MT
and Applicability) Regulations, 2016
Table of Provisions (13)
Statutory Text (13 Articles)
L.N. 107 of 2016
DEVELOPMENT PLANNING ACT
(CAP. 552)
ENVIRONMENT PROTECTION ACT
(CAP. 549)
Environment and Development Planning Act (Repeal
and Applicability) Regulations, 2016
IN EXERCISE of the powers conferred by article 35 of the
Development Planning Act, and in exercise of the powers conferred
by article 87 of the Environment Protection Act, the Minister
responsible for Sustainable Development, the Environment and
Climate Change and the Parliamentary Secretary responsible for
Planning and Simplification of Administrative Processes have made
the following regulations with regard to the repeal and applicability
of the provisions of the Environment and Development Planning Act,
Cap. 504:-
The title of these regulations is the Environment and
Development Planning Act (Repeal and Applicability) Regulations,
2016.
The 4th of April, 2016 has been established as the date
when the provisions of articles 3 to 20, 22 to 40, 44, 45, 46, 50, 54,
55, 60, 61, 63, 68, 83, 84, 85 of, and Schedules 3 to 4 to, the
Environment and Development Planning Act shall be repealed.
The provisions of article 41 of the Environment and
Development Planning Act shall remain in force and be applicable
(a)
to all pending appeals currently before the Tribunal
and before the Environment and Planning Review Tribunal
which has succeeded in the functions of the Tribunal in terms of
the Environment and Planning Review Tribunal Act; and
(b)
to any other appeal which may be submitted from
all decisions of the Malta Environment and Planning Authority
given up to and including the 3rd of April 2016; and
(c)
to any other appeals currently before the Court of
Appeal (Inferior Jurisdiction) and any appeals which may be
submitted from all decisions of the Malta Environment and
Planning Authority given up to and including the 3rd of April
2016.
The provisions of articles 47, 48, 49, 51, 52, 53, 56, 57, 58 Applicability of
and 59 of the Environment and Development Planning Act shall other
the Environment
remain in force and be applicable in so far as they relate to plans, and
Development
policies, management plans and regulations in regards to which a Planning Act.
draft has been published by the 3rd of April 2016 for public Cap. 504.
consultation.
The provisions of article 62 of the Environment and Applicability of
Development Planning Act shall remain in force and be applicable in article
Environment
so far as it relates to regulations which have been published and have and
Development
not yet been brought into force by the 3rd of April 2016.
Planning Act.
The provisions of article 65 of the Environment and Applicability of
Development Planning Act shall remain in force and be applicable in article
Environment
so far as it relates to requests by applicants for Environment and and
Development
Development Briefs submitted to the Malta Environment and Planning Act.
Planning Authority and which have not been determined by the 3rd of Cap. 504.
April 2016.
The provisions of articles 69, 78, 81, 82, 86 to 90, 93 and Applicability of
96 of, and Schedules 1, 2, 6 and 7 to, the Environment and other
the Environment
Development Planning Act shall remain in force and be applicable in and
Development
so far as they relate to
Planning Act.
(a)
current pending proceedings and litigation, and
(b)
proceedings and litigation from all decisions of the
Malta Environment and Planning Authority given up to and
including the 3rd of April 2016,
before the Environment and Planning Review Tribunal which has
succeeded in the functions of the Tribunal in terms of the
Environment and Planning Review Tribunal Act and before any other Cap. 551.
Court, Tribunal, arbitration and other adjudicating authority.
The provisions of articles 70 to 76 of, and Schedule 6 to, Applicability of
the Environment and Development Planning Act shall remain in force other
the Environment
and be applicable in so far as they relate to development applications and
Development
which have been validated by the date of the coming into force of the Planning Act.
Legal Notice which replaces the Development Planning (Procedure Cap. 504.
for Applications and their Determination) Regulations, 2010.
The provisions of article 77 shall remain in force and be
applicable in so far as it relates to procedures for revocation and
modification of permissions, licenses or authorizations, including any
clearance issued by the Malta Environment and Planning Authority
under an order, which have already commenced by the 3rd of April
2016.
The provisions of articles 91 and 92 of, and Schedule 8 to,
the Environment and Development Planning Act shall remain in force
and be applicable in so far as they relate to notices issued under
Category A of the Eighth Schedule and concessions issued under
Category B of the Eighth Schedule to the Act and to requests for such
notices and concessions which have not been determined by the 3rd
of April 2016.
The provisions of articles 94 and 95 of the Environment
and Development Planning Act shall remain in force and be
applicable in so far as they relate to
(a)
current proceedings before the Court of
Magistrates (Malta) or the Court of Magistrates (Gozo) and the
Court of Criminal Appeal in relation to the Environment and
Development Planning Act; and
(b)
proceedings instituted for offences carried out by
the 3rd of April 2016 in breach of the Environment and
Development Planning Act.
The Minister responsible for Sustainable Development, the
Environment and Climate Change and the Parliamentary Secretary
responsible for Planning and Simplification of Administrative
Processes may establish further dates with regard to the repeal of the
remaining provisions of the Environment and Development Planning
Act.
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