Daily Penalty (Amendment) Regulations, 2015

L.N. 124 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Daily Penalty (Amendment) Regulations, 2015

IN EXERCISE of the powers conferred by articles 61 and 62 of

the Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change and

the Parliamentary Secretary for Planning and Simplification of

Administrative Processes, after consultation with the Malta

Environment and Planning Authority and with the concurrence of the

Minister responsible for Finance, have made the following

regulations:-

The title of these regulations is the Daily Penalty Citation.

(Amendment) Regulations, 2015, and these regulations shall be read

and construed as one with the Daily Penalty Regulations, hereinafter S.L. 504.111

referred to as "the principal regulations".

Immediately after regulation 5 of the principal regulations, Adds new

regulation to the

there shall be added the following new regulation

principal

regulations.

" Requests to

(1)

The Authority shall examine

the Authority

formal written requests from persons served

to pay

with a notice under article 86 or article 88 of the

compromise

penalties.

Act who have become liable to a penalty

established by the notice, to pay a compromise

penalty instead. Any such request shall specify

the impelling reason or reasons why the penalty

established in the notice should not be paid, as

well as the manner in which the fine is to be

varied.

(2) The Authority may accede to the

request in part or in whole when there are

impelling reasons for it to do so and may

establish different periods for the applicability of

the daily penalty from that specified in the

notice.

(3) When an agreement on a compromise

penalty has been reached between the Authority

and the person making the request to pay the

compromise penalty, the Tribunal shall not

consider petitions submitted under regulation 5

in relation to the same penalty.

(4) The Authority may, with the approval

of the Minister, delegate the examination of the

formal written requests described under sub-

regulation (1) to a sub-committee composed of

three of its members, one of whom shall be

either the Chairman of the Authority or one of

the chairpersons of the Environment and

Planning Commission, who shall chair the sub-

committee. The provisions of Schedule 1 of the

Act shall mutatis mutandis apply to this sub-

committee and its decisions shall be construed as

decisions of the Authority for the purposes of the

Act and any subsidiary legislation made

thereunder. The sub-committee shall report to

the Authority at least every three months.".

€0.18