ENVIRONMENT AND PLANNING REVIEW TRIBUNAL ACT

CHAPTER 551

ENVIRONMENT AND PLANNING REVIEW

TRIBUNAL ACT

To establish a tribunal for the purpose of reviewing decisions of the

Planning Authority and of the Environment and Resources Authority, to

provide for the manner in which proceedings of the tribunal are to be

conducted, and to provide for appeals from decisions of the tribunal.

4th April, 2016 *

ACT V of 2016 , as amended by Legal Notices 394 of 2018 and 110 of

2022 and 212 of 2023 and Acts XXIII of 2020 and XXI of 2021.

The short title of this Act is the Environment and Planning

Review Tribunal Act.

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

following expressions have the meaning hereby assigned to them

"Chairperson" means any Chairperson of the Environment and

Planning Review Tribunal appointed in terms of this Act;

"development permission" has the same meaning as assigned to it in

the Development Planning Act;

"Environment and Resources Authority" has the same meaning

as assigned to it in the Environment Protection Act;

"Environmental NGOs" means non-governmental organizations

promoting environmental protection and which are registered under

the Voluntary Organisations Act;

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

regulation 2 of the Development Planning (Procedure for

* see article 1(2) of the Act, as originally promulgated, and Legal Notice 111 of 2016.

Applications and their Determination) Regulations or any other

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

"Government" means the Government of Malta;

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

registered as a legal person or not;

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

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

"recommendation" means the reply lodged by an external

consultee which may either indicate a no objection to an

application, or an approval of the application subject to conditions

indicated by the external consultee or that the application is

objectionable for reasons indicated by the external consultee;

"Secreta ry" m eans the Secreta ry to t he Envi ronm en t and

Planning Review Tribunal;

"Tribunal" m eans the Environment and Planning Review

Tribunal.

(2)

The provisions of this Act shall be without prejudice to the

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

affect the powers of the Superintendent of Cultural Heritage under that

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

the said Act.

PART II

Establishment and Scope of the Tribunal

There shall be set up in accordance with the provisions of

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

Environment and Planning Review Tribunal, for the purpose of

reviewing the decisions of the Planning Authority and the decisions

of the Environment and Resources Authority, referred to it in

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

exercising any other jurisdiction and function conferred on the

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

the coming into force of this Act.

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

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

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

or substitute such order.

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

members being well versed in development planning and

environmental matters and the other member an advocate who shall

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

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

t he panel , an d a dep uty Chairperson. I n th e absence of the

Chairperson for a valid reason, the deputy Chairperson shall perform

the functions of Chairperson.

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

Chairperson and the deputy Chairperson, shall be appointed by the

President acting on the advice of the Prime Minister.

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

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

each panel.

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

hearing an appeal in terms of article 734 of the Code of

Organization and Civil Procedure and in any such case, such

member shall be substituted by another person appointed by the

Secretary for the purpose from amongst the members of the other panel

or panels or if no such member can be chosen, by another person duly

qualified to sit on the Tribunal, appointed for the purpose by the Prime

Minister.

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

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

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

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

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

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

of the Prime Minister, for the reasons of proved inability to perform

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

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

for a just cause.

(1) The Tribunal shall have an administrative secretariat

independent from any authority, consisting of a Secretary and such

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

e ff i c i e n t m an a g e m e nt o f a d m in i s t r a t i ve m a t t e r s w it h i n t h e

Tribunal’s functions.

(2) The Secretary and the administrative secretariat shall be

appointed by the Prime Minister.

(3) The expenses incurred in connection with the

administration of the Tribunal, including the payment of the

honorarium to the Chairperson and members of the Tribunal and

the salary of the Tribunal’s Secretary and the Tribunal’s staff, shall

be paid out of the Consolidated Fund without the necessity of any

further appropriation.

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

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

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

at such regular intervals as may be necessary to expedite its

business.

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

the Prime Minister.

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

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

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

order.

(1)

There shall be a registry of the Tribunal.

(2) The Prime Minister shall by regulations establish the

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

regulations may also appoint such officers as may be necessary for

the operation of the said Registry. All the records of the Tribunal

shall be filed in the Registry referred to in this sub-article.

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

Prime Minister.

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

running of the Registry.

(1) A member of the Tribunal shall upon appointment take

the following oath before the State Advocate

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

having been appointed to be a Member for the

purposes of the Environment and Planning Review

Tribunal Act, do swear that I will faithfully, fully,

impartially and to the best of my ability discharge the

trust and perform the duties devolving upon me by

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

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

and the State Advocate. It shall be deposited with the Tribunal’s

Secretary.

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

adhere to and apply the principles of good administrative

behaviour.

(2) The principles of good administrative behaviour include the

following

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

hearing, including the principles of natural justice,

namely

(i) nemo judex in causa sua, and

(ii) audi et alteram partem;

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

decisions shall be reasonable depending on the

circumstances of each case. The decision shall be

delivered as soon as possible and for this purpose the

tribunal shall deliver a single decision about all

matters involved in an appeal before it whether they

are of a preliminary, substantive or procedural nature

Provided that whenever pleas of a peremptory nature

arise, the Tribunal may decide before any other matter to

hear the evidence of the parties and give a decision,

limitedly on the matter, and a decision given by the

Tribunal shall be deemed final and subject to appeal

within twenty (20) days of its award, before the Court of

Appeal in terms of article 52 of the Act.

(c) the Tribunal shall ensure that there shall be procedural

equality between the parties to the proceedings. Each

party shall be given an opportunity to present its case,

whether in writing, or orally, or both, without being

placed at a disadvantage;

(d) the Tribunal shall ensure that the Planning Authority

makes available to the parties to the proceedings, the

documents and information relevant to the appeal;

(e) proceedings before the Tribunal shall be adversarial in

nature. All evidence admitted to the tribunal shall, in

principle, be made available to the parties with a view

to adversarial argument;

(f)

the Tribunal shall be in a position to examine all of the

factual and legal issues relevant to the appeal

presented by the parties in terms of the applicable law;

(g) save as otherwise provided by law, the proceedings

before the Tribunal shall be open to the public;

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

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

necessary for the Tribunal to deal with every plea

raised, provided that where a plea would, if accepted,

be decisive for the outcome of the appeal, such a plea

shall require a specific and express consideration.

The Prime Minister may make regulations to implement

and to give better effect to the provisions of this Act and may,

without prejudice to the generality of the foregoing

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

of this Act;

(b) set out the procedure before the Tribunal;

(c) set out the procedure in appeals from the decisions of

the Tribunal;

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

before the Tribunal;

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

in appeals from the decisions of the Tribunal;

(f)

establish rates and tariffs relating to proceedings

before the Tribunal;

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

the Tribunal;

(h) set out the duties of the Secretary to the Tribunal;

(i) establish which provisions of the Code of Organization

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

are to apply to the procedure before the Tribunal;

(j)

prescribe anything that may or is to be prescribed in

accordance with this Act;

(k) make such amendments, alterations, deletions, repeals,

corrections, changes and modifications to any laws or

subsidiary legislation for the purpose of bringing such

primary law or subsidiary law in conformity with the

provisions of this Act.

ENVIRONMENT AND PLANNING REVIEW TRIBUNAL

PART III

Proceedings before the Tribunal related to Decisions

taken by the Planning Authority

(1) Subject to the provisions of the Development Planning

Act, the Tribunal shall have jurisdiction to

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

from a decision taken following an application

(i) for a development permission;

(ii) for a permission under a development

notification order;

(iii) for a permission under a regularisation process;

(iv) for a change in alignment under a planning

control application;

(v) for a permission for a project of common interest

(PCI);

(vi) for registration by the Registration Board;

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

from a decision taken following a request for

screening of a proposed development, whereby in

same decision

(i)

additional submissions, studies, assessments and

documentation are requested; and, or

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

to the Planning Authority before the submission,

on the submission or during the processing of

the application and the applicant does not agree

with the amount of the fees and, or

contributions;

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

(i) aggrieved by a notice issued under the

provisions of Part IX of the Development

Planning Act;

(ii) aggrieved by a decision in relation to scheduling

and conservation orders;

(iii) aggrieved by a decision on a request for

modification or revocation of permission;

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

institution or any department or agency of

Government, having a direct interest and aggrieved by

any decision, ruling or direction in relation to Building

Regulations and Building Control Regulations, even

where such a decision, ruling or direction does not

emanate from a development application process;

(e) hear and determine all appeals made by an interested

third party who had submitted written representations

as established by the Planning Authority in terms of

article 71(6) of the Development Planning Act

(i) from

a

decision

on

an

application

for

ENVIRONMENT AND PLANNING REVIEW TRIBUNAL

development permission;

(ii) from a decision on a planning control

application relating to a change in alignment;

(iii) from a decision on scheduling and conservation

orders

Provided that -

(i) the State Advocate on behalf of the

Government; and

(ii) any department, agency, authority or other

body corporate wholly owned by the

Government, not being an external

consultee which had been consulted and

had not objected;

shall always be deemed for all intents and purposes

of law to be an interested third party

notwithstanding that it shall not have submitted

representations in writing

Provided that all persons having sufficient interest

shall have access to a review procedure before the

Tribunal to challenge the substantive or procedural

legality of any decision, act or omission relating to a

development or an installation which is subject to an

environmental impact assessment (EIA) or an

integrated pollution prevention and control (IPPC)

permit

Provided further that the Planning Authority

shall not be construed as an interested third party

for the purposes of this paragraph;

(f)

hear and determine all appeals made by external

consultees from a decision taken following an

application

(i) for a development permission;

(ii) for a change in alignment following a planning

control application;

(iii) for a permission for projects of common interest

(PCI)

Provided that such an appeal may only be lodged by an

external

consultee

which

had

lodged

its

recommendation to the Planning Authority and in its

recommendation it had either indicated that the

application may be approved subject to those

conditions indicated by the external consultee, or that

the application is objectionable for reasons indicated

by the external consultee

Provided further that an external consultee shall

always have the right to lodge an appeal when it has

not been consulted or when the procedure does not

require its consultation;

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

article 33;

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

provisions of this Act.

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

Planning Authority shall be subject to the jurisdiction of the

Tribunal.

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

including

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

(b) that there was a material procedural error;

(c) that an error of law has been made.

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

Organization and Civil Procedure shall apply to all proceedings

before the Tribunal.

(1) Unless otherwise provided under any provision of this

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

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

Information website by the Planning Authority

Provided that appeals from decisions which do not need to

be published shall be lodged before the Tribunal within thirty days

from date of notification of the decision.

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

other than the applicant in accordance with the provisions of article

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

a request for reconsideration in accordance with the provisions of

the Development Planning (Procedure for Applications and their

Determination) Regulations or any other regulations which may

from time to time succeed the said regulations, the proceedings

before the Tribunal shall be suspended until the request for the

reconsideration has been determined and a copy of the decision has

been submitted to the Tribunal by the Planning Authority, and any

time periods established under the provisions of this Act in relation

to the proceedings before the Tribunal shall commence from the

date of receipt by the Tribunal of the decision on the request for

reconsideration

Provided that any party other than the applicant who had

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

days from notification of the decision on the request for

reconsideration, amend his appeal or make further submissions to

the Tribunal, if he deems it necessary.

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

may lodge an appeal against it before the Tribunal within fifteen

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

publication of the said notice on the Department of Information

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

publication.

All appeal proceedings before the Tribunal shall be

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

be prohibitively expensive.

An appeal from a decision of the Planning Authority shall

be in the form of an application, and shall

(a) make reference to the Planning Authority’s decision

appealed from;

(b) distinctly state the heads of the decision complained of

under different headings, together with reasons under

each heading for which the appeal is entered;

(c) state specifically the manner in which it is desired that

the decision be varied under each heading; and

(d) also include all documentation which is relevant for

the grounds of appeal.

An appeal from an enforcement notice or other notice shall

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

appealed from.

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

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

names and addresses of the witnesses they intend to produce in

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

intend to establish through their evidence.

(2) The Tribunal shall be empowered to summon witnesses and

administer the oath to any person appearing before it.

The parties to the appeal may be represented by an agent

before the Tribunal.

Subject to the provisions of article 33 of the Development

Planning Act, all parties to an appeal may submit a request to the

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

sitting of the Tribunal.

A copy of the appeal application and the ancillary

documentation shall forthwith be communicated to the Planning

Authority within five working days from when the Secretary has

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

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

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

the conditions imposed by the Planning Authority and any other

issues raised by the appellant. The Planning Authority shall produce

any documentation it deems necessary unless contained in the

relative Planning Authority file or files. The Planning Authority’s

reply and all documentation shall forthwith be communicated to the

appellant.

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

Development Planning 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, within five working days from such notification. Such an

interested third party shall have a right to address the Tribunal and

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

the appeal proceedings. Unless the Tribunal decides otherwise,

such an interested third party may be present during all sittings of

the Tribunal. However he may not attend site inspections where the

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

objects to the presence of such an interested third party entering

upon his property. Such an interested third party shall have a right

to be given a copy of the Tribunal’s decision with regard to those

appeal proceedings for which he has been registered with the

Secretary of the Tribunal

Provided that the above procedure is also applicable to

those external consultees who made their recommendations in

terms of regulation 8 of the Development Planning (Procedure for

Applications and their Determination) Regulations or any other

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

which external consultees will however have the right to attend site

inspections.

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

party in terms of this Act, such a person need not prove that he has

an interest in that appeal in terms of the doctrine of juridical

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

such a person shall submit reasoned grounds based on

environmental and, or planning considerations to justify his appeal.

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

favour of the applicant

Provided that when such an appeal is lodged, the applicant

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

he may participate in such proceedings.

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

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

appeal is accompanied by a request for suspension of the execution

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

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

claims, pleas and witnesses contained in their respective

application and reply should be allowed. The Tribunal shall, on the

same day and at the hour appointed for the first hearing of the

appeal, decide which witnesses, listed in the application for appeal

and reply to the appeal, it deems relevant for the purpose of giving

evidence

Provided that where there is no request for a suspension of

the execution of the development as provided in the articles

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

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

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

parties who registered their interest during the processing of the

application before the Planning Authority, and the external

consultees who made their recommendations in terms of the

Development Planning (Procedure for Applications and their

Determination) Regulations or any other regulations which may

from time to time succeed the said regulations

Provided further that in cases of urgency the said time limit

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

Tribunal is satisfied that the party requesting urgency has given a

valid reason in writing thereof.

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

suspension of the execution of a permission, the Tribunal shall

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

within the time-frame stipulated in article 33(2).

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

appellant and the Planning Authority shall appear before the

Tribunal and produce such evidence as the Tribunal may have

directed.

When from the same decision more than one appeal is

lodged by different persons and entities entitled to lodge an appeal

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

appeals are heard concurrently and moreover shall endeavour to

deliver all its decisions concurrently.

All parties may require the production of witnesses not

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

evidence might be required in view of evidence given or produced

by other witnesses. Such witnesses shall be authorised to give

evidence, provided that prior approval of the Tribunal is obtained,

which approval lies within the sole discretion of the Tribunal.

After the production of evidence is concluded, the Tribunal

shall give the appellant and the Planning Authority an opportunity

to make their final submissions

Provided that when the applicant is not the appellant, the

applicant shall also have a right to make final submissions.

The Tribunal may adjourn to another date any hearing of the

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

appearing before it owing to proven illness or absence from Malta

or other similar reasonable cause

Provided that there shall be no adjournment of the hearing

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

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

who was prevented from appearing before the Tribunal for the

reasons indicated in this article.

Should a witness duly notified by a summons signed by the

Chairperson of the Tribunal fail without just cause to appear before

the Tribunal, such person shall be fined by the Tribunal a fine

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

five thousand euro (€5,000).

(1) The Tribunal may require any department or agency of

the Government to provide the Tribunal with such information as

the Tribunal may deem necessary for the proper execution of its

functions.

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

following provisions

(a) the Tribunal may appoint an expert or more than one

expert to draw up a report on any matter which the

Tribunal deems relevant to the appeal;

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

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

expert agreed upon by the parties;

(c) where the parties fail to agree upon the appointment of

an expert, the Tribunal shall appoint an expert of its

own choice.

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

shall

(a) state the object of the appointment;

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

inspection in faciem loci where necessary;

(c) give directions for the guidance of the expert in the

execution of his task, where necessary;

(d) establish a date by which the expert should draw up a

report;

(e) state which party is to bear the expenses of such an

expert.

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

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

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

prejudice to any other proceedings which may be instituted against

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

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

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

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

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

documentation contained in the appeal file.

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

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

Code of Organization and Civil Procedure.

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

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

such findings.

(9) The rules applicable to referees in the Code of Organization

and Civil Procedure shall mutatis mutandis apply to experts

appointed by the Tribunal.

The Tribunal shall have the power to confirm, revoke or

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

deem appropriate

Provided that the Tribunal may, according to circumstances,

and before confirming, revoking or altering the decision, request

the applicant to submit fresh documents and plans, in which case

the Tribunal shall give reasons for such a request, provided that the

substance of the matter as presented before the Planning Authority

shall not change. The Tribunal, where it deems that the substance

of the matter as presented before the Planning Authority shall

change, may give such directions as it may deem appropriate in the

circumstances with respect to the respective claims by redirecting

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

Authority.

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

regulate its own procedure.

(1) Notwithstanding any provision of this Act or any other

law regulating the proceedings before the Tribunal, the Tribunal

may hold and conduct the hearing of its sittings and deliver its

decisions, through such electronic or other viable means of

communication as it deems appropriate.

(2)

The Tribunal shall, in all cases, ensure that the hearing of

any of its sittings and the delivery of any of its decisions, in the

manner set out in sub-article (1), be open and accessible to the public

through such electronic or other viable means of communication as it

deems appropriate. The Tribunal may take all such measures and issue

all such orders it deems appropriate to ensure the proper conduct of the

sittings of the Tribunal and delivery of its decisions by electronic or

other viable means of communication. It may also allow the filing of

acts, in the proceedings brought before it, to be made by electronic

means in such format as it deems appropriate.

(3)

The provisions contained in the Act relative to the conduct

of proceedings and the delivery of decisions by the Tribunal shall, as

far as is reasonably practicable, apply in the same manner to sittings

held and conducted and decisions delivered, in the manner set out in

this article

Provided that no nullity shall ensue for non-observance of

any provision of the Act relative to the conduct of the proceedings or

the delivery of decisions of the Tribunal by electronic or other viable

means of communication due to the failure of the electronic or other

means of communication used.

(4)

The conduct of the hearing of the sittings and the delivery of

decisions of the Tribunal by electronic or other viable means of

communication shall have the same effect at law as those held without

such means.

(5)

Notwithstanding the above sub-articles, the use of electronic

means or other viable means of communication shall take place after a

pre-notice of five (5) days is given to all persons concerned.

(1)Notwithstanding any provision of this Act or any other

law, the registry of the Tribunal may receive all acts including

applications of appeal and replies thereto, by transmission of the

original act duly signed, by electronic means and by electronic

payment or other means the fee prescribed by law.

(2)

The registry of the Tribunal shall issue a copy of the acts

filed through electronic means as aforesaid and the said copy issued by

the registry of the Tribunal shall, for all intents and purposes of law, be

considered as the original.

(3)

Acts filed by electronic means shall, for all intents and

purposes of law, be deemed as if they have been filed directly in the

registry of the Tribunal

Provided that when an act is filed by electronic means outside

registry opening hours, such act shall be deemed to have been filed on

the first following day of the opening of the said registry.

(4)

(a)

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

the Registry of this Tribunal shall be open for the lodging of acts

during the following days and during the following working hours

Between 1 st October and 30 th June of each year, from 8.00a.m. to

noon and between 1.30p.m. and 3.15p.m. and between 1 st July and

30 th September from 8.00a.m. to noon.

(b) Subject to the provisions of the Environment and

Planning Appeals (Procedure) Regulations, the

Registry of the Tribunal shall be closed for the lodging

of acts on Saturdays and Sundays and on public

holidays as provided for in the National Holidays and

Other Public Holidays Act.

PART IV

Decisions of the Tribunal related to decisions taken

by the Planning Authority

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

w h i c h r e q u e s t m a y o n ly b e m a de by an a p p l i c a ti o n l o d g e d

concurrently with the application for the appeal, suspend through a

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

pending a decision being delivered by the said Tribunal, under

those terms, conditions and other measures as it may deem fit

Provided that the Tribunal may not grant a suspension of

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

development which, in the opinion of the Minister responsible for

the Planning Authority, is of strategic significance or of national

interest, related to any obligation ensuing from a European Union

Act, affects national security or affects the interests of the

Government and, or other governments. This proviso is not

applicable to applications relating to development or installations

which are subjected to an environmental impact assessment (EIA)

and, or integrated pollution prevention and control (IPPC) matters.

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

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

within thirty days from the receipt of the application.

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

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

the execution of the permit is suspended the prejudice that would

be caused would be disproportionate when compared with the

prejudice caused by the staying of the actual execution of the

permit. It shall also not suspend the execution of such a permit if it

is satisfied, after hearing all the parties, that the development may

be easily removed or reversed or that the request is frivolous or

vexatious.

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

suspend the execution of the permit or otherwise.

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

permit for more than

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

appeal before the Tribunal in the case of an application

not being one described in paragraph (b);

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

appeal before the Tribunal, in the case of an

application subjected to an environmental impact

assessment (EIA) and, or to an integrated pollution

prevention and control (IPPC) permit, which in the

opinion of the Minister responsible for the Planning

Authority is of strategic significance or of national

interest, related to any obligation ensuing from a

European Union Act, affects national security or

affects the interests of the Government and, or of other

governments.

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

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

The Tribunal shall, whenever the execution of a permit has

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

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

of the appeal;

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

the appeal in the case of an application subjected to an

environmental impact assessment (EIA) and, or to an

integrated pollution prevention and control (IPPC) permit

which in the opinion of the Minister is of strategic

significance or of national interest, related to any

obligation ensuing from a European Union Act, affects

national security or affects the interests of the

Government and, or of other governments.

The Tribunal shall

(a) whenever a request for suspension of the execution of

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

the merits of the appeal within one year from the first

hearing of the appeal which period may be extended

only once by a further period of six months in

exceptional cases, in the interests of justice;

(b) whenever a request for suspension of the execution of

a permit has not been upheld, grant its final decision

on the merits of the appeal within one year from the

partial decision, which period may be extended once

by a further period of six months in exceptional cases

in the interests of justice;

(c) in relation to appeals from special summary proceedings

applications, grant its final decision on the merits of

the appeal within three months from the first hearing

of the appeal

Provided that in the event that the original period is

extended as above stated, no evidence or submissions shall be

lodged during the extension period

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

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

assigned by the Secretary to another panel.

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

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

97, 98 and 99 of the Development Planning Act, the Tribunal

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

Development Planning Act, or under any other law

which preceded the Development Planning Act,

regulating the activity in question or building permits,

for the activity or the development to which the notice

relates, or that no such permission was required in

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

conditions subject to which such permission was

granted have been complied with, shall quash the

notice to which the appeal relates or such part thereof

in respect of which the Tribunal is satisfied as

aforesaid;

(b) in any other case, shall dismiss the appeal

Provided that the Tribunal shall order the Planning

Authority to modify the notice accordingly if it considers that not

all the listed illegalities in the detailed description contained in the

notice are illegal or that some illegalities have been removed.

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

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

Authority an application for a development permission regarding

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

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

application is intended to regularise the activity and, or

development mentioned in the notice.

(3) Where an appeal is dismissed as provided in sub-article (2),

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

shall apply.

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

enforcement notice, which might otherwise even render it invalid,

provided that the appellant shall be given sufficient time to prepare

and put forward his case.

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

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

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

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

interests of justice

Provided that in the event that the original period is

extended as above stated, no evidence or submissions shall be

lodged during the extension period

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

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

assigned by the Secretary to another panel.

On any appeal by any person who feels aggrieved by any

decision of the Executive Council whereby a scheduling order and,

or a conservation order has been issued in terms of article 57(11) of

the Development Planning Act, the Tribunal shall either revoke,

modify or confirm the order.

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

Planning Authority, external consultees, registered interested third

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

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

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

(2) All decisions of the Tribunal shall be delivered in public

and shall be published as soon as practicable after the sitting at

which they are given.

The decisions of the Tribunal shall be final and no appeal

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

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

of a fair hearing before the Tribunal.

The Tribunal shall indicate, with sufficient clarity, the

grounds on which it bases its decisions.

Although it shall not be necessary for the Tribunal in its

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

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

shall require a specific and express consideration.

The Tribunal may deem an appeal as abandoned if the

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

of the appellant to appear before the Tribunal on two consecutive

sittings without good cause shall be deemed to signify that the

appellant has no interest in the appeal.

The Tribunal may impose a fine of two thousand and five

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

declares an appeal to be frivolous or vexatious and in such cases

the Tribunal’s decision shall be final without any redress before the

Court of Appeal (Inferior Jurisdiction).

The Tribunal may impose such fees as it deems proper on

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

Should the Tribunal decide to hold such inspection on its own

motion, such inspection shall be at the charge of the appellant.

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

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

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

the Tribunal shall deem appropriate. The funds accrued from such

penalties, fees and contributions shall be collected and administered by

the Planning Authority.

(2) The Planning Authority shall issue the permission or comply

with the decision of the Tribunal within one month from the

Tribunal’s decision, or, if in the Tribunal’s decision a condition has

been imposed or a penalty, payment of a fee or contribution is

imposed, within one month from compliance by the appellant with

such condition or payment of such penalty, fee or contribution

imposed by the Tribunal in its decision.

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

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

after hearing the parties where necessary, order the substitution of

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

adding or striking out the name of any party and substituting

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

in the character of the parties, or by correcting any other mistake or

by causing other submission of fact or of law to be added even by

separate note, provided that no such substitution or amendment

shall affect the substance either of the action or of the defence on

the merits of the case.

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

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

Tribunal of its own motion.

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

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

decree, any error of calculation incurred in the decision.

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

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

ex pression w hic h i s eq uiv ocal, or w hic h m ay be con str ued

differently from that evidently intended by the Tribunal, provided

that an application is made to that effect within twenty days from

the date when the decision is published, and in such case, the time

allowed by this Act for entering an appeal before the Court of

Appeal (Inferior Jurisdiction) from any decision so amended, shall

commence to run from the date of the notification of the decree

given on the demand for the amendment.

PART V

Proceedings before the Tribunal related to decisions taken

by the Environment and Resources Authority

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

accordance with the provisions of the Environment Protection Act

and any regulations made thereunder, and any person may appeal any

decision of the Environment and Resources Authority only in relation to

environment assessments, access to environmental information and the

prevention and remedying of environmental damage.

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

including

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

(b) that there was a material procedural error;

(c) that an error of law has been made;

(d) that

there

was

some

material

illegality,

unreasonableness,

ineffective

or

insufficient

consideration of adverse effects, or lack of

proportionality.

(3) The effect of a decision to which an appeal relates shall not,

except where the Tribunal or the Court of Appeal, as the case may

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

appeal

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

partial approval of a potentially irreversible action or an action that

may potentially be of significant damage to the environment, the

approval may be suspended by the Tribunal pending a final

decision by the Tribunal if the said Tribunal deems that this would

be in the interest of avoiding any likely significant or irreversible

effects or implications on the environment or for similarly justified

reasons.

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

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

interest in the matter.

(5) The provisions relating to the publication and

communication of applications, submissions and decisions by the

Authority shall apply mutatis mutandis to the decision of the

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

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

article, the Authority shall ensure that practical information is

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

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

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

sitting of the Tribunal.

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

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

reconsideration, the proceedings before the Tribunal shall be

suspended until the request for the reconsideration has been

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

Tribunal by the Authority, and any time periods established under

the provisions of this Act in relation to the proceedings before the

Tribunal shall commence from the date of receipt by the Tribunal

of the decision on the request for reconsideration and the appellant

shall, within a period of thirty days, from notification of the

decision on the request for reconsideration, amend his appeal or

make further submissions to the Tribunal, if he deems it necessary.

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

party other than the applicant in terms of this Act, such a person

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

doctrine of juridical interest, which doctrine shall not apply to such

proceedings, but such a person shall submit reasoned grounds

based on environmental considerations to justify his appeal.

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

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

accompanied by a request for suspension of the execution, appoint

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

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

witnesses contained in their respective application and reply should

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

appointed for the first hearing of the appeal, decide which

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

appeal, it deems relevant for the purpose of giving evidence

Provided that where there is no request for a suspension of

the execution as provided in the articles hereunder, advance notice

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

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

to the parties, and the interested parties, and the external consultees

who made their recommendations

Provided further that in cases of urgency the said time limit of

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

is satisfied that the party requesting urgency has given a valid reason in

writing thereof.

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

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

44, 45 and 46 shall apply mutatis mutandis to the appeals filed

under this Part of this Act, and all references to the Planning

Authority in such articles shall be construed as a reference to the

Environment and Resources Authority.

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

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

of the Environment Protection Act, the Tribunal

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

Environment Protection Act or under any other law

which was in force before the Environment Protection

Act, and which regulated the activity in question, for

the activity to which the order relates, or that no

authorisation was required in respect thereof, as the

case may be, and that the conditions subject to which

such authorisation was granted have been complied

with, shall quash the order to which the appeal relates

or such part thereof in respect of which the Tribunal is

satisfied as aforesaid;

(b) in any other case, shall dismiss the appeal

Provided that the Tribunal shall direct the Environment and

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

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

illegal or if some of the illegalities have been removed.

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

appeal, the appellant or any other person submits to the

Environment and Resources Authority an application for an

authorisation regarding the activity mentioned in the order, the

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

application is intended to regularise the activity mentioned in the

order.

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

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

Protection Act shall apply.

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

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

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

prepare and put forward his case.

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

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

from the date of the first hearing which period may be extended

only once for a period of six months in exceptional cases in the

interest of justice

Provided that if the original period is extended as declared

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

period of extension

Provided further that if a final decision is not delivered

within the deadlines indicated above, the appeal shall be assigned

by the Secretary to another panel.

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

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

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

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

appeal.

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

protection from a protected area or reduce the level of protection

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

Tribunal shall request the approval of the Minister responsible for

the Environment and Resources Authority and the period for the

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

of Appeal shall continue to run from the date in which the Tribunal

informed the appellant with the approval of the Minister.

PART VI

Appeals from decisions of the Tribunal

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

d e c i s i o n s o f t h e Tr i b u n a l s h a l l l i e t o t h e C o u r t o f A p p e a l

constituted in terms of article 41(9) of the Code of Organization

and Civil Procedure, on points of law.

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

participated in the appeal may appeal from decisions of the Tribunal.

Without prejudice to sub-article 9(2)(b), an appeal against a

partial decision of the Tribunal pursuant to article 33 may be lodged

only with an appeal against the final decision of the Tribunal.

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.

Appeal proceedings before the Court of Appeal (Inferior

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

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

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

A and with paragraph (b) of item 15 Tariff E in Schedule A to the

Code of Organization and Civil Procedure.

The legal and judicial representation of the Tribunal shall

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

Prime Minister may determine for any specific case or class of

cases.

The Tribunal established under the provisions of this Act

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

and obligations of the Environment and Planning Review Tribunal

respectively established under the provisions of the Environment

and Development Planning Act.

The Tribunal shall be exempt from any liability for the

payment of any tax on income or duty on documents under any law for

the time being in force in Malta .