ACT No. XXIII of 2020 AN ACT to amend the Environment and Planning Review Tribunal Act, Cap. 551.

I assent.

(L.S.)

GEORGE VELLA

President

30th April, 2020

ACT No. XXIII of 2020

AN ACT to amend the Environment and Planning Review Tribunal

Act, Cap. 551.

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

consent of the House of Representatives, in this present Parliament

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

The short title of this Act is the Environment and Planning

Review Tribunal (Amendment) Act, 2020, and this Act shall be read

and construed as one with the Environment and Planning Review

Tribunal Act, hereinafter referred to as "the principal Act".

Immediately after article 32 of the principal Act there shall be

added the following new articles

" Holding of

(1) Notwithstanding any provision of this

sittings and

Act or any other law regulating the proceedings before

delivery of

decisions through the Tribunal, the Tribunal may hold and conduct the

electronic or other

hearing of its sittings and deliver its decisions, through

viable means of

communication. such electronic or other viable means of communication

as it deems appropriate.

(2) The Tribunal shall, in all cases, ensure that the

hearing of any of its sittings and the delivery of any of

its decisions, in the manner set out in sub-article (1), be

open and accessible to the public through such

electronic or other viable means of communication as it

deems appropriate. The Tribunal may take all such

measures and issue all such orders it deems appropriate

to ensure the proper conduct of the sittings of the

Tribunal and delivery of its decisions by electronic or

other viable means of communication. It may also allow

the filing of acts, in the proceedings brought before it, to

be made by electronic means in such format as it deems

appropriate.

(3) The provisions contained in the Act relative to

the conduct of proceedings and the delivery of decisions

by the Tribunal shall, as far as is reasonably practicable,

apply in the same manner to sittings held and conducted

and decisions delivered, in the manner set out in this

article

Provided that no nullity shall ensue for non-

observance of any provision of the Act relative to the

conduct of the proceedings or the delivery of decisions

of the Tribunal by electronic or other viable means of

communication due to the failure of the electronic or

other means of communication used.

(4) The conduct of the hearing of the sittings and

the delivery of decisions of the Tribunal by electronic or

other viable means of communication shall have the

same effect at law as those held without such means.

(5) Notwithstanding the above sub-articles, the use

of electronic means or other viable means of

communication shall take place after a pre-notice of five

(5) days is given to all persons concerned.

(1) Notwithstanding any provision of this

Act or any other law, the registry of the Tribunal may

receive all acts including applications of appeal and

replies thereto, by transmission of the original act duly

signed, by electronic means and by electronic payment

or other means the fee prescribed by law.

(2) The registry of the Tribunal shall issue a copy

of the acts filed through electronic means as aforesaid

and the said copy issued by the registry of the Tribunal

shall, for all intents and purposes of law, be considered

as the original.

(3) Acts filed by electronic means shall, for all

intents and purposes of law, be deemed as if they have

been filed directly in the registry of the Tribunal

Provided that when an act is filed by electronic

means outside registry opening hours, such act shall be

deemed to have been filed on the first following day of

the opening of the said registry.".

Passed by the House of Representatives at Sitting No. 322 of the

28th April, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36