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Maltese Laws |
AN 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.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives in this Parliament assembled, and by authority of the same, as follows:-
Development Planning Act, 2010.
(2) This Act shall come into force on such date as the Minister may by notice in the Gazette establish, and different dates may
be so established for different provisions or different purposes of this Act.
(3) A notice under subarticle (2) may make such transitional provisions as appear to the Minister to be necessary or expedient in
connection with the provisions thereby brought into force.
Short Title and
Commencement.
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Definitions.
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 similar structure used or adapted for use for
the display of advertisements;
“agency of Government” means a body corporate established by law and a company in which the Government 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;
“application report’’ means the final permission or
licence application report;
“the Authority” means the Malta Environment and Planning Authority established under article 6 and includes any body or 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 different bodies or persons as a competent authority for different provisions and different purposes of this Act
or any Regulations issued thereunder;
‘’biological diversity’’ or ‘’biodiversity’’ means the variability among living organisms from all sources, including
inter alia, terrestrial, marine and other aquatic ecosystems and the ecological 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 alterations of or additions to buildings, and other operations
normally undertaken by a person carrying on business as a builder;
“the Chairman 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 of this Act
“conservation’’ in relation to environment protection means a series of measures required to maintain or restore the natural
habitats and the population of species of wild fauna and flora at a favourable status and for cultural heritage means any activity
required to maximize the endurance or minimize the deterioration of any cultural property as far as possible and includes examining,
testing, treating, recording and preserving any such cultural 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;
“development permission” means a permission to carry out development granted by the Authority either on an application
in that behalf or in a development order;
“discharge’’ includes emission, deposit, dumping, disposal, addition or introduction into the environment of a substance
or energy, directly or indirectly from any point source or diffuse source, whether stationary or mobile, and whether caused or permitted
intentionally or otherwise and whether continuous or intermittent or once only;
“energy’’ includes all types of radiation forming part of the electromagnetic energy spectrum, or resulting from a nuclear 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, natural or man made, existing on earth, whether together or in
isolation, and in particular:
(a) the air, water and land;
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(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’’ means all types of plants and other biota including 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;
“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 Minister’’ means the Minister responsible for the environment;
“natural resources’’ means any component of nature and includes air, water, land, soils, minerals, energy, living organisms
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;
“policy” means a policy approved in accordance with the provisions of the Act;
“pollution’’ means the direct or indirect introduction by man, or due to natural processes, into the environment of substances,
organism, genetic material or energy that cause or are likely to cause hazard to human health, harm to living resources or
to ecosystems, or damage to amenities, or interfere with other legitimate uses of the environment;
“position statement’’ means a statement 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;
“precautionary principle’’ means the principle whereby appropriate measures are taken to protect the environment and to ensure
sustainable management of natural resources in the absence of absolute or conclusive scientific proof of the need for such measures;
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“prescribed” means prescribed by regulation, rule, order or other instrument made as provided in the provisions 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 derivative thereof, and includes any goods which from an
accompanying document, the packaging, mark or label or from other circumstances appear to be parts or derivatives of animals
or plants;
“Standing Committee’’ means the Standing Committee on Environment and Development Planning established in terms of article
34;
“subsidiary plans’’ includes subject plans, 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 reaction, as well as the mixture of substances of different molecular identities;
“Temporary Provisions Schemes’’ means a planning scheme prepared and approved in accordance with the Building Permits (Temporary
Provisions) Act;
“Tribunal” means the Environment and Planning Review Tribunal established under the provisions of article 40 of the Act;
“use”, in relation to land, does not include the use of land by the carrying out of any building, engineering, mining or other
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.
(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, reuse and recovery of
matter and energy;
(g) to safeguard biological diversity; (h) to combat all forms of pollution;
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Duty of every
person to protect the environment.
Duty of Government to protect the environment.
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Application of articles
3 and 4.
Establishment of the
Malta Environment and Planning.
(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.
(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.
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(3) Two members who shall be chosen form amongst the chairpersons of the Environment and Planning Commission.
(4) 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 subarticle.
(5) 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 chairpersons of the Environment and Planning Commission appointed as
Members of the Authority shall be appointed as Deputy chairpersons.
(6) Save as provided in subarticles (2),(3) and (4), no person shall be qualified to be appointed as, or remain, a member of the
Authority if he:
(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 subarticle;
(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:
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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.
(7) 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 office for three years. In determining such period of office
the Prime Minister shall, as far as practicable, ensure a measure of rotation.
(8) Without prejudice to the provisions of subarticle (6), 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.
(9) 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 of the House may also resign from office by letter
addressed to the authority appointing them.
(10) A person who has ceased to be a member of the Authority shall if he is otherwise qualified, be eligible for re- appointment;
but no person shall in the aggregate be a member of the Authority for more than seven consecutive years.
(11) The provisions of the First Schedule to this Act shall apply to the Authority and regulate its proceedings.
(12) The Authority shall transmit a copy of the agenda, minutes and relative enclosures of its meetings to the Minister 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 the name and on behalf of the 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.
(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
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Authority to be body corporate.
Functions of the
Authority.
Cap. 356
Cap. 435
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other matters as may be necessary for the better carrying out of the provisions of this Act;
(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 subarticle;
(f) the regulation of alignment and levelling schemes and their interpretation on site.
(3) In carrying out its functions under subarticle (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 paragraph (2) (b) shall have effect unless it is approved in accordance
with the provisions of this Act and published in the official manual;
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Delegation of power
(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 of this Act, 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 environment and development as may from time to time be
delegated to it in writing by the Minister on behalf 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 responsibilities in accordance with Government’s strategic directions
relating to development and the environment as well as such policies relating to the environment as are applicable 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.
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 of this Act and the Authority shall also have the power to delegate any of its enforcement powers, including the levying of penalties 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 responsible for local councils prescribe. Notice of any such delegation shall be published in the Gazette.
Cap. 389
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(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.
Appointment of Advisory Boards and Committees.
Conduct of the affairs of the Authority.
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Establishment of Directorates.
Appointment of Chief Executive Officer.
(2) The Authority shall in writing vest in the Directorates established under subarticle (1) and subject to the overall
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 subarticle (1) shall be headed by a person having adequate experience
or 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.
(2) The Chief Executive Officer shall be responsible for the implementation of the objectives of the Authority in the exercise
of its functions and without prejudice to the generality 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.
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
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Other matters relating to officers of the Authority.
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Staff appointments.
Disclosure of interests.
(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.
(2) The Authority may, with the approval of the Minister given after consultation with the Minister 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.
(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 subarticle (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 subarticle (1), particulars of the disclosure shall be recorded
in the minutes of the relative meeting.
(4) Where a person to whom subarticle (1) applies fails to make the required disclosure, the Authority shall 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 direction as aforesaid establish, the
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Appointment and functions of officers and employees of
the Authority.
Detailing of public officers for duty with the Authority.
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Status of public officers detailed for duty with the Authority.
Cap. 93
Cap. 58
detailing of such 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 Minister in relation to any officer, the Prime 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 subarticle (2) shall thereupon apply to the period of duration of such detailing
by any such further direction in relation to such officer.
(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 subarticle (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 contributions as may from time to time be determined by the Minister responsible
for finance in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the 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 subarticle (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
concerned on the date of such offer, if such terms 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 subarticle (1) shall,
for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, and saving
the provisions of article 44 of this Act, be deemed to have ceased to be in service with the Government and to have entered into
service with the 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 Widows’ and Orphans’ 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 contributions as may from time to time be determined by the Minister responsible
for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent
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Offer of permanent employment with the Authority to public officers
detailed for duty with the Authority.
Cap. 58
Cap. 93
Cap. 93
Cap. 93
Cap. 58
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Engagement of consultants and advisers.
Authority to meet expenditure out of revenue.
employment with the Authority as aforesaid during the period
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 article 18 (2)(b) and who subsequently accepts permanent employment with the Authority the foregoing provisions shall
apply subject to the following provisions of this article.
(7) For the purposes of the Pensions Ordinance the pensionable emoluments on retirement of any public officer to whom subarticle
(6) applies shall be deemed to be the pensionable 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 paragraph (a) shall be carried out by a board composed of a chairperson appointed
by the Ministry responsible for finance and two other members, one appointed by the Ministry responsible for personnel policies in
general 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.
(2) For the purposes of subarticle (1) the Authority shall levy all fees, rates and other payments prescribed or deemed
to be prescribed by or under this Act or any other law providing for matters falling under the powers and functions vested in the
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 subarticle,
any directive given by the Minister as aforesaid may order 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 subarticle (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.
(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.
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Power to borrow or raise capital.
Advances from
Government.
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Borrowing from
Government.
Estimates of the
Authority.
such advances on such terms and conditions as he may, after consultation as aforesaid, deem appropriate. Any such advance may be made by the Minister responsible for finance out of the Consolidated Fund, and without further appropriation other than this Act, by warrant under his hand authorising the Accountant General to make such advance.
(2) Notice of any loans, liabilities or advances made or incurred under the foregoing provisions 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 subarticle (1), or for the purpose of providing the
Authority with 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 established for the purpose and which shall be known
as the “Authority Loan Fund”.
(5) Sums received by the Accountant General from the Authority by way of repayment of advances made to the Authority under subarticle
(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.
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 sufficient to meet all sums properly chargeable to its revenue 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.
(2) Notwithstanding the provisions of subarticle (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
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Expenditure to be according to approved estimates.
A 684
Publication of approved estimates.
Accounts and audit.
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.
(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.
(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 countersigned by the Chairperson or such other 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;
(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.
A 685
Deposit of revenues and payments by the Authority.
Contracts of supply or works.
A 686
Annual Report.
Exemption from tax.
Standing Committee on Environment
and Development
Planning.
(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.
A 687
(4) Not later than one month after a notice as is referred to in subarticle (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 and experience in
matters relating to environment 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 of four years. The provisions of Subarticle (6) of Article 6 shall
Environment and
Planning Commission.
A 688
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 to environment and development control, including enforcement, as the Authority may from time to time delegate to it
and require it to perform, subject to such conditions as the 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.
(5) The decisions of the Commission shall only be binding if they are supported by the votes of not less than three of 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 Director, or his representative, may attend the meeting of the Commission and may make submissions 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.
(2) The Users’ Committee shall supervise the general functioning of the Authority particularly to ensure, in the interest of the general public an expeditious and fair process 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.
Heritage 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:
(a) a chairman and three other members appointed by the 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 known as the Natural Heritage Panel, and shall consist of a
chairman and six other members appointed by the Minister after consulting the Authority.
A 689
Establishment of the
Users’ Committee
The Heritage
Advisory Committee.
A 690
(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 relating to the conservation of the cultural and natural heritage in an integrated process. Each panel shall also provide
advice on the application process in particular with regard to the conservation of property or areas that may be affected 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 matters affecting both the cultural and the natural 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 subarticle (7) shall apply also to such meetings.
(9) Subject to the foregoing provisions of this subarticle and to any rules prescribed by the Minister with the concurrence
of the Minister responsible for cultural heritage, the committee and the panels may regulate their own procedure.
The Environment
Fund and other funds.
Cap. 123. Cap. 364.
(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 which may be needed for that purpose or to remedy any harm caused to the environment
in connection with any contingency or emergency plan, or to finance such other activities, including activities organised by nongovernmental
organizations, as the Minister in consultation with the Authority may prescribe:
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 Environment Fund for any services 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 to
the powers of the Auditor General and of the Minister 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 balance
sheet together with a report of its activities during the previous financial year. The Minister 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 Transfers Act.
(8) The Minister after consulting the Authority may make regulations prescribing the procedure to be followed by the Authority and
otherwise regulating the Environment Fund.
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A 692
Mediators.
(9) The Authority may set up other funds and prescribe what shall be paid into such funds and how the said funds shall be administered and used. The provisions of subarticles (4), (5), (6), (7) and (8) shall apply mutatis mutandis to such other funds.
(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 Minister after consultation with the Authority and the Malta Mediation
Centre. A Mediator shall be appointed from among persons versed in environmental matters or in planning or in architecture and civil
engineering or in any other relevant discipline.
(4) Subject to the foregoing provisions and to any regulations made under subarticle (7), a Mediator may regulate his own 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 provisions 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, determine such composition on the basis of rotation.
(3) A member of the Tribunal shall be disqualified from hearing an appeal in such circumstances as would disqualify a judge
in a civil suit; and 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.
(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
Minister for the reasons provided for in article 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 efficient determination of the matters within the Tribunal’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.
A 693
Environment and Planning Review Tribunal.
A 694
Functions and Procedures of the Tribunal.
(7) The expenses incurred in connection with the administration of the Tribunal, including the payment 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.
(a) hear and determine all appeals made by the applicant or a person aggrieved by a notice issued under the provisions
of Part VI of this Act 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 sub-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 authorized in a development plan,
(iii) a local council in whose locality the 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 national interest, related to any obligation ensuing from a European Union Directive, affects national
security or affects interests of other governments.
(4) In the cases referred to in subarticle (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 the permit is suspended the prejudice that would be caused would be disproportionate when compared
with the actual doing of the thing so permitted or if the request is deemed as frivolous or vexatious:
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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 Tribunal, 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.
(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 submitted within twenty days from when the decision of the Tribunal
is delivered in public and such an appeal shall be regulated by the rules of court made under aticle 29 of the Code of Organisation
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 his opinion separately; and 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 subarticles (3) and (4), advance notice of
not less than fourteen days shall be given of the first sitting of the Tribunal to the parties, and those interested third parties
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 fourteen days may be abridged by order of the Tribunal if the Tribunal
is satisfied that the party requesting urgency has given a valid reason in writing therefor.
A 697
(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 maintenance of order.
(10) The Tribunal may require any department or agency of the Government to provide the Tribunal with such information or
advice as the Tribunal may deem 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 accordance with the rules contained in the Second Schedule to this Act; 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 Tribunal in such proceedings; and, saving the provisions of article 46 of the Constitution and Article 4 of the
European Convention Act, no precautionary act may be issued 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 permission or licence; and the Tribunal shall ensure that
it complies with the provisions of article 69 in reviewing decisions of the 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 shall, unless an appeal has been lodged to the Court of Appeal
(Inferior Jurisdiction) from the Tribunal’s decision, issue the permission or licence or comply with the decision of
the Tribunal within one month from the Tribunal’s decision, or, if in the Tribunal’s decision a condition has been imposed 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.
A 698
The Registration
Board.
(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 who are not involved in any way in the preparation 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 applied the provisions of this Act or any regulations issued thereunder, or the decision of the Board constitutes
an abuse of discretion or is manifestly 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 together with an appeal from the final decision of the 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 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.
(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 subarticle (1) of this article, the Board may opt for a suspension, rather than cancellation
of the certificate, in the circumstances specified in sub- paragraphs (d) and (f) of subarticle (1).
A 699
Powers of the
Registration Board.
A 700
Members of the Authority etc. To be deemed public officers for certain purposes.
Cap. 9
Consultations
Declaration of Assets, Code of conduct and publication of names.
(3) Notwithstanding the provisions of subarticle (1) of this article, 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.
(2) The members, officers and employees of the Authority in the performance of their functions under this Act or under 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 or omitted to be done in good faith in the course of the 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 officers of the Environment and Planning
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 the Authority in connection with the 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.
(2) The Authority may also, either out of its own motion, but after consultation 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 to the Authority the reasons for making such a request together
with a statement of goals and objectives to be attained by the plan or policy or a revision of such plan or policy.
(4) The preparation and review of the structure plan shall be regulated by the provisions of articles 51 to 53 whereas 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
A 701
Plans, policies and regulations.
Request by the Minister to the Authority to prepare a plan or policy.
A 702
Minister may request the preparation by any person of a plan, policy or revision thereof.
out of assessments, and may also carry out any assessments and, or consultations, including public consultations, he may deem necessary.
(5) If the Authority, upon a request by the Minister in terms of subarticle (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 provision of this Part are complied with.
(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 of reference and shall also indicate to the 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 the purposes of the said paragraphs,
the expression ‘’the Authority’’ shall be construed as a reference to the said person and such person 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 adopt it for submission to the Minister for
his approval; and the provisions of article 58(2) shall, mutatis 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 and shall refer both the said plan,
policy 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 only be prepared by or under the direction of an expert in the
environment or spatial planning having such qualifications as the Minister may prescribe.
Development:
(i) is a strategic document regulating the sustainable management of land and sea resources;
(ii) 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;
(iii) 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;
(iv) must ensure that:
(a) 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;
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Strategic Environment Assessment and other assessments.
The Strategic Plan for the Environment and Development and its preparation and review.
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(b) sectoral policies, activities and inputs are integrated and coordinated with each other, combining the inputs of all disciplines
and groups;
(c) all actions are based on a clear understanding of the natural and legitimate objectives and needs of individual land users;
(d) 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. Every such review shall be made in accordance with
the goals and objectives of a revision of the Strategic Plan for the Environment and Development as may be approved by Cabinet and
take effect as provided in the following provisions of this Part of this Act. In order to achieve the objectives set out in this
article, Cabinet shall take the necessary measures intended to coordinate and improve the spatial impacts of other sectoral policies
and their relation to, or inclusion in, the Strategic Plan for the Environment and Development.
(3) Notwithstanding the provisions of subarticle (2), the Strategic Plan for the Environment and Development can be 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 of this Act. 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 achieved by a partial review of the Strategic Plan for the 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, the proposal and position statement, it shall conform with the procedure
laid down in subarticles (5) to (7), if the matters 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 subarticle (3) and of article 52 shall apply. If the Authority disagrees with the Minister’s proposal or with
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 Environment and Development the Authority shall 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;
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Publication of the strategic plan of the Environment and Development or its reviews.
(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 subarticle (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 shall provide adequate opportunities for individuals 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 amendment
to a subsidiary plan need not comply with the provisions of subarticles (5) and (6) if the matters 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 Authority, shall, as soon as practicable, after the expiry of the period specified in subarticle (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 not agree with the Strategic 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 reactions
to the Strategic Plan for the Environment and Development, or review thereof.
(5) Where the Strategic Plan for the Environment and Development, or any review thereof, has been referred back to the Authority,
the same procedure as 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 cause the Strategic Plan for the Environment and
Development, or a review thereof as originally 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 resolution that the Strategic 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 such date as may be specified for that purpose by the Minister by order in the Gazette; and for the purposes
of this Act, other than those provisions relative to the preparation, consideration and submission of the Strategic Plan for
the Environment and Development, or its review, the expression Strategic Plan for the Environment and Development and any reference
to a review thereof means the Strategic Plan for the Environment and Development, and any review thereof, as approved by the House
of Representatives.
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Final consideration and approval of plan or review.
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Subject Plan.
Local Plan.
Action plan or management plan.
(2) A subject plan shall consist of a written statement supported by such documents, maps and diagrams as may 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.
(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.
local plan.
(2) An action plan may form part, or be the whole of, a
(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.
Other policies or plans.
plans and guidance other than those already contained in a plan or policy, the Authority may prepare and adopt such policies or plans
as it considers appropriate subject to the provisions of this article.
(2) Such policies or plans shall be in a form which the Authority considers appropriate to the subject matter, and may be supported
by such documents, assessments, maps, diagrams, 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 it to the Minister for his approval and the procedure mentioned in article 58(2) shall mutatis mutandis apply.
(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 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;
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Procedure for subsidiary plan and policies.
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(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 sub- paragraph (iii)
of paragraph (d) hereof 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 paragraph (d)
and (f);
(h) where the Minister does not agree with the subsidiary plan as adopted by the Authority in accordance with paragraph
(f) hereof, 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
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Review of Subsidiary
Plan or policy.
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.
Provided that subject to the provisions of subarticle (3) hereof, 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
submitted to it by any person. Modifications 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 subarticle (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 subarticle (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.
(7) No appeal from a decision concerning a minor
modifications application shall lie to the Tribunal.
(2) Without prejudice to the generality of the provisions of subarticle (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
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Power to make regulations etc. to include power to revoke etc.
Cap. 249
Power to make
Regulations.
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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;
(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;
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(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
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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 3 and 4 of subparagraph (i) hereof;
(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 paragraphs (i) to (v), which punishments
shall not exceed a maximum fine (multa) of twleve 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 to this Act;
(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;
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Procedure for making of Regulations.
(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 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.
(2) The provisions of subarticle (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 public consultation was carried out before the date of coming into force of this Act.
(3) Any person may, in the circumstances referred to in subarticle (1) in respect of draft regulations, not later than six
weeks after the promulgation of any regulations made in accordance with subarticle (2) make submissions to the Minister 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 subarticles (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 subarticle (1) or the regulations made under subarticle (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 subarticle (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 changes as he may deem expedient, without prejudice 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 made by
the Minister responsible for Justice who shall 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.
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Orders.
(2) An order shall be published in the Gazette and shall have effect from the date specified or indicated therein. The development
or any aspect thereof regulated by such an order shall be called “exempt works” or “exempt activity” 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 minor or temporary nature, or works and activities deemed compatible
with the area in which they are being carried out, and may include internal works, minor additions to existing buildings, minor variations
during construction, repairs to dangerous structures, and reconstruction of damaged buildings which repairs and reconstruction
are to be carried out in the 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, 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 supervision of a person holding a warrant of perit or under the supervision
of such other persons who are competent for the purpose as the Minister may by regulations prescribe and where required in the order,
exempt works and activities, are to be 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).
(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;
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Access to Information.
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Environment and
Development Brief.
(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 subarticle (1) hereof, 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.
(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 provisions of this article
and, without prejudice to the generality of the foregoing, he may:
(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.
(a) in relation to biodiversity:
(i) for whatever purpose, trade in, sell, buy, exchange, transfer or dispose, transport, import, export
Licences.
A 725
A 726
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:
a) activities which are expected to cause permanent alterations to the protected area,
light,
b) afforestation or planting,
c) activities expected to generate noise and
A 727
d) activities involving fires/fireworks,
e) activities considered to have an effect on biological diversity,
f) 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 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;
A 728
Development to require permission.
(e) in relation to any other activity as may be prescribed by regulations.
(2) For the purposes of this article, and, unless the context otherwise requires, for all other purposes in this Act, “development”
means the carrying out of building, engineering, quarrying, mining or other operations for the construction, demolition or alterations
in, on, over, or under any land or the sea, the placing of advertisements, or the making 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 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.
(2) Any person may also apply to the Authority for a determination as to whether a proposal requires a licence or development permission.
(3) An applicant for development permission shall certify to the Authority that:
(i) 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
(ii) he is authorised to carry out such proposed development under any other law or through an agreement with the owner:
A 729
Application for licences and permission.
A 730
Licence and Permits.
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 registered letter of which a copy has been received by the Authority, but need not certify that the
owner has granted 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 subarticle (4).
(6) The Authority shall inform the registered interested parties where fresh plans have been filed and the registered interested
party shall be notified of the Authority’s sitting when such 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 closed for the public, the time limit for such submissions shall be deemed to expire on the next following working
day.
Authority shall:
(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 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:
(i) 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;
(ii) 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 conditions, the Authority shall give specific reasons based on
existing plans, policies and regulations or other material considerations for such refusal or for any particular conditions that
may have been imposed:
A 731
A 732
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 of the Act, and shall remain so suspended until the Tribunal appoints its first hearing on an
appeal from such a permit, if any, under the provisions of article 41(3), and this without prejudice 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 issue, provided that the Authority may,
on the application of the person holding the licence or development 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 shall automatically 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 permission which are the said stages 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 development
permission, the Authority shall authorize the 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 licence or development permission by appointing a person 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 treatment of the said
areas when working is completed.
(10) The Authority shall not grant permission for the mining of minerals unless it is satisfied that planning 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 provided in subarticle (1), the scheme, as accepted 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.
Provided that any application or permission under this subarticle 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.
A 733
Supplementary Provisions regarding permissions and licences.
A 734
(2) A permission under this article may be granted so as to take effect from the date on which the buildings or works 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 guarantee payment 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 the permission 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 subarticle shall be interpreted as authorizing the Authority to demand a bond in an amount not commensurate
with the nature of the development project or 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 licence and the reasons for forfeiting the bond shall be communicated in writing to the applicant.
(2) The Minister may, after consultation with the Authority, make regulations to give better effect to the provisions of this article
and, without prejudice to the generality of the foregoing, he may:
(i) establish the procedures to be used by the Authority and the applicant in the processing and determination of applications;
(ii) establish the procedures to be used by an applicant prior to the submission of an application;
(iii) 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.
A 735
Decisions to be taken without delay.
Applications the decisions of which cannot be delegated.
Reconsideration.
A 736
Appeal.
Call in Procedure.
(2) A request for a reconsideration shall be made within thirty days from notification of the decision of the Authority or of the
Commission, as the case may be, and may not be made concurrently with an appeal. The request for a reconsideration shall include
a written document containing the reasons for such a request.
(3) The Authority shall inform the registered interested parties where a request for a reconsideration has been filed and the registered
interested party shall be notified of the Authority’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).
(2) Where a request for reconsideration has been made, an appeal may be made to the Tribunal within thirty days of notification of the decision taken in the reconsideration.
(2) The Minister may refer to the Cabinet of Ministers applications called in by him in terms of subarticle (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 application called in by him, he shall request the Tribunal
to draw up its recommendation on that application after having heard the parties and the Tribunal shall 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 Authority shall comply therewith, publish
the 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
A 737
Obligations.
A 738
(ii) on any other land or area or
(iii) on the land or area mentioned in both sub- paragraphs (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 subarticle (4).
(4) The applicant and any person interested in land may appeal to the Tribunal from a planning obligation entered into in terms
of subarticle (1).
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 subarticle (1):
“fraud’’ means the submission to the Authority of any information, declaration or plan on the basis of which the Authority has
approved a licence or development permission, where such information, declaration or plan is false, misleading or incorrect, irrespective
of whether such deceit is the result of a wilful or negligent act:
Provided that the Authority shall not revoke or modify a licence or development permission on the basis of fraud where the fraudulent
information did not have a material bearing on the 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.
A 739
Revocation and
Modification.
A 740
(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 subarticle (1) where the reason for
the revocation or a modification of a licence or development permission is based on fraud or error of law on the face of the 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.
(2) Where a discontinuance or removal order is made in respect of an activity, works or use, or of a building, plant, equipment
or other thing lawfully carried on or in existence on the land mentioned in the notice the Authority shall be liable to 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.
(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
A 741
Discontinuance and removal orders.
Charges and
Contributions.
A 742
Payment of Fee and
Contribution.
land, to be known as the Infrastructure Service Contribution, from the person applying for such permission or carrying
out such development, in accordance with such rates as the Authority may, with the concurrence of the Minister and of the Minister
responsible for finance, from time to time determine, taking account of the services involved, the areas of development and
other material considerations.
(3) The sums collected by the Authority under subarticle (2) shall be paid to the Government each year after a deduction
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 Authority for Transport 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, notwithstanding
anything contained in this Act, be paid by the 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 subarticles (1) and (2) aforesaid shall be collectively known as the “building levy”.
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
the owner may contest the said decision in writing with the Authority within thirty days from the date when the order is notified
to him or is published in the Gazette, whichever is the later.
(2) The list of conservation orders, and any additions or amendments thereto, shall be published 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 such 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 certificate 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 subarticle (2) indicating the said property as having been scheduled, and the provisions of the said subarticle concerning
the indexing of conservation orders shall mutatis mutandis apply.
A 743
Scheduling and
Conservation Orders.
A 744
The list of scheduled property, and any additions or amendments thereto, shall be published in the Gazette and in a local newspaper.
The Authority shall also notify any one of the owners of the 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 subarticles (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 any scheduled property and no scheduled property shall be demolished,
altered or extended except with the permission of the Authority granted on an application made to it and giving such details
as the Authority may require or in accordance with the provisions of a conservation order; and for the purpose of this article,
damage to or destruction of any part of a scheduled 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 other
provisions as the Authority may deem necessary or expedient; and a conservation order may regulate any matter affecting scheduled
property.
(8) In respect of any scheduled property, the Authority shall also have power to require the owner, by notice in writing, to undertake
such works generally, or as may be specified in the 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
or other effect under this Act, every person convicted of such offence shall be liable to pay compensation to the Authority 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 Authority under this article may appeal to the Tribunal 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 afforded to a scheduled property, and no such 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 Tribunal would have informed the appellant
accordingly of the Minister’s decision.
(14) Notwithstanding the provisions of article 41, an appeal to the Tribunal from a scheduling of property or the issue of a conservation
order shall not stay the execution of such scheduling or conservation order.
A 745
Emergency
Conservation Order.
A 746
Right of entry.
importance or value sufficient to have it scheduled or protected, is at risk of being demolished, damaged or destroyed, the Authority
may make an emergency conservation order and take such further steps for the protection of such property, site or area as it may
deem necessary and the provisions of the proviso to subarticle (1) of article 81 shall apply:
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 scheduled property. It shall cease to have any effect on the 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.
(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 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) hereof; or
(e) do anything that is ancillary or consequential thereto.
(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 into 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 regularise any such an activity or development to the extent the Authority deems adequate in the circumstances.
(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 of this Act.
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Monitoring of activities and development.
Officers.
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Enforcement procedure.
(2) The provisions of subarticle (1) shall be without prejudice to the powers of the Police, Local Wardens, the Comptroller of 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.
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 that any conditions subject to which such permission was 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, requiring works or the development to be stopped 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 subarticles (1) and (2) may also be served on any representative, builder,
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 subarticle (2) also inform:
(a) the local council in whose locality the land mentioned in subarticle (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 subarticle shall in no case invalidate any notice issued under subarticles
(1) and (2).
(5) The Authority shall register all stop orders and notices and all other enforcement 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 subarticle (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 restoring
the land to its condition before the development 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:
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(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
to the Act 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 to the Act, or if the notice is issued under the provisions of article 88(2), take effect immediately
upon service of the notice in terms of subarticles (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 subarticle (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 requirement stopping or prohibiting any further work or development, or requiring the cessation of
a use, shall be 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 to the Act, 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 to the Act 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 to the Act.
(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 served on him may, within fifteen 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 Tribunal is satisfied that no such licence or development permission or permits exist or that there is no authorization,
howsoever called, in terms of which the activity or the development could have been carried out, the Board shall forthwith
dismiss the appeal.
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Enforcement in relation to Scheduled Property.
(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 appeal if it is satisfied that the said application is intended to 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 prohibiting any further activity or work or development, 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 enforcement notice provided that the appellant shall be given 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.
be specified in the notice. The provisions of the proviso to article
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.
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Injury to Amenity and removal of danger.
Other Notices.
Supplementary provisions as to enforcement and proceedings for debts due to the Authority.
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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 or regulations issued 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 Authority may 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 issued thereunder shall, be recoverable as a civil
debt by the 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 such right of recovery such person may have against
any other person. The Authority shall not be liable for any damages 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 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 subarticle (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 subarticle (7) shall be served upon the Authority, which shall be entitled to file
a reply within a period of twenty days. The court shall appoint 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.
(2) An enforcement notice falling within the provisions of subarticle (1), the development in question shall not be considered
as having been regularised in terms of this Act unless 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 amendments, alterations, 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,
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Procedure to apply to certain types of development.
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Certificate of Development According to permit. Cap. 356.
if such sanction is possible in terms of law. Where the illegal development has not been sanctioned no further development 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 subarticle (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 date that the 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 provisions of this article.
(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 regulations under this article provide that such a
notice 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 subarticle (1) (a) of that article.
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 subarticle, 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 same 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
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Special Procedure.
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Offences.
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 subarticle (1) does not accept or, having accepted such responsibility,
fails to remedy the offence within the time aforesaid, ordinary criminal proceedings may be taken against him in accordance with
the provisions of law applicable to the offence.
(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, to 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 maximum
fine above established, the minimum fine (multa) 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 subarticle (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 within the time so fixed, he shall be liable to
a fine (multa) of not less than fifty Euro and not more than one hundred and thirty Euro, as the 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.
(3) Proceedings against any person for any offence as is mentioned in subarticle (1) shall be taken before the Court of
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Certified copies of
documents.
Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, as courts of criminal judicature in accordance 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 an order in terms of subarticle (2) as if such
an application or such an appeal had never been filed:
Provided that where such an activity or development has been regularised no fine under subarticle (2) shall be due in respect of the
time after the development has been regularised.
(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 out of this Act or of any regulations, rules or orders made thereunder.
Service of notices, etc. under this Act.
under this Act, it may be served or given in any of the following manners:
(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 subarticle
(1) and addressed to the person having an interest in the land by the description of “owner” or “occupier”, or “owners”
or “occupiers”, as the case may require.
(2) The Minister may by Regulations issued under this Act, provide that for the words “Director”, “Director of Planning” and “Director Environment Protection”, wherever they
Savings.
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may occur in regulations made under the Development Planning Act or Environment Protection Act, there shall be substituted the word
“Authority” and any definition of “Director”, “Director 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 or other instrument having the force of law made under the authority
or kept in force under any of the provisions 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 provisions of the Development 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 such date continue in force as if it were a licence, permission,
authority, order, notice or certificate, or prosecution or charges granted or made under a corresponding provision of this 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, authority, order, notice or certificate issued as operative
for a specific period, such licence, permission, authority, order or certificate shall remian 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 Tribunal established under the provisions of article 40 and the Environment Fund
established under the provisions of article 38, shall perform and succeed all the functions, assets, 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.
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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 constured 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 initiative or at the request of any two members
of the Authority; and the 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 consideration shall, not later than the first meeting held after the relevant 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.
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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 also allow any other member of
the public to make 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 Authority shall register in the relevant file the specific environmental 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 sitting, as the case
may 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 two weeks from the date of the meeting:
Provided that the Authority may also delegate to the Chairman or any of its members, the power to endorse any revised plans or documents
relating to any matter under its consideration.
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1. The application shall contain the grounds for the appeal and the request of the appellant, and, in the case of an appeal from
the refusal of a permission 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. Should a
witness duly notified 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 Tribunal 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.
A 766
7. If the appellant or the Authority are dissatisfied with any point of law decided by the Tribunal, they may appeal
to the Court of Appeal (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 informed by the Tribunal that an appeal has been filed
and he may request the Secretary of the Tribunal to register him as an interested third party in such an appeal.
Such a person shall have a right to address the Tribunal and may be requested by the Authority or Commission to
give evidence in the 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 appeal proceedings for which he has been registered
with the Secretary of the Tribunal as interested third party. Such a person may not file an appeal from a decision of the Tribunal
before the Court of Appeal (Inferior 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 abondoned if the appellant shows no interest in the appeal submitted by him.
A 767
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.
A 768
1. Environment Protection Directorate – which shall have the responsibility of Environment Protection, the development and coordination
of environmental policies, plans, legislation and guidelines, the processing and determination of applications for activities
falling within the jurisdiction of the Directorate, Environmental Audits and Environmental Assessments, the State of the Environment
Report, the educational aspects of the environment within the Authority, the 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.
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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.
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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;
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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 issued thereunder.
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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 issued 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.
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Category A:
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:
Passed by the House of Representatives at Sitting No. 249 of 30th June, 2010.
MichAel Frendo
Speaker
PAuline AbelA
Clerk to the House of Representatives
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