MT
277 tal-2012 - Regolamenti tal-2012 dwar Skedi ta’ Multi
Table of Provisions (12)
Statutory Text (12 Articles)
L. N. 277 of 2012
ENVIRONMENT AND DEVELOPMENT PLANNING ACT
(CAP. 504)
Schedule of Penalties 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 Schedule
of Penalties Regulations, 2012.
(2) These regulations shall come into force on the 24th
November, 2012, and shall apply to those applications submitted
on or after the date of coming into force of these regulations.
DEVELOPMENT NOT IN ACCORDANCE WITH A DEVELOPMENT
PERMISSION OR NOT ACCORDING TO OFFICIAL ALIGNMENT,
EXCLUDING MINOR AMENDMENTS
Development not in ODZ
Penalty
Where the DPF is Euro 1000 or less
Euro 300+200% of
the DPF with a
minimum of Euro
Where the DPF is between Euro 1000 and Euro 400+200% of
Euro2000
the DPF
Where the DPF is more than Euro 2000
Euro 500+200% of
the DPF up to a
maximum of Euro
50,000
Development in ODZ
Penalty
Where the DPF is Euro 1000 or less
Euro 300+400% of
the DPF with a
minimum of Euro
Where the DPF is between Euro 1000 and Euro 400+400% of
Euro2000
the DPF
Where the DPF is more than Euro 2000
Euro 500+400% of
the DPF up to a
maximum of Euro
50,000
Where the development above-mentioned is carried out in a protected area and not
related to development within registered livestock farms, the above-mentioned fine
may be increased by 100% up to a maximum of Euro 50,000
For the purposes of this Schedule, “development not in accordance with a
development permission” shall mean a development which exceeds the approved
footprint or, increases the approved volume of the building in excess of what is
provided for in regulation 6(b).
(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;
“DPF” means the development permission fee
in accordance with the Development Planning (Fees)
Regulations, 2010 applicable on an application relating to
the illegal development undertaken, or relating only to the
illegal part in the case of an application covering a number of
developments;
“ODZ” means Outside Development Zone and means
development outside the boundary of a temporary provisions
scheme or outside the boundary for development in a local
plan;
“Protected Area” means an area which is protected under
the provisions of the Act or any regulation issued thereunder.
(2) Development under these regulations shall exclude
minor amendments and development notification orders without
notification.
(3) In these regulations any expression defined by the
Act has the same meaning as it has in the Act.
DEVELOPMENT WITHOUT A DEVELOPMENT PERMISSION.
Development not in ODZ
Penalty
Where the DPF is Euro 1000 or less
400% of the DPF
with a minimum of
Euro 100
Where the DPF is between Euro 1000 and 400% of the DPF
Euro2000
Where the DPF is more than Euro 2000
400% of the DPF up
to a maximum of
Euro 50,000
Development in ODZ
Penalty
Where the DPF is Euro 1000 or less
Euro 300+600% of
the DPF with a
minimum of Euro
Where the DPF is between Euro 1000 and Euro 400 +600% of
Euro2000
the DPF
Where the DPF is more than Euro 2000
Euro 500 +600% of
the DPF up to a
maximum of Euro
50,000
Where the development above-mentioned is carried out in a protected area and not
related to development within registered livestock farms, the above-mentioned fine
may be increased by 100%.
Where the Authority gives notice in writing to a person in
accordance with subarticle (1) of article 93 of the Act, the penalty
which is to be notified to such person shall be in accordance
with the schedules to these regulations in terms of the following
regulations.
MINOR OFFENCES AND DEVELOPMENT NOTIFICATION ORDER
The penalty is Euro 150
Where the development above-mentioned is carried out in a protected area and not
related to development within registered livestock farms, the above-mentioned fine
may be increased by 100%.
(1) Where the offence consists in failure to comply
with approved plans or conditions or other obligations imposed by
a development permission, unless such offence falls under Schedule
C to these regulations, the penalties shall be in accordance with
Schedule A to these regulations.
(2) The penalties mentioned in Schedule A to these
regulations shall be paid upon the decision of a development
planning application indicating the need for sanctioning the
offence, and shall be increased by a further 50% if such offence
was not indicated by applicant when the said application was
submitted.
(3) The penalty shall be calculated in relation to the
DPF, as shown in Schedule A to these regulations.
OTHER OFFENCES
Type of offence
Failure to serve a commencement notice or to
serve it within the required time when this is
required
For alterations or extensions
For single dwelling units
For other development
Failure to return Setting Out Request Notice when
this is required
Failure to affix the permit notice when required
when development is taking place
At first instance
For subsequent instances on same site
Failure to obtain a Completion Certificate (certifying
that the development has been carried out in
accordance with the approved plans and with the
conditions imposed on a permission) if imposed in
a condition
Tampering with seals placed by the Authority
Where the development above-mentioned is carried out in a protected area and not
related to development within registered livestock farms, the above-mentioned fine
may be increased by 100%.
€0.72
(1) Where the offence consists of development carried Development without
out without a development permission, unless such offence falls a permission.
under Schedule C to these regulations, the penalties shall be in
accordance with Schedule B to these regulations.
(2) The penalties mentioned in Schedule B to these
regulations shall be paid upon the decision of a development
planning application indicating the need for sanctioning the
offence, and shall be increased by 50% if such offence was not
indicated by applicant when the said application was submitted.
(3) The penalty shall be calculated in relation to the
DPF, as shown in Schedule B to these regulations.
The following offences shall be considered as minor
offences for the purposes of these regulations and shall, unless such
property is within a protected area, be regulated by the penalties
mentioned in Schedule C to these regulations
(a) an extension to a change of use not exceeding 25
square metres, changes to size, style, form and other similar
elements of the facade, excluding timber balconies, where
such changes alter materially the character or context of the
building and its surroundings but does not result in a totally
different facade, and
(b) addition of 36 square metres to a building, provided
that such an addition would not result in the creation of an
additional dwelling unit;
(c) a development notification order with notification.
The offences mentioned in Schedule D to these
regulations shall be regulated by the penalties mentioned therein.