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L.S. 551.01 Regolamenti dwar Drittijiet li jitħallsu għal Appelli tal-Ambjent u l-Ippjanar

ENVIRONMENT AND PLANNING APPEALS (FEES) [ S.L.551.01 SUBSIDIARY LEGISLATION 551.01 ENVIRONMENT AND PLANNING APPEALS (FEES) REGULATIONS 4th April, 2016* LEGAL NOTICE 112 of 2016, as amended by 227 of 2019 1. The title of these regulations is the Environment and Planning Appeals (Fees) Regulations. 2.

(1)In these regulations, unless the context otherwise requires: "the Act" means the Environment and Planning Review Tribunal Act; "appeal" means an appeal made to the Environment and Planning Review Tribunal established by the Act; "development permission" has the same meaning as assigned to it in the Development Planning Act; "the Environment and Resources Authority” has the same meaning as assigned to it in the Environment Protection Act; "environmental NGOs" means non-governmental organizations promoting environmental protection and which are registered under the Voluntary Organisations Act; "external consultee" has the same meaning as assigned to it in regulation 2 of the Development Planning (Procedure for Applications and their Determination) Regulations, or any other r e g u l a t i o n s wh i c h m a y f r o m t i m e t o t i m e su c c e e d t h e s a i d regulations; "the Planning Authority" has the same meaning assigned to the term "Authority" in article 2 of the Development Planning Act; Citation. Interpretation. Cap. 551. Cap. 552. Cap. 549. Cap. 492. S.L. 504.103 Cap. 552. "Tribunal " means the E nvironment and Planning Review Tribunal.
(2)In these regulations any expression defined by the Act shall have the same meaning as it has in the Act.
  1. Where an appeal is made in respect of a decision of the Planning Authority, from which an appeal lies under any provision of the Development Planing Act, the application of the appeal shall be accompanied by the appropriate fee as set out in Schedule 1 and by an administrative fee as set in Schedule
  2. Where an appeal is made in respect of a decision of the Environment and Resources Authority, from which an appeal lies under any provision of the Environment Protection Act, the application of the appeal shall be accompanied by the appropriate fee as set out in Schedule 1 and by an administrative fee as set in * see regulation 1
(2)of these Regulations, as originally promulgated. Appeal from decision of the Planning Authority. Cap. 552 Appeal from decision of the Environment and Resources Authority. Cap.
  1. 1 2 [ S.L.551.01 Appeal to be null and void. Refunds. Appeals by interested persons, or environmental NGOs, or external consultees. Cap.
  2. Substituted by: L.N. 227 of
  3. ENVIRONMENT AND PLANNING APPEALS (FEES) Schedule
  4. An appeal which is not accompanied by the appropriate fee as provided in regulations 3 and 4 shall be null and void only in those cases where the appellant fails to pay such fee within such time following the lodging of an appeal as the Tribunal may establish.
  5. Where an appeal is upheld, the Tribunal may order that the fee paid according to Schedule 1, or part thereof, shall be refunded to the appellant.
  6. When any interested person, or an environmental NGO, or an external consultee has lodged an appeal before the Tribunal, and the Tribunal finds in favour of any such appellant, the appeal fee paid by the said appellant shall be reimbursed to the said appellant in equal proportions by the parties cast and, for the purposes of this regulation, the Tribunal decision shall be an executive title in like manner as if it were an award of arbitrators referred to in article 253(d) of the Code or Organization and Civil Procedure for all purposes of that Code. Schedule 1 (Regulations 3, 4 and 5) Fees due to the Registry of the Tribunal In respect of appeal: Against a decision of the Planning Authority for a development permission Rates (€) 5% of the Development Permit Fee Notes Minimum fee of €150 Maximum fee of €3500 Maximum fee of €1000 in case of appeals submitted by eNGOs which are registered and certified in accordance with the Voluntary Organisations Act (Cap. 492) Against a decision of the Planning Authority under a development notification order or under a regularisation process or under a planning control application 150 [ S.L.551.01 ENVIRONMENT AND PLANNING APPEALS (FEES) Against a decision following a request for screening of a proposed development permission Against a notice issued under the provisions for Part IX of the Development Planning Act (Cap. 552) Against any permit condition imposed by the Planning Authority Against any other decision of the Planning Authority Against any decision of the Environment and Resources Authority Against a notice issued under the provisions for Part VII of the Environment Protection Act (Cap. 549) Against decision for registration by the Registration Board 150 50 150 150 150 50 150 Schedule 2 (Regulations 3, 4 and 5) Tariffs relating to proceedings before the Tribunal Site inspections to be carried out by the Tribunal Administrative fee €100 €50 3

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