L.S. 552.24 Regolamenti dwar Multi għal Kull Ġurnata u Multi Amministrattivi

(1)requires: Interpretation. Amended by: L.N. 294 of

1. In these regulations, unless the context otherwise "the Act" means the Development Planning Act; "the Authority" means the Planning Authority established under the Development Planning Act; Cap.
2. Cap.
3. "built footprint" means the total area of the whole unit, including: all rooms; all internal spaces; all external spaces that are totally enclosed or surrounded by the building, including any such yards and shafts; and the wall thicknesses (including owned party wall); "ODZ" means Outside Development Zone and means development outside the boundary designated for development in a local plan; "protected area" means an area which is protected under the provisions of the Act or regulations made thereunder; "SAC" means a special area of conservation or a protected area, and may either be of national importance or of international importance; "scheduled" has the meaning assigned to it by article 81 of the Act; "UCA" means an urban conservation area, or an historic area (village core) as designated in a local plan or other area designated or scheduled in accordance with the Structure Plan and article 81 of the Act.

(2)In these regulations any expression defined by the Act has the same meaning as it has in the Act or regulations made under the Act. 3.

(1)Where the Authority gives notice in writing to a person in accordance with article 86 or article 88 of the Environment and Development Planning Act in relation to an infringement carried out after the date of coming into force of these regulations, it shall also notify such a person that he shall be liable to a fine for every day after sixteen days from the date of notification of the notice as established and set out in accordance with the provisions of the *see sub-regulation

(2)of regulation 1 of these regulations, as originally promulgated. Penalties. Amended by: L.N. 294 of 2016. Cap. 504 2 [ S.L.552.24 DAILY PENALTY AND ADMINISTRATIVE FINES Schedule to these regulations.

(2)This penalty shall be levied without prejudice to any other fine or amount payable to the Authority under the provisions of the Act, and shall be subject to a maximum penalty of fifty thousand euro (€50,000): Provided that if a penalty falls due following the approval by the Authority of a permit covering the development in respect of which a notice has been issued, only the accumulated daily penalty or the sanctioning penalty, whichever is the higher, shall be imposed: Provided further that if existing illegal development remains uncovered by a sanctioning development permit, the daily penalty shall continue to accrue on the unsanctioned illegal development subject to the maximum penalty of fifty thousand euro (€50,000).

(3)(a) Where the Planning Authority gives notice in writing to a person in accordance with articles 97 or 99 of the Act in relation to an infringement regarding development at sea, it may also notify such person that he shall be liable to an administrative fine in terms of article 103

(6)of the Act, up to but not exceeding two thousand euro (€2000) per day, as determined by the Authority in terms of article 97

(7)of the Act. (b) This administrative fine may be levied without prejudice to any penalties which may be imposed under the provisions of sub-regulations

(1)and

(2)of this regulation and to any sanctioning penalty which may be due following the approval by the Authority of a permit covering the development at sea in respect of which a notice has been issued, and shall be subject to a maximum fine of two hundred thousand euro (€200,000) in the aggregate. Appeal. Cap. 504. Cap. 504. 4.

(1)Where the notice has been appealed against in accordance with the provisions of article 86

(12)of the Environment and Development Planning Act, and the notice has been confirmed by the Environment and Planning Review Tribunal or the Court of Appeal, as the case may be, the penalty is due from such person with effect from after sixteen days following the date of the notification of the notice in accordance with the provisions of the Act.

(2)Where the person served with the notice submits an application in accordance with the provisions of article 86

(9)of the Environment and Development Planning Act, the penalty is due from such person, upon the determination of such application, with effect from after sixteen days following the date of the notification o f t h e n o t i c e i n ac c o r d a n c e w i th t h e p r o v i s io n s of t h e Ac t irrespective of whether such application has been approved, refused or dismissed. DAILY PENALTY AND ADMINISTRATIVE FINES [ S.L.552.24 5. The Environment and Planning Review Tribunal shall examine petitions received by it and shall only accede to a petition in part or in whole when there are impelling reasons for it to do so, such as: 3 Petitions to the Environment and Planning Review Tribunal. (a) humanitarian reasons attenuating the circumstances relating to the commission of the scheduled offence; and (b) when the issue of the charge or of the notice under article 86

(14)of the Environment and Development Planning Act or the nature thereof is manifestly unjust and, or oppressive, and, or manifestly disproportionate considering the nature and facts of the case. 6.

(1)The Authority shall examine formal written requests from persons served with a notice under article 86 or article 88 of the Environment and Development Planning Act who have become liable to a penalty established by the notice, to pay a compromise penalty instead. Any such request shall specify the impelling reason or reasons why the penalty established in the notice should not be paid, as well as the manner in which the fine is to be varied. Cap. 504. Requests to the Authority to pay compromise penalties. Added by: L.N. 124 of 2015. Cap. 504.

(2)The Authority may accede to the request in part or in whole when there are impelling reasons for it to do so and may establish different periods for the applicability of the daily penalty from that specified in the notice.

(3)When an agreement on a compromise penalty has been reached between the Authority and the person making the request to pay the compromise penalty, the Tribunal shall not consider petitions submitted under regulation 5 in relation to the same penalty.

(4)The Authority may, with the approval of the Minister, delegate the examination of the formal written requests described under sub-regulation

(1)to a sub-committee composed of three of its members, one of whom shall be either the Chairman of the Authority or one of the chairpersons of the Environment and Planning Commission, who shall chair the sub-committee. The provisions of Schedule 1 of the Environment and Development Planning Act shall mutatis mutandis apply to this sub-committee and its decisions shall be construed as decisions of the Authority for the purposes of the Act and any subsidiary legislation made thereunder. The sub-committee shall report to the Authority at least every three months. Cap.

1. [ S.L.552.24 4 DAILY PENALTY AND ADMINISTRATIVE FINES DAILY FINES SCHEDULE CATEGORY A B All illegal development not covered in Categories B and C Development within the d ev elop ment zon e th at consists of: I_) a built footprint that exceeds 50m 2 , except for greenhouses, agricultural tunnels/clochés, and development related to registered livestock farms; or II_) the creation of a separate unit of a residential, office, commercial/retail, Class 6, industrial, warehousing, open scrap/ vehicular/machinery/ boat/yacht storage, entertainment/leisure, gaming, stable, boathouse, beachroom nature; or changes of use; or III_) a billboard or advert that has a display area of >4m2 0 - 16 days NOTIFICATION DATE + 17 - 50 51 - 180 181 - 365 days days days 366 days + nil €2 daily €2 daily €2 daily €4 daily nil €4 daily €10 daily €20 daily €25 daily DAILY PENALTY AND ADMINISTRATIVE FINES CATEGORY C Development that consists of: I_) all development covered in Category B that is located O.D.Z., as well as development covered in B(III_) that is located in an U.C.A.; or II_) excavations in a scheduled Area of Archaeological Importance that exceed a footprint area of 15m2; or III_) the demolition of scheduled buildings or parts thereof, or the damaging of historic fabric within scheduled property; or I V _ ) t h e d e p o si t i o n o f material or concreting/ asphalting/paving or excavations/quarrying, over parts of scheduled land or S.A.C.s, which parts are themselves of na tural heritage va lue, that exceed a footprint area of 75m
2. [ S.L.552.24 0 - 16 days NOTIFICATION DATE + 17 - 50 51 - 180 181 - 365 days days days nil €10 daily €20 daily 5 366 days + €40 daily €50 daily In case of multiple illegalities on the same site at time of issue of an Enforcement Notice, the highest rate for the illegal development carried out after the coming into effect of these provisions, will be imposed. Illegalities in breach of existing Enforcement Notices, will be considered individually and additionally.