ATT Nru VII tal-2016 ACT No. VI I 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. 19,528, 26 ta’ Jannar, 2016

Taqsima A

MALTA

ATT Nru VII tal-2016

ACT No. VI I of 2016

ATT maħruġ b’liġi mill-Parlament ta’

AN ACT enacted by the Parliament of

Malta.

Malta.

ATT biex jipprovdi għall-ippjanar

AN ACT to make provision for

sostenibbli u l-ġestjoni ta’ żvilupp u

sustainable

planning

and

għat-twaqqif ta’ awtorità b’setgħat

management of development and for

għal dak il-għan u għall-kwistjonijiet

the establishment of an authority with

konnessi jew anċillari magħha.

powers to that effect and for matters

connected therewith or ancillary

thereto.

(1) The short title of this Act is the Development

Planning Act, 2016.

(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 sub-article (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.

Provisions with respect to the Executive Council

1. The provisions of this schedule regulate the procedures to

be used by the Executive Council.

2. Subject to the provisions of this Act, including this

Schedule, the Executive Council may regulate its own procedure.

3. When the Executive Council is considering plans and

policies, the spatial strategy for environment and development,

subsidiary plans and policies, and the making of orders as regulated

under Part V of this Act, the following procedure shall be observed

(a) The quorum shall consist of the Executive

Chairperson or acting Executive Chairperson and at least three

other members of the Council.

(b) The Executive Chairperson, or the acting Executive

Chairperson acting in his place, shall have an original vote and

in the case of a tie a casting vote. All members of the Executive

Council except those having observatory status present at the

meetings shall cast their vote in favour or against any motion

put to the vote. Decisions shall be adopted by a simple majority

of the votes of the members present and voting.

(c)

Without prejudice to the provisions of article 13, a

member of the Executive Council who has a direct or indirect

interest in any matter coming before the Executive Council 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

(i) shall not take part in any discussions or

decisions of the Executive Council with respect to that

matter; and

(ii) shall be disregarded for the purpose of

constituting a quorum for any such discussions or

decisions.

(d) All acts done by any person in good faith as a

member of the Executive Council shall be valid and effective as

if he were a member even if some defect in his qualification for

appointment is subsequently discovered.

(e)

The Executive Council may not delegate to the

Executive Chairperson or any of its members, the power to

endorse any documents or plans relating to any matter under its

consideration.

(f)

The meetings of the Executive Council shall be open

to the public when the Executive Council is considering a

planning control application in terms of article 54(1), (2) and (3),

descheduling and requests for reconsideration of scheduling in

terms of article 57(10), and the Executive Council shall allow

the applicant or the owner (in the case of requests for

reconsideration from scheduling) and his representative, or any

one of them, and any interested third party who made

representations in accordance with the provisions of any

regulations made under article 54(3), to make submissions on

any matter under consideration. The Executive Chairperson, at

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

public to make submissions, subject to the power of the

Executive Chairperson to exclude any member of the public if

he 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 any regulations made under

article 54(3) or the public as he may deem appropriate.

(g) Where the Executive Council votes against a

recommendation, if any, made by the Executive Chairperson,

the Executive Council shall register in the relevant file the

specific planning reasons adduced by it justifying the

overturning of such recommendation.

(h) Meetings of the Executive Council on the contents

of a planning control application to the Executive Council, may

also not be held in public but votes may not be taken.

(i)

Subject to the provisions of this Act, including this

Schedule, the Executive Council may regulate its own

procedure.

In this Act unless the contents otherwise requires

"action plan" has the meaning assigned to it by article 49;

"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;

"agriculture" means a human activity consisting in the growing of

crops and rearing of animals for purpose of production of food or other

products

and

includes

horticulture,

fruit-growing,

seed

production, forage growing, milk production, rearing and keeping of

livestock (including any creature kept for the production of food, wool,

leather, fur or for use in the cultivation of land or as breeding stock) as

well the use of land for grazing or as a meadow and "agricultural" shall

be construed accordingly;

"alteration" or "alterations" in relation to development includes

(a) plastering or painting or the removal of plaster or stucco, or (b) the

replacement of a door, window or roof, that materially alters the

external appearance of a structure so as to render the appearance

inconsistent with the character of the structure or neighbouring

structures;

"appeal" means an appeal to the Environment and Planning

Review Tribunal or to the Court of Appeal, as the case may be;

"application" means any form of application made to the

authority in terms of this Act;

"Authority" means the Planning Authority established under

article 5 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 made thereunder;

"building" includes any structure or erection and any part of a

building, but does not include plant or machinery comprised in a

building;

"building levy" means the Development Permission Fee under

article 81(1) together with the Infrastructure Service Contribution

under article 81(2);

"building operations" includes rebuilding operations, structural

alterations to or additions to buildings, and other operations normally

undertaken in the course of construction works;

"commencement notice" means a notice submitted by the perit

on behalf of the applicant to the Authority within the period of five

days in advance to the date of commencement of works or utilization

of permission, to notify the Authority with the date of commencement

of works or utilization of permission, including the name of the

licensed builder, the perit and the site manager as defined in the site

management regulations, indicating their contact details where they

can be reached at any time;

"compliance certificate" means a certificate issued in terms of

article 102;

"conservation" in relation to natural heritage, 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;

"conservation" in relation to 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, treating, recording, preserving, maintaining, rehabilitating

and restoring any such property or any part thereof;

"the Commission" means the Planning Commission established

under article 65;

"days" means calendar days;

"derivatives" means parts of any specimen, whether processed

by man or not;

"development brief" has the meaning assigned to it by article

51;

"development" means any interventions that fall under the

provisions described in article 70;

"development order" means an order made under article 55;

"development permission" means a permission to carry out or

retain development granted by the Planning Board or the Planning

Commission either in consequence of an application or of a

development order;

"development planning" means a planning system which shall

have as its main objective sustainable development;

"engineering operations" includes any physical changes to the

land surface and sea bed, 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;

"Environmental Impact Assessment" means an assessment in

terms of the Environmental Impact Assessment Regulations or other S.L. 504.79.

regulations applicable from time to time;

"environmental NGOs" means non-governmental organizations

promoting environmental protection and which are registered under

the Voluntary Organisations Act;

"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;

"Gazette" means the Government Gazette;

"illegal use" is limited, in relation to land, to use not covered by

a development permission issued by an authority related to

development;

"illegal works" means any works on, in, over or under land,

carried out after 1967 and not covered by a development permission

issued by an authority related to development;

"IPPC permit" means a permit in terms of the Industrial

Emissions (Integrated Pollution Prevention and Control) Regulations;

"land" includes a building and also land which has been formed

following land reclamation and also the sea and the seabed;

"land reclamation" means the gain of land from the sea, or

wetlands, or other water bodies and restoration of productivity or use

to lands that have been degraded by human activities or impaired by

natural phenomena;

"land use planning" shall include regulation both on land and

land to be reclaimed from sea;

"local council" means a local council established under the

Local Councils Act;

"local plan" has the meaning assigned to it by article 48;

"maintenance operations" shall not include demolition and

rebuilding works, irrespective of where such demolition and

rebuilding works are carried out;

"major projects" is a project as defined by regulations under this

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 or Parliamentary Secretary

under whose portfolio the Authority is included;

"owner" means -

(a)

a person who in his own right or as a duly authorised

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, but

does not include a person who holds the land under title of an

agricultural lease;

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

or the usufructuary;

(c)

an emphyteuta;

(d) any one of the co-owners of the land on which

development takes place;

(e)

any one of the spouses, where the land to which the

development relates forms part of the community of acquests;

(f)

the director or directors of the company duly

authorised to appear and represent the company which owns the

land to which the development relates;

"permission" means a development permission;

"person" includes a body or other association of persons

whether granted legal personality or not and shall include

environmental NGOs;

"plan" means a plan approved in accordance with the provisions

of this Act;

"policy" means a policy approved in accordance with the

provisions of this Act;

"position statement" means a statement issued by either the

Minister or the Executive Council in order to provide a detailed

technical explanation justifying a position with respect to a specific

planning issue;

"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;

"projects of common interest" means a project necessary to

implement the energy infrastructure priority corridors and areas set

out in Annex I to Regulation EC No. 347/2013 and which is part of

the Union list of projects of common interest referred to in article 3 of

Regulation EC No. 347/2013 or other regulations applicable from

time to time;

"public officer" has the meaning assigned to it by article 124 of

the Constitution;

"registered interested person or party" means any person who

makes representations as provided for in article 71(6);

"regulation" means a regulation made under article 84;

"road" means any 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

"Standing Committee" means the Standing Committee on the

Environment and Development Planning established in terms of

article 60;

"Spatial Strategy" means the Spatial Strategy for Environment

and Development as defined in article 44;

"subject plan" has the meaning assigned to it by article 47;

"subsidiary plans" includes subject plans, local plans, action

plans or management plans and development briefs;

"Tribunal" means the Environment and Planning Review

Tribunal established under the Environment and Planning Review

Tribunal Act;

"use", in relation to land, does not include the use of the land by

the carrying out of any buildings, engineering, mining or other

operations thereon;

"waste" means anything, 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 promote a Comprehensive, Sustainable,

Land Use Planning System

Provisions with respect to the Planning Board

and the Planning Commissions

1. The provisions of this Schedule regulate the procedures to

be used by the Planning Board and the Planning Commissions. For

the purposes of this Schedule, wherever the word "Planning Board" is

used, it is to be construed as to include the Planning Commissions,

unless the context otherwise requires.

2. The Planning Board may act notwithstanding any vacancy

amongst its members, provided there is a quorum present at the

meeting.

3. The quorum of the Planning Board shall consist of the

Chairperson or deputy Chairperson and not less than half the number

of the other members constituting the Planning Board, at the time of

the meeting.

4. The meetings of the Planning Board shall be called by the

Chairperson either on his own initiative or at the request of any two

members of the Planning Board, and the Planning Board shall also

meet at such times as it may itself decide.

5. The Chairperson, or the deputy Chairperson 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 Planning Board

present at its meetings shall cast their vote in favour or against any

motion put to the vote. Decisions shall be adopted by a simple

majority of the votes of the members present and voting.

6. Without prejudice to the provisions of article 13, a member

of the Planning Board who has a direct or indirect interest in any

matter coming before the Planning Board 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 discussions or decisions of

the Planning Board with respect to that matter; and

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

quorum for any such discussions or decisions.

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

the Planning Board 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 Planning Board may regulate its own procedure.

9. The meetings of the Planning Board shall be open to the

public, and the Planning Board 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

71(6), to make submissions on any matter under consideration. The

Chairperson, at his absolute discretion, may also allow any other

member of the public to make submissions, subject to the power of

the Chairperson to exclude any member of the public if he 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 71(6) or the public as he may deem

appropriate.

10. Where the Planning Board votes against a

recommendation, if any, made by the Executive Chairperson, the

Planning Board shall register in the relevant file the specific planning

reasons adduced by it justifying the overturning of such

recommendation

Provided that the Planning Board may also delegate to the

Chairperson or any of its members, the power to endorse any

documents or plans relating to any matter under its consideration.

11. Meetings of the Planning Board where the Executive

Chairperson is providing information on the contents of a

development application to the Planning Board, may also not be held

in public but votes may not be taken.

It shall be the duty of the Government to enhance the

quality of life for the benefit of the present and future generations,

without compromising the ability of future generations to meet their

own needs, through a comprehensive sustainable land use planning

system, and to that effect

(a) to preserve, use and develop land and sea for this

and future generations, whilst having full regard to

environmental, social and economic needs;

(b) to ensure that national planning policies are

unambiguous, accessible and clear to the general public;

(c)

to deliver regular plans in accordance with the needs

and exigencies from time to time;

(d) to identify regional planning shortcomings and

address any problems found in relation thereto;

(e)

to apply scientific and technical knowledge,

resources and innovation for the effective promotion of

development planning; and

(f)

to consider public values, costs, benefits, risks and

uncertainties involved when taking any decisions.

The Standing Committee on the Environment

and Development Planning

The plans and policies that shall be referred to the Standing

Committee in accordance with the provisions of article 60 are

(a) those plans and policies which refer to the land

situated outside the development zones as defined in the Spatial

Strategy 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 compliance

certificates.

The provisions of article 3 shall not be directly enforceable Application of

in any court, but, notwithstanding this, the principles therein article 3.

contained are fundamental to the Government of Malta and these

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

Establishment and Scope of the Authority

List of observatory members of the Executive Council

(i)

National Commission Persons with Disability (KNPD);

(ii) The Superintendent of Cultural Heritage;

(iii) Occupational Health and Safety Authority;

(iv) Transport Malta;

(v) Malta Tourism Authority;

(vi) Water Services Corporation;

(vii) Civil Protection Department;

(viii)Enemalta Corporation;

(ix) Any other government department, entity, authority and

any other non-government entity indicated by the Minister

from time to time.

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

€9.36

There is hereby established an authority, to be known as Establishment

the Planning Authority, hereinafter referred to as the Authority, which of

Authority.

shall consist of the Executive Council and the Planning Board.

(1) The Authority shall be a body corporate having a Authority to be

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

and

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

of the Authority.

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

be vested in the Executive Chairperson of the Executive Council

Provided that the Executive Chairperson may appoint any

one or more of the other members of the Executive Council or any

one or more of the officers or employees of the Authority to appear in

the name and on behalf of the Authority in any proceedings and in

any act, contract, instrument or other document whatsoever.

(1) The Authority shall be the principal means whereby Functions of the

Authority.

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 which were

previously assigned to the Malta Environment and Planning

Authority under the provisions of the Environment and

Development Planning Act and are now contained in this Act

and to perform and succeed in the assets, rights, liabilities and

obligations of the Malta Environment and Planning Authority

established under the provisions of the Environment and

Development Planning Act to the extent that the Minister may

prescribe by regulations under this Act;

(b)

the functions of the Executive Council and the

Planning Board listed under articles 38 and 64;

(c)

to facilitate and coordinate the permit granting

process for projects of common interest;

(d) to perform and succeed in the functions which were

previously assigned to the Building Regulation Board and the

Building Regulation Office under the provisions of the Building

Regulation Act and which are now contained in this Act and to

perform and succeed in the assets, rights, liabilities and

obligations of the Building Regulation Board and the Building

Regulation Office established under the provisions of the

Building Regulation Act to the extent that the Minister may

prescribe by regulations under this Act; and

(e)

the performance of any 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.

(3) The Authority may also exercise all powers of control over

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.

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

Executive Council is fully informed of Government’s strategic

directions relative to development planning, and to monitor the

proper execution of such policies.

(5) The Authority shall execute its duties, functions and

responsibilities in accordance with Government’s strategic directions

relating to development planning.

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

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

best practices and standards.

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

Authority shall regulate its own procedure.

(8) The Authority shall also ensure that it keeps an audit trail

of all its files, including all documentation and reports

Provided that files, documentations and reports may be

digitised and the Authority may after digitisation dispose of hard

copies of files, documentations and reports after a period of twenty

(20) years from date of submission to the Authority or to any other

previous entity carrying out the same functions.

PART IV

Common Provisions

The Authority may, in accordance with the provisions of Delegation of

this Act and with the approval of the Minister, delegate any one or power.

more of its functions under this Act under such conditions as it may

deem appropriate. Notice of any such delegation shall be published in

the Gazette.

The Executive Council may with the approval of the Appointment of

Minister appoint advisory boards and committees to assist it in the advisory

and committees.

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

functions of the said boards and committees shall be prescribed by the

Executive Council with the approval of the Minister.

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

affairs and business of the Authority shall be the responsibility of the affairs

Authority.

Executive Council. 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 Executive Chairperson of the Executive Council,

who shall also have such other powers as may from time to time be

delegated to him by the Minister.

(2) The Authority and each of its 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 with respect

to the Authority, any such thing may also be done by 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) The Executive Chairperson shall, himself or his

representative, have the right to be present and participate at all

meetings of the Planning Board, the Commission and all the meetings

held by all the boards and committees appointed by the Executive

Council.

(2) The Minister, in consultation with the respective

chairperson of the Executive Council and the Planning Board shall

appoint a secretary to assist the respective entity. The secretary shall

have the duty of calling meetings and keeping minutes and assume

such other duties as the chairperson of the Executive Council or

Planning Board may delegate to him.

(3) The Executive Council shall also appoint an Internal

Auditor. The Internal Auditor shall

(a)

oversee the systems of internal control and risk

management of the Authority and assist and support the

Authority in discharging its responsibilities in relation thereto;

(b) provide the communication link with external

auditors and 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

in so far as financial matters are concerned.

(4) The Internal Auditor shall report directly and exclusively

to the Executive Council in accordance with procedures established

by the Executive Council.

(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 Executive

Council and the terms and conditions of their employment and

appointment shall be established by the Executive Council with the

concurrence of the Minister.

(2) The Executive Council 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, or a member of Disclosure of

the staff of the Authority, or a consultant, advisor or other person interests.

engaged by the Authority, has any interest in any matter which falls to

be considered by the Authority, he shall upon becoming aware of

such interest

(a)

disclose to the Executive Council or the Planning

Board, as the case may be, the nature of his interest;

(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 sub-article (1), the question shall be

referred to the Executive Council or the Planning Board as the case

may be and the decision taken and its motivation shall be recorded in

the minutes of the meeting during which the decision was taken and

such person is to be duly informed.

(3) Where a disclosure is made to the Executive Council or the

Planning Board as the case may be pursuant to sub-article (1),

particulars of the disclosure shall be recorded in the minutes of the

relative meeting.

(4) Where a person to whom sub-article (1) applies, excluding

members of the Authority, fails to make the required disclosure, the

Executive Council shall decide the appropriate action to be taken

which may include, after concurrence from the Minister, the removal

from office or termination of the contract of the person concerned. In

the case of members of the Authority, the provisions of articles 37(3)

and 63(6) shall apply.

The Executive Council shall appoint and employ, at such Appointment

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

officers and

accordance with article 12, determine, such officers and employees of employees

the Authority.

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

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

such capacity and with effect from such date as may be specified 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 17;

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 sub-article (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 15, 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

Executive Council 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 Cap. 93.

Ordinance and the Widows’ and Orphans’ Pensions Act and for Cap. 58.

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 sub-article

(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 Executive Council may, with the approval of the Offer of

Prime Minister, offer permanent employment with the Authority to permanent

employment

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

Authority to

provisions of article 15 at remuneration and on terms and conditions public officers

detailed for duty

as set out by the Authority.

with the

Authority.

(2) Every officer who accepts permanent employment with the

Authority offered to him under the provisions of sub-article (1) shall,

for all purposes other than those of the Pensions Ordinance and of the Cap. 93.

Widows’ and Orphans’ Pensions Act, and saving the provisions of Cap. 58..

article 30 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.

(3) 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.

(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 who has accepted permanent

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

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

Authority with effect from the date established under the proviso to

article 15(2)(b) and who subsequently accepts permanent

employment with the Authority the foregoing provisions shall apply

subject to the following provisions of this article.

(6) For the purposes of the Pensions Ordinance the

pensionable emoluments on retirement of any public officer to whom

sub-article (5) 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.

(7) (a)

The classification referred to in sub-article (6) 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 Ministry

responsible for 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.

(1) Without prejudice to the following provisions of this Authority to

article, the Executive Council shall so conduct the affairs of the meet

expenditure out

Authority so that the expenditure required for the proper performance of revenue.

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

(2) For the purposes of sub-article (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 sub-article, 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 sub-article (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.

For the purpose of carrying out any of its functions under Power to

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

capital.

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.

The Minister responsible for finance may, after Advances from

consultation with the Minister, make advances to the Authority of Government.

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

sub-article (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 sub-article (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

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 so

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 Expenditure to

Authority unless provision thereof had been made in the estimates be

approved

approved as provided in article 22.

estimates.

(2) Notwithstanding the provisions of sub-article (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 Publication of

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

estimates.

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 Executive 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 finances, of the

Authority.

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

the supply of goods or materials or for the execution of works, or for supply or works.

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 Annual Report

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 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 Ministers shall cause a copy of every such report to be

laid on the Table of the House as part of the estimates referred to in

article 24.

The Authority shall be exempt from any liability for the Exemption from

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

being in force in Malta.

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

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

to be deemed

Authority, namely the Executive Council, the Planning Board and any public

for certain

committee, board, commission or other body or office established by purposes.

this Act, and every officer or employee thereof, shall be deemed to be Cap. 9.

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 Executive Council, the Planning Board, the

Commission, any committee, 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.

(1) Every member of the Executive Council, the

Planning Board, the Commission 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,

issue, publish and review a code about the conduct expected of the

members of the Authority, the Executive Chairperson, chairpersons,

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 Executive Council,

the Planning Board, the Commission and any committee, board, or

other body established by this Act, and any other change in such

membership shall be published in the Gazette.

(1) The Minister shall, in consultation with the

Executive Council, 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 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 the

granting of any such information; and

(e)

the time-frame within which such information is to

be supplied.

(2) Without prejudice to the generality of sub-article (1), 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 development permission

received by it containing the name of the applicant and details

of the proposal, including documents and detailed plans;

(b) of all decisions including documents and detailed

plans made on such applications; and

(c)

of all its decisions in relation to the relaxation or

dispensation of building regulations

Provided that for the purposes of this sub-article the

application report and any plans concerning applications which relate

to national security, defence, banks, prisons, the airport and other

institutions or premises whose security it is desirable to safeguard as

the Authority may establish shall not be made accessible to the

public

Provided further that for the purposes of this article, in the

case of a file held by the Authority, any person shall have access to

that part of the file containing the following information

(i)

the application report of all applications and any

planning report regarding such applications;

(ii) all decisions relating to development permissions

issued by the Authority together with the relative plans and

documents including the reasons for the grant of such

permissions or refusal;

(iii) all environmental impact statements, environmental

planning statements and traffic impact statements; and

(iv)

all alternative site assessments and cost-benefit

analysis.

(3) The Authority shall ensure that detailed information is

made available to the public concerning access to appeal procedures

before the Tribunal and the Court of Appeal, including information on

the rights of any person to institute appeal proceedings and shall give

information on legal time limits and on mandatory fees payable in

respect of such proceedings including through publication on the

electronic website of the Authority.

(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 of his place of work, 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 notice or other

instrument or document to be served or given in a conspicuous

place on the land to which it relates and keeping it so affixed for

five working days and by publishing the notice, or other

instrument or document in a local newspaper. Where the notice,

or other instrument or document to be served or given is affixed

on the land but is removed before the expiry period of five

working days, the re-affixing of the notice, or other instrument

or document shall only be for the remaining period after the

document was removed.

(2) Where any 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 sub-

article (1) and addressed to the person having an interest in the land,

by the description of "owner", "occupier", or "owners", "occupiers",

as the case may require.

(3) A person who at any time after a notice is affixed pursuant

to sub-article (1)(e), removes, damages or defaces the notice without

lawful authority shall be guilty of an offence against this Act.

(1) The Minister may with effect from such date as may Savings.

be established by notice in the Gazette repeal the Environment and Cap. 504.

Development Planning Act, the Building Regulation Act and, or Cap. 513.

amend Code of Police Laws and different dates, rules and procedures Cap. 10.

may be so established for the revocation and, or applicability of

different provisions thereof.

(2) 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 Environment and Cap. 504.

Development Planning Act, the Building Regulation Act and the Cap. 513.

relevant provisions of the Code of Police Laws shall continue in force Cap. 10.

and shall continue to have effect as if made under this Act and may be

amended, substituted or revoked accordingly, unless such order, rule,

regulation, bye-law, notice, plan or policy or other instrument relate

to matters which fall under the Environment Protection Act.

(3) Any licence, permission, order, notice or certificate, or any

prosecution or charges, granted or made under or kept in force under

any of the provisions of the Environment and Development Planning Cap. 504.

Act, the Building Regulation Act and the relevant provisions of the Cap. 513.

Code of Police Laws and still in force immediately before the date of Cap. 10.

coming into force of this Act, shall as from such date continue in

force as if it were a licence, permission, order, notice or certificate, or

prosecution or charges, granted or made under a corresponding

provision of this Act, and any such licence, permission, order, notice

or certificate, or prosecution or charges as aforesaid shall be treated

and dealt with accordingly, unless such licence, permission, order,

notice or certificate, or any prosecution or charges granted or made,

relate to matters which fall under the Environment Protection Act

Provided that in the case of any such licence, permission,

order, notice or certificate issued as operative for a specific period,

such licence, permission, order or certificate shall remain operative

for such a period from the date such licence, permission, order, notice

or certificate was issued.

(4) The Users’ Committee established under the provisions of

article 61, shall perform and succeed all the functions, assets, rights,

liabilities and obligations of the Users’ Committee established under

the provisions of the Environment and Development Planning Act.

(5) The provisions of articles 33 (2) (c), 38(1)(o), 62, 64 (1)(b),

(c), (d) and (e), 77 (4), 86, 87, 88, 89, 90, 91 and 92 shall come into

force from such dates as may be established by notice in the Gazette, as

prescribed by the Minister.

PART V

Provisions related to the Executive Council

Establishment and Scope of the Executive Council

(1)

There is hereby established the Executive Council.

(2) The members of the Executive Council shall consist of the

following

(a) an Executive Chairperson appointed by the Minister

as established in article 37;

(b) two permanent members who shall be the

chairperson and the deputy chairperson of the Planning Board

as established in article 63;

(c)

two permanent members who shall be independent

members and who shall be appointed by the Minister for a

period of three years which may be extended for further periods

of three years each. The provisions of article 37(3) shall mutatis

mutandis apply;

(d) two members who shall be appointed by the Malta

Environment Authority who will always be called in, without fail,

to attend meetings of the Executive Council by the Executive

Chairperson whenever the Executive Council is considering

matters related to policies, scheduling and planning control

applications;

(e)

any other observatory member from the list of

entities indicated in the Fourth Schedule who may be called in

to attend meetings of the Executive Council at the discretion of

the Executive Chairperson

Provided that when the Executive Council is

considering scheduling and conservation orders and emergency

conservation orders, the Executive Chairperson shall always call

in the Superintendent of Cultural Heritage.

(3) The provisions of the First Schedule shall apply to the

Executive Council and regulate its proceedings.

(4) The Executive Council shall transmit a copy of the agenda,

minutes and relative enclosures of its meetings to the Minister for his

information.

(5) A member who has ceased to be a member of the Executive

Council shall be eligible for reappointment, but no person shall be a

member of the Executive Council for more than six years.

(1) The Minister shall appoint an Executive Appointment of

Chairperson. Such appointment shall be for a period of three years the

Chairperson.

which may be extended for further periods of three years each.

(2) The Executive Chairperson shall be responsible for the

implementation of the objectives of the Authority as set by the

Executive Council. In the exercise of his functions and without

prejudice to the generality of the foregoing the Executive Chairperson

shall

(a)

assume the overall supervision and control of the

Directorates, including the establishment of departments as in

the opinion of the Executive Chairperson may be necessary for

the proper functioning of the Authority and assign to such

departments their respective duties;

(b) co-ordinate the workings of the Executive Council

and of the Directorates and assign to the Directorates such

duties which are by, or in accordance with, the provisions of this

Act vested in such Directorates;

(c)

develop the necessary strategies for the ongoing

implementation of the objectives of the Authority;

(d) give his advice on any matter referred to him or on

any matter on which he considers his advice necessary or

expedient;

(e)

carry out such other functions and duties as the

Minister may assign to him from time to time;

(f)

establish and co-ordinate working groups that are set

up from time to time to formulate policies, plans or regulations.

(3) The Executive Chairperson may only be dismissed by a

Resolution of the House of Representatives at any time for a just cause

and it shall be a just cause if the Minister determines that he has not

achieved the targets and objectives set for him by the Minister.

(4) In the absence of the Executive Chairperson, or if the

Executive Chairperson is unable to perform the functions of his

office, whether under this or any other provision of this Act, the

Executive Chairperson may, following consultation with the Minister,

appoint any one of the other members of the Executive Council or any

one of the officers or employees of the Authority to act as acting

Executive Chairperson.

(1)

The functions of the Executive Council shall be the

following

(a) to provide a centralized office for the receipt and

processing of development applications;

(b) to provide a centralized office for the receipt and

processing of complaints, reports and assessment of

information, related to alleged breaches of the provisions of this

Act, and to co-ordinate investigations undertaken by the

competent authorities whenever the Authority is of the opinion

that a breach should be pursued by enforcement action or other

remedies;

(c)

to formulate, implement and update plans and

policies relating to the promotion of proper land and sea use,

both public and private; development planning of land and at

sea, both public and private; and such other matters as may be

necessary, ancillary, incidental or conducive to the better

carrying out of the provisions of this Act, whilst taking into

account the protection and management of the environment and

the sustainable management of natural resources;

(d) to enforce the control of such development in

accordance with plans, policies and permissions in terms of this

Act;

(e)

to carry out 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 sub-article;

(f)

to regulate alignment and levelling schemes and

their interpretation on site;

(g) to seek the co-operation of, or make arrangements

with, other entities or persons to enable it to better monitor the

implementation of, and compliance with, the provisions of this

Act;

(h) to establish long and short term objectives and

strategies for the proper administration of the Authority;

(i)

to advise the Minister on the making of guidelines

and regulations under this Act;

(j)

to provide support and advisory services, relating to

development planning on land and at sea in a sustainable

manner, to Government and local authorities in relation to the

performance of their functions;

(k)

to undertake research and conduct consultations

with

Government

departments,

non-governmental

organisations, private organisations and international

organisations and other persons relating to the development of

planning methods and models relating to development planning

on land and at sea and any other related matters;

(l)

to publish and update, as circumstances may

warrant, an official manual, which shall be published and

updated in electronic format or in any other format as it may

deem necessary, containing such matters as the Minister may

prescribe and which shall be made available to the public,

provided that

(i) no plan or policy or amendment thereto shall

have effect unless it is approved in accordance with the

provisions of this Act and published in the official

manual;

(ii) a plan or 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;

(m)

to make orders under this Part of this Act;

(n) to issue technical guidance documents as may be

required from time to time;

(o) to carry out any activity or function in relation to

building regulations or building control regulations which may

be assigned to it by means of regulations made by the Minister

in accordance to the provisions of this Act;

(p) to appoint from time to time sub-committees for the

purpose of compiling technical reports and, or identifying

procedures to be adopted.

(2) In the execution of its functions under this Part of this Act,

the Executive Council 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.

(1) The Executive Council shall establish Directorates

which shall have their respective responsibilities.

(2) The Executive Council shall in writing vest in the

Directorates established under sub-article (1), and subject to the

overall supervision and control of the Executive Chairperson, such of

the Authority’s functions as relate or are ancillary to the matters for

which such Directorates are made responsible. The said Directorates

are 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 sub-article (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 Executive

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

which may be extended for further periods of three years each.

Plans and Policies

Without prejudice to the provisions of this Act,

development planning 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 Executive Council shall, out of its own motion,

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

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

development planning.

(2) The Executive Council 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) When the Minister requests the Executive Council to make

a plan or a policy on any matter relating to development planning or

to review such a plan or policy, he shall make such a request in

writing, containing the reasons for making such a request together

with a statement of goals and objectives to be attained by the plan or

policy or by a revision of such plan or policy.

(4) The preparation and review of the Spatial Strategy shall be

regulated by the provisions of articles 44 to 46, whereas the

preparation or review of any other plan or policy shall be regulated by

the provisions of article 53

Provided that the Minister may, without prejudice to the

provisions of articles 44 to 46 and article 53, set out any additional

procedure that the Executive Council ought to follow, including the

carrying out of assessments, and, or consultations, including public

consultations, he may deem necessary.

(1) Where the Executive Council informs the Minister Where the

within thirty days of receipt of a request from the Minister to prepare Executive

Council is

or review a plan or policy, that it is unable to prepare or review the unable

prepare a plan

plan or policy, the Minister shall request any person that the Minister or policy.

deems competent in terms of sub-article (5), including any

government agency, other than the Executive Council, to prepare on

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

(2) The Minister shall also request the said person to comply

with article 53(2)(a) and (b).

(3) If the Executive Council 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 53(2) shall, mutatis mutandis,

apply.

(4) If the Executive Council 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 53(2)(g), (h), (i) and (j) shall

mutatis mutandis apply.

(5) 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 fields, having such qualifications as

the Minister may prescribe.

Without prejudice to the provisions of The European Strategic

Strategic Environmental Assessment Directive, the Minister may Environment

Assessment and

direct the Executive Council to subject any plan, policy or strategy other

assessments.

adopted or planned to be adopted by it to a Strategic Environment

Assessment or any other assessment as may by law be prescribed.

Spatial Strategy for Environment and Development

(1) The Spatial Strategy

for

Environment

and

Development or "Spatial Strategy"

(a) is a strategic document regulating the sustainable

management of land and sea resources covering the whole

territory and territorial waters of the Maltese Islands;

(b) 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;

(c)

must set out objectives in relation to the sustainable

development and use of land and sea and shall be illustrated by

diagrams as necessary;

(d)

must ensure that

(i) plans and policies 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 balance

demands for development with socio-economic

considerations and the need to protect the environment;

(ii) sectoral policies, activities and inputs are

integrated and coordinated with each other, combining the

inputs of all disciplines and groups;

(iii) all actions are based on a clear understanding of

the natural and legitimate objectives and needs of the

various land users;

(iv) it follows other national policies and plans.

(2) The Executive Council shall monitor the Spatial Strategy

and review it in part as often as may be necessary and in full not

before five years. Every such review shall be made in accordance with

the goals and objectives as set out by the Cabinet and shall take effect

as provided in the following provisions of this Part of this Act.

(3) In order to achieve the objectives set out in this article, the

Cabinet shall take the necessary measures intended to coordinate and

improve the spatial impacts of other sectoral policies and their

relation to the Spatial Strategy.

(4) For the preparation or review of the Spatial Strategy, the

Executive Council shall carry out surveys of those matters which

affect the character and quality of the environment, its conservation

and its development. These may include

(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 National Strategy

for the Environment, 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

Executive Council.

(5) In preparing or reviewing the Spatial Strategy, the

Executive Council shall have regard to

(a)

the

current

economic

policies

affecting

development;

(b)

the current social policies affecting development;

(c)

the

current

environmental

policies

affecting

development;

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

matters set out in sub-article (4);

(e)

the resources likely to be available for the

implementation of the plan;

(f)

all possible land and sea-use options.

(6) Prior to the preparation of the draft of the Spatial Strategy,

or a review thereof, the Executive Council shall provide adequate

opportunities for individuals and organisations to make

representations for a period of not less than three weeks.

(7) A review of the Spatial Strategy which is necessitated by

the proposed adoption of, or an amendment to a subsidiary plan need

not comply with the provisions of sub-articles (4) and (5) if the

matters referred to therein and that are relevant to the review have

already been carried out in the preparation of the subsidiary plan.

(1) When the draft of the Spatial Strategy or a review

thereof has been prepared in consultation with the Minister, the

Executive Council shall publish the strategy together with a statement

of the representations it has received during the preceding public

consultation exercise and the responses it has made to those

representations that were received within the consultation period

specified in article 44(6).

(2) The Executive Council shall invite representations on the

draft of the Spatial Strategy to be submitted to it within a specified

period of not less than six weeks.

(3) The draft of the Spatial Strategy, or any review thereof, a

position statement by the Executive Council recommending changes

to the said draft together with all representations made to the

Executive Council and the responses the Executive Council has made

to those representations that were received within the consultation

period specified in sub-article (2)(a) shall, as soon as practicable,

after the expiry of the period specified in sub-article (2)(a), be

referred to the Minister.

(1) At the conclusion of the procedures set out in the

foregoing provisions, the draft Spatial Strategy, and any review

thereof, shall be considered by the Cabinet of Ministers together with

the Minister’s position statement and all documentation indicated in

article 45(3).

(2) The Minister shall then cause the draft of the Spatial

Strategy, or as revised by the Cabinet, to be laid before the House of

Representatives together with a motion for a resolution that the

Spatial Strategy be approved by the House of Representatives, with

such amendments, if any, as may be specified in the resolution.

(3) When notice of the motion referred to in sub-article (2) of

this article is given by the Minister, that motion, the draft of the

Spatial Strategy as laid before the House and the representations

received within the consultation period specified in sub-article 2(a) of

article 45, shall be referred to the Standing Committee on the

Environment and Development Planning for its effective scrutiny.

The Standing Committee shall discuss the said motion, the draft of

the Spatial Strategy and the representations received within the

consultation period specified in sub-article 2(a) of article 45, not later

than one month after they have been referred to the Standing

Committee, and shall report thereon to the House not later than one

month from when it has discussed the motion, the draft of the Spatial

Strategy and the representations above mentioned

Provided that where the said Standing Committee fails to

report to the House within the said period above mentioned, the House

may pass on to discuss the motion and the draft of the Spatial Strategy.

(4) The Spatial Strategy, and any review thereof as approved

by the House of Representatives shall have effect as from such date as

may be specified for that purpose by the Minister by order in the

Gazette.

(5) All representations, made to the Executive Council and the

responses the Executive Council has made to those representations that

were received within the consultation period specified in sub-article

2(a) of article 45 shall be published by the Executive Council following

the date the Spatial Strategy or review thereof comes into effect as

specified in sub-article (3).

Subsidiary Plans and Policies

(1) A subject plan is a plan that deals with a specific Subject plan.

development planning matter setting out policies in relation to the

specific development planning matter in conformity with the Spatial

Strategy and including also 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 Spatial Strategy, whether or not such

areas are also covered by another plan or policy.

(1) A local plan is a plan that deals with the specific Local plan.

development planning requirements of an area where the rate of

development or redevelopment cannot be satisfactorily managed or

where special factors cannot be taken into account solely on the basis

of the Spatial Strategy. It shall set out detailed policies in relation to

the development planning matters of the area in general conformity

with the Spatial Strategy and where applicable, any subject plan.

(2) A local plan shall consist of a written statement supported

by such documents, maps of a suitable scale and diagrams as may be

considered necessary.

(1) An action plan or a management plan is a plan for a

specific area where the rate of development or redevelopment cannot

be satisfactorily managed or where special factors cannot be taken

into account solely on the basis of the local plan. It shall set out

detailed policies in relation to development planning matters of the

specific area in general conformity with the local plan and the Spatial

Strategy.

(2) An action plan or a management plan shall consist of a

written statement supported by a map or maps of suitable scale and by

such diagrams as may be necessary.

(1) "Other policies" are detailed policies and guidelines

that deal with the proper and effective management of development

of land and sea other than those already contained in a subsidiary

plan. They shall be in conformity with subsidiary plans and the

Spatial Strategy.

(2) Such policies shall be in a form appropriate to the

particular subject matter and may be supported by such documents,

assessments, maps and diagrams, drawings and illustrations as may

be considered necessary.

(1) A development brief is a document setting out

detailed planning guidance for the development of a specific site or

specific small area where it is considered that such guidance is

necessary in order to secure proper and orderly environmental

management or development of that site or area, or to implement to

that specific site or small area 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.

In the circumstances where multiple plans and policies Order or

apply to the same matter or area and there is a material conflict precedence

plans and

between any of them, precedence should be afforded in the following policies

of conflict.

order: the Spatial Strategy over the subject plan; the subject plan over

the local plan, the local plan over the action plan or management plan,

the action plan or the management plans over the development brief

and the development brief over other policies mentioned in article 50.

(1) In the preparation or review or withdrawal of a Procedure for

subsidiary plan or policy, whether such plan or policy is prepared, subsidiary

and policies.

reviewed or withdrawn on the Executive Council’s own motion or

following direction from the Minister, the procedure set out in this

article shall be followed with respect to the said plan or policy.

(2) In the preparation or review of a subsidiary plan or policy,

the Executive Council shall comply to the following procedure

(a)

prior to the preparation of the draft of the subsidiary

plan or policy, or a review thereof, the Executive Council shall

provide adequate opportunities for individuals and organisations

to make representations to the Executive Council for a period of

not less than three weeks;

(b) when the draft of the subsidiary plan or policy or a

review thereof has been prepared, the Executive Council shall

(i) publish the draft of the subsidiary plan or policy

or a review thereof together with a statement of the

representations it has received during the preceding public

consultation exercise, and the responses it has made to

those representations that were received within the

consultation period specified in paragraph (a);

(ii) invite representations on the draft of the

subsidiary plan or policy or a review thereof, to be

submitted to it within a specified period of not less than

six weeks;

(iii) refer the draft of the subsidiary plan or policy or

a review thereof to the Standing Committee on the

Environment and Development Planning established by

article 60 for its effective scrutiny, which Committee shall

draw up a report within the consultation period specified

in sub-paragraph (ii) and forward it to the Executive

Council;

(c) if the Executive Council does not make changes to

this draft, it shall adopt it and refer it to the Minister as the final

draft. It shall also forward to the Minister

(i) the statement of representations it has received

during the preceding two consultation exercises;

(ii) the responses it has made as a result of those

representations that were received within the consultation

periods specified in paragraphs (a) and (b)(ii);

(iii) the report of the Standing Committee on the

Environment and Development Planning; and

(iv) all the relative documentation and studies in

relation to the preparation of the subsidiary plan or policy;

(d)

paragraphs (g), (h), (i) and (j) shall then apply;

(e)

if the Executive Council makes changes to this draft

after the public consultation process mentioned in paragraph

(b)(ii), the Executive Council shall adopt the revised draft and

publish the amendments. It shall then invite representations on

the amendments within a specified period of not less than six

weeks and refer the amendments to the Standing Committee on

the Environment and Development Planning for its effective

scrutiny which Committee shall prepare a new report if deemed

necessary and forward it to the Executive Council;

(f)

the Executive Council shall refer the final draft of

the subsidiary plan or policy as adopted by it to the Minister for

his approval without further amendments together with

(i) all the statements of representations and all the

responses made to those representations that were

received within the consultation period specified for each

consultation period;

(ii) all reports prepared by the Standing Committee

on the Environment and Development Planning;

(iii) a precise indication of all the 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 or policy;

(g) where the Minister agrees with the final draft of the

subsidiary plan or policy or a review thereof, he shall approve it

as submitted by the Executive Council and shall refer it to the

Standing Committee on the Environment and Development

Planning where applicable in terms of Schedule III of this Act

for its effective scrutiny. The Standing Committee shall discuss

the subsidiary plan or policy or review thereof within one month

and report to the House within one month from when the

subsidiary plan or policy was discussed. The Standing

Committee shall also refer a copy of the report to the Minister.

The Minister shall take cognisance of the report and

when no further changes are proposed provide his final approval.

The Executive Council shall also publish a consolidated version

of the subsidiary plan or policy;

(h) where the Minister does not agree with the final draft

of the subsidiary plan or policy or a review thereof as adopted by

the Executive Council, he shall prepare a position statement

informing the Executive Council of the changes proposed by the

Minister to the final draft. Where in such a position statement it is

proposed that any land be excluded from a development boundary

as indicated in a local plan, the Executive Council shall publish in

the Gazette and in two local daily newspapers a notice showing

the land that is to be excluded;

(i)

the Executive Council shall forthwith amend the

final draft of the subsidiary plan or policy or a review thereof in

accordance with the Minister’s position statement and submit

the same for the Minister’s approval. The Minister shall refer

the amended final draft of the subsidiary plan or policy or a

review thereof to the Standing Committee on the Environment

and Development Planning where applicable in terms of

Schedule III of this Act for its effective scrutiny. The Standing

Committee shall discuss the subsidiary plan or policy or review

thereof within one month and report to the House within one

month from when the subsidiary plan or policy was discussed.

The Standing Committee shall also refer a copy of the report to

the Minister.

The Minister shall take cognisance of the report and when

no further changes are proposed provide his final approval.

When further changes are required, the Minister shall

prepare a position statement informing the Executive Council of

the changes required and the Executive Council shall forthwith

amend the amended final draft in accordance with the Minister’s

position statement and submit the same for the Minister’s final

approval;

(j)

upon such approval by the Minister, the Executive

Council shall publish the approved subsidiary plan or policy or

a review thereof together with the representations and

responses. The Executive Council shall also publish a

consolidated version of the subsidiary plan or policy.

(3) In the withdrawal of a subsidiary plan or policy, the

Executive Council shall comply with the following procedure

(a)

prior to the preparation of a notice of withdrawal of

a subsidiary plan or policy, the Executive Council shall provide

adequate opportunities for individuals and organisations to

make representations to the Executive Council for a period of

not less than six weeks;

(b) consult the Standing Committee on the Environment

and Development Planning established by article 60 on the

intention of preparing a notice of withdrawal of a subsidiary plan

or policy, which Committee shall draw up a report within the

consultation period indicated in paragraph (a);

(c)

on the lapse of the public consultation process

mentioned in paragraph (a) the Executive Council shall prepare

a position statement confirming the withdrawal of the

subsidiary plan or policy, or otherwise, and refer it to the

Minister. It shall also forward to the Minister

(i) the statement of representations it has received

during the preceding consultation exercise;

(ii) the responses it has made as a result of those

representations that were received within the consultation

period specified in paragraph (a);

(iii) the report of the Standing Committee on the

Environment and Development Planning;

(d) upon receipt of the position statement and

documents from the Executive Council, the Minister shall refer

them to the Standing Committee on the Environment and

Development Planning where applicable in terms of Schedule III

of this Act for its effective scrutiny. The Standing Committee

shall discuss the position statement and documents within one

month and report to the House within one month from when the

position statement and documents were discussed. The Standing

Committee shall also refer a copy of the report to the Minister.

The Minister shall take cognisance of the report and inform

the Executive Council of his final decision together with

reasons for reaching such a decision and the Executive Council

shall forthwith publish a notice of withdrawal in line with the

Minister’s final decision together with the representations and

responses.

(4) The Executive Council shall monitor every subsidiary plan

or policy and review such plan or policy in part or in full, as

frequently as may be necessary. The procedure in this article shall

apply for such reviews.

(1) Minor modifications may be carried out following a Minor

planning control application submitted to the Executive Council by modifications

applications.

any person

Provided the Authority shall not be construed as "any

person" for the purposes of this sub-article.

(2) For the purpose of sub-article (1), 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 limitation; and

(ii) changes in zoning of a site which lies in an

Outside Development Zone or which is within the

Development Zone but not designated for the purpose of

development.

(3) Where the Executive Council is considering a planning

control application in terms of sub-article (2), this shall be carried out

in accordance with regulations which may be prescribed by the

Minister.

(4) An appeal from a decision concerning a planning control

application related to sub-article (2)(a) under this article may be

lodged before the Tribunal according to the Environment and

Planning Review Tribunal Act.

(5) The Executive Council may, upon a request by any person,

by a decision revoke or modify a decision concerning a minor

modification application related to sub-article (2) and the provisions

of article 80 shall mutatis mutandis apply to such requests.

Orders

(1) The Executive Council may on its own motion or

following a request by the Minister prepare or review development

orders regulating development and other activities which may

otherwise require the submission of an application prior to their

carrying out, 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) A development order may include works and activities

deemed compatible with the area in which they are being carried out.

(3) Development orders under this Act shall not be published

unless a draft of the said orders has been issued for public

consultation thereby allowing any person a period of at least two

weeks to make representations to the Executive Council stating how

in his opinion the proposed or revised orders could be improved to

reach their ultimate aim

Provided that within the said period the Executive Council

shall consult the Chamber of Architects and Civil Engineers and the

Chamber of Planners and shall invite representations to be submitted

to it within the said period

Provided further that the provisions of this sub-article shall

not apply in respect of any development orders which the Minister

declares to be urgent for reasons related to public health and safety, or

national security or when a form of public consultation was already

carried out before the date of coming into force of this Act

Provided that in all cases, including urgent ones, the Local

Council or Councils affected shall be informed.

(4) Following the consultation period, the Executive Council

shall adopt the development orders with or without amendments and

shall refer the same orders together with representations received

within the consultation period specified in sub-article (3) together

with the relative responses made to such representations to the

Minister for final approval. The Minister may approve the

development orders as adopted by the Executive Council or amend

the development orders and such orders shall then be published in the

Gazette and shall have effect from the date specified or indicated

therein.

(5) Works and activities carried out under development orders

are to be carried out 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 as specified in sub-article

(6), works and activities are to be notified in writing to the Planning

Board.

(6) A development order may regulate

(a) development or an activity described as permitted in

a development order which development or activity does not

require that written notification of such development or activity

be given to the Planning Board;

(b) development or an activity described as permitted in

a development order provided that written notification of such

development or activity is to be given to the Planning Board;

(c)

development or an activity described as permitted in

a development order provided that written notification of such

development or activity is to be given to the Planning Board and

the Planning Board has endorsed such development or activity

as being permitted.

(7) No new development or activity in terms of a development

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 Executive Council may

prescribe and which is covered by a development order as mentioned

in sub-article (6).

(1) The Executive Council may, having regard to the

provisions of this Act, regulations, plans, policies and to other

material considerations, by order 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 order or removal order is made in

respect of an activity, works or use, or in respect of a building, plant,

equipment or other thing lawfully carried out or lawfully existing on

the land mentioned in the order, the Authority shall be liable to pay

compensation for any losses sustained as a result of the order

Provided that any benefits derived from the same

discontinuance order or removal order shall be offset against the

losses aforesaid

Provided further that no such compensation is due if the

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.

(1)

A list of

(a)

areas, buildings, structures and remains of

geological,

palaeontological,

cultural,

archaeological,

architectural, historical, antiquarian, artistic or landscape

importance, (hereinafter referred to as "scheduled property")

shall be prepared by the Executive Council and scheduled for

conservation through a scheduling order; and

(b) areas of natural beauty, of ecological or scientific

value (hereinafter also referred to as "scheduled property") shall

be prepared by the Malta Environment Authority and scheduled

by the Executive Council for conservation through a scheduling

order

Provided that the Executive Council may in respect of all

or any one or more of the scheduled property also make conservation

orders to regulate their conservation

Provided further that upon the issue of a scheduling order

the owner shall have the right to immediate access at reasonable times

to all documentation of the Authority concerning the scheduling order

for the purpose of studying the relative findings and considerations.

(2) The list of scheduling orders, and any additions or

amendments thereto, shall be published in the Gazette and in a local

newspaper. The Executive Council shall also notify any one of the

owners of any property subject to a scheduling order of the fact of its

inclusion in the list and of any conservation order made with respect

to it. Notice of such scheduling 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 scheduling order shall be registered in an index held for that

purpose which index 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 Executive Council 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 Executive Council has issued a conservation

order in terms of this article, it shall register the said property in the

index mentioned in sub-article (2) indicating the said property as

having been issued with a conservation order, and the provisions of

the said sub-article concerning the indexing of scheduling orders shall

mutatis mutandis apply. The list of conservation orders, and any

additions or amendments thereto, shall be published in the Gazette

and in a local newspaper.

(4) For the purposes of sub-articles (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 the relative 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

Planning Board, granted on an application made to it and giving such

details as the Planning Board 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

Provided that a scheduling order or a conservation order

shall not adversely affect development already legally carried out

before the coming into force of this Act or development already

granted by a development permission under this Act, before the

scheduling order or conservation order is issued.

(7) A permission granted by the Planning Board or a

conservation order made by the Executive Council 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 subject to a

conservation order, the Executive Council shall also have power to

require the owner, by notice in writing, to undertake such works

generally, or as may be specified in such notice as may be necessary

to ensure that no further deterioration occurs. In default, the

Executive Council 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 may request the

reconsideration of any scheduling of his property. Such request shall

be entered in writing with the Executive Council within thirty days of

notification or publication in the Gazette of the scheduling order,

whichever is the later, and the Executive Council shall decide within

three months of receipt of such request.

(11) Any person who feels aggrieved by a decision of the

Executive Council under this article may appeal to the Tribunal for a

revocation or modification of such a decision according to the

provisions of the Environment and Planning Review Tribunal Act.

(12) Notwithstanding the right to appeal before the Tribunal as

established by the Environment and Planning Review Tribunal Act,

an appeal to the Tribunal from a scheduling of property or the

descheduling of property or its downgrading in the protection

afforded by the scheduling 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 or Emergency

protected under the provisions of this Act or any regulations made conservation

order.

thereunder, but which the Executive Council believes could have an

importance or value sufficient to have it scheduled or protected, is at

risk of being demolished, damaged or destroyed, the Executive

Council 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 sub-article (1) of

article 57 shall apply

Provided that in case of urgency the Executive Chairperson

may make an emergency conservation order without the need of

consulting the other members of the Executive Council.

(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

twelve 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) An appeal to the Tribunal from an emergency conservation

order shall not stay the execution of such order.

The Development Planning Fund

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

Development

referred to as the Development Planning Fund.

Planning Fund

and other funds.

(2) The Development Planning Fund shall be administered by

the Executive Council.

(3) The Development Planning Fund shall be used to finance

both public and privately owned projects, programmes and schemes,

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 non-governmental organisations, as

the Minister in consultation with the Executive Council may

prescribe

Provided that, without prejudice to the aforesaid, the

Development Planning Fund shall not be used to finance other costs

of the Authority.

(4) There shall be paid into the Development Planning Fund

(a)

any sums appropriated by Parliament for the

purpose;

(b) any donations or grants made to the Development

Planning Fund by individuals or institutions;

(c)

sums received by the Authority for the purpose of

being placed in the Development Planning 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 Executive Council shall keep a proper account of the

revenue and expenditure of the Development Planning Fund and it

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 Development Planning Fund to be audited by

suitably qualified Public Auditors and Accountants appointed by it

with the concurrence of the Minister.

(6) The Executive Council shall every financial year deliver to

the Minister, a copy of a duly audited balance sheet together with a

report of the activities during the previous financial year of the

Development Planning Fund. 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 same from the Executive Council.

(7) The revenue generated through the Development Planning

Fund shall not be subject to tax under the Income Tax Act, and it shall

not be liable to tax under the Duty on Documents and Transfers Act.

(8) The Minister, after consulting the Executive Council, may

make regulations prescribing the procedure to be followed by the

Executive Council in the management of the Development Planning

Fund.

(9) The Executive Council 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 sub-articles (4), (5),

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

PART VI

Policy Advisory Committees

The Standing Committee on the Environment

and Development Planning

(1) There shall be a Standing Committee on the Standing

Environment and Development Planning which shall consist of five Committee

the Environment

members appointed by the House, of whom three shall be members and

Development

representing the Government, one of whom shall be appointed as Planning.

Chairperson, and the other two shall be members representing the

Opposition.

(2) The Standing Committee shall discuss any strategy, plan or

policy referred to it in terms of articles 46 and 53 and any other matter

referred to it in terms of the Environment Protection Act and prepare

a report and refer it to the House of Representatives and to the Minister.

Such a report may also include any dissenting opinion on the

strategy, plan or policy. The Minister shall take cognizance of the

report

Provided that where the said Standing Committee fails to

prepare a report within the period stipulated in this Act, the Executive

Council may adopt the said strategy, plan or policy and the Minister

may also approve the said strategy, plan or policy as forwarded to him

by the Executive Council.

The Users’ Committee

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

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

the Users’

more than eleven members being not more than one representative Committee.

from each of the interested national constituted bodies recognised by

the Minister. The Users’ Committee shall be autonomous from the

Authority and shall be appointed by the Minister.

(2) The Users’ Committee shall propose to the Executive

Council such changes to administrative processes and practices in

relation to planning matters as it may deem appropriate. It shall report

to the Executive Council at least every six months. A copy of such a

report is also to be forwarded to the Minister.

The Building Regulation Committee

(1) There shall be a committee to be known as the

Building Regulation Committee, which shall consist of not less than

six and not more than eight members each with professional

qualifications and, or knowledge and experience on matters related to

building construction, or health and safety, or building services. The

Building Regulation Committee shall be autonomous from the

authority and shall be appointed by the Minister.

(2) The Building Regulation Committee shall

(a)

advise the Executive Council on all matters relating

to building regulations and building control regulations, and any

other functions as prescribed by this Act;

(b) advise the Minister on the setting of criteria for the

suspension, withdrawal or cancellation of a registration or

licence;

(c)

carry out any activity or function in relation to

building regulations or building control regulations which may

be assigned to it by means of regulations made by the Minister

in accordance with the provisions of this Act.

PART VII

Provisions related to the Planning Board

The Planning Board

(1) There is hereby established a Planning Board which

shall consist of the members mentioned in sub-article (2), which

members shall, save as hereunder provided, be appointed or chosen,

as the case may be, by the Minister.

(2) The members of the Planning Board shall consist of the

following

(a) a Chairperson, who shall be chosen from the five

members mentioned in paragraph (b);

(b)

five members, (hereinafter called the "independent

members") chosen from amongst persons of known integrity

and with knowledge of and experience in any of the following

(i)

commerce, economy and industry;

(ii) cultural heritage;

(iii) matters relating to environment, development,

social and community affairs;

(iv) sustainable development and urban planning;

and

(v) architecture and infrastructure;

(c) one member who shall be chosen from amongst the

chairperson/s of the Planning Commissions;

(d) 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;

(e)

a member representing the interests of

environmental NGOs, who shall be chosen from amongst a

number of persons nominated by the said NGOs;

(f)

a member representing the Malta Environment

Authority;

(g) 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;

(h) a member chosen by the local council, within whose

boundaries a major project application lies, which member shall

be considered as a member of the Planning Board only when the

Planning Board is deliberating and deciding a major project

application within the boundaries of that particular local

council. In the case where a major project lies within more than

one local council boundary, the member shall be chosen from

among the persons chosen by the respective local councils

within whose boundaries a major project application lies

Provided that the Planning Board shall be properly constituted

and may function notwithstanding any failure to appoint either or

both members of the Planning Board mentioned in paragraph (d), or

any failure to make the required nominations under paragraphs (e) or

(3) The Chairperson of the Planning Commission appointed as

member of the Planning Board shall be appointed as deputy

chairperson.

(4) Save as provided in sub-articles (2) and (3), no person

shall be qualified to be appointed as, or remain, a member of the

Planning Board if he

(a)

is a public officer

Provided that the Executive Chairperson and the

Chairperson of the Planning Commission, shall not be

considered as public officers for the purposes of this sub-article;

(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;

(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 Planning Board

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 Planning Board

provided that the declared interest and the Minister’s

determination are published in the Gazette;

(f)

is interdicted or incapacitated;

(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.

(5) The independent members and the member representing

the interests of environmental NGOs, 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

Minister shall, as far as practicable, ensure a measure of rotation.

(6) Without prejudice to the provisions of sub-article (5), the

independent members and the member representing the interests of

environmental NGOs may resign by letter addressed to the 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.

(7) The member chosen by the local council or chosen by the

Minister from the members nominated by different local councils, as

the case may be, shall remain in office only until the Planning Board

decides the particular major project application within the boundary

or boundaries of the respective local council or local councils.

(8) The other members of the Planning Board shall hold office

until they are replaced by the 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.

(9) A person who has ceased to be a member of the Planning

Board shall be eligible for reappointment, but no person shall be a

member of the Planning Board for a total of more than six years.

(10) The provisions of the Second Schedule shall apply to the

Planning Board and regulate its proceedings.

(11) The Planning Board shall transmit a copy of the agenda,

minutes and relative enclosures of its meetings to the Minister for his

information.

(1)

The functions of the Planning Board shall be

Functions of the

Planning Board.

(a)

the issue of any development permission 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 balance out any competing interests on the best use

of land and sea;

(b) the control of development in accordance with the

provisions of this Act and the decision to dispense with or the

relaxation of a requirement of building regulations, following a

request by the applicant or on its own accord, in accordance

with article 88. Any such decision shall be duly recorded in the

relevant application file, including the reasons justifying such a

decision;

(c)

to examine applications for the issuing of licences

and registration of masons, fire consultants, other consultants in

the building industry, building contractors and tradespersons

and if an applicant satisfies the established criteria, the Planning

Board shall issue a licence where applicable and register it in

the designated category or sub-category as the case may be;

(d) to keep a register or registers of masons, building

contractors and building tradespersons which register or

registers shall be accessible to the public, including on the

website of the Authority;

(e)

to carry out any activity or function in relation to

building regulations or building control regulations which may

be assigned to it by means of regulations made by the Minister

in accordance to the provisions of this Act.

(1) There shall be a Commission, to be known as the

Planning Commission, which may have such number of divisions as

the Minister may by order in the Gazette prescribe.

The Commission or such number of divisions of the

Commission, shall deal with such types of applications as the

Minister may, after consulting the Executive Chairperson, prescribe.

(2) The Commission or in case of there being a number of

divisions, each division of the Commission, shall be appointed by the

Minister and shall consist of three permanent members including its

Chairperson, and one supplementary member. The Commission shall

be chosen from persons of known integrity and who shall have

knowledge of, and experience in, matters relating to sustainable

development

Provided that the three persons who are appointed to act as

permanent members of the Commission or a division of the

Commission, as the case may be, shall attend the meetings of the

Commission and take part in the deliberations and decisions, while

the supplementary member may attend meetings, but shall only take

part in the deliberations and decisions in substitution of any

permanent member who cannot for any reasonable cause properly

fulfil his duties.

(3) The members of the Commission shall hold office for a

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

another term of four years. The provisions of article 63(6) shall also

apply to the members of the Commission.

(4) Subject to sub-article (1) of this article and to article 75,

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

Planning Board with respect to development control as the Planning

Board may from time to time delegate to it and require it to perform,

subject to such conditions as the Planning Board may deem

appropriate.

(5) The decisions of the Commission on any development

permission issued by it shall be deemed to be, and shall have the same

force and effect as, the decisions of the Planning Board, except in

respect of matters which the Planning Board expressly reserves to

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

expression "decision of the Planning Board", wherever it appears in

this Act, shall be construed accordingly.

(6) The decisions of the Commission shall only be binding if

they are supported by the votes of not less than two of its members.

The decisions shall be published as soon as practicable after the

meeting at which they are taken.

(7) The Commission shall communicate to the Executive

Chairperson a copy of its decisions and the relative deliberations

leading to its decisions, as soon as practicable after the meeting at

which the decisions are taken.

(8) Subject to the foregoing provisions of this Act, and to the

Second Schedule, and to any rules that may be prescribed by the

Planning Board, the Commission may regulate its own procedures.

(9) The staff of the Commission shall consist of officers and

employees of the Authority detailed to service the Commission, and

the Executive Council 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.

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

shall be discussed by the Authority

(a)

on any issue relevant to this Act, including on any

particular application;

(b)

concerning the development control process; and

(c)

on any subject which should be addressed by the

Executive Council by means of a new policy or an amendment

to an existing one.

(1) There shall be a committee known as the

Agricultural Advisory Committee, whose members are appointed by

the Minister.

(2) The Agricultural Advisory Committee shall consist of a

Chairperson representing the Authority and representatives from the

departments, agencies or authorities responsible for agriculture,

veterinary services, resources and environmental health.

(3) Three members of the Agricultural Advisory Committee

shall constitute the quorum at the meetings of the Agricultural

Advisory Committee. The chairperson at a meeting shall have an

original vote and, in the case of equality of votes, a casting vote.

There shall also be a secretary of the Agricultural Advisory

Committee to be appointed by the Minister and shall have such duties

as may be assigned to it by the Agricultural Advisory Committee.

(4) It shall be the function of the Agricultural Advisory

Committee to provide professional and expert advice to the Planning

Board on development applications related to agriculture and other

development outside the development zone. The Committee shall also

evaluate development proposals and state whether the proposed

interventions would benefit or hinder sustainable agriculture, farm,

rural development, adducing detailed reasons thereto. The Committee

shall, where appropriate, suggest methods as to how a development

proposal may be rendered acceptable in terms of sustainable

agriculture, farm, and rural development. The Agricultural Advisory

Committee shall also collate information regarding development

applications related to agriculture.

(5) The Agricultural Advisory Committee shall make

available for public inspection any recommendation made by it to the

Planning Board.

(6) The Agricultural Advisory Committee may call upon any

person to give it expert or professional advice on any matter being

dealt by it.

(7) Subject to the foregoing provisions of this sub-article and

to any rules prescribed by the Minister, the Agricultural Advisory

Committee may regulate its own procedure.

(1) There shall be a committee known as the Design

Advisory Committee.

(2) The Design Advisory Committee shall make

recommendations with respect to development applications related to

urban conservation areas and major projects and shall consist of a

chairperson and two other members appointed by the Minister.

(3) Two members of the Design Advisory Committee shall

constitute the quorum at the meetings of the Design Advisory

Committee. The chairperson at a meeting shall have an original vote

and, in the case of equality of votes, a casting vote. There shall also

be a secretary of the Design Advisory Committee to be appointed by

the Minister and shall have such duties as may be assigned to it by the

Design Advisory Committee.

(4) It shall be the function of the Design Advisory Committee

to provide professional and expert advice to the Planning Board in

relation to design in development applications related to urban

conservation areas and major projects.

(5) The Design Advisory Committee shall make available for

public inspection any recommendation made by it to the Planning

Board.

(6) The Design Advisory Committee may call upon any

person to give it expert or professional advice on any matter being

dealt by it.

(7) Subject to the foregoing provisions of this article and to

any rules prescribed by the Minister, the Design Advisory Committee

may regulate its own procedure.

(1) There shall be a Registration Board whose function The Registration

shall be to evaluate applications for registration in the Register of Board.

Consultants eligible to carry out assessments in relation to matters as

specified in this Act not related to environment.

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

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

shall be the chairperson. The members of the Registration Board shall

be appointed by the Minister.

(3) The members of the Registration Board shall be

independent members and not involved in any way in the preparation

of assessments falling within the jurisdiction of the Registration

Board.

(4) The Registration Board shall assess applications for such

registrations and approve those that meet the requirements for

registration. The Registration Board shall give reasons for its

decisions.

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

an application for registration in the Register kept by the Executive

Council shall be notified in writing to the applicant without delay.

(6) The Registration Board may direct the Executive Council

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 Registration Board shall be final. An

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

Registration Board has, in its decision, wrongly applied the

provisions of this Act or any regulations made thereunder.

(8) The decision of the Registration 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/their opinion

separately, and all decisions of the Registration Board shall be

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

given.

(9) The Minister may, after consultation with the Registration

Board, 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 criteria that applicants are expected to meet

in order to qualify for registration;

(b) establish the procedure to be followed by the

Registration Board;

(c)

prescribe a tariff of fees for registration with the

Registration Board.

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

or at the request of the Executive Council, cancel any approval

granted under the provisions of article 68 or refuse any application for

a renewal of the registration, when a person

(a)

is found guilty by a court of criminal jurisdiction of

a crime being a crime committed through imprudence,

carelessness, unskillfulness 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 thereunder; or

(c)

has, in the opinion of the Executive Council and the

Registration 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 an approval issued under the

provisions of article 68 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 sub-article (1), the

Registration Board may opt for a suspension, rather than the

cancellation of an approval, in the circumstances specified in sub-

article (1)(d) and (f).

(3) Notwithstanding the provisions of sub-article (1), 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 Registration Board which period shall in no case be

less than three years.

Requirement of Permission

(1) Subject to the provisions of this article and to the Development to

following provisions of this Part of the Act, and subject to articles 55 require

permission.

and 85(2)(n), 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 and sea,

other than

(a)

maintenance operations which affect only the

interior of a building or which 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 the

location 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 unless such reclamation

of land for agriculture can be proven to have subsisted

prior to 1994;

(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

Minister, as the case may be, under this Act, the use thereof for

any other purpose of the same class;

(d) emergency works in relation to public safety carried

out by Government;

(e)

a use which subsisted continuously from a period

when such use was not considered illegal and did not require a

permit;

(f)

the placing of plant and machinery required for the

operation of a use already covered by development permission

on land within the perimeter of the site covered by the same

permission of the use being operated.

(3) For the purpose of this article -

(a)

the use of a building resulting in an increase 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 on any

external part of a building that is not normally used for that

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 any permission.

development referred to in article 70, shall apply to the Planning

Board for such permission, in such manner, on such form and giving

such information as the Planning Board may prescribe.

(2) The Planning Board may grant three types of development

permissions

(a) an outline development permission which gives

approval in principle to the proposed development, but specifies

reserved matters which need to be included in a full

development permit application or applications. A period of

time shall be stated within which the full development permit

application or applications shall be submitted, failure of which

would render the outline development permit null. Such period

shall in no case exceed five years. No development may

commence without a full development permit;

(b) a full development permission is required before any

development can commence, whether or not preceded by an

outline development permission. The full development

permission will be given subject to conditions included in the

permission;

(c)

a non-executable full development permission

which approves the development but imposes conditions to be

adhered to before a full development permission is issued.

(3) Any person may also apply to the Planning Board for a

determination as to whether a proposal requires a development

permission and the Planning Board is bound to inform that person

whether a development permission or any other form of notification is

required in terms of this Act or not.

(4) 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.

(5) 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 of 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.

(6) 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

Planning Board within such period as established by regulations

prescribed by the Minister. A declaration that is not submitted within

this stipulated period shall be considered null and may not be

considered by the Planning Board.

(7) During the processing of the application, the Executive

Chairperson shall consider representations made by registered

interested parties in accordance with the provisions of sub-article (6).

(8) The Planning Board shall inform the registered interested

parties where fresh drawings have been filed and the registered

interested parties shall be notified of the Planning Board’s sitting

when such application shall be discussed

Provided that such submissions may be made in any format

deemed appropriate by the Planning Board, 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 Planning Board is a public holiday or a day when the

offices of the Authority are closed to the public, the time limit for

such submissions shall be deemed to expire on the next following

working day.

(1) The Planning Board shall have the power to grant or Permissions.

to refuse a development permission. Any development permission

approved shall be without prejudice to third party rights and shall not

in any manner constitute or be construed as a guarantee in favour of

the applicant as to the title to the property. Moreover in the granting

of a development permission, the Planning Board shall be entitled to

impose such conditions which it may deem appropriate

Provided that the Planning Board shall give specific

reasons for any refusal or for any particular conditions that may have

been imposed.

(2) In its determination upon an application for development

permission, the Planning Board shall have regard to

(a)

plans;

(b)

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, or a valid police

or trading licence issued prior to 1994;

(c)

regulations made under this Act

Provided that the Planning Board shall only refer to

plans, policies or regulations that have been finalised and

approved by the Minister or the House of Representatives, as

the case may be, and published;

(d) any other material consideration, including

surrounding legal commitments, environmental, aesthetic and

sanitary considerations, which the Planning Board may deem

relevant;

(e)

representations made in response to the publication

of the development proposal; and

(f)

representations and recommendations made by

boards, committees and consultees in response to notifications

of applications.

(3) Saving 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 Act, affects national

security or affects the interests of other governments but not subject

to an Environmental Impact Assessment and, or IPPC matters, the

execution and validity of a permit shall be automatically temporarily

suspended and no works as approved by the said development permit

may commence before the lapse of the time periods established in

article 13 of the Environment and Planning Review Tribunal Act and

subsequently will remain so suspended if the Tribunal so decides in

accordance with the Environment and Planning Review Tribunal Act.

(4) A development permission may be granted for a limited

period but shall cease to be operative if the activity or development

has not been completed within the period specified in the

development permission, if any

Provided that the Planning Board shall, on the application

of the person holding the full development permission, renew the said

permission on receiving a valid renewal application while the

previous development permission is still operative, to such further

period or periods as it may consider reasonable

Provided further that where there has been a change in

plans or policies applicable to the requested renewal development

permission, these new plans and policies shall be taken into account

unless the site subject to the application is already committed by the

original development permission in relation to these plans and

policies

Provided futher that if the applicant fails to submit the

commencement notice relative to the permission, such development

permission shall be considered as never having been utilised.

(5) Any permission still in force shall automatically pass on to

the new owners of the development.

(6) In granting a development permission, the Planning Board

may require the applicant to carry out the activity or development in

stages. The Planning Board shall inform the applicant in the

permission which are the said stages and, following the completion of

each stage, the applicant shall request the Planning Board 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 development permission, the Planning

Board shall authorise the applicant to carry out the next stage of the

activity or development.

(7) Where the Planning Board considers it appropriate to

closely monitor specific conditions in a development permission by

appointing a person competent for the said purpose, it shall do so at

the expense of the applicant.

(8) Without prejudice to the provisions of this article, where

an application to develop land consists in the mining of minerals, the

Planning Board 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.

(9) The Planning Board shall not grant permission for the

mining of minerals unless it is satisfied that planning and

environmental standards will be met and that the site will be kept and

eventually left in acceptable conditions.

(10) Where the Planning Board has required a scheme to be

submitted for the various stages as provided in sub-article (6), the

scheme, as accepted by the Planning Board, shall be made a condition

of any permission granted by it, and the Planning Board 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 Planning Board may under Supplementary

this Act grant permission to develop land, it may grant permission for provisions

regarding

the retention on land of any buildings or works constructed or carried permissions.

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 sub-

article 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 development 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 must 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, and a condition to this effect is included in the permit,

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 Planning Board may, prior to the issue of, or in issuing

a development permission, demand from the person in whose favour

the permission will be issued, as a condition for the issue of the

development permission, to provide a bond in favour of the Authority

in order to guarantee compliance with the conditions of the

permission once issued, or in order to guarantee payment in respect of

damages which may be caused to the environment or to the

infrastructure. The Planning Board may, after the issue of a

development permission, if the development or activity is not being

carried out in accordance with the permission, or is otherwise causing

damage to the environment or the infrastructure, demand the said

person in whose favour the permission has been issued, as a condition

for the continuance of the development permission, to provide a bond

in favour of the Authority in order to guarantee compliance with the

conditions of the permission, 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 sub-article shall be

interpreted as authorising the Planning Board 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 in

favour of the Authority if there is clear evidence that the applicant has

not complied with the conditions of the development permission 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 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 procedures to be used by the Planning

Board and the applicant in the processing and determination of

applications;

(b) establish the procedures to be used by an applicant

prior to the submission of an application;

(c)

establish time limits within which submissions have

to be made and decisions have to be taken and communicated.

The Planning Board shall not delegate to the Commission Applications,

or to any other body or person, the determination of the following the

which cannot be

applications

delegated.

(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 an 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 Planning Board itself.

(1) If an applicant considers that conditions imposed Re-

upon a development permission are unreasonable, he may, without consideration.

prejudice to his right of appeal, request the Planning Board 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 Planning Board 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 Planning Board or the Commission shall inform the

registered interested parties where a request for a reconsideration has

been filed and the registered interested parties shall be notified of the

Planning Board’s or the Commission’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 71(6).

(1) If an applicant considers that the conditions imposed

upon a full development permission or outline development

permission, or a refusal of such a permission, or any other decision, is

unreasonable, he may lodge an appeal with the Tribunal according to

the Environment and Planning Review Tribunal Act.

(2) Where a request for reconsideration has been made, and

the Planning Board or the Commission revises its decision, an appeal

from such a reconsidered decision may be made by the applicant,

registered interested third parties and external consultees to the

Tribunal in accordance with the Environment and Planning Review

Tribunal Act.

(3) Other parties indicated in the Environment and Planning

Review Tribunal Act may lodge an appeal from a decision of the

Planning Board or of the Commission with the Tribunal according to

the Environment and Planning Review Tribunal Act.

(4) A person or institution or any department or agency of

Government having a direct interest and aggrieved by any decision,

ruling or direction by the Planning Board in relation to Building

Regulations and Building Control Regulations, even where such a

decision does not emanate from a development application process,

may submit an appeal to the Tribunal in accordance with the

provisions of the Environment and Planning Review Tribunal Act and

any regulations made thereunder.

(1) Where an appeal is lodged by an applicant or by a

registered interested third party, or by any external consultee from

any decision of the Planning Board or the Commission relative to the

instances referred to in sub-article (2), 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 appeal to the Cabinet of Ministers for determination. Where

the Minister does not decide to refer such an appeal 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 any

appeal called in by him in terms of sub-article (1), where such an

appeal relates to decisions in respect of

(a) a development which appears to him to be of a

strategic significance;

(b) a development which appears to him to affect

matters of national security or national interests;

(c)

a development which appears to him likely to affect

the interests of the Government of Malta or other governments;

(d) a development which is subject to an environmental

impact assessment and which in the Minister’s opinion is of

national interest;

(e)

a development where 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 appeal referred to him, he shall request the Tribunal to

draw up its recommendation on that appeal after having heard the

parties and the Tribunal shall send its recommendation on that

particular appeal 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 Planning Board and the Commission together with

the reasons in justification thereof and the Planning Board shall

comply therewith, publish the decision of the Cabinet of Ministers in

such manner as it may deem fit or as 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.

(5) A decision by the Cabinet of Ministers pursuant to this

article which relates to a development or an installation which is

subject to an environmental impact assessment and, or an IPPC

permit, may, upon an application by the appellant or by an interested

party, which may include a non-governmental organisation having as

one of its purposes the promotion of environmental protection and is

registered under the Voluntary Organisations Act, be subject to appeal

on matters of substantive and procedural legality to the Court of

Appeal in its superior jurisdiction. An appeal in terms of this sub-

article shall be made by an application to be filed within ten days

from the date of communication of the decision of the Cabinet of

Ministers to the parties. The appeal proceedings shall be concluded

by the Court of Appeal within four months from the filing of the

appeal before it and shall not be prohibitively expensive. 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 of Tariff E in Schedule A to the Code of

Organisation and Civil Procedure.

(6) The execution of any development or the operation of any

installation which is subject to an environmental impact assessment

and, or an IPPC permit, and which is pending a decision by the

Cabinet of Ministers in terms of this article shall be suspended until

the decision of the Cabinet is taken.

(7) Where a decision of the Cabinet of Ministers is subject to

an appeal in accordance with sub-article (5), the Court of Appeal may,

upon a request of the appellant or of an interested party, which may

include a non-governmental organisation having as one of its

purposes the promotion of environmental protections and which is

registered under the Voluntary Organisations Act, order that the

execution of the development or the operation of the installation be

suspended whilst proceedings before the said Court are pending.

(1) A planning obligation may be entered into in those

cases where the Planning Board, in connection with a grant of a

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 Planning Board considers it to be

more appropriate. The Planning Board shall seek to obtain these

benefits or gains by means of conditions attached to a grant of

the development permission, or by means of a planning

obligation entered into by a public deed.

(2) Any person may, by agreement with the Planning Board,

enter into a 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 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 a 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 planning

obligations.

(4) The applicant and any person interested in the land may

appeal to the Tribunal from a planning obligation entered into in

terms of sub-article (1).

Revocation or Modification of Permission

(1)

The Planning Board may, only in

Revocation and

modification.

(a)

the cases of fraud; or

(b) the submission of any information, declaration or

plan which is incorrect or does not reflect the situation on site;

or

(c)

where there is an error on the face of the record; or

(d)

where public safety is concerned,

by a decision revoke or modify any development permission granted

under this Act, including any clearance issued by the Planning Board

under an Order, stating in such decision its reasons for so doing and

indicating in a clear manner the legal basis for the revocation.

Upon any such request made by any person to revoke or

modify a permission in terms of this Act, or out of its own motion, the

Executive Chairperson must prepare his recommendations to the

Planning Board as to whether the development permission should be

revoked or modified and invite both the applicant and the person

making the request, if any, to make written submissions.

The Planning Board shall communicate the date and time

of its hearing to the applicant and to the interested person making the

request under this article, if any. During such hearing the Planning

Board shall also hear the said applicant’s submissions, if the latter

opts to attend, the interested person’s submissions, if any, and any

other person’s submissions

Provided that the Executive Chairperson may in relation to

any development permission, including any clearance issued under an

Order after the date of coming into force of this Act, commence

proceedings to revoke or modify any such development permission,

including any clearance issued by the Planning Board under an Order,

within five years from the date of issuing of the development

permission, including any clearance issued under an Order.

(2) For the purposes of sub-article (1)

"fraud" means the submission to the Planning Board of any

information, declaration or plan on the basis of which the Planning

Board has approved a development permission, where such

information, declaration or plan is false;

"incorrect information, declaration or plan" means the

submission to the Planning Board of any information, declaration or

plan on the basis of which the Planning Board has approved a

development permission, where such information, declaration or plan

does not reflect the situation on site or is erroneous or mistaken;

"error on the face of the record" means an error made by the

Planning Board in reaching a decision and such error is apparent from

the records of its proceedings

Provided that the Planning Board shall not revoke or

modify a development permission on the basis of fraud or incorrect

information, declaration or plan or error on the face of the record,

where such circumstance did not have a material bearing on the

issuing of the development permission in such a manner that had the

correct information been available at the time of the decision the

outcome would not have been different.

(3) The applicant, or the interested person making a request

under this article shall, if he feels aggrieved by the decision taken by

the Planning Board, have a right to appeal the Planning Board’s

decision to the Tribunal within thirty days from the date of the

hearing when the decision was taken.

(4) No compensation may be demanded from the Authority

when it acts under the provisions of sub-article (1) where the reason

for the revocation or a modification of a development permission is

based on fraud, incorrect information, declaration or plan, or error on

the face of the record or for considerations of public safety.

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 as contributions.

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 sub-article (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, as prescribed by regulations.

(4) The Authority shall have power to levy a charge in respect

of any other application 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 sub-articles (1)

and (2) aforesaid shall be collectively known as the "development

levy".

No development permission shall be processed and no

activity or development authorised by an order shall be carried out,

unless and until any fee or contribution payable under article 81 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 VIII

Power to make Regulations

General

Without prejudice to the provisions of article 6 of the

Interpretation Act, any power conferred by this Act to make

regulations, rules, orders, lists, schedules and any other instrument of

like nature, includes the power from time to time to revoke, replace,

amend, alter or add to any such instrument as aforesaid.

(1) Regulations under this Act shall be made by the

Minister after consultation with the Authority, and except for

regulations under article 85(2)(a), (b) and (m) and in the cases

referred to in sub-article (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 two weeks to make

representations to the Minister stating how in his opinion the

proposed regulations could be improved to reach their ultimate aim.

(2) The provisions of sub-article (1) with regard to the

publication of a draft of the regulations for public consultation shall

not apply in respect of any regulations which the Minister declares to

be urgent or when a form of public consultation was already carried

out before the date of coming into force of this Act.

(3) When the Minister makes regulations concerning the

procedure before the Executive Council or any board, commission or

other body established under this Act, he shall also consult the

Executive Council or such board, commission or body.

Planning and Development Regulations

(1) The Minister may, acting in accordance with the Power to make

provisions of article 84, make regulations for the better carrying out Planning

Development

of the provisions of this Act and may in particular by such regulations 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

sub-article (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 under this Act, as well as fees chargeable

therefor, as well as the procedures to be used by the applicant

and the Authority in the 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;

(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 to, and to set up structures and make

other provisions for the implementation thereof;

(e)

provide for any matter relating to planning and

development and sanitary or other activities affecting land or

sea, including policy requirements relating to construction,

demolition and alteration works, as well as any other matter

relating thereto, taking account of all relevant considerations,

including safety, aesthetics, health and environment;

(f)

prescribe the manner in which Development

Permission Fees or other charges, contributions or fees made

under this Act or under regulations made under this Act are to

be established, made, reviewed, collected, utilised or otherwise

dealt with;

(g) in relation to confiscation of objects used for, or in

connection with anything contrary to the provisions of this Act

or any regulations issued thereunder and related matters

(i) establish the circumstances where such objects

can be confiscated and establish the relative procedure for

their confiscation and disposal;

(ii) 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;

(iii) 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;

(iv) provide for the disposal of such objects when

the said objects are not claimed by their owners within

such time as may be prescribed;

(v) establish 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;

(vi) establish offences and the relative punishments

in relation to matters referred to in sub-paragraphs (i) to

(v);

(h) specify the type of illegal activity the provisions of

articles 101 and 103 shall apply to and establish the relative

penalty;

(i)

amend, substitute, add to or otherwise alter anything

contained in the Schedules to this Act;

(j)

prescribe regulations for any other purpose for

which regulations are authorised or required to be made;

(k) prescribe the form of any notice, order or other

document authorised or required by this Act to be made, served

or given;

(l)

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;

(m) 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 forty

thousand euro (€240,000) or to imprisonment for a term not

exceeding two years, or to 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 against 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 eighty thousand euro

(€480,000)

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;

(n) prescribe any other matter that is to be or may be

prescribed under this Act.

(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.

Registration of Contractors

(1) The Minister may, inter alia, make regulations to Power to make

regulate or otherwise provide for any matter relating to the regulations

the issue of

registration of fire consultants, other consultants in the building licences

building

industry, building contractors and building tradespersons and the industry and the

issuing of licences in the building industry and may by such registration

consultants in

regulations

the building

industry,

building

(a)

provide for the issuing of licences and the

contractors and

building

registration of persons, companies and other entities in order to

tradespersons.

officially recognise their capacity to perform work or supply

material for the building construction industry and to authorise

them to perform such work;

(b) provide for the suspension of licences issued or

registrations made, and that any licence issued or registration

made under the provisions of this Act may be withdrawn or

deleted;

(c)

establish main categories and such sub-categories to

the main categories as he may deem appropriate;

(d) prescribe the form of any notice, order or other

document authorised or required by this Act to be made, served

or given;

(e)

establish criteria for the issue of a licence and

registration of applicants under this Act;

(f)

establish the forms and procedures to be used in the

operation of the Registry for the carrying out of the provisions

of this Act;

(g) establish the fees payable in respect of any of the

licences and registration of masons, building contractors and

building tradespersons under this Act;

(h) prescribe any other matter that is to be or may be

prescribed.

Building Regulations

Every building shall be designed and constructed in

accordance with the provisions of building regulations unless a

dispensation or relaxation has been granted by the Planning Board.

(1) The Minister in consultation with the Executive

Council may, inter alia, make regulations in connection with any

matter relating to building regulations.

(2) Without prejudice to the generality of sub-article (1) such

regulations under this article may, provide for all or any of the

following

(a)

the design and construction of buildings;

(b)

material alterations or extensions of buildings;

(c)

the provision of services, fittings and equipment in,

or in connection with buildings;

(d) provisions which are to apply where any material

change takes place for the purposes for which a building is used;

(e)

for securing the health, safety, convenience and

welfare of

(i) persons in or about buildings which are under

construction; and

(ii) persons who may be affected by buildings or by

matters connected with buildings;

(f)

for the requirements of persons with special needs;

(g) for the conservation of fuel and energy in relation to

buildings;

(h)

for securing the efficient use of resources;

(i)

for the encouragement of good building practice;

(j)

for such other matters as appear to be necessary or

expedient in relation to buildings;

(k)

fees which may be payable in accordance with this

(l)

for the purposes of prescribing administrative fines

for infringements against any regulations made under this Act;

(m) for the purposes of prescribing penalties for criminal

offences against any regulations made under this Act; and

(n) prescribe any other matter that is to be or may be

prescribed.

(3) Building regulations may

(a) prescribe standards or recommend codes of practice,

expressed in terms of performance, types of material, methods

of construction or otherwise, or in relation to any other matter

which is relevant to the purposes for which building regulations

may be made;

(b)

require specified action to be taken in connection

with buildings;

(c)

provide for the regulation of specified actions in and

about buildings;

(d) specify the manner in which construction operations

are to be carried out; and

(e)

contain such supplementary and

incidental

provisions as appear to be necessary or expedient

Provided that building regulations may specify different

standards or codes of practice for, or make different provisions in

relation to, different classes or descriptions of buildings.

(4) Building regulations may exempt, in whole or in part, from

all or any of the provisions of such regulations, such classes or

descriptions of buildings, services, fittings or equipment as may be

specified in the regulations, including classes or descriptions of

buildings, services, fittings or equipment in any area specified in the

regulations.

(5) Building regulations, or any provisions contained therein,

may be made so as to apply generally, or with regard to any area

specified in the regulations, and the regulations may contain different

provisions for different areas

Provided that building regulations shall also apply to

buildings belonging to or occupied by the Government, other than

buildings which are used on a temporary basis, places of detention for

persons detained in connection with or as a consequence of criminal

procedures, and buildings used by the Police Force or the Armed

Forces of Malta or by some other established Authority, for the

purpose of detention or the defence of the State.

Miscellaneous Provisions in relation to Building Regulations

The Minister may, following consultation with the

Executive Council, the Building Regulations Committee or with any

Government department or body corporate established by law, as the

said Minister may deem competent on the matter, issue guidelines on

the format and content of contracts for works and services and such

guidelines may list the materials to be supplied or work to be done for

which the two parties have to agree a price.

The Minister may, following consultation with the

Executive Council, by order prohibit the use of such materials or

classes of materials or such form of construction or such type of

equipment, fittings or services in relation to such class or classes of

buildings or to such class or classes of works as may be specified in

the order, if he is satisfied that such use would be a danger to public

health or safety or that such use would contravene any provision of

the building regulations made under article 88 and may by a

subsequent order amend or revoke such an order.

Any technical guidance document or methodology issued Technical

in connection with this Act may be issued in either the Maltese or guidance

documents.

English language only, or both.

Building Control Regulations

(1) The Minister may, following consultation with the Building

Executive Council, inter alia make regulations providing for matters Control

Regulations.

of procedure, administration and control for the purposes of securing

the implementation of, and compliance with, the requirements of

building regulations, and may by such building control regulations

make such incidental, consequential or supplementary provisions as

may appear to him, on the advice of the Building Regulations

Committee, to be necessary or expedient.

(2) Without prejudice to the generality of sub-article (1),

building control regulations may make provision for all or any of the

following matters

(a)

requiring

(i) the submission to the Authority of certificates

of compliance by the owner or his representative, duly

completed and certified by a perit or warranted engineer

or both as the case may necessitate, being certificates

relating to compliance with the building regulations,

subject to any relevant dispensation or relaxation already

granted by the Planning Board, in accordance with article

64(1)(b), prior to the completion of the construction of any

building works or class of work to which such building

regulations apply;

(ii) in respect of a building, of a prescribed class or

classes, the submission by the owner or his representative

of a fire safety certificate issued by a fire consultant, that a

building, if constructed in accordance with the plans,

documents and information submitted, or so constructed,

would comply, subject to any relevant dispensation or

relaxation already granted by the Planning Board,

according to article 64(1)(b), with the provisions of the

building regulations as prescribed;

(b)

prescribing

(i) the form and content of certificates of

compliance, fire safety certificates and commencement

notices;

(ii) the plans, documents and information to be

submitted with certificates of compliance, fire safety

certificates and commencement notices;

(iii) the time within which such certificates or

notices are to be submitted;

(iv) the report of any perit, warranted engineer or

specialist consultant professionally responsible for the

works which is to be included in or with the certificate;

(c)

the designation of the persons or the classes of

persons by whom certificates of compliance, fire safety

certificates and commencement notices may be given, and the

classes of buildings or works in respect of which such

certificates are to be given;

(d) the registration of certificates of compliance, fire

safety certificates, commencement notices, and of such

information as may be prescribed, and the making available of

such information to such persons as may be prescribed;

(e)

the charging of fees for

(i) the registration of certificates of compliance,

fire safety certificates and commencement notices;

(ii) the provision of copies of certificates or other

documents or extracts therefrom; and

(iii) the carrying out of inspections and tests and the

testing of samples taken pursuant to article 94;

(f)

the combining, in one document, of any two or more

of any application, notice, certificate or other document

provided for in this Act or in any regulations made thereunder;

(g) the dispensation from any provision regarding the

submission of certificates of compliance or fire safety

certificates, of such buildings, or classes thereof as may be

specified in the regulations;

(h) any other matter that the Minister, acting on the

advice of the Executive Council, considers appropriate.

(3) Building control regulations may make different

provisions in relation to different buildings or classes of buildings

situated in different areas, or in relation to different provisions of the

building regulations.

(4) Where a certificate of compliance, fire safety certificate, or

a commencement notice is submitted to the Authority, the Authority

shall not be under a duty to any person, entity or institution to

(a) ensure that the building or works to which the

certificate or notice relates shall, either during the course of the

work or when completed, comply with the requirements of the

building regulations or be free from any defect;

(b) ensure that the certificate complies with the

requirements of this Act or of regulations or orders made under

this Act; or

(c)

verify the facts stated in the certificate.

Amendment of the Code of Police Laws

(1) The Minister may, without prejudice to the Amendment of

provisions of sub-article (2), by regulations amend, substitute or the

Police Laws.

repeal any of the provisions of Part V of the Code of Police Laws, Cap. 10.

with effect from such date as the Minister may, by order in the

Gazette, establish.

(2) The Minister may by regulations made under this sub-

article provide for transitory provisions.

PART IX

Monitoring and Enforcement

(1) Notwithstanding the provisions of any other law, for Right of entry.

the purposes of carrying out their functions under this Act, the

Executive Council and such officer, employee or committee or any

other person as may be authorised by the Executive Council or the

Executive Chairperson for this purpose, and if so required by the

Executive Council with the assistance of the Police Force, shall have

(a)

the right to enter any premises, public or private, at

all reasonable times, and in the case of a dwelling house after

giving previous reasonable notice of at least twenty-four hours

and not before seven o’clock in the morning or later than 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 or to take any photographs after entering or request any

legitimate information from any occupier of such premises; and

(b) the right to do anything that is ancillary or

consequential thereto.

(2) Any person authorised pursuant to sub-article (1) shall

produce a means of identification issued by the Authority and thereon

be authorised to enter the land.

(1) The Executive Council shall monitor all activities

falling within the scope of this Act, including all development

operations to ensure that all such activities and development are

carried out only in accordance with the requirements of this Act and

in compliance with the decisions lawfully taken under this Act and

may for such purpose request and obtain the assistance of the Police

Force, any local council, any department of Government or any

agency of Government.

(2) The Executive Council 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 being

development carried out before 1967, 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 activity or

development the Executive Council 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 activity or development to the extent

the Executive Council deems adequate in the circumstances

Provided that the onus of proof that a development or

activity is not in compliance with rules, regulations, plans or policies

in force at the time the activity or development took place is on the

Executive Council.

(3) The Executive Council shall also monitor all activities

falling within the scope of this Act, to ensure that all such activities

are carried out in accordance with licences, permits, certificates

issued by the Authority concurrently with the planning decision.

(1) The Executive Council may appoint officers for the

purposes of this Act, and such officers 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 notices or enforcement notices or stop and

enforcement notices or warning notices to any person in

accordance with the provisions of article 97.

(2) The provisions of sub-article (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 Cap. 9.

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 Executive Council that an activity Enforcement

and, or development is being carried out without the grant of a procedure.

permission and, or licence required under this Act or that any

conditions subject to which such permission was granted in respect of

any such activity and, or development are not being complied with or

such activity and, or development is against this Act or regulations

made under this Act, the Executive Council shall issue a stop notice

to any such person carrying out such an activity and, or development

Provided that when the illegal activity and, or development

is limited to part of the site, the Authority may in its discretion issue a

partial stop notice requiring the activity and, or development to be

stopped forthwith only in relation to that part of the activity and, or

development to where the illegal development subsists and not in

relation to the whole development

Provided further that no such notice shall be issued for any

development carried out before 1967

Provided further that the Executive Council may issue a

warning notice in writing requiring illegal activity and, or

development to be stopped forthwith prior to proceeding with the

issue of a stop notice, which has to be abided with immediately on

notification, provided that only one warning notice may be issued for

the same infringement.

(2) A copy of the notices mentioned in sub-article (1) may also

be served on any representative, builder, contractor or workman on

the site and the Executive Council shall also affix such notices in a

prominent position at a point of entry onto the site.

(3) The Executive Council shall, in the case of a stop notice

issued under sub-article (1), also inform

(a)

the local council in whose locality the land

mentioned in sub-article (1) is found;

(b) the perit responsible for the said works and the site

manager, if known, that a stop notice as aforesaid has been

issued by the Executive Council

Provided that the non-compliance with the provisions of

this sub-article shall in no case invalidate any notice issued under

sub-article (1).

(4) If it appears to the Executive Council that any activity and,

or development of land has been carried out after the coming into

force of this Act without the grant of permission required on that

behalf under this Act, or that any conditions subject to which such

permission was granted in respect of any activity and, or development

have not been complied with, the Executive Council 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 the person responsible for the acts

mentioned in the notice or any combination thereof as the Executive

Council deems most expedient, an enforcement notice and sub-article

(3) shall also here apply, 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 activity and, or

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

Provided that where the Executive Chairperson believes

that there is an imminent danger to the environment, an emergency

enforcement notice may be served on the above indicated persons

without the need of consulting the other members of the Executive

Council

Provided further that an appeal from an emergency

enforcement notice or the submission of an application for the

retention on land of any buildings, works or development or to

sanction the continuance of any use of the land to which the

emergency enforcement notice relates shall not stay the operation of

the emergency enforcement notice.

(5) The Executive Council shall register all stop notices and

all other enforcement notices issued in terms of this Act in the index

mentioned in article 57(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 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 together with any additional information as

deemed appropriate by the Executive Council to clearly identify the

alleged infringements.

(7) A notice under this article may include a combination of a

stop notice and enforcement notice and shall be known as a stop and

enforcement notice. Moreover a notice given under any of the

provisions of this article, other than the immediate request stopping

or prohibiting any further work or development or requiring the

cessation of use, shall take effect at the expiration of such period,

being not less than fifteen days and not more than sixty days after

service thereof, as may be specified therein.

(8) When an application for development permission has been

submitted before the expiry of the period mentioned in sub-article

(7) -

(a)

for the retention on the land of any buildings, works

or development to which the enforcement notice relates; or

(b) to sanction 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 activity and, or

development or requiring the cessation of a use, shall be suspended

pending the final determination of the application. If the permission

applied for is granted on that application and it comes into operation,

the enforcement notice shall cease ipso jure to have effect.

(9) Any application to regularise an activity or a development

or an appeal to the Tribunal from a refusal, may be dismissed

forthwith if a requirement in the notice stopping or prohibiting further

activity and, or development, or requiring the cessation of a use, has

not been complied with and there is evidence to show that the notice

has not been complied with during the processing of the application

or during the Tribunal sittings, 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.

(10) The Executive Council may exercise its powers under

article 100(1) notwithstanding that a second or subsequent

application intended to regularise the illegal activity or development

may have been filed with the Planning Board 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.

(11) Any person who feels aggrieved by any notice served on

him may appeal against it to the Tribunal in terms of the Environment

and Planning Review Tribunal Act, in which case the effects of the

notice, other than the request stopping or prohibiting any further

activity and, or development or requiring the cessation of a use, shall

be suspended pending the final determination of the appeal.

(1) If it appears to the Executive Council that anything

which is prohibited or restricted or subject to a condition by or under

any of the provisions of article 57 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 Executive Council

shall serve a notice on the owner of the land or on the occupier of the

land or on both as the Executive Council deems most expedient,

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 article 97(3) shall also apply to any notice under this

article.

(2) A notice under this article shall also be referred to as an

"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 the

expression appears in this Act, it shall include a notice given under

this article

Provided that no such notice shall be issued for any

development carried out before 1967.

(1) If it appears to the Executive Council that the

amenity of any area is injured by the appearance or structural

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 Executive Council may serve an enforcement notice

on the owner of the land or on the occupier of the land or on both as

the Executive Council deems most expedient, requiring such steps to

be taken for abating the injury as may be specified in the notice. The

provisions of article 97(3) shall also apply to any notice under this

article.

(2) The Minister may, in consultation with the Executive

Council, 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, at the owner’s expense,

in accordance with the provisions of article 100. 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.

(3) A notice under this article shall also be referred to as an

"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 the

expression appears in this Act, it shall include a notice given under

this article. Such notices may also be issued for any development

carried out before 1967.

(1) If any steps or other action, including any Supplementary

discontinuance, stoppage or similar requirement, required to be taken provisions

enforcement and

by an enforcement notice have not been taken within the time proceedings

debts due to the

specified therein, the Executive Council may enter on the land or the Authority.

area at sea and take such steps or other action as aforesaid without

any other formalities required by any other law, 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 and, or Armed

Forces shall for such purpose exercise such powers as are vested in

them at law, on the demand of the Executive Council for assistance.

(2) Where the removal of an illegal development involves by

strict necessity the removal also of a development which is not

illegal, the Executive Council may proceed to remove also such other

development, the removal of which is strictly 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 the

powers conferred upon it by this article.

(4) Subject to the provisions of, or regulations made under,

this Act, when an enforcement notice has not been appealed and the

owner or the occupier of the land subject to an enforcement notice or

any person responsible for the acts mentioned in the notice, fails to

comply with the said enforcement notice within the period therein

prescribed, such person shall be liable to a daily fine to be regulated

by regulations made by the Minister, not being more that fifty euro

(€50) per day which shall apply from the date that such illegality

mentioned in the notified enforcement notice continues. When the

notice has been appealed and the enforcement is confirmed by the

Tribunal or the Court of Appeal (Inferior Jurisdiction), as the case

may be, the daily fine for continuation of illegality shall be calculated

from the original date notified in the enforcement notice

Provided that the Minister may by regulation prescribe

different dates from which daily fines shall be calculated.

(5) All expenses reasonably incurred by the Executive Council

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 made thereunder shall be recoverable as a civil debt by

the Authority from the present 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. The Authority, in

its discretion, can dispose of the objects constituting the illegality or

illegalities, without any other formalities whatsoever if the objects

remain unclaimed within seven days.

(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 Executive Chairperson or an officer of the

Authority duly authorised by the Executive Chairperson to act on his

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 sub-article (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 declares the claim unfounded.

(8) The application filed in terms of sub-article (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

any person shall have the right to request the Authority to regularise apply

types of

development which may be regularised by virtue of regulations made development.

by the Minister under this Act in accordance with and subject to

procedures established by the Authority.

(2) Notwithstanding the other provisions of this Act, any

person who is served with an enforcement notice in respect of

development which may be regularised by virtue of regulations made

by the Minister under this Act, shall have the right to request the

Authority to regularise such development in accordance with and

subject to procedures established by the Authority

Provided that 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 105 has been paid.

(3) Where any person claims to the Authority that an

enforcement notice falls within the provisions of sub-article (2), and

he requests the Authority to regularise such development and the

Authority does not accept such claim, the period mentioned in article

97(7) 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.

(4) The Minister may, after consultation with the Authority,

make regulations to give better effect to the provisions of this article.

(1) The following provisions shall have effect with

respect to any development which has taken 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 or any other certificate as prescribed by regulations stating

that the development is in accordance with a development permission

or has been conceded or approved by the Authority in terms of the

Development Planning Act, 1992, the Environment and Development

Planning Act, or this Act or under any regulation made therein. Any

service for the supply of water and electricity which was provided

following the issue of a compliance certificate which is subsequently

revoked by the Authority due to irregularities contained in such

certificate, shall be suspended at the request of the Authority.

(3) In any of the circumstances in which the Authority may

serve an enforcement notice 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 the procedures to be used by the Authority

in making such a registration.

PART X

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 or occupier without a valid development permission, 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

articles 57 and 58 in respect of any scheduled property or an

emergency conservation order; or

(c)

having been served with an enforcement notice or

other notice under articles 56, 97, 98 or 99 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 or army 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 fails 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 (€1,500) and not exceeding one hundred thousand euro

(€100,000), 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 57(9) and 100(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

sub-article (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 judgement, 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 (€50) and not more than one hundred euro (€100), 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) Any person who is convicted of an offence under this

article may also, at the request of the prosecution, be disqualified

from signing and submitting to the Authority, for a period not

exceeding two years from the date of conviction for the offence,

certificates of compliance or fire safety certificates, or any other

certificate required in accordance with this Act or any other

regulations made thereunder and, accordingly, the Authority shall not

accept certificates for registration which are signed by a person while

so disqualified.

(4) Proceedings against any person for any offence as is

mentioned in sub-article (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.

(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 sub-article (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 (multa) under sub-article (2) shall be due in

respect of the time after the development has been regularised.

(6) (a)

Without prejudice to any other provisions of this

Act, or other provisions or regulations, made under this Act, which

the Authority is entitled to enforce, the Authority shall have the

power to impose in respect of any person who infringes any provision

of this Act or of any regulations made thereunder, or who fails to

comply with any directive or decision given by the Authority,

whether under this Act, or regulations prescribed thereunder, or under

any other law which the Authority is entitled to enforce, an

administrative fine using such procedures as established in this Act or

regulations made thereunder.

(b) An administrative fine imposed shall not, unless

provided otherwise by or under this Act, exceed two hundred

thousand euro (€200,000), and two thousand euro (€2,000) each day,

in the case where the infringement persists

Provided that all the fines provided for in this article shall

be due to the Government as a civil debt and following the service of

a judicial act, in terms of article 466 of the Code of Organization and

Civil Procedure.

In any proceeding or prosecution under this Act, a copy of Certified copies

any order, notice, decision or other document purporting to have been of

documents.

made under this Act and purporting to have been signed by the

Executive Chairperson, shall be accepted as evidence of the order,

notice, decision or other document, and of the facts appearing therein,

without further proof.

(1) Notwithstanding any other law providing for the Special

trial and punishment of offences, where the Executive Council compromise

procedure.

believes that a person has committed an offence against this Act,

other than an offence under article 103(1)(d), the Executive Council

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 compromise fine which he is required to

pay in respect of that offence

Provided that the Executive Council may not require the

payment of a compromise fine higher than fifty thousand euro

(€50,000).

(2) Where a notice under this article has been given, the

person named in the notice may, within sixty days of the service of

the notice, accept responsibility in writing for the offence specified in

the notice and within the same period, remedy the offence, and pay or

undertake in writing to pay the fine indicated in the notice or such

other compromise fine as the Executive Council 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 compromise fine paid, or agreed to be

paid, shall be the penalty to which he becomes liable to pay;

(b) if the offence is remedied to the satisfaction of the

Executive Council and the compromise fine is paid within the

period, no further proceedings may be taken against the said

person in respect of the same facts

Provided that the agreement to pay the compromise

fine shall not extinguish any civil liability to make good any

damages to any person or authority and any liability arising

under article 103(2);

(c)

if the compromise fine is not paid within the

aforesaid period, 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 sub-

article (1) does not accept or, having accepted such responsibility,

fails to remedy the offence within the time aforesaid, and even if he

has paid the compromise fine, ordinary criminal proceedings may be

taken against him in accordance with the provisions of law applicable

to the offence.