457 tal-2011 - Ordni tal-2011 li jemenda l-Ordni dwar in-Notifikazzjoni dwar Żvilupp (Emenda Nru. 2)

L.N. 457 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Development Notification (Amendment) (No. 2) Order, 2011

BY VIRTUE of the powers conferred by article 63 of

the Environment and Development Planning Act, the Malta

Environment and Planning Authority has made the following

Order

The title of this Order is the Development Notification

(Amendment) (No. 2) Order, 2011, and it shall be read and

construed as one with the Development Notification Order, 2007,

hereinafter referred to as “the principal Order.”

Sub-article (1) of article 2 of the principal Order, shall be

amended as follows:-

(a) for the definition “Act” there shall be

substituted the following

“ “the Act” means the Environment and

Development Planning Act;”;

(b) for the definition “environmental impact

assessment” there shall be substituted the following

“ “environmental impact assessment” means

an environmental planning statement carried out in

accordance with the Act;”;

(c) for the definition “environment planning

statement” there shall be substituted the following

“ “environment planning statement” means

an environmental planning statement carried out in

accordance with the Act;”;

(d) in the definition “scheduled property”, for

the words “articles 46, 47 and 48 of the Act.” there shall be

substituted the words “articles 81 and 82 of the Act.”; for the

words “Environment Protection Act” there shall be substituted

the word “Act”.

Article 3 of the principal Order shall be amended as

follows:-

(a) in sub-article (4) thereof

(i) in sub-paragraph (i)(a) thereof, for the words

“Part IV” there shall be substituted the words “Part V”;

(ii) in sub-paragraph (ii)(a) thereof, for the words

“Part IV” there shall be substituted the words “Part V”;

and

(iii) in sub-paragraph (ii)(c) thereof, the words “or

by the Environment Protection Act” shall be deleted;

(b) in sub-article (5) thereof, the words “or the

Environment Protection Act” shall be deleted; and

(c) in sub-article (7) thereof, for the words “article 39A”

there shall be substituted the words “article 77 ”.

In sub-article (4) of article 5 of the principal Order, Amends article 5 of

immediately after the words “Where development” there shall be the principal Order.

added the words “other than in the case of a development listed in

the Sixth Schedule to the Act,”.

The Index to Schedule I of the principal Order shall be Amends the Index

amended as follows:-

(a) item Class1 1(viii) shall be substituted with the

following:-

“1(viii) The installation of LPG storage tanks.”;

(b) immediately after item Class 10 1(ii) thereof, there

shall be added the following:-

“1(iii) The reversible use of land, by Government

entities, Local Councils and other public entities

appointed thereby”;

(c) immediately after item Class 16 2 thereof, there

shall be added the following new Class

“Class 17 Development related to Malta Industrial

Parks Ltd. (MIP) Industrial Zones

1(i) The construction, alteration or extension of

an industrial unit within a Malta Industrial Parks Ltd.

industrial zone.”.

Class 1 of Schedule I of the principal Order shall be

amended as follows:-

(a) for sub-paragraph 1(viii) thereof, there shall be

substituted the following:-

“1(viii) The installation of LPG storage tanks to

an existing building and entirely within its curtilage,

subject that the LPG tanks shall

(a) where the tank is located above ground,

it shall not exceed a capacity of 1250 litres;

(b) where the tank is located wholly

underground, the capacity shall not exceed 4050

litres;

(c) if the site falls within scheduled property

or located ODZ, it shall be installed totally

underground;

(d) where the tank is installed in the front

garden, side gardens and backyards, internal

yards and shafts the applicable provisions of

Development Control Policy and Design Guidance

shall apply;

(e) not be located on the roof of existing

building; and

(f) the installation of LPG tank shall

be subject to clearance from Malta Resources

Authority

Provided that where the development lies within

scheduled property, in designated areas, in UCAs or ODZ,

the notification procedure established in articles 5(1) and (3)

shall apply. The development contained in this paragraph is not

permitted in the Urban Conservation Areas listed in article 5 of this

class.”;

(b) immediately after sub-paragraph 5(vi) thereof,

there shall be added the following:-

“(vii)

LPG storage tanks as permitted in Class 1

article 1.”.

In Class 8 of Schedule I to the principal Order, sub-

paragraph 2(iv) thereof shall be amended as follows:-

(a) for paragraph (a) thereof, there shall be substituted

the following:-

“(a) is sited in an agricultural holding of not less

than one tumolo on which there are no other reservoirs”;

(b) paragraphs (d) and (e) thereof shall be deleted; and

(c) immediately after paragraph (c) thereof, there shall

be added the following new paragraph:-

“(d) the reservoir shall be constructed wholly

underground with its finished roof level at least 0.75m

below soil level and shall not exceed a total area of

100m2.”.

In Class 10 of Schedule I to the principal Order, Amends Class 10

immediately after sub-paragraph 1(ii) thereof there shall be added principal Order.

the following new sub-paragraph

“(iii) The reversible use of land, by Government

entities, Local Councils and other public entities appointed

thereby, for the temporary use of land for cultural and social

purposes as well as any temporary structures required for such

use for not more than three calendar months yearly, provided

that the land used is fully restored to its pristine condition and

any structures are removed before the expiry of such period,

except for sites located in scheduled property.”.

Immediately after Class 16 of Schedule I to the principal

Order there shall be added the following new Class

“Class 17

Development related to Malta Industrial Parks Ltd. (MIP)

Industrial Zones

1. The following development is permitted under this

Class subject to notification as established in sub-articles 5(1) and

5(3) of this Order

(i) The construction, alteration or extension of an

industrial unit within a Malta Industrial Parks Ltd industrial

zone provided that

(a) the industrial zone is covered by a Full

Development Permit in terms of Part V of the Act which

includes all the details related to the construction of the

specific industrial units;

(b) the proposed development shall be approved

in advance by the Malta Industrial Parks Ltd;

(c) where necessary the operations of

the permitted development will be subject to an

environmental permit in accordance with Part V of the

Act.”.

B

B

€0.54