276 tal-2012 - Regolamenti tal-2012 dwar Multi għal Kull Ġurnata

L. N. 276 of 2012

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Daily Penalty Regulations, 2012

BY VIRTUE of the powers conferred by articles 61 and 79

of the Environment and Development Planning Act, the Minister

for Tourism, Culture and the Environment, after consultation

with the Malta Environment and Planning Authority, and with

the concurrence of the Minister of Finance the Economy and

Investment, has made the following regulations

(1) The title of these regulations is the Daily Penalty

Regulations, 2012.

(2) These regulations shall come into force on the 24th

November, 2012.

(1)

In these regulations, unless the context otherwise

requires:-

“the Act” means the Environment and Development

Planning Act;

“the Authority” has the same meaning as is assigned to

it in article 2 of the Act;

“built footprint” means the total area of the whole unit,

including: all rooms; all internal spaces; all external spaces

that are totally enclosed or surrounded by the building,

including any such yards and shafts; and the wall thicknesses

(including owned party wall);

“ODZ” means Outside Development Zone and

means development outside the boundary designated for

development in a local plan;

“Protected Area” means an area which is protected under

the provisions of the Act or regulations issued thereunder;

“SAC” means a special area of conservation or a

protected area, and may either be of National Importance or

of International Importance;

“scheduled” has the meaning assigned to it by article 81

of the Act;

“UCA” means an urban conservation area, or an historic

area (village core) as designated in a local plan or other area

designated or scheduled in accordance with the Structure Plan

and article 81 of the Act.

(2) In these regulations any expression defined by the

Act has the same meaning as it has in the Act or regulations issued

under the Act.

(1) Where the Authority gives notice in writing to a

person in accordance with article 86 or article 88 of the Act in

relation to an infringement carried out after the date of coming into

force of these regulations, it shall also notify such a person that he

shall be liable to a fine for every day after 16 days from the date of

notification of the notice as established and set out in accordance

with the provisions of the Schedule to these regulations.

(2) This penalty shall be levied without prejudice

to any other fine or amount payable to the Authority under the

provisions of the Act, and shall be subject to a maximum penalty

of fifty thousand euro (€50,000)

Provided that if a penalty falls due following the

approval by the Authority of a permit covering the

development in respect of which a notice has been issued,

only the accumulated daily penalty or the sanctioning penalty,

whichever is the higher, shall be imposed

Provided further that if existing illegal development

remains uncovered by a sanctioning development permit, the

daily penalty shall continue to accrue on the unsanctioned

illegal development subject to the maximum penalty of fifty

thousand euro (€50,000).

(1) Where the notice has been appealed in accordance

with the provisions of subarticle (12) of article 86 of the Act, and

the notice has been confirmed by the Environment and Planning

Review Tribunal or the Court of Appeal, as the case may be, the

penalty is due from such person with effect from after 16 days

following the date of the notification of the notice in accordance

with the provisions of the Act.

(2) Where the person served with the notice submits

an application in accordance with the provisions of subarticle

(9) of article 86 of the Act, the penalty is due from such person,

upon the determination of such application, with effect from after

16 days following the date of the notification of the notice in

accordance with the provisions of the Act irrespective of whether

such application has been approved, refused or dismissed.

The Environment and Planning Review Tribunal shall Petitions to the

examine petitions received by it and shall only accede to a petition Environment

in part or in whole when there are impelling reasons for it to do so, Tribunal.

such as

(a) humanitarian reasons attenuating the circumstances

relating to the commission of the scheduled offence; and

(b) when the issue of the charge or of the notice

under article 14 of the Act or the nature thereof is manifestly

unjust and, or oppressive, and, or manifestly disproportionate

considering the nature and facts of the case.

In

of

of these

In case

CATEGORY

case of

these provisions,

C

B

A

of multiple

provisions, will

multiple illegalities

natural heritage value, that exceed a footprint

land or S.A.C.s, which parts are themselves of

excavations/quarrying, over parts of scheduled

concreting/asphalting/paving or

III_) the demolition of scheduled buildings or

footprint area of 15m²; or

covered in B(III_) that is located in an U.C.A.; or

I_) all development covered in Category B that

scrap/vehicular/machinery/boat/yacht storage,

industrial, warehousing, open

I_) a built footprint that exceeds 50m² , except

IV_) the deposition of material or

within scheduled property; or

parts thereof, or the damaging of historic fabric

Archaeological Importance that exceed a

II_) excavations in a scheduled Area of

Development that consists of

III_) a billboard or advert that has a display area

use; or

boathouse, beachroom nature; or changes of

entertainment/leisure, gaming, stable,

residential, office, commercial/retail, Class 6,

farms; or

and development related to registered livestock

consists of

Development within the development zone that

Categories B and C.

All illegal development not covered in

area of 75m².

is located O.D.Z., as well as development

of > 4m²

II_) the creation of a separate unit of a

for greenhouses, agricultural tunnels/clochés,

illegalities on

will be

be imposed

imposed

on the

the same

same site

site at

at time

time of issue of an Enforcement Notice, the highest rate for the illegal development carried out after the coming into effect

0 - 16 days

nil

nil

nil

17 - 50 days

€ 10 daily

€ 4 daily

€ 2 daily

NOTIFICATION DATE +

51 - 180 days

€ 20 daily

€ 10 daily

€ 2 daily

181 - 365 days

€ 40 daily

€ 20 daily

€ 2 daily

366 days +

€ 50 daily

€ 25 daily

€ 4 daily

€0.36