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ACT No. XXI of 2021 AN ACT to amend the Environment and Planning Review Tribunal Act, Cap. 551.

6 Articles / Provisions · Malta
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Malta Government Gazette — Act 2021 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,616 – 30.04.2021 — ACT No. XXI of 2021 AN ACT to amend the Environment and Planning Review Tribunal Act, Cap. 551.

I assent.

(L.S.)

GEORGE VELLA

President

30th April, 2021

ACT No. XXI of 2021

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:-

Malta Government Gazette — Act 2021 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,616 – 30.04.2021 — ACT No. XXI of 2021 AN ACT to amend the Environment and Planning Review Tribunal Act, Cap. 551.

The short title of this Act is the Environment and Planning

Review Tribunal (Amendment) Act, 2021 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''.

Malta Government Gazette — Act 2021 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,616 – 30.04.2021 — ACT No. XXI of 2021 AN ACT to amend the Environment and Planning Review Tribunal Act, Cap. 551.

Sub-article (7) of article 4 of the principal Act shall be

substituted by the following new sub-article

"(7) Members of the Tribunal shall remain in office for a

term of five (5) years, but may be reappointed for another term of

five (5) years.".

Malta Government Gazette — Act 2021 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,616 – 30.04.2021 — ACT No. XXI of 2021 AN ACT to amend the Environment and Planning Review Tribunal Act, Cap. 551.

In paragraph (b) of sub-article (2) of article 9, the words

"substantive or procedural nature;" shall be substituted by the words

"substantive or procedural nature:" and immediately thereafter there

shall be added the following new proviso

"Provided that whenever pleas of a peremptory

nature arise, the Tribunal may decide before any other matter to

hear the evidence of the parties and give a decision, limitedly on

the matter, and a decision given by the Tribunal shall be deemed

final and subject to appeal within twenty (20) days of its award,

before the Court of Appeal in terms of article 52 of the Act.".

Malta Government Gazette — Act 2021 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,616 – 30.04.2021 — ACT No. XXI of 2021 AN ACT to amend the Environment and Planning Review Tribunal Act, Cap. 551.

Immediately after sub-article (3) of article 32B of the Amendment of

principal Act, there shall be added the following new sub-article

"(4) (a) Without prejudice to the provisions of

sub-article (2), the Registry of this Tribunal shall be open

for the lodging of acts during the following days and

during the following working hours

Between 1 st October and 30 th June of each

year, from 8.00a.m. to noon and between 1.30p.m.

and 3.15p.m. and between 1 st July and 30 th

September from 8.00a.m. to noon.

(b) Subject to the provisions of the Environment

and Planning Appeals (Procedure) Regulations, the

Registry of the Tribunal shall be closed for the lodging

of acts on Saturdays and Sundays and on public holidays

as provided for in the National Holidays and Other

Public Holidays Act.".

Malta Government Gazette — Act 2021 21 · Gazzetta tal-Gvern ta’ Malta Nru. 20,616 – 30.04.2021 — ACT No. XXI of 2021 AN ACT to amend the Environment and Planning Review Tribunal Act, Cap. 551.

Article 51 of the principal Act shall be substituted by the Substitution of

following new article

"51. Without prejudice to sub-article 9(2)(b), an appeal

against a partial decision of the Tribunal pursuant to article 33

may be lodged only with an appeal against the final decision of

the Tribunal.".

Passed by the House of Representatives at Sitting No. 452 of the

26th April, 2021.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36

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