ATT Nru V tal-2016 ACT No. V of 2016 ATT maħruġ b’liġi mill-Parlament ta’ AN ACT enacted by the Parliament of Malta.

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,523, 19 ta’ Jannar, 2016

Taqsima A

MALTA

ATT Nru V tal-2016

ACT No. V of 2016

ATT maħruġ b’liġi mill-Parlament ta’

AN ACT enacted by the Parliament of

Malta.

Malta.

ATT biex jistabbilixxi tribunal bil-għan li

AN ACT to establish a tribunal for

jirrevedi deċiżjonijiet tal-Awtorità tal-

the purpose of reviewing decisions

Ippjanar u tal-Awtorità għall-Ambjent

of the Planning Authority and of

u r-Riżorsi, biex jipprovdi għall-

the Environment and Resources

mod kif għandhom isiru l-proċeduri

Authority, to provide for the manner

quddiem it-tribunal, u biex jipprovdi

in which proceedings of the tribunal

għal appelli minn deċiżjonijet tat-

are to be conducted, and to provide

tribunal.

for appeals from decisions of the

tribunal.

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

commencement.

Planning Review Tribunal Act, 2016.

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

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

may be so established for different provisions or different purposes of

this Act.

(1) In this Act, unless the context otherwise requires, Interpretation.

the following expressions have the meaning hereby assigned to them

"Chairperson" means any Chairperson of the Environment and

Planning Review Tribunal appointed in terms of this Act;

"development permission" has the same meaning as assigned to

it in the Development Planning Act, 2016;

"Environment and Resources Authority" has the same meaning

as assigned to it in the Environment Protection Act, 2016;

"Environmental NGOs" means non-governmental organizations

promoting environmental protection and which are registered under

the Voluntary Organisations Act;

"external consultee" has the same meaning as assigned to it in

regulation 2 of the Development Planning (Procedure for

2010. Applications and their Determination) Regulations, 2010 or any other

regulations which may from time to time succeed the said regulations;

"Government" means the Government of Malta;

"person" includes an association or body of persons, whether

registered as a legal person or not;

"Planning Authority" has the same meaning assigned to the term

"Authority" in article 2 of the Development Planning Act, 2016;

"recommendation" means the reply lodged by an external

consultee which may either indicate a no objection to an application,

or an approval of the application subject to conditions indicated by

the external consultee or that the application is objectionable for

reasons indicated by the external consultee;

"Secretary" means the Secretary to the Environment and

Planning Review Tribunal;

"Tribunal" means the Environment and Planning Review

Tribunal.

(2) The provisions of this Act shall be without prejudice to the

provisions of the Cultural Heritage Act and in particular they shall not

affect the powers of the Superintendent of Cultural Heritage under that

Act and the exercise of the Special Powers of the State under Part VII

of the said Act.

PART II

Establishment and Scope of the Tribunal

There shall be set up in accordance with the provisions of

this Act, an independent and impartial tribunal, to be known as the

Environment and Planning Review Tribunal, for the purpose of

reviewing the decisions of the Planning Authority and the decisions

of the Environment and Resources Authority, referred to it in

accordance with this Act or any other law, and for the purpose of

exercising any other jurisdiction and function conferred on the

Tribunal by or under this or any other law, whether before or after the

coming into force of this Act.

(1) The Prime Minister may by order establish panels of Composition of

the Tribunal, and may designate the categories of cases to be assigned the Tribunal.

to each panel and may by subsequent order amend, revoke or

substitute such order.

(2) Each panel shall consist of three members, with two of its

members being well versed in development planning and

environmental matters and the other member an advocate who shall

have practised the profession of advocate for at least four years.

(3) Each panel shall have a Chairperson, who shall preside

over the panel, and a deputy Chairperson. In the absence of the

Chairperson for a valid reason, the deputy Chairperson shall perform

the functions of Chairperson.

(4) All members sitting on each panel, including the

Chairperson and the deputy Chairperson, shall be appointed by the

President acting on the advice of the Prime Minister.

(5) The Secretary to the Tribunal shall establish the case list of

each panel, having regard to the pending case load assigned before

each panel.

(6) A member of the Tribunal shall be disqualified from

hearing an appeal in terms of article 734 of the Code of Organization Cap. 12.

and Civil Procedure and in any such case, such member shall be

substituted by another person appointed by the Secretary for the

purpose from amongst the members of the other panel or panels or if no

such member can be chosen, by another person duly qualified to sit on

the Tribunal, appointed for the purpose by the Prime Minister.

(7) The members of the Tribunal shall hold office for a term of

five years. They shall not be eligible for reappointment for a

subsequent term.

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

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

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

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

Prime Minister, for the reasons of proved inability to perform

functions of their office (whether arising from infirmity of body or

mind or any other cause), proved misbehaviour, gross negligence or

for a just cause.

(1) The Tribunal shall have an administrative secretariat Secretariat of

independent from any authority, consisting of a Secretary and such the Tribunal.

other officers or employees as may be necessary for a prompt and

efficient management of administrative matters within the Tribunal’s

functions.

(2) The Secretary and the administrative secretariat shall be

appointed by the Prime Minister.

(3) The expenses incurred in connection with the

administration of the Tribunal, including the payment of the

honorarium to the Chairperson 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.

(4) The Secretary shall perform any duty which may be

incumbent upon him under this Act or any rules made thereunder.

(1) The Tribunal shall hold sittings in Malta and, or

Gozo, at such regular intervals as may be necessary to expedite its

business.

(2) The Tribunal shall hold its sittings at any place indicated

by the Prime Minister.

(3) 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.

(1)

There shall be a registry of the Tribunal.

(2) The Prime Minister shall by regulations establish the

functions of the Registry of the Tribunal and by the same regulations

may also appoint such officers as may be necessary for the operation

of the said Registry. All the records of the Tribunal shall be filed in

the Registry referred to in this sub-article.

(3) The registry shall be situated at any place indicated by the

Prime Minister.

(4) The Secretary to the Tribunal shall be responsible for the

running of the Registry.

(1) A member of the Tribunal shall upon appointment

take the following oath before the Attorney General

"I ...................................... (add name and surname) having

been appointed to be a Member for the purposes of the

Environment and Planning Review Tribunal Act, do swear that I

will faithfully, fully, impartially and to the best of my ability

discharge the trust and perform the duties devolving upon me by

virtue of the said appointment. So help me God".

(2) The said oath shall be signed by the member of the

Tribunal and the Attorney General. It shall be deposited with the

Tribunal’s Secretary.

(1) In its relations with the public, the Tribunal shall Principles of

adhere to and apply the principles of good administrative behaviour. good

administrative

behaviour.

(2) The principles of good administrative behaviour include

the following

(a) the Tribunal shall respect the parties’ right to a fair

hearing, including the principles of natural justice, namely

(i)

nemo judex in causa sua, and

(ii) audi et alteram partem;

(b) the time within which the Tribunal shall take its

decisions shall be reasonable depending on the circumstances of

each case. The decision shall be delivered as soon as possible

and for this purpose the tribunal shall deliver a single decision

about all matters involved in an appeal before it whether they

are of a preliminary, substantive or procedural nature;

(c)

the Tribunal shall ensure that there shall be

procedural equality between the parties to the proceedings. Each

party shall be given an opportunity to present its case, whether

in writing, or orally, or both, without being placed at a

disadvantage;

(d) the Tribunal shall ensure that the Planning Authority

makes available to the parties to the proceedings, the documents

and information relevant to the appeal;

(e)

proceedings before the Tribunal shall be adversarial

in nature. All evidence admitted to the tribunal shall, in

principle, be made available to the parties with a view to

adversarial argument;

(f)

the Tribunal shall be in a position to examine all of

the factual and legal issues relevant to the appeal presented by

the parties in terms of the applicable law;

(g)

save as otherwise provided by law, the proceedings

before the Tribunal shall be open to the public;

(h) the Tribunal shall indicate, with sufficient clarity,

the grounds on which it bases its decisions. It shall not be

necessary for the Tribunal to deal with every plea raised,

provided that where a plea would, if accepted, be decisive for

the outcome of the appeal, such a plea shall require a specific

and express consideration.

The Prime Minister may make regulations to implement

and to give better effect to the provisions of this Act and may, without

prejudice to the generality of the foregoing

(a) establish the date of entry into force of any provision

of this Act;

(b)

set out the procedure before the Tribunal;

(c)

set out the procedure in appeals from the decisions

of the Tribunal;

(d) establish the forms that are to be used in proceedings

before the Tribunal;

(e)

establish the forms that are to be used in proceedings

in appeals from the decisions of the Tribunal;

(f)

establish rates and tariffs relating to proceedings

before the Tribunal;

(g) establish the fees that may be due to the Registry of

the Tribunal;

(h)

set out the duties of the Secretary to the Tribunal;

(i)

establish which provisions of the Code of

Organization and Civil Procedure, if any, not mentioned in this

Act, are to apply to the procedure before the Tribunal;

(j)

prescribe anything that may or is to be prescribed in

accordance with this Act;

(k) make such amendments, alterations, deletions,

repeals, corrections, changes and modifications to any laws or

subsidiary legislation for the purpose of bringing such primary

law or subsidiary law in conformity with the provisions of this

Act.

PART III

Proceedings before the Tribunal related to Decisions

taken by the Planning Authority

(1) Subject to the provisions of the Development Jurisdiction.

Planning Act, 2016, the Tribunal shall have jurisdiction to

(a)

hear and determine all appeals made by the

applicant from a decision taken following an application

(i)

for a development permission;

(ii) for a permission under a development

notification order;

(iii) for a permission under a regularisation

process;

(iv) for a change in alignment under a planning

control application;

(v) for a permission for a project of common

interest (PCI);

(vi) for registration by the Registration Board;

(b) hear and determine all appeals made by the

applicant from a decision taken following a request for

screening of a proposed development, whereby in same

(i) additional submissions, studies, assessments

and documentation are requested; and, or

(ii) fees and, or contributions are required to be

paid to the Planning Authority before the submission, on

the submission or during the processing of the application

and the applicant does not agree with the amount of the

fees and, or contributions;

(c)

hear and determine all appeals made by any person

(i) aggrieved by a notice issued under the

provisions of Part IX of the Development Planning Act,

(ii) aggrieved by a decision in relation to

scheduling and conservation orders;

(iii) aggrieved by a decision on a request for

modification or revocation of permission;

(d) hear and determine all appeals made by any person

or institution or any department or agency of Government,

having a direct interest and aggrieved by any decision, ruling or

direction in relation to Building Regulations and Building

Control Regulations, even where such a decision, ruling or

direction does not emanate from a development application

process;

(e)

hear and determine all appeals made by an interested

third party who had submitted written representations as

established by the Planning Authority in terms of article 71(6)

of the Development Planning Act, 2016

(i) from a decision on an application for

development permission;

(ii) from a decision on a planning control

application relating to a change in alignment;

(iii) from a

decision

on

scheduling

and

conservation orders

Provided that -

(i) the Attorney General on behalf of the

Government; and

(ii) any department, agency, authority or other

body corporate wholly owned by the Government, not

being an external consultee which had been consulted and

had not objected;

shall always be deemed for all intents and purposes of law to

be an interested third party notwithstanding that it shall not

have submitted representations in writing

Provided that all persons having sufficient interest

shall have access to a review procedure before the Tribunal

to challenge the substantive or procedural legality of any

decision, act or omission relating to a development or an

installation which is subject to an environmental impact

assessment (EIA) or an integrated pollution prevention and

control (IPPC) permit

Provided further that the Planning Authority shall

not be construed as an interested third party for the

purposes of this paragraph;

(f)

hear and determine all appeals made by external

consultees from a decision taken following an application

(i)

for a development permission;

(ii) for a change in alignment following a

planning control application;

(iii) for a permission for projects of common

interest (PCI)

Provided that such an appeal may only be

lodged by an external consultee which had lodged its

recommendation to the Planning Authority and in its

recommendation it had either indicated that the application

may be approved subject to those conditions indicated by

the external consultee, or that the application is

objectionable for reasons indicated by the external

consultee

Provided further that an external consultee

shall always have the right to lodge an appeal when it has

not been consulted or when the procedure does not require

its consultation;

(g) hear and determine requests for suspension in terms of

article 33;

(h) exercise such functions as are assigned to it under the

provisions of this Act.

(2) The Prime Minister may order that any other decision of

the Planning Authority shall be subject to the jurisdiction of the

Tribunal.

(3) An appeal to the Tribunal may be filed on any ground

including

(a)

that a material error as to the facts has been made;

(b)

that there was a material procedural error;

(c)

that an error of law has been made.

The provisions of articles 21, 22 and 23 of the Code of Proceedings.

Organization and Civil Procedure shall apply to all proceedings

before the Tribunal.

(1) Unless otherwise provided under any provision of

this Act, an appeal shall be lodged before the Tribunal within thirty

days from date of publication of the decision on the Department of

Information website by the Planning Authority

Provided that appeals from decisions which do not need to

be published shall be lodged before the Tribunal within thirty days

from date of notification of the decision.

(2) If an appeal has been lodged with the Tribunal by any party

other than the applicant in accordance with the provisions of article

77(3) of the Development Planning Act, 2016, and the applicant

submits a request for reconsideration in accordance with the

provisions of the Development Planning (Procedure for Applications

2010. and their Determination) Regulations, 2010 or any other regulations

which may from time to time succeed the said regulations, the

proceedings before the Tribunal shall be suspended until the request

for the reconsideration has been determined and a copy of the

decision has been submitted to the Tribunal by the Planning

Authority, and any time periods established under the provisions of

this Act in relation to the proceedings before the Tribunal shall

commence from the date of receipt by the Tribunal of the decision on

the request for reconsideration

Provided that any party other than the applicant who had

lodged his appeal as above-stated, shall within a period of thirty days

from notification of the decision on the request for reconsideration,

amend his appeal or make further submissions to the Tribunal, if he

deems it necessary.

(3) Any person who feels aggrieved by a notice served on him

may lodge an appeal against it before the Tribunal within fifteen days

from the service of the notice or within fifteen days from the

publication of the said notice on the Department of Information

website, should the Planning Authority deem fit to make such a

publication.

All appeal proceedings before the Tribunal shall be

conducted in a timely manner, without undue delay, and shall not be

prohibitively expensive.

An appeal from a decision of the Planning Authority shall

be in the form of an application, and shall

(a)

make reference to the Planning Authority’s decision

appealed from;

(b) distinctly state the heads of the decision complained

of under different headings, together with reasons under each

heading for which the appeal is entered;

(c)

state specifically the manner in which it is desired

that the decision be varied under each heading; and

(d) also include all documentation which is relevant for

the grounds of appeal.

An appeal from an enforcement notice or other notice shall Appeal from an

also include a copy of the enforcement notice or other notice being enforcement

notice or other

appealed from.

notice.

(1) All parties to an appeal shall, if they require Indication of

witnesses, together with the appeal or any reply to an appeal, indicate witnesses

application for

the names and addresses of the witnesses they intend to produce in appeal.

evidence, and state in respect of each one of them the facts they

intend to establish through their evidence.

(2) The Tribunal shall be empowered to summon witnesses

and administer the oath to any person appearing before it.

The parties to the appeal may be represented by an agent Representation.

before the Tribunal.

Subject to the provisions of article 33 of the Development Request to view

Planning Act, 2016, all parties to an appeal may submit a request to Authority files.

the Tribunal to view the Planning Authority files at any time before

the sitting of the Tribunal.

A copy of the appeal application and the ancillary Notification of

documentation shall forthwith be communicated to the Planning application

appeal to the

Authority within five working days from when the Secretary has Authority.

allocated the case to be heard by a specific panel. The Planning

Authority shall file its reply within twenty days of service upon it.

The reply shall, in all cases, be limited to the reasons for refusal or the

conditions imposed by the Planning Authority and any other issues

raised by the appellant. The Planning Authority shall produce any

documentation it deems necessary unless contained in the relative

Planning Authority file or files. The Planning Authority’s reply and all

documentation shall forthwith be communicated to the appellant.

A registered third party in terms of article 71(6) of the Notification of

Development Planning Act, 2016, shall be informed by the Tribunal application

appeal to

that an appeal has been filed and he may request the Secretary of the registered

parties.

Tribunal to register him as an interested third party in such an appeal,

within five working days from such notification. Such an interested

third party shall have a right to address the Tribunal and may be

requested by the parties to the appeal to give evidence in the appeal

proceedings. Unless the Tribunal decides otherwise, such an

interested third party may be present during all sittings of the

Tribunal. However he may not attend site inspections where the

Tribunal enters upon the property of the appellant, if the appellant

objects to the presence of such an interested third party entering upon

his property. Such an interested third party 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

Provided that the above procedure is also applicable to

those external consultees who made their recommendations in terms

of regulation 8 of the Development Planning (Procedure for

2010. Applications and their Determination) Regulations, 2010 or any other

regulations which may from time to time succeed the said regulations,

which external consultees will however have the right to attend site

inspections.

(1) When an appeal has been lodged by an interested

third party in terms of this Act, 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 such

a person shall submit reasoned grounds based on environmental and,

or planning considerations to justify his appeal.

(2) The provisions of article 21 shall mutatis mutandis apply

in favour of the applicant

Provided that when such an appeal is lodged, the applicant

shall be informed by the Tribunal that an appeal has been filed and he

may participate in such proceedings.

(1) The Tribunal shall, within two months from the

lodging of the appeal application, except in the instances where the

appeal is accompanied by a request for suspension of the execution of

a permission, appoint the day and hour and hold the first hearing for

the parties to appear before it, in order to show cause why the claims,

pleas and witnesses contained in their respective application and

reply should be allowed. The Tribunal shall, on the same day and at

the hour appointed for the first hearing of the appeal, decide which

witnesses, listed in the application for appeal and reply to the appeal,

it deems relevant for the purpose of giving evidence

Provided that where there is no request for a suspension of

the execution of the development as provided in the articles

hereunder, advance notice of not less than fourteen days, in such

manner as the Tribunal may deem appropriate, shall be given of the

first hearing of the Tribunal to the parties, and the interested third

parties who registered their interest during the processing of the

application before the Planning Authority, and the external consultees

who made their recommendations in terms of the Development L.N. 514 of

Planning (Procedure for Applications and their Determination) 2010.

Regulations, 2010 or any other regulations which may from time to

time succeed the said regulations

Provided further 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 thereof.

(2) Where the appeal is accompanied by a request for

suspension of the execution of a permission, the Tribunal shall notify

the parties, hold its first hearing and decide the request within the

time-frame stipulated in article 33(2).

On the date and time established after the first hearing, the Mode of

appellant and the Planning Authority shall appear before the Tribunal procedure

before the

and produce such evidence as the Tribunal may have directed.

Tribunal.

When from the same decision more than one appeal is Multiple appeals

lodged by different persons and entities entitled to lodge an appeal in from

decision.

terms of this Act, the Tribunal shall endeavour to ensure that all

appeals are heard concurrently and moreover shall endeavour to

deliver all its decisions concurrently.

All parties may require the production of witnesses not Undeclared

indicated in the application to appeal or reply to the appeal whose witnesses.

evidence might be required in view of evidence given or produced by

other witnesses. Such witnesses shall be authorised to give evidence,

provided that prior approval of the Tribunal is obtained, which

approval lies within the sole discretion of the Tribunal.

After the production of evidence is concluded, the Tribunal Final

shall give the appellant and the Planning Authority an opportunity to submissions.

make their final submissions

Provided that when the applicant is not the appellant, the

applicant shall also have a right to make final submissions.

The Tribunal may adjourn to another date any hearing of Postponement

the appeal if it is satisfied that any of the parties was prevented from of hearing.

appearing before it owing to proven illness or absence from Malta or

other similar reasonable cause

Provided that there shall be no adjournment of the hearing of

the appeal in cases where the hearing can proceed with regard to the

other parties without causing prejudice to the rights of the party who

was prevented from appearing before the Tribunal for the reasons

indicated in this article.

Should a witness duly notified by a summons signed by the

Chairperson of the Tribunal fail without just cause to appear before

the Tribunal, such person shall be fined by the Tribunal a fine (multa)

of not less than two hundred euro (€200) and not more than five

thousand euro (€5,000).

(1) The Tribunal may require any department or agency

of the Government to provide the Tribunal with such information as

the Tribunal may deem necessary for the proper execution of its

functions.

(2) The appointment of experts shall be regulated by the

following provisions

(a)

the Tribunal may appoint an expert or more than one

expert to draw up a report on any matter which the Tribunal

deems relevant to the appeal;

(b) where the parties to an appeal agree on the

submission of a name of an expert, the Tribunal shall appoint

the expert agreed upon by the parties;

(c)

where the parties fail to agree upon the appointment

of an expert, the Tribunal shall appoint an expert of its own

choice.

(3) In the Tribunal’s decree appointing an expert, the Tribunal

shall

(a)

state the object of the appointment;

(b) fix the day and time when the expert is to conduct an

inspection in faciem loci where necessary;

(c)

give directions for the guidance of the expert in the

execution of his task, where necessary;

(d)

establish a date by which the expert should draw up

a report;

(e)

state which party is to bear the expenses of such an

expert.

(4) The Tribunal may, at any time, order the expert to return

the records of the appeal that are in his possession. In case of non-

compliance with the Tribunal’s order, the expert shall, without

prejudice to any other proceedings which may be instituted against

him, be guilty of contempt of the Tribunal’s order.

(5) The Tribunal may order the expert to attend the hearings of

the appeal and to place to the witnesses any questions he may deem

necessary or relevant to enable him to draw up his report.

(6) The expert shall be served with a copy of all the

documentation contained in the appeal file.

(7) An expert may be challenged by any of the parties to an

appeal on good cause being shown to the Tribunal, as stated in the

Code of Organization and Civil Procedure.

(8) The report of the expert shall indicate the enquiries carried

out by the expert and his findings together with the grounds for such

findings.

(9) The rules applicable to referees in the Code of Cap. 12.

Organization and Civil Procedure shall mutatis mutandis apply to

experts appointed by the Tribunal.

The Tribunal shall have the power to confirm, revoke or Power to

alter the decision appealed from and give such directions as it may confirm,

or alter

deem appropriate

decisions.

Provided that the Tribunal may, according to

circumstances, and before confirming, revoking or altering the

decision, request the applicant 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

Planning Authority shall not change. The Tribunal, where it deems

that the substance of the matter as presented before the Planning

Authority shall change, may give such directions as it may deem

appropriate in the circumstances with respect to the respective claims

by redirecting the documents and plans to be decided upon again by

the Planning Authority.

In the absence of any rules on any matter, the Tribunal may Tribunal may

regulate its own

regulate its own procedure.

procedure.

PART IV

Decisions of the Tribunal related to decisions taken

by the Planning Authority

(1) The Tribunal may, at the request of the appellant,

which request may only be made by an application lodged

concurrently with the application for the appeal, suspend through a

partial decision, in whole or in part, the execution of any permit,

pending a decision being delivered by the said Tribunal, under those

terms, conditions and other measures as it may deem fit

Provided that the Tribunal may not grant a suspension of

the execution of a permit in relation to an application, for a

development which, in the opinion of the Minister responsible for the

Planning Authority, is of strategic significance or of national interest,

related to any obligation ensuing from a European Union Act, affects

national security or affects the interests of the Government and, or

other governments. This proviso is not applicable to applications

relating to development or installations which are subjected to an

environmental impact assessment (EIA) and, or integrated pollution

prevention and control (IPPC) matters.

(2) The Tribunal shall hold its first hearing and shall deliver a

decision with respect to the suspension or otherwise of the permit,

within thirty days from the receipt of the application.

(3) The Tribunal 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 prejudice

caused by the staying of the actual execution of the permit. It shall

also not suspend the execution of such a permit if it is satisfied, after

hearing all the parties, that the development may be easily removed or

reversed or that the request is frivolous or vexatious.

(4) The Tribunal shall give reasons justifying its decision to

suspend the execution of the permit or otherwise.

(5) The Tribunal shall not suspend the execution of such a

permit for more than

(a) three months from the date of the first hearing of the

appeal before the Tribunal in the case of an application not

being one described in paragraph (b);

(b) one month from the date of the first hearing of the

appeal before the Tribunal, in the case of an application

subjected to an environmental impact assessment (EIA) and, or

to an integrated pollution prevention and control (IPPC) permit,

which in the opinion of the Minister responsible for the

Planning Authority is of strategic significance or of national

interest, related to any obligation ensuing from a European

Union Act, affects national security or affects the interests of the

Government and, or of other governments.

(6) The suspension order shall be deemed to have elapsed ipso

jure after the lapse of the periods indicated in sub-article (5).

The Tribunal shall, whenever the execution of a permit has Decision on the

merits when the

been suspended, grant its final decision on the merits of the appeal

execution of a

permit has been

suspended.

(a) within three months from the date of the first

hearing of the appeal;

(b) within one month from the date of the first hearing

of the appeal in the case of an application subjected to an

environmental impact assessment (EIA) and, or to an integrated

pollution prevention and control (IPPC) permit which in the

opinion of the Minister is of strategic significance or of national

interest, related to any obligation ensuing from a European

Union Act, affects national security or affects the interests of the

Government and, or of other governments.

The Tribunal shall

Decision on the

merits when no

request for

(a)

whenever a request for suspension of the execution

suspension has

been made or

of a permit has not been made, grant its final decision on the

upheld.

merits of the appeal within one year from the first hearing of the

appeal which period may be extended only once by a further

period of six months in exceptional cases, in the interests of

justice;

(b) whenever a request for suspension of the execution

of a permit has not been upheld, grant its final decision on the

merits of the appeal within one year from the partial decision,

which period may be extended once by a further period of six

months in exceptional cases in the interests of justice;

(c)

in relation to appeals from special summary

proceedings applications, grant its final decision on the merits of

the appeal within three months from the first hearing of the

appeal

Provided that in the event that the original period is

extended as above stated, no evidence or submissions shall be lodged

during the extension period

Provided further that in the event that a final decision is not

granted within the time-frames above indicated, the appeal shall be

assigned by the Secretary to another panel.

(1) On any appeal by any person who feels aggrieved by

any stop or enforcement notice served on him in terms of articles 97,

98 and 99 of the Development Planning Act, 2016, the Tribunal

(a) if satisfied that a permission was granted under the

Development Planning Act, 2016, or under any other law which

preceded the Development Planning Act, 2016, regulating the

activity in question or building permits, for the activity or the

development to which the notice relates, or that no such

permission was required in respect thereof, as the case may be,

and that the conditions subject to which such permission was

granted have been complied with, shall quash the notice to

which the appeal relates or such part thereof in respect of which

the Tribunal is satisfied as aforesaid;

(b)

in any other case, shall dismiss the appeal

Provided that the Tribunal shall order the Planning

Authority to modify the notice accordingly if it considers that not all

the listed illegalities in the detailed description contained in the notice

are illegal or that some illegalities have been removed.

(2) If before an appeal is lodged or during the pendency of an

appeal, the appellant or any other person submits to the Planning

Authority an application for a development permission regarding the

activity and, or development mentioned in the notice, the Tribunal

shall dismiss the appeal if it is satisfied that the said application is

intended to regularise the activity and, or development mentioned in

the notice.

(3) Where an appeal is dismissed as provided in sub-article

(2), the provisions of article 97(8) of the Development Planning Act,

2016, shall apply.

(4) The Tribunal may correct any defect or error in the

enforcement notice, which might otherwise even render it invalid,

provided that the appellant shall be given sufficient time to prepare

and put forward his case.

(5) The Tribunal shall, in relation to appeals from enforcement

notices grant its final decision on the merits of the appeal within one

year from the first hearing, which period may be extended only once

by a further period of six months in exceptional cases, in the interests

of justice

Provided that in the event that the original period is

extended as above stated, no evidence or submissions shall be lodged

during the extension period

Provided further that in the event that a final decision is not

granted within the time-frames above indicated, the appeal shall be

assigned by the Secretary to another panel.

On any appeal by any person who feels aggrieved by any Appeals from

decision of the Executive Council whereby a scheduling order and, or scheduling

conservation

a conservation order has been issued in terms of article 57(11) of the orders.

Development Planning Act, 2016, the Tribunal shall either revoke,

modify or confirm the order.

(1) The decisions of the Tribunal shall be binding on the Provisions

Planning Authority, external consultees, registered interested third applicable

decisions.

parties and any other person and, or entity affected by the decision, if

they are supported by the opinion of two of its members, and the

dissenting member, if any, may express his opinion separately.

(2) 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.

The decisions of the Tribunal shall be final and no appeal Appeals from

shall lie therefrom, except on a point of law decided by the Tribunal decisions

Tribunal.

or on any matter relating to an alleged breach of the right of a fair

hearing before the Tribunal.

The Tribunal shall indicate, with sufficient clarity, the Tribunal to

indicate the

grounds on which it bases its decisions.

grounds of its

decision.

Although it shall not be necessary for the Tribunal in its Specific and

decision to deal with every point raised in argument, a submission express

considerations.

that would, if accepted, be decisive for the outcome of the case, shall

require a specific and express consideration.

The Tribunal may deem an appeal as abandoned if the Appeals deemed

appellant shows no interest in the appeal submitted by him. Failure of to

abandoned.

the appellant to appear before the Tribunal on two consecutive

sittings without good cause shall be deemed to signify that the

appellant has no interest in the appeal.

The Tribunal may impose a fine of two thousand and five Frivolous or

hundred euro (€2,500) on the appellant in such cases where it declares vexatious

appeals.

an appeal to be frivolous or vexatious and in such cases the Tribunal’s

decision shall be final without any redress before the Court of Appeal

(Inferior Jurisdiction).

The Tribunal may impose such fees as it deems proper on

the party making a request for the carrying out of site inspections.

Should the Tribunal decide to hold such inspection on its own motion,

such inspection shall be at the charge of the appellant.

(1) If the Tribunal decides to grant a permit, or to

modify a decision taken by the Authority, it may impose a penalty, the

payment of fees and contributions and, or other conditions, which the

Tribunal shall deem appropriate. The funds accrued from such

penalties, fees and contributions shall be collected and administered by

the Planning Authority.

(2) The Planning Authority shall issue the permission 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, payment of a fee or contribution is

imposed, within one month from compliance by the appellant with

such condition or payment of such penalty, fee or contribution

imposed by the Tribunal in its decision.

(1) The Tribunal may, at any stage of the proceedings, at

the request of any of the parties, until the decision is delivered, after

hearing the parties where necessary, order the substitution of any act

or permit any written pleading to be amended, either by adding or

striking out the name of any party and substituting another name

therefor, or by correcting any mistake in the name or in the character

of the parties, or by correcting any other mistake or by causing other

submission of fact or of law to be added even by separate note,

provided that no such substitution or amendment shall affect the

substance either of the action or of the defence on the merits of the

case.

(2) Any administrative omission or mistake in an act may,

until the Tribunal shall have delivered its decision, be remedied by

the Tribunal of its own motion.

(3) The Tribunal may, upon the application of any of the

parties to be served on the other appellate parties, amend at any time,

by a decree, any error of calculation incurred in the decision.

(4) The Tribunal shall not be debarred from correcting any

error in the wording of the decision, or from altering any expression

which is equivocal, or which may be construed differently from that

evidently intended by the Tribunal, provided that an application is

made to that effect within twenty days from the date when the

decision is published, and in such case, the time allowed by this Act

for entering an appeal before the Court of Appeal (Inferior

Jurisdiction) from any decision so amended, shall commence to run

from the date of the notification of the decree given on the demand

for the amendment.

PART V

Proceedings before the Tribunal related to decisions taken

by the Environment and Resources Authority

(1) Any aggrieved party may appeal to the Tribunal in Appeal to the

accordance with the provisions of the Environment Protection Act, Tribunal

accordance with

2016, and any regulations made thereunder, and any person may the

of the

appeal any decision of the Environment and Resources Authority only Environment

in relation to environment assessments, access to environmental Protection Act.

information and the prevention and remedying of environmental

damage.

(2) An appeal to the Tribunal may be filed on any ground

including

(a)

that a material error as to the facts has been made;

(b)

that there was a material procedural error;

(c)

that an error of law has been made;

(d) that there was some material illegality,

unreasonableness, ineffective or insufficient consideration of

adverse effects, or lack of proportionality.

(3) The effect of a decision to which an appeal relates shall

not, except where the Tribunal or the Court of Appeal, as the case

may be, so orders, be suspended in consequence of the bringing of the

appeal

Provided that in the case of an appeal from the approval or

partial approval of a potentially irreversible action or an action that

may potentially be of significant damage to the environment, the

approval may be suspended by the Tribunal pending a final decision

by the Tribunal if the said Tribunal deems that this would be in the

interest of avoiding any likely significant or irreversible effects or

implications on the environment or for similarly justified reasons.

(4) The right of appeal to the Tribunal shall be competent to

any party aggrieved by the decision without the need to prove its

interest in the matter.

(5) The provisions relating to the publication and

communication of applications, submissions and decisions by the

Authority shall apply mutatis mutandis to the decision of the

Tribunal, over and above the procedures set out in this article.

(6) In order to further the effectiveness of the provisions of

this article, the Authority shall ensure that practical information is

made available to the public on access to the relevant procedures.

(7) All parties involved in the appeal may file a request before

the Tribunal to see the acts of the Authority at any time before the

sitting of the Tribunal.

(8) If an appeal has been lodged with the Tribunal by any party

other than the applicant, and the applicant submits a request for

reconsideration, the proceedings before the Tribunal shall be

suspended until the request for the reconsideration has been

determined and a copy of the decision has been submitted to the

Tribunal by the Authority, and any time periods established under the

provisions of this Act in relation to the proceedings before the

Tribunal shall commence from the date of receipt by the Tribunal of

the decision on the request for reconsideration and the appellant shall,

within a period of thirty days, from notification of the decision on the

request for reconsideration, amend his appeal or make further

submissions to the Tribunal, if he deems it necessary.

(9) When an appeal has been lodged with the Tribunal by any

party other than the applicant in terms of this Act, 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 such a person shall submit reasoned grounds based

on environmental considerations to justify his appeal.

(10) The Tribunal shall, within two months from the lodging of

the appeal application, except in the instances where the appeal is

accompanied by a request for suspension of the execution, appoint the

day and hour and hold the first hearing for the parties to appear before

it, in order to show cause why the claims, pleas and witnesses

contained in their respective application and reply should be allowed.

The Tribunal shall, on the same day and at the hour appointed for the

first hearing of the appeal, decide which witnesses, listed in the

application for appeal and reply to the appeal, it deems relevant for

the purpose of giving evidence

Provided that where there is no request for a suspension of

the execution as provided in the articles hereunder, advance notice of

not less than fourteen days, in such manner as the Tribunal may deem

appropriate, shall be given of the first hearing of the Tribunal to the

parties, and the interested parties, and the external consultees who

made their recommendations

Provided further 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 thereof.

(11) The provisions of articles 12, 13(1) and (3), 14, 15, 16, 17,

18, 20, 23(2), 24, 25, 26, 27, 28, 29, 30, 31, 32, 39, 40, 41, 42, 43, 44,

45 and 46 shall apply mutatis mutandis to the appeals filed under this

Part of this Act, and all references to the Planning Authority in such

articles shall be construed as a reference to the Environment and

Resources Authority.

(1) When appeals are filed by any person who feels Appeals from

aggrieved by an order served on him in accordance with article 76 of stop

compliance

the Environment Protection Act, 2016, the Tribunal

orders.

(a) if satisfied that a permit was granted under the

Environment Protection Act, 2016, or under any other law

which was in force before the Environment Protection Act,

2016, and which regulated the activity in question, for the

activity to which the order relates, or that no authorisation was

required in respect thereof, as the case may be, and that the

conditions subject to which such authorisation was granted have

been complied with, shall quash the order to which the appeal

relates or such part thereof in respect of which the Tribunal is

satisfied as aforesaid;

(b)

in any other case, shall dismiss the appeal

Provided that the Tribunal shall direct the Environment

and Resources Authority to modify the order if it considers that not

all of the illegalities listed in the detailed description in the order are

illegal or if some of the illegalities have been removed.

(2) If before an appeal is lodged or during the pendency of

such appeal, the appellant or any other person submits to the

Environment and Resources Authority an application for an

authorisation regarding the activity mentioned in the order, the

Tribunal shall dismiss the appeal if it is satisfied that the said

application is intended to regularise the activity mentioned in the

order.

(3) Where an appeal is dismissed in accordance with sub-

article (2), the provisions of article 76(12) of the Environment

Protection Act, 2016, shall apply.

(4) The Tribunal may correct any defect or error in the stop

order even if had it not been for the correction such would render it

invalid, provided that the appellant shall be given sufficient time to

prepare and put forward his case.

(5) The Tribunal, in respect of appeals from stop orders, shall

give its final decision on the merits of the appeal within one year from

the date of the first hearing which period may be extended only once

for a period of six months in exceptional cases in the interest of

justice

Provided that if the original period is extended as declared

above, no evidence or submissions shall be put forth within the period

of extension

Provided further that if a final decision is not delivered

within the deadlines indicated above, the appeal shall be assigned by

the Secretary to another panel.

(1) When an appeal is filed by any person who feels

aggrieved by a decision of the Authority, in accordance with the

provisions of article 69 of the Environment Protection Act, 2016, the

Tribunal shall revoke or modify the order, or dismiss the appeal.

(2) Where the Tribunal decides to remove the designation of

protection from a protected area or reduce the level of protection

afforded to an area that has been designated as protected, the Tribunal

shall request the approval of the Minister responsible for the

Environment and Resources Authority and the period for the lodging

of an appeal from the decision of the Tribunal to the Court of Appeal

shall continue to run from the date in which the Tribunal informed the

appellant with the approval of the Minister.

PART VI

Appeals from decisions of the Tribunal

(1) Saving the provisions of article 39, an appeal from

decisions of the Tribunal shall lie to the Court of Appeal constituted

in terms of article 41(6) of the Code of Organization and Civil

Procedure, on points of law.

(2) The appellant in front of the Tribunal and all other persons

who participated in the appeal may appeal from decisions of the

Tribunal.

An appeal from a partial decision of the Tribunal in terms

of article 33 may only be filed together with an appeal from the final

decision of the Tribunal.

An appeal to the Court of Appeal (Inferior Jurisdiction) Time-frame for

shall be submitted within twenty days from when the decision of the appeals

decisions of the

Tribunal is delivered in public and such an appeal shall be regulated Tribunal.

by the rules of court made under article 29 of the Code of Cap. 12.

Organization and Civil Procedure.

Appeal proceedings before the Court of Appeal (Inferior Legal and

Jurisdiction) pursuant to article 49 shall be concluded in a timely judicial

and fees.

manner. Legal and judicial costs and fees in the said proceedings shall

be taxed in accordance with paragraph (7) of item 3 of Tariff A and

with paragraph (b) of item 15 Tariff E in Schedule A to the Code of Cap. 12.

Organization and Civil Procedure.

The legal and judicial representation of the Tribunal shall Legal and

vest in the Secretary of the Tribunal or in such other person as the judicial

representation.

Prime Minister may determine for any specific case or class of cases.

The Tribunal established under the provisions of this Act Saving.

shall perform and succeed all the functions, assets, rights, liabilities

and obligations of the Environment and Planning Review Tribunal

respectively established under the provisions of the Environment and Cap. 504.

Development Planning Act.

Passed by the House of Representatives at Sitting No. 338 of the

9th December, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€2.52