the application

to carry out the development is published,

(ii) no appeal shall lie by an interested third party

from any development control decision concerning

a development which is specifically authorized in a

development plan,

(iii) a local council in whose locality the

development is intended to be carried out shall always

be deemed for all intents and purposes of law to be an

interested third party provided that the said council has

complied with the provisions of article 68(4) and it is

acting in the interests of the locality,

(iv) the Government and any department, agency,

authority or other body corporate wholly owned by the

Government shall always be deemed for all intents and

purposes of law to be an interested third party

Provided that the Authority shall not be construed

as an interested third party for the purposes of this sub-

paragraph.

(2) Unless otherwise provided under any provision

of this Act, an appeal may be lodged before the Tribunal within

thirty days from date of notification of the decision or order by the

Authority.

(3) In case of a development listed in the Seventh

Schedule, at the request of the appellant made concurrently with

the application for the appeal, through a partial decision, the

Tribunal may suspend the execution of the development, in whole

or in part, as approved by the development permit subject of the

appeal, under those terms, conditions and other measures it may

deem fit

Provided also that the application is not for a

development which, in the opinion of the Minister is of strategic

significance or of national interest, related to any obligation

ensuing from a European Union Directive, affects national security

or affects interests of other governments.

(4) In the cases referred to in subarticle (3), the

Tribunal shall hold its first hearing be within six working days from

receipt of the appeal, and shall not suspend the execution of such a

permit unless it is satisfied, after hearing all the parties, that unless

the execution of the permit is suspended the prejudice that would

be caused would be disproportionate when compared with the

actual doing of the thing so permitted or if the request is deemed as

frivolous or vexatious

Provided that the Tribunal shall justify the decision

suspending the execution of the development and shall grant its

final decision on the merits of the appeal within three months from

the date of the first hearing of the appeal

Provided further that the suspension of the execution of

such a permit may not be more than three months from the date

of the first hearing of the Appeal before the Tribunal, and the

suspension order shall be deemed to have elapsed ipso iure after

the lapse of such a period.

(5) In all other appeals, the first hearing of the Tribunal

shall be held within three months from receipt of the appeal.

(6) The decisions of the Tribunal shall be final. An

appeal by the appellant or any of the appellate parties to the appeal

shall lie to the Court of Appeal constituted in terms of article

41(6) of the Code of Organization and Civil Procedure from such

decisions only on points of law decided by the Tribunal in its

decision. An appeal from a partial decision of the Tribunal may

only be filed together with an appeal from the final decision of the

Tribunal. An appeal to the Court of Appeal (Inferior Jurisdiction)

shall be submitted within twenty days from when the decision

of the Tribunal is delivered in public and such an appeal shall be

regulated by the rules of court made under aticle 29 of the Code of

Organisation and Civil Procedure.

(7) The decisions of the Tribunal shall be binding if they are

supported by the opinion of two of its members, and the dissenting

member, if any, may express his opinion separately; and all

decisions of the Tribunal shall be delivered in public and shall be

published as soon as practicable after the sitting at which they are

given.

(8) Where a hearing is held by the Tribunal, other than in

those cases referred to in subarticles (3) and (4), advance notice

of not less than fourteen days shall be given of the first sitting of

the Tribunal to the parties, and those interested third parties who

registered their interest during the processing of the application

before the Authority, in such manner as the Tribunal may deem

appropriate or as may be provided in the Second Schedule

Provided that in cases of urgency the said time limit of

fourteen days may be abridged by order of the Tribunal if the

Tribunal is satisfied that the party requesting urgency has given a

valid reason in writing therefor.

(9) The sittings of the Tribunal shall be open to the

public, subject to the power of the Tribunal to exclude any member

of the public if it deems it necessary so to do for the maintenance

of order.

(10) The Tribunal may require any department or

agency of the Government to provide the Tribunal with such

information or advice as the Tribunal may deem necessary for the

proper execution of its functions.

(11) Subject to the above and to article 74, appeals to

the Tribunal and the conduct of the business of the Tribunal shall

be made in accordance with the rules contained in the Second

Schedule to this Act; and in the absence of such rules on any

matter, the Tribunal may regulate its own procedure.

(12) Where judicial proceedings are instituted against

the Tribunal before a court of civil jurisdiction, the Secretary

shall represent the Tribunal in such proceedings; and, saving the

provisions of article 46 of the Constitution and Article 4 of the

European Convention Act, no precautionary act may be issued

against the Tribunal by any court.

(13) The Tribunal, if it decides to grant a Permission

or licence may impose a penalty, the payment of fees and

contributions and other conditions, which the Authority may

impose when granting a permission or licence; and the Tribunal

shall ensure that it complies with the provisions of article 69 in

reviewing decisions of the Authority.

(14) When the Tribunal modifies a decision taken

by the Authority and orders the issue of a permission or licence,

or in any other manner changes the decision of the Authority, the

Authority shall, unless an appeal has been lodged to the Court of

Appeal (Inferior Jurisdiction) from the Tribunal’s decision, issue

the permission or licence or comply with the decision of the

Tribunal within one month from the Tribunal’s decision, or, if in

the Tribunal’s decision a condition has been imposed or a penalty

inflicted, within one month from compliance by the appellant with

such condition or payment of such penalty inflicted by the Tribunal

in its decision.

(1) There shall be a Registration Board whose

function shall be to evaluate applications for registration in

the Register of Consultants eligible to carry out environment

assessments and other assessments.

(2) The Board shall be composed of a minimum of

three members and a maximum of five members, one of whom

shall be the Chairman and who shall be appointed by the Minister.

(3) The members of the Board shall be independent

members and who are not involved in any way in the preparation of

environmental or other assessments falling within the jurisdiction

of the Board.

(4) The Board shall assess applications for such

registrations and approve those that meet the requirements for

registration. The Board shall give reasons for its decisions.

(5) The decision of the Board to grant or to refuse an

application for registration in the Register kept by the Authority

shall be notified in writing to the applicant without delay.

(6) The Board may direct the Authority to update the

Register at such regular intervals as it may deem fit by the inclusion

of other disciplines in the Register, which disciplines might have in

the meantime evolved.

(7) The decisions of the Board shall be final. An

appeal shall lie to the Tribunal only on the grounds that the Board

has, in its decision, wrongly applied the provisions of this Act or

any regulations issued thereunder, or the decision of the Board

constitutes an abuse of discretion or is manifestly unfair, and

without prejudice to the aforesaid, the discretion of the Board

may not, so long as it has been exercised properly, be queried by

the Tribunal. An appeal from a partial decision of the Board may

only be filed together with an appeal from the final decision of the

Board.

(8) The decision of the Board shall be binding if it

is supported by the opinion of a majority of its members, and the

dissenting member or members, if any, may express his opinion

separately; and all decisions of the Board shall be delivered in

public and shall be published as soon as practicable after the sitting

at which they are given.

(9) The Minister may, after consultation with the

Board, make regulations to give better effect to the provisions of

this article and, without prejudice to the generality of the foregoing,

(a) establish criteria that applicants are expected to

meet in order to qualify for registration;

(b) establish the procedure to be followed by a Board;

(c) prescribe a tariff of fees for registration with the

Board.

(1) The Registration Board may, out of its own Powers of the

motion, or at the request of the Authority, cancel any certificate Registration Board.

granted under the provisions of article 42 or refuse any application

for a renewal of the registration, when the holder of that certificate

(a) is found guilty by a court of criminal jurisdiction

of a crime being a crime committed through imprudence,

carelessness, un-skillfulness in an art or profession, or non-

observance of regulations; or

(b) is found guilty by a court of criminal jurisdiction

of any offence under the provisions of the Act or of any

regulations made there under; or

(c) has, in the opinion of the Authority and the Board,

submitted sub-standard or deliberately misleading work in an

assessment; or

(d) has participated in the preparation of an assessment

when he was not registered in the Register; or

(e) was the recipient of a certificate issued under the

provisions of article 42 based on information given by the

applicant which is false or misleading; or

(f) fails to pay the yearly renewal fee.

(2) Notwithstanding the provisions of subarticle (1)

of this article, the Board may opt for a suspension, rather than

cancellation of the certificate, in the circumstances specified in sub-

paragraphs (d) and (f) of subarticle (1).

(3) Notwithstanding the provisions of subarticle

(1) of this article, if a person participates in the preparation of

an assessment without being registered in the Register, he shall

subsequently be barred from registering or participating in any

assessments in Malta for a period to be decided by the Board which

period shall in no case be less than three years.

Part III

3. Common Provisions

(1) For the purposes of the Criminal Code and of any

provision of a penal nature in any other law, the members of the

Authority and of any committee, board, commission or other body

or office established by this Act, and every officer or employee

thereof, shall be deemed to be and be treated as a public officer.

(2) The members, officers and employees of the

Authority in the performance of their functions under this Act or

under any other law administered by the Authority, shall not be

liable for any loss or damage suffered by any person by reason of

anything done or omitted to be done in good faith in the course of

the administration of this Act or of any other law.

The Authority, any commission, committee, tribunal

or Board may consult with any officer of the Authority or any other

person or entity whose advice is considered relevant to any matter

under its consideration. Such consultations shall be duly recorded.

(1) Every member of the Authority, the Environment

and Planning Tribunal, the Environment and Development

Planning Commission, The Chief Executive Officer and each

Director shall submit a declaration of assets in accordance with the

procedures established for this purpose by the Minister.

(2) The Minister shall in consultation with the Authority and

the Environment and Planning Tribunal, issue, publish and review

a code about the conduct expected of the members of the Authority,

the members and officers of the Environment and Planning

Tribunal and of the Environment and Planning Commission and

any other committee, board, commission or other body established

by this Act, The Chief Executive Officer, Directors and officers of

the Authority in connection with the performance of the Authority’s

functions.

(3) The provisions of the code of conduct shall be taken into

account in deciding whether any such member or officer is unfit to

perform the duties assigned to him under this Act or whether his

term of office is to be renewed.

(4) The names of all the members of the Authority, and of any

committee, board, commission or other body established by this Act,

including the panels from which the Tribunal is constituted, and any

other change in such membership shall be published in the Gazette.

Part IV

Environment and Development Planning

1. Plans and Policies

Without prejudice to the provisions of this Act, the Plans, policies and

effective management and planning of the environment and regulations.

development shall be regulated by plans, policies and regulations,

which are prepared and amended from time to time in accordance

with the provisions of this Act.

(1) The Authority shall, either out of its own motion, Request by the

but after consultation with the Minister, or if so requested by the Minister

Minister, make a plan or a policy on any matter relating to the plan or policy.

environment and development planning.

(2) The Authority may also, either out of its own

motion, but after consultation with the Minister, or if so requested

by the Minister, review a plan or a policy which is already in force.

(3) The Minister shall, upon making such a request in

writing, send to the Authority the reasons for making such a request

together with a statement of goals and objectives to be attained by

the plan or policy or a revision of such plan or policy.

(4) The preparation and review of the structure plan

shall be regulated by the provisions of articles 51 to 53 whereas

the preparation or review of any other plan or policy shall be

regulated by the provisions of article 58

Provided that the Minister may, without prejudice to the

provisions of articles 51 to 53 and article 58, set out any additional

procedure that the Authority ought to follow, including the carrying

out of assessments, and may also carry out any assessments and,

or consultations, including public consultations, he may deem

necessary.

(5) If the Authority, upon a request by the Minister

in terms of subarticle (1), informs the Minister, within thirty days

of receipt of such a request, that it is unable, for whatever reason,

to prepare such a plan or policy, the Minister shall instruct the

Authority to delegate such functions in terms of article 9 with

regard to that particular plan or policy and in so doing it shall

ensure that the provision of this Part are complied with.

(1) Where the Authority is unable to prepare a

plan or policy or fails to delegate such function as is envisaged in

article 48(5), the Minister shall request any person, including any

government agency, other than the Authority, to prepare on his

behalf a plan or policy or a revision of such a plan or such policy.

(2) The Minister shall consult the Authority on the

terms of reference which are to form the basis of the preparation

of a plan or a policy or a revision of such plan or policy by the

said person. The Minister shall then furnish the said person with

the relative terms of reference and shall also indicate to the said

person the documentation which shall be presented to the Minister

when the plan, policy or a revision of such plan or policy is drawn

up. On receipt of such documentation, the Minister shall forward a

copy of such documentation to the Authority.

(3) The Minister shall also request the said person to

comply with article 58(2)(a) and (b) and, for the purposes of the

said paragraphs, the expression ‘’the Authority’’ shall be construed

as a reference to the said person and such person shall revise, if

necessary, the plan, policy or a revision thereof after taking into

consideration the representations he may have received in terms of

article 58(2)(b).

(4) If the Authority agrees with such a plan, policy

or revision thereof, it shall adopt it for submission to the Minister

for his approval; and the provisions of article 58(2) shall, mutatis

mutandis, apply.

(5) If the Authority does not agree with the said plan,

policy or revision of such plan or such policy, it shall draw up a

position statement indicating the changes to be made to the said

plan, policy or revision thereof and shall refer both the said plan,

policy or revision of such plan or such policy and its position

statement to the Minister; and the provisions of article 58(2) (i) to

(n) shall mutatis mutandis apply.

(6) The plan, policy or the revision of such plan or

policy shall only be prepared by or under the direction of an expert

in the environment or spatial planning having such qualifications as

the Minister may prescribe.

Without prejudice to his powers under the provisions Strategic Environment

of this Act, the Minister may direct that the Authority or any Assessment

department, agency, corporation or authority established by law

to subject any plan, policy or strategy adopted or planned to be

adopted by it to a Strategic Environment Assessment or any other

assessment, and may by regulations prescribe and regulate the

procedures and methods to be adopted in such assessments.

Part IV

2. The Strategic Plan for the Environment and Development

(1) The Strategic Plan for the Environment and The Strategic Plan

Development

(i) is a strategic document regulating the sustainable review.

management of land and sea resources;

(ii) shall be based on an integrated planning system

that ensures the sustainable management of land and sea

resources together with the protection of the environment;

(iii) must set out policies in relation to the development

and use of land and sea and shall be illustrated by diagrams as

necessary and accompanied by an explanatory memorandum

giving a reasoned justification for each of the policies and

proposals contained in the plan;

(iv) must ensure that

(a) plans, policies and programmes issued under

this Act are spatial, holistic and comprehensive so that

all factors in relation to land and sea resources and

related environment conservation are addressed and

included and to balance demands for development with

socio-economic considerations and the need to protect

the environment;

(b) sectoral policies, activities and inputs are

integrated and coordinated with each other, combining

the inputs of all disciplines and groups;

(c) all actions are based on a clear understanding

of the natural and legitimate objectives and needs of

individual land users;

(d)

it follows other national policies and plans.

(2) The Authority shall monitor the Strategic Plan for

the Environment and Development and review it as often as may

be necessary, provided such review does not take place within a

period of less than five years. Every such review shall be made

in accordance with the goals and objectives of a revision of the

Strategic Plan for the Environment and Development as may be

approved by Cabinet and take effect as provided in the following

provisions of this Part of this Act. In order to achieve the objectives

set out in this article, Cabinet shall take the necessary measures

intended to coordinate and improve the spatial impacts of other

sectoral policies and their relation to, or inclusion in, the Strategic

Plan for the Environment and Development.

(3) Notwithstanding the provisions of subarticle (2),

the Strategic Plan for the Environment and Development can be

reviewed in parts as the need arises by means of a Resolution of the

House of Representatives, and shall come into force in accordance

with the following provisions of this Part of this Act. Such a partial

review of the Strategic Plan for the Environment and Development

shall not adversely affect a development permission validly issued

in favour of any person before the date of the coming into force of

such a review.

(4) Cabinet may approve a statement of goals and

objectives to be achieved by a partial review of the Strategic Plan

for the Environment and Development, and, or, a proposal together

with a position statement with regard to that review. After such

approval, the Minister shall send to the Authority that statement of

goals and objectives, and, or, that proposal and position statement.

When the Authority receives that statement of goals and objectives

and, or, the proposal and position statement, it shall conform with

the procedure laid down in subarticles (5) to (7), if the matters

referred to therein have not already been carried out, in the same

manner as if the proposal had been initiated by the Authority;

and the provisions of subarticle (3) and of article 52 shall apply.

If the Authority disagrees with the Minister’s proposal or with his

position statement, it shall prepare its position statement indicating

the changes that it proposes or its reactions thereto. The Minister

shall then conform with the provisions of article 53 and, for the

purposes of article 52(1), the expression “representations’’ shall

include the Authority’s position statement.

(5) For the preparation or review of the Strategic Plan

for the Environment and Development the Authority shall carry out

surveys of those matters which affect the character and quality of

the environment, its conservation and its development, including,

but not limited to

(a) demographic considerations;

(b) the agricultural, industrial, commercial, touristic

and other existing and, or projected economic activities of the

country including the employment patterns arising therefrom;

(c) leisure and recreation;

(d)

social and community services and facilities;

(e) communications, traffic and transport;

(f)

public utility services;

(g) the conservation and preservation of natural and

man-made resources;

(h) the state of the environment report, nitrate

vulnerable zone mapping, flood sensitivity mapping,

other issues emanating from water, air quality and Waste

Framework Regulations;

(i) such other matters as may be required by the

Government or which may be deemed necessary by the

Authority.

(6) In preparing or reviewing the Strategic Plan for the

Environment and Development, the Authority shall have regard to

(a) the

current

economic

policies

affecting

development;

(b) the current social policies affecting development;

(c) the environmental policies affecting development;

(d) the policies of the Government with respect to the

matters set out in subarticle (5);

(e) the resources likely to be available for the

implementation of the plan;

(f) all possible land and sea-use options in selecting the

best use for a given area of land or sea.

(7) During the preparation or review of the Strategic

Plan for the Environment and Development the Authority shall

make known to the public the matters it intends to take into

consideration and shall provide adequate opportunities for

individuals and organisations to make representations to the

Authority.

(8) A partial review of the Strategic Plan for the

Environment and Development which is necessitated by the

adoption of or an amendment to a subsidiary plan need not comply

with the provisions of subarticles (5) and (6) if the matters referred

to therein and that are relevant to the partial review have already

been carried out in the preparation of the subsidiary plan.

(1) When the Strategic Plan for the Environment

and Development or a review thereof has been completed, the

Authority shall publish the plan together with a statement of the

representations it has received and the responses it has made to

those representations.

(2) The Authority shall invite representations on the

plan to be submitted to it within a specified period of not less than

six weeks.

(3) The Strategic Plan for the Environment

and Development, or any review thereof, together with all

representations made to the Authority, shall, as soon as practicable,

after the expiry of the period specified in subarticle (2), be referred

to the Minister.

(4) The Minister may refer back the Strategic Plan

for the Environment and Development, or review thereof to the

Authority where he does not agree with the Strategic Plan for

the Environment and Development, or any review thereof and he

shall prepare a position statement stating the changes he proposes

to it or his reactions to the Strategic Plan for the Environment and

Development, or review thereof.

(5) Where the Strategic Plan for the Environment

and Development, or any review thereof, has been referred back

to the Authority, the same procedure as far as practicable shall be

followed with respect to any further draft prepared and published

by the Authority, except that reference back to the Authority shall

not be made more than once.

(1) At the conclusion of the procedures set out in the Final consideration

foregoing provisions, the Strategic Plan for the Environment and and

Development, and any review thereof, shall be considered by the

Cabinet of Ministers together with the Minister’s position statement

and the representations made with respect to the plan or its review.

(2) Subject to article 34(2)(a), (3) and (4) , the

Minister shall then cause the Strategic Plan for the Environment

and Development, or a review thereof as originally prepared, or

as revised, by the Authority, together with the Minister’s position

statement, to be laid before the House together with a motion

for a resolution that the Strategic Plan for the Environment and

Development, be approved by the House, with such amendments,

if any, as may be specified in the resolution.

(3) The Strategic Plan for the Environment and

Development, and any review thereof as approved by the

House shall have effect as from such date as may be specified

for that purpose by the Minister by order in the Gazette; and for

the purposes of this Act, other than those provisions relative to

the preparation, consideration and submission of the Strategic

Plan for the Environment and Development, or its review, the

expression Strategic Plan for the Environment and Development

and any reference to a review thereof means the Strategic Plan

for the Environment and Development, and any review thereof, as

approved by the House of Representatives.

Part IV

3. Subsidiary Plans and Policies

(1) A subject plan is a plan that deals with a specific

environmental or development planning policy or matter setting

out detailed specifications intended for its implementation.

(2) A subject plan shall consist of a written statement

supported by such documents, maps and diagrams as may be

considered necessary.

(3) Except as otherwise stated in the plan, a subject

plan shall apply to all relevant areas of the environment and of the

Strategic Plan for the Environment and Development, whether or

not such areas are also covered by another plan or policy.

(1) A local plan is one which is made by the Authority

for any area where the Authority considers that the rate of

development or re-development cannot be satisfactorily managed,

or where special factors cannot be taken into account solely on the

basis of the Strategic Plan for the Environment and Development.

(2) A local plan shall consist of a map or maps of a

suitable scale supported by a written statement and by such

diagrams as may be necessary.

(1) An action plan or a mangement plan is made by

the Authority for an area where the Authority considers that it has

to pay particular attention in order to better manage it or where

special factors have to be taken into account which otherwise

connot be taken.

(2) An action plan may form part, or be the whole of, a

local plan.

(3) In addition to the information required to be

contained in a local plan, an action plan made in terms of

sub article (1)(b) shall also show the land which is in public

ownership and the land which is intended to be brought into public

ownership.

(1) Where the Authority considers that for the proper

and effective management and protection of the environment and

of development or for the proper protection and development of

land and sea it is necessary to prepare more detailed policies or

plans and guidance other than those already contained in a plan or

policy, the Authority may prepare and adopt such policies or plans

as it considers appropriate subject to the provisions of this article.

(2) Such policies or plans shall be in a form which

the Authority considers appropriate to the subject matter, and may

be supported by such documents, assessments, maps, diagrams,

drawings and illustrations as may be considered necessary by the

Authority.

(3) When the Authority adopts a policy or plan (be it

a new policy or plan or a revision of an existing policy or plan),

it shall refer it to the Minister for his approval and the procedure

mentioned in article 58(2) shall mutatis mutandis apply.

(1) In the preparation or review of a subsidiary plan or Procedure for

policy, the procedure set out in this article shall be followed with subsidiary

respect to the said plan or policy.

(2) Where the Authority prepares a subsidiary plan or

policy or review thereof as aforesaid, it shall seek the Minister’s

approval in terms of the following procedure

(a) during the preparation or review of a subsidiary plan

or policy, the Authority shall make known to the public the

matters it intends to take into consideration and shall provide

adequate opportunities for individuals and organisations to

make representations to the Authority;

(b) when the subsidiary plan or policy or a revision

thereof has been prepared, the Authority shall publish the

plan or policy together with a statement of the representations

it has received and the responses it has made to those

representations. The Authority shall invite representations

on the plan or policy to be submitted to it within a specified

period of not less than six weeks; where in such a subsidiary

plan or revision thereof it is proposed that any land be

excluded from a development boundary as indicated in a local

plan, the Authority shall publish in the Gazette and in two

local daily newspapers a notice showing the land that is to be

excluded

Provided that where minor modifications not affecting

the substance of a planning policy are being proposed, the

said period shall be a period of not less than three weeks;

(c) the Authority shall adopt the subsidiary plan or

policy after taking into consideration all the representations

submitted to it as aforesaid;

(d) the Authority shall refer the subsidiary plan or

policy to the Minister. It shall also forward to the Minister

(i)

the statement of representations;

(ii) the responses and amendments it has made as

a result of those representations;

(iii) a precise indication of all other amendments

it has made to the plan or policy; and

(iv) all the relative documentation and studies in

relation to the preparation of the subsidiary plan;

(e) the Authority shall also publish the plan or policy

and invite representations on the matters indicated in sub-

paragraph (iii) of paragraph (d) hereof to be submitted within

a specified period of not less than six weeks;

(f) the Authority shall adopt the subsidiary plan or

policy after taking into consideration all the representations

submitted to it as aforesaid and shall refer the subsidiary plan

or policy to the Minister for his approval. It shall also forward

to the Minister

(i)

the statement of representations;

(ii) the responses and amendments it has made as

a result of those representations;

(g) where the Minister agrees with the subsidiary plan

he shall approve it as submitted by the Authority and the

Authority shall upon such approval publish the same together

with the statements, responses, documentation and studies

referred to in paragraph (d) and (f);

(h) where the Minister does not agree with the

subsidiary plan as adopted by the Authority in accordance

with paragraph (f) hereof, he shall prepare a position

statement stating his proposed changes or his reactions

to the Authority’s subsidiary plan and shall refer back the

subsidiary plan to the Authority together with his position

statement; where in such a subsidiary plan or revision thereof

it is proposed that any land be excluded from a development

boundary as indicated in a local plan, the Authority shall

publish in the Gazette and in two local daily newspapers a

notice showing the land that is to be excluded;

(i) where the Authority does not agree with the

Minister following the referral back to it of the subsidiary

plan by the Minister, it shall draw up a position statement and

shall refer it back to the Minister;

(j) the Minister shall then issue a final position

statement. He shall forthwith communicate it to the Authority;

(k) the Authority shall forthwith amend the subsidiary

plan in accordance with the Minister’s final position statement

and submit the same for the Minister’s final approval;

(l) Upon such approval by the Minister, the Authority

shall publish the subsidiary plan together with its own

position statements and those of the Minister together with the

advice of the Tribunal given in terms of paragraph (n), if any,

and together with the statements, responses, documentation

and studies referred to in the preceding paragraphs;

(m) where the subsidiary plan or any part thereof

extends the scope of or is in conflict with the Strategic Plan

for the Environment and Development, the Minister shall

comply with the provisions of articles 51 to 53 with regard to

such subsidiary plan or any part thereof, provided that those

parts of the subsidiary plan that do not extend the scope of or

are not in conflict with the Strategic Plan for the Environment

and Development shall come into force on the date of

approval by the Minister;

(n) if doubt arises as to which procedure should be

followed in respect of a subsidiary plan or as to whether a

subsidiary plan or a position statement extend the scope of,

or are in conflict with, the substance of the structure plan, the

matter may be referred at any time by the Authority or by the

Minister to the Tribunal, provided that where the Authority

is of the opinion that the Minister’s final position statement

extends the scope of or is in conflict with the substance of the

Strategic Plan for the Environment and Development, it may

refer the matter to the Tribunal within one month from the

date of receipt of the Minister’s final position statement. The

Tribunal shall rule within one month from the date of referral

to it of the matter as to which procedure shall apply and the

decision of the Board shall be final.

(1) Every subsidiary plan or policy shall be reviewed

as frequently as may be necessary or as may be made necessary by

a review of the structure plan

Provided that subject to the provisions of subarticle (3)

hereof, a local plan may not be reviewed before the lapse of two

years from its last review unless such review is necessitated by a

review of the structure plan

Provided further that in the case of a partial review of the

local plan, the above-mentioned two-year moratorium shall only

apply to that part of the plan forming part of the partial review.

(2) Where as a result of such a review the Authority

proposes to alter a plan or policy in any significant respect, or

where it is proposed that a plan or policy be withdrawn, any such

proposal shall be subject to the same procedures, and shall be

treated, as a new plan or policy.

(3) Minor modifications not affecting the substance

of a local plan may be carried out by the Authority at any time

either on its own motion when it considers to do so in the interests

of proper planning of the area or following a minor modifications

application submitted to it by any person. Modifications shall not

be considered to be minor when they would alter the general thrust

of the plan or affect a development boundary indicated in a local

plan.

(4) For the purpose of subarticle (3), the following

shall be considered to constitute minor modifications

(a) changes in the alignment of roads and buildings in

a local plan; and

(b) changes in zoning, other than

(i)

changes in height limitations; and

(ii) changes in zoning of a site which is not

designated for the purpose of development.

(5) Where the Authority is considering a minor

modification in terms of sub article (4)(a), the provisions of article

68 shall apply mutatis mutandis to such a modification.

(6) Where the Authority is considering a minor

modification in terms of subarticle (4)(b), it shall follow the

following procedure

(a) where the proposal for such a minor modification

originates from the Authority itself, it shall comply with the

provisions of article 58(2);

(b) where the proposal for such a minor modification

originates in a minor modifications application, the Authority

shall publish such proposal and invite representations on the

said application within a specified period of not less than six

weeks. The Authority shall then decide the application after

taking into consideration all representations submitted to it.

The provisions of article 49 (4) and (5) shall also apply.

(7) No appeal from a decision concerning a minor

modifications application shall lie to the Tribunal.

Part IV

4. Regulations and Orders

Without prejudice to the provisions of article 6 of Power to make

the Interpretation Act, any power conferred by this Act to make include power to

regulations, rules, orders, lists, schedules and any other instrument revoke etc.

of like nature, includes the power from time to time to revoke,

replace, amend, alter or add to any such instrument as aforesaid.

(1) The Minister may, acting in accordance with the Power to make

provisions of article 62, make regulations for the better carrying Regulations.

out of the provisions of this Act and may in particular by such

regulations appoint the Authority or any person or body to be

the designated authority for the purposes of any international

obligation to which Malta may be a party.

(2) Without prejudice to the generality of the

provisions of subarticle (1) such regulations may, in particular

(a) prescribe the charges and fees that may be levied

by the Authority for services rendered by it under this Act, or

in respect of any matter for which it is considered that a fee

should be payable;

(b) provide for the procedure to be applied by the

Authority and the applicant before and after the submission of

an application for permits or licences under this Act, as well

as fees chargeable therefor, as well as the procedures to be

used by the applicant and the Authority in processing of the

said application, including, but not limited to, the advertising,

communication and vetting of the said application, and the

general conditions under which the Authority may require the

giving of financial guarantees or the provision of assurance

to make good for any damage that may be caused to the

environment by any activity which may require a licence

under this Act;

(c) prescribe what type of information held by the

Authority shall be accessible to the public as well as to

establish the procedure concerning access thereto and the

relative fees to be paid to obtain copies of such information;

(d) give effect to any international treaty or instrument,

including directives, regulations and decisions, relating to any

matter governed by this Act to which Malta may from time to

time be a party or subject and to set up structures and make

other provisions for the implementation thereof;

(e) establish, co-ordinate and enforce environment

quality control systems and make provisions for the carrying

out of assessments of environmental risks of both new and

existing establishments as well as to provide for the effective

prevention and remedying of environmental damage;

(f) provide for the collection, processing, comparison

and interpretation of data related to the environment and to

provide that such persons carrying out such activities that

may affect the environment as may be prescribed give such

information and data to the Authority in a regular or other

basis as may be prescribed in order to enable the Authority to

monitor and safeguard the quality of the environment;

(g) prescribe the techniques to be used in the

monitoring of the environment;

(h) prescribe, in collaboration with the Civil Protection

Department, the circumstances in which an environmental

emergency may be declared, and the effect of such a

declaration may have on any activity requiring a licence under

this Act;

(i) set objectives, issue directives and establish codes

of practice, all in relation to the environment, to the reduction,

reuse, recovery, treatment, storage and disposal of materials

as may be prescribed, to all human activity which effects the

environment and to ensure sustainable development, and such

regulations may in particular

(i) formulate objectives laying down quantitative

and qualitative terms, the goals to be achieved in the

effort to control the environment;

(ii) give directives with regard to such uses of the

environment as may be prescribed;

(iii) establish the maximum quantities or

concentrations of discharge or emission, or use of

such substances as may be prescribed during works,

undertakings or activities of any nature and ensure the

enforcement and monitoring of these standards;

(iv) establish codes of practice determining

procedures, methods, limits of discharge and emission

of substances applicable to works and activities as may

be prescribed both with regard to the time when such

works and activities are taking place as well as with

regard to the time when the works and activities have

been completed; and

(v) establish for the purposes of this Act, the best

available technique not entailing excessive cost with

regard to any work, activity or process;

(j) with regards to integrated pollution prevention and

control

(i) establish systems

which

ensure

such

prevention and control;

(ii) prescribe measures to control, prevent,

manage or reduce pollution and degradation of the

environment;

(iii) control the keeping, management, trading

in or use of substances and other activities which may

cause or facilitate pollution;

(iv) set standards including maximum of

permitted levels in quantitative or qualitative terms,

of discharge and emissions into the environment of

materials, substances or energy and with regard to the

use of any technology, equipment, matter, substance,

method or procedure in relation thereto;

(v) establish methodologies to be used in the

monitoring of discharge and emission of substances and,

or energy into the environment and to regulate the use of

information gathered during such monitoring;

(vi) prevent, control, reduce, remedy or otherwise

manage situations which may lead to environmental

emergencies and to prevent, control, reduce, remedy

or otherwise manage any adverse effects on the

environment resulting therefrom;

(k)

in relation to waste management

(i) classify waste and prescribing rules in relation

thereto in accordance with the type and category thereof;

(ii)

regulate

the

management

and

disposal

thereof;

(iii) establish quotas, in quantitative and

qualitative terms, of permitted generation of waste,

as well as otherwise provide for the prevention and

reduction of waste;

(iv) provide for the registration and, or, licensing

of waste management operations;

(l) in relation to the protection of biodiversity

(i) provide for the monitoring and management

thereof;

(ii) declare any species to be a protected species

and establish rules for its protection;

(iii) declare any species to be an invasive species

and establish rules for its control;

(iv) regulate the use of and otherwise protect

specimens of fauna or flora; and in particular prohibit

and, or, control possession, exhibition, artificial

propagation or captive breeding of such specimens of

flora and fauna as may be prescribed;

(v) provide for the conservation, protection and

management of protected sites and particular habitats

or categories thereof in order to safeguard biological

diversity;

(vi) declare any areas or sites on land or in the

internal or territorial waters, or beyond such waters

where Malta may have jurisdiction for the purpose of

the protection and control of the environment, to be

protected areas and to provide for their protection and to

regulate their management;

(vii) control and regulate any activity that may

interfere with the conservation status of biological

diversity;

(viii) regulate trade in and the transit, import

or export of specimens of flora and fauna as may be

prescribed;

(m) control, manage and regulate the transport,

introduction of, use (including contained use), release or

placing on the market or in the environment of genetically

modified organisms;

(n) in

relation

to

environmental

audits

and

assessments

(i) require any person conducting such activities

as may be prescribed or running or operating such

facilities as may be prescribed to carry out environmental

audits and assessments and to submit to the Authority

environmental audit and assessment reports; which shall

include

1. a detailed description of the activity or

facility;

2. a

detailed

description

of

the

environmental impact of the activity or facility;

3. plans to prevent and reduce risks of

adverse effects and to remedy any adverse effects

caused; and

4. a contingency plan to deal with any

emergency;

(ii) require any person to comply with any plan

provided for in 3 and 4 of subparagraph (i) hereof;

(o) in relation to development planning, in order

to regulate or otherwise provide for any matter relating to

development or other activities affecting land or sea, and

to give fuller effect to the provisions of this Act, and in

particular, but without prejudice to the generality of the

aforesaid

(i) regulate buildings and the construction,

demolition or alteration thereof, as well as any other

matter relating thereto, taking account of all relevant

considerations, including safety, aesthetics, health,

environment and sanitation;

(ii) prescribe the manner in which a building levy

or other charge made under this Act is to be established,

made, reviewed, collected, utilised or otherwise dealt

with;

(p) in relation to enforcement

(i) to authorise and regulate clamping, towing,

removal and storage by the Authority of any object

used for or in connection with anything contrary to

the provisions of this Act or any regulation issued

thereunder;

(ii) to exclude the Authority from any liability,

other than liability for gross negligence, incurred in

connection with the execution of its duties under the said

regulations;

(iii) providing for the disposal of such objects

when the said objects are not claimed by their owners

within such time as may be prescribed;

(iv) establishing fees payable to the Authority

for the removal of clamps, for towing, for the storage of

such objects and for the auction or other form of disposal

of such objects;

(v) establishing the circumstances where such

objects can be confiscated and to establish the relative

procedure for their confiscation and disposal;

(vi) establishing offences and the relative

punishments in relation to matters referred to in

paragraphs (i) to (v), which punishments shall not

exceed a maximum fine (multa) of twleve thousand

Euro; and

(vii) specifying the type of illegal activity the

provisions of articles 90 and 93 shall apply to and for

establishing the relative penalty.

(viii) article 21 of the Criminal Code and the

provisions of the Probation Act shall not apply to any

offence established under paragraph (vi);

(q) amend, substitute, add to or otherwise alter

anything contained in the Schedules to this Act;

(r) for any other purpose for which regulations are

authorized or required to be made otherwise than by the

Authority;

(s) prescribe the form of any notice, order or other

document authorised or required by this Act to be made,

served or given;

(t) to regulate how any notice or communication to

or from the Authority which in terms of this Act shall be in

writing may be made in electronic form;

(u) provide that any person who acts in contravention

of any regulation under this Act shall be guilty of an offence

against this article, and establishing such penalty, being a

penalty not greater than a fine (multa) of two hundred and

thirty three thousand Euro or to imprisonment for a term not

exceeding two years, or both such fine and imprisonment, to

which any person so guilty may be liable

Provided that such regulations may provide that a

person, who having been sentenced for an offence against the

same regulation by a judgement which has become absolute,

commits a further offence in contravention of the same

regulation within such time as may be prescribed, shall be

liable to pay a higher fine (multa), not exceeding double the

fine (multa) which would otherwise have been inflicted, and

for the purpose of this proviso the maximum fine that may

be established by such regulations shall be four hundred and

sixty six thousand Euro

Provided further that such fine shall in all cases be due

to the Government as a civil debt, and that where the person

guilty of the offence is a director, secretary or manager of a

body corporate for the economic benefit of whom the offence

was committed, such body corporate shall be liable in solidum

with the offender for the payment of the said civil debt; and

(v) prescribe any other matter that is to be or may be

prescribed.

(3) Notwithstanding the other provisions of this Act or

of any other law, Schedules annexed to regulations made under this

Act may be made or published in the English language only.

(1) Regulations under this Act shall be made by the

Minister after consultation with the Authority and except for

regulations under article 61(2)(a), (b) and (u) and in the cases

referred to in subarticle (2) hereof shall not be made unless a draft

of the said regulations has been issued for public consultation

thereby allowing any person a period of at least four weeks to make

representations to the Minister or to the Authority or to both stating

how in his opinion the proposed regulations could be improved to

reach their ultimate aim.

(2) The provisions of subarticle (1) with regard to

consultation with the Authority and with regard to the publication

of a draft of the regulations for public consultation shall not apply

in respect to any regulations, which the Minister declares to be

urgent or when a form of public consultation was carried out before

the date of coming into force of this Act.

(3) Any person may, in the circumstances referred

to in subarticle (1) in respect of draft regulations, not later than

six weeks after the promulgation of any regulations made in

accordance with subarticle (2) make submissions to the Minister

and, or to the Authority stating why and how the regulations should

be revoked or amended.

(4) The Authority shall consider any representations

made to it under subarticles (1) and (3) and shall report thereon,

after hearing such persons or taking such expert advice as it

considers expedient, to the Minister together with any other

views it may have on the draft published under subarticle (1) or

the regulations made under subarticle (2), and the Minister may,

upon receipt of the report by the Authority and any representations

received by him, proceed to revise the draft regulations and to

promulgate such regulations in accordance with such revision,

or to amend any regulations already promulgated; provided that

where the Authority has not after the lapse of four weeks after the

end of the period for representation referred to in subarticle (1)

has elapsed, not made the report or has not given its views to the

Minister, the Minister may proceed to promulgate the regulations

contained in the draft with or without changes as he may deem

expedient, without prejudice to the possibility of making any

changes upon the receipt of such report and views when made.

(5) When the Minister makes regulations concerning

the procedure before the Authority or any board, commission or

other body established under this Act, he shall also consult the

Authority or such board, commission or body

Provided that regulations concerning the procedure

before the Court of Appeal and appeals before it under this Act

shall be made by the Minister responsible for Justice who shall not

be required to consult with the Authority;

Provided further that regulations concerning the

establishment or variation of any fee shall be made by the Minister

with the concurrence of the Minister responsible for finance.

(1) The Authority may make orders regulating

development and other activities which may otherwise require

the submission of an application prior to their carrying out,

including any notification thereof, or any aspect thereof, in such

circumstances and under such conditions as may be specified in the

order, being development and activities within the scope of, and

not in conflict with, the proposals contained in any plan or policy

approved under this Act.

(2) An order shall be published in the Gazette and

shall have effect from the date specified or indicated therein. The

development or any aspect thereof regulated by such an order

shall be called “exempt works” or “exempt activity” and an order

regulating development shall be called “development order”.

(3) The provisions of article 58(2)(n) shall apply to an

order as they apply to subsidiary plans.

(4) An order may include works and activities of

a relatively minor or temporary nature, or works and activities

deemed compatible with the area in which they are being carried

out, and may include internal works, minor additions to existing

buildings, minor variations during construction, repairs to

dangerous structures, and reconstruction of damaged buildings

which repairs and reconstruction are to be carried out in the

existing style or according to development plans or planning

policies.

(5) The order may enable the Authority to require

the removal of an illegal development of whatever nature, or

the discontinuance of an activity has been carried out in breach

of the provisions of this Act and in contravention of any order

or provision aforesaid, and for applying any of the provisions of

this Act with respect to enforcement, subject to such adaptations

and modifications as may be specified in the order, or otherwise

provide for the enforcement of the order and of any notices issued

thereunder.

(6) The Authority shall periodically review the orders.

(7) Development orders shall be made and reviewed

by the Authority after consultation with the Chamber of Architects

and the Chamber of Planners.

(8) Works carried out under development orders, under

the supervision of a person holding a warrant of perit or under

the supervision of such other persons who are competent for the

purpose as the Minister may by regulations prescribe and where

required in the order, exempt works and activities, are to be notified

in writing to the Authority.

(9) An order may regulate

(a) development or an activity described as permitted

in an order which does not require that written notification of

such development or activity be given to the Authority;

(b) development or an activity described as permitted

in an order provided that written notification of such

development or activity is to be given to the Authority;

(c) development or an activity described as permitted

in an order provided that written notification of such

development or activity is to be given to the Authority and the

Authority has endorsed such development as being permitted.

(10) No new development or activity in terms of an

order may be carried out on a site if on the said site there exists an

illegal development of whatever nature, or if an activity has been

carried out in breach of the provisions of this Act, unless that new

development or activity is one which the Authority may prescribe

and which is covered by an order as mentioned in sub article (9).

(1) The Minister shall, in consultation with the Authority, Access to Information.

by regulations under this article provide that members of the

public or such categories of persons as may be prescribed shall be

entitled to request from such Government departments, authorities,

public corporations or other persons as may be prescribed such

information that they may have in their possession and relating to

the environment and development planning. Without prejudice to

the generality of the foregoing, such regulations may prescribe

(a) the nature of the information that may be

requested;

(b) the circumstances in which such information may

be requested;

(c) the circumstances in which such information may

be withheld by the requested entity and the publication of the

reasons for which such information is withheld;

(d) the fees that may be charged in respect of any such

information; and

(e) the time within which such information is to be

supplied.

(2) Without prejudice to the generality of subarticle

(1) hereof, the Authority shall keep and make available for public

inspection at such reasonable times as it may determine, a register

or registers

(a) of all applications for a licence or development

permission received by it containing the name of the applicant

and details of the proposal including documents and detailed

plans; and

(b) of all decisions including documents and detailed

plans made on such applications.

Part IV

5. Environment and Development Brief

(1) An Environment and Development Brief is

a document setting out detailed planning guidance for the

development of a specific site or small area where the Authority,

either of its own motion, or at the request of an applicant,

considers such guidance is necessary to secure proper and orderly

environmental management or development of that site or area, or

to implement a policy or policies in a plan.

(2) A brief shall consist of a written statement

supported by such maps and diagrams as may be considered

necessary.

(3) A brief shall contain guidance and information on

the following matters as may be considered necessary

(a) a description of the site and its location;

(b) guidelines on the development of the site, including

(i)

land uses and site layout,

(ii)

building form, heights and design,

(iii)

any building and landscape features to be

retained,

(iv)

access, parking and circulation requirements,

(v)

landscaping and nature conservation aspects;

(c) environmental matters and constraints including the

necessity of any environmental assessment;

(d) tenure of the site;

(e) services and infrastructure;

(f) the format and content of submission requirements;

(g) any other information which may be relevant to the

site and to the purpose of the development brief.

(4) The Minister may, after consultation with the

Authority, make regulations to give better effect to the provisions

of this article and, without prejudice to the generality of the

foregoing, he may

(a) establish the procedure to be followed by an

authority in its consideration and determination of the Brief;

(b) prescribe those matters on which a brief may be

prepared;

(c) prescribe a tariff of fees.

Part V

Environment Protection and Development Control

1. Requirement of licences and permission

No person shall carry out any of the following activities

unless he is in possession of a licence from the Authority

(a) in relation to biodiversity

(i) for whatever purpose, trade in, sell, buy,

exchange, transfer or dispose, transport, import, export

or re-export such specimens of flora or fauna, as may

be prescribed whether dead or alive in whole or in part,

including any derivatives thereof;

(ii) have such specimens of flora or fauna as may

be prescribed in transit;

(iii) have in his possession such specimens of

flora or fauna as may be prescribed;

(iv) handle such specimens of flora and fauna as

may be prescribed, in any manner including the ringing

and tagging thereof;

(v) mount/stuff, trap, shoot or capture such

specimens of fauna as may be prescribed;

(vi) deliberately pick, collect, cut, destroy, kill,

pursue, take, damage, capture such specimens of flora or

fauna as may be prescribed;

(vii) uproot, fell, prune or carry out any surgical

interventions on such specimens of flora as may be

prescribed;

(viii) use prohibited means of capture and killing

as may be prescribed;

(ix) manage invasive and alien species as may be

prescribed;

(x) introduce or reintroduce species as may be

prescribed;

(xi) carry out activities in protected areas

considered to have an effect on biological diversity and

the integrity of the site;

(xii) carry out any activity which goes counter

to the principles of ecological restoration or species

and protected area management, as may be prescribed,

including but not limited to

a) activities which are expected to cause

permanent alterations to the protected area,

b)

afforestation or planting,

c)

activities expected to generate noise and

light,

d)

activities involving fires/fireworks,

e) activities considered to have an effect on

biological diversity,

f) off-roading activities or events;

(xiii) modify, endanger the stability of or

demolish rural structures affording a habitat for flora and

fauna as may be prescribed;

(xiv) manage biological diversity as may be

prescribed;

(b)

in relation to waste management

(i) store, treat, collect, transfer, recover or

otherwise manage or handle such waste as may be

prescribed;

(ii) act as broker for the carrying out of the

functions mentioned in paragraph (i);

(iii) trade in, import or export waste;

(iv) have such waste as may be prescribed in

transit;

(v)

operate waste management facilities;

(c) in relation to pollution control, conduct

operations that discharge or cause or permit to be discharged

such substance or energy as may be prescribed into the

environment;

(d) in relation to genetically modified organisms

(i) trade in genetically modified organisms;

(ii) manage or otherwise have in his possession

genetically modified organisms;

(e) in relation to any other activity as may be prescribed

by regulations.

(1) Subject to the provisions of this article and to the

following provisions of this Part of the Act, no development shall

be carried out except with development permission.

(2) For the purposes of this article, and, unless the

context otherwise requires, for all other purposes in this Act,

“development” means the carrying out of building, engineering,

quarrying, mining or other operations for the construction,

demolition or alterations in, on, over, or under any land or the

sea, the placing of advertisements, or the making of any material

change in use of land or building other than

(a) maintenance operations, which affect only the

interior of a building or do not materially affect the external

appearance of the building

Provided that such maintenance works are not contrary

to any order made under this Act in relation to the building;

Provided further that maintenance operations shall

not include demolition and rebuilding works, irrespective of

where such demolition and rebuilding works are carried out;

(b) the use of land for agriculture, animal husbandry

and forestry (including afforestation), except where such use

consists of

(i) the erection of buildings or amounts to

intensive raising of crops or animals; or

(ii) the reclamation of land for agriculture by the

deposit of material on such land; or

(iii) the conversion to agricultural use of land

which is not currently used for agricultural purposes;

and

(c) in the case of buildings or other land that are used

for a purpose of any class specified in an order made by the

Authority under this Act, the use thereof for any other purpose

of the same Class.

(3) For the purpose of this article

(a) the use of a building resulting in an increase

or a reduction in the number of dwelling units in which

the building was previously used; or

(b) the deposit of materials on land; or

(c) the use for the display of advertisements of

any external part of a building that is not normally used

for the purpose,

involves a material change in the use of that building or land, or

part thereof, without prejudice, in the case of advertisements, to any

regulations or order made under this Act with respect to their control.

(4) For the purpose of this article, development

includes clearing of valleys from accumulated sediment and

development in relation to the sea includes land reclamation from

the sea, aquaculture and beach developments and their related uses.

(1) Any person, including a department of government Application for

or a body corporate established by law, wishing to carry out permission.

any activity referred to in article 66 or a development referred

to in article 67, not being an activity or development for which a

licence or permission is given in an order and to be carried out in

accordance with the provisions thereof, shall apply to the Authority

for such licence or permission, in such manner, on such form and

giving such information as the Authority may prescribe.

(2) Any person may also apply to the Authority for

a determination as to whether a proposal requires a licence or

development permission.

(3) An applicant for development permission shall

certify to the Authority that

(i)

he is the owner of the site or that he has

notified the owner of his intention to apply by registered

letter of which a copy has been received by the Authority

and that the owner has granted his consent to such a

proposal, or

(ii) he is authorised to carry out such proposed

development under any other law or through an

agreement with the owner

Provided that where

(i) the applicant is the Government of Malta,

or any department, agency, authority or other body

corporate wholly owned by the Government; or

(ii) the applicant is not the owner of the site, but

he holds the site under title agricultural lease, or holds

the premises under a title of lease and he is carrying

out the works under a scheme of a Government entity,

the applicant must still notify the owner of his intention

to apply by registered letter of which a copy has been

received by the Authority, but need not certify that the

owner has granted his consent to such a proposal.

(4) Any person may declare an interest in a

development and, on the basis of issues relevant to environment

and planning, make representations on the development. Such

declaration of interest and representations shall be in writing and

is to be received by the Authority within such period as established

by the Authority.

(5) During the processing of the application, the

Authority shall consider representations made by interested

registered parties in accordance with the provisions of subarticle

(4).

(6) The Authority shall inform the registered interested

parties where fresh plans have been filed and the registered

interested party shall be notified of the Authority’s sitting when

such application shall be discussed

Provided that such submissions may be made in

any format deemed appropriate by the Authority, and shall

include submissions received by post or by hand and electronic

submissions

Provided further that if the last day for submissions

as set out by the Authority is a public holiday or a day when the

offices of the Authority are closed for the public, the time limit for

such submissions shall be deemed to expire on the next following

working day.

(1) In its determination upon an application the

Authority shall

(a) with respect to an application for a development

permission apply the following

(i) plans

Provided that the height limitation may only be

modified by applying a policy which deals with the

maximum building height which may be permitted on

a site, which policy may take into consideration the site

coverage, the building volume which may be permitted

on a site or any other material consideration;

(ii) policies

Provided that subsidiary plans and policies shall not

be applied retroactively so as to adversely affect vested

rights arising from a valid development permission;

(b) with respect to any other application apply such

plans, policies and regulations issued under this Act as it may

deem relevant and appropriate.

(2) In its determination upon an application the Authority

shall also have regard to

(i) any other material consideration, including,

environmental, aesthetic and sanitary considerations,

which the Authority may deem relevant

Provided that no such material consideration

including commitment from other buildings in the

surroundings may be interpreted or used to increase the

height limitation set out in a plan;

(ii) representations made in response to the

publication of the development proposal.

(3) The Authority shall have power to grant or to

refuse a licence or development permission, and in granting such

licence or permission the Authority shall be entitled to impose such

condition which it may deem appropriate

Provided that upon a refusal or the imposition of

particular conditions, the Authority shall give specific reasons

based on existing plans, policies and regulations or other material

considerations for such refusal or for any particular conditions that

may have been imposed

Provided further that the execution and validity of a

permit in case of a development mentioned in the Seventh Schedule

shall be automatically suspended and no works as approved by the

said development permit may commence before the lapse of the

time period established in paragraph (1) of the Second Schedule of

the Act, and shall remain so suspended until the Tribunal appoints

its first hearing on an appeal from such a permit, if any, under

the provisions of article 41(3), and this without prejudice to the

provisions of article 41(3).

(4) A licence or a development permission may be

granted for a limited period or in perpetuity, but shall in all cases

cease to be operative if activity or development has not been

completed within five years of its issue, provided that the Authority

may, on the application of the person holding the licence or

development permission, extend the said licence or permission to

such further period or periods as it may consider reasonable.

(5) In granting a licence or development permission,

the Authority may require the activity or development to be

completed within a specified period of time as it may establish

provided that the Authority shall state the reasons justifying such

requirement.

(6) Except as may be otherwise provided in the

permission, a development permission shall ensure for the benefit

of the land and for all persons for the time being interested therein,

but without prejudice to the other provisions of this Act affecting

its validity or operation. The permission shall automatically pass

on to new owners.

(7) In granting a licence or development permission,

the Authority may require the applicant to carry out the activity or

development in stages. The Authority shall inform the applicant

in the said licence or permission which are the said stages and,

following the completion of each stage, the applicant shall request

the Authority to carry out an inspection of the activity or works

carried out; and, if following such an inspection, it is found that the

activity or works have been carried out in terms of the licence or

development permission, the Authority shall authorize the applicant

to carry out the next stage of the activity or development.

(8) Where the Authority, in the case of major projects,

considers it appropriate to closely monitor specific conditions

in a licence or development permission by appointing a person

competent for the said purpose, it shall do so at the expense of the

applicant.

(9) Without prejudice to the provisions of this

article, where an application to develop land consists in the

mining of minerals the Authority may, and, where planning and

environmental standards so require, shall, require the applicant to

provide a scheme for the treatment of the working and surrounding

areas during the working period and for the treatment of the said

areas when working is completed.

(10) The Authority shall not grant permission for

the mining of minerals unless it is satisfied that planning and

environmental standards will be met and the site will be kept and

eventually left in acceptable conditions.

(11) Where the Authority has required a scheme to be

submitted as provided in subarticle (1), the scheme, as accepted by

the Authority, shall be made a condition of any permission granted

by it; and the Authority shall further require such guarantees to

be given by the applicant as it deems necessary to ensure that the

scheme will be adhered to.

(1) In any case in which the Authority may under this Supplementary

Act grant permission to develop land, other than in the case of a Provisions

development listed in the Sixth Schedule to the Act, it may grant licences.

permission for the retention on land of any buildings or works

constructed or carried out thereon, or for the continuance of any use

of land, without permission under this Act or after such permission

has ceased to be valid or operative; and references in this Act to

permission to develop land or carry out any development on

land, and to applications for such permission, shall be construed

accordingly

Provided that any application or permission under this

subarticle shall not be processed or granted unless the applicant or

his predecessor in title has

(a) forthwith upon being required so to do, ceased to

carry out any works he was required to interrupt; and

(b) paid such fines or made such other payments as

may be due on the site subject of the application.

(2) A permission under this article may be granted so

as to take effect from the date on which the buildings or works

were constructed or carried out or the use was commenced, or

from the date the development permission ceased to be valid or

operative, as the case may be.

(3) A development permission may specify the

purposes for which a building may be used; and if no purpose is

specified the permission shall be construed as including permission

to use the building for the purpose for which it is designed.

(4) Where a development permission is given for

a limited period only, nothing in this Act shall be construed as

requiring permission to be obtained thereunder for the resumption,

at the expiration of that period, of the use of the land for the

purpose for which it was normally used before the permission

was granted, but no account shall be taken of any use made in

contravention of this Act.

(5) The Authority may, prior to the issue of or in

issuing a development permission or licence, demand from the

person in whose favour the permission or licence will be issued, as

a condition for the issue of the development permission or licence,

to provide a bond in favour of the Authority in order to guarantee

compliance with the conditions of the permission or licence once

issued, or in order to guarantee payment in respect of damages

which may be caused to the environment or to the infrastructure.

The Authority may, after the issue of a development permission or

licence, if the development or activity is not being carried out in

accordance with the permission or licence, or is otherwise causing

damage to the environment or the infrastructure, demand the said

person in whose favour the permission or licence has been issued,

as a condition for the continuance of the development permission

or licence, to provide a bond in favour of the Authority in order

to guarantee compliance with the conditions of the permission or

licence, or in order to guarantee payment in respect of damages

which may be caused to the environment or to the infrastructure

Provided that nothing in this subarticle shall be

interpreted as authorizing the Authority to demand a bond in an

amount not commensurate with the nature of the development

project or activity

Provided further that such a bond may only be forfeited

by the Authority if there is clear evidence that the applicant has

not complied with the conditions of the development permission

or licence and the reasons for forfeiting the bond shall be

communicated in writing to the applicant.

(1)

Decisions on applications shall be taken without

delay.

(2) The Minister may, after consultation with the

Authority, make regulations to give better effect to the provisions

of this article and, without prejudice to the generality of the

foregoing, he may

(i) establish the procedures to be used by the Authority

and the applicant in the processing and determination of

applications;

(ii) establish the procedures to be used by an applicant

prior to the submission of an application;

(iii) establish time limits within which submissions

have to be made and decisions have to be taken and

communicated.

The Authority shall not delegate to the Commission Applications the

or to any other body or person the determination of the following decisions

applications

(a) applications in respect of an activity or development

of a national or strategic significance or affecting matters of

national security or other national interests;

(b) applications in respect of and activity or

development which could affect the interests of other

governments;

(c) applications in respect of development which is

subject to an environmental impact statement;

(d) requests for reconsideration where the decision to

be reconsidered was taken by the Authority itself.

(1) If an applicant considers that conditions imposed Reconsideration.

upon a licence or a development permission is unreasonable, he

may, without prejudice to his right of appeal, request the Authority

or the Commission, as the case may be, to reconsider such

conditions.

(2) A request for a reconsideration shall be made within

thirty days from notification of the decision of the Authority or of the

Commission, as the case may be, and may not be made concurrently

with an appeal. The request for a reconsideration shall include a

written document containing the reasons for such a request.

(3) The Authority shall inform the registered interested

parties where a request for a reconsideration has been filed and the

registered interested party shall be notified of the Authority’s sitting

when such a request for a reconsideration shall be discussed.

(4) No reconsideration may be demanded by a

registered interested party, even if such interested party has made

written objections in accordance with the provisions of article

68(4).

(1) If an applicant considers that the conditions

imposed upon a licence or a development permission, or a refusal

of such an authorisation or permission, is unreasonable, he may

lodge an appeal with the Tribunal under article 41. An appeal under

this subarticle, shall be made within thirty days of notification of

the decision of the Authority or of the Commission, as the case

may be. The request for an appeal shall include a written document

containing the reasons for such a request.

(2) Where a request for reconsideration has been

made, an appeal may be made to the Tribunal within thirty days of

notification of the decision taken in the reconsideration.

(1) Where an appeal is lodged by an applicant or by an

interested third party from any decision of the Authority referred to

in subarticle (2) hereof , the Secretary of the Tribunal shall inform

the Minister of such an appeal within fifteen days from its receipt.

In such case, the Minister may, within fifteen days from the date

when he has received such information, either instruct the Tribunal

to proceed with the determination of the appeal or decide to refer

the application to the Cabinet of Ministers for determination.

Where the Minister does not decide to refer an application to the

Cabinet of Ministers as aforesaid within the said period, it shall

be deemed for all purposes and effects of law that he has opted to

refer the said appeal to the Tribunal for its decision.

(2) The Minister may refer to the Cabinet of Ministers

applications called in by him in terms of subarticle (1) where such

applications are

(a) applications in respect of development which

appears to him to be of a strategic significance;

(b) applications in respect of development which

appears to him to affect matters of national security or

national interests;

(c) applications in respect of development which

appears to him likely to affect the interests of other

governments;

(d) applications in respect of development which is

subject to an environmental impact assessment and which in

his opinion is of national interest;

(e) applications in respect of which the applicant is a

department of Government or a body corporate established by

law.

(3) Where the Minister decides to refer to the Cabinet

of Ministers an application called in by him, he shall request the

Tribunal to draw up its recommendation on that application

after having heard the parties and the Tribunal shall send its

recommendation on that particular application to the Minister who

shall refer it to the Cabinet of Ministers. Such recommendation

shall be available to the public.

(4) The Cabinet Secretary shall, within fifteen days

from the date of such decision, communicate the decision of the

Cabinet of Ministers to the Authority together with the reasons

in justification thereof and the Authority shall comply therewith,

publish the decision of the Cabinet of Ministers in such manner as

it may deem fit or as it may be prescribed and shall communicate

the decision of the Cabinet of Ministers to the parties within fifteen

days from the receipt of such decision.

(1) An environment and planning obligation may be

entered into in those cases where the Authority, in connection with

a grant of a licence or development permission, seeks to impose

on the applicant an obligation

(a) to carry out an activity or works

(i) on the land in respect of which development

permission is sought, or

(ii)

on any other land or area or

(iii) on the land or area mentioned in both sub-

paragraphs (i) and (ii); or

(b) to make some payment or confer some extraneous

right or benefit, where the Authority considers it to be

more appropriate. The Authority shall seek to obtain these

benefits or gains by means of conditions attached to a grant

of the licence or development permission or by means of an

environment and planning obligation entered into by a public

deed made by the applicant for the licence or development

permission with the Authority.

(2) Any person may, by agreement with the Authority,

enter into an environment and planning obligation

(a) restricting the development or use of that land in

any specified way;

(b) requiring specified operations or activities to be

carried out, in, on, under or over that land or area;

(c) requiring that land or area to be used in any

specified way; or

(d) requiring a sum or sums to be paid to the Authority

on a specified date or dates or periodically.

(3) The Minister may, in consultation with the

Authority, make regulations for giving better effect to the

provisions of this article and may, without prejudice to the

generality of the foregoing

(a) prescribe the procedure how an environment and

planning obligation may be entered into, enforced, modified

and discharged;

(b) establish any restrictions, conditions or the

payment of any sums of money which may be imposed in

such an environment and planning obligations; and

(c) regulate appeals to the Tribunal made in terms of

subarticle (4).

(4) The applicant and any person interested in land

may appeal to the Tribunal from a planning obligation entered into

in terms of subarticle (1).

Part V

2. Revocation or modification of permission, licence or

authorisation and Discontinuance or removal orders

(1) The Authority or the Tribunal may, only in the

cases of fraud or where public safety is concerned or where there is

an error on the face of the record, by a decision revoke or modify

any licence or development permission granted under this Act,

including any clearance issued by the Authority under an Order,

stating in such decision its reasons for so doing; and, prior to

deciding to revoke or modify a licence or development permission

in terms of this subarticle, the Authority or the Tribunal, as the

case may be, shall inform the person who will be affected by its

decision of the date and time of its meeting where the Authority

or the Tribunal shall also hear the said person’s submissions if the

latter opts to attend, and any other person’s submissions

Provided that the Authority or the Tribunal may in relation to

any licence or development permission, including any clearance

issued by the Authority under an Order, issued after the date of

coming into force of this Act commence proceedings to revoke or

modify any such licence or development permission, including any

clearance issued by the Authority under an Order, within five years

from the date of issuing of the licence or development permission,

including any clearance issued by the Authority under an Order.

(2)

For the purposes of subarticle (1)

“fraud’’ means the submission to the Authority of any

information, declaration or plan on the basis of which the

Authority has approved a licence or development permission,

where such information, declaration or plan is false,

misleading or incorrect, irrespective of whether such deceit is

the result of a wilful or negligent act

Provided that the Authority shall not revoke or modify a

licence or development permission on the basis of fraud where

the fraudulent information did not have a material bearing on

the issuing of the licence or development permission; and

“error on the face of the record’’ means an error on the

face of a record which offends against the law.

(3) The applicant shall, if the decision is taken by the

Authority, have a right to appeal the Authority’s decision to the

Tribunal within thirty days from the date of service of a revocation

decision or a modification decision.

(4) No compensation shall be payable by the Authority

when it acts under the provisions of subarticle (1) where the reason

for the revocation or a modification of a licence or development

permission is based on fraud or error of law on the face of the

record.

(5) Where the reason for revocation or modification of

a licence or development permission is public safety, the following

rules shall apply

(a) any demolition or other work that may be necessary

for compliance with the order shall be carried out by, or at the

expense of, the Authority;

(b) if on a claim made to the Authority within

twelve months of the date of the revocation decision or the

modification decision , it is shown that any person interested

in the land has incurred expenditure that is rendered useless

by the revocation or modification, or has otherwise sustained

loss or damage that is directly attributable to the revocation or

modification, the Authority shall, subject to paragraph (c), pay

to that person compensation in respect of that expenditure,

loss or damage;

(c)

no compensation shall be payable under this

article

(i) in respect of loss or damage consisting of the

depreciation in value of any interest in the land by virtue

of the revocation or modification,

(ii) in respect of any work carried out before

the grant of the licence or permission that is revoked

or modified, or in respect of any other loss or damage

arising out of anything done or omitted to be done

before the grant of that licence or permission;

(d) where compensation is payable under this article

in respect of expenditure incurred in carrying out any work on

land, if the competent authority under the Land Acquisition

(Public Purposes) Ordinance acquires any interest in that land,

any compensation payable in respect of the acquisition of that

interest shall be reduced by an amount equal to the value of

the works in respect of which compensation is payable under

this article.

(1) The Authority may, having regard to the provisions Discontinuance and

of this Act, regulations, plans, policies and to other material removal orders.

considerations, by notice served on the owner or occupier of

any land, require any existing use or activity or any works to be

discontinued or any building, plant, equipment or other thing

whatsoever to be removed from any land, or requiring both such

discontinuance and removal.

(2) Where a discontinuance or removal order is made

in respect of an activity, works or use, or of a building, plant,

equipment or other thing lawfully carried on or in existence on the

land mentioned in the notice the Authority shall be liable to pay

compensation for any losses sustained as a result of the notice

Provided that any benefits derived from the same notice

shall be offset against the losses aforesaid.

Provided further that no such compensation is due if the

authorisation or permission itself allows the Authority to request

the discontinuance of any existing use or activity or any works to

be discontinued or any building, plant, equipment or other thing

whatsoever to be removed from any land, or if such an order is

made by the Court.

Part V.

3. Charges and contributions

(1) The Authority shall have power to levy a charge in Charges and

respect of any permission to carry out development, to be known Contributions.

as the Development Permission Fee, including any application

therefor, in accordance with a schedule of charges established by it

with the concurrence of the Minister and of the Minister responsible

for finance, taking account of the nature of the development, the

timing of the development in relation to the planned phasing

thereof, of the conditions attaching to the permission and of any

other relevant consideration.

(2) The Authority shall have power to levy a

contribution towards the cost of the infrastructure services and

other services or facilities arising from any permission to develop

land, to be known as the Infrastructure Service Contribution,

from the person applying for such permission or carrying out

such development, in accordance with such rates as the Authority

may, with the concurrence of the Minister and of the Minister

responsible for finance, from time to time determine, taking

account of the services involved, the areas of development and

other material considerations.

(3) The sums collected by the Authority under

subarticle (2) shall be paid to the Government each year after a

deduction therefrom is made to cover the reasonable costs incurred

in the determination and levying of the contribution

Provided that with respect to contributions leviable by the

Authority on behalf of the Authority for Transport in Malta in

terms of article 20 of the Code of Police Laws, such regulations

shall be made with the concurrence of the Minister responsible for

the Authority for Transport in Malta and the Minister responsible

for finance, and such contributions leviable, as aforesaid shall,

notwithstanding anything contained in this Act, be paid by the

Authority to the Authority for Transport in Malta each year after a

deduction therefrom is made to cover the reasonable costs as may

be agreed between the two authorities incurred in the determination

and levying of the contributions.

(4) The Authority shall have power to levy a charge in

respect of any other application for a licence or authorisation made

to it.

(5) The schedule of charges and the rates of

contributions established under this article, as from time to time in

force, shall be published as regulations and shall have effect as so

published.

(6) The charges and contributions levied under

subarticles (1) and (2) aforesaid shall be collectively known as the

“building levy”.

No licence or development permission shall be granted,

and no activity or development authorised by an order shall be

carried out, unless and until any fee or contribution payable under

article 79 has been paid to and received by the Authority; and

any activity or works carried out without such payment having

been made and received shall be deemed to be an activity or

development carried out without the permission of the Authority.

Part V

4. Scheduling and Conservation

(1) The Authority shall prepare, and from time to Scheduling and

time review, a list of areas, buildings, structures and remains of Conservation Orders.

geological, palaeontological, cultural, archaeological, architectural,

historical, antiquarian, or artistic or landscape importance, as well

as areas of natural beauty, ecological or scientific value (hereinafter

referred to as ‘’scheduled property’’) which are to be scheduled

for conservation and may in respect of all or any one or more of

the scheduled property make conservation orders to regulate their

conservation

Provided that upon the issue of a conservation order the owner

shall have the right to immediate access at reasonable times to all

documentation of the Authority concerning the said order for the

purpose of studying the relative findings and considerations and the

owner may contest the said decision in writing with the Authority

within thirty days from the date when the order is notified to him or

is published in the Gazette, whichever is the later.

(2) The list of conservation orders, and any additions

or amendments thereto, shall be published in the Gazette and in

a local newspaper. The Authority shall also notify any one of the

owners of any property subject of a conservation order of the fact

of its inclusion in the list and of any conservation order made with

respect to it. Notice of such conservation order shall also be affixed

on site. If none of such owners is known, or if it is not reasonably

possible to effect service on such owners, the said notice shall only

be affixed on site and no service on such owners as aforesaid need

be made. Notice of such conservation order shall be registered in

an index held for that purpose which identifies the property subject

to that order. The said index shall be held in an electronic form

in such a way that researches to determine whether a property is

subject to such an order may be carried out. The Authority shall

keep a copy of the said index in the office of the Land Registry

and shall issue a certificate which indicates whether a particular

property is subject to the said order on the payment of such fee as

may be prescribed.

(3) Where the Authority has scheduled property in

terms of this article, it shall register the said property in the index

mentioned in subarticle (2) indicating the said property as having

been scheduled, and the provisions of the said subarticle concerning

the indexing of conservation orders shall mutatis mutandis apply.

The list of scheduled property, and any additions or amendments

thereto, shall be published in the Gazette and in a local newspaper.

The Authority shall also notify any one of the owners

of the scheduled property of the fact of its inclusion in the list. A

notice of the said scheduling shall also be affixed on site. If none of

such owners is known, or if it is not reasonably possible to effect

service on such owners, the said notice shall only be affixed on site

and no service on such owners as aforesaid need be made.

(4) For the purposes of subarticles (2) and (3), ‘’site’’

means a single property or more than one property, irrespective

of who is the owner of that property, which forms part of the land

which is scheduled or which is subject to a conservation order in

terms of this article.

(5) The carrying on of any work in, and the demolition,

alteration or extension of, any scheduled property is prohibited or

restricted as provided in this article or in a conservation order.

(6) No works of any description shall be carried out

in or on any scheduled property and no scheduled property shall

be demolished, altered or extended except with the permission

of the Authority granted on an application made to it and giving

such details as the Authority may require or in accordance with

the provisions of a conservation order; and for the purpose of

this article, damage to or destruction of any part of a scheduled

property shall be deemed to be a demolition thereof.

(7) A permission of the Authority and a conservation

order granted or made under this article may contain such

conditions and other provisions as the Authority may deem

necessary or expedient; and a conservation order may regulate any

matter affecting scheduled property.

(8) In respect of any scheduled property, the Authority

shall also have power to require the owner, by notice in writing,

to undertake such works generally, or as may be specified in the

notice, as may be necessary to ensure that no further deterioration

occurs. In default, the Authority may give a further notice to the

owner to carry out and complete the works within a specified time,

and if the owner is still in default it may itself carry out, or cause

to be carried out, the necessary works and recover the cost thereof

from the owner of the scheduled property.

(9) If any scheduled property is demolished in

contravention of any of the provisions of this article then, in

addition to any penalty or other effect under this Act, every person

convicted of such offence shall be liable to pay compensation to

the Authority calculated on the basis of whichever is the highest of

the following

(a) the value of the thing destroyed,

(b) the cost of restoration or repair,

(c) the financial benefit which could be achieved as a

consequence of the demolition.

(10) An owner of scheduled property has a right to

demand the reconsideration of any scheduling of his property. Such

demand shall be entered in writing with the Authority within thirty

days of notification or publication in the Gazette, whichever is the

later, of the scheduling and the Authority shall decide within three

months of receipt by it of the demand for reconsideration.

(11) Any person who feels aggrieved by a decision of

the Authority under this article may appeal to the Tribunal for a

revocation or modification of such a decision.

(12) The Minister’s endorsement shall be sought

when the Authority deschedules a scheduled property or when it

downgrades the protection afforded to a scheduled property, and

no such descheduling or downgrading shall be valid before it is

endorsed by the Minister.

(13) When the Tribunal decides to deschedule a

scheduled property or to downgrade the protection afforded

to a scheduled property, the Tribunal shall seek the Minister’s

endorsement and the period for lodging an appeal from the

Tribunal’s decision to the Court of Appeal shall commence to

run from the date in which the Tribunal would have informed the

appellant accordingly of the Minister’s decision.

(14) Notwithstanding the provisions of article 41, an

appeal to the Tribunal from a scheduling of property or the issue of

a conservation order shall not stay the execution of such scheduling

or conservation order.

(1) If a property, site or area which is not scheduled Emergency

or protected under the provisions of this Act or any Regulations Conservation Order.

issued thereunder, but which the Authority believes could have an

importance or value sufficient to have it scheduled or protected, is

at risk of being demolished, damaged or destroyed, the Authority

may make an emergency conservation order and take such further

steps for the protection of such property, site or area as it may

deem necessary and the provisions of the proviso to subarticle (1)

of article 81 shall apply

Provided that in case of urgency the Chairman of the

Authority may make an emergency conservation order without the

need of consulting the other members of the Authority.

(2) An emergency conservation order shall be

published in the Gazette and shall have effect immediately on its

publication.

(3) An emergency conservation order shall, for a

period of six months from its publication in the Gazette, have the

same effect as the inclusion of the property to which it refers in the

list of scheduled property. It shall cease to have any effect on the

expiration of the period aforesaid.

(4) Notwithstanding the provisions of article 41, an

appeal to the Tribunal from an emergency conservation order shall

not stay the execution of such order.

Part VI

Powers of the Authority and Enforcement of Control

1. Right of Entry

Notwithstanding the provisions of any other law, for the

purposes of carrying out their functions under this Act, the Board

of the Authority, the Commission, the Tribunal and such officer,

servant or committee or any other person as may be authorised by

the Authority for this purpose, and if so required by the Authority

with the assistance of the Police Force, shall have

(a) the right to enter any premises, public or private, at

all reasonable time, and in the case of a dwelling house after

giving previous notice of at least forty-eight hours and not

before nine o’clock in the morning or after seven o’clock in

the evening, and inspect or survey any land, or verify whether

an illegal development or activity is taking or has taken place;

(b) board any vehicle or vessel licensed under this Act,

or as may otherwise be prescribed;

(c) examine any article to which this Act or any

regulations under this Act may apply and take such samples

as it may deem fit for examination;

(d) make plans of any premises, vehicle or vessel

and take photographs of the same after entry or boarding in

accordance with paragraphs (a) and (b) hereof; or

(e) do anything that is ancillary or consequential

thereto.

Part VI

2. Enforcement of Control

(1) The Authority shall monitor all activities falling Monitoring of

within the scope of this Act, including all development operations activities

to ensure that all such activities and development is carried out only

in accordance with the requirements of this Act and in compliance

with the decisions lawfully taken under this Act.

(2) The Authority shall also undertake a review of

all such activities and development carried out before the coming

into force of this Act, or any other Act preceding this Act, not in

compliance with rules, regulations, plans or policies in force at

the time the activity or development took place; and in respect of

any such an activity or development the Authority shall have such

powers as it has in respect of an activity or development carried

out after the coming into force of this Act in order to ensure that

the rules, regulations, plans and policies aforesaid are enforced or,

if this is not reasonably possible, to regularise any such an activity

or development to the extent the Authority deems adequate in the

circumstances.

(1) The Authority may appoint officers for the Officers.

purposes of this Act, and such inspectors may upon production of

proof of their identity, in order to ensure compliance with this Act

or any regulations made thereunder

(a) enquire from any person information in connection

with any activity or other matter regulated by this Act;

(b) issue stop or enforcement notices or orders to any

person in accordance with the provisions of article 86 of this

Act.

(2) The provisions of subarticle (1) shall be without

prejudice to the powers of the Police, Local Wardens, the

Comptroller of Customs or of any other authority under the

Criminal Code, the Customs Ordinance or any other law.

(3) Officers appointed under this article shall

notwithstanding any other law have the right to assist the police in

the conduct of prosecution for offences under this Act and to plead

the case on behalf of the prosecution.

(1) If it appears to the Authority that an activity

is being carried out without the grant of a permission or licence

required under this Act or that any conditions subject to which such

permission or licence was granted in respect of any such activity

are not being complied with or such activity is in contravention to

this Act or Regulations issued under this Act, the Authority may

issue stop orders to any such person carrying out such an activity

Provided that the Authority may issue a partial stop

order requiring work or activity to be stopped forthwith only in

relation to that part of the activity to which the order applies and

not in relation to the whole activity.

(2) If it appears to the Authority that any development

is being carried out without the grant of permission required under

this Act, or that any conditions subject to which such permission

was granted in respect of any development are not being complied

with, the Authority shall serve a stop notice on the owner of the

land or on the occupier of the land or on both, as the Authority

deems most expedient, requiring works or the development to be

stopped forthwith

Provided that the Authority may issue a partial stop

notice requiring work to be stopped forthwith only in relation to

that part of the development to which the notice applies and not in

relation to the whole development.

(3) A copy of the order or notice mentioned in

subarticles (1) and (2) may also be served on any representative,

builder, contractor or workman on the site and the Authority may

also affix such notice in a prominent position at a point of entry

onto the site.

(4) The Authority shall, in the case of a notice issued

under subarticle (2) also inform

(a) the local council in whose locality the land

mentioned in subarticle (2) is found;

(b) the perit responsible for the said works, if known,

that a stop notice as aforesaid has been issued by the

Authority

Provided that the non-compliance with the provisions

of this subarticle shall in no case invalidate any notice issued

under subarticles (1) and (2).

(5) The Authority shall register all stop orders and

notices and all other enforcement notices in terms of this Act in

the index mentioned in article 81(2), and the provisions of the said

article concerning indexing of conservation orders shall mutatis

mutandis apply to stop and other enforcement notices in terms of

this Act.

(6) Any order or notice made under this article shall

contain a detailed description of the infringements being alleged

and where applicable, a site plan indicating the land which is the

subject of such a notice shall be annexed thereto.

(7) If it appears to the Authority that any development

of land has been carried out after the coming into force of this Act

without the grant of permission required in that behalf under this

Act, or that any conditions subject to which such permission was

granted in respect of any development have not been complied

with, the Authority may, having regard to the provisions of

development plans, planning policies and any other material

consideration, serve on the owner of the land or on the occupier

of the land or on both as the Authority deems most expedient an

enforcement notice and shall inform the persons mentioned in

subarticle (4) of such an enforcement notice, requiring such steps as

may be specified in the notice to be taken within such time as may

also be so specified for restoring the land to its condition before

the development took place or for removing such development or

for securing compliance with the conditions aforesaid, as the case

may be; and in particular, but without prejudice to the generality

of the aforesaid any such notice may, for the purpose aforesaid,

require the demolition or alteration of any buildings or works, the

discontinuance of any use of land, or the carrying out on the land

of any building or other operations.

(8) An order or notice given under any of the foregoing

provisions of this article shall

(a) in respect of any requirement stopping or

prohibiting further activity, works or development or

requiring the cessation of a use, or in respect of any

requirement of the notice if the notice refers to development

listed in the Sixth Schedule to the Act or if the notice is

issued under the provisions of article 88(1) in relation to

a development situate on a site listed in the Sixth Schedule

to the Act, or if the notice is issued under the provisions of

article 88(2), take effect immediately upon service of the

notice in terms of subarticles (1) and (2) notwithstanding that

an application for a licence or development permission for the

activity or development referred to in the order or notice has

been submitted or an appeal has been lodged against the order

or notice;

(b) in respect of any other requirement, shall take

effect at the expiration of such period (being not less than

fifteen days and not more than thirty days after service

thereof) as may be specified therein.

(9) When an application for development permission

has been submitted before the expiry of the period mentioned in

subarticle (8)(b)

(a) for the retention on the land of any buildings or

works to which the enforcement notice relates; or

(b) for the continuance of any use of the land to which

the enforcement notice relates, the operation of the notice, in

respect of any requirement other than a requirement stopping

or prohibiting any further work or development, or requiring

the cessation of a use, shall be suspended pending the final

determination of the application, and if the permission applied

for is granted on that application and comes into operation,

the enforcement notice shall cease to have effect

Provided that if the notice refers to development listed in

the Sixth Schedule to the Act, or if the notice is issued under

the provisions of article 88(1) in relation to a development

situate on a site listed in the Sixth Schedule to the Act or if

the notice is issued under the provisions of article 88(2), the

operation of the notice shall not be suspended pending the

final determination of the application.

(10) Any application to regularise an activity or a

development shall be dismissed forthwith if a requirement in the

order or notice stopping or prohibiting further activity, work or

development, or requiring the cessation of a use, has not, both

prior or during the pendency of the application, been complied

with or if any penalty or other payment for which any person has

become liable under this Act in respect of the relevant activity or

development has not been paid or if the application is made to

regularize a development listed in the Sixth Schedule to the Act.

(11) The Authority may exercise its powers under

article 90(1) notwithstanding that a second or subsequent

application intended to regularize the illegal activity or

development may have been filed with the Authority concerning

the same or part of the same activity or site, irrespective of whether

the said application is filed by the same applicant or by another

applicant.

(12) Any person who feels aggrieved by any order or

notice served on him may, within fifteen days from the service of

the notice, appeal against it to the Tribunal, and on any such appeal

the Tribunal

(a) if satisfied that a licence or permission was granted

under this Act, or under any other law which preceded this

Act regulating the activity in question or building permits, for

the activity or the development to which the order or notice

relates, or that no such licence or permission was required in

respect thereof, as the case may be, and that the conditions

subject to which such licence or permission was granted have

been complied with, shall quash the order or notice to which

the appeal relates or such part thereof in respect of which the

Board is satisfied as aforesaid;

(b) in any other case, shall dismiss the appeal.

(13) The appellant shall submit to the Tribunal together

with his appeal a copy of all relevant licences or development

permissions, other permits or other relevant information in

terms of which a licence or a development permission has been

granted to carry out the activity or development mentioned in the

order or notice served on him which is the subject of the appeal

proceedings; and if the Tribunal is satisfied that no such licence

or development permission or permits exist or that there is no

authorization, howsoever called, in terms of which the activity

or the development could have been carried out, the Board shall

forthwith dismiss the appeal.

(14) If before an appeal is lodged or during the

pendency of an appeal, the appellant submits to the Authority an

application for a licence or development permission regarding

the activity or land mentioned in the order or notice, the Tribunal

shall dismiss the appeal if it is satisfied that the said application is

intended to regularize the activity or development mentioned in the

order or notice.

(15) Where an appeal is dismissed, the Tribunal

may direct that, in respect of any requirement, other than a

requirement stopping or prohibiting any further activity or work

or development, or requiring the cessation of a use, the order or

notice shall not come into force until such date, being a date not

earlier than fifteen days after the determination of the appeal, as

the Tribunal thinks fit.

(16) The Tribunal may correct any defect or error in

the enforcement notice provided that the appellant shall be given

sufficient time to prepare and put forward his case.

(17) Where the illegal activity or development is being

carried out at sea the provisions of this article shall apply in such

manner that any reference therein to the owner of the land or the

occupier of the land shall be deemed to be a reference to the person

carrying out the activity or development, and any reference to

land shall be deemed to be a reference to the area at sea where the

activity or development occurs.

(18) All notices or orders issued under this Part shall

be accompanied by a site plan.

If it appears to the Authority that anything which is

prohibited or restricted or subject to a condition by or under any of

the provisions of article 81 or under regulations issued under this

Act intended to protect natural habitats and species, is being done

or carried on or has been done or carried on in contravention of any

such prohibition, restriction or condition or without any permission

or other requirement, or without compliance with any condition,

mentioned in those articles or any orders made thereunder, the

Authority shall serve a notice on the owner of the land or on

the occupier of the land or on both as the Authority deems most

expedient and shall also inform of the issue of such notice the

persons mentioned in article 86(4), requiring such steps as may be

specified in the notice, including the discontinuance of anything

being done or carried on, to be taken within such time as may also

be specified in the notice. The provisions of the proviso to article

86(4) shall also apply to any notice under this article.

(1) If it appears to the Authority that the amenity of

any area is injured by the appearance or condition of any building

or any land, being a garden, vacant site or other open land, or by

the appearance of a site upon which development or construction

or any other works are taking or have taken place, the Authority

shall serve an enforcement notice on the owner of the land or on

the occupier of the land or on both as the Authority deems most

expedient and shall also inform of the issue of such notice the

persons mentioned in article 86(4), requiring such steps to be

taken for abating the injury as may be specified in the notice. The

provisions of the proviso to article 86(4) shall also apply to any

notice under this article.

(2) The Minister may, in consultation with the

Authority, by regulations under this article provide that property

which is in a state of disrepair and, or constitutes a danger, shall be

demolished by its owner or by the Authority in accordance with the

provisions of article 90. Without prejudice to the generality of the

foregoing, such regulations may prescribe

(a) the manner through which the state of the property

is certified as constituting a danger,

(b) the methodology and procedures to be used by the

Authority in any action it may take as aforesaid.

A notice under articles 87 and 88 is also in this Act Other Notices.

referred to as “enforcement notice” and, unless the context

otherwise requires and subject to such modifications and

adaptations as may be necessary to give full effect to the provisions

of those articles, wherever that expression appears in this Act it

shall include a notice given under those articles.

(1) If any steps or other action, including any Supplementary

discontinuance, stoppage or similar requirement, required to be provisions

taken by an enforcement notice have not been taken within the proceedings for debts

time specified therein, the Authority may enter on the land, or due to the Authority.

the area at sea and take such steps or other action as aforesaid,

including the disabling or removal of any equipment, machinery,

tools, belongings, vehicles or other objects that may be on site

and the carrying out of any works necessary to comply with what

is requested in the enforcement notice and may for such purpose

request the assistance of the Police Force, any local council, any

department of Government or any agency of Government; and the

Police Force shall for such purpose exercise such powers as are

vested in them at law.

(2) Where the removal of an illegal development

involves by necessity the removal also of a development which is

not illegal, the Authority may proceed to remove also such other

development, the removal of which is necessary as aforesaid.

(3) Notwithstanding the provisions of any other law

and saving the provisions of article 46 of the Constitution and

Article 4 of the European Convention Act, no precautionary act

may be issued by any court against the Authority restraining it from

the exercise of any of the powers conferred upon it by this article.

(4) Subject to the provisions or regulations issued

under this Act, when an enforcement notice has not been appealed

or where an enforcement notice has been appealed but has been

confirmed by the Appeals Board or by the Court of Appeal, as the

case may be, and the owner of the land subject to an enforcement

order fails to comply with the said order within the period therein

prescribed, such person shall be liable to a maximum penalty of not

more than fifty Euro for every day the default continues after the

expiration of the said period as the Authority may prescribe under

the said regulations; and the Authority may recover such penalty

from the said person as a civil debt owing to it.

(5) All expenses reasonably incurred by the Authority

in the exercise of its powers under this article, or any other amount

due to the Authority under any other provision of this Act or

Regulations issued thereunder shall, be recoverable as a civil debt

by the Authority from the owner of the land, or from any occupier

of the land, or from any person responsible for the acts mentioned

in the notice, including a notice of payment, or an applicant,

subject to such right of recovery such person may have against any

other person. The Authority shall not be liable for any damages as

a result of the exercise of its powers under this article unless it is

proved that such damage resulted from gross negligence on the part

of the Authority, its officers and agents.

(6) Where the Authority desires to sue for the recovery

of a debt due to the Authority under any Law or Regulation which

it is entitled to enforce, the Chairman, Chief Executive Officer

or an officer of the Authority duly authorised by the Authority to

act on its behalf may make a declaration on oath before the Court

registrar or before any other officer authorised to administer the

oath in judicial matters, wherein he states the nature of the debt and

the name of the debtor and confirm that it is due.

(7) The declaration referred to in subarticle (6) shall

be served upon the debtor by means of a judicial act and it shall

have the same effect as a final judgement of the competent court

unless the debtor shall, within a period of twenty days from service

upon him of the said declaration, oppose the claim by filing an

application demanding that the court declare the claim unfounded.

(8) The application filed in terms of subarticle (7)

shall be served upon the Authority, which shall be entitled to file

a reply within a period of twenty days. The court shall appoint the

application for hearing on a date after the lapse of that period.

(9) Any debts due to the Authority shall be prescribed

by the lapse of the period of five years from the date on which the

debt was due.

(1) Notwithstanding the other provisions of this Act, Procedure to apply

any person who is served with an enforcement notice in respect of to

development.

development referred to in Schedule 8, shall have the right to claim

that such notice shall not be executed. The said person shall furnish

the Authority with the requisite proof to that effect including any

relevant documentary evidence and such other evidence as the

Authority considers necessary in accordance with and subject to

the procedure established by the Authority.

(2) An enforcement notice falling within the provisions

of subarticle (1), the development in question shall not be

considered as having been regularised in terms of this Act unless

and until a development permission has been granted to cover

the development in question and a penalty fixed by the Authority

within the limits established in article 93 has been paid

Provided that a person requested to pay such a penalty

may appeal from such request in the manner provided for in article

(1) Id-dispożizzjonijiet li ġejjin għandhom ikollhom

seħħ dwar kull żvilupp li jkun sar jew li għandu jsir wara d-data

tad-dħul fis-seħħ ta’ l-Att ta’ 1992 dwar l-Ippjanar ta’ l-Iżvilupp,

minn hawn ’il quddiem imsejjaħ “żvilupp ġdid”.

(2) Ebda servizz li jikkonsisti fil-provvista ta’ l-ilma

jew elettriku ma għandu jiġi provdut lil xi żvilupp ġdid minn

ebda awtorità jekk ma jkunx hemm dwar dak l-iżvilupp ċertifikat

maħruġ mill-Awtorità li jgħid li dak l-iżvilupp huwa skond permess

għall-iżvilupp jew li huwa inkluż fil-Kategorija B tat-Tmien Skeda.

(3) F’kull waħda miċ-ċirkustanzi li fihom l-Awtorità

tista’ tinnotifika avviż taħt xi waħda mid-disposizzjonijiet ta’

l-artikolu 52, jew jekk l-Awtorità tkun innotifikat avviż bħal dak, Kap..356.

l-Awtorità tista’ tagħmel ordni li jipprojbixxi t-trasferiment inter

vivos b’kull titolu ta’ kull art li dwarha jista’ jiġi notifikat, jew ikun

ġie notifikat, avviz kif hawn qabel imsemmi, u t-trasferiment jew

ħolqien ta’ xi dritt reali fuqha, b’kull titolu inter vivos ikun x’ikun.

(4) Id-disposizzjonijiet ta’ l-artikolu 41 għandhom

japplikaw għal ordni magħmula taħt dan l-artikolu, u għal kull

rifjut ta’ revoka ta’ ordni bħal dak, kif japplikaw għal deċiżjoni ta’

l-Awtorità msemmija fis-subartikolu (1) (a) ta’ dak l-artikolu.

(3) When the Authority receives an application for

development permission requesting amendments, alterations,

additions or extensions to a development referred to in Category A

of Schedule 8, the applicant shall request the Authority to sanction

the said illegal development in terms of the provisions of this Act,

if such sanction is possible in terms of law. Where the illegal

development has not been sanctioned no further development

permission, other than for that type of development which may be

prescribed by the Minister, after consultation with the Authority,

from amongst the development mentioned in article 63(9) (a) and

(b), may be granted with respect to the land in question unless and

until the illegal development is removed.

(4) Where any person claims to the Authority that an

enforcement notice falls within the provisions of subarticle (1), and

the Authority does not accept such claim, the period of fifteen days

mentioned in article 86(12) shall commence to run from the date

that the Authority serves such person with a notice to the effect that

it is not accepting such claim.

(5) The Minister may, after consultation with the

Authority, make regulations to give better effect to the provisions

of this article.

92. (1) The following provisions shall have effect with

respect to any development which has taken place or is to take

place after the date of the coming into force of the Development

Planning Act, 1992, hereinafter referred to as “new development”.

(2) No service consisting in the supply of water

or electricity to any new development shall be provided by

any authority unless there is in respect of such development a

certificate issued by the Authority stating that the development is in

accordance with a development permission or falls under Category

B of the Eighth Schedule.

(3) In any of the circumstances in which the Authority

may serve an enforcement notice or order under any of the

provisions of this Act, the Minister shall, in consultation with

the Authority, by regulations under this article provide that such

a notice is registered with the Land Registry and served on the

Director of the Public Registry of Malta in the case of land situated

in the Island of Malta and on the Director of the Public Registry of

Gozo in the case of land situated in Gozo. Without prejudice to the

generality of the foregoing, such regulations may prescribe

(a) the procedures to be used by the Authority in

making such a registration;

(b) the prohibition of the transfer inter vivos by any

title whatsoever of any land in respect of which a notice as

aforesaid may be, or has been, served, and the transfer or

creation of any real right thereon, by any title inter vivos

whatsoever and that any transfer of any land and any transfer

of any real right thereon, made by an act inter vivos under any

title whatsoever, shall be null and without effect.

(4) The provisions of article 41 shall apply to an order

made under this article, and to any refusal to revoke such an order,

as they apply to a decision of the Authority referred to in subarticle

(1) (a) of that article.

93. (1) Notwithstanding any other law providing for the

trial and punishment of offences, where the Authority believes that

a person has committed an offence against this Act, other than an

offence under article 94(1)(d), the Authority may give notice in

writing to such person describing the offence of which the person

is accused, indicating the steps to be taken to remedy the offence

and a penalty which he is required to pay in respect of that offence

Provided that the Authority may not require the payment

of a penalty higher than fifty thousand Euro and shall be in

accordance with a schedule of penalties, which the Minister, after

consulting the Authority, and with the concurrence of the Minister

responsible for finance, may by regulations prescribe

Provided further that any person who feels aggrieved by

a decision of the Authority under this subarticle, may appeal to the

Tribunal for a revocation or modification of such a penalty.

(2) Where a notice under this article has been given,

the person named in the notice may, within twenty-one days of the

service of the notice, accept responsibility for the offence specified

in the notice and within the same period or such further period as

the Authority may allow, remedy the offence and pay, or undertake

in writing to pay, the penalty indicated in the notice or such other

penalty as the Authority may accept in lieu, and in any such case

(a) the person named in the notice shall be deemed to

have committed the offence and to have admitted his guilt in

respect thereof, and the penalty paid, or agreed to be paid,

shall be the penalty to which he became liable to pay;

(b) if the offence is remedied and the penalty is paid

within the period, or further period, aforesaid, no further

proceedings may be taken against the said person in respect

of the same facts;

Provided that the agreement to pay to the compromise

penalty shall not extinguish any civil liability to make good

any damages to any person or authority and any liability

arising under article 38;

(c) if the penalty is not paid within the period, or

further period, aforesaid, it shall be treated as if it were a

penalty ordered to be paid by a court and proceedings may be

taken accordingly to recover the same as a civil debt due to

the Authority.

(3) Where the person to whom notice is given

under subarticle (1) does not accept or, having accepted such

responsibility, fails to remedy the offence within the time aforesaid,

ordinary criminal proceedings may be taken against him in

accordance with the provisions of law applicable to the offence.

Part VII

Offences

(1) Any person who

(a) carries out any development on any land or allows

any development to be carried out on land of which he is an

owner without a development permission as in force at the

time of such development, or, if the development is carried

out with a development permission, fails to comply or to

cause compliance with any condition, restriction or other

limitation to which the permission is subject; or

(b) acts in contravention of any of the provisions of

article 81 and 82 in respect of any scheduled property, an

emergency conservation order; or

(c) having been served with an enforcement notice or

other notice under articles 78, 86, 87 or 88 fails to comply

with any of the requirements of such notice within the time

therein specified; or

(d) hinders, obstructs, molests or interferes with, or

attempts to hinder, obstruct, molest or interfere with, any

officer or employee of the Authority, or any police officer,

or any public officer, or any employee or servant of any

department of Government or of any agency of Government

or of any local council, in the execution of his duties under

the law or fails to comply with any reasonable requirement

demanded of him by any such person as aforesaid or

otherwise to assist him in the carrying out of the said duties,

or knowingly furnishes such person with false information or

neglects or refuses to give any information required for the

purpose aforesaid; or

(e) makes a declaration for any of the purposes of this

Act which is false, misleading or incorrect in any material

respect, shall be guilty of an offence against this Act and shall

be liable, on conviction, to a fine (multa) of not less than one

thousand five hundred Euro and not exceeding one hundred

thousand Euro, and in respect of an offence under paragraph

(d) or, in the case of an offence under paragraph (c) if the

offender persists in the offence for more than three months,

also to imprisonment for a term of not less than three months

and not exceeding three years

Provided that, and without prejudice to the provisions of

articles 81(9) and article 90(3) and (4) and without prejudice

to the maximum fine above established, the minimum fine

(multa) to which an offender is liable under this article shall

not be less than the value of any work carried out without

permission or in violation of any conditions to which such

permission was subject.

(2) The Court, besides awarding the punishment

referred to in subarticle (1), shall order the offender to remove

the causes of the offence and to undo anything which was done

without a permission or to comply with the conditions imposed in

the permission, as the case may be, within a time sufficient for the

purpose, but in any case not exceeding three months from the date

of the judgment, to be fixed by the court; and, if the offender fails

to comply with any such order within the time so fixed, he shall

be liable to a fine (multa) of not less than fifty Euro and not more

than one hundred and thirty Euro, as the court may fix, for every

day the default continues after the expiration of the said time and

may also order the modification, suspension or revocation of any

authorisation or permission.

(3) Proceedings against any person for any offence as

is mentioned in subarticle (1) shall be taken before the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo), as the case

may be, as courts of criminal judicature in accordance with the

provisions of the Criminal Code

Provided that, notwithstanding the provisions of article

376(1)(b) of the Criminal Code, the Court shall, at the request of

the prosecution or of the accused, take down evidence given by the

witnesses in the manner provided for either in article 390(6) of the

said Code or in any law for the time being in force.

(4) Article 21 of the Criminal Code and the provisions

of the Probation Act shall not apply to any offences referred to in

this article.

(5) The filing of an application intended to regularise

any illegal development or activity to which a prosecution refers,

and the filing of an appeal against a refusal of such an application

shall not be a bar to the continuation of such a prosecution and the

court shall continue to hear such a case and shall give judgement

and shall issue an order in terms of subarticle (2) as if such an

application or such an appeal had never been filed

Provided that where such an activity or development has

been regularised no fine under subarticle (2) shall be due in respect

of the time after the development has been regularised.

(6) Notwithstanding the provisions of the Criminal

Code, the Attorney General shall always have a right of appeal

to the Court of Criminal Appeal from any judgement given in

proceedings arising out of this Act or of any regulations, rules or

orders made thereunder.

In any proceeding or prosecution under this Act, a copy

of any order, notice, decision or other document purporting to have

been made under this Act and purporting to have been signed by

the Chairman of the Authority or by the Chief Executive Officer

or any Director, shall be accepted as evidence of the order, notice,

decision or other document, and of the facts appearing therein,

without further proof.

Part VIII

Miscellaneous

(1) Where any notice or other instrument or document

whatsoever is required or authorised to be served or given by or

under this Act, it may be served or given in any of the following

manners

(a) by delivering it to the person on whom it is to be

served or to whom it is to be given; or

(b) by leaving it at the usual or last known place

of abode of that person or, if such person has furnished an

address for service, at that address; or

(c) by sending it in a registered letter addressed to

that person at the place of abode or the address for service

aforesaid; or

(d) in the case of a body corporate or other body of

persons, by delivering it to an officer or servant thereof at

the registered or principal office, or sending it in a registered

letter addressed to the body aforesaid at that office; or

(e) in any case in which it is not reasonably possible

to effect service in any of the foregoing manners whether on

all or on any one or more of the persons on whom service is

to be made or notice is to be given, by affixing the document

to be served or given in a conspicuous place on the land to

which it relates and keeping it so affixed for a period of not

less than seven days.

(2) Where the notice or other document is required or

authorised to be served or given to any person as having an interest

in land, and the name of that person cannot be ascertained after

reasonable inquiry, or is required or authorised to be served on an

occupier of land, the notice shall be deemed to be duly served or

given if it is served or given in any of the manners indicated in

subarticle (1) and addressed to the person having an interest in the

land by the description of “owner” or “occupier”, or “owners” or

“occupiers”, as the case may require.

(1) The Minister may with effect from such date

as may be established by notice in the Gazette repeal the

Development Planning Act and the Environment Protection Act

and different dates, rules and procedures may be so established for

the revocation and, or applicability of different provisions thereof.

(2) The Minister may by Regulations issued under

this Act, provide that for the words “Director”, “Director of

Planning” and “Director Environment Protection”, wherever they

may occur in regulations made under the Development Planning

Act or Environment Protection Act, there shall be substituted the

word “Authority” and any definition of “Director”, “Director of

Planning” and “Director Environment Protection” in regulations

made under the same Acts shall be deleted.

(3) Any order, rule, regulation, bye-law, notice, plan

or policy or other instrument having the force of law made under

the authority or kept in force under any of the provisions of the

Development Planning Act or the Environment Protection Act shall

continue in force and shall continue to have effect as if made under

this Act and may be amended, substituted or revoked accordingly.

(4) Any licence, permission, authority, order, notice

or certificate, or any prosecution or charges granted or made under

or kept in force under any of the provisions of the Development

Planning Act or the Environment Protection Act and still in force

immediately before the date of coming into force of this Act

shall as from such date continue in force as if it were a licence,

permission, authority, order, notice or certificate, or prosecution or

charges granted or made under a corresponding provision of this

Act, and any such licence, permission, authority, order, notice or

certificate, or prosecution or charges as aforesaid shall be treated

and dealt with accordingly

Provided that in the case of any such licence,

permission, authority, order, notice or certificate issued as operative

for a specific period, such licence, permission, authority, order or

certificate shall remian operative for such a period from the date

such licence, permission, authority, order, notice or certificate was

issued.

(5) The Users’ Committee established under the

provisions of article 36, the Heritage Advisory Committee

established under the provisions of article 37, the Environment

and Planning Review Tribunal established under the provisions

of article 40 and the Environment Fund established under the

provisions of article 38, shall perform and succeed all the functions,

assets, rights, liabilities and obligations of the Users’ Committee,

the Heritage Advisory Committee and the Planning Appeals Board

respectively established under the provisions of the Development

Planning Act and the Environment Fund established under the

provisions of the Environment Protection Act.