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Maltese Laws |
ARRANGEMENT OF ACT
Articles
Part I Preliminary 1 - 2
Part II Duty to Protect the Environment 3 - 5
Part III
1 Administration 6 - 33
2 Committees, Commissions, Boards and Tribunals 34 - 43
3 Common Provisions 44 - 46
Part IV Environment and Development Planning
1 Plans and policies 47 - 50
2 Strategic Plan for the Environment and Development 51 - 53
3 Subsidiary Plans and Policies 54 - 59
4 Regulations and Orders 60 - 64
5 Environment and Development Brief 65
Part V Environment Protection and Development Control
1 Requirement of licences and permission 66 - 76
2 Revocation or modification of permission, licence or authorisation and Discontinuance or Removal Orders
77 - 78
3 Charges and contribution 79 - 80
4 Scheduling and Conservation 81 - 82
Part VI Powers of the Authority and Enforcement of Control
1 Right of Entry 83
2 Enforcement of Control 84 - 93
Part VII Offences 94 - 95
Part VIII Miscellaneous 96 - 97
SCHEDULES
First Schedule Provisions with respect to the Authority and the Environment and
Planning Commission
Second Schedule Proceedings before the Environment and Planning Review Tribunal and appeals therefrom
Third Schedule The Directorates of the Authority
Fourth Schedule The Standing Committee on Environment and Development Planning
Fifth Schedule The Registration Board
Sixth Schedule Applications which fall under the provisions of article 70
Seventh Schedule
Eighth Schedule
ENVIRONMENT AND DEVELOPMENT PLANNING ACT
To protect the environment, to make provision for the planning and management of development and for the establishment of an authority with powers to that effect and for matters connected therewith or ancillary thereto.
30th November, 2010*
31st December, 2010†
11th March, 2011‡
17th February, 2012§
ACT X of 2010, as amended by Legal Notice 57 of 2011.
PART I
Preliminary
Short title. 1. The short title of this Act is the Environment and
Development Planning Act.
Interpretation. 2. In this Act, unless the context otherwise requires:
"advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated
or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, including any
boarding or si m i l a r structure used or adapt e d for use fo r the di splay of advertisements;
"agency of Government" means a body corporate established by law and a com p any in which the Govern m e nt or such body
corporate, or a combination thereof has a controlling interest or which is a subsidiary of such a company;
"application" means a permission or licence application;
"appl icati on repor t" means the fi nal permission or li cence application report;
"t he A u t horit y" m eans the Malt a En viron m en t an d Pl anni ng A ut horit y establ ish ed und er articl e 6 an d
incl ud es an y b od y o r other person acting on its behalf under powers delegated by the Authority under this Act, and the Minister
may, by order in the Gazette, designate diff erent bodies or persons as a compet ent authority for different provisions and different
purposes of this Act or any regulations made thereunder;
"biological diver sity" or "biodiversity" m eans the variability am ong livin g organisms from all so urces, i
n cludi ng i n ter al ia, terrestrial, marine and other aquatic ecosystems and the ecological
*See article 1(2) of the Act, as originally enacted, and Legal Notice 511 of 2010.
†See article 1(2) of the Act, as originally enacted, and Legal Notice 511 of 2010.
‡See article 1(2) of the Act, as originally enacted, and Legal Notice 91 of 2011.
§See article 1(2) of the Act, as originally enacted, and Legal Notice 78 of 2012.
complexes of which they are part, and includes diversity within species, between species and of ecosystems;
"building" includes any structure or erection and any part of a building, but does not include plant or machinery comprised
in a building;
"building or work" includes waste materials, refuse and other matters deposited on land;
"building operations" includes rebuilding operations, structural al terati ons of or ad diti ons to build ings, and o t
her o p eratio ns normally undertaken by a person carrying on business as a builder;
"the C h a i rman of the Board" means the Chairman of the
Authority appointed in terms of article 6;
"the Chief Executive Officer" means the officer appointed under the provisions of article 13;
"conservation" in relation to environment protection means a series of measures required to mai n tain or restore the n
a tural habitats and the population of species of wild fauna and flora at a favou rabl e status and fo r cultural h e rit a ge means
any activit y required to maximize the endurance or minimize the deterioration of any cultural property as far as possible and includes
examining, t e sting, t r eating, record ing a nd p r eservi ng any such cu ltural property or any part thereof;
"the Commission" means the Environment Planning Commission established under article 35;
"derivatives" means parts of any specimen, whether processed by man or not;
"d ev elo p ment p e rmissi on " means a permi ssion t o car r y ou t development granted by the Authority either on an
application in that behalf or in a development order;
"di s ch arg e " inclu d es emi s si on , depo si t, d u mp ing , di sp osal, addition or introduction into the environment
of a substance or energ y, d i rectly or i ndi rect ly from any po int sou r ce or diff use so urce, whet her stati onary or mo bil
e , and whet her caused or permitted intentionally or otherwise and whether continuous or intermittent or once only;
"energy" includes all types of radiation formi ng part of the electromagnetic energy s p ectrum, or resu l t i n g f r o
m a nu cl ear source, as well as all vibrations and noise;
"engineering operations" includes any physical changes to the land surface to the site topography, or the formation or laying
out of roads and of means of access to roads;
"environment" means the whole of the elements and conditions, na tu ral or man made, existing on earth, whethe r toge ther
or in isolation, and in particular:
(a) the air, water and land;
(b) all the layers of the atmosphere;
(c) all organic and inorganic matter and all living
organisms;
(d) all ecosystems; and
(e) the landscape;
"erection" in relation to buildings, includes extension, alteration and re-erection;
"fauna" means all types of animals and other biota including akaryotes, prokaryotes and eukaryotes, dead or alive, in whole
or in part and their derivatives;
"flora" m e an s al l typ e s of plant s an d oth e r bio t a inclu d ing akaryotes, prokaryotes and eukaryotes, dead or
alive, in whole or in part and their derivatives;
"functions" includes responsibilities, powers and duties;
"genetically modified organism" means any of the following:
(a) an organism derived from the formation of a combination of genetic material by any means other than natural means;
(b) an organism inheriting such combination of genetic material;
(c) an organism that results from the replication of an organism as derived in paragraph (a); or
(d) such other organism as may be prescribed by the
Minister under this Act;
"land" includes a building;
Cap. 363. "local council" means a local council established under the Local
Councils Act;
"minerals" includes all minerals and substances (including oil and natural gas) in or under land of a kind ordinarily worked
for removal by underground or surface working;
"the M i nister" me ans the Mi nister responsible for the environment;
"natural resources" means any component of nature and includes air, water, land, soil s, m i neral s , energ y, liv ing
organi sm s and genetic resources;
"owner" means -
(a) a person who in his own right or as agent for another is entitled to receive the rent of the land or, where the land is not let,
would be so entitled if it were let;
(b) where the land is subject to usufruct, bare owner or usufructuary;
(c) an emphyteuta;
(d) any one of the spouses, where the land to which the development relates forms part of the community of acquests;
"plan" means a plan approved in accordance with the provisions of the Act;
" p olicy" mea n s a policy a p proved in accorda n c e with the provisions of the Act;
"pollution" means the direct or indirect introduction by man, or due to n a tu ral p r o cesses, i n to the environment
of substances, organism, genetic m aterial or energy that cause or are likely to cause hazard to human h e alth, harm to living reso
urces or t o ecosys t ems , or damage to amenit i e s, or int e r f ere wi th ot her legitimate uses of the environment;
"p osit ion st at em en t" means a st atement issued by either the Minister or the Authority in order to provide a detailed
technical explanation justifying a position with respect to a specific planning issue;
" p reca utionary princ i ple" me ans the principle where b y appropriate measures are taken to protect the environment
and to ensure sustainable management of natural resources in the absence of absolute o r conclusive scientifi c proof of t h e need
for su ch measures;
"prescribed" means prescribed by regulation, rule, order or other instrument m a d e as provid e d in the provi sions of
this Act empowering the making of any such instrument;
"public officer" has the meaning assigned to it by article 124 of the Constitution;
"road" means any highway or road, whether public or private, and includes any street, square, court, alley, lane, bridge,
footway, passage or quay, whether thoroughfare or not;
"scheduled buildings" has the meaning assigned to it by article
81;
"specimen" means any species, whether alive or dead, any part or deri vati ve t h ereof, an d i n clu d es any go ods which
from an accom panying d ocument, the packaging, mark or l ab el or from other circumstances appear to be parts or derivatives of
animals or plants;
"S t a nd in g Com m i t t ee" m eans the S t an di ng Co mm it tee on Environment and Development Planning established
in terms of article 34;
"subsidiary plans" i ncludes subject pl an s, local plans, action plans or management plans;
"substances" means any matter, chemical, mixture, compound or product and including fuels, combinations of elements, mixtures
or compounds of a chemical rea c tio n, a s well as the mixture of substances of different molecular identities;
"Temporary Provisions Schemes" means a planning schem e prepared and approved in accordance with the Building Permits (Temporary
Provisions) Act*;
"T ribunal" means the Enviro nment and Planning Review
Tribunal established under the provisions of article 40 of the Act;
*repealed by Act I of 1992.
"use", in relation to land, does not include the use of land by the carry ing out of an y bu ild ing , engi neeri ng, m
i n i ng or ot her operations thereon;
"waste" means any thing, substance or object which the holder discards or intends to discard, or is required to keep in
order to discard, and includes such other thing, substance or object as the Minister may prescribe.
Duty of every person to protect the environment.
Duty of Government to protect the environment.
PART II
Duty to Protect the Environment
(a) to manage the environment in a sustainable manner by integrating and giving due consideration to environmental
concerns in decisions on socio- economic and other policies;
(b) to take such preventive and remedial measures as may be necessary to address and abate the problem of pollution and
any other form of environmental degradation in Malta and beyond, in accordance with the polluter pays principle
and the precautionary principle;
(c) to collaborate with other governments and entities in the protection of the global environment;
(d) to disseminate information on the environment and to facilitate the participation of the public in decisions that affect the
environment;
(e) to apply scientific and technical knowledge and resources in determining matters that affect the environment;
(f) to ensure the sustainable management of wastes and to promote its reduction and the proper use, re-use and recovery of matter
and energy;
(g) to safeguard biological diversity; (h) to combat all forms of pollution;
(i) to consider the environment as the common heritage and common concern of mankind; and
(j) to provide incentives leading to a higher level of environmental protection.
Application of articles 3 and 4.
p r ov ision s of t h is Act or of an y o t her l a w relatin g to matters governed by this Act.
PART III
1. Administration
(2) Save as hereinafter provided, the members of the Authority shall be appointed by the Prime Minister as follows:
(a) not more than three public officers representing the Government being persons who have experience or qualifications in
matters concerning any of the following: planning, the environment, the infrastructure, social policy
in so far as it relates to land use, economic affairs, agriculture, tourism and transport;
(b) not more than eight members (hereinafter called the "independent members") shall be chosen from amongst
persons of known integrity and with knowledge of and experience in:
(i) the Environmental Voluntary Organisations sector and, or civil society;
(ii) commerce, economy and industry; (iii) cultural heritage;
(iv) and the rest being persons with knowledge of and experience in matters relating to environment,
development, social and community affairs.
(c)* two members who shall be chosen form amongst the chairpersons of the Environment and Planning Commission;
(d)* two members who shall be members of the House of Representatives and of which one shall be appointed by the Prime Minister and
the other by the Leader of the Opposition:
Provided that the Authority shall be properly constituted and may function notwithstanding any failure to appoint either or both members
of the Authority under this sub-article.
(3) The chairman of the Authority shall be chosen by the Prime Minister from amongst the independent members of the Authority,
and may occupy any other post within the Authority, whereas the ch ai rpersons of t h e Env i ronm ent and Planning Comm ission
appointed as Me mbers of the Au t h o r i t y sh al l be ap po in te d as
Establishment of the Malta Environment and Planning Authority.
*when originally enacted, paragraphs (c) and (d) were mistakenly enacted as sub- articles (3) and (4). As a consequence of the correction made under the Statute Law Revision Act, 1980, sub-articles (5) to (12), both included, as originally enacted, have been re-numbered as sub-articles (3) to (10).
Deputy chairpersons.
(4) Save as provided in sub-article (2), no person shall be qualified to be appointed as, or remain, a member of the Authority
if he:
Cap. 386.
(a) is a public officer:
Provided that the Chairman and the Chairperson of the Environment and Planning Commission, shall not be considered as public officers
for the purposes of this sub-article;
(b) is an employee of any department, agency, Corporation or Authority of the Government, provided that for the
purposes of this paragraph a member of the academic staff of the University shall be excluded;
(c) is a Minister, Parliamentary Secretary or a member of the House of Representatives, of the European Parliament,
or of a local council;
(d) is a judge or magistrate of the courts of justice; or
(e) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as
a member of the Authority:
Provided that the Minister may determine that the person’s interest is not likely to affect the discharge of his functions
and upon such determination that person shall be qualified to hold the office of member of the Authority provided that the declared
interest and the Minister ’s determination are published in the Gazette; or
(f) is interdicted or incapacitated; or
(g) is convicted of an offence affecting public trust, or of theft or fraud, or of knowingly receiving property obtained by
theft or fraud or of bribery or of money laundering; or
(h) is subject to disqualification under article 320 of the
Companies Act.
(5) The independent members shall hold office for such period, being not less than three years, as may be specified in the letter
appointing them and if no such period is specified shall remain in o ffice fo r th ree yea rs. In det erm in in g su ch perio d
of office the Prime Minister shall, as far as practicable, ensure a measure of rotation.
(6) Without prejudice to the provisions of sub-article (4), the independent members may resign by letter addressed to the Prime
Minister but may not be removed from office except by a resolution of the House of Representatives on the ground of misconduct or
inability to perform the duties of their office.
(7) The other members of the Authority shall hold office until they are replaced by the Prime Minister, and as long as they remain
public officers or members of the House, as the case may require. Members o f the Ho use may also resi gn fro m of fice by l e
tt er
addressed to the authority appointing them.
(8) A person who has ceased to be a member of the Authority shall if he is otherwise qualified, be eligible for reappointment;
but no person shall in the aggregate be a member of the Authority for more than seven consecutive years.
(9) The provisions of the First Schedule shall apply to the
Authority and regulate its proceedings.
(10) The Authority shall transmit a copy of the agenda, minutes and relative en closures of its me etings to the Min i ster for his
information.
(2) The legal and judicial representation of the Authority shall jointly vest in the Chairperson and the Chief Executive Officer:
Provided that the Authority may appoint any one or more of its other members or any one or more of its officers or employees to appear
in t h e name and on b e h a lf of t h e Authority in any proceedings and in any act, contract, instrument or other document whatsoever,
or in the case of any vacancy in the post of Chairman or Chief Executive Officer.
(3) In the absence of the chairman, or if the chairman is unable to perform the functions of his office, whether under this or
any other provision of this Act, any one of the deputy chairpersons shall perform those functions and shall rotate the chairmanship
of the Authority between them as far as practical.
Authority to be body corporate.
Government shall implement its duties under this Act.
(2) The functions of the Authority shall be the following:
(a) to perform and succeed in the functions, assets, rights, liabilities and obligations of the competent authority established
under the provisions of article 3 of the Development Planning Act* and article 6 of the Environment Protection Act*;
(b) the formulation and implementation of policies relating to the promotion of sustainable development, protection and
management of the environment and the sustainable management of natural resources, and on such other matters as may be
necessary for the better carrying out of the provisions of this Act;
Functions of the
Authority.
Cap. 356. Cap. 435.
*although these two Acts were repealed by article 97(1) of this Act, they are still reproduced in the Revised Edition of the Laws of Malta, as a consequence of this paragraph.
(c) the promotion of proper planning and sustainable development of land and at sea, both public and private;
(d) the control of such development in accordance with plans and policies approved in terms of this Act;
(e) the carrying out of national mapping, including carrying out land surveys of specific areas and keeping up to date
the national geographical database to undertake the functions mentioned in this sub-article;
(f) the regulation of alignment and levelling schemes and their interpretation on site.
(3) In carrying out its functions under sub-article (2) the
Authority shall:
(a) seek to co-operate or to make arrangements with other entities or persons to enable it to better monitor the implementation
of and compliance with the provisions of this Act;
(b) establish long and short term objectives and strategies; (c) make or advise the Minister on the making of
environmental standards, guidelines and the making of
regulations under this Act as well as on the formulation and implementation of contingency and emergency plans to
safeguard the environment;
(d) issue any licence or permit that may be required by or under this Act under such conditions as it may, subject to any other provision
of this or any other law, deem necessary to control and manage activities having an impact on the environment;
(e) establish threshold levels of discharge from production, management, use, possession or any other activity
involving products, substances and the production of or use of energy;
(f) monitor the quality of the environment and for such purpose establish methodologies, maintain and disseminate
information related to the environment; and
(g) publish, at intervals not exceeding three years, a report on the state of the environment.
(4) For these purposes, and subject to the provisions of this
Act, the Authority shall be responsible for:
(a) ensuring that environmental audits and environmental assessments as may be prescribed are properly carried out;
(b) the preparation of the plans and policies including any other matter ancillary, incidental or conducive thereto, and the updating
thereof following their approval in terms of this Act;
(c) the conduct of consultations with Government
departments, non-governmental organizations, private organisations and international organizations and other persons relating to environmental
protections and the sustainable management of the environment and natural resources and planning, and to undertake and
promote research on such matters;
(d) the provision of support and advisory services relating to environment protection, to Government and local authorities in
relation to the performance of their functions;
(e) the provision of, either alone or in collaboration with others, education, training and public awareness programmes
relating to environmental protection, and the sustainable management of the environment and natural resources;
(f) the publication and updating, as circumstances may warrant, of an official manual containing such matters as the Minister
may prescribe and which shall be made available to the public, provided that:
(i) no policy or amendment thereto approved in terms of sub-article (2)(b) shall have effect unless it is approved in accordance with the provisions of this Act and published in the official
manual;
(ii) a policy or an amendment thereto, as the case may be, shall be published in the official manual within one month from the
date of its approval in terms of this Act;
(iii) the official manual may be published and updated in electronic form or in any other format as the Authority may
approve;
(g) the performance of such other functions as may from time to time be assigned to it by the Minister, including the functions
required to give effect to any international obligation entered into by Malta relative to matters regulated by this Act.
(5) In the execution of its functions under Part III and Part IV, the Authority shall consult with the Minister, and it shall have
and may exercise all or any one or more of the powers vested in it or entrusted to it by this Act.
(6) The Authority may also exercise all powers of control over the environ ment and d ev elo pment as may f rom tim e t o tim e
be deleg a ted to it in writ ing by t h e Mi ni st er on beha lf of any department or agency of Government.
(7) It shall be the Minister ’s function to ensure that the Authority is fully informed of Government’s strategic
directions relative to development, and to monitor the proper execution of such policies.
(8) The Authority shall execute its duties, functions and responsibili ties in accordance wi th Gov e rnment’s strategic
directions relating to development and the environment as well as such polic ies relating to the e n vironme n t as are a p plicable
to Malta.
(9) In the pursuance of its functions under this Act, the Authority shall, as far as possible, make reference to European
best practices and emulate them.
(10) The Authority shall also ensure that it keeps an audit trail of all its files, including all documentation and reports.
Delegation of power.
Cap. 389.
Appointment of advisory boards and committees.
Conduct of the affairs of the Authority.
9. Saving the provisions of article 72 and subject to retaining overall control and su pervi s ion, and otherwise observing the provisions of this Act, the Authority may, with the approval of the Minister, delegate any one or more of its functions under this Act under such conditions as it may deem appropriate. In particular, but without prejudice to the generality of the foregoing, the Authority may delegate as aforesaid to, or exercise concurrently with, the Commissioner of Police, or any local council, or any other body, authority or contractor, any of the functions vested in it in terms of Part VI and the Authority shall also have the power to delegate any o f its e n fo rcem ent po wers, incl udi ng th e lev y in g o f penal t i e s established in this Act, to local wardens appointed in terms of the provisions of the Private Guards and Local Wardens Act in terms of such procedure as the Minister may in agreement with the Minister responsib le for local coun cils p r escri b e. Not i ce of any such delegation shall be published in the Gazette.
(2) The Authority and each of the Directorates may exercise any one or more of their functions or responsibilities either directly
or through any of their officers or employees authorised for the purpose.
(3) Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be given
to the Authority, any such thing or notice may also be done by or against or with respect to or be given to the Directorates under
whose jurisdiction the matter falls by reason of a delegation of function to such Directorate; and for the purposes aforesaid any
reference in this Act to the Authority includes a reference to the appropriate Directorate.
(2) The Authority shall in writing vest in the Directorates estab lished und er sub - art i cl e (1 ) an d subject to the
overal l supervision and control of the Authority and of the Chief Executive Officer, such of its functions as relate or are ancillary
to the matters for which they are responsible as will enable the said Directorates to give effect to the strategies, policies and
directives of the Authority and to otherwise discharge effectively and efficiently the functions of the Authority in their respective
areas of operation.
(3) Each of the Directorates established under sub-article (1) sh al l b e headed by a person hav i ng adequ a t e ex peri en
ce o r knowledge in the respective area of operation who shall either be a public officer detailed for duty with the Authority or
any employee of the Authority, or a person detailed to work for the Authority in accordance with an agreement made between the Authority
and a public or private undertaking.
(4) Such Directors shall be appointed by the Authority with the approval of the Minister for a period of three years which may
be extended for further periods of three years each.
Establishment of
Directorates.
(2) The Chief Executive Officer shall be responsible for the implementation of the objectives of the Authority in the exercise
of i t s f uncti on s and wi tho u t prej udi ce to the generalit y of the foregoing shall -
(a) assume full responsibility for the overall supervision and control of the Directorates;
(b) with the approval of the Authority, assign to the Directorates such duties which are by, or in accordance with, the
provisions of this Act vested in such Directorates;
(c) co-ordinate the workings of the Directorates;
(d) develop the necessary strategies for the implementation of the objectives of the Authority;
(e) advise the Authority on any matter it may refer to him or on any matter on which he considers his advice necessary or
expedient; and
(f) carry out such other functions and duties as the
Authority may assign to him from time to time.
(3) The Chief Executive Officer may be dismissed by the Authority at any time for a just cause and it shall be a just cause
if the Authority determines that he has not achieved the targets and objectives set for him by the Authority.
Appointment of Chief Executive Officer.
Other matters relating to officers of the Authority.
Provided that the Authority may if it so deems fit, require the Chief Executive Officer or any of the Directors not to attend any
of the meetings or any part of a meeting.
(2) The Authority shall also appoint one of its officers to act as secretary of the Authority. The secretary shall have the duty
of calling meetings and keeping minutes and such other duties as the Chairman may delegate to him.
(3) The Authority shall also appoint one of its officers as the
Internal Auditor. The Internal Auditor shall:
(a) provide oversight of the systems of internal control and risk management of the Authority and to assist and support the
Authority in discharging its responsibilities in relation thereto;
(b) provide the communication link with external auditors and to evaluate and coordinate the audit and financial reporting process
of the Authority;
(c) scrutinize and evaluate any transaction to be entered into by the Authority with a value exceeding two hundred and fifty
thousand euro (€250,000); and
(d) review and assess the effectiveness of the management of the Authority in its compliance with policies and in the discharge
of its regulatory and compliance functions.
(4) The Internal Auditor shall report directly and exclusively to the Authority in accordance with procedures established by the
Authority.
Staff appointments. 15. (1) Subject to the provisions of the Constitution, any other enactment applicable thereto, and without prejudice to the other provisio n s of t h is Act, the em ploym ent and appoin tment of officials and other employees of the Authority shall be made by the Authority and the terms and conditions of their employment and ap poi ntment shall be establi s hed b y t h e Au tho r it y w ith th e concurrence of the Minister.
(2) The Authority may, with the approval of the Minister given after consultation with the Mini st er responsible for finance, establish a scheme or schemes, whether by contributory or non- contributory arrangements or partly by one and partly by the other, for the payment of pensions, gratuities and other like benefits to its officers and employees on their retirement, death or injury, or to their dependants.
Disclosure of interests.
considered by the Authority, he shall -
(a) disclose to the Authority the nature of his interest at the first meeting of the Authority after such interest is acquired or
in advance of any consideration of the matter, whichever is the earlier, and in accordance with directives issued
from time to time by the Authority;
(b) neither influence nor seek to influence the processing and the decision in relation to such matter;
(c) take no part in any consideration of such matter; and
(d) not attend nor participate in any meeting on such matter.
(2) Where a question arises as to whether or not a course of conduct, if pursued by a person, would constitute failure by him to
comply with the requirements of sub-article (1), the question shall be determined by the Authority and the decision and its motivation
shall be recorded in the minutes of the meeting during which the decision was taken and such person to be duly informed.
(3) Where a disclosure is made to the Authority pursuant to sub-article (1), particulars of the disclosure shall be recorded in
the minutes of the relative meeting.
(4) Where a person to whom sub-article (1) applies fails to make the requ ired disclo sure, the Aut hority sh all decide
the appropriate action to be taken which may include the removal from office or termination of the contract of the person concerned.
(2) The period during which a direction as aforesaid shall apply to any officer specified therein, shall, unless the officer retires
from the public service, or otherwise ceases to hold office at an earlier date, or unless a different period is specified in such
direction, end on the happening of any of the following events, that is to say:
(a) the acceptance by such officer of an offer of transfer to the service of, and permanent employment with, the Authority made
in accordance with the provisions of article 20; or
(b) the revocation of such direction by the Prime Minister, in relation to such officer:
Provided that in relation to a public officer detailed for duty with the Authority with effect from such date as the Prime Minister
may in a dire ction as aforesaid esta blish, the de tailing of such
Appointment and functions of officers and employees of the Authority.
Detailing of public officers for duty with the Authority.
public officer shall cease to have effect after one year from the effective date of such direction, unless the direction is revoked
earlier by the Prime Minister.
(3) Where a direction as aforesaid is revoked by the Prime Mini ster in relati on to any officer, the Prim e Minister
may, by further direction, detail such officer for duty with the Authority in such capacity and with effect from such date as may
be specified in the Prime Minister ’s direction, and the provisions of sub-article (2) shall thereupon apply to the period of duration
of such detailing by any such further direction in relation to such officer.
Status of public officers detailed for duty with the Authority.
Cap. 93. Cap. 58.
(2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he is so detailed -
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and
conditions of service attached to the appointment held by him under the Government on the date on which he was so detailed for
duty; or
(ii) receive remuneration and be subject to conditions of service which are less favourable than those attached
to the appointment under the Government held by him on the date aforesaid or which would have become attached to such appointment,
during the said period, had such officer not been detailed for duty with the Authority; and
(b) shall be entitled to have his service with the Authority considered as service with the Government for the purposes of
any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and for the purpose of any other right or privilege to which he would have been entitled, and liable to any liability to which
he would have been liable, but for the fact of his being detailed for duty with the Authority.
(3) Where an application is made as provided in sub-article (2)(a)(i) the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority.
(4) The Authority shall pay to the Government such co ntri but ion s as may from time t o t ime be determin ed by
th e Minister responsible for finance in respect of the cost of pensions an d gratu ities earned b y an o fficer det a i l ed for
duty wit h th e
Authority as aforesaid during the period in which he is so detailed.
(2) The terms and conditions of any permanent employment offered by the Authority under the provisions of sub-article (1) shall
not be deemed to be less favourable merely because they are not in all respects identical or superior to those enjoyed by the officer
concern e d on th e date of such offer, if such term s and conditions, taken as a whole, in the opinion of the Prime Minister offer
substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Authority offered to him under the provisions of sub-article (1) shall,
for all purposes other than those of the Pensions Ordinance and of the Wi d o w s ’ and O r phans’ Pens i o n s A c t, and saving the provisions of article 44, be deemed to have ceased to be in service wit h th e G over n men t and to h ave ent ere
d i nt o serv ice wi th th e Authority on the date of his acceptance, and for the purposes of the said Ordinance and of the said
Act, so far as applicable to him, service with the Authority shall be deemed to be service with the Government within the meanings
thereof respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority was entitled to benefit
under the Wi dows’ and O r phans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if his service with the Authority were service with the
Government.
(5) The Authority shall pay to the Government such con t rib u ti ons as may f r om t ime to ti me b e determined
by the Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted
permanent em plo y men t wit h th e Auth orit y as afo r esai d du ring the p e riod commencing on the date of such officer ’s
acceptance.
(6) In the case of a public officer detailed for duty with the Authority with effect from the date established under the proviso
to articl e 18(2)( b ) and who subs equently acce pts permanent em plo y ment wit h th e Autho r it y the for eg o ing pro v isions shall apply subject
to the following provisions of this article.
(7) For the purposes of the Pensions Ordinance the pensionable em ol u m en ts o n ret i rem e n t o f a n y pu bl i c offi cer to w h om su b- arti cle (6) ap plies shal l be
deemed to b e t h e pen s i onable emoluments payable to an officer in Government service in a grade and at an incremental level
corresponding to the post occupied and incremental level on the date on which the officer retires from the Authority.
(8) (a) The classification referred to in sub-article (7) shall be carried out by a board composed of a chairperson appointed by the Ministry
responsible for finance and
Offer of permanent employment with the Authority to public officers detailed for duty with the Authority.
Cap. 93. Cap. 58.
Cap. 58.
Cap. 93.
Cap. 93.
t w o oth e r m e m b ers, o n e ap poi nted by t h e Mi nist ry respon sible for personnel po licies in gene ral in the public service
and one appointed by the Authority. The classification shall be subject to the final approval of the Minister responsible for finance.
(b) Such classification shall take place within three months of any adjustment of salaries of employees in Government
service and, or of employees of the Authority.
(c) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the said Pensions Ordinance less favourable
than those to which he would have been entitled prior to such classification.
Engagement of consultants and advisers.
Authority to meet expenditure out of revenue.
(2) For the purposes of sub-article (1) the Authority shall levy all fees, rates and other payments pr esc r ibed or de eme d
to be prescribed by or under th is Act or any othe r law prov iding for matters fall ing u n d e r th e po wers an d fun c t i o
n s v e sted in th e Authority by or under this Act.
(3) The Authority shall also be paid by Government out of the Consolidated Fund such sums as Parliament may from time to time authorise
to be appropriated to meet the costs of specified works or activities to be continued or otherwise carried out by the Authority.
(4) Subject to such directives as the Minister may give from time to time after consultation with the Minister responsible for
finance, any excess of revenue over expenditure shall be applied by the Authority to the formation of reserve funds to be used for
the purposes of the Authority. Without prejudice to the generality of the power of the Minister to give directives under this sub-article,
any directive given by th e Mini ster as aforesaid ma y or der the transfer to the Government, or the application in such manner
as may be specified in the direction, of any part of the fees, rates and other payments levied in accordance with sub-article (2).
(5) Any funds of the Authority not immediately required to meet expenditure may be invested by the Authority in such manner
as may from time to time be approved by the Minister.
Power to borrow or raise capital.
consultation as aforesaid, may in writing approve.
(2) The Authority may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of one million euro (€1,000,000) there shall be required the approval of the Minister in
writing.
(2) Notice of any loans, liabilities or advances made or in curred under the foregoing prov isions of this article shall
be given to the House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in sub- art i c le ( 1 ) , o r f o r t h e p u r p o s e of p r ov id
in g th e A u t h or it y wi th working capital, the Minister responsible for finance may, by warrant under his hand, and without
further appropriation other than this Act, authorise the Accountant General to make advances to the Authority out of the Treasury
Clearance Fund under such terms as may be specified by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making advances to the Authority, and any other moneys to be advanced to
the Authority under this article, shall be paid into a fund specially est a bl ish e d f o r t h e pu rpo s e an d wh ich sh al l
be kn ow n as t h e "Authority Loan Fund".
(5) Sums received by the Accountant General from the Authority by way of repayment of advances made to the Authority
under sub-article (3) shall be paid into the Treasury Clearance Fund and sums received by the Accountant General by way of interest
on such advances shall be paid into the Consolidated Fund.
Advances from
Government.
Borrowing from
Government.
Estimates of the
Authority.
Provided that the estimates for the first financial year of the Authority shall be prepared and adopted within such time as the Minister
may by notice in writing to the Authority specify.
(2) In the preparation of such estimates the Authority shall take account of any funds and other monies that may be due to be paid
to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or of an appropriation Act or
of any other law; and the Authority shall so prepare the said estimates as to ensure that the total revenues of the Authority are
at least suff icien t to meet all sum s prop erly chargeabl e to i t s revenu e account, including, but without prejudice to the
generality of that expression, depreciation.
(3) The estimates shall be made out in such form and shall contain such information and such comparisons with previous years
as the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the Authority, be sent forthwith to the Minister and to the Minister
responsible for finance.
(5) The Minister shall, at the earliest opportunity and not later than six weeks after he has received a copy of the estimates
from the Authority, approve the same with or without amendment after consultation with the Minister responsible for finance.
Expenditure to be according to approved estimates.
(2) Notwithstanding the provisions of sub-article (1) -
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for
that year by the House, whichever is the earlier date, the Authority may make or incur expenditure for carrying
on its functions under this Act not exceeding in the aggregate one-half of the amount approved for the preceding financial
year;
(b) expenditure approved in respect of a head or subhead of the estimates may, with the approval of the Minister given after consultation
with the Minister responsible for finance, be made or incurred in respect of another head or subhead of the estimates;
(c) if in respect of any financial year it is found that the amount approved in the estimates is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval
by the Minister and in any such case the provisions of this Act applicable to the estimates shall as near as practicable
apply to the supplementary estimates.
Publication of approved estimates.
that period the House of Representatives is not in session, within ei ght weeks from the beginnin g of th e n ext follow i ng session, cau se su ch es ti mates to b e l a id o n th e Ta bl e o f th e Hou s e o f Representatives, together with a motion that the House approve the said estimates. One sitting day shall be allotted for the debate in the House on such motion; and both the motion and the approval of the estimates by the House may be with or without amendment to the estimates.
(2) The accounts of the Authority shall be audited by an auditor or auditors to be appointed by the Authority and approved by the
Minister:
Provided that the Minister responsible for finance may, after consultation with the Minister, require the books and accounts
of the Authority to be audited or examined by the Auditor General who shall for the purpose have the power to carry out such physical
checking and other verifications as he may deem necessary.
(3) The Authority shall not later than three months after the end of each financial year cause a copy of the statement of accounts
duly audited to be transmitted to the Minister and to the Minister responsible for finance together with a copy of any report made
by the auditors on that statement or on the accounts of the Authority.
(4) The Minister shall cause a copy of every such statement and report to be laid before the House as soon as practicable.
Accounts and audit.
(2) All payments out of the funds of the Authority, other than petty disbursements not exceeding a sum fixed by the Authority,
shall be made by such officer or officers of the Authority as the Authority shall appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account of the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose and shall be cou n t e rsi gned by the Chairp erson or su ch ot
her member or officer of the Authority as may be authorised by the Authority for that purpose.
(4) The Authority shall also make provision with respect to - (a) the manner in which and the officer or officers by
whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which the monies of the Authority are to be paid, and the transfer
of funds from one account to the other;
Deposit of revenues and payments by the Authority.
(c) the method to be adopted in making payments out of funds of the Authority, and generally with respect to any matter which is relevant to the proper keeping and control of the accounts and books, and the control of the finance, of the Authority.
Contracts of supply or works.
Annual Report. 32. The Authority shall, not later than three months after the end of each financial year, make and transmit to the Minister and to the Minister responsible for finance a report dealing generally with t h e act iv it ies of t h e Au th orit y du ri ng t h at fin a nci a l ye ar , distinguishing, in particular, between each of such Directorates as may be established under the provisions of this Act and containing such information relating to the proceedings and policy of the Authority as either of the said Ministers may from time to time require. The Minister shall cause a copy of every such report to be laid on the Table of the House as soon as practicable.
Exemption from tax.
Standing Committee on Environment and Development Planning.
2. Committees, Commissions, Boards and Tribunals
(2) The Standing Committee shall:
(a) review any plan referred to the House of Representatives in terms of this Act. The Standing Committee
shall also recommend to the House whether the plan should be approved, with or without amendments, or rejected;
(b) discuss any report referred to it by the Minister relating to the structure plan or any review thereof;
(c) discuss any other plan or policy referred to it by the Minister and report thereon to Parliament. Such a report may also
include any dissenting opinion on the plan or policy. The Minister shall take cognisance of the said report and shall forward
the report to the Authority for its consideration in the determination by the Authority of the plan or policy if the said plan
or policy has not yet been approved by the Authority:
Provided that where the said Standing Committee fails to report to Parliament within the period by which it was requested to do so,
the Minister may request the Authority to finalise the said plan or policy, and the Minister may also approve the said plan or
policy as forwarded to him by the Authority.
(3) When notice of a motion, as is referred to in article 53(2), is given by the Minister, that motion shall be referred to the
Standing Committee of the House, and the said Standing Committee shall discuss the said motion and report thereon to the House.
(4) Not later than one month after a notice as is referred to in sub-article (3) has been referred to the Standing Committee of
the House, the said Standing Committee shall discuss the structure plan or any review thereof, and shall, not later than one month
after the said plan or review thereof has been referred to it, report thereon to the House:
Provided that where the said Standing Committee fails to report to the House within the said period of one month, the House may pass
on to discuss the motion.
(5) Where the report of the Standing Committee on a motion is unanimous, the House shall proceed to vote on such motion and on
any amendments that are proposed in the said report without debate.
Provided that no two divisions thereof shall deal with the same types of applications.
(2) Each division of the Commission shall be appointed by the Prime Minister and shall consist of five members, included its Chairman.
Each division shall be composed of members chosen from amongst persons of known integrity and with knowledge of an d experience
in matters r e lati ng to envir onment and development. The members of the Commission shall hold office for a period of four
years. They shall be eligible for reappointment of another term o f four years. The provision s of articl e 6(4 ) shall apply to
the members of the Commission, and its members may also be removed by the Authority for reasons of gross misconduct or breach of
their duties.
(3) Subject to sub-article (1) and to article 72 the functions of the Commission shall be such of the functions of the Authority
with respect t o en viron m en t and devel opm en t co ntrol , in clud ing enforcement, as the Authority may from time to time delegate
to it an d r e qu ir e i t t o p e rf or m, su bj ect to such co ndi ti ons as th e Authority may deem appropriate.
(4) The decisions of the Commission including any permission or licence issued by it, shall be deemed to be, and shall have the
same force and effect as the decisions of the Authority, except in respect of matters which the Authority expressly reserves to itself
or requires to be referred to it for determination, and the expression "decision of the Authority" wherever it appears
in this Act, shall be construed accordingly.
Environment and Planning Commission.
(5) The decisions of the Commission shall only be binding if they are suppo rted by the vo tes of no t less than t h ree o f its
members; and they shall be published as soon as practicable after the meeting at which they are taken.
(6) The Commission shall transmit to the Chief Executive Officer and the Directors a copy of the agenda of its meeting prior
to the meeting and a copy of the minutes and relative enclosures of its meetings immediately after the meeting. The Chief Executive
Officer and any Dire ctor, or his representative, may atte nd the m eeti ng o f the Com mi ssio n an d m ay make subm ission s on
any matter under consideration.
(7) Subject to the foregoing provisions, and to any rules that may be prescribed by the Authority, the Commission may regulate
its own procedures.
(8) The staff of the Commission shall consist of officers and employees of the Authority detailed to service the Commission; and
the Authority shall further provide the Commission, out of its own resources, with such other support as the Commission may reasonably
require to carry out its functions.
(9) The Commission may at any time draw up reports, which shall be discussed by the Authority:
(a) on any issue relevant to environment and development planning, including on any application;
(b) concerning the environment protection and development control process; and
(c) on any subject which should be addressed by the Authority by means of a new policy or an amendment to an existing one.
Establishment of the Users’ Committee.
(2) The Users’ Committee shall supervise the general functioning of the Authority particularly to ensure, in the interest o f t h e general p ubli c an exp e diti ous and fai r p r ocess and transparency and uniformity in the Authority’s decisions and acts. For these purposes the Users’ Committee shall monitor the running of the Authority and shall propose, to the Authority or the Minister as the case may be, such changes to administrative processes and practices as it may deem appropriate.
The Heritage Advisory Committee.
Advisory Committee, which shall consist of two panels.
(2) One panel shall deal with Cultural Heritage and shall be known as the Cultural Heritage Panel, and shall be constituted as
follows:
Minister responsible for culture, and
(b) three other members appointed by the Minister after consulting the Authority.
(3) One panel shall deal with Natural Heritage and shall be k nown as th e Natural Heritage Panel, and shall co nsist of a chairman
and six other members appointed by the Minister after consulting the Authority.
(4) Four members of a panel shall constitute the quorum at the meetings of a panel and eight members shall constitute a quorum
at a joint meeting of the two panels. The chairman at a meeting shall have an original vote and, in the case of equality of votes,
a casting vote.
(5) It shall be the function of the panel, each in the field dealt by it, to provide professional and expert advice to the Authority
on matters rela ti ng to the conserva ti on of the cult ural and na tu ral heritage in an integrated process. Each panel shall also
provide advice on the application process in particular with regard to the co nservation o f property or area s that may be af fected
by an application for permission.
(6) Each panel shall make available for public inspection any recommendation made by it to the Authority and shall, every six months,
report to the Authority and to the Committee of Guarantee set up under the Cultural Heritage Act.
(7) Each panel may call upon any person to give it expert or professional advice on any matter being dealt by it.
(8) Either chairman shall convene a joint meeting of both panels when matt er s affecting b oth the cul tural and the natur
al heritage are involved, and in such case the joint meeting of the two panels shall be chaired by the chairman of the panel convening
the meeting. The provisions of sub-article (7) shall apply also to such meetings.
(9) Subject to the foregoing provisions of this article and to any rules prescribe d by the Ministe r with the conc urrence of
the Minister responsible for cultural heritage, the committee and the panels may regulate their own procedure.
Cap. 445.
(2) The Environment Fund shall be administered by the
Authority.
(3) The Environment Fund shall be used to finance projects, programmes and schemes related to, and costs intended to enforce and
manage, the aims and objectives of this Act, as well as works w h ich may be need ed for th at purpose or t o remedy an y harm caused
to the environment in connection with any contingency or emergency plan, or to finance such other activit ies, includin g acti v
i t i e s organ i sed by n o n gov ern m en tal o rgan i zati o n s , as t h e Minister in consultation with the Authority may prescribe:
The Environment Fund and other funds.
Cap. 123. Cap. 364.
Provided that, without prejudice to the aforesaid, the Environment Fund shall not be used to finance other costs of the Authority:
Provided further that the Authority may charge the E n vi ro nm ent F u n d fo r any ser v ices rendered by it to
the Environment Fund.
(4) There shall be paid into the Environment Fund:
(a) any sums appropriated by Parliament for the purpose; (b) any donations or grants made to the Environment Fund
by individuals or institutions;
(c) sums received by the Authority for the purpose of being placed in the Environment Fund;
(d) such other sums or monies as may from time to time be provided by or under this or any other law or regulations.
(5) The Environment Fund shall keep a proper account of its revenue and expenditure and the Authority shall, without prejudice
t o the po wer s o f the Au di tor G e ner a l and o f the Mi nist er responsible for finance under any law, each year cause the
accounts of the Environment Fund to be audited by suitably qualified public auditors and accountants appointed by it with the concurrence
of the Minister.
(6) The Environment Fund shall every financial year deliver to the Minister, through the Authority, a copy of its duly audited
balanc e sheet together with a repo rt of its activities du ri ng the previous financial year. The M i ni ster shall lay a copy
of the balance sheet and of the report on the Table of the House within a month of the receipt of the same from the Authority.
(7) The revenue of the Environment Fund shall not be subject to tax under the Income Tax Act and the Environment Fund shall not be liable to tax under the Duty on Documents and Tr a ns f ers Act.
(8) The Minister after consulting the Authority may make regul atio ns p r escr ibi ng th e pro c ed ure t o b e fo llo
wed by th e Authority and otherwise regulating the Environment Fund.
(9) The Authority may set up other funds and prescribe what shal l be paid into such fun d s and how the said fu nds shal l be
administered and used. The provisions of sub-articles (4), (5), (6), (7) and (8) shall apply mutatis mutandis to such other funds.
Mediators. 39.* (1) There shall be such officers, to be known as the Mediators, whose function shall be to act as a mediator between an applicant for permission or licence and the Authority.
(2) The Authority shall appoint a mediator at the request of either the applicant for permission or licence or at the request
of any of the Chief Executive Officer or of Directors of the Authority.
(3) There shall be a panel of Mediators appointed by the
*this article is not yet in force.
persons versed in environmental m a tters or in plannin g or in archi t ectur e an d ci vil eng i neerin g or in an y oth e r relev
a n t discipline.
(4) Subject to the foregoing provisions and to any regulations made und er sub - arti cle (7), a Med i at or may regulate his ow
n proceedings.
(5) No appeal shall lie to the Tribunal in terms of article 41 from anything done by the Mediator.
(6) If a mediator has been appointed, all the submissions in relation to the procedures that have or ought to have been followed,
including the commissioning of studies related to the matter under the Authority’s consideration, shall be made before the said
mediator.
(7) The Minister may, after consultation with the Authority, make regulations to give better effect to the prov isions of
this article and, without prejudice to the generality of the foregoing, he may:
(a) establish the procedure to be followed by a Mediator; (b) prescribe those types of applications which an
applicant may not refer to a Mediator;
(c) prescribe the procedure to be followed by the Director during consultation meetings with the applicant and his representative;
(d) prescribe the procedure to be followed in the formulation of an application report by the Director.
(2) The President, acting on the advice of the Minister, may also appoint panels of members and in such case the composition of
the Tribunal for any one or more appeals to be heard by it shall be the responsibility of the secretary to the Tribunal who shall,
as far as is practicable, de termine su ch co m p o s it io n on t h e ba sis of rotation.
(3) A member of the Tribunal shall be disqualified from he ar ing an appeal in such circum stances as would disq ua lify
a jud ge in a ci vi l su it; an d in any such case the member shall be substituted by another person either appointed for the purpose
by the President acting on the advice of the Minister or chosen from the appropriate panel so appointed.
(4) The members of the Tribunal shall hold office for a period of four years. They shall be eligible for reappointment of another
term of four years.
Environment and Planning Review Tribunal.
(5) In the exercise of their functions under this Act, the Chairman and the members of the Tribunal shall not be subject
to the control or direction of any other person or authority, and may be removed from office by the President acting on the advice
of the M i nister for the reasons provided fo r in ar ti cle 97 ( 2 ) of the Constitution.
(6) The Tribunal shall have an administrative secretariat independent from the Authority, consisting of a secretary
and such other officers or employees as may be necessary for a prompt and ef ficient d e termination of the matters within the Tr
ibunal’s jurisdiction. The secretary shall be appointed by the Minister and the other members of the secretariat shall be chosen
and appointed by the secretary.
(7) The expenses incurred in connection with the ad m i ni strati on o f th e Tr ib un al, i n cl ud in
g t h e pay m ent of the honorarium to the Chairman and members of the Tribunal and the salary of the Tribunal’s Secretary and
the Tribunal’s staff shall be paid out of the Consolidated Fund without the necessity of any further appropriation.
Functions and procedures of the Tribunal.
86, the Tribunal shall have jurisdiction to:
(a) hear and determine all appeals made by the applicant or a person aggrieved by a notice issued under the provisions of
Part VI on any decision of the Authority on any matter of development control, including the enforcement of such control, or appeals
made by any person on any decision of the Authority relating to environment protection, including environment
assessments, access to environmental information and the prevention and remedying of environmental damage:
Provided that the Authority shall not be construed as any person for the purposes of this paragraph;
(b) exercise such functions as are vested in it in terms of Articles 48, 49, 57, 58, 63 and 77 and hear and determine appeals
made in terms of articles 42, 76, 77,
81, 91, 92 u 93 and such other functions assigned to it under the provisions of this Act;
(c) hear and determine an appeal lodged by an interested third party from a decision of the Authority on any matter of development
control, provided that:
(i) such an appeal may only be made by an interested third party who had submitted written comments in terms
of article 68(4) when the application to carry out the development is published,
(ii) no appeal shall lie by an interested third party from any development control decision concerning a development
which is specifically
development is intended to be carried out shall always be deemed for all intents and purposes of law to be an interested third party
provided that the said council has complied with the provisions of article 68(4) and it is acting in the interests
of the locality,
(iv) the Government and any department, agency, authority or other body corporate wholly owned by the Government shall always
be deemed for all intents and purposes of law to be an interested third party:
Provided that the Authority shall not be construed as an interested third party for the purposes of this sub-paragraph.
(2) Unless otherwise provided under any provision of this Act, an appeal may be lodged before the Tribunal within thirty days from
date of notification of the decision or order by the Authority.
(3) In case of a development listed in the Seventh Schedule, at the request of the appellant made concurrently with the application
for the appeal, through a partial decision, the Tribunal may suspend the execution of the development, in whole or in part, as approved
by the development permit subject of the appeal, under those terms, conditions and other measures it may deem fit:
Provided also that the application is not for a development which, in the opinion of the Minister is of strategic significance or
of n a tional inter e st , related to an y obligation en suing from a European Union Directive, affect s national sec u rity or a
ffects interests of other governments.
(4) In the cases referred to in sub-article (3), the Tribunal shall hold its first hearing be within six working days from receipt
of the appeal, and shall not suspend the execution of such a permit unless it is satisfied, after hearing all the parties, that unless
the execution of th e permi t is susp ended th e prejudice that would be cause d would be disproportionate when compared with the
actual doing of the thing so permitted or if the request is deemed as frivolous or vexatious:
Provided that the Tribunal shall justify the decision suspending the execution of the development and shall grant its
final decision on the merits of the appeal within three months from the date of the first hearing of the appeal:
Provided further that the suspension of the execution of such a permit may not be more than three months from the date of the
first hearing of the Appeal before the Tr ibunal, and the suspension order shall be deemed to have elapsed ipso iure after the lapse of such a period.
(5) In all other appeals, the first hearing of the Tribunal shall be held within three months from receipt of the appeal.
Cap. 12.
Cap. 319.
(6) The decisions of the Tribunal shall be final. An appeal by the appellant or any of the appellate parties to the appeal shall
lie to the Court of Appeal constituted in terms of article 41(6) of the Code of Organization and Civil Procedure from such decisions only on points of law decided by the Tribunal in its decision. An appeal from a partial decision of the Tribunal
may only be filed together with an appeal from the final decision of the Tribunal. An appeal to the Court of Appeal (Inferior Jurisdiction)
shall be sub m itt ed wit h in twenty d a ys from when t h e decision of the Tr ibunal i s delivered in public and such an appeal
shall be regulated by the rules of court made under article 29 of the Code of Organization and Civil Procedure.
(7) The decisions of the Tribunal shall be binding if they are supported by the opinion of two of its members, and the dissenting
member, if any, may express hi s o p in io n separ a tel y ; an d all decisions of the Tribunal shall be delivered in public and
shall be published as soon as practicable after the sitting at which they are given.
(8) Where a hearing is held by the Tribunal, other than in those cases referred to in sub-articles (3) and (4), advance notice
of not l ess than fou rteen d ay s sh al l be g iven o f th e fir st sitti ng of the Tr ibunal to the parti e s, and those in terested
third part ies who registered their interest during the processing of the application before the Authority, in such manner as the
Tribunal may deem appropriate or as may be provided in the Second Schedule:
Provided that in cases of urgency the said time limit of fou r teen days may be ab rid g ed b y ord e r of th e Tr ib unal if
th e Tribunal is satisfied that the party requesting urgency has given a valid reason in writing therefor.
(9) The sittings of the Tribunal shall be open to the public, subject to the power of the Tribunal to exclude any member of
the public if it deems it necessary so to do for the mainte nance of order.
(10) The Tribunal may require any department or agency of the Government to pro v ide the Tr ib unal with such in formatio n or
advice as the T r ibunal may de em necessary for the proper execution of its functions.
(11) Subject to the above and to article 74, appeals to the Tribunal and the conduct of the business of the Tribunal shall
be made in acco r dance with th e ru les cont ai ned in th e Seco nd Schedule; and in the absence of such rules on any matter, the
Tribunal may regulate its own procedure.
(12) Where judicial proceedings are instituted against the Tribunal before a court of civil jurisdiction, the Secretary
shall represent the Tr ibunal in such proceedings; an d, saving t h e provisions of article 46 of the Constitution an d article 4 of th e European Conv enti on Act, no prec autionary a ct may be issue d against the Tribunal by any court.
(13) The Tribunal, if it decides to grant a permission or licence may impose a penalty, the payment of fees and contributions and
other conditions, which the Authority may impose when granting a
with th e provision s of article 69 in revi ewi ng decisions of t h e
Authority.
(14) When the Tribunal modifies a decision taken by the Authority and orders the issue of a permission or licence, or in
any other manner changes the decision of the Authority, the Authority sh all, unless an appeal has been lo dged to t he Co urt o
f A ppeal (I nf erio r Juri sdict i o n ) fr om t h e Tr ib unal ’s d ecisio n , i s su e th e permission or licence or comply
with the decision of the Tribunal wi th in on e mo n t h f r o m th e Tr ib un al ’s d eci sio n , or, i f in th e Tr ibunal’s
decision a condi tion has been im posed or a penalty inflicted, within one month from compliance by the appellant with such condition
or payment of such penalty inflicted by the Tribunal in its decision.
(2) The Board shall be composed of a minimum of three members and a maximum of five members, one of whom shall be the
Chairman and who shall be appointed by the Minister.
(3) The members of the Board shall be independent members and w ho are no t in vol ved i n any way in the p r eparation of environmental
or other assessments falling within the jurisdiction of the Board.
(4) The Board shall assess applications for such registrations and approve those that meet the requirements for registration. The
Board shall give reasons for its decisions.
(5) The decision of the Board to grant or to refuse an application for registration in the Register kept by the Authority
shall be notified in writing to the applicant without delay.
(6) The Board may direct the Authority to update the Register at such regular intervals as it may deem fit by the inclusion of
other disciplines in the Register, which disciplines might have in the meantime evolved.
(7) The decisions of the Board shall be final. An appeal shall lie to the Tribunal only on the grounds that the Board has, in
its decision, wrongly appl ied the provisions of this Act or any re gu la ti o n s is sue d th er eu nd er, or th e decisi on of
th e Bo ar d constitutes an abuse of discretion or is m a nifestly unfair, and without prejudice to the aforesaid, the discretion
of the Board may not, so long as it has been exercised properly, be queried by the Tribunal. An appeal from a partial decision of
the Board may only be filed t ogether wi th an appeal from the final deci sion of t h e Board.
(8) The decision of the Board shall be binding if it is supported by the opinion of a majority of its members, and the dissenting
member or members, if any, may express his opinion separately; and all decisions of the Board shall be delivered in public and shall
be published as soon as practicable after the sitting at which they
The Registration
Board.
are given.
(9) The Minister may, after consultation with the Board, make regulations to give better effect to the provisions of this article
and, without prejudice to the generality of the foregoing, he may:
(a) establish criteria that applicants are expected to meet in order to qualify for registration;
(b) establish the procedure to be followed by a Board;
(c) prescribe a tariff of fees for registration with the
Board.
Powers of the Registration Board.
(a) is found guilty by a court of criminal jurisdiction of a crime being a crime committed through imprudence, carelessness, un-skillfulness
in an art or profession, or non-observance of regulations; or
(b) is found guilty by a court of criminal jurisdiction of any offence under the provisions of the Act or of any regulations made
there under; or
(c) has, in the opinion of the Authority and the Board, submitted sub-standard or deliberately misleading work in an assessment;
or
(d) has participated in the preparation of an assessment when he was not registered in the Register; or
(e) was the recipient of a certificate issued under the provisions of article 42 based on information given by the applicant
which is false or misleading; or
(f) fails to pay the yearly renewal fee.
(2) Notwithstanding the provisions of sub-article (1), the Board may opt for a suspension, rather than cancellation of the certificate,
in the circumstances specified in sub-article (1)(d) and (f).
(3) Notwithstanding the provisions of sub-article (1), if a person participates in the preparation of an assessment without
being registered in the Register, he shall subsequently be barred from registering or participating in any assessments in Malta
for a period to be decided by the Board which period shall in no case be less than three years.
Members of the Authority, etc., to be deemed public officers for certain purposes.
Cap. 9.
3. Common Provisions
44. (1) For the purposes of the Criminal Code and of any provision of a penal nature in any other law, the members of the Authority and of any committee, board, commission or
other body or office established by this Act, and every officer or employee thereof, shall be deemed to be and be treated as a public
officer.
(2) The members, officers and employees of the Authority in the performance of their functions under th is Act or unde r any other
law administered by the Authority, shall not be liable for any
loss or damage suffered by any person by reason of anything done o r o mit ted to be d o n e in go od fait h in th e co
urse o f t h e administration of this Act or of any other law.
(2) The Minister shall in consultation with the Authority and the Environment and Planning Tribunal, issue, publish and review
a code about the conduct expected of the members of the Authority, the members and of ficers of th e En vi ro nm en t an d Plan n
i n g Tribunal and of the Environment and Planning Commission and any other committee, board, commission or other body established
by this Act, The Chief Executive Officer, Directors and officers of
t h e Au thor ity in co nnect ion wit h t h e performance of the
Authority’s functions.
(3) The provisions of the code of conduct shall be taken into account in deciding whether any such member or officer is unfit to
perform the duties assigned to him under this Act or whether his term of office is to be renewed.
(4) The names of all the members of the Authority, and of any committee, board, commission or other body established by this
Act, including the panels from which the Tribunal is constituted, and any other change in such membership shall be published in the
Gazette.
PART IV
Environment and Development Planning
1. Plans and Policies
(2) The Authority may also, either out of its own motion, but after co nsultation with the Minister, or if so requested by the
Minister, review a plan or a policy which is already in force.
(3) The Minister shall, upon making such a request in writing, send t o the Autho r ity t h e reasons fo r makin g such a request
together with a statement of goals and objectives to be attained by
Consultations.
Declaration of assets, code of conduct and publication of names.
Plans, policies and regulations.
Request by the Minister to the Authority to prepare a plan or policy.
the plan or policy or a revision of such plan or policy.
(4) The preparation and review of the structure plan shall be regu lated by t h e p r o v isi ons of art i cl es 51 to 53 wh ereas
the preparation or review of any other plan or policy shall be regulated by the provisions of article 58:
Provided that the Minister may, without prejudice to the provisions of articles 51 to 53 and article 58, set out any additional procedure
that the Authority ought to follow, including the carrying out of assessments, and may also carry out any assessments and, or consul
tations, including public consultations, he m a y deem necessary.
(5) If the Authority, upon a request by the Minister in terms of sub-article (1), informs the Minister, within thirty days of receipt
of such a request, that it is unable, for whatever reason, to prepare such a plan or policy, the Minister shall instruct the Authority
to delegate such functions in terms of article 9 with regard to that particular plan or policy and in so doing it shall ensure that
the provisions of this Part are complied with.
Minister may request the preparation by any person of a plan, policy or revision thereof.
48(5), the Minis t er shall requ est any person, including any government agency, other than the Authority, to prepare on his behalf
a plan or policy or a revision of such a plan or such policy.
(2) The Minister shall consult the Authority on the terms of reference which are to form the basis of the preparation of a plan
or a policy or a revision of such plan or policy by the said person. The Minister shall then furnish the said person with the relative
terms o f reference and sh all also i ndi cate t o t h e said person the documentation which shall be presented to the Minister when
the plan, policy or a revision of such plan or policy is drawn up. On receipt of such documentation, the Minister shall forward a
copy of such documentation to the Authority.
(3) The Minister shall also request the said person to comply with article 58(2)( a ) and ( b ) and, for t h e p u rposes of the said paragraphs, the expression "the Authority" shall be construed as a reference to
the said person an d such perso n shall revise, if necessary, the plan, policy or a revision thereof after taking into consideration
the representations he may have received in terms of article 58(2)(b).
(4) If the Authority agrees with such a plan, policy or revision thereof, it shall adop t it for submission to the Minister for
his ap prov al ; and the p r ovi sions of arti cl e 58(2 ) shall, mut a tis mutandis, apply.
(5) If the Authority does not agree with the said plan, policy or revision of such plan or such policy, it shall draw up a position
statement indicating the changes to be made to the said plan, policy or revision thereof an d shall refer both the sai d plan, poli
cy or revision of such plan or such policy and its position statement to the Minister; and the provisions of article 58(2)(i ) to ( n ) shall mutatis mutandis apply.
(6) The plan, policy or the revision of such plan or policy shall o n l y b e prepared by or und er th e di rect ion of an exp
e rt i n the environment or spatial planning having such qualifications as the Minister may prescribe.
2. The Strategic Plan for the Environment and Development
Development:
(a) is a strategic document regulating the sustainable management of land and sea resources;
(b) shall be based on an integrated planning system that ensures the sustainable management of land and sea resources together
with the protection of the environment;
(c) must set out policies in relation to the development and use of land and sea and shall be illustrated by diagrams as
necessary and accompanied by an explanatory memorandum giving a reasoned justification for each of
the policies and proposals contained in the plan;
(d) must ensure that:
(i) plans, policies and programmes issued under this Act are spatial, holistic and comprehensive so that all factors
in relation to land and sea resources and related environment conservation are addressed and included and to balance
demands for development with socio-economic considerations and the need to protect the environment;
(ii) sectoral policies, activities and inputs are integrated and coordinated with each other, combining the
inputs of all disciplines and groups;
(iii) all actions are based on a clear understanding of the natural and legitimate objectives and needs of individual land users;
(iv) it follows other national policies and plans.
(2) The Authority shall monitor the Strategic Plan for the Environment and Development and review it as often as may be
necessary, provided such review does not take place within a period of less than five years. Ever y such review shall be made in
accorda n ce with the goa l s and obj ectives of a revision of the Strategic Plan for the Environment and Development as may be
Strategic Environment Assessment and other assessments.
The Strategic Plan for the Environment and Development and its preparation and review.
approved by Cabinet and take effect as provided in the following provisions of this Part. In order to achieve the objectives set out
in this article, Cabinet shall take the necessary measures intended to co or din a te and i m pro v e t h e sp at ial imp act s of
ot her sect oral policies and their relation to, or inclusion in, the Strategic Plan for the Environment and Development.
(3) Notwithstanding the provisions of sub-article (2), the S t rategic Pl an fo r the Env i ronment and Development can
b e reviewed in parts as the need arises by means of a Resolution of the House of Representatives, and shall come into force in accordance
with the following provisions of this Part. Such a partial review of the Strategic Plan for the Environment and Development shall
not adversely affect a development permission validly issued in favour of any person before the date of the coming into force of
such a review.
(4) Cabinet may approve a statement of goals and objectives to be achi ev ed by a p a rt ial review of th e S t rateg i c Plan
fo r th e Environment and Development, and, or, a proposal together with a position statement with regard to that review. After such
approval, the Minister shall send to the Authority that statement of goals and objectives, and, or, that proposal and position statement.
When the Authority receives that statement of goals and objectives and, or, th e pr op osal an d po sit i on st atement , i t sh
all con f o r m w i t h th e p r oced ur e la id d o w n in sub-articles (5) to (7 ) , i f th e ma tt er s referred to therein have
not already been carried out, in the same manner as if the proposal had been initiated by the Authority; and the provisions of sub-article
(3) and of article 52 shall apply. If the Aut h o r it y d i sagrees wi th the Mi nister ’s pro p o s al or wi th his position
statement, it shall prepare its position statement indicating the changes that it proposes or its reactions thereto. The Minister
shall then conform with the provisions of article 53 and, for the purposes of article 52(1), the expression "representations"
shall include the Authority’s position statement.
(5) For the preparation or review of the Strategic Plan for the En viron m ent and Dev e lo pmen t the Aut horit y shal l carry
out surveys of those matters which affect the character and quality of the environment, its conservation and its development, including,
but not limited to:
(a) demographic considerations;
(b) the agricultural, industrial, commercial, touristic and other existing and, or projected economic activities of the country including
the employment patterns arising therefrom;
(c) leisure and recreation;
(d) social and community services and facilities; (e) communications, traffic and transport;
(f) public utility services;
(g) the conservation and preservation of natural and man- made resources;
(h) the state of the environment report, nitrate vulnerable
zone mapping, flood sensitivity mapping, other issues emanating from water, air quality and waste framework regulations;
(i) such other matters as may be required by the Government or which may be deemed necessary by the Authority.
(6) In preparing or reviewing the Strategic Plan for the
Environment and Development, the Authority shall have regard to:
(a) the current economic policies affecting development; (b) the current social policies affecting development;
(c) the environmental policies affecting development;
(d) the policies of the Government with respect to the matters set out in sub-article (5);
(e) the resources likely to be available for the implementation of the plan;
(f) all possible land and sea-use options in selecting the best use for a given area of land or sea.
(7) During the preparation or review of the Strategic Plan for the Environment and Development the Authority shall make known to
the public the matters it intends to take into consideration and sha l l p r ov id e ad eq uat e op p o rt un it i e s fo r
i n d i vi du al s and organisations to make representations to the Authority.
(8) A partial review of the Strategic Plan for the Environment and Development which is necessitated by the adoption of or an
am endm ent to a subsidiar y plan need not comp ly wi th t h e pr ovisions of sub-articles (5) and (6) if the matt ers referred
to therein and that are relevant to the partial review have already been carried out in the preparation of the subsidiary plan.
(2) The Authority shall invite representations on the plan to be submitted to it within a specified period of not less than six
weeks.
(3) The Strategic Plan for the Environment and Development, or any review thereof, together with all representations made to the
Au thor ity, shall, as soon as practicable, after the expi ry of the period specified in sub-article (2), be referred to the Minister.
(4) The Minister may refer back the Strategic Plan for the Environment and Development, or review thereof to the Authority
where he does no t agree with the S t rategic Plan for the Environment and Development, or any review thereof and he shall
prepare a position statement stating the changes he proposes to it or his r eactio ns to the S t rateg i c Plan for the Environment
and Development, or review thereof.
Publication of the strategic plan of the Environment and Development or its reviews.
*this article is not yet in force.
Final consideration and approval of plan or review.
(5) Where the Strategic Plan for the Environment and Development, or any review thereof, has been referred back to the Au th or it y, th e same pr ocedu r e a s far as practicable shall be followed with respect to any further draft prepared and published by the Authority, except that reference back to the Authority shall not be made more than once.
(2) Subject to article 34(2)(a), (3) and (4), the Minister shall
then caus e the S t rategic Plan for the Environment and Development, or a review th ereof as or iginally prepared, or as
revised, by the Authority, together with the Minister ’s position
statement, to be laid before the House together with a motion for a reso lu ti on t h at th e S t rate gi c Plan for the Environment
and Development, be approved by the House, with such amendments, if
any, as may be specified in the resolution.
(3) The Strategic Plan for the Environment and Development, and any review thereof as approved by the House shall have effect as
from su ch date as may be sp eci f ied for that purp o se by th e Minister by order in the Gazette; and for the purposes of this
Act, oth e r than those pr ovi si ons relati ve to the p r ep arati on, consi d erat io n an d sub missi on o f t h e S t
r a t e gi c Plan fo r th e Env i ro nmen t and Develo pmen t, or its review, t h e exp r ession St rategic Plan for the Environment
and Development and any reference to a review thereof m eans the St ra tegic Plan for the Environment and Dev e lopm ent, and any
review thereof, as approved by the House of Representatives.
3. Subsidiary Plans and Policies
Subject Plan. 54.† (1) A subject plan is a plan that deals with a specific environmental or development planning policy or matter setting out detailed specifications intended for its implementation.
(2) A subject plan shall consist of a written statement sup ported b y such docu m ent s , m a ps an d di agram
s as m a y be considered necessary.
(3) Except as otherwise stated in the plan, a subject plan shall apply to all relevant areas of the environment and of the Strategic
Plan for the Environment and Development, whether or not such areas are also covered by another plan or policy.
Local Plan. 55.‡ (1) A local plan is one which is made by the Authority for any area where the Authority considers that the rate of development o r re-d evelo p m en t can not be sat i sfact ori l y man a ged, o r w h ere special factors cannot be taken into account solely on the basis of
*this article is not yet in force.
†this article is not yet in force.
‡this article is not yet in force.
the Strategic Plan for the Environment and Development.
(2) A local plan shall consist of a map or maps of a suitable scale supported by a written statement and by such diagrams as may
be necessary.
(2) An action plan may form part, or be the whole of, a local plan.
(3) In addition to the information required to be contained in a local plan, an action plan made in terms of sub-article (1)(b) shall also show the land which is in public ownership and the land which is intended to be brought into public ownership.
Action plan or management plan.
(2) Such policies or plans shall be in a form which the Authority considers appropriate to the subject matter, and may
be su ppo rted by such docum en ts, assessment s , maps, d i agrams, drawings and illustrations as may be considered necessary by
the Authority.
(3) When the Authority adopts a policy or plan (be it a new policy or plan or a revision of an existing policy or plan), it shall
refer i t to th e Minister fo r his ap proval and the procedure mentioned in article 58(2) shall mutatis mutandis apply.
Other policies or plans.
(2) Where the Authority prepares a subsidiary plan or policy or review thereof as aforesaid, it shall seek the Minister ’s approval
in terms of the following procedure:
(a) during the preparation or review of a subsidiary plan or policy, the Authority shall make known to the public the matters
it intends to take into consideration and shall provide adequate opportunities for individuals and organisations
to make representations to the Authority;
(b) when the subsidiary plan or policy or a revision thereof has been prepared, the Authority shall publish the plan or
policy together with a statement of the representations it has received and the responses it has made to those representations.
The Authority shall
Procedure for subsidiary plan and policies.
invite representations on the plan or policy to be submitted to it within a specified period of not less than six weeks;
where in such a subsidiary plan or revision thereof it is proposed that any land be excluded from a development boundary
as indicated in a local plan, the Authority shall publish in the Gazette and in two local daily newspapers a notice showing the land
that is to be excluded:
Provided that where minor modifications not affecting the substance of a planning policy are being proposed, the said period shall
be a period of not less than three weeks;
(c) the Authority shall adopt the subsidiary plan or policy after taking into consideration all the representations submitted to
it as aforesaid;
(d) the Authority shall refer the subsidiary plan or policy to the Minister. It shall also forward to the Minister:
(i) the statement of representations;
(ii) the responses and amendments it has made as a result of those representations;
(iii) a precise indication of all other amendments it has made to the plan or policy; and
(iv) all the relative documentation and studies in relation to the preparation of the subsidiary plan;
(e) the Authority shall also publish the plan or policy and invite representations on the matters indicated in paragraph (d)(iii) to be submitted within a specified period of not less than six weeks;
(f) the Authority shall adopt the subsidiary plan or policy after taking into consideration all the representations submitted
to it as aforesaid and shall refer the subsidiary plan or policy to the Minister for his approval. It shall
also forward to the Minister:
(i) the statement of representations;
(ii) the responses and amendments it has made as a result of those representations;
(g) where the Minister agrees with the subsidiary plan he shall approve it as submitted by the Authority and the Authority shall
upon such approval publish the same together with the statements, responses, documentation and studies
referred to in paragraphs (d) and (f);
(h) where the Minister does not agree with the subsidiary plan as adopted by the Authority in accordance with paragraph (f), he shall prepare a position statement stating his proposed changes or his reactions to the Authority’s subsidiary plan
and shall refer back the subsidiary plan to the Authority together with his position statement; where in such a subsidiary
plan or revision thereof it is proposed that any land be
excluded from a development boundary as indicated in a local plan, the Authority shall publish in the Gazette and in two local daily
newspapers a notice showing the land that is to be excluded;
(i) where the Authority does not agree with the Minister following the referral back to it of the subsidiary plan by the Minister,
it shall draw up a position statement and shall refer it back to the Minister;
(j) the Minister shall then issue a final position statement.
He shall forthwith communicate it to the Authority;
(k) the Authority shall forthwith amend the subsidiary plan in accordance with the Minister ’s final position statement
and submit the same for the Minister ’s final approval;
(l) Upon such approval by the Minister, the Authority shall publish the subsidiary plan together with its own position statements
and those of the Minister together with the advice of the Tribunal given in terms of paragraph (n), if any, and together with the statements, responses, documentation and studies referred to in the preceding paragraphs;
(m)* where the subsidiary plan or any part thereof extends the scope of or is in conflict with the Strategic Plan for the Environment
and Development, the Minister shall comply with the provisions of articles 51 to 53 with regard to such subsidiary plan or
any part thereof, provided that those parts of the subsidiary plan that do not extend the scope of or are not in conflict with
the Strategic Plan for the Environment and Development shall come into force on the date of approval by the Minister;
(n)† if doubt arises as to which procedure should be followed in respect of a subsidiary plan or as to whether a subsidiary
plan or a position statement extend the scope of, or are in conflict with, the substance of the structure plan,
the matter may be referred at any time by the Authority or by the Minister to the Tribunal, provided that where
the Authority is of the opinion that the Minister ’s final position statement extends the scope of or is in conflict with
the substance of the Strategic Plan for the Environment and Development, it may refer the matter to the Tribunal within
one month from the date of receipt of the Minister ’s final position statement. The Tribunal shall rule within one month
from the date of referral to it of the matter as to which procedure shall apply and the decision of the Board shall be final.
*this paragraph is not yet in force.
†this paragraph is not yet in force.
Review of Subsidiary Plan or policy.
Provided that subject to the provisions of sub-article (3), a local plan may not be reviewed before the lapse of two years from its
last review unless such review is necessitated by a review of the structure plan:
Provided further that in the case of a partial review of the local plan, the above-mentioned two-year moratorium shall only apply
to that part of the plan forming part of the partial review.
(2) Where as a result of such a review the Authority proposes to alter a plan or policy in any significant respect, or where it
is proposed that a plan or policy be withdrawn, any such proposal shall be subject to the same procedures, and shall be treated,
as a new plan or policy.
(3) Minor modifications not affecting the substance of a local plan may be carried out by the Authority at any time either on its
own motion when it considers to do so in the interests of proper planning of the area or following a minor modifications application
subm itted t o it b y any per s on . Mod i fication s shall not be considered to be minor when they would alter the general thrust
of the plan or affect a development boundary indicated in a local plan.
(4) For the purpose of sub-article (3), the following shall be considered to constitute minor modifications:
(a) changes in the alignment of roads and buildings in a local plan; and
(b) changes in zoning, other than:
(i) changes in height limitations; and
(ii) changes in zoning of a site which is not designated for the purpose of development.
(5) Where the Authority is considering a minor modification in terms of sub-article (4)(a), the provisions of article 68 shall apply mutatis mutandis to such a modification.
(6) Where the Authority is considering a minor modification in terms of sub-article (4)(b), it shall follow the following procedure:
(a) where the proposal for such a minor modification originates from the Authority itself, it shall comply with the provisions
of article 58(2);
(b) where the proposal for such a minor modification originates in a minor modifications application, the Authority
shall publish such proposal and invite representations on the said application within a specified period
of not less than six weeks. The Authority shall then decide the application after taking into consideration all representations
submitted to it. The provisions of article 49(4) and (5) shall also apply.
*this article is not yet in force.
(7) No appeal from a decision concerning a minor modifications application shall lie to the Tribunal.
4. Regulations and Orders
60. Without prejudice to the provisions of article 6 of the I n t e rpret a ti on Act , an y po wer co nf erred b y t h i s A c t t o make regulations, rules, orders, lists, schedules and any other instrument of like
nature, includes the power from ti me to tim e to revoke, replace, amend, alter or add to any such instrument as aforesaid.
(2) Without prejudice to the generality of the provisions of sub- article (1) such regulations may, in particular:
(a) prescribe the charges and fees that may be levied by the Authority for services rendered by it under this Act, or in respect
of any matter for which it is considered that a fee should be payable;
(b) provide for the procedure to be applied by the Authority and the applicant before and after the submission
of an application for permits or licences under this Act, as well as fees chargeable therefor, as well as the procedures to be
used by the applicant and the Authority in processing of the said application, including, but not limited to,
the advertising, communication and vetting of the said application, and the general conditions under which the Authority may
require the giving of financial guarantees or the provision of assurance to make good for any damage that may be caused
to the environment by any activity which may require a licence under this Act;
(c) prescribe what type of information held by the Authority shall be accessible to the public as well as to establish
the procedure concerning access thereto and the relative fees to be paid to obtain copies of such information;
(d) give effect to any international treaty or instrument, including directives, regulations and decisions, relating
to any matter governed by this Act to which Malta may from time to time be a party or subject and to set up structures and make
other provisions for the implementation thereof;
(e) establish, co-ordinate and enforce environment quality control systems and make provisions for the carrying out of assessments
of environmental risks of both new and existing establishments as well as to provide for the effective prevention and
remedying of environmental damage;
Power to make regulations, etc., to include power to revoke etc.
Cap. 249.
Power to make regulations.
(f) provide for the collection, processing, comparison and interpretation of data related to the environment and to provide that
such persons carrying out such activities that may affect the environment as may be prescribed give such information and data to
the Authority in a regular or other basis as may be prescribed in order to enable the Authority to monitor and safeguard
the quality of the environment;
(g) prescribe the techniques to be used in the monitoring of the environment;
(h) prescribe, in collaboration with the Civil Protection Department, the circumstances in which an environmental
emergency may be declared, and the effect of such a declaration may have on any activity requiring a licence under this Act;
(i) set objectives, issue directives and establish codes of practice, all in relation to the environment, to the reduction,
reuse, recovery, treatment, storage and disposal of materials as may be prescribed, to all human activity which
effects the environment and to ensure sustainable development, and such regulations may in particular:
(i) formulate objectives laying down quantitative and qualitative terms, the goals to be achieved in the effort to control
the environment;
(ii) give directives with regard to such uses of the environment as may be prescribed;
(iii) establish the maximum quantities or concentrations of discharge or emission, or use of such substances
as may be prescribed during works, undertakings or activities of any nature and ensure the enforcement and monitoring of these
standards;
(iv) establish codes of practice determining procedures, methods, limits of discharge and emission of substances
applicable to works and activities as may be prescribed both with regard to the time when such works and activities are taking
place as well as with regard to the time when the works and activities have been completed; and
(v) establish for the purposes of this Act, the best available technique not entailing excessive cost with regard to any work,
activity or process;
(j) with regards to integrated pollution prevention and control:
(i) establish systems which ensure such prevention and control;
(ii) prescribe measures to control, prevent, manage or reduce pollution and degradation of the environment;
(iii) control the keeping, management, trading in or use of substances and other activities which may cause or facilitate pollution;
(iv) set standards including maximum of permitted levels in quantitative or qualitative terms, of discharge and emissions
into the environment of materials, substances or energy and with regard to the use of any technology, equipment, matter, substance,
method or procedure in relation thereto;
(v) establish methodologies to be used in the monitoring of discharge and emission of substances and,
or energy into the environment and to regulate the use of information gathered during such monitoring;
(vi) prevent, control, reduce, remedy or otherwise manage situations which may lead to environmental
emergencies and to prevent, control, reduce, remedy or otherwise manage any adverse effects on the environment resulting
therefrom;
(k) in relation to waste management:
(i) classify waste and prescribing rules in relation thereto in accordance with the type and category thereof;
(ii) regulate the management and disposal thereof;
(iii) establish quotas, in quantitative and qualitative terms, of permitted generation of waste, as well as otherwise provide
for the prevention and reduction of waste;
(iv) provide for the registration and, or, licensing of waste management operations;
(l) in relation to the protection of biodiversity:
(i) provide for the monitoring and management thereof;
(ii) declare any species to be a protected species and establish rules for its protection;
(iii) declare any species to be an invasive species and establish rules for its control;
(iv) regulate the use of and otherwise protect specimens of fauna or flora; and in particular prohibit and,
or, control possession, exhibition, artificial propagation or captive breeding of such specimens of flora and fauna
as may be prescribed;
(v) provide for the conservation, protection and management of protected sites and particular habitats or categories
thereof in order to safeguard biological diversity;
(vi) declare any areas or sites on land or in the
internal or territorial waters, or beyond such waters where Malta may have jurisdiction for the purpose of the protection
and control of the environment, to be protected areas and to provide for their protection and to regulate their management;
(vii) control and regulate any activity that may interfere with the conservation status of biological
diversity;
(viii) regulate trade in and the transit, import or export of specimens of flora and fauna as may be prescribed;
(m) control, manage and regulate the transport, introduction of, use (including contained use), release or placing
on the market or in the environment of genetically modified organisms;
(n) in relation to environmental audits and assessments:
(i) require any person conducting such activities as may be prescribed or running or operating such facilities as may be prescribed
to carry out environmental audits and assessments and to submit to the Authority environmental audit and assessment reports;
which shall include:
1. a detailed description of the activity or facility;
2. a detailed description of the environmental impact of the activity or facility;
3. plans to prevent and reduce risks of adverse effects and to remedy any adverse effects caused; and
4. a contingency plan to deal with any emergency;
(ii) require any person to comply with any plan provided for in points 3 and 4 of sub-paragraph (i);
(o) in relation to development planning, in order to regulate or otherwise provide for any matter relating to development
or other activities affecting land or sea, and to give fuller effect to the provisions of this Act, and in particular, but
without prejudice to the generality of the aforesaid:
(i) regulate buildings and the construction, demolition or alteration thereof, as well as any other matter relating
thereto, taking account of all relevant considerations, including safety, aesthetics, health, environment and sanitation;
(ii) prescribe the manner in which a building levy or other charge made under this Act is to be established, made, reviewed,
collected, utilised or otherwise dealt with;
(p) in relation to enforcement:
(i) to authorise and regulate clamping, towing, removal and storage by the Authority of any object used for or in
connection with anything contrary to the provisions of this Act or any regulation issued thereunder;
(ii) to exclude the Authority from any liability, other than liability for gross negligence, incurred in connection with the execution
of its duties under the said regulations;
(iii) providing for the disposal of such objects when the said objects are not claimed by their owners within such time as may be
prescribed;
(iv) establishing fees payable to the Authority for the removal of clamps, for towing, for the storage of such objects and for
the auction or other form of disposal of such objects;
(v) establishing the circumstances where such objects can be confiscated and to establish the relative procedure for
their confiscation and disposal;
(vi) establishing offences and the relative punishments in relation to matters referred to in sub-paragraphs
(i) to (v), which punishments shall not exceed a maximum fine (multa) of twelve thousand euro; and
(vii) specifying the type of illegal activity the provisions of articles 90 and 93 shall apply to and for establishing
the relative penalty;
(viii) article 21 of the Criminal Code and the provisions of the Probation Act shall not apply to any offence established under paragraph (vi);
(q) amend, substitute, add to or otherwise alter anything contained in the Schedules;
(r) for any other purpose for which regulations are authorized or required to be made otherwise than by the Authority;
(s) prescribe the form of any notice, order or other document authorised or required by this Act to be made, served
or given;
(t) to regulate how any notice or communication to or from the Authority which in terms of this Act shall be in writing may
be made in electronic form;
(u) provide that any person who acts in contravention of any regulation under this Act shall be guilty of an offence against
this article, and establishing such penalty, being a penalty not greater than a fine (multa) of two hundred and thirty-three thousand euro or to imprisonment for a term not exceeding two years, or both such fine and imprisonment,
to which any person
Cap. 9. Cap. 446.
so guilty may be liable:
Provided that such regulations may provide that a person, who having been sentenced for an offence against the same
regulation by a judgement which has become absolute, commits a further offence in contravention of the same regulation
within such time as may be prescribed, shall be liable to pay a higher fine (multa), not exceeding double the fine (multa) which would otherwise have been inflicted, and for the purpose of this proviso the maximum fine that may be established by such
regulations shall be four hundred and sixty-six thousand euro:
Provided further that such fine shall in all cases be due to the Government as a civil debt, and that where the person guilty of the
offence is a director, secretary or manager of a body corporate for the economic benefit of whom the offence was committed,
such body corporate shall be liable in solidum with the offender for the payment of the said civil debt; and
(v) prescribe any other matter that is to be or may be prescribed.
(3) Notwithstanding the other provisions of this Act or of any other law, Schedules annexed to regulations made under this Act
may be made or published in the English language only.
Procedure for making of regulations.
62. (1) Regulations under this Act shall be made by the Mi ni st er aft e r con s ult a tio n wit h the Aut h o r it y an d
ex cep t f o r regu lations under article 61(2) ( a ), ( b) and ( u ) and in the cases referred to in sub-article (2) hereof shall not be made unless a draft of the said regulations has been issued
for public consultation thereby allowing any person a period of at least four weeks to make representations to the Minister or to
the Authority or to both stating how in his opinion the proposed regulations could be improved to reach their ultimate aim.
(2) The provisions of sub-article (1) with regard to consultation with the Authority and with regard to the publication of a draft
of the regulations for public consultation shall not apply in respect to any regulations, which the Minister declares to be urgent
or when a form of pub lic consu ltat i on was carri ed o u t befo re the date of coming into force of this Act.
(3) Any person may, in the circumstances referred to in sub- article (1) in respect of draft regulations, not later than six weeks
after the promulgation of any regulations made in accordance with sub -ar ticl e (2 ) mak e subm issio ns to th e Min ister and ,
or to the Authority stating why and how the regulations should be revoked or amended.
(4) The Authority shall consider any representations made to it under sub-articles (1) and (3) and shall report thereon, after
hearing such persons or taking such expert advice as it considers expedient, to the Minister together with any other views it may
have on the draft published under sub-article (1) or the regulations made under
sub-article (2), and the Minister may, upon receipt of the report by the Authority and any representations received by him, proceed
to revise the draft regulations and to promulgate such regulations in accordance with such revision, or to amend any regulations
already promulgated; provided that where the Authority has not after the lapse of four weeks after the end of the period for representation
referred to in sub-article (1) has elapsed, not made the report or has not given its views to the Minister, the Minister may proceed
to promulgate the regulations contained in the draft with or without chan ges as he may deem ex pedi en t, with out pr ej udi ce
to the possibility of making any changes upon the receipt of such report and views when made.
(5) When the Minister makes regulations concerning the procedure before the Authority or any board, commission or other
body established under this Act, he shall also consult the Authority or such board, commission or body:
Provided that regulations concerning the procedure before the Court of Appeal and appeals before it under this Act shall be ma de
by the Minister re sponsi ble for Justice who sha l l not be required to consult with the Authority:
Provided further that regulations concerning the establishment or variation of any fee shall be made by the Minister
with the concurrence of the Minister responsible for finance.
(2) An order shall be published in the Gazette and shall have e f fec t from the date specified or indica ted the r e i n.
The development or any aspect thereof regulated by such an order shall be cal l ed "ex e m p t wo rks" or "exemp
t act i vity" and an order regulating development shall be called "development order".
(3) The provisions of article 58(2)(n) shall apply to an order as they apply to subsidiary plans.
(4) An order may include works and activities of a relatively m i no r or temp or ar y natu re, o r wo rks and acti v it ies deemed
compatible with the area in which they are being carried out, and may include internal works, minor additions to existing buildings,
min or variati ons du rin g cons tructio n, repairs to dangero us structures, and reconstruction of damaged buildings which repairs
and recon stru ctio n are to be carried out in t he existing style or according to development plans or planning policies.
(5) The order may enable the Authority to require the removal of an illegal development of whatever nature, or the discontinuance
of an activity has been carried out in breach of the provisions of this Act and in contravention of any order or provision aforesaid,
Orders.
and for applying any of the provisions of this Act with respect to enforcement, subject to such adaptations and modifications as may
be specified in the order, or otherwise provide for the enforcement of the order and of any notices issued thereunder.
(6) The Authority shall periodically review the orders.
(7) Development orders shall be made and reviewed by the Authority after consultation with the Chamber of Architects and
the Chamber of Planners.
(8) Works carried out under development orders, under the sup ervisio n of a p erson h oldi ng a warrant o f perit or under
the superv ision of such other persons who are comp et en t fo r the purpose as the Minister may by regulations prescribe and where
re quired in the orde r, exempt work s an d activi ties, ar e t o b e notified in writing to the Authority.
(9) An order may regulate:
(a) development or an activity described as permitted in an order which does not require that written notification
of such development or activity be given to the Authority;
(b) development or an activity described as permitted in an order provided that written notification of such development
or activity is to be given to the Authority;
(c) development or an activity described as permitted in an order provided that written notification of such development
or activity is to be given to the Authority and the Authority has endorsed such development as being permitted.
(10) No new development or activity in terms of an order may be carried out on a site if on the said site there exists an illegal
development of whatever nature, or if an activity has been carried out in breach of the provisions of this Act, unless that new development
or activity is one which the Authority may prescribe and which is covered by an order as mentioned in sub-article (9).
Access to information.
(a) the nature of the information that may be requested;
(b) the circumstances in which such information may be requested;
(c) the circumstances in which such information may be withheld by the requested entity and the publication of the reasons for which
such information is withheld;
(d) the fees that may be charged in respect of any such
information; and
(e) the time within which such information is to be supplied.
(2) Without prejudice to the generality of sub-article (1), the Authority shall keep and make available for public inspection at
such reasonable times as it may determine, a register or registers:
(a) of all applications for a licence or development permission received by it containing the name of the applicant
and details of the proposal including documents and detailed plans; and
(b) of all decisions including documents and detailed plans made on such applications.
5. Environment and Development Brief
(2) A brief shall consist of a written statement supported by such maps and diagrams as may be considered necessary.
(3) A brief shall contain guidance and information on the following matters as may be considered necessary:
(a) a description of the site and its location;
(b) guidelines on the development of the site, including: (i) land uses and site layout,
(ii) building form, heights and design,
(iii) any building and landscape features to be retained,
(iv) access, parking and circulation requirements, (v) landscaping and nature conservation aspects;
(c) environmental matters and constraints including the necessity of any environmental assessment;
(d) tenure of the site;
(e) services and infrastructure;
(f) the format and content of submission requirements;
(g) any other information which may be relevant to the site and to the purpose of the development brief.
(4) The Minister may, after consultation with the Authority, make regulations to give better effect to the prov isions of
this article and, without prejudice to the generality of the foregoing, he may:
Environment and Development Brief.
(a) establish the procedure to be followed by an authority in its consideration and determination of the Brief;
(b) prescribe those matters on which a brief may be prepared;
(c) prescribe a tariff of fees.
PART V
Environment Protection and Development Control
1. Requirement of licences and permission
Licences. 66. No person shall carry out any of the following activities unless he is in possession of a licence from the Authority:
(a) in relation to biodiversity:
(i) for whatever purpose, trade in, sell, buy, exchange, transfer or dispose, transport, import, export or re-export
such specimens of flora or fauna, as may be prescribed whether dead or alive in whole or in part, including
any derivatives thereof;
(ii) have such specimens of flora or fauna as may be prescribed in transit;
(iii) have in his possession such specimens of flora or fauna as may be prescribed;
(iv) handle such specimens of flora and fauna as may be prescribed, in any manner including the ringing and tagging thereof;
(v) mount/stuff, trap, shoot or capture such specimens of fauna as may be prescribed;
(vi) deliberately pick, collect, cut, destroy, kill, pursue, take, damage, capture such specimens of flora or fauna as
may be prescribed;
(vii) uproot, fell, prune or carry out any surgical interventions on such specimens of flora as may be prescribed;
(viii) use prohibited means of capture and killing as may be prescribed;
(ix) manage invasive and alien species as may be prescribed;
(x) introduce or reintroduce species as may be prescribed;
(xi) carry out activities in protected areas considered to have an effect on biological diversity and the integrity of the site;
(xii) carry out any activity which goes counter to the principles of ecological restoration or species and protected area
management, as may be prescribed, including but not limited to:
1. activities which are expected to cause permanent alterations to the protected area,
2. afforestation or planting,
3. activities expected to generate noise and light,
4. activities involving fires/fireworks,
5. activities considered to have an effect on biological diversity,
6. off-roading activities or events;
(xiii) modify, endanger the stability of or demolish rural structures affording a habitat for flora and fauna as may be prescribed;
(xiv) manage biological diversity as may be prescribed;
(b) in relation to waste management:
(i) store, treat, collect, transfer, recover or otherwise manage or handle such waste as may be prescribed;
(ii) act as broker for the carrying out of the functions mentioned in sub-paragraph (i);
(iii) trade in, import or export waste;
(iv) have such waste as may be prescribed in transit; (v) operate waste management facilities;
(c) in relation to pollution control, conduct operations that discharge or cause or permit to be discharged such substance
or energy as may be prescribed into the environment;
(d) in relation to genetically modified organisms:
(i) trade in genetically modified organisms;
(ii) manage or otherwise have in his possession genetically modified organisms;
(e) in relation to any other activity as may be prescribed by regulations.
(2) For the purposes of this article, and, unless the context otherwi s e requi res, f o r all other purposes in thi
s Act, "development" means the carrying out of building, engineering, q u arr y in g, min in g or ot her o p erat ion
s f o r th e const r uct i o n , demolition or alterations in, on, over, or under any land or the sea, the placing of advertisem
ents, or the m a kin g of any material change in use of land or building other than:
(a) maintenance operations, which affect only the interior of a building or do not materially affect the external appearance of the
building:
Provided that such maintenance works are not contrary to any order made under this Act in relation to the building:
Provided further that maintenance operations shall not
Development to require permission.
include demolition and rebuilding works, irrespective of where such demolition and rebuilding works are carried out;
(b) the use of land for agriculture, animal husbandry and forestry (including afforestation), except where such use consists of:
(i) the erection of buildings or amounts to intensive raising of crops or animals; or
(ii) the reclamation of land for agriculture by the deposit of material on such land; or
(iii) the conversion to agricultural use of land which is not currently used for agricultural purposes; and
(c) in the case of buildings or other land that are used for a purpose of any class specified in an order made by the Authority under
this Act, the use thereof for any other purpose of the same Class.
(3) For the purpose of this article:
(a) the use of a building resulting in an increase or a reduction in the number of dwelling units in which the building
was previously used; or
(b) the deposit of materials on land; or
(c) the use for the display of advertisements of any external part of a building that is not normally used for the purpose,
involves a material change in the use of that building or land, or part thereof, without prejudice, in the case of advertisements,
to any regulations or order made under this Act with respect to their control.
(4) For the purpose of this article, development includes clearing of valleys from accumulated sediment and development
in relation to the sea includes land reclamation from the sea, aquaculture and beach developments and their related uses.
Application for licences and permission.
(2) Any person may also apply to the Authority for a determi n ation as t o wh et her a propo sal requ ires
a l i cence or development permission.
(3) An applicant for development permission shall certify to the Authority that:
(a) he is the owner of the site or that he has notified the owner of his intention to apply by registered letter of
which a copy has been received by the Authority and that the owner has granted his consent to such a proposal, or
(b) he is authorised to carry out such proposed development under any other law or through an agreement
with the owner:
Provided that where:
(i) the applicant is the Government of Malta, or any department, agency, authority or other body corporate wholly owned by
the Government; or
(ii) the applicant is not the owner of the site, but he holds the site under title agricultural lease, or holds the premises under
a title of lease and he is carrying out the works under a scheme of a Government entity,
the applicant must still notify the owner of his intention to apply by re gistered le tter of which a co py has been recei v ed by
the A u thority, but need not certify that t h e own e r has g r anted his consent to such a proposal.
(4) Any person may declare an interest in a development and, on the basis of issues relevant to environment and planning, make
representations on the development. Such declaration of interest and representations shall be in writing and is to be received by
the Authority within such period as established by the Authority.
(5) During the processing of the application, the Authority shall consider representations made by interested registered
parties in accordance with the provisions of sub-article (4).
(6) The Authority shall inform the registered interested parties where fresh plans have been filed and the register ed interested
party shall be n o tified of the A u thori t y’s si tting w h en su ch application shall be discussed:
Provided that such submissions may be made in any format deemed appropriate by the Authority, and shall include submissions received
by post or by hand and electronic submissions:
Provided further that if the last day for submissions as set out by the Authority is a public holiday or a day when the offices of
the Authority are close d for the public, th e time limit fo r such submissions shall be deem ed to expire on the next following
working day.
(a) with respect to an application for a development permission apply the following:
(i) plans:
Provided that the height limitation may only be modified by applying a policy which deals with the maximum building height which
may be permitted on a site, which policy may take into
Licence and permits.
consideration the site coverage, the building volume which may be permitted on a site or any other material consideration;
(ii) policies:
Provided that subsidiary plans and policies shall not be applied retroactively so as to adversely affect vested rights arising
from a valid development permission;
(b) with respect to any other application apply such plans, policies and regulations issued under this Act as it may deem relevant
and appropriate.
(2) In its determination upon an application the Authority shall also have regard to:
(a) any other material consideration, including, environmental, aesthetic and sanitary considerations, which the
Authority may deem relevant:
Provided that no such material consideration including commitment from other buildings in the surroundings may be interpreted or
used to increase the height limitation set out in a plan;
(b) representations made in response to the publication of the development proposal.
(3) The Authority shall have power to grant or to refuse a licence or development permission, and in granting such licence
or permission the Authority shall be entitled to impose such condition which it may deem appropriate:
Provided that upon a refusal or the imposition of particular co nd it io ns, the Au th ori t y shal l giv e sp eci f ic r e aso n
s based o n exi s tin g pl ans, po li cies an d regu lat i o n s or ot her mater i al considerations for such refusal or for any
particular conditions that may have been imposed:
Provided further that the execution and validity of a permit in case of a development mentioned in the Seventh Schedule shall be automatically
suspended and no works as approved by the said development permit may commence before the lapse of the time period established in
paragraph (1) of the Second Schedule, and shall r e main so susp en ded u n til th e Tr ibun al appo int s its first hearing on an
appeal from such a permit, if any, und er the p r o v isi ons of art i cl e 41 (3 ), an d t h is wit h o u t prejud ice to the provisions
of article 41(3).
(4) A licence or a development permission may be granted for a limited period or in perpetuity, but shall in all cases cease to
be operative if activity or development has not been completed within five years of its issu e, provided that the Authority may,
on the ap pli c at ion of th e person ho ldi ng the licence or develop m ent permission, extend the said licence or permission to
such further period or periods as it may consider reasonable.
(5) In granting a licence or development permission, the
Authority may require the activity or development to be completed
within a specified period of time as it may establish provided that the Authority shall state the reasons justifying such requirement.
(6) Except as may be otherwise provided in the permission, a development permission shall ensure for the benefit of the land and
for all persons for the time being interested therein, but without prejudice to the other provisions of this Act affecting its validity
or operation. The permission shal l au tomatically pass on to new owners.
(7) In granting a licence or development permission, the Authority may require the applicant to carry out the activity or
development in stages. The Authority shall inform the applicant in the said licence or per mission wh ic h are the sa id sta g es
and, following the completion of each stage, the applicant shall request the Authority to carry out an inspection of the activity
or works carried out; and, if following such an inspection, it is found that the activity or works have been carried out in terms
of the licence or d e velop m ent permi s si on , th e Au tho r it y shall au th ori z e t h e applicant to carry out the next stage
of the activity or development.
(8) Where the Authority, in the case of major projects, considers it appropriate to closely monitor specific conditions
in a lice n ce o r dev e lo pm ent perm issio n b y appo in tin g a pe rson competent for the said purpose, it shall do so at the
expense of the applicant.
(9) Without prejudice to the provisions of this article, where an application to develop land consists in the mining of minerals
the Authority may, and, where planning and environmental standards so require, shall, require the applicant to provide a scheme for
the treatment of the working and surrounding areas during the working period and for the treatm ent of the said areas when work ing
is completed.
(10) The Authority shall not grant permission for the mining of minerals un less it is sati sfie d that pl anni ng and environmental
standards will be met and the site will be kept and eventually left in acceptable conditions.
(11) Where the Authority has required a scheme to be submitted as prov ided in sub-article (1), the s c he me, as ac cepte d by the
Authority, shall be made a condition of any permission granted by it; and the Authority shall further require such guarantees to
be given by the applicant as it deems necessary to ensure that the scheme will be adhered to.
Supplementary provisions regarding permissions and licences.
Provided that any application or permission under this sub- article shall not be processed or granted unless the applicant or his
predecessor in title has:
(a) forthwith upon being required so to do, ceased to carry out any works he was required to interrupt; and
(b) paid such fines or made such other payments as may be due on the site subject of the application.
(2) A permission under this article may be granted so as to take ef fect from t h e d a te o n w h ich th e bu ild ing s or wo
rks were constructed or carried out or the use was commenced, or from the date the development permission ceased to be valid or operative,
as the case may be.
(3) A development permission may specify the purposes for which a building may be used; and if no purpose is specified the permission
shall be construed as including permission to use the building for the purpose for which it is designed.
(4) Where a development permission is given for a limited period only, nothing in this Act shall be construed as requiring
permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose
for which it was normally used before the permission was granted, but no account shall be taken of any use made in contravention
of this Act.
(5) The Authority may, prior to the issue of or in issuing a development permission or licence, demand from the person in whose
favour the permission or licence will be issued, as a condition for the issue of the development permission or licence, to provide
a bond in favour of the Authority in order to guarantee compliance with the conditions of the permission or licence once issued,
or in order to gu arantee paym en t in respect of damages which may be caused to the environment or to the infrastructure. The Authority
may, after the issue of a development permission or licence, if the development or activity is not being carried out in accordance
with the permission or licence, or is otherwise causing damage to the environment or the infrastructure, demand the said person in
whose favour the permission or licence has been issued, as a condition for the continuance of the development permission or licence,
to provide a bond in favour of the Authority in order to guarantee compliance with the conditions of th e pe rmission or licence,
or in order to guarantee payment in respect of damages which may be caused to the environment or to the infrastructure:
Provided that nothing in this sub-article shall be interpreted as authorizing the Authority to demand a bond in an amount not commensura
te with the nature of t h e dev e lop m e n t proj ect o r activity:
Provided further that such a bond may only be forfeited by the Authority if there is clear evidence that the applicant has not complied
with the conditions of the development permission or li cence and the reasons for forfeitin g the bond shall be communicated
in writing to the applicant.
make regulations to give better effect to the prov isions of this
article and, without prejudice to the generality of the foregoing, he
may:
Decisions to be taken without delay.
(a) establish the procedures to be used by the Authority and the applicant in the processing and determination of applications;
(b) establish the procedures to be used by an applicant prior to the submission of an application;
(c) establish time limits within which submissions have to be made and decisions have to be taken and communicated.
(a) applications in respect of an activity or development of a national or strategic significance or affecting matters of
national security or other national interests;
(b) applications in respect of and activity or development which could affect the interests of other governments;
(c) applications in respect of development which is subject to an environmental impact statement;
(d) requests for reconsideration where the decision to be reconsidered was taken by the Authority itself.
Applications the decisions of which cannot be delegated.
(2) A request for a reconsideration shall be made within thirty days from notification of the decision of the Authority or of
the Comm issio n , as th e case ma y be, and may n o t be m a de concurrently with an appeal. The request for a reconsideration
shall include a written document cont aining the reasons for such a request.
(3) The Authority shall inform the registered interested parties w h ere a requ es t for a re cons ider ation has been filed and
the registered inte rested p a rt y shal l be n o t i fied o f t h e Au th orit y’s sitting when such a request for a reconsideration
shall be discussed.
(4) No reconsideration may be demanded by a registered interested party, even if such interested party has made written
objections in accordance with the provisions of article 68(4).
Reconsideration.
Appeal.
decision of the Authority or of the Commission, as the case may be. The request for an appeal s h all include a written document containing
the reasons for such a request.
(2) Where a request for reconsideration has been made, an appeal m a y be made to the T r ib unal within thir ty days of
notification of the decision taken in the reconsideration.
Call in procedure. 75. (1) Where an appeal is lodged by an applicant or by an interested third party from any decision of the Authority referred to in sub-article (2), the Secretary of the Tribunal shall inform the Minister of such an appeal within fifteen days from its receipt. In such case, the Minister may, within fifteen days from the date when he has received such information, either instruct the Tribunal to proceed with the determination of the appeal or decide to refer the application to the Cabinet of Ministers for determination. Where the Minister does not decide to refer an application to the Cabinet of Ministers as aforesaid within the said period, it shall be deemed for all purposes and effects of law that he has opted to refer the said appeal to the Tribunal for its decision.
(2) The Minister may refer to the Cabinet of Ministers applications called in by him in terms of sub-article (1)
where such applications are:
(a) applications in respect of development which appears to him to be of a strategic significance;
(b) applications in respect of development which appears to him to affect matters of national security or national interests;
(c) applications in respect of development which appears to him likely to affect the interests of other governments;
(d) applications in respect of development which is subject to an environmental impact assessment and which in his
opinion is of national interest;
(e) applications in respect of which the applicant is a department of Government or a body corporate established
by law.
(3) Where the Minister decides to refer to the Cabinet of Ministers an appli cation called in by him , he shal l request
the Tribunal to draw up its recommendation on that application after havi ng heard the parties an d the T r ibun al shal l
send its recommendation on that particular application to the Minister who shall refer it to the Cabinet of Ministers. Such recommendation
shall be available to the public.
(4) The Cabinet Secretary shall, within fifteen days from the date of such decision, communicate the decision of the Cabinet of
Ministers to the Authority together with the reasons in justification thereof and the A u thority shall comply therewith, publi s
h th e decision of the Cabinet of Ministers in such manner as it may deem fit or as it may be prescribed and shall communicate the
decision of the Cabinet of Ministers to the parties within fifteen days from the receipt of such decision.
(a) to carry out an activity or works:
(i) on the land in respect of which development permission is sought, or
(ii) on any other land or area, or
(iii) on the land or area mentioned in both subparagraphs (i) and (ii); or
(b) to make some payment or confer some extraneous right or benefit, where the Authority considers it to be more appropriate.
The Authority shall seek to obtain these benefits or gains by means of conditions attached to a grant of the licence or development
permission or by means of an environment and planning obligation entered into by a public deed made by the applicant for the licence
or development permission with the Authority.
(2) Any person may, by agreement with the Authority, enter into an environment and planning obligation:
(a) restricting the development or use of that land in any specified way;
(b) requiring specified operations or activities to be carried out, in, on, under or over that land or area;
(c) requiring that land or area to be used in any specified way; or
(d) requiring a sum or sums to be paid to the Authority on a specified date or dates or periodically.
(3) The Minister may, in consultation with the Authority, make regulations for giving better effect to the provisions of this article
and may, without prejudice to the generality of the foregoing:
(a) prescribe the procedure how an environment and planning obligation may be entered into, enforced, modified and discharged;
(b) establish any restrictions, conditions or the payment of any sums of money which may be imposed in such an environment and planning
obligations; and
(c) regulate appeals to the Tribunal made in terms of sub- article (4).
(4) The applicant and any person interested in land may appeal to the Tribunal from a planning obligation entered into in terms
of sub-article (1).
2. Revocation or modification of permission,
licence or authorisation and Discontinuance or removal orders
Obligations.
Revocation and modification.
licence or development permissio n gran ted under this Act, including any clearance issued by the Authority under an Order, stating
in such decision its reas on s for so do ing ; an d, p r i o r to deciding to revoke or modify a licence or development permission
in terms of this sub-article, the Authority or the Tribunal, as the case may be, shall inform the person who will be affected by
its decision of the date and time of its meeting where the Authority or the Tribunal shall also hear the said person’s submissions
if the latter opts to attend, and any other person’s submissions:
Provided that the Authority or the Tribunal may in relation to any licence or development permission, including any clearance issued
by the Authority under an Order, issued after the date of coming into force of this Act commence proceedings to revoke or modify
any such licence or development permission, including any clearance issued by the Authority under an Order, within five years from
the date of issuing of the licence or development permission, including any clearance issued by the Authority under an Order.
(2) For the purposes of sub-article (1):
"fraud" mean s t h e su bmission t o th e Autho r ity of any information, declaration or plan on the basis of which
the Authority has approved a licence or deve lopment permission, where such information, declaration or plan is false, misleading
or incorrect, irre spec tive of whether such decei t is the result of a wilful or negligent act:
Provided that the Authority shall not revoke or modify a licence or develo pment permi ssion on t h e basis of fraud wh ere th e fraud
ulent info rm atio n did not h a ve a m a terial bearing on th e issuing of the licence or development permission; and
"error on the face of the record" means an error on the face of a record which offends against the law.
(3) The applicant shall, if the decision is taken by the Authority, have a right to appeal the Authority’s decision
to the Tribunal within thirty days from the date of service of a revocation decision or a modification decision.
(4) No compensation shall be payable by the Authority when it acts under the provisions of sub-article (1) where the reason for
the revocatio n or a m odi ficati on o f a licence o r dev e lopm ent p erm issi on is bas ed on frau d or erro r o f l aw on th
e fac e o f t he record.
(5) Where the reason for revocation or modification of a licence or development permission is public safety, the following
rules shall apply:
(a) any demolition or other work that may be necessary for compliance with the order shall be carried out by, or at the expense
of, the Authority;
(b) if on a claim made to the Authority within twelve months of the date of the revocation decision or the modification
decision, it is shown that any person interested in the land has incurred expenditure that is rendered useless by the revocation
or modification, or
has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Authority shall,
subject to paragraph (c), pay to that person compensation in respect of that expenditure, loss or damage;
(c) no compensation shall be payable under this article:
(i) in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation
or modification,
(ii) in respect of any work carried out before the grant of the licence or permission that is revoked or modified, or in
respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that licence or permission;
(d) where compensation is payable under this article in respect of expenditure incurred in carrying out any work on land,
if the competent authority under the Land Acquisition (Public Purposes) Ordinance acquires any interest in that land, any compensation payable in respect of the acquisition of that interest shall be reduced by
an amount equal to the value of the works in respect of which compensation is payable under this article.
Cap. 88.
(2) Where a discontinuance or removal order is made in respect of an activity, works or use, or of a building, plant, equipment
or oth e r thi ng law f ul ly carried o n o r in exist e nce o n the land me nt io ned i n th e no ti ce th e A u t h o r it y shal
l be l i ab le t o pay compensation for any losses sustained as a result of the notice:
Provided that any benefits derived from the same notice shall be offset against the losses aforesaid:
Provided further that no such compensation is due if the authorisation or permission itself allows the Authority to request the discontinuance
of any existing use or activity or any works to be discontinued or any building, plant, equipment or other thing whatsoever to be
removed from any land, or if such an order is made by the Court.
3. Charges and contributions
Discontinuance and removal orders.
Charges and contributions.
Cap. 10.
with the concurrence of the Minister and of the Minister responsible for finance, taki ng account of the nature of the develo pmen
t, the timi ng o f t h e d e v e lop m ent in r e l a t i o n to th e planned phasing t h ereof, of the con d itio ns att a ching
to th e permission and of any other relevant consideration.
(2) The Authority shall have power to levy a contribution towards the cost of the infrastructure services and other services
or facilities arising from any permission to develop land, to be known as the Infrastructure Service Con t ribut ion , from th e
person applying for such permission or carrying out such development, in a ccordance with such rates as the Au tho r ity may, with
th e concurrence of the Minister and of the Minister responsible for finance, from time to time determine, taking account of the
services
in volved, t h e areas of d e velop m ent and oth e r material considerations.
(3) The sums collected by the Authority under sub-article (2) shall be paid to the Government each year af ter a dedu ction therefrom
is made to cover the reasonable costs incurred in the determination and levying of the contribution:
Provided that with respect to contributions leviable by the Authority on behalf of the Authorit y for Tr ansport in Malta in terms
of article 20 of the Code of Police Laws, such regulations shall be made with the concurrence of the Minister responsible for the Authority for Transport in Malta and the
Minister responsible for finance, and such contributions leviable, as aforesaid shall, n ot wi th stan di ng an yt hi ng co nt ain
ed in t hi s A ct, be pa id by t he Authority to the Authority for Transport in Malta each year after a deduction therefrom is made
to cover the reasonable costs as may be agreed between the two authorities incurred in the determination and levying of the contributions.
(4) The Authority shall have power to levy a charge in respect of any other application for a licence or authorisation made to
it.
(5) The schedule of charges and the rates of contributions established under this article, as from time to time in force,
shall be published as regulations and shall have effect as so published.
(6) The charges and contributions levied under sub-articles (1)
and (2) shall be collectively known as the "building levy".
Payment of fee and contribution.
Scheduling and conservation orders.
79 has been paid to and received by the Authority; and any activity or works carried out without such payment having been made and
received shall be deemed to be an activity or development carried out without the permission of the Authority.
4. Scheduling and Conservation
as areas of na tural beauty, eco lo gi cal or sci e nt if ic val u e (hereinafter referred to as "scheduled property")
which are to be scheduled for conservation and may in respect of all or any one or mo re of t h e schedul ed pro p er ty make conservation
ord e rs t o regulate their conservation:
Provided that upon the issue of a conservation order the owner shall have the right to immediate access at reasonable times to all
documentation of the Authority concerning the said order for the purpose of studying the relative findings and considerations and
th e ow ne r m a y c o n t est t h e sa id d e c i si on in wr it i n g w i th th e Aut h o r i t y wi th in th ir ty da ys f r o
m th e d a te wh en the or der i s notified to him or is published in the Gazette, whichever is the later.
(2) The list of conservation orders, and any additions or am endm ents thereto, shall be pub lished in the Gazette and
in a local newspaper. The Authority shall also notify any one of the owners of any property subject of a conservation order of the
fact of its inclusion in the list and of any conservation order made with respect to it. Notice of such conservation order shall
also be affixed on site. If none of such owners is known, or if it is not reasonably possible to effect service on such owners, the
said notice shall only be affixed on site and no service on such owners as aforesaid need be made. Notice of such conservation order
shall be registered in an index held for that purpose which identifies the property subject to that order. The said index shall be
held in an electronic form in su ch a way that researches to determine whether a property is subject to such an order may be carried
out. The Authority shall keep a copy of the said index in the office of the Land Registry and shall issue a certific a te which indicates
whether a particular property is subject to the said order on the payment of such fee as may be prescribed.
(3) Where the Authority has scheduled property in terms of this article, it shall register the said property in the index mentioned
in s u b-article (2) indicating the sa id p r op ert y a s havi ng been scheduled, and the provisions of the said sub-article concerning
the indexing of conservation orders shall mutatis mutandis apply. The list o f sched u l e d prop ert y, and any ad di ti ons or am en dm ent s
thereto, shall be published in the Gazette and in a local newspaper. Th e Aut hority sh all al so not ify any one o f t h e ow ners
of th e
scheduled property of the fact of its inclusion in the list. A notice of the said scheduling shall also be affixed on site. If none
of such owners is known, or if it is not reasonably possible to effect service
on such owners, the said notice shall only be affixed on site and no service on such owners as aforesaid need be made.
(4) For the purposes of sub-articles (2) and (3), "site" means a single property or more than one property, irrespective
of who is the owner of that property, which forms part of the land which is scheduled or which is subject to a conservation order
in terms of this article.
(5) The carrying on of any work in, and the demolition, alteration or extension of, any scheduled property is prohibited
or restricted as provided in this article or in a conservation order.
(6) No works of any description shall be carried out in or on an y sch e d u led pr opert y and n o schedu led pro p erty shall
b e demolished, altered or extended except with the permission of the Authority granted on an application made to it and giving such
details as the Author ity may requi re or in accordance with the provisions of a conserva ti on order; and for th e purpo se of this
ar ticl e , damage t o o r d e st ruct ion of any part o f a schedu led property shall be deemed to be a demolition thereof.
(7) A permission of the Authority and a conservation order granted or made under this article may contain such conditions
and o t h e r provi sio n s as th e Au th ority m a y deem necessary o r expedient; and a conservation order may regulate any matter
affecting scheduled property.
(8) In respect of any scheduled property, the Authority shall al so have p o wer to r e q u ir e th e owner, b y not ice in writ
in g, to u n d e rt ake suc h work s ge nerall y, or as m a y be speci fied i n t h e notice, as may be necessary to ensure that
no further deterioration occurs. In default, the Authority may give a further notice to the owner to carry out and complete the works
within a specified time, and if the owner is still in default it may itself carry out, or cause to be carried out, the necessary
works and recover the cost thereof from the owner of the scheduled property.
(9) If any scheduled property is demolished in contravention of any of the provisions of this article then, in addition to any
penalty o r ot her e ffect un der thi s A c t, every perso n c onv ict e d of such offence shall be lia ble to pay comp ensat i o
n to t h e Au th o r it y calculated on the basis of whichever is the highest of the following:
(a) the value of the thing destroyed, (b) the cost of restoration or repair,
(c) the financial benefit which could be achieved as a consequence of the demolition.
(10) An owner of scheduled property has a right to demand the reconsideration of any scheduling of his property. Such demand shall
be entered in writing with the Authority within thirty days of notification or publication in the Gazette, whichever is the later,
of the scheduling and the Authority shall decide within three months of receipt by it of the demand for reconsideration.
(11) Any person who feels aggrieved by a decision of the Au thorit y under this article m a y appeal to t h e Tr ibunal
for a revocation or modification of such a decision.
(12) The Minister ’s endorsement shall be sought when the Authority deschedules a scheduled property or when it downgrades
the protection af forded to a sc hed u l e d pr op ert y, an d no su ch descheduling or downgrading shall be valid before it is endorsed
by the Minister.
(13) When the Tribunal decides to deschedule a scheduled property or to downgrade the protection afforded to a scheduled property,
the Tribunal shall seek the Minister ’s endorsement and the period for lodging an appeal from the Tribunal’s decision to the
Court of Appeal shall commence to run from the date in which the
Tr ibunal would have inform ed the appellant acco rdingly of the
Minister ’s decision.
(14) Notwithstanding the provisions of article 41, an appeal to the Tr ibun al fro m a scheduling of property or th e issue of a
conservation order shall not stay the execution of such scheduling or conservation order.
Emergency conservation order.
Provided that in case of urgency the Chairman of the Authority may make an emergency conservation order without the need
of consulting the other members of the Authority.
(2) An emergency conservation order shall be published in the
Gazette and shall have effect immediately on its publication.
(3) An emergency conservation order shall, for a period of six months from its publication in the Gazette, have the same effect
as the inclusion of the property to which it refers in the list of schedul ed property. It shall cease to have any ef fect on t h
e expiration of the period aforesaid.
(4) Notwithstanding the provisions of article 41, an appeal to the Tribunal from an emergency conservation order shall not stay
the execution of such order.
PART VI
Powers of the Authority and Enforcement of Control
1. Right of Entry
(a) the right to enter any premises, public or private, at all reasonable time, and in the case of a dwelling house after giving
previous notice of at least forty-eight hours and not before nine o’clock in the morning or after seven o’clock in
the evening, and inspect or survey any land, or verify whether an illegal development or activity is taking or
has taken place;
(b) board any vehicle or vessel licensed under this Act, or as may otherwise be prescribed;
(c) examine any article to which this Act or any regulations under this Act may apply and take such
Right of entry.
samples as it may deem fit for examination;
(d) make plans of any premises, vehicle or vessel and take photographs of the same after entry or boarding in accordance with
paragraphs (a) and (b); or
(e) do anything that is ancillary or consequential thereto.
Monitoring of activities and development.
2. Enforcement of Control
(2) The Authority shall also undertake a review of all such activities and development carried out before the coming into force of this Act, or any other Act preceding this Act, not in compliance with rules, regulations, plans or policies in force at the time the activity or development took place; and in respect of any such an activity or development the Authority shall have such powers as it has in respect of an activity or development carried out after the coming in to force of this Act in order to ensure that the rules, regulations, plans and policies aforesaid are enforced or, if this is not reasonably possible, to regu larise any such an activity or developm ent to t he ext ent the Author ity deems adequate in the circumstances.
Officers. 85. (1) The Authority may appoint officers for the purposes of this Act, and such inspectors may upon production of proof of their i d en ti ty, i n or der t o ensu re co mp li anc e w i t h thi s A c t or a n y regulations made thereunder:
(a) enquire from any person information in connection with any activity or other matter regulated by this Act;
(b) issue stop or enforcement notices or orders to any person in accordance with the provisions of article 86.
(2) The provisions of sub-article (1) shall be without prejudice to the powers of the Police, Local Wardens, the Comptroller of
Cap. 9. Cap. 37.
Customs or of any other authority under the Criminal Code, the
Customs Ordinance or any other law.
(3) Officers appointed under this article shall notwithstanding any other law have the right to assist the police in the conduct
of prosecution for offences under this Act and to plead the case on behalf of the prosecution.
Enforcement procedure.
Provided that the Authority may issue a partial stop order requiring work or activity to be stopped forthwith only in relation
to that part of the activity to which the order applies and not in relation to the whole activity.
(2) If it appears to the Authority that any development is being carried out without the grant of permission required under this
Act, or t h at an y co nd it ion s su bj ect t o wh ich su ch perm issi on w a s granted in respect of any development are not being
complied with, the Authority shall serve a stop notice on the owner of the land or on the occupier of the land or on both, as the
Authority deems most expedient, requ iring work s or the d e velop m ent to b e sto pped forthwith:
Provided that the Authority may issue a partial stop notice requiring work to be stopped forthwith only in relation to that part of
the development to which the notice applies and not in relation to the whole development.
(3) A copy of the order or notice mentioned in sub-articles (1) and (2) may also be served on any represen tat i ve , bu il der,
contractor or workman on the site and the Authority may also affix such notice in a prominent position at a point of entry onto the
site.
(4) The Authority shall, in the case of a notice issued under sub-article (2) also inform:
(a) the local council in whose locality the land mentioned in sub-article (2) is found;
(b) the perit responsible for the said works, if known, that a stop notice as aforesaid has been issued by the Authority:
Provided that the non-compliance with the provisions of this sub-article shall in no case invalidate any notice issued under sub-articles
(1) and (2).
(5) The Authority shall register all stop orders and notices and all other enforcem ent notices in terms of this Act in the index
mentioned in article 81(2), and the provisions of the said article concerning indexing of conservation orders shall mutatis mutandis apply to stop and other enforcement notices in terms of this Act.
(6) Any order or notice made under this article shall contain a detailed description of the infringements being alleged and where
applicable, a site plan indicating the land which is the subject of such a notice shall be annexed thereto.
(7) If it appears to the Authority that any development of land has been carried out after the coming into force of this Act without
the grant of permission required in that behalf under this Act, or that any conditions subject to which such permission was granted
in respect of any development have not been complied with, the Authority may, having regard to the provisions of development plans,
planning policies and any other material consideration, serve on the owner of the land or on the occupier of the land or on both
as the Authority deems most expedient an enforcement notice and shall inform the persons mentioned in sub-article (4) of such an
enforcement notice, requiring such steps as may be specified in the notice to be taken within such time as may also be so specified
for restor ing the land to its con dition befor e the dev elo pment took
place or for removing such development or for securing compliance with the conditions aforesaid, as the case may be; and in particular,
but without prejudice to the generality of the aforesaid any such notice may, for the purpose aforesaid, require the demolition or
alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on the land of any building or other
operations.
(8) An order or notice given under any of the foregoing provisions of this article shall:
(a) in respect of any requirement stopping or prohibiting further activity, works or development or requiring the cessation of a
use, or in respect of any requirement of the notice if the notice refers to development listed in the Sixth Schedule or if the notice
is issued under the provisions of article 88(1) in relation to a development situate on a site listed in the Sixth Schedule, or if
the notice is issued under the provisions of article 88(2), take effect immediately upon service of the notice in terms of sub-articles
(1) and (2) notwithstanding that an application for a licence or development permission for the activity or development referred
to in the order or notice has been submitted or an appeal has been lodged against the order or notice;
(b) in respect of any other requirement, shall take effect at the expiration of such period (being not less than fifteen days
and not more than thirty days after service thereof) as may be specified therein.
(9) When an application for development permission has been submitted before the expiry of the period mentioned in sub-article
(8)(b) -
(a) for the retention on the land of any buildings or works to which the enforcement notice relates; or
(b) for the continuance of any use of the land to which the enforcement notice relates,
the operation of the notice, in respect of any requirement other than a req u irement stopping or prohi biting any fu rth e r work
or dev e lo pmen t, o r requ ir in g t h e cessat i o n of a use, sh al l b e suspended pending the final determination of the application,
and if the permission applied for is granted on that application and comes
into operation, the enforcement notice shall cease to have effect:
Provided that if the notice refers to development listed in the Sixth Schedule, or if the notice is issued under the provisions of
article 88(1) in relation to a development situate on a site listed in the Sixth Schedule or if the notice is issued under the provisions
of article 88(2), the operation of the notice shall not be suspended pending the final determination of the application.
(10) Any application to regularise an activity or a development shall be dismissed forthwith if a requirement in the order or notice
stopping or prohibiting further activity, work or development, or requiring the cessation of a use, has not, both prior or during
the
pendency of the application, been complied with or if any penalty or other payment for which any person has become liable under this
Act in respect of the relevant activity or development has not been paid or if the application is made to regularize a development
listed in the Sixth Schedule.
(11) The Authority may exercise its powers under article 90(1) notwithstanding that a second or subsequent application intended to
regularize the illegal activity or development may have been filed with the Authority concerning the same or part of the same activity
or site, irrespective of whether the said application is filed by the same applicant or by another applicant.
(12) Any person who feels aggrieved by any order or notice ser ved o n h im m ay, w ith in fi ft een days from the service
of the notice, appeal against it to the Tribunal, and on any such appeal the Tribunal:
(a) if satisfied that a licence or permission was granted under this Act, or under any other law which preceded this Act regulating
the activity in question or building permits, for the activity or the development to which the order or notice relates, or that
no such licence or permission was required in respect thereof, as the case may be, and that the conditions subject to which such
licence or permission was granted have been complied with, shall quash the order or notice to which the appeal relates or
such part thereof in respect of which the Board is satisfied as aforesaid;
(b) in any other case, shall dismiss the appeal.
(13) The appellant shall submit to the Tribunal together with his appeal a copy of all relevant licences or development permissions,
other permits or other relevant information in terms of which a licence or a development permission has been granted to carry out
the activity or development mentioned in the order or notice served on him which is the subject of the appeal proceedings; and if
the
T r i bun al i s sati sf ied th at no such licence or development perm issio n or perm its exi s t or that t h ere is n o auth orizati
on, how soev er call e d, i n terms of wh ich t h e a c tiv it y o r th e development could have been carried out, the Board
shall forthwith dismiss the appeal.
(14) If before an appeal is lodged or during the pendency of an appeal, the appellant submits to the Authority an application for
a licence or development permission regarding the activity or land mentioned in the order or notice, the Tribunal shall dismiss the
ap peal if i t is sati sfied t h at t h e sai d app l i c at io n is in ten d ed t o regularize the activity or development mentioned
in the order or notice.
(15) Where an appeal is dismissed, the Tribunal may direct that, in respect of any requirement, other than a requirement stopping
or p r ohibiti ng any further activi t y or w o rk or developmen t, or requiring the cessation of a use, the order or notice shall
not come into force until such date, being a date not earlier than fifteen days after the determination of the appeal, as the Tribunal
thinks fit.
(16) The Tribunal may correct any defect or error in the enforcem ent notice prov ided that the appellant shall be g i ven
sufficient time to prepare and put forward his case.
(17) Where the illegal activity or development is being carried out at sea the provisions of this article shall apply in such manner
that any reference therein to the owner of the land or the occupier of the land shall be deemed to be a reference to the person carrying
out the activity or development, and any reference to land shall be deemed to be a reference to the area at sea where the activity
or development occurs.
(18) All notices or orders issued under this Part shall be accompanied by a site plan.
Enforcement in relation to scheduled property.
Injury to amenity and removal of danger.
86(4) shall also apply to any notice under this article.
(2) The Minister may, in consultation with the Authority, by regulations under this article provide that property which is in
a state of disrepair and, or constitutes a danger, shall be demolished by its owner or by the Authority in accordance with the provisions
of article 90. Without prejudice to the generality of the foregoing, such regulations may prescribe:
(a) the manner through which the state of the property is certified as constituting a danger,
(b) the methodology and procedures to be used by the
Authority in any action it may take as aforesaid.
d i sabling or remov a l of any equip m ent, machinery, tools, belongings, vehicles or other objects that may be on site and the carry
ing out of any works necessary to com p ly with what is requested in the enforcem ent notice and may for such pu rpose request
the assistance of the Police Force, any local council, any department of Government or any agency of Government; and the Police Force
shall for such purpose exercise such powers as are vested in them at law.
(2) Where the removal of an illegal development involves by necessity the removal also of a development which is not illegal, the
Authority may proceed to remove also such other development, the removal of which is necessary as aforesaid.
(3) Notwithstanding the provisions of any other law and saving the provisions of article 46 of the Constitution and article 4 of the European Convention Act, no precautionary act may be issued by any court against the Authority restraining it from the exercise of any of the powers conferred
upon it by this article.
(4) Subject to the provisions of regulations made under this Act, when an enforcement notice has not been appealed or where an
enforcement notice has been appealed but has been confirmed by the Appeals Board or by the Court of Appeal, as the case may be, and
the owner of the land subject to an enforcement order fails to comply with the said order within the period therein prescribed, such
person shall be liable to a maximum penalty of not more than fifty euro for every day the default continues after the expiration
of the said period as the Auth ority m a y prescribe under the said regulations; and the Authority may recover such penalty from
the said person as a civil debt owing to it.
(5) All expenses reasonably incurred by the Authority in the exercise of its powers under this article, or any other amount due
to the Authority under any other provision of this Act or regulations made thereunder sh all , be recoverab l e as a civil debt
by t h e Authority from the owner of the land, or from any occupier of the land, or from any person responsible for the acts mentioned
in the notice, including a notice of payment, or an applicant, subject to su ch right of reco very such p erson may have against
any o ther person . The Authority shall not be li able for any damage s as a result of the exercise of its powers under this article
unless it is proved that such damage resulted from gross negligence on the part of the Authority, its officers and agents.
(6) Where the Authority desires to sue for the recovery of a
Other notices.
Supplementary provisions as to enforcement and proceedings for debts due to the Authority.
Cap. 319.
debt due to the Authority under any law or regulation which it is entitled to enforce, the Chairman, Chief Executive Officer or an
officer of the Authority duly authorised by the Authority to act on its behalf may make a declaration on oath before the Court registrar
or before any other officer authorised to administer the oath in judicial matters, wherein he states the nature of the debt and the
name of the debtor and confirm that it is due.
(7) The declaration referred to in sub-article (6) shall be served upon the debtor by means of a judicial act and it shall have
the same effect as a final judgement of the competent court unless the debtor shall, within a period of twenty days from service
upon him of the said declaration, oppose the claim by filing an application demanding that the court declare the claim unfounded.
(8) The application filed in terms of sub-article (7) shall be served upon the Authority, which shall be entitled to file a reply
wi thin a p e riod o f twent y days. The court shall appoi nt the application for hearing on a date after the lapse of that period.
(9) Any debts due to the Authority shall be prescribed by the lapse of the period of five years from the date on which the debt
was due.
Procedure to apply to certain types of development.
(2) An enforcement notice falling within the provisions of sub- article (1), the development in question shall not be considered
as having be en regu la ri sed in te rm s of th is Ac t un le ss and until a development permission has been granted to cover the
development in question and a penalty fixed by the Authority within the limits established in article 93 has been paid:
Provided that a person requested to pay such a penalty may appeal from such request in the manner provided for in article 93.
(3) When the Authority receives an application for development permission requesting amendment s , alt e rati
ons, additions or extensions to a development referred to in Category A of Schedule 8, the applicant shall request the Authority
to sanction the said illegal development in terms of the provisions of this Act, if su ch san c t i on is po ssi b le i n terms o
f law. Where th e i llegal d e v e lopm ent has not been san c tion e d no fu rth e r dev e lopm ent permission, other than for
that type of development which may be prescribed by the Minister, after consultation with the Authority, from amongst the development
mentioned in article 63(9)(a) and (b), may be granted with respect to the land in question unless and until the illegal development is removed.
(4) Where any person claims to the Authority that an enforcement notice falls within the provisions of sub-article
(1),
and the Authority does not accept such claim, the period of fifteen days mentioned in article 86(12) shall commence to run from the
da te that th e Authority serves such person with a notice to the effect that it is not accepting such claim.
(5) The Minister may, after consultation with the Authority, make regulations to give better effect to the prov isions of
this article.
Act*, hereinafter referred to as "new development".
(2) No service consisting in the supply of water or electricity to any new development shall be provided by any authority unless
there is in respect of such development a certificate issued by the Authority stating that the development is in accordance with
a development permission or falls under Category B of the Eighth Schedule.
(3) In any of the circumstances in which the Authority may serve an enforcement notice or order under any of the provisions of
this Act, the Minister shall, in consultation with the Authority, by re gu lat i o n s u n d e r th is arti cl e provide that such
a notic e is registered with the Land Registry and served on the Director of the Public Registry of Malta in the case of land situated
in the Island of Malta and on the Director of the Public Registry of Gozo in the case of land situated in Gozo. Without prejudice
to the generality of the foregoing, such regulations may prescribe:
(a) the procedures to be used by the Authority in making such a registration;
(b) the prohibition of the transfer inter vivos by any title whatsoever of any land in respect of which a notice as aforesaid may be, or has been, served, and the transfer or creation
of any real right thereon, by any title inter vivos whatsoever and that any transfer of any land and any transfer of any real right thereon, made by an act inter vivos under any title
whatsoever, shall be null and without effect.
(4) The provisions of article 41 shall apply to an order made under this article, and to any refusal to revoke such an order,
as they apply to a decision of the Authority referred to in sub-article (1)(a) of that article.
Certificate of development according to permit.
Cap. 356.
93. (1) Notwithstanding any other law providing for the trial and punishment of offences, where the Authority believes that a person has committed an offence against this Act, other than an offence under article 94(1)(d), the Authority may give notice in writing to such person describing the offence of which the person is accused, indicating the steps to be taken to remedy the offence and a penalty which he is required to pay in respect of that offence:
Special procedure.
*Repealed by this Act; but see footnote to article 8(2)(a).
Provided that the Authority may not require the payment of a penalty higher than fifty thousand euro and shall be in accordance with
a schedule of penalties, which the Minister, after consulting the Authority, and with the concurrence of the Minister responsible
for finance, may by regulations prescribe:
Provided further that any person who feels aggrieved by a decision of the Authority under this sub-article, may appeal to the Tribunal
for a revocation or modification of such a penalty.
(2) Where a notice under this article has been given, the person named in the notice may, within twenty-one days of the service
of the notice, accept responsibility for the offence specified in the notice and within the sam e period or such further period as
the Authority may allow, remedy the offence and pay, or undertake in writing to pay, the penalty indicated in the notice or such
other penalty as the Authority may accept in lieu, and in any such case:
(a) the person named in the notice shall be deemed to have committed the offence and to have admitted his guilt in respect thereof,
and the penalty paid, or agreed to be paid, shall be the penalty to which he became liable to pay;
(b) if the offence is remedied and the penalty is paid within the period, or further period, aforesaid, no further
proceedings may be taken against the said person in respect of the same facts:
Provided that the agreement to pay to the compromise penalty shall not extinguish any civil liability to make good any damages to
any person or authority and any liability arising under article 38;
(c) if the penalty is not paid within the period, or further period, aforesaid, it shall be treated as if it were a penalty
ordered to be paid by a court and proceedings may be taken accordingly to recover the same as a civil debt due to the Authority.
(3) Where the person to whom notice is given under sub-article (1) does not accept or, having accepted such responsibility, fails
to remedy the offence within the time aforesaid, ordinary criminal proceeding s may be taken against him in accordance with th e
provisions of law applicable to the offence.
PART VII Offences
Offences. 94. (1) Any person who -
(a) carries out any development on any land or allows any development to be carried out on land of which he is an owner without
a development permission as in force at the time of such development, or, if the development is carried out
with a development permission, fails to comply or to cause compliance with any condition, restriction or other limitation
to which the permission is subject; or
(b) acts in contravention of any of the provisions of article
81 and 82 in respect of any scheduled property, an emergency conservation order; or
(c) having been served with an enforcement notice or other notice under articles 78, 86, 87 or 88 fails to comply with any
of the requirements of such notice within the time therein specified; or
(d) hinders, obstructs, molests or interferes with, or attempts to hinder, obstruct, molest or interfere with, any officer
or employee of the Authority, or any police officer, or any public officer, or any employee or servant of any department
of Government or of any agency of Government or of any local council, in the execution of his duties under the law or fails to
comply with any reasonable requirement demanded of him by any such person as aforesaid or otherwise to assist him in the carrying
out of the said duties, or knowingly furnishes such person with false information or neglects or refuses to give any
information required for the purpose aforesaid; or
(e) makes a declaration for any of the purposes of this Act which is false, misleading or incorrect in any material respect,
shall be guilty of an offence against this Act and shall be liable, on conviction, t o a fine (multa) of not less than one thousand five hundred euro and not exceeding one hundred thousand Euro, and in respect of an offence under
paragraph ( d ) or, in the case of an offence under paragraph (c) if the offender persists in the offence for more than three months, also to imprisonment for a term of not less than three months
and not exceeding three years:
Provided that, and without prejudice to the provisions of articles 81(9) and article 90(3) and (4) and without prejudice to the ma
ximum fine abov e established, th e mi nimum fi ne (mu lta ) to which an offender is liable under this article shall not be less than the value of any work carried out without permission or
in violation of any conditions to which such permission was subject.
(2) The Court, besides awarding the punishment referred to in sub-article (1), shall order the offender to remove the causes of
the offence and to undo anything which was done without a permission or to comply with the conditions imposed in the permission,
as the case may be, within a time sufficient for the purpose, but in any case not exceeding three months from the date of the judgment,
to be fixed by the court; and, if the offender fails to comply with any such order w ithin the tim e so fixed, he shall be li abl
e to a fi ne (multa) of not less than fifty euro and not more than one hundred and thirty euro, as th e court may fix, for every day the default continues
after the expiration of the said time and may also order the modification, suspension or revocation of any authorisation or permission.
Cap. 9. Cap. 9.
Cap. 9. Cap. 446.
(3) Proceedings against any person for any offence as is m en ti o ned i n su b-arti cl e (1 ) sh al l be t ake n befo
re t he Co urt o f Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, as courts of criminal judicature in
accorda nce with the provisions of the Criminal Code:
Provided that, notwithstanding the provisions of article
376(1)(b) of the Criminal Code, the Court shall, at the request of
the prosecution or of the accused, take down evidence given by the witnesses in the manner provided for either in article 390(6) of
the said Code or in any law for the time being in force.
(4) Article 21 of the Criminal Code and the provisions of the Probation Act shall not apply to any offences referred to in this article.
(5) The filing of an application intended to regularise any illegal development or activity to which a prosecution refers,
and the filing of an appeal against a refusal of such an application shall not be a bar to the continuation of such a prosecution
and the court shall continue to hear such a case and shall give judgement and shall issue a n order in terms of s u b-article (2)
as if such an application or such an appeal had never been filed:
Provided that where such an activity or development has been reg u lari sed no fi ne un der su b-art i cle (2 ) shal l b e due in
respect of the time after the development has been regularised.
Cap. 9. (6) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given in proceedings arising o u t o f t h is A c t or of any re g u lati ons, ru les or orders made thereunder.
Certified copies of documents.
Service of notices, etc., under this Act.
PART VIII
Miscellaneous
(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or
(b) by leaving it at the usual or last known place of abode of that person or, if such person has furnished an address for
service, at that address; or
(c) by sending it in a registered letter addressed to that person at the place of abode or the address for service aforesaid; or
(d) in the case of a body corporate or other body of persons, by delivering it to an officer or servant thereof
at the registered or principal office, or sending it in a registered letter addressed to the body aforesaid at that office; or
(e) in any case in which it is not reasonably possible to effect service in any of the foregoing manners whether on all or on any
one or more of the persons on whom service is to be made or notice is to be given, by affixing the document to be
served or given in a conspicuous place on the land to which it relates and keeping it so affixed for a period of not less
than seven days.
(2) Where the notice or other document is required or authorised to be served or given to any person as having
an interest in land, and the name of that person cannot be ascertained after reasonable inquiry, or is required or authorised to
be served on an occupier of land, the notice shall be deemed to be duly served or given if it is served or given in any of the manners
indicated in sub- article (1) and addressed to the person having an interest in the land by th e descripti on of "owner"
or "o ccup ier", or "o wners" or "occupiers", as the case may require.
97. (1) The Minister may with effect from such date as may be establ ished by not ice in the Gazette r e p e al the Dev e lop m en
t Planning Act and the Environment Protection Act* and different
d a tes, rul e s and procedures m a y be so established for the revocation and, or applicability of different provisions thereof.
(2) The Minister may by regulations made under this Act, provide that for the words "Director", "Director
of Planning" and "Director Environment Protection", wherever they may occur in regulations made under the De velopmen
t Plannin g Act or Environment Protection Act, there shall be substituted the word "Aut horit y" and an y defini tion
of "Direct o r", "Di r ector of Planning" and "Director Environment Protection" in regulations made
under the same Acts shall be deleted.
(3) Any order, rule, regulation, bye-law, notice, plan or policy o r other instrument h a vin g the force of law made under the
aut hor ity or kept in force un der any of the p r ovi sion s of the Development Planning Act or the Environment Protection Act shall continue in force and shall continue to have effect as if made under this Act and may be
amended, substituted or revoked accordingly.
(4) Any licence, permission, authority, order, notice or certificate, or any prosecution or charges granted or made
under or kept in force under any of the provision s of the Developm ent Planning Act or the Environment Protection Act and still in force immediately before the date of coming into force of this Act shall as from s
u ch date c ontinue in forc e a s if it wer e a lic enc e , permission, authority, order, notice or certificate, or prosecution or
charges granted or made under a corresponding provision of this
Savings. Cap. 356.
Cap. 435.
Cap. 356. Cap. 435.
Cap. 356. Cap. 435.
Cap. 356. Cap. 435.
*but see footnote to article 8(2)(a).
Cap. 356. Cap. 435.
Act, and any such licence, permission, authority, order, notice or certificate, or prosecution or charges as aforesaid shall be treated
and dealt with accordingly:
Provided that in the case of any such licence, permission, au t h o r i t y, o r der, no ti ce or c e rti f icate issued as opera
t ive for a specifi c period, such li cence, perm issio n , aut horit y, order or certificate shall remain operative for such a
period from the date such licence, permission, authority, order, notice or certificate was issued.
(5) The Users’ Committee established under the provisions of article 36, the Heritage Advisory Committee established under the
provisions of article 37, the Environment and Planning Review Tribun al established under the prov isions of arti cle 40 and the
Environment Fund established under the provisions of article 38, shall pe rform and s u c ceed all the func tions, asse ts , rights,
liabilities and obligations of the Users’ Committee, the Heritage Advisory Committee and the Planning Appeals Board respectively
established under the provisions of the Development Planning Act and the Environment Fund established under the provisions of the Environment Protection Act.
FIRST SCHEDULE Amended by: L.N. 57 of 2011.
Article 6
Provisions with respect to the Authority and the Environment and Planning Commission
1. The provisions of this schedule regulate the procedures to be used by the Authority and the Environment and Planning Commission.
For the purposes of this Schedule, wherever the word "Authority" is used, it is to be construed as to include the Environment
and Planning Commission, unless the context otherwise requires.
2. The Authority may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the meeting.
3. The quorum of the Authority shall consist of the chairman or deputy chairman and not less than half the number
of the other members constituting the Authority at the time of the meeting.
4. The meetings of the Authority shall be called by the chairman either on his own i n i tia tiv e o r at th e r e qu est of
an y t w o m e m b er s o f the Au th or it y; and t h e Authority shall also meet at such times as it may itself decide.
5. The chairman, or the deputy chairman acting in his place, shall have an original vote, and where the votes are equally divided,
a second or casting vote. All members of the Authority present at its meetings shall cast their vote in favour or against any motion
put to the vote.
6. Without prejudice to the provisions of article 16, a member of the Authority who has a direct or indirect interest in any
matter coming before the Authority for consider ation shall , n o t later than the f i r s t meet ing held after th e relev a n t
circumstances have come to his knowledge, disclose the nature of his interest. Such disclosure shall be recorded in the minutes of
the meeting and the member:
(a) shall not take part in any discussion or decision of the Authority with respect to that matter; and
(b) shall be disregarded for the purpose of constituting a quorum for any such discussion or decision.
7. All acts done by any person in good faith as a member of the Authority shall be valid and effective as if he were a member
even if some defect in his qualification for appointment is subsequently discovered.
8. Subject to the provisions of this Act, including this Schedule, the Authority may regulate its own procedure.
9. The meetings of the Authority shall be open to the public, and the Authority shall allow the applicant and his representative,
or any one of them, and an interested third party who made representations in accordance with the provisions of article
68(4), to make submissions on any matter under consideration. The Chairman, at his absolute discretion, may al so al low any
other m e m b er of the public to m a ke
submissions, subject to the power of the Chairman to exclude any member of the public if it deems it necessary so to do for the maintenance
of order and to limit the participation of the applicant and his representative or of the interested third party
who made representations in accordance with the provisions of article 68(4) or the public as it may deem appropriate.
10. At the request of any member of the Authority, the deliberations of the
Authority shall be held in private but every vote shall be conducted in public. No
secret vote shall be allowed. Where the Authority votes against a recommendation, if any, made by the Director, the Chairman of the
Auth ori t y sh all r e gister in the relevant file the specifi c environmen tal and planning reasons adduced by the Authority.
11. The Authority shall decide and determine any matter under its consideration during the first sitting at which such a matter
is brought for determination. The Authority may request the applicant to file fresh plans and documents, in which case the Authority
shall give reasons for such a request provided that the substance of the matter under its consideration shall not change and any
person who has made written submissions on the application in terms of article 68(4) shall be informed that such fresh plans and
documents have been so filed and shall also be invited to be present at the Authority’s si tting, as the case m a y be, when such
application shall be discussed. When the Authority puts off a decision on an application either when the applicant is required to
submit fresh plans and documents, or for the furnishing of further information, in which case the Authority shall give reasons for
requiring such further information, or when the Authority needs to consult in terms of article 45 in which case the Authority shall
give reasons for requiring such consultation, the Authority shall, during the meeting establish the date for the next sitting for
the determination of the application, such date being not later than thirty days from the date of the last meeting:
Provided that the Authority may also delegate to the Chairman or any of its mem bers, t he p ower to endorse any revi sed pl ans or
docu ment s rel ating to any matter under its consideration.
SECOND SCHEDULE Article 41
1. The application shall contain the grounds for the appeal and the request of the appellant, and, in the case of an appeal from
th e refusal of a permi ssi on or licence, it should include a copy of the application form and documents and plans submitted for
approval together with all documentation which is relevant for the grounds of appeal, including a copy of the Authority’s decision
appealed from. A copy of the appeal and the ancillary documentation shall be communicated to the Authority before the appeal is heard.
The Authority shall file its reply within thirty days of service upon it or within such time as established by the Tribunal. The
reply shall be served upon the appellant.
2. The appellant shall appear before the Tribunal either in person or by agent on the day and at the time fixed for the hearing,
make his submissions and produce such evidence as the Tribunal may allow:
Provided that the Tribunal may postpone the hearing of the appeal if it is satisfied that the appellant was prevented from appearing
before it owing to illness or absence from Malta or other similar reasonable cause.
3. The Tribunal shall give the Authority an opportunity to make its submissions in justification of its decisions,
and bring such evidence as the Tribunal may consider necessary.
4. The Tribunal shall have the power to summon witnesses and to administer
the oath to any person appearing before it. Sh ould a wit ness duly notifi ed by a summons signed by the Chairman of the Tribunal
fail to enter an appearance before the Tribunal, such person shall be guilty of an offence and liable, on conviction, to a fine (multa) of not less than five hundred euro and not more than five thousand euro.
5. The Tribunal shall have power to confirm, revoke or alter the decision appealed against and give such directions
as it may deem appropriate:
Provided that the Tribunal may request the appellant to submit fresh documents and plans, in which case the Tr ibunal shall
give reasons for such a request provided that the substance of the matter as presented before the Authority shall not change.
6. The decisions of the Tribunal shall be final and no appeal shall lie therefrom except on a question of law only.
7. If the appellant or the Authority are dissatisfied with any point of law decided by the Tr ibunal, they may appeal
to the Court of Appe al (Inferior Jurisdiction) by an application filed as provided in article 41.
8. All hearings of the Tribunal shall be held in public and all decisions of the
Tribunal shall be given in public.
9. Subject to the foregoing provisions and to the provisions of this Act, the
Tribunal shall regulate its own procedure.
10. The Minister responsible for justice may by regulations made under this Schedule establish fees payable in the registry of
the courts in relation to the filing of judicial acts in connection with appeals before the Court of Appeal (Inferior Jurisdiction)
under this Act:
Provided that until such fees have been so established by the Minister, the fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply.
11. A registered third party in terms of article 68(4) of this Act shall be in f or m e d by th e Tr i b un al th
at an appeal ha s be en fi le d and he may re qu est th e Secretary of the Tribunal to register him as an inter ested third party
in such an appeal. Such a person shall have a right to address the Tr ibunal and may be requested b y the Autho r ity or Comm ission
to gi ve eviden ce in th e appeal proceedings concerning the said appeal. Unless the Tribunal decides otherwise, such a person may
be present during all sittings of the Tribunal. Such a person may not attend site inspections where the Tribunal enters upon the
property of the appellant if the appellant objects to the presence of such a person entering upon his property. Such a person shall
have a right to be given a copy of the Tribunal’s decision with regard to those ap peal proceedings for which he has been registered
with the Secretary of the Tribunal as interested third party. Such a person may not file an app e al from a d e cisio n o f th e
Tr i bun al before t h e Co urt of A ppeal (I nferior Jurisdiction).
12. When an appeal has been lodged by a person other than the applicant, such a person need not prove that he has an interest in
that appeal in terms of the doctrine of juridical interest which doctrine shall not apply to such proceedings, but he shall submit
reasoned grounds based on environmental and, or planning considerations to justify his appeal.
13. The Tribunal may deem an appeal as abandoned if the appellant shows no interest in the appeal submitted by him.
14. The Tribunal may impose a fine of €2,500 in such cases were it declares such proceedings frivolous or vexations and in such
cases the Tribunal’s decision
shall be final without any redress before the Court of Appeal (Inferior Jurisdiction).
15. The Tribunal may impose such fees on the party making the request as established for the carrying out of site inspections.
Should the Tribunal decide to hold such inspection at its own motion, it will be the appellant who will incur the fee.
THIRD SCHEDULE Article 12
1. Environment Protection Directorate - which shall have the responsibility of Environment Protection, the development and coordination of environmental pol icies, plans,
legislat ion an d gu ideli nes, t he processin g and determ in at ion of applications for activit ies falling wit h in the ju r i
sdiction of the Directo r ate, Environmental Audits and Environmental Assessments, the State of the Environment Rep o rt, t h e educat
ion a l aspects of the envi ronment wi thin th e Auth orit y, th e development of standards and the coordination of International
and European Union affairs.
2. Development Planning Directorate - which shall have the responsibility of Development Planning, the development and coordination of development planning plans and
policies, the processing of applications relating to development planning and the educational aspects of the development planning
within the Authority.
3. Corporate Services Directorate - which shall have the responsibility for providing common legal, financial, human resources and administrative services that are
required for the proper functioning of the Authority.
4. Enforcement Directorate - which shall have the responsibility for the overall enforcement of the provisions of this Act and other laws and regulations
regulating the environment and development.
FOURTH SCHEDULE Article 34
The plans and policies that the Minister shall refer to the Committee in accordance with the provisions of article 34(2)(c) are:
(a) Those plans and policies which refer to the land situate outside areas designated for development as defined in the Structure
Plan or in any other plan;
(b) Those plans and policies which exclusively regulate height limitations and restrictions thereon;
(c) Local plans, excluding minor amendments to such plans;
(d) Policies relating to and regulating the certificate of development according to permission.
(e) The state of the Environment Report.
FIFTH SCHEDULE Article 42
Consultants to carry out the following assessments have to be registered with the
Board:
1. Environmental Impact Assessments;
2. Appropriate Assessments in relation to sites falling within a Special
Area of Conservation or a Special Protected Area;
3. Strategic Environment Assessments;
4. Assessments in relation to Scheduled property and sites.
SIXTH SCHEDULE Article 70
1. An application to regularise a development which exceeds the approved footprint or, increases the approved volume of
the building and is not part of a registered livestock farm and is carried out after May 2008 in an area which falls outside areas
designated for development as defined in the Structure Plan or in any other plan; or
2. An application to regularise a development in a scheduled property; or
3. An application to regularise a development carried out after May 2008 in an area protected under the provisions of this Act
or any regulation made thereunder.
SEVENTH SCHEDULE Articles 41 and 69
1. Applications which fall under the provisions of articles 41 and 69:
(a) Development in an area which falls outside areas designated for development as defined in the Structure Plan or in any
other plan; or
(b) Development in a scheduled property grade 1 or grade 2; or
(c) Development in a property containing archeological remains; or
(d) In the case of demolition within Urban Conservation Area which includes demolition of facade; or
(e) Development in an area protected under the provisions of this Act or any regulation made thereunder.
2. Subparagraphs (b), (d) and (e) of paragraph (1) shall also apply in such cases where the protection status of the site is still being proposed.
Category A:
EIGHTH SCHEDULE Article 91
1. Development carried out prior to 1st January, 1993 within a Temporary Provisions Scheme development boundary or a
development boundary as indicated in a local plan other than:
(i) when such development consists in change of use; or
(ii) where such development is not in conformity with the alignment of roads or buildings as specified in or interpreted
from a Temporary Provisions Scheme or local plan.
Category B:
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