Daily Penalties (Amendment) Regulations, 2016

L.N. 294 of 2016

DEVELOPMENT PLANNING ACT

(CAP. 552)

Daily Penalties (Amendment) Regulations, 2016

IN EXERCISE of the powers conferred by articles 85(2)(a) of

the Development Planning Act, the Parliamentary Secretary for

Planning and the Simplification of Administrative Processes, in

consultation with the Planning Authority, has made the following

regulations:-

The title of these regulations is the Daily Penalty Citation.

(Amendment) Regulations, 2016, and these regulations shall be read

and construed as one with the Daily Penalty Regulations, hereinafter S.L. 552.24

referred to as "the principal regulations".

In regulation 1 and in the title of the principal regulations, Amends

immediately after the words "Daily Penalty" there shall be added the regulation

the title of the

words "and Administrative Fines".

principal

regulations.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

for the definition "the Act" there shall be

substituted the following

" "the Act" means the Development Planning Act;"

and

(b)

for the definition "the Authority" there shall be

substituted the following

" "the Authority" means the Planning Authority

established under the Development Planning Act;".

Immediately after the second proviso to sub-regulation (2) Amends

of regulation 3 of the principal regulations, there shall be added the regulation

the principal

following new sub-regulation

regulations.

"(3)

(a) Where the Planning Authority gives notice

in writing to a person in accordance with articles 97 or 99 of the

Act in relation to an infringement regarding development at sea,

it may also notify such person that he shall be liable to an

administrative fine in terms of article 103(6) of the Act, up to

but not exceeding two thousand euro (€2000) per day, as

determined by the Authority in terms of article 97(7) of the Act.

(b) This administrative fine may be levied

without prejudice to any penalties which may be imposed under

the provisions of sub-regulations (1) and (2) of this regulation

and to any sanctioning penalty which may be due following the

approval by the Authority of a permit covering the development

at sea in respect of which a notice has been issued, and shall be

subject to a maximum fine of two hundred thousand euro

(€200,000) in the aggregate."

€0.18