DAILY PENALTY AND ADMINISTRATIVE FINES REGULATIONS

SUBSIDIARY LEGISLATION 552.24

DAILY PENALTY AND

ADMINISTRATIVE FINES REGULATIONS

24th November, 2012 *

LEGAL NOTICE 276 of 2012, as amended by Legal Notice 124 of 2015

and 294 of 2016.

The title of these regulations is the Daily Penalty and

Administrative Fines Regulations.

DATA TAN-NOTIFIKA +

KATE-

0 - 16 il- 17 - 50 il- 51 - 180 il- 181 - 365

366 il-

GORIJA

ġurnata ġurnata

ġurnata il-ġurnata

ġurnata

jew aktar

Kull żvilupp illegali

€2 kull

€2 kull

€2 kull

€4 kull

A

mhux indikat fil-

xejn

jum

jum

jum

jum

Kategoriji B u Ċ

Żvilupp li jaqa fiż-żona

ta’ żvilupp li jikkonsisti

fi

I_) Area mibnija li hi

aktar minn 50 metru

k w a d r u , ħ l i e f s e r e r,

tunnels, cloches agrikoli,

u żvilupp relatat ma’

irziezet reġistrati tal-

annimali; jew

II_) il-ħolqien ta’ unità

se pa ra ta ta’ r esi denza ,

u ff i ċċ j u , k u m m e r ċj al i /

bejgħ, żvilupp li jaqa' taħt

€4 kull

€10 kull

€20 kull

€25 kull

B

xejn

il-Klassi 6, industrijali,

jum

jum

jum

jum

imħażen, btieħi għall-

ħażna ta’ skrapp/vetturi/

impjanti/dgħajjes/

jottijiet, divertiment/

attivitajiet

ta’

rikrejazzjoni, logħob

(gaming), stalla, mħażen

tad-dgħajjes, kamra tax-

xtajta; jew bdil fl-użu;

jew

III_) tabellun jew reklam

li għndu area ta’ reklamar

akbar minn 4 metri

kwadri

AMMINISTRATTIVI

DATA TAN-NOTIFIKA +

KATE-

0 - 16 il- 17 - 50 il- 51 - 180 il- 181 - 365

366 il-

GORIJA

ġurnata ġurnata

ġurnata il-ġurnata

ġurnata

jew aktar

Żvilupp li jikkonsisti fi

I_) kull żvilupp li jaqa’

taħt il-Kategorija B li

jinsab fl-O.D.Z., kif ukoll

żvilupp li jaqa’ taħt il-

Kategorija B(III) li jinsab

f’ U.C.A.; jew

II_) skavar f'’żona

skedata ta’ importanza

arkeoloġika li jkunu ta’

aktar minn footprint area

ta’ 15-il metru kwadru;

jew

III_) it-twaqqiegħ ta’ bini

€10 kull

€20 kull

€40 kull

€50 kull

Ċ

xejn

skedat jew ta’ partijiet

jum

jum

jum

jum

minnu, jew il-ħsara tal-

materjal storiku ġewwa

proprjetà skedata; jew

IV_) it-tqegħid ta’

materjal je w tfie għ ta’

konkos/asfalt/pavimentar

jew skavar/tqattiegħ, fuq

partijiet ta’ art skedata

jew S.A.Cs., liema

partijiet ikunu huma stess

ta’ valur ta' wirt storiku,

li jkunu ta’ aktar minn

f oo t p r i n t a re a ta ’ 7 5

metru kwadru.

Fil-każ li jkun hemm aktar minn illegalità waħda fuq l-istess sit fiż-żmien tal-ħruġ

tal-Avviż biex Tieqaf u ta’ Twettiq, l-ogħla rata għall-iżvilupp illegali li jkun

twettaq wara d-dħul fis-seħħ ta’ dawn id-dispożizzjonijiet, tiġi imposta.

Illegalitajiet bi ksur ta’ Avviżi biex Tieqaf u ta’ Twettieq eżistenti, jiġu meqjusa

individwalment.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Development Planning Act;

"the Authority" means the Planning Authority established under the

Development Planning Act;

"built footprint" means the total area of the whole unit,

including: all rooms; all internal spaces; all external spaces that are

totally enclosed or surrounded by the building, including any such

yards and shafts; and the wall thicknesses (including owned party

wall);

"ODZ" means Outside Development Zone and means

development outside the boundary designated for development in a

local plan;

"protected area" means an area which is protected under the

provisions of the Act or regulations made thereunder;

"SAC" means a special area of conservation or a protected area,

and may either be of national importance or of international

importance;

"scheduled" has the meaning assigned to it by article 81 of the

Act;

"UCA" means an urban conservation area, or an historic area

(village core) as designated in a local plan or other area designated

or scheduled in accordance with the Structure Plan and article 81 of

the Act.

(2) In these regulations any expression defined by the Act has

the same meaning as it has in the Act or regulations made under the

Act.

(1) Where the Authority gives notice in writing to a person

in accordance with article 86 or article 88 of the Environment and

Development Planning Act in relation to an infringement carried

out after the date of coming into force of these regulations, it shall

also notify such a person that he shall be liable to a fine for every

day after sixteen days from the date of notification of the notice as

established and set out in accordance with the provisions of the

*see sub-regulation (2) of regulation 1 of these regulations, as originally promulgated.

Schedule to these regulations.

(2) This penalty shall be levied without prejudice to any other

fine or amount payable to the Authority under the provisions of the

Act, and shall be subject to a maximum penalty of fifty thousand

euro (€50,000)

Provided that if a penalty falls due following the approval

by the Authority of a permit covering the development in respect of

which a notice has been issued, only the accumulated daily penalty

or the sanctioning penalty, whichever is the higher, shall be

imposed

Provided further that if existing illegal development

remains uncovered by a sanctioning development permit, the daily

penalty shall continue to accrue on the unsanctioned illegal

development subject to the maximum penalty of fifty thousand euro

(€50,000).

(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.

(1) Where the notice has been appealed against in

accordance with the provisions of article 86(12) of the

Environment and Development Planning Act, and the notice has

been confirmed by the Environment and Planning Review Tribunal

or the Court of Appeal, as the case may be, the penalty is due from

such person with effect from after sixteen days following the date

of the notification of the notice in accordance with the provisions

of the Act.

(2) Where the person served with the notice submits an

application in accordance with the provisions of article 86(9) of the

Environment and Development Planning Act, the penalty is due

from such person, upon the determination of such application, with

effect from after sixteen days following the date of the notification

o f t h e n o t i c e i n ac c o r d a n c e w i th t h e p r o v i s io n s of t h e Ac t

irrespective of whether such application has been approved,

refused or dismissed.

The Environment and Planning Review Tribunal shall

examine petitions received by it and shall only accede to a petition

in part or in whole when there are impelling reasons for it to do so,

such as

(a) humanitarian reasons attenuating the circumstances

relating to the commission of the scheduled offence;

and

(b) when the issue of the charge or of the notice under

article 86(14) of the Environment and Development

Planning Act or the nature thereof is manifestly unjust

and, or oppressive, and, or manifestly disproportionate

considering the nature and facts of the case.

(1) The Authority shall examine formal written requests

from persons served with a notice under article 86 or article 88 of

the Environment and Development Planning 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 Environment and Development

Planning 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.

DAILY PENALTY AND ADMINISTRATIVE FINES

DAILY FINES SCHEDULE

NOTIFICATION DATE +

CATE-

0 - 16

17 - 50

51 - 180 181 - 365

366 days

GORY

days

days

days

days

+

All illegal development

A

not covered in Categories

nil

€2 daily

€2 daily

€2 daily

€4 daily

B and C

Development within the

d ev elop ment zon e th at

consists of

I_) a built footprint that

exceeds 50m 2 , except for

greenhouses, agricultural

tunnels/clochés, and

development related to

registered livestock

farms; or

II_) the creation of a

separate unit of a

residential, office,

B

nil

€4 daily

€10 daily

€20 daily €25 daily

commercial/retail, Class

6,

industrial,

warehousing, open scrap/

vehicular/machinery/

boat/yacht storage,

entertainment/leisure,

gaming,

stable,

boathouse, beachroom

nature; or changes of use;

or

III_) a billboard or advert

that has a display area of

>4m 2

DAILY PENALTY AND ADMINISTRATIVE FINES

NOTIFICATION DATE +

CATE-

0 - 16

17 - 50

51 - 180 181 - 365

366 days

GORY

days

days

days

days

+

Development

that

consists of

I_) all development

covered in Category B

that is located O.D.Z., as

well as development

covered in B(III_) that is

located in an U.C.A.; or

II_) excavations in a

scheduled Area of

Archaeological

Importance that exceed a

footprint area of 15m2; or

III_) the demolition of

C

nil

€10 daily

€20 daily

€40 daily €50 daily

scheduled buildings or

parts thereof, or the

damaging of historic

fabric within scheduled

property; or

I V _ ) t h e d e p o si t i o n o f

material or concreting/

asphalting/paving or

excavations/quarrying,

over parts of scheduled

land or S.A.C.s, which

parts are themselves of

na tural heritage va lue,

that exceed a footprint

area of 75m 2 .

In case of multiple illegalities on the same site at time of issue of an Enforcement

Notice, the highest rate for the illegal development carried out after the coming into

effect of these provisions, will be imposed.

Illegalities in breach of existing Enforcement Notices, will be considered

individually and additionally.