ENVIRONMENT AND DEVELOPMENT PLANNING ACT (REPEAL AND APPLICABILITY) REGULATIONS (repealandapplicability)

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(REPEAL AND APPLICABILITY)

SUBSIDIARY LEGISLATION 552.17

ENVIRONMENT AND DEVELOPMENT

PLANNING ACT (REPEAL AND

APPLICABILITY) REGULATIONS

1st April, 2016

LEGAL NOTICE 107 of 2016.

The title of these regulations is the Environment and

Development Planning Act (Repeal and Applicability) Regulations.

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Environment and Development Planning Act shall be repealed.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

and 59 of the Environment and Development Planning Act shall

remain in force and be applicable in so far as they relate to plans,

policies, management plans and regulations in regards to which a

draft has been published by the 3rd of April 2016 for public

consultation.

The provisions of article 62 of the Environment and

Development Planning Act shall remain in force and be applicable

in so far as it relates to regulations which have been published and

have not yet been brought into force by the 3rd of April 2016.

The provisions of article 65 of the Environment and

Development Planning Act shall remain in force and be applicable

in so far as it relates to requests by applicants for Environment and

Development Briefs submitted to the Malta Environment and

Planning Authority and which have not been determined by the 3rd

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(REPEAL AND APPLICABILITY)

of April 2016.

The provisions of articles 69, 78, 81, 82, 86 to 90, 93 and

96 of, and Schedules 1, 2, 6 and 7 to, the Environment and

Development Planning Act shall remain in force and be applicable

in so far as they relate to

(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

s u c c e e d ed i n t h e f u n c t i o n s o f t h e Tr i b u n a l i n t e r m s o f t h e

Environment and Planning Review Tribunal Act and before any

other Court, Tribunal, arbitration and other adjudicating authority.

The provisions of articles 70 to 76 of, and Schedule 6 to,

the Environment and Development Planning Act shall remain in

force and be applicable in so far as they relate to development

applications which have been validated by the date of the coming

into force of the Legal Notice which replaces the Development

Planning (Procedure 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.