Att dwar l-Ambjent u l-Ippjanar tal-Iżvilupp<BR><I>Il-leġiżlazzjoni sussidjarja kollha ġiet trasposta għal Kap.549 jew Kap.552 rispettivament <BR><I> Parzjalment fis-seħħ

The short title of this Act is the Environment and

Development Planning Act.

Amended by

L.N. 57 of 2011.

Article 6

Provisions with respect to the Authority and the Environment

and Planning Commission

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

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

Schedule, wherever the word "Authority" is used, it is to be construed as to include

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

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

provided there is a quorum present at the meeting.

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

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

Authority at the time of the meeting.

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

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

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

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

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

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

against any motion put to the vote.

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

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

consideration shall, not later than the first meeting held after the relevant

circumstances have come to his knowledge, disclose the nature of his interest. Such

disclosure shall be recorded in the minutes of the meeting and the member

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

respect to that matter; and

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

such discussion or decision.

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

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

for appointment is subsequently discovered.

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

may regulate its own procedure.

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

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

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

68(4), to make submissions on any matter under consideration. The Chairman, at his

absolute discretion, may also allow any other member of the public to make

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

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

participation of the applicant and his representative or of the interested third party

who made representations in accordance with the provisions of article 68(4) or the

public as it may deem appropriate.

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

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

ENVIRONMENT AND DEVELOPMENT PLANNING

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

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

relevant file the specific environmental and planning reasons adduced by the

Authority.

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

during the first sitting at which such a matter is brought for determination. The

Authority may request the applicant to file fresh plans and documents, in which case

the Authority shall give reasons for such a request provided that the substance of the

matter under its consideration shall not change and any person who has made written

submissions on the application in terms of article 68(4) shall be informed that such

fresh plans and documents have been so filed and shall also be invited to be present

at the Authority’s sitting, as the case may be, when such application shall be

discussed. When the Authority puts off a decision on an application either when the

applicant is required to submit fresh plans and documents, or for the furnishing of

further information, in which case the Authority shall give reasons for requiring such

further information, or when the Authority needs to consult in terms of article 45 in

which case the Authority shall give reasons for requiring such consultation, the

Authority shall, during the meeting establish the date for the next sitting for the

determination of the application, such date being not later than thirty days from the

date of the last meeting

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

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

matter under its consideration.

In this Act, unless the context otherwise requires

"advertisement" means any word, letter, model, sign, placard,

board, notice, device or representation, whether illuminated or not,

in the nature of and employed wholly or in part for the purposes of

advertisement, announcement or direction, including any boarding

or similar structure used or adapted for use for the display of

advertisements;

"agency of Government" means a body corporate established by

law and a company in which the Government or such body

corporate, or a combination thereof has a controlling interest or

which is a subsidiary of such a company;

"application" means a permission or licence application;

"application report" means the final permission or licence

application report;

"the Authority" means the Malta Environment and Planning

Authority established under article 6 and includes any body or

other person acting on its behalf under powers delegated by the

Authority under this Act, and the Minister may, by order in the

Gazette, designate different bodies or persons as a competent

authority for different provisions and different purposes of this Act

or any regulations made thereunder;

"biological diversity" or "biodiversity" means the variability

*See article 1(2) of the Act, as originally enacted, and Legal Notice 511 of 2010.

†See article 1(2) of the Act, as originally enacted, and Legal Notice 511 of 2010.

‡See article 1(2) of the Act, as originally enacted, and Legal Notice 91 of 2011.

§See article 1(2) of the Act, as originally enacted, and Legal Notice 78 of 2012.

**See article 1(2) of the Act, as originally enacted, and Legal Notice 112 of 2014.

ENVIRONMENT AND DEVELOPMENT PLANNING

among living organisms from all sources, including inter alia,

terrestrial, marine and other aquatic ecosystems and the ecological

complexes of which they are part, and includes diversity within

species, between species and of ecosystems;

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

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

building;

"building or work" includes waste materials, refuse and other

matters deposited on land;

"building operations" includes rebuilding operations, structural

alterations of or additions to buildings, and other operations

normally undertaken by a person carrying on business as a builder;

"the Chairman of the Board" means the Chairman of the

Authority appointed in terms of article 6;

"the Chief Executive Officer" means the officer appointed under

the provisions of article 13;

"conservation" in relation to environment protection means a

series of measures required to maintain or restore the natural

habitats and the population of species of wild fauna and flora at a

favourable status and for cultural heritage means any activity

required to maximize the endurance or minimize the deterioration

of any cultural property as far as possible and includes examining,

testing, treating, recording and preserving any such cultural

property or any part thereof;

"the Commission" means the Environment Planning Commission

established under article 35;

"derivatives" means parts of any specimen, whether processed by

man or not;

"development permission" means a permission to carry out

development granted by the Authority either on an application in

that behalf or in a development order;

"discharge" includes emission, deposit, dumping, disposal,

addition or introduction into the environment of a substance or

energy, directly or indirectly from any point source or diffuse

source, whether stationary or mobile, and whether caused or

permitted intentionally or otherwise and whether continuous or

intermittent or once only;

"energy" includes all types of radiation forming part of the

electromagnetic energy spectrum, or resulting from a nuclear

source, as well as all vibrations and noise;

"engineering operations" includes any physical changes to the

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

of roads and of means of access to roads;

"environment" means the whole of the elements and conditions,

natural or man made, existing on earth, whether together or in

isolation, and in particular

(a) the air, water and land;

ENVIRONMENT AND DEVELOPMENT PLANNING

(b) all the layers of the atmosphere;

(c) all organic and inorganic matter and all living

organisms;

(d) all ecosystems; and

(e) the landscape;

"erection" in relation to buildings, includes extension, alteration

and re-erection;

"fauna" means all types of animals and other biota including

akaryotes, prokaryotes and eukaryotes, dead or alive, in whole or in

part and their derivatives;

"flora" means all types of plants and other biota including

akaryotes, prokaryotes and eukaryotes, dead or alive, in whole or in

part and their derivatives;

"functions" includes responsibilities, powers and duties;

"genetically modified organism" means any of the following

(a) an organism derived from the formation of a

combination of genetic material by any means other

than natural means;

(b) an organism inheriting such combination of genetic

material;

(c) an organism that results from the replication of an

organism as derived in paragraph (a); or

(d) such other organism as may be prescribed by the

Minister under this Act;

"land" includes a building;

"local council" means a local council established under the Local

Government Act;

"minerals" includes all minerals and substances (including oil

and natural gas) in or under land of a kind ordinarily worked for

removal by underground or surface working;

"the Minister" means the Minister responsible for the

environment;

"natural resources" means any component of nature and includes

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

genetic resources;

"owner" means -

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

entitled to receive the rent of the land or, where the

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

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

usufructuary;

(c) an emphyteuta;

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

development relates forms part of the community of

acquests;

ENVIRONMENT AND DEVELOPMENT PLANNING

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

of the Act;

"policy" means a policy approved in accordance with the

provisions of the Act;

"pollution" means the direct or indirect introduction by man, or

due to natural processes, into the environment of substances,

organism, genetic material or energy that cause or are likely to

cause hazard to human health, harm to living resources or to

ecosystems, or damage to amenities, or interfere with other

legitimate uses of the environment;

"position statement" means a statement issued by either the

Minister or the Authority in order to provide a detailed technical

explanation justifying a position with respect to a specific planning

issue;

"precautionary principle" means the principle whereby

appropriate measures are taken to protect the environment and to

ensure sustainable management of natural resources in the absence

of absolute or conclusive scientific proof of the need for such

measures;

"prescribed" means prescribed by regulation, rule, order or other

instrument made as provided in the provisions of this Act

empowering the making of any such instrument;

"project of common interest" means a project necessary to

implement the energy infrastructure priority corridors and areas set

out in Annex I of Regulation (EU) No 347/2013 and which is part

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

Article 3 of the said Regulation (EU) No 347/2013;

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

the Constitution;

"road" means any highway or road, whether public or private,

and includes any street, square, court, alley, lane, bridge, footway,

passage or quay, whether thoroughfare or not;

"scheduled buildings" has the meaning assigned to it by article

81;

"specimen" means any species, whether alive or dead, any part or

derivative thereof, and includes any goods which from an

accompanying document, the packaging, mark or label or from

other circumstances appear to be parts or derivatives of animals or

plants;

"Standing Committee" means the Standing Committee on

Environment and Development Planning established in terms of

article 34;

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

plans or management plans;

"substances" means any matter, chemical, mixture, compound or

product and including fuels, combinations of elements, mixtures or

compounds of a chemical reaction, as well as the mixture of

substances of different molecular identities;

ENVIRONMENT AND DEVELOPMENT PLANNING

"Temporary Provisions Schemes" means a planning scheme

prepared and approved in accordance with the Building Permits

(Temporary Provisions) Act * ;

"Tribunal" means the Environment and Planning Review

Tribunal established under the provisions of article 40 of the Act;

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

carrying out of any building, engineering, mining or other

operations thereon;

"waste" means any thing, substance or object which the holder

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

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

Minister may prescribe.

Amended by

L.N. 223 of 2014;

Article 41

L.N. 404 of 2014;

L.N. 470 of 2014.

Proceedings before the Environment and Planning Review Tribunal

and appeals therefrom

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

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

permission or licence, it should include a copy of the application form

and documents and plans submitted for approval together with all

documentation which is relevant for the grounds of appeal, including a

copy of the Authority’s decision appealed from.

(b) The time period when an appeal can be lodged before the Tribunal as

established in this Act shall be suspended only during such period when

the Tribunal’s administrative secretariat’s offices are closed between the

23rd December of any year and the 1st January of the following day,

both days included.

(c) A copy of the appeal and the ancillary documentation shall be

communicated to the Authority before the appeal is heard. The

Authority shall file its reply within thirty days of service upon it or

within such time as established by the Tribunal. The reply shall be

served upon the appellant.

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

ENVIRONMENT AND DEVELOPMENT PLANNING

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

such evidence as the Tribunal may allow

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

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

or absence from Malta or other similar reasonable cause.

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

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

may consider necessary.

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

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

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

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

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

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

appealed against and give such directions as it may deem appropriate

Provided that the Tribunal may request the appellant to submit fresh

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

request provided that the substance of the matter as presented before the Authority

shall not change.

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

except on a question of law only.

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

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

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

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

Tribunal shall be given in public.

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

Tribunal shall regulate its own procedure.

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

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

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

Jurisdiction) under this Act

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

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

apply.

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

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

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

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

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

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

a person may be present during all sittings of the Tribunal. Such a person may not

attend site inspections where the Tribunal enters upon the property of the appellant if

the appellant objects to the presence of such a person entering upon his property.

Such a person shall have a right to be given a copy of the Tribunal’s decision with

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

Secretary of the Tribunal as interested third party. Such a person may file an appeal

from a decision of the Tribunal before the Court of Appeal (Inferior Jurisdiction).

ENVIRONMENT AND DEVELOPMENT PLANNING

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

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

juridical interest which doctrine shall not apply to such proceedings, but he shall

submit reasoned grounds based on environmental and, or planning considerations to

justify his appeal.

13. The Tribunal may deem an appeal as abandoned if the appellant shows no

interest in the appeal submitted by him.

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

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

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

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

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

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

fee.

16. The Authority shall ensure that detailed information is made available to the

public concerning access provided for under this Act to appeal procedures before the

Tribunal and before 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.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

Article 12

(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and

article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

Article 34

(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and

article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

Article 42

The Registration Board

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

Board

1. Environmental Impact Assessments;

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

Area of Conservation or a Special Protected Area;

ENVIRONMENT AND DEVELOPMENT PLANNING

3. Strategic Environment Assessments;

4. Assessments in relation to Scheduled property and sites.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

Article 70

Applications which fall under the provisions of article 70

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

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

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

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

other plan; or

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

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

area protected under the provisions of this Act or any regulation made thereunder.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

Articles 41 and 69

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

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

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

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

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

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

includes demolition of facade; or

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

any regulation made thereunder.

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

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

ENVIRONMENT AND DEVELOPMENT PLANNING

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

Amended by

L.N. 229 of 2012;

Article 91

L.N. 52 of 2013;

L.N. 121 of 2013.

Category A

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

Provisions Scheme development boundary or a development boundary as indicated

in a local plan other than

(i)

when such development consists in change of use; or

(ii)

where such development is not in conformity with the alignment of

roads or buildings as specified in or interpreted from a Temporary

Provisions Scheme or local plan.

Category B

1. These provisions shall apply to development in existence on the coming into

force of these regulations and shall include the following

(i)

Size of internal yards

(a) if the length of any side of the internal yard is up to 65% of that

required by law and the overall area of the yard is more than 65%

of what it should have otherwise been;

(b) if the length of any side of the internal yard is between 50% and

65% of that required by law and the overall area of the yard is

within the same range, subject to an engineer’s report stating that

the habitable rooms in the premises have adequate lighting and

ventilation aided, if necessary, but not exclusively limited to

artificial lighting and forced mechanical ventilation respectively;

(c) premises which have internal yards that are less than half the size

of what they should have otherwise been are not included

Provided that the provisions of sub-category (i) shall be applicable to

dwellings in all areas and to premises within development zones limited

to Class 2, Class 3, Class 4, Class 5, Class 6, Class 7, Class 8, Class 9,

Class 10 of which class the term "commercial premises" applies only to

"schools", Class 17, as well as the uses listed in article 4(b), (d), (e),

(m), (n) and (p) of the Development Planning (Use Classes) Order

(S.L.552.15).

(ii) Size of back yard

(a) if the depth of any back yard is up to 65% of that required by law

and the overall area of the yard is more than 65% of what it

should have otherwise been;

(b) if the depth of any back yard is between 50% and 65% of that

required by law and the overall area of the yard is within the same

range, subject to an engineer’s report stating that the habitable

rooms in the premises have adequate lighting and ventilation;

(c) premises which have a back yard less than half the size of what it

should have otherwise been are not included

Provided that the provisions of sub-category (ii) shall not be applicable to

backyards where the remaining distance from the back party wall is less

than 1.5 metres at any point, except where requests in terms of the

Environment and Development Planning Act, Article 91 Eighth Schedule

ENVIRONMENT AND DEVELOPMENT PLANNING

Category B relating to any level of the backyard was submitted prior to

29th January 2013

Provided also that the provisions of sub-category (ii) shall be applicable

to dwellings within areas zoned for terraced development within the

development zone and to premises within development zones limited to

Class 2, Class 3, Class 4, Class 5, Class 7, Class 8, Class 10 of which

class the term "commercial premises" applies only to "schools", Class

17, as well as the uses listed in article 4(d), (e), (m), (n) and (p) of the

Development Planning (Use Classes) Order (S.L.552.15)

Provided further that the provisions of sub-category (ii) shall also be

applicable to residences in Category 1 and Category 2 Rural Settlements

ODZ, and to residences in areas zoned for villa and bungalow

developments as long as the statutory site coverage is not being

exceeded or conforms with sub-category (viii)(a) and as long as the side

curtilage is not being encroached upon in excess of that covered by sub-

category (vi)(a).

(iii) Internal height of structures

(a) premises with a clear floor to ceiling internal height of more than

2.6 metres;

(b) premises with a clear floor to ceiling height of less than 2.6

metres but more than 2.4 metres subject to an engineer’s report

stating that the habitable rooms in the premises have adequate

lighting and ventilation;

(c) premises with a clear floor to ceiling height which is less than 2.4

metres are not included

Provided that the provisions of sub-category (iii) shall be applicable to

dwellings in all areas and to premises within development zones but

limited to Class 2, Class 3, Class 4, Class 5, Class 6, Class 7, Class 8,

Class 9, Class 10 of which class the term "commercial premises" applies

only to "schools", Class 17, as well as the uses listed in article 4(d), (e),

(m), (n) and (p) of the Development Planning (Use Classes) Order

(S.L.552.15).

(iv) Room in back yards

Rooms at the ground floor level or at the floor level immediately above

garage or shop levels of any premises, provided that the room has

natural ventilation and natural lighting, as long as the cumulative area

of the room and any reduction in size of the backyard does not exceed

35% of the required back yard area, and provided that the external

height of the room including any opramorta is not higher than 3.4

metres above the finished floor level of the backyard

Provided that the provisions of sub-category (iv) shall be applicable to

dwellings within areas zoned for terraced development within the

development zone and to premises within development zones limited to

Class 2, Class 3, Class 4, Class 5, Class 7, Class 8, Class 10 of which

class the term "commercial premises" applies only to "schools", Class

17, as well as the uses listed in article 4(d), (e), (m), (n) and (p) of the

Development Planning (Use Classes) Order (S.L.552.15)

Provided further that the provisions of sub-category (iv) shall also be

applicable to residences in Category 1 and Category 2 Rural Settlements

ODZ, and to residences in areas zoned for villa and bungalow

ENVIRONMENT AND DEVELOPMENT PLANNING

developments as long as the statutory site coverage is not being

exceeded or conforms with sub-category (viii)(a) and as long as the site

curtilage is not being encroached upon in excess of that covered by sub-

category (vi)(a).

(v) Encroachments beyond property

(a) ramps or steps which do not protrude more than 30 centimetres

beyond the official alignment onto the pavement as long as the

pavement width of 1.2 metres is retained. This is not applicable in

respect of areas schemed with front garden;

(b) pilasters whose height does not exceed 1.4 metres, which are not

wider than 50 centimetres and which do not protrude more than

30 centimetres beyond the official alignment

Provided that the provisions of sub-category (v) shall only be applicable

to

(i) residential development within the development zone;

(ii) Class 4 shops within the development zone (with < 75m 2 usable

retail floor-space and with no commercial freezers on site);

(iii) Class 5 offices within the development zone (with < 75m 2 usable

office floor-space and at ground floor level);

(iv) Social, Community, Educational, Governmental and Religious

facilities within the development zone;

(v) areas zoned for Industry or Warehousing; and

(vi) above-mentioned uses located in Category 1 Rural Settlements

ODZ

Provided further that the development identified in this sub-category

shall be removed at the request of any public authority, including the

Local Council, and nothing contained in the provisions of this Act

including this Schedule may prejudice such a request.

(vi) Encroachments within property

(a) where the facades proper of the buildings themselves, excluding

enclosures, porches, and any other structures whose height

exceeds 1.25 metres, encroach within the first 1/3 of front

gardens, and not more than 25 centimetres within villa or

bungalow side gardens;

(b) structures in front and side gardens and roof setbacks whose height

does not exceed 1.25 metres above floor level externally and which

are cumulatively not larger than 10m 2 in each of these spaces;

(c) where the setbacks of permitted roof structures on residences are

reduced to not less than 4 metres from the underlying building

elevations; and

(d) where the setbacks of permitted garages in the side curtilage of

schemed villa or bungalow development are reduced to not less

than 4 metres from the building alignment

Provided that the provisions of sub-category (vi) shall only be

applicable to

(i) residential development within the development zone;

(ii) Class 4 shops within the development zone (with < 75m 2 usable

retail floor-space and with no commercial freezers on site);

ENVIRONMENT AND DEVELOPMENT PLANNING

(iii) Class 5 offices within the development zone (with < 75m 2 usable

office floor-space and at ground floor level);

(iv) above mentioned uses located in Category 1 Rural Settlements

ODZ.

(vii) Creation of additional residential units

In areas zoned for terraced residential development or for residential

developments in Category 1 Rural Settlements ODZ, the change of use of

permitted structures to residential development and, or the creation of

additional residential units by the sub-division of a permitted residential

unit into two or more, or by the creation of new residential unit/s

underlying existing permitted residential development without any excess

in footprint larger than 1m in any direction. This shall be applicable as long

as any room larger than 5.6m 2 in the unit has an aperture fronting on an

open space. Furthermore, this shall not be applicable to the creation of or

change of use to residential units situated at penthouse level if this involves

a change of use from washrooms, and to residential units at basement level

unless more than 50% of the façade area of the unit is above public road

level or in cases where the back elevation of the residence fronts on and

above an internal unroofed drive or larger open space that cannot be

developed or that has an open outlook overlooking diminishing terrain

levels. The change of use from a permitted residential unit (or part thereof)

to a private car garage

Provided that for cases of change of use of a permitted structure into a

residential unit, the provisions of sub-category (vii) shall only be applicable

if contractual or other valid proof is provided to the Authority’s satisfaction

to the effect that the change of use to a residence had already occurred by

the 29th January 2013

Provided also that for cases of sub-divisioning of a permitted residential

unit into two or more, the provisions of sub-category (vii) shall only be

applicable if contractual or other valid proof is provided to the

Authority’s satisfaction to the effect that by the 29th January 2013 the

subdivisioning had already occurred, AND

(i) that the present owner of the unit is not its original owner; OR

(ii) that if the present owner of the unit is still its original owner, the

provisions of sub-category (vii) shall only be applicable if the

original owner does not still own any unit adjacent to the unit

under consideration on the same floor such that these units can be

amalgamated into one larger unit

Provided further that the six-month grace period granted hereunder,

wherein an architect’s declaration is deemed to suffice for the purposes

of these provisions, shall not be applicable to this sub-category

Provided further that the limitations specified in the provisions of sub-

categories (i) and (ii) are not applicable to requests which include the

provisions of sub-category (vii).

(viii) Site area and coverage

(a) built site coverage not exceeding 15% of that permissible and as

long as any encroachment into front and side gardens and

backyards is not larger than that specified in the provisions of this

Schedule;

(b) inadequate plot or site area where the resultant plot area is not

ENVIRONMENT AND DEVELOPMENT PLANNING

less than 75% of the minimum permissible area and as long as the

provisions in paragraph (a) of this sub-category relating to both

coverage and setbacks are also respected

Provided that the provisions of sub-category (viii) shall only be

applicable to residential development in areas zoned for villa and

bungalow development.

(ix) Increase in height

An increase in the height of the overall building development, or parts

thereof (except in the height of any roof structure), as long as

(a) the overall height, including parapet wall, is not increased by

more than 1.25 metres from that approved in the development

permit;

(b) the increase in height does not involve additional floors;

(c) in the case of a ground floor garage in terraced development, the

garage is not roofed over in excess of 4.1 metres and the garage

door lintel does not exceed 3.3 metres; and

(d) the external garage height in the side curtilage of a schemed villa

and, or bungalow development or in an internal garage

development does not exceed 3.3 metres, including any

opramorta, and the garage door lintel does not exceed 2.8 metres

Provided that in paragraph (c) of this sub-category, the owner of an

overlying residence may also submit an application for the provisions of

these regulations to apply with respect to the underlying garage even if

such person is not the owner of the garage. In any such case the

applicant shall inform the owner of the garage

Provided further that the provisions of sub-category (ix) shall only be

applicable to

(i) residential development within the development zone;

(ii) Social, Community, Educational, Governmental and Religious

facilities within the development zone; and

(iii) areas zoned for Industry or Warehousing, in which areas the

limitations relating to door lintel heights aforementioned are not

applicable.

(x) External modifications

Excluding cases falling under sub-category (vi), external elevational

additions, modifications and alterations (including materials) existing

on the facades and, or on elevations fronting on public areas, except for

(a) the creation or enlargement of projecting rooms on road facades;

(b) balcony extensions exceeding 25 centimetres of that permitted in any

direction;

(c) porches;

(d) air-conditioning units and telecommunication equipment affixed

to facades;

(e) solid front or side garden walls which exceed 1.6 metres in

height

Provided that extensions to property in schemed villa or bungalow areas

are only applicable as per sub-category (viii). Any other extensions in

this sub-category are not applicable to footprints exceeding 10m 2 and,

ENVIRONMENT AND DEVELOPMENT PLANNING

when within statutory front or side gardens, not to encroach beyond the

limits set out in sub-category (vi)(a) and (d) as applicable

Provided further that the provisions of sub-category (x) shall only be

applicable to

(i) residential development within the development zone excluding

within UCAs;

(ii) Class 5 offices (with <75m 2 usable office floor-space and at ground

floor level) within the development zone excluding within UCAs and

Design Priority Areas;

(iii) for Class 4 shops, Class 5 offices, and residential development,

balcony extensions not exceeding 25 centimetres of that permitted in

any direction and solid front or side garden walls which do not

exceed 1.6 metres in height.

(xi) External modifications not visible from public roads

Excluding cases falling under sub-category (vi), external elevational

additions, modifications and alterations (including materials) for

elevations that are not fronting on public areas and that are not visible

from and conspicuous from public areas

Provided that extensions to property in schemed villa or bungalow areas

are only applicable as per sub-category (viii). Any other extensions in

this sub-category are not applicable to footprints exceeding 10m 2 and,

when within statutory front or side gardens, not to encroach beyond the

limits set out in sub-category (vi)(a) and (d) as applicable

Provided further that the provisions of sub-category (xi) shall only be

applicable to

(i) residential development within the development zone;

(ii) Class 4 shops within the development zone (with < 75m 2 usable

retail floor-space and with no commercial freezers on site);

(iii) Class 5 offices within the development zone (with < 75m 2 usable

office floor-space and at ground floor level);

(iv) Social, Community, Educational, Governmental and Religious

facilities within the development zone; and

(v) above-mentioned uses located in Category 1 Rural Settlements

ODZ.

(xii) Garage level modifications

Internal alterations and, or modifications to garage levels and to

circulation therein as long as no entries and, or exits are eliminated, the

development is in use, and in cases with more than one level of parking

insofar as the changes are confirmed by a Fire Safety Report and a

Transport Safety Report (covering manoeuvrability, exits, etc.) as not

affecting the safety of users and, or third parties. These provisions are

not applicable to major developments. Furthermore, these provisions

are also not applicable in cases where there is a difference in the number

of garage levels or in the amount of garages from what was approved in

the development permit

Provided that the provisions of sub-category (xii) shall only be

applicable where the overlying development is limited to

(i) residential development within the development zone;

ENVIRONMENT AND DEVELOPMENT PLANNING

(ii) Class 4 shops within the development zone (with < 75m 2 usable

retail floor-space and with no commercial freezers on site);

(iii) Class 5 offices within the development zone (with < 75m 2 usable

office floor-space and at ground floor level);

(iv) above-mentioned uses located in Category 1 Rural Settlements

ODZ,

or a mix of the above.

(xiii) Internal modifications

Internal planimetric alterations and, or modifications within units

Provided that these provisions shall only be applicable as long as these

alterations and, or modifications -

(i) are contained within the permitted built footprint;

(ii) do not give rise to additional units;

(iii) do not include a change of use;

(iv) do not run counter to permit conditions;

(v) do not run counter to sanitary requirements

Provided that the above limitations in items (i), (ii), (iii), (iv) and (v)

shall not be applicable if they are covered by other provisions in this

Schedule

Provided further that the provisions of sub-category (xiii) shall only be

applicable to

(i) residential development;

(ii) Class 4 shops (with < 75m 2 usable retail floor-space and with no

commercial freezers on site);

(iii) Class 5 offices (with < 75m 2 usable office floor-space and at

ground floor level);

(iv) Social, Community, Educational, Governmental and Religious

facilities; and

(v) Industry or Warehousing development.

Applicability.

2. The provisions of paragraph 1 shall apply subject to the following

(a) the provisions listed in paragraph 1 shall not apply to scheduled

buildings and to development that involved excavations within Areas of

Archaeological Importance;

(b) if a request, under the provisions of article 91 of the Act in respect of

developments in paragraph 1 in sub-categories (i), (ii), (iii) and (iv)

within residences within areas zoned for terraced development in the

development zone, is made to the Authority by the 31st January 2013, it

shall be presumed that the development to which the request refers to

existed prior to 1st August 2012 as long as the architect submitting the

request certifies that the development to which the request relates had

existed prior to 1st August 2012, and the same request includes

photographic evidence that shows the same development as existing on

site, and as long as there is no evidence to the contrary, or that no such

evidence to the contrary subsequently emerges

Provided that if such a request is not submitted by the 31st January

ENVIRONMENT AND DEVELOPMENT PLANNING

2013, the onus of proof that the development in question existed before

the 1st August 2012 lies with the applicant or his architect;

(c) if a request under the provisions of article 91 of the Act in respect of all

other of the developments in paragraph 1 that are not included in

paragraph (b) above, is made to the Authority by the 28th July 2013, it

shall be presumed that the development to which the request refers to

existed prior to 29th January 2013 as long as the architect submitting

the request certifies that the development to which the request relates

had existed prior to 29th January 2013, and the same request includes

photographic evidence that shows the same development as existing on

site, and as long as there is no evidence to the contrary, or that no such

evidence to the contrary subsequently emerges

Provided that if such a request is not submitted by the 28th July 2013,

the onus of proof that the development in question existed before the

29th January 2013 lies with the applicant or his architect.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

((Repealed by Legal Notice 107 of 2016, made under

article 87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

*repealed by Act I of 1992.

ENVIRONMENT AND DEVELOPMENT PLANNING

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

The Authority may engage such consultants or advisers, as

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

functions.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

ENVIRONMENT AND DEVELOPMENT PLANNING

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(1) Subject to those articles which specifically exclude the

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

86, the Tribunal shall have jurisdiction to

(a) hear and determine all appeals made by the applicant

or a person aggrieved by a notice issued under the

provisions of Part VI on any decision of the Authority

on any matter of development control, including the

enforcement of such control, or appeals made by any

person on any decision of the Authority relating to

environment protection, including environment

assessments, access to environmental information and

the prevention and remedying of environmental

damage

Provided that the Authority shall not be construed as

any person for the purposes of this paragraph;

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

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

determine appeals made in terms of articles 42, 76, 77,

81, 91, 92 u 93 and such other functions assigned to it

under the provisions of this Act;

(c) hear and determine an appeal lodged by an interested

third party from a decision of the Authority on any

matter of development control, provided that

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

interested third party who had submitted written

comments in terms of article 68(4) when the

application to carry out the development is

published,

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

from any development control decision

concerning a development which is specifically

ENVIRONMENT AND DEVELOPMENT PLANNING

authorized in a development plan,

(iii) a local council in whose locality the

development is intended to be carried out shall

always be deemed for all intents and purposes of

law to be an interested third party provided that

the said council has complied with the

provisions of article 68(4) and it is acting in the

interests of the locality,

(iv) the Government and any department, agency,

authority or other body corporate wholly owned

by the Government shall always be deemed for

all intents and purposes of law to be an

interested third party

Provided that the Authority shall not be

construed as an interested third party for the

purposes of this sub-paragraph.

(2) Unless otherwise provided under any provision of this Act,

an appeal may be lodged before the Tribunal within thirty days

from date of notification of the decision or order by the Authority.

(3) The Tribunal may, at the request of the appellant made

concurrently with the application for the appeal, suspend through a

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

development or the operation of any installation, pending a

decision being delivered by the said Tribunal, under those terms,

conditions and other measures as it may deem fit

Provided that the application, with the exception of

applications relating to developments or installations which relate

to environmental impact assessment and, or integrated pollution

prevention and control (‘IPPC’) matters, is not for a development

which, in the opinion of the Minister is of strategic significance or

of national interest, related to any obligation ensuing from a

European Union act, affects national security or affects interests of

other governments.

(4) In the cases referred to in sub-article (3), the Tribunal shall

hold its first hearing be within six working days from receipt of the

appeal, and shall not suspend the execution of such a permit unless

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

of the permit is suspended the prejudice that would be caused

would be disproportionate when compared with the actual doing of

the thing so permitted or if the request is deemed as frivolous or

vexatious

Provided that the Tribunal shall justify the decision

suspending the execution of the development and shall grant its

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

the date of the first hearing of the appeal

Provided further that the suspension of the execution of

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

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

suspension order shall be deemed to have elapsed ipso iure after the

lapse of such a period.

ENVIRONMENT AND DEVELOPMENT PLANNING

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

be held within three months from receipt of the appeal.

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

the appellant or any of the appellate parties to the appeal shall lie to

the Court of Appeal constituted in terms of article 41(9) of the

Code of Organization and Civil Procedure from such decisions only

on points of law decided by the Tribunal in its decision. An appeal

from a partial decision of the Tribunal may only be filed together

with an appeal from the final decision of the Tribunal. An appeal to

the Court of Appeal (Inferior Jurisdiction) shall be submitted

within twenty days from when the decision of the Tribunal is

delivered in public and such an appeal shall be regulated by the

rules of court made under article 29 of the Code of Organization

and Civil Procedure.

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

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

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

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

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

given.

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

cases referred to in sub-articles (3) and (4), advance notice of not

less than fourteen days shall be given of the first sitting of the

Tribunal to the parties, and those interested third parties who

registered their interest during the processing of the application

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

appropriate or as may be provided in the Second Schedule

Provided that in cases of urgency the said time limit of

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

Tribunal is satisfied that the party requesting urgency has given a

valid reason in writing therefor.

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

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

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

order.

(10) The Tribunal may require any department or agency of the

Government to provide the Tribunal with such information or

a d v i c e a s t h e Tr i b u n a l m a y d e e m n e c e s s a r y f o r t h e p r o p e r

execution of its functions.

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

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

made in accordance with the rules contained in the Second

Schedule; and in the absence of such rules on any matter, the

Tribunal may regulate its own procedure.

(12) Where judicial proceedings are instituted against the

Tribunal before a court of civil jurisdiction, the Secretary shall

represent the Tribunal in such proceedings; and, saving the

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

European Convention Act, no precautionary act may be issued

against the Tribunal by any court.

ENVIRONMENT AND DEVELOPMENT PLANNING

(13) The Tribunal, if it decides to grant a permission or licence

may impose a penalty, the payment of fees and contributions and

other conditions, which the Authority may impose when granting a

permission or licence; and the Tribunal shall ensure that it complies

with the provisions of article 69 in reviewing decisions of the

Authority.

(14) When the Tribunal modifies a decision taken by the

Authority and orders the issue of a permission or licence, or in any

other manner changes the decision of the Authority, the Authority

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

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

permission or licence or comply with the decision of the Tribunal

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

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

inflicted, within one month from compliance by the appellant with

such condition or payment of such penalty inflicted by the Tribunal

in its decision.

(15) Appeal proceedings before the Tribunal pursuant to sub-

article (1) shall be conducted in a timely manner, without undue

delay, and shall not be prohibitively expensive.

(16) Appeal proceedings before the Court of Appeal pursuant to

sub-article (6) shall be concluded in a timely manner 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 Tariff E in

Schedule A to the Code of Organization and Civil Procedure.

(1) Members of the public concerned having sufficient

interest shall have access to a review procedure before the Tribunal

to challenge the substantive or procedural legality of any decision,

act or omission relating to a development or an installation which is

subject to an environmental impact assessment (‘EIA’) or an

integrated pollution prevention and control (‘IPPC’) permit.

(2) Such an appeal may be lodged before the Tribunal within

thirty days from the date of notification of the final decision by the

Authority

Provided that such an appeal may relate to or include an

objection to any act or omission committed at any time during the

process of the EIA or IPPC leading to the decision in question.

(3) For the purposes of sub-article (1), the interest of any non-

governmental organisation promoting environmental protection and

which is registered under the Voluntary Organisations Act shall be

deemed sufficient.

(4) The provisions of article 41 shall, mutatis mutandis, apply

to review procedures pursuant to this article.

(1) There shall be a Registration Board whose function

shall be to evaluate applications for registration in the Register of

Consultants eligible to carry out environment assessments and

other assessments.

(2)

The Board shall be composed of a minimum of three

ENVIRONMENT AND DEVELOPMENT PLANNING

members and a maximum of five members, one of whom shall be

the Chairman and who shall be appointed by the Minister.

(3) The members of the Board shall be independent members

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

environmental or other assessments falling within the jurisdiction

of the Board.

(4) The Board shall assess applications for such registrations

and approve those that meet the requirements for registration. The

Board shall give reasons for its decisions.

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

application for registration in the Register kept by the Authority

shall be notified in writing to the applicant without delay.

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

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

disciplines in the Register, which disciplines might have in the

meantime evolved.

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

lie to the Tribunal only on the grounds that the Board has, in its

decision, wrongly applied the provisions of this Act or any

regulations issued thereunder, or the decision of the Board

constitutes an abuse of discretion or is manifestly unfair, and

without prejudice to the aforesaid, the discretion of the Board may

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

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

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

Board.

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

by the opinion of a majority of its members, and the dissenting

member or members, if any, may express his opinion separately;

and all decisions of the Board shall be delivered in public and shall

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

are given.

(9) The Minister may, after consultation with the Board, make

regulations to give better effect to the provisions of this article and,

without prejudice to the generality of the foregoing, 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 a Board;

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

Board.

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

at the request of the Authority, cancel any certificate granted under

the provisions of article 42 or refuse any application for a renewal

of the registration, when the holder of that certificate

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

crime being a crime committed through imprudence,

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

non-observance of regulations; or

ENVIRONMENT AND DEVELOPMENT PLANNING

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

any offence under the provisions of the Act or of any

regulations made there under; or

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

submitted sub-standard or deliberately misleading

work in an assessment; or

(d) has participated in the preparation of an assessment

when he was not registered in the Register; or

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

provisions of article 42 based on information given by

the applicant which is false or misleading; or

(f) fails to pay the yearly renewal fee.

(2) Notwithstanding the provisions of sub-article (1), the Board

may opt for a suspension, rather than cancellation of the certificate,

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 Board which period shall in no case be

less than three years.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

PART IV

Environment and Development Planning

1. Plans and Policies

Without prejudice to the provisions of this Act, the

effective management and planning of the environment and

development shall be regulated by plans, policies and regulations,

which are prepared and amended from time to time in accordance

with the provisions of this Act.

(1) The Authority shall, either out of its own motion, but

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

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

environment and development planning.

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

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

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

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

send to the Authority the reasons for making such a request

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

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

ENVIRONMENT AND DEVELOPMENT PLANNING

(4) The preparation and review of the structure plan shall be

regulated by the provisions of articles 51 to 53 whereas the

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

by the provisions of article 58

Provided that the Minister may, without prejudice to the

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

procedure that the Authority ought to follow, including the carrying

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

consultations, including public consultations, he may deem

necessary.

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

sub-article (1), informs the Minister, within thirty days of receipt of

such a request, that it is unable, for whatever reason, to prepare

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

delegate such functions in terms of article 9 with regard to that

particular plan or policy and in so doing it shall ensure that the

provisions of this Part are complied with.

(1) Where the Authority is unable to prepare a plan or

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

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

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

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

(2) The Minister shall consult the Authority on the terms of

reference which are to form the basis of the preparation of a plan or

a policy or a revision of such plan or policy by the said person. The

Minister shall then furnish the said person with the relative terms

of reference and shall also indicate to the said person the

documentation which shall be presented to the Minister when the

plan, policy or a revision of such plan or policy is drawn up. On

receipt of such documentation, the Minister shall forward a copy of

such documentation to the Authority.

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

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

paragraphs, the expression "the Authority" shall be construed as a

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

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

consideration the representations he may have received in terms of

article 58(2)(b).

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

thereof, it shall adopt it for submission to the Minister for his

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

mutandis, apply.

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

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

statement indicating the changes to be made to the said plan, policy

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

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

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

mutatis mutandis apply.

(6)

The plan, policy or the revision of such plan or policy shall

ENVIRONMENT AND DEVELOPMENT PLANNING

only be prepared by or under the direction of an expert in the

environment or spatial planning having such qualifications as the

Minister may prescribe.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

2. The Strategic Plan for the Environment and Development

(1) The

Strategic

Plan

for

the

Environment

and

Development

(a) is a strategic document regulating the sustainable

management of land and sea resources;

(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 policies in relation to the development

and use of land and sea and shall be illustrated by

diagrams as necessary and accompanied by an

explanatory memorandum giving a reasoned

justification for each of the policies and proposals

contained in the plan;

(d) must ensure that

(i) plans, policies and programmes issued under

this Act are spatial, holistic and comprehensive

so that all factors in relation to land and sea

resources and related environment conservation

are addressed and included and to balance

demands for development with socio-economic

considerations and the need to protect the

environment;

(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 individual land users;

(iv) it follows other national policies and plans.

(2) The Authority shall monitor the Strategic Plan for the

Environment and Development and review it as often as may be

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

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

accordance with the goals and objectives of a revision of the

Strategic Plan for the Environment and Development as may be

approved by Cabinet and take effect as provided in the following

provisions of this Part. In order to achieve the objectives set out in

this article, Cabinet shall take the necessary measures intended to

coordinate and improve the spatial impacts of other sectoral

policies and their relation to, or inclusion in, the Strategic Plan for

the Environment and Development.

ENVIRONMENT AND DEVELOPMENT PLANNING

(3) Notwithstanding the provisions of sub-article (2), the

Strategic Plan for the Environment and Development can be

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

House of Representatives, and shall come into force in accordance

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

the Strategic Plan for the Environment and Development shall not

adversely affect a development permission validly issued in favour

of any person before the date of the coming into force of such a

review.

(4) Cabinet may approve a statement of goals and objectives to

be achieved by a partial review of the Strategic Plan for the

Environment and Development, and, or, a proposal together with a

position statement with regard to that review. After such approval,

the Minister shall send to the Authority that statement of goals and

objectives, and, or, that proposal and position statement. When the

Authority receives that statement of goals and objectives and, or,

the proposal and position statement, it shall conform with the

procedure laid down in sub-articles (5) to (7), if the matters

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

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

the provisions of sub-article (3) and of article 52 shall apply. If the

Authority disagrees with the Minister ’s proposal or with his

position statement, it shall prepare its position statement indicating

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

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

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

include the Authority’s position statement.

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

Environment and Development the Authority shall carry out

surveys of those matters which affect the character and quality of

the environment, its conservation and its development, including,

but not limited to

(a) demographic considerations;

(b) the agricultural, industrial, commercial, touristic and

other existing and, or projected economic activities of

the country including the employment patterns arising

therefrom;

(c) leisure and recreation;

(d) social and community services and facilities;

(e) communications, traffic and transport;

(f) public utility services;

(g) the conservation and preservation of natural and man-

made resources;

(h) the state of the environment report, nitrate vulnerable

zone mapping, flood sensitivity mapping, other issues

emanating from water, air quality and waste

framework regulations;

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

Government or which may be deemed necessary by the

Authority.

ENVIRONMENT AND DEVELOPMENT PLANNING

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

Environment and Development, the Authority shall have regard to

(a)

the current economic policies affecting development;

(b)

the current social policies affecting development;

(c)

the environmental policies affecting development;

(d)

the policies of the Government with respect to the

matters set out in sub-article (5);

(e) the resources likely to be available for the

implementation of the plan;

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

best use for a given area of land or sea.

(7) During the preparation or review of the Strategic Plan for

the Environment and Development the Authority shall make known

to the public the matters it intends to take into consideration and

shall provide adequate opportunities for individuals and

organisations to make representations to the Authority.

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

and Development which is necessitated by the adoption of or an

amendment to a subsidiary plan need not comply with the

provisions of sub-articles (5) and (6) if the matters referred to

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

carried out in the preparation of the subsidiary plan.

(1) When the Strategic Plan for the Environment and

Development or a review thereof has been completed, the

Authority shall publish the plan together with a statement of the

representations it has received and the responses it has made to

those representations.

(2) The Authority shall invite representations on the plan to be

submitted to it within a specified period of not less than six weeks.

(3) The Strategic Plan for the Environment and Development,

or any review thereof, together with all representations made to the

Authority, shall, as soon as practicable, after the expiry of the

period specified in sub-article (2), be referred to the Minister.

(4) The Minister may refer back the Strategic Plan for the

Environment and Development, or review thereof to the Authority

where he does not agree with the Strategic Plan for the

Environment and Development, or any review thereof and he shall

prepare a position statement stating the changes he proposes to it or

his reactions to the Strategic Plan for the Environment and

Development, or review thereof.

(5) Where the Strategic Plan for the Environment and

Development, or any review thereof, has been referred back to the

Authority, the same procedure as far as practicable shall be

followed with respect to any further draft prepared and published

by the Authority, except that reference back to the Authority shall

not be made more than once.

ENVIRONMENT AND DEVELOPMENT PLANNING

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

foregoing provisions, the Strategic Plan for the Environment and

Development, and any review thereof, shall be considered by the

Cabinet of Ministers together with the Minister ’s position

statement and the representations made with respect to the plan or

its review.

(2) Subject to article 34(2)(a), (3) and (4), the Minister shall

then cause the Strategic Plan for the Environment and

Development, or a review thereof as originally prepared, or as

revised, by the Authority, together with the Minister’s position

statement, to be laid before the House together with a motion for a

resolution that the Strategic Plan for the Environment and

Development, be approved by the House, with such amendments, if

any, as may be specified in the resolution.

(3) The Strategic Plan for the Environment and Development,

and any review thereof as approved by the House shall have effect

as from such date as may be specified for that purpose by the

Minister by order in the Gazette; and for the purposes of this Act,

other than those provisions relative to the preparation,

consideration and submission of the Strategic Plan for the

Environment and Development, or its review, the expression

Strategic Plan for the Environment and Development and any

reference to a review thereof means the Strategic Plan for the

Environment and Development, and any review thereof, as

approved by the House of Representatives.

3. Subsidiary Plans and Policies

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(1) An action plan or a management plan is made by the

Authority for an area where the Authority considers that it has to

pay particular attention in order to better manage it or where

special factors have to be taken into account which otherwise

cannot be taken.

(2)

An action plan may form part, or be the whole of, a local

plan.

(3) In addition to the information required to be contained in a

local plan, an action plan made in terms of sub-article (1)(b) shall

also show the land which is in public ownership and the land which

is intended to be brought into public ownership.

(1) Where the Authority considers that for the proper and

effective management and protection of the environment and of

development or for the proper protection and development of land

and sea it is necessary to prepare more detailed policies or plans

and guidance other than those already contained in a plan or policy,

the Authority may prepare and adopt such policies or plans as it

considers appropriate subject to the provisions of this article.

(2)

Such policies or plans shall be in a form which the

ENVIRONMENT AND DEVELOPMENT PLANNING

Authority considers appropriate to the subject matter, and may be

supported by such documents, assessments, maps, diagrams,

drawings and illustrations as may be considered necessary by the

(3) When the Authority adopts a policy or plan (be it a new

policy or plan or a revision of an existing policy or plan), it shall

refer it to the Minister for his approval and t he procedure

mentioned in article 58(2) shall mutatis mutandis apply.

(1) In the preparation or review of a subsidiary plan or

policy, the procedure set out in this article shall be followed with

respect to the said plan or policy.

(2) Where the Authority prepares a subsidiary plan or policy or

review thereof as aforesaid, it shall seek the Minister’s approval in

terms of the following procedure

(a) during the preparation or review of a subsidiary plan

or policy, the Authority shall make known to the

public the matters it intends to take into consideration

and shall provide adequate opportunities for

individuals and organisations to make representations

to the Authority;

(b) when the subsidiary plan or policy or a revision

thereof has been prepared, the Authority shall publish

the plan or policy together with a statement of the

representations it has received and the responses it has

made to those representations. The Authority shall

invite representations on the plan or policy to be

submitted to it within a specified period of not less

than six weeks; where in such a subsidiary plan or

revision thereof it is proposed that any land be

excluded from a development boundary as indicated in

a local plan, the Authority shall publish in the Gazette

and in two local daily newspapers a notice showing the

land that is to be excluded

Provided that where minor modifications not affecting

the substance of a planning policy are being proposed,

the said period shall be a period of not less than three

weeks;

(c) the Authority shall adopt the subsidiary plan or policy

after taking into consideration all the representations

submitted to it as aforesaid;

(d) the Authority shall refer the subsidiary plan or policy

to the Minister. It shall also forward to the Minister

(i) the statement of representations;

(ii) the responses and amendments it has made as a

result of those representations;

(iii) a precise indication of all other amendments it

has made to the plan or policy; and

(iv) all the relative documentation and studies in

relation to the preparation of the subsidiary plan;

ENVIRONMENT AND DEVELOPMENT PLANNING

(e) the Authority shall also publish the plan or policy and

invite representations on the matters indicated in

paragraph (d)(iii) to be submitted within a specified

period of not less than six weeks;

(f) the Authority shall adopt the subsidiary plan or policy

after taking into consideration all the representations

submitted to it as aforesaid and shall refer the

subsidiary plan or policy to the Minister for his

approval. It shall also forward to the Minister

(i) the statement of representations;

(ii) the responses and amendments it has made as a

result of those representations;

(g) where the Minister agrees with the subsidiary plan he

shall approve it as submitted by the Authority and the

Authority shall upon such approval publish the same

together

with

the

statements,

responses,

documentation and studies referred to in paragraphs

(d) and (f);

(h) where the Minister does not agree with the subsidiary

plan as adopted by the Authority in accordance with

paragraph (f), he shall prepare a position statement

stating his proposed changes or his reactions to the

Authority’s subsidiary plan and shall refer back the

subsidiary plan to the Authority together with his

position statement; where in such a subsidiary plan or

revision thereof it is proposed that any land be

excluded from a development boundary as indicated in

a local plan, the Authority shall publish in the Gazette

and in two local daily newspapers a notice showing the

land that is to be excluded;

(i) where the Authority does not agree with the Minister

following the referral back to it of the subsidiary plan

by the Minister, it shall draw up a position statement

and shall refer it back to the Minister;

(j) the Minister shall then issue a final position statement.

He shall forthwith communicate it to the Authority;

(k) the Authority shall forthwith amend the subsidiary

plan in accordance with the Minister’s final position

statement and submit the same for the Minister’s final

approval;

(l) Upon such approval by the Minister, the Authority

shall publish the subsidiary plan together with its own

position statements and those of the Minister together

with the advice of the Tribunal given in terms of

paragraph (n), if any, and together with the statements,

responses, documentation and studies referred to in the

preceding paragraphs;

(m) * where the subsidiary plan or any part thereof extends

*this paragraph is not yet in force.

ENVIRONMENT AND DEVELOPMENT PLANNING

the scope of or is in conflict with the Strategic Plan for

the Environment and Development, the Minister shall

comply with the provisions of articles 51 to 53 with

regard to such subsidiary plan or any part thereof,

provided that those parts of the subsidiary plan that do

not extend the scope of or are not in conflict with the

Strategic Plan for the Environment and Development

shall come into force on the date of approval by the

Minister;

(n) * if doubt arises as to which procedure should be

followed in respect of a subsidiary plan or as to

whether a subsidiary plan or a position statement

extend the scope of, or are in conflict with, the

substance of the structure plan, the matter may be

referred at any time by the Authority or by the

Minister to the Tribunal, provided that where the

Authority is of the opinion that the Minister’s final

position statement extends the scope of or is in conflict

with the substance of the Strategic Plan for the

Environment and Development, it may refer the matter

to the Tribunal within one month from the date of

receipt of the Minister’s final position statement. The

Tribunal shall rule within one month from the date of

referral to it of the matter as to which procedure shall

apply and the decision of the Board shall be final.

† (1) Every subsidiary plan or policy shall be reviewed as

frequently as may be necessary or as may be made necessary by a

review of the structure plan

Provided that subject to the provisions of sub-article (3), a

local plan may not be reviewed before the lapse of two years from

its last review unless such review is necessitated by a review of the

structure plan

Provided further that in the case of a partial review of the

local plan, the above-mentioned two-year moratorium shall only

apply to that part of the plan forming part of the partial review.

(2) Where as a result of such a review the Authority proposes

to alter a plan or policy in any significant respect, or where it is

proposed that a plan or policy be withdrawn, any such proposal

shall be subject to the same procedures, and shall be treated, as a

new plan or policy.

(3) Minor modifications not affecting the substance of a local

plan may be carried out by the Authority at any time either on its

own motion when it considers to do so in the interests of proper

planning of the area or following a minor modifications application

submitted to it by any person. Modifications shall not be

considered to be minor when they would alter the general thrust of

the plan or affect a development boundary indicated in a local plan.

(4)

For the purpose of sub-article (3), the following shall be

*this paragraph is not yet in force.

†this article is not yet in force.

ENVIRONMENT AND DEVELOPMENT PLANNING

considered to constitute minor modifications

(a) changes in the alignment of roads and buildings in a

local plan; and

(b) changes in zoning, other than

(i) changes in height limitations; and

(ii) changes in zoning of a site which is not

designated for the purpose of development.

(5) Where the Authority is considering a minor modification in

terms of sub-article (4)(a), the provisions of article 68 shall apply

mutatis mutandis to such a modification.

(6) Where the Authority is considering a minor modification in

terms of sub-article (4)(b), it shall follow the following procedure

(a) where the proposal for such a minor modification

originates from the Authority itself, it shall comply

with the provisions of article 58(2);

(b) where the proposal for such a minor modification

originates in a minor modifications application, the

Authority shall publish such proposal and invite

representations on the said application within a

specified period of not less than six weeks. The

Authority shall then decide the application after taking

into consideration all representations submitted to it.

The provisions of article 49(4) and (5) shall also apply.

(7) No appeal from a decision concerning

a

minor

modifications application shall lie to the Tribunal.

4. Regulations and Orders

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

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

Minister after consultation with the Authority and except for

regulations under article 61(2)(a), (b) and (u) and in the cases

referred to in 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 four weeks to make

representations to the Minister or to the Authority or to both stating

how in his opinion the proposed regulations could be improved to

reach their ultimate aim.

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

with the Authority and with regard to the publication of a draft of

the regulations for public consultation shall not apply in respect to

any regulations, which the Minister declares to be urgent or when a

form of public consultation was carried out before the date of

coming into force of this Act.

(3)

Any person may, in the circumstances referred to in sub-

ENVIRONMENT AND DEVELOPMENT PLANNING

article (1) in respect of draft regulations, not later than six weeks

after the promulgation of any regulations made in accordance with

sub-article (2) make submissions to the Minister and, or to the

Authority stating why and how the regulations should be revoked

or amended.

(4) The Authority shall consider any representations made to it

under sub-articles (1) and (3) and shall report thereon, after hearing

such persons or taking such expert advice as it considers expedient,

to the Minister together with any other views it may have on the

draft published under sub-article (1) or the regulations made under

sub-article (2), and the Minister may, upon receipt of the report by

the Authority and any representations received by him, proceed to

revise the draft regulations and to promulgate such regulations in

accordance with such revision, or to amend any regulations already

promulgated; provided that where the Authority has not after the

lapse of four weeks after the end of the period for representation

referred to in sub-article (1) has elapsed, not made the report or has

not given its views to the Minister, the Minister may proceed to

promulgate the regulations contained in the draft with or without

changes as he may deem expedient, without prejudice to the

possibility of making any changes upon the receipt of such report

and views when made.

(5) When the Minister makes regulations concerning the

procedure before the Authority or any board, commission or other

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

or such board, commission or body

Provided that regulations concerning the procedure before

the Court of Appeal and appeals before it under this Act shall be

made by the Minister responsible for Justice who shall not be

required to consult with the Authority

Provided further that regulations concerning the

establishment or variation of any fee shall be made by the Minister

with the concurrence of the Minister responsible for finance.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(1) The Minister shall, in consultation with the Authority,

by regulations under this article provide that members of the public

or such categories of persons as may be prescribed shall be entitled

to request from such Government departments, authorities, public

corporations or other persons as may be prescribed such

information that they may have in their possession and relating to

the environment and development planning. Without prejudice to

the generality of the foregoing, such regulations may prescribe

(a) the nature of the information that may be requested;

(b) the circumstances in which such information may be

requested;

(c) the circumstances in which such information may be

withheld by the requested entity and the publication of

the reasons for which such information is withheld;

(d) the fees that may be charged in respect of any such

ENVIRONMENT AND DEVELOPMENT PLANNING

information; and

(e) the time 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 a licence or development

permission received by it containing the name of the

applicant and details of the proposal including

documents and detailed plans; and

(b) of all decisions including documents and detailed

plans made on such applications.

5. Environment and Development Brief

(1) An Environment and Development Brief is a document

setting out detailed planning guidance for the development of a

specific site or small area where the Authority, either of its own

motion, or at the request of an applicant, considers such guidance is

necessary to secure proper and orderly environmental management

or development of that site or area, or to implement a policy or

policies in a plan.

(2) A brief shall consist of a written statement supported by

such maps and diagrams as may be considered necessary.

(3) A brief shall contain guidance and information on the

following matters as may be considered necessary

(a) a description of the site and its location;

(b) guidelines on the development of the site, including

(i) land uses and site layout,

(ii) building form, heights and design,

(iii) any building and landscape features to be

retained,

(iv) access, parking and circulation requirements,

(v) landscaping and nature conservation aspects;

(c) environmental matters and constraints including the

necessity of any environmental assessment;

(d) tenure of the site;

(e) services and infrastructure;

(f) the format and content of submission requirements;

(g) any other information which may be relevant to the

site and to the purpose of the development brief.

(4) The Minister may, after consultation with the Authority,

make regulations to give better effect to the provisions of this

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

may

(a) establish the procedure to be followed by an authority

in its consideration and determination of the Brief;

ENVIRONMENT AND DEVELOPMENT PLANNING

(b) prescribe those matters on which a brief may be

prepared;

(c) prescribe a tariff of fees.

PART V

Environment Protection and Development Control

1. Requirement of licences and permission

No person shall carry out any of the following activities

unless he is in possession of a licence from the Authority

(a) in relation to biodiversity

(i) for whatever purpose, trade in, sell, buy,

exchange, transfer or dispose, transport, import,

export or re-export such specimens of flora or

fauna, as may be prescribed whether dead or

alive in whole or in part, including any

derivatives thereof;

(ii) have such specimens of flora or fauna as may be

prescribed in transit;

(iii) have in his possession such specimens of flora

or fauna as may be prescribed;

(iv) handle such specimens of flora and fauna as may

be prescribed, in any manner including the

ringing and tagging thereof;

(v) mount/stuff, trap, shoot or capture such

specimens of fauna as may be prescribed;

(vi) deliberately pick, collect, cut, destroy, kill,

pursue, take, damage, capture such specimens of

flora or fauna as may be prescribed;

(vii) uproot, fell, prune or carry out any surgical

interventions on such specimens of flora as may

be prescribed;

(viii) use prohibited means of capture and killing as

may be prescribed;

(ix) manage invasive and alien species as may be

prescribed;

(x) introduce or reintroduce species as may be

prescribed;

(xi) carry out activities in protected areas considered

to have an effect on biological diversity and the

integrity of the site;

(xii) carry out any activity which goes counter to the

principles of ecological restoration or species

and protected area management, as may be

prescribed, including but not limited to

1. activities which are expected to cause

permanent alterations to the protected

area,

2. afforestation or planting,

ENVIRONMENT AND DEVELOPMENT PLANNING

3. activities expected to generate noise and

light,

4. activities involving fires/fireworks,

5. activities considered to have an effect on

biological diversity,

6. off-roading activities or events;

(xiii) modify, endanger the stability of or demolish

rural structures affording a habitat for flora and

fauna as may be prescribed;

(xiv) manage biological diversity as may be

prescribed;

(b) in relation to waste management

(i) store, treat, collect, transfer, recover or

otherwise manage or handle such waste as may

be prescribed;

(ii) act as broker for the carrying out of the

functions mentioned in sub-paragraph (i);

(iii) trade in, import or export waste;

(iv) have such waste as may be prescribed in transit;

(v) operate waste management facilities;

(c) in relation to pollution control, conduct operations that

discharge or cause or permit to be discharged such

substance or energy as may be prescribed into the

environment;

(d) in relation to genetically modified organisms

(i) trade in genetically modified organisms;

(ii) manage or otherwise have in his possession

genetically modified organisms;

(e) in relation to any other activity as may be prescribed

by regulations.

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

following provisions of this Part, no development shall be carried

out except with development permission.

(2) For the purposes of this article, and, unless the context

otherwise requires, for all other purposes in this Act,

"development" means the carrying out of building, engineering,

quarrying, mining or other operations for the construction,

demolition or alterations in, on, over, or under any land or the sea,

the placing of advertisements, or the making of any material

change in use of land or building other than

(a) maintenance operations, which affect only the interior

of a building or do not materially affect the external

appearance of the building

Provided that such maintenance works are not contrary

to any order made under this Act in relation to the

building

Provided further that maintenance operations shall not

ENVIRONMENT AND DEVELOPMENT PLANNING

include demolition and rebuilding works, irrespective

of where such demolition and rebuilding works are

carried out;

(b) the use of land for agriculture, animal husbandry and

forestry (including afforestation), except where such

use consists of

(i) the erection of buildings or amounts to intensive

raising of crops or animals; or

(ii) the reclamation of land for agriculture by the

deposit of material on such land; or

(iii) the conversion to agricultural use of land which

is not currently used for agricultural purposes;

and

(c) in the case of buildings or other land that are used for a

purpose of any class specified in an order made by the

Authority under this Act, the use thereof for any other

purpose of the same Class.

(3)

For the purpose of this article

(a) the use of a building resulting in an increase or a

reduction in the number of dwelling units in which the

building was previously used; or

(b) the deposit of materials on land; or

(c) the use for the display of advertisements of any

external part of a building that is not normally used for

the purpose,

involves a material change in the use of that building or land, or

part thereof, without prejudice, in the case of advertisements, to

any regulations or order made under this Act with respect to their

(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.

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(1) In its determination upon an application the Authority

(a) with respect to an application for a development

permission apply the following

(i) plans

Provided that the height limitation may only be

modified by applying a policy which deals with

the maximum building height which may be

permitted on a site, which policy may take into

consideration the site coverage, the building

volume which may be permitted on a site or any

other material consideration;

ENVIRONMENT AND DEVELOPMENT PLANNING

(ii) policies

Provided that subsidiary plans and policies shall

not be applied retroactively so as to adversely

affect vested rights arising from a valid

development permission;

(b) with respect to any other application apply such plans,

policies and regulations issued under this Act as it may

deem relevant and appropriate.

(2) In its determination upon an application the Authority shall

also have regard to

(a) any other material consideration, including,

environmental, aesthetic and sanitary considerations,

which the Authority may deem relevant

Provided that no such material consideration including

commitment from other buildings in the surroundings

may be interpreted or used to increase the height

limitation set out in a plan;

(b) representations made in response to the publication of

the development proposal.

(3) The Authority shall have power to grant or to refuse a

licence or development permission, and in granting such licence or

permission the Authority shall be entitled to impose such condition

which it may deem appropriate

Provided that upon a refusal or the imposition of particular

conditions, the Authority shall give specific reasons based on

existing plans, policies and regulations or other material

considerations for such refusal or for any particular conditions that

may have been imposed

Provided further that the execution and validity of a permit

in case of a development mentioned in the Seventh Schedule shall

be automatically suspended and no works as approved by the said

development permit may commence before the lapse of the time

period established in paragraph (1) of the Second Schedule, and

shall remain so suspended until the Tribunal appoints its first

hearing on an appeal from such a permit, if any, under the

provisions of article 41(3), and this without prejudice to the

provisions of article 41(3).

(4) A licence or a development permission may be granted for

a limited period or in perpetuity, but shall in all cases cease to be

operative if activity or development has not been completed within

five years of its issue, provided that the Authority may, on the

application of the person holding the licence or development

permission, extend the said licence or permission to such further

period or periods as it may consider reasonable.

(5) In granting a licence or development permission, the

Authority may require the activity or development to be completed

within a specified period of time as it may establish provided that

the Authority shall state the reasons justifying such requirement.

(6)

Except as may be otherwise provided in the permission, a

ENVIRONMENT AND DEVELOPMENT PLANNING

development permission shall ensure for the benefit of the land and

for all persons for the time being interested therein, but without

prejudice to the other provisions of this Act affecting its validity or

operation. The permission shall automatically pass on to new

owners.

(7) In granting a licence or development permission, the

Authority may require the applicant to carry out the activity or

development in stages. The Authority shall inform the applicant in

the said licence or permission which are the said stages and,

following the completion of each stage, the applicant shall request

the Authority to carry out an inspection of the activity or works

carried out; and, if following such an inspection, it is found that the

activity or works have been carried out in terms of the licence or

development permission, the Authority shall authorize the

applicant to carry out the next stage of the activity or development.

(8) Where the Authority, in the case of major projects,

considers it appropriate to closely monitor specific conditions in a

licence or development permission by appointing a person

competent for the said purpose, it shall do so at the expense of the

applicant.

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

application to develop land consists in the mining of minerals the

Authority may, and, where planning and environmental standards

so require, shall, require the applicant to provide a scheme for the

treatment of the working and surrounding areas during the working

period and for the treatment of the said areas when working is

completed.

(10) The Authority shall not grant permission for the mining of

minerals unless it is satisfied that planning and environmental

standards will be met and the site will be kept and eventually left in

acceptable conditions.

(11) Where the Authority has required a scheme to be submitted

as provided in sub-article (1), the scheme, as accepted by the

Authority, shall be made a condition of any permission granted by

it; and the Authority shall further require such guarantees to be

given by the applicant as it deems necessary to ensure that the

scheme will be adhered to.

(1) In any case in which the Authority may under this Act

grant permission to develop land, other than in the case of a

development listed in the Sixth Schedule, it may grant permission

for the retention on land of any buildings or works constructed or

carried out thereon, or for the continuance of any use of land,

without permission under this Act or after such permission has

ceased to be valid or operative; and references in this Act to

permission to develop land or carry out any development on land,

and to applications for such permission, shall be construed

accordingly

Provided that any application or permission under this sub-

article shall not be processed or granted unless the applicant or his

predecessor in title has

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(a) forthwith upon being required so to do, ceased to carry

out any works he was required to interrupt; and

(b) paid such fines or made such other payments as may

be due on the site subject of the application.

(2) A permission under this article may be granted so as to take

effect from the date on which the buildings or works were

constructed or carried out or the use was commenced, or from the

date the development permission ceased to be valid or operative, as

the case may be.

(3) A development permission may specify the purposes for

which a building may be used; and if no purpose is specified the

permission shall be construed as including permission to use the

building for the purpose for which it is designed.

(4) Where a development permission is given for a limited

period only, nothing in this Act shall be construed as requiring

permission to be obtained thereunder for the resumption, at the

expiration of that period, of the use of the land for the purpose for

which it was normally used before the permission was granted, but

no account shall be taken of any use made in contravention of this

Act.

(5) The Authority may, prior to the issue of or in issuing a

development permission or licence, demand from the person in

whose favour the permission or licence will be issued, as a

condition for the issue of the development permission or licence, to

provide a bond in favour of the Authority in order to guarantee

compliance with the conditions of the permission or licence once

issued, or in order to guarantee payment in respect of damages

which may be caused to the environment or to the infrastructure.

The Authority may, after the issue of a development permission or

licence, if the development or activity is not being carried out in

accordance with the permission or licence, or is otherwise causing

damage to the environment or the infrastructure, demand the said

person in whose favour the permission or licence has been issued,

as a condition for the continuance of the development permission

or licence, to provide a bond in favour of the Authority in order to

guarantee compliance with the conditions of the permission or

licence, or in order to guarantee payment in respect of damages

which may be caused to the environment or to the infrastructure

Provided that nothing in this sub-article shall be interpreted

as authorizing the Authority to demand a bond in an amount not

commensurate with the nature of the development project or

activity

Provided further that such a bond may only be forfeited by

the Authority if there is clear evidence that the applicant has not

complied with the conditions of the development permission or

licence and the reasons for forfeiting the bond shall be

communicated in writing to the applicant.

(1) Decisions on applications shall be taken without delay.

(2) The Minister may, after consultation with the Authority,

make regulations to give better effect to the provisions of this

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

may

(a) establish the procedures to be used by the Authority

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 Authority shall not delegate to the Commission or to

any other body or person the determination of the following

applications

(a) applications in respect of an activity or development

of a national or strategic significance or affecting

matters of national security or other national interests;

(b) applications in respect of and activity or development

which could affect the interests of other governments;

(c) applications in respect of development which is

subject to an environmental impact statement;

(d) requests for reconsideration where the decision to be

reconsidered was taken by the Authority itself.

(1) If an applicant considers that conditions imposed upon

a licence or a development permission is unreasonable, he may,

without prejudice to his right of appeal, request the Authority or

the Commission, as the case may be, to reconsider such conditions.

(2) A request for a reconsideration shall be made within thirty

days from notification of the decision of the Authority or of the

Commission, as the case may be, and may not be made

concurrently with an appeal. The request for a reconsideration shall

include a written document containing the reasons for such a

request.

(3) The Authority shall inform the registered interested parties

where a request for a reconsideration has been filed and the

registered interested party shall be notified of the Authority’s

sitting when such a request for a reconsideration shall be discussed.

(4) No reconsideration may be demanded by a registered

interested party, even if such interested party has made written

objections in accordance with the provisions of article 68(4).

(1) If an applicant considers that the conditions imposed

upon a licence or a development permission, or a refusal of such an

authorisation or permission, is unreasonable, he may lodge an

appeal with the Tribunal under article 41. An appeal under this sub-

article, shall be made within thirty days of notification of the

decision of the Authority or of the Commission, as the case may be.

The request for an appeal shall include a written document

containing the reasons for such a request.

ENVIRONMENT AND DEVELOPMENT PLANNING

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

a p p e a l m a y b e m a d e t o t h e Tr i b u n a l w i t h i n t h i r t y d a y s o f

notification of the decision taken in the reconsideration.

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

interested third party from any decision of the Authority referred to

in 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

application to the Cabinet of Ministers for determination. Where

the Minister does not decide to refer an application to the Cabinet

of Ministers as aforesaid within the said period, it shall be deemed

for all purposes and effects of law that he has opted to refer the said

appeal to the Tribunal for its decision.

(2) The Minister may refer to the Cabinet of Ministers

applications called in by him in terms of sub-article (1) where such

applications are

(a) applications in respect of development which appears

to him to be of a strategic significance;

(b) applications in respect of development which appears

to him to affect matters of national security or national

interests;

(c) applications in respect of development which appears

to him likely to affect the interests of other

governments;

(d) applications in respect of development which is

subject to an environmental impact assessment and

which in his opinion is of national interest;

(e) applications in respect of which the applicant is a

department of Government or a body corporate

established by law.

(3) Where the Minister decides to refer to the Cabinet of

Ministers an application called in by him, he shall request the

Tribunal to draw up its recommendation on that application after

h a v i n g h e a r d t h e p a r t i e s a n d t h e Tr i b u n a l s h a l l s e n d i t s

recommendation on that particular application to the Minister who

shall refer it to the Cabinet of Ministers. Such recommendation

shall be available to the public.

(4) The Cabinet Secretary shall, within fifteen days from the

date of such decision, communicate the decision of the Cabinet of

Ministers to the Authority together with the reasons in justification

thereof and the Authority shall comply therewith, publish the

decision of the Cabinet of Ministers in such manner as it may deem

fit or as it may be prescribed and shall communicate the decision of

the Cabinet of Ministers to the parties within fifteen days from the

receipt of such decision.

ENVIRONMENT AND DEVELOPMENT PLANNING

(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

i n t e r e s t e d p a r t y, w h i c h m a y i n c l u d e a n o n - g o v e r n m e n t a l

organization 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 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 Tariff E

in Schedule A to the Code of Organization 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 organization having as one of its

purposes the promotion of environmental protection 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) An environment and planning obligation may be

entered into in those cases where the Authority, in connection with

a grant of a licence or development permission, seeks to impose on

the applicant an obligation

(a) to carry out an activity or works

(i) on the land in respect of which development

permission is sought, or

(ii) on any other land or area, or

(iii) on the land or area mentioned in both

subparagraphs (i) and (ii); or

(b) to make some payment or confer some extraneous

right or benefit, where the Authority considers it to be

more appropriate. The Authority shall seek to obtain

these benefits or gains by means of conditions attached

to a grant of the licence or development permission or

by means of an environment and planning obligation

entered into by a public deed made by the applicant for

the licence or development permission with the

Authority.

(2)

Any person may, by agreement with the Authority, enter

ENVIRONMENT AND DEVELOPMENT PLANNING

into an environment and planning obligation

(a) restricting the development or use of that land in any

specified way;

(b) requiring specified operations or activities to be

carried out, in, on, under or over that land or area;

(c) requiring that land or area to be used in any specified

way; or

(d) requiring a sum or sums to be paid to the Authority on

a specified date or dates or periodically.

(3) The Minister may, in consultation with the Authority, make

regulations for giving better effect to the provisions of this article

and may, without prejudice to the generality of the foregoing

(a) prescribe the procedure how an environment and

planning obligation may be entered into, enforced,

modified and discharged;

(b) establish any restrictions, conditions or the payment of

any sums of money which may be imposed in such an

environment and planning obligations; and

(c) regulate appeals to the Tribunal made in terms of sub-

article (4).

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

to the Tribunal from a planning obligation entered into in terms of

sub-article (1).

2. Revocation or modification of permission,

licence or authorisation and Discontinuance or removal orders

(1) The Authority or the Tribunal may, only in the cases of

fraud or where public safety is concerned or where there is an error

on the face of the record, by a decision revoke or modify any

licence or development permission granted under this Act,

including any clearance issued by the Authority under an Order,

stating in such decision its reasons for so doing; and, prior to

deciding to revoke or modify a licence or development permission

in terms of this sub-article, the Authority or the Tribunal, as the

case may be, shall inform the person who will be affected by its

decision of the date and time of its meeting where the Authority or

the Tribunal shall also hear the said person’s submissions if the

latter opts to attend, and any other person’s submissions

Provided that the Authority or the Tribunal may in relation

to any licence or development permission, including any clearance

issued by the Authority under an Order, issued after the date of

coming into force of this Act commence proceedings to revoke or

modify any such licence or development permission, including any

clearance issued by the Authority under an Order, within five years

from the date of issuing of the licence or development permission,

including any clearance issued by the Authority under an Order.

(2)

For the purposes of sub-article (1)

"fraud" means the submission to the Authority of any

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

ENVIRONMENT AND DEVELOPMENT PLANNING

has approved a licence or development permission, where such

information, declaration or plan is false, misleading or incorrect,

irrespective of whether such deceit is the result of a wilful or

negligent act

Provided that the Authority shall not revoke or modify a licence

or development permission on the basis of fraud where the

fraudulent information did not have a material bearing on the

issuing of the licence or development permission; and

"error on the face of the record" means an error on the face of a

record which offends against the law.

(3) The applicant shall, if the decision is taken by the

Authority, have a right to appeal the Authority’s decision to the

Tribunal within thirty days from the date of service of a revocation

decision or a modification decision.

(4) No compensation shall be payable by the Authority when it

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

revocation or a modification of a licence or development

permission is based on fraud or error of law on the face of the

(5) Where the reason for revocation or modification of a

licence or development permission is public safety, the following

rules shall apply

(a) any demolition or other work that may be necessary

for compliance with the order shall be carried out by,

or at the expense of, the Authority;

(b) if on a claim made to the Authority within twelve

months of the date of the revocation decision or the

modification decision, it is shown that any person

interested in the land has incurred expenditure that is

rendered useless by the revocation or modification, or

has otherwise sustained loss or damage that is directly

attributable to the revocation or modification, the

Authority shall, subject to paragraph (c), pay to that

person compensation in respect of that expenditure,

loss or damage;

(c) no compensation shall be payable under this article

(i) in respect of loss or damage consisting of the

depreciation in value of any interest in the land

by virtue of the revocation or modification,

(ii) in respect of any work carried out before the

grant of the licence or permission that is revoked

or modified, or in respect of any other loss or

damage arising out of anything done or omitted

to be done before the grant of that licence or

permission;

(d) where compensation is payable under this article in

respect of expenditure incurred in carrying out any

work on land, if the competent authority under the

Land Acquisition (Public Purposes) Ordinance

acquires any interest in that land, any compensation

ENVIRONMENT AND DEVELOPMENT PLANNING

payable in respect of the acquisition of that interest

shall be reduced by an amount equal to the value of the

works in respect of which compensation is payable

under this article.

(1) The Authority may, having regard to the provisions of

this Act, regulations, plans, policies and to other material

considerations, by notice served on the owner or occupier of any

land, require any existing use or activity or any works to be

discontinued or any building, plant, equipment or other thing

whatsoever to be removed from any land, or requiring both such

discontinuance and removal.

(2) Where a discontinuance or removal order is made in respect

of an activity, works or use, or of a building, plant, equipment or

other thing lawfully carried on or in existence on the land

mentioned in the notice the Authority shall be liable to pay

compensation for any losses sustained as a result of the notice

Provided that any benefits derived from the same notice

shall be offset against the losses aforesaid

Provided further that no such compensation is due if the

authorisation or permission itself allows the Authority to request

the discontinuance of any existing use or activity or any works to

be discontinued or any building, plant, equipment or other thing

whatsoever to be removed from any land, or if such an order is

made by the Court.

3. Charges and contributions

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

respect of any permission to carry out development, to be known as

the Development Permission Fee, including any application

therefor, in accordance with a schedule of charges established by it

with the concurrence of the Minister and of the Minister

responsible for finance, taking account of the nature of the

development, the timing of the development in relation to the

planned phasing thereof, of the conditions attaching to the

permission and of any other relevant consideration.

(2) The Authority shall have power to levy a contribution

towards the cost of the infrastructure services and other services or

facilities arising from any permission to develop land, to be known

as the Infrastructure Service Contribution, from the person

applying for such permission or carrying out such development, in

accordance with such rates a s the Authority may, with t he

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

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Provided that with respect to contributions leviable by the

Authority on behalf of the Authority for Transport in Malta in

terms of article 20 of the Code of Police Laws, such regulations

shall be made with the concurrence of the Minister responsible for

the Authority for Transport in Malta and the Minister responsible

for finance, and such contributions leviable, as aforesaid shall,

notwithstanding anything contained in this Act, be paid by the

Authority to the Authority for Transport in Malta each year after a

deduction therefrom is made to cover the reasonable costs as may

be agreed between the two authorities incurred in the determination

and levying of the contributions.

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

of any other application for a licence or authorisation made to it.

(5) The schedule of charges and the rates of contributions

established under this article, as from time to time in force, shall be

published as regulations and shall have effect as so published.

(6) The charges and contributions levied under sub-articles (1)

and (2) shall be collectively known as the "building levy".

No licence or development permission shall be granted, and

no activity or development authorised by an order shall be carried

out, unless and until any fee or contribution payable under article

79 has been paid to and received by the Authority; and any activity

or works carried out without such payment having been made and

received shall be deemed to be an activity or development carried

out without the permission of the Authority.

4. Scheduling and Conservation

(1) The Authority shall prepare, and from time to time

review, a list of areas, buildings, structures and remains of

geological, palaeontological, cultural, archaeological, architectural,

historical, antiquarian, or artistic or landscape importance, as well

a s a r e a s o f n a t u r a l b e a u t y, e c o l o g i c a l o r s c i e n t i f i c v a l u e

(hereinafter referred to as "scheduled property") which are to be

scheduled for conservation and may in respect of all or any one or

more of the scheduled property make conservation orders to

regulate their conservation

Provided that upon the issue of a conservation order the

owner shall have the right to immediate access at reasonable times

to all documentation of the Authority concerning the said order for

the purpose of studying the relative findings and considerations and

the owner may contest the said decision in writing with the

Authority within thirty days from the date when the order is

notified to him or is published in the Gazette, whichever is the

later.

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

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

local newspaper. The Authority shall also notify any one of the

owners of any property subject of a conservation order of the fact

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

respect to it. Notice of such conservation order shall also be affixed

on site. If none of such owners is known, or if it is not reasonably

ENVIRONMENT AND DEVELOPMENT PLANNING

possible to effect service on such owners, the said notice shall only

be affixed on site and no service on such owners as aforesaid need

be made. Notice of such conservation order shall be registered in an

index held for that purpose which identifies the property subject to

that order. The said index shall be held in an electronic form in

such a way that researches to determine whether a property is

subject to such an order may be carried out. The Authority shall

keep a copy of the said index in the office of the Land Registry and

shall issue a certificate which indicates whether a particular

property is subject to the said order on the payment of such fee as

may be prescribed.

(3) Where the Authority has scheduled property in terms of this

article, it shall register the said property in the index mentioned in

sub-article (2) indicating the said property as having been

scheduled, and the provisions of the said sub-article concerning the

indexing of conservation orders shall mutatis mutandis apply. The

list of scheduled property, and any additions or amendments

thereto, shall be published in the Gazette and in a local newspaper.

The Authority shall also notify any one of the owners of the

scheduled property of the fact of its inclusion in the list. A notice

of the said scheduling shall also be affixed on site. If none of such

owners is known, or if it is not reasonably possible to effect service

on such owners, the said notice shall only be affixed on site and no

service on such owners as aforesaid need be made.

(4) For the purposes of 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 a conservation order.

(6) No works of any description shall be carried out in or on

any scheduled property and no scheduled property shall be

demolished, altered or extended except with the permission of the

Authority granted on an application made to it and giving such

details as the Authority may require or in accordance with the

provisions of a conservation order; and for the purpose of this

article, damage to or destruction of any part of a scheduled

property shall be deemed to be a demolition thereof.

(7) A permission of the Authority and a conservation order

granted or made under this article may contain such conditions and

other provisions as the Authority may deem necessary or

expedient; and a conservation order may regulate any matter

affecting scheduled property.

(8) In respect of any scheduled property, the Authority shall

also have power to require the owner, by notice in writing, to

undertake such works generally, or as may be specified in the

notice, as may be necessary to ensure that no further deterioration

occurs. In default, the Authority may give a further notice to the

owner to carry out and complete the works within a specified time,

ENVIRONMENT AND DEVELOPMENT PLANNING

and if the owner is still in default it may itself carry out, or cause to

be carried out, the necessary works and recover the cost thereof

from the owner of the scheduled property.

(9) If any scheduled property is demolished in contravention of

any of the provisions of this article then, in addition to any penalty

or other effect under this Act, every person convicted of such

offence shall be liable to pay compensation to the Authority

calculated on the basis of whichever is the highest of the following

(a) the value of the thing destroyed,

(b) the cost of restoration or repair,

(c) the financial benefit which could be achieved as a

consequence of the demolition.

(10) An owner of scheduled property has a right to demand the

reconsideration of any scheduling of his property. Such demand

shall be entered in writing with the Authority within thirty days of

notification or publication in the Gazette, whichever is the later, of

the scheduling and the Authority shall decide within three months

of receipt by it of the demand for reconsideration.

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

Authority under this article may appeal to the Tribunal for a

revocation or modification of such a decision.

(12) The Minister’s endorsement shall be sought when the

Authority deschedules a scheduled property or when it downgrades

the protection afforded to a scheduled property, and no such

descheduling or downgrading shall be valid before it is endorsed by

the Minister.

(13) When the Tribunal decides to deschedule a scheduled

property or to downgrade the protection afforded to a scheduled

property, the Tribunal shall seek the Minister’s endorsement and

the period for lodging an appeal from the Tribunal’s decision to the

Court of Appeal shall commence to run from the date in which the

Tribunal would have informed the appellant accordingly of the

Minister’s decision.

(14) Notwithstanding the provisions of article 41, an appeal to

the Tribunal from a scheduling of property or the issue of a

conservation order shall not stay the execution of such scheduling

or conservation order.

(1) If a property, site or area which is not scheduled or

protected under the provisions of this Act or any regulations made

thereunder, but which the Authority believes could have an

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

at risk of being demolished, damaged or destroyed, the Authority

may make an emergency conservation order and take such further

steps for the protection of such property, site or area as it may deem

necessary and the provisions of the proviso to article 81(1) shall

apply

Provided that in case of urgency the Chairman of the

Authority may make an emergency conservation order without the

need of consulting the other members of the Authority.

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(2) An emergency conservation order shall be published in the

Gazette and shall have effect immediately on its publication.

(3) An emergency conservation order shall, for a period of six

months from its publication in the Gazette, have the same effect as

the inclusion of the property to which it refers in the list of

scheduled property. It shall cease to have any effect on the

expiration of the period aforesaid.

(4) Notwithstanding the provisions of article 41, an appeal to

the Tribunal from an emergency conservation order shall not stay

the execution of such order.

PART VI

Powers of the Authority and Enforcement of Control

1. Right of Entry

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

2. Enforcement of Control

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016).

(Repealed by Legal Notice 107 of 2016, made under article

87 of Act I of 2016 and article 35 of Act VII of 2016);

(1) If it appears to the Authority that an activity is being

carried out without the grant of a permission or licence required

under this Act or that any conditions subject to which such

permission or licence was granted in respect of any such activity

are not being complied with or such activity is in contravention to

this Act or Regulations issued under this Act, the Authority may

issue stop orders to any such person carrying out such an activity

Provided that the Authority may issue a partial stop order

requiring work or activity to be stopped forthwith only in relation

to that part of the activity to which the order applies and not in

relation to the whole activity.

(2) If it appears to the Authority that any development is being

carried out without the grant of permission required under this Act,

or that any conditions subject to which such permission was

granted in respect of any development are not being complied with,

the Authority shall serve a stop notice on the owner of the land or

on the occupier of the land or on both, as the Authority deems most

expedient, requiring works or the development to be stopped

forthwith

Provided that the Authority may issue a partial stop notice

requiring work to be stopped forthwith only in relation to that part

of the development to which the notice applies and not in relation

to the whole development.

(3) A copy of the order or notice mentioned in sub-articles (1)

and (2) may also be served on any representative, builder,

contractor or workman on the site and the Authority may also affix

such notice in a prominent position at a point of entry onto the site.

ENVIRONMENT AND DEVELOPMENT PLANNING

(4) The Authority shall, in the case of a notice issued under

sub-article (2) also inform

(a) the local council in whose locality the land mentioned

in sub-article (2) is found;

(b) the perit responsible for the said works, if known, that

a stop notice as aforesaid has been issued by the

Authority

Provided that the non-compliance with the provisions of

this sub-article shall in no case invalidate any notice issued under

sub-articles (1) and (2).

(5) The Authority shall register all stop orders and notices and

all other enforcement notices in terms of this Act in the index

mentioned in article 81(2), and the provisions of the said article

concerning indexing of conservation orders shall mutatis mutandis

apply to stop and other enforcement notices in terms of this Act.

(6) Any order or notice made under this article shall contain a

detailed description of the infringements being alleged and where

applicable, a site plan indicating the land which is the subject of

such a notice shall be annexed thereto.

(7) If it appears to the Authority that any development of land

has been carried out after the coming into force of this Act without

the grant of permission required in that behalf under this Act, or

that any conditions subject to which such permission was granted

in respect of any development have not been complied with, the

Authority may, having regard to the provisions of development

plans, planning policies and any other material consideration, serve

on the owner of the land or on the occupier of the land or on both as

the Authority deems most expedient an enforcement notice and

shall inform the persons mentioned in sub-article (4) of such an

enforcement notice, requiring such steps as may be specified in the

notice to be taken within such time as may also be so specified for

restoring the land to its condition before the development took

place or for removing such development or for securing compliance

with the conditions aforesaid, as the case may be; and in particular,

but without prejudice to the generality of the aforesaid any such

notice may, for the purpose aforesaid, require the demolition or

alteration of any buildings or works, the discontinuance of any use

of land, or the carrying out on the land of any building or other

operations.

(8) An order or notice given under any of the foregoing

provisions of this article shall

(a) in respect of any requirement stopping or prohibiting

further activity, works or development or requiring the

cessation of a use, or in respect of any requirement of

the notice if the notice refers to development listed in

the Sixth Schedule or if the notice is issued under the

provisions of article 88(1) in relation to a development

situate on a site listed in the Sixth Schedule, or if the

notice is issued under the provisions of article 88(2),

take effect immediately upon service of the notice in

terms of sub-articles (1) and (2) notwithstanding that

ENVIRONMENT AND DEVELOPMENT PLANNING

an application for a licence or development permission

for the activity or development referred to in the order

or notice has been submitted or an appeal has been

lodged against the order or notice;

(b) in respect of any other requirement, shall take effect at

the expiration of such period (being not less than

fifteen days and not more than thirty days after service

thereof) as may be specified therein.

(9) When an application for development permission has been

submitted before the expiry of the period mentioned in sub-article

(8)(b) -

(a) for the retention on the land of any buildings or works

to which the enforcement notice relates; or

(b) for the continuance of any use of the land to which the

enforcement notice relates,

the operation of the notice, in respect of any requirement other than

a r e q u i r e m e n t s t o p p i n g o r p r o h i b i t i n g a n y f u r t h e r w o r k or

development, or requiring the cessation of a use, shall be

suspended pending the final determination of the application, and if

the permission applied for is granted on that application and comes

into operation, the enforcement notice shall cease to have effect

Provided that if the notice refers to development listed in

the Sixth Schedule, or if the notice is issued under the provisions of

article 88(1) in relation to a development situate on a site listed in

the Sixth Schedule or if the notice is issued under the provisions of

article 88(2), the operation of the notice shall not be suspended

pending the final determination of the application.

(10) Any application to regularise an activity or a development

shall be dismissed forthwith if a requirement in the order or notice

stopping or prohibiting further activity, work or development, or

requiring the cessation of a use, has not, both prior or during the

pendency of the application, been complied with or if any penalty

or other payment for which any person has become liable under this

Act in respect of the relevant activity or development has not been

paid or if the application is made to regularize a development listed

in the Sixth Schedule.

(11) The Authority may exercise its powers under article 90(1)

notwithstanding that a second or subsequent application intended to

regularize the illegal activity or development may have been filed

with the Authority concerning the same or part of the same activity

or site, irrespective of whether the said application is filed by the

same applicant or by another applicant.

(12) Any person who feels aggrieved by any order or notice

served on him may, within fifteen days from the service of the

notice, appeal against it to the Tribunal, and on any such appeal the

Tribunal

(a) if satisfied that a licence or permission was granted

under this Act, or under any other law which preceded

this Act regulating the activity in question or building

permits, for the activity or the development to which

ENVIRONMENT AND DEVELOPMENT PLANNING

the order or notice relates, or that no such licence or

permission was required in respect thereof, as the case

may be, and that the conditions subject to which such

licence or permission was granted have been complied

with, shall quash the order or notice to which the

appeal relates or such part thereof in respect of which

the Board is satisfied as aforesaid;

(b) in any other case, shall dismiss the appeal.

(13) The appellant shall submit to the Tribunal together with his

appeal a copy of all relevant licences or development permissions,

other permits or other relevant information in terms of which a

licence or a development permission has been granted to carry out

the activity or development mentioned in the order or notice served

on him which is the subject of the appeal proceedings; and if the

Tr i b u n a l i s s a t i s f i e d t h a t n o s u c h l i c e n c e o r d e v e l o p m e n t

permission or permits exist or that there is no authorization,

howsoever called, in terms of which the activity or the

development could have been carried out, the Board shall forthwith

dismiss the appeal.

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

appeal, the appellant submits to the Authority an application for a

licence or development permission regarding the activity or land

mentioned in the order or notice, the Tribunal shall dismiss the

appeal if it is satisfied that the said application is intended to

regularize the activity or development mentioned in the order or

notice.

(15) Where an appeal is dismissed, the Tribunal may direct that,

in respect of any requirement, other than a requirement stopping or

prohibiting any further activity or work or development, or

requiring the cessation of a use, the order or notice shall not come

into force until such date, being a date not earlier than fifteen days

after the determination of the appeal, as the Tribunal thinks fit.

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

enforcement notice provided that the appellant shall be given

sufficient time to prepare and put forward his case.

(17) Where the illegal activity or development is being carried

out at sea the provisions of this article shall apply in such manner

that any reference therein to the owner of the land or the occupier

of the land shall be deemed to be a reference to the person carrying

out the activity or development, and any reference to land shall be

deemed to be a reference to the area at sea where the activity or

development occurs.

(18) All notices or orders issued under this Part shall be

accompanied by a site plan.

If it appears to the Authority that anything which is

prohibited or restricted or subject to a condition by or under any of

the provisions of article 81 or under regulations made under this

Act intended to protect natural habitats and species, is being done

or carried on or has been done or carried on in contravention of any

such prohibition, restriction or condition or without any permission

ENVIRONMENT AND DEVELOPMENT PLANNING

or other requirement, or without compliance with any condition,

mentioned in those articles or any orders made thereunder, the

Authority shall serve a notice on the owner of the land or on the

occupier of the land or on both as the Authority deems most

expedient and shall also inform of the issue of such notice the

persons mentioned in article 86(4), requiring such steps as may be

specified in the notice, including the discontinuance of anything

being done or carried on, to be taken within such time as may also

be specified in the notice. The provisions of the proviso to article

86(4) shall also apply to any notice under this article.

(1) If it appears to the Authority that the amenity of any

area is injured by the appearance or condition of any building or

any land, being a garden, vacant site or other open land, or by the

appearance of a site upon which development or construction or

any other works are taking or have taken place, the Authority shall

serve an enforcement notice on the owner of the land or on the

occupier of the land or on both as the Authority deems most

expedient and shall also inform of the issue of such notice the

persons mentioned in article 86(4), requiring such steps to be taken

for abating the injury as may be specified in the notice. The

provisions of the proviso to article 86(4) shall also apply to any

notice under this article.

(2) The Minister may, in consultation with the Authority, by

regulations under this article provide that property which is in a

state of disrepair and, or constitutes a danger, shall be demolished

by its owner or by the Authority in accordance with the provisions

of article 90. Without prejudice to the generality of the foregoing,

such regulations may prescribe

(a) the manner through which the state of the property is

certified as constituting a danger,

(b) the methodology and procedures to be used by the

Authority in any action it may take as aforesaid.

A notice under articles 87 and 88 is also in this Act

referred to as "enforcement notice" and, unless the context

otherwise requires and subject to such modifications and

adaptations as may be necessary to give full effect to the provisions

of those articles, wherever that expression appears in this Act it

shall include a notice given under those articles.

(1) If any steps or other action, including any

discontinuance, stoppage or similar requirement, required to be

taken by an enforcement notice have not been taken within the time

specified therein, the Authority may enter on the land, or the area at

sea and take such steps or other action as aforesaid, including the

d i s a b l i n g o r r e m o v a l o f a n y e q u i p m e n t , m a c h i n e r y, t o o l s ,

belongings, vehicles or other objects that may be on site and the

carrying out of any works necessary to comply with what is

requested in the enforcement notice and may for such purpose

request the assistance of the Police Force, any local council, any

department of Government or any agency of Government; and the

Police Force shall for such purpose exercise such powers as are

vested in them at law.

ENVIRONMENT AND DEVELOPMENT PLANNING

(2) Where the removal of an illegal development involves by

necessity the removal also of a development which is not illegal,

the Authority may proceed to remove also such other development,

the removal of which is necessary as aforesaid.

(3) Notwithstanding the provisions of any other law and saving

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

European Convention Act, no precautionary act may be issued by

any court against the Authority restraining it from the exercise of

any of the powers conferred upon it by this article.

(4) Subject to the provisions of regulations made under this

Act, when an enforcement notice has not been appealed or where

an enforcement notice has been appealed but has been confirmed

by the Appeals Board or by the Court of Appeal, as the case may

be, and the owner of the land subject to an enforcement order fails

to comply with the said order within the period therein prescribed,

such person shall be liable to a maximum penalty of not more than

fifty euro for every day the default continues after the expiration of

the said period as the Authority may prescribe under the said

regulations; and the Authority may recover such penalty from the

said person as a civil debt owing to it.

(5) All expenses reasonably incurred by the Authority in the

exercise of its powers under this article, or any other amount due to

the Authority under any other provision of this Act or regulations

made thereunder shall, be recoverable as a civil debt by the

Authority from the owner of the land, or from any occupier of the

land, or from any person responsible for the acts mentioned in the

notice, including a notice of payment, or an applicant, subject to

such right of recovery such person may have against any other

person. The Authority shall not be liable for any damages as a

result of the exercise of its powers under this article unless it is

proved that such damage resulted from gross negligence on the part

of the Authority, its officers and agents.

(6) Where the Authority desires to sue for the recovery of a

debt due to the Authority under any law or regulation which it is

entitled to enforce, the Chairman, Chief Executive Officer or an

officer of the Authority duly authorised by the Authority to act on

its behalf may make a declaration on oath before the Court registrar

or before any other officer authorised to administer the oath in

judicial matters, wherein he states the nature of the debt and the

name of the debtor and confirm that it is due.

(7) The declaration referred to in 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 declare 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

ENVIRONMENT AND DEVELOPMENT PLANNING

lapse of the period of five years from the date on which the debt

was due.

(1) Notwithstanding the other provisions of this Act, any

person who is served with an enforcement notice in respect of

development referred to in Schedule 8, shall have the right to claim

that such notice shall not be executed. The said person shall furnish

the Authority with the requisite proof to that effect including any

relevant documentary evidence and such other evidence as the

Authority considers necessary in accordance with and subject to the

procedure established by the Authority.

(2) An enforcement notice falling within the provisions of sub-

article (1), the development in question shall not be considered as

having been regularised in terms of this Act unless and until a

development permission has been granted to cover the development

in question and a penalty fixed by the Authority within the limits

established in article 93 has been paid

Provided that a person requested to pay such a penalty may

appeal from such request in the manner provided for in article 93.

(3) When the Authority receives an application for

development permission requesting amendments, alterations,

additions or extensions to a development referred to in Category A

of Schedule 8, the applicant shall request the Authority to sanction

the said illegal development in terms of the provisions of this Act,

if such sanction is possible in terms of law. Where the illegal

development has not been sanctioned no further development

permission, other than for that type of development which may be

prescribed by the Minister, after consultation with the Authority,

from amongst the development mentioned in article 63(9)(a) and

(b), may be granted with respect to the land in question unless and

until the illegal development is removed.

(4) Where any person claims to the Authority that an

enforcement notice falls within the provisions of sub-article (1),

and the Authority does not accept such claim, the period of fifteen

days mentioned in article 86(12) shall commence to run from the

date that the Authority serves such person with a notice to the

effect that it is not accepting such claim.

(5) The Minister may, after consultation with the Authority,

make regulations to give better effect to the provisions of this

article.

(1) The following provisions shall have effect with respect

to any development which has taken place or is to take place after

the date of the coming into force of the Development Planning

Act * , hereinafter referred to as "new development".

(2) No service consisting in the supply of water or electricity to

any new development shall be provided by any authority unless

there is in respect of such development a certificate issued by the

Authority stating that the development is in accordance with a

development permission or falls under Category B of the Eighth

*Repealed by this Act; but see footnote to article 8(2)(a).

ENVIRONMENT AND DEVELOPMENT PLANNING

Schedule.

(3) In any of the circumstances in which the Authority may

serve an enforcement notice or order under any of the provisions of

this Act, the Minister shall, in consultation with the Authority, by

regulations under this article provide that such a notice is

registered with the Land Registry and served on the Director of the

Public Registry of Malta in the case of land situated in the Island of

Malta and on the Director of the Public Registry of Gozo in the

case of land situated in Gozo. Without prejudice to the generality of

the foregoing, such regulations may prescribe

(a) the procedures to be used by the Authority in making

such a registration;

(b) the prohibition of the transfer inter vivos by any title

whatsoever of any land in respect of which a notice as

aforesaid may be, or has been, served, and the transfer

or creation of any real right thereon, by any title inter

vivos whatsoever and that any transfer of any land and

any transfer of any real right thereon, made by an act

inter vivos under any title whatsoever, shall be null

and without effect.

(4) The provisions of article 41 shall apply to an order made

under this article, and to any refusal to revoke such an order, as

they apply to a decision of the Authority referred to in sub-article

(1)(a) of that article.

(1) Notwithstanding any other law providing for the trial

and punishment of offences, where the Authority believes that a

person has committed an offence against this Act, other than an

offence under article 94(1)(d), the Authority may give notice in

writing to such person describing the offence of which the person is

accused, indicating the steps to be taken to remedy the offence and

a penalty which he is required to pay in respect of that offence

Provided that the Authority may not require the payment of

a penalty higher than fifty thousand euro and shall be in accordance

with a schedule of penalties, which the Minister, after consulting

the Authority, and with the concurrence of the Minister responsible

for finance, may by regulations prescribe

Provided further that any person who feels aggrieved by a

decision of the Authority under this sub-article, may appeal to the

Tribunal for a revocation or modification of such a penalty.

(2) Where a notice under this article has been given, the person

named in the notice may, within twenty-one days of the service of

the notice, accept responsibility for the offence specified in the

notice and within the same period or such further period as the

Authority may allow, remedy the offence and pay, or undertake in

writing to pay, the penalty indicated in the notice or such other

penalty as the Authority may accept in lieu, and in any such case

(a) the person named in the notice shall be deemed to have

committed the offence and to have admitted his guilt

in respect thereof, and the penalty paid, or agreed to be

paid, shall be the penalty to which he became liable to

ENVIRONMENT AND DEVELOPMENT PLANNING

pay;

(b) if the offence is remedied and the penalty is paid

within the period, or further period, aforesaid, no

further proceedings may be taken against the said

person in respect of the same facts

Provided that the agreement to pay to the compromise

penalty shall not extinguish any civil liability to make

good any damages to any person or authority and any

liability arising under article 38;

(c) if the penalty is not paid within the period, or further

period, aforesaid, it shall be treated as if it were a

penalty ordered to be paid by a court and proceedings

may be taken accordingly to recover the same as a

civil debt due to the Authority.

(3) Where the person to whom notice is given under sub-article

(1) does not accept or, having accepted such responsibility, fails to

remedy the offence within the time aforesaid, ordinary criminal

proceedings may be taken against him in accordance with the

provisions of law applicable to the offence.

PART VII

Offences

(1) Any person who -

(a) carries out any development on any land or allows any

development to be carried out on land of which he is

an owner without a development permission as in

force at the time of such development, or, if the

development is carried out with a development

permission, fails to comply or to cause compliance

with any condition, restriction or other limitation to

which the permission is subject; or

(b) acts in contravention of any of the provisions of article

81 and 82 in respect of any scheduled property, an

emergency conservation order; or

(c) having been served with an enforcement notice or

other notice under articles 78, 86, 87 or 88 fails to

comply with any of the requirements of such notice

within the time therein specified; or

(d) hinders, obstructs, molests or interferes with, or

attempts to hinder, obstruct, molest or interfere with,

any officer or employee of the Authority, or any police

officer, or any public officer, or any employee or

servant of any department of Government or of any

agency of Government or of any local council, in the

execution of his duties under the law or fails to comply

with any reasonable requirement demanded of him by

any such person as aforesaid or otherwise to assist him

in the carrying out of the said duties, or knowingly

furnishes such person with false information or

neglects or refuses to give any information required

ENVIRONMENT AND DEVELOPMENT PLANNING

for the purpose aforesaid; or

(e) makes a declaration for any of the purposes of this Act

which is false, misleading or incorrect in any material

respect,

shall be guilty of an offence against this Act and shall be liable, on

conviction, to a fine (multa) of not less than one thousand five

hundred euro and not exceeding one hundred thousand Euro, and in

respect of an offence under paragraph (d) or, in the case of an

offence under paragraph (c) if the offender persists in the offence

for more than three months, also to imprisonment for a term of not

less than three months and not exceeding three years

Provided that, and without prejudice to the provisions of

articles 81(9) and article 90(3) and (4) and without prejudice to the

maximum fine above established, the minimum fine (multa) to

which an offender is liable under this article shall not be less than

the value of any work carried out without permission or in violation

of any conditions to which such permission was subject.

(2) The Court, besides awarding the punishment referred to in

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 judgment, to

be fixed by the court; and, if the offender fails to comply with any

such order within the time so fixed, he shall be liable to a fine

(multa) of not less than fifty euro and not more than one hundred

and thirty euro, as the court may fix, for every day the default

continues after the expiration of the said time and may also order

the modification, suspension or revocation of any authorisation or

permission.

(3) Proceedings against any person for any offence as is

mentioned in 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.

(4) Article 21 of the Criminal Code and the provisions of the

Probation Act shall not apply to any offences referred to in this

article.

(5) The filing of an application intended to regularise any

illegal development or activity to which a prosecution refers, and

the filing of an appeal against a refusal of such an application shall

not be a bar to the continuation of such a prosecution and the court

shall continue to hear such a case and shall give judgement and

shall issue an order in terms of sub-article (2) as if such an

application or such an appeal had never been filed

ENVIRONMENT AND DEVELOPMENT PLANNING

Provided that where such an activity or development has

been regularised no fine under sub-article (2) shall be due in

respect of the time after the development has been regularised.

(6) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given in proceedings arising

out of this Act or of any regulations, rules or orders made

thereunder.

In any proceeding or prosecution under this Act, a copy of

any order, notice, decision or other document purporting to have

been made under this Act and purporting to have been signed by

the Chairman of the Authority or by the Chief Executive Officer or

any Director, shall be accepted as evidence of the order, notice,

decision or other document, and of the facts appearing therein,

without further proof.

PART VIII

Miscellaneous

(1) Where any notice or other instrument or document

whatsoever is required or authorised to be served or given by or

under this Act, it may be served or given in any of the following

manners

(a) by delivering it to the person on whom it is to be

served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode

of that person or, if such person has furnished an

address for service, at that address; or

(c) by sending it in a registered letter addressed to that

person at the place of abode or the address for service

aforesaid; or

(d) in the case of a body corporate or other body of

persons, by delivering it to an officer or servant

thereof at the registered or principal office, or sending

it in a registered letter addressed to the body aforesaid

at that office; or

(e) in any case in which it is not reasonably possible to

effect service in any of the foregoing manners whether

on all or on any one or more of the persons on whom

service is to be made or notice is to be given, by

affixing the document to be served or given in a

conspicuous place on the land to which it relates and

keeping it so affixed for a period of not less than seven

days.

(2) Where the notice or other document is required or

authorised to be served or given to any person as having an interest

in land, and the name of that person cannot be ascertained after

reasonable inquiry, or is required or authorised to be served on an

occupier of land, the notice shall be deemed to be duly served or

given if it is served or given in any of the manners indicated in sub-

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

ENVIRONMENT AND DEVELOPMENT PLANNING

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

"occupiers", as the case may require.

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

established by notice in the Gazette repeal the Development

Planning Act and the Environment Protection Act * and different

dates, rules and procedures may be so established for the

revocation and, or applicability of different provisions thereof.

(2) The Minister may by regulations made under this Act,

provide that for the words "Director", "Director of Planning" and

"Director Environment Protection", wherever they may occur in

regulations made under the Development Planning Act or

Environment Protection Act, there shall be substituted the word

"Authority" and any definition of "Director", "Director of

Planning" and "Director Environment Protection" in regulations

made under the same Acts shall be deleted.

(3) Any order, rule, regulation, bye-law, notice, plan or policy

or other instrument having the force of law made under the

authority or kept in force under any of the provisions of the

Development Planning Act or the Environment Protection Act shall

continue in force and shall continue to have effect as if made under

this Act and may be amended, substituted or revoked accordingly.

(4) Any licence, permission, authority, order, notice or

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

kept in force under any of the provisions of the Development

Planning Act or the Environment Protection Act and still in force

immediately before the date of coming into force of this Act shall

as from such date continue in force as if it were a licence,

permission, authority, order, notice or certificate, or prosecution or

charges granted or made under a corresponding provision of this

Act, and any such licence, permission, authority, order, notice or

certificate, or prosecution or charges as aforesaid shall be treated

and dealt with accordingly

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

authority, order, notice or certificate issued as operative for a

specific period, such licence, permission, authority, order or

certificate shall remain operative for such a period from the date

such licence, permission, authority, order, notice or certificate was

issued.

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

article 36, the Heritage Advisory Committee established under the

provisions of article 37, the Environment and Planning Review

Tribunal established under the provisions of article 40 and the

Environment Fund established under the provisions of article 38,

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

liabilities and obligations of the Users’ Committee, the Heritage

Advisory Committee and the Planning Appeals Board respectively

established under the provisions of the Development Planning Act

and the Environment Fund established under the provisions of the

Environment Protection Act.

*but see footnote to article 8(2)(a).

ENVIRONMENT AND DEVELOPMENT PLANNING