Chapter 552 | Europaius

Fil-qosor

Din il-liġi tistabbilixxi sistema ta' ppjanar u ġestjoni tal-iżvilupp sostenibbli, u toħloq awtorità biex timplimenta dan. L-għan ewlieni tagħha huwa li tiżgura ppjanar tal-użu tal-art li jippromwovi l-kwalità tal-ħajja għall-ġenerazzjonijiet preżenti u futuri.

X'tirregola

L-iżvilupp u l-ġestjoni sostenibbli tal-art u l-baħar.
L-istabbiliment u l-ambitu ta' awtorità b'setgħat relatati mal-ippjanar tal-iżvilupp.
Il-ħolqien ta' pjanijiet u politiki, inklużi strateġiji spazjali u pjanijiet sussidjarji.
Ir-rekwiżiti għall-permessi tal-iżvilupp u l-proċeduri għall-modifika jew ir-revoka tagħhom.

Min jaffettwa

Il-Gvern, li għandu d-dmir li jippromwovi sistema komprensiva u sostenibbli tal-ippjanar tal-użu tal-art.
Kull min hu involut fi proġetti ta' żvilupp jew li jista' jiġi affettwat minn deċiżjonijiet ta' ppjanar.

Punti ewlenin

Il-liġi tistabbilixxi d-dmir tal-Gvern li jippromwovi sistema komprensiva u sostenibbli tal-ippjanar tal-użu tal-art.
L-għan huwa li tittejjeb il-kwalità tal-ħajja għall-ġenerazzjonijiet preżenti u futuri mingħajr ma tiġi kompromessa l-abbiltà tal-ġenerazzjonijiet futuri li jissodisfaw il-ħtiġijiet tagħhom.
Dan jinkludi l-preservazzjoni, l-użu u l-iżvilupp tal-art u l-baħar b'kunsiderazzjoni tal-ħtiġijiet ambjentali, soċjali u ekonomiċi.
Il-liġi titlob li l-politiki nazzjonali tal-ippjanar ikunu ċari, aċċessibbli u jinftiehmu mill-pubbliku ġenerali.

Legal text

DEVELOPMENT PLANNING ARRANGEMENT OF ACT Part I Part II Part III Part IV Part V Part VI Part VII Part VIII Part IX Part X Preliminary Duty to Promote a Comprehensive Sustainable, Land Use Planning System Establishment and Scope of the Authority Common Provisions Provisions related to the Executive Council Establishment and Scope of the Executive Council Plans and Policies Spatial Strategy for Environment and Development Subsidiary Plans and Policies Orders The Development Planning Fund Policy Advisory Committees The Standing Committee on the Environment, Climate Change and Development Planning The Users’ Committee The Building Regulation Committee Provisions related to the Planning Board The Planning Board Requirement of Permission Revocation or Modification of Permission Charges and Contributions Power to make Regulations General Planning and Development Regulations Registration of Contractors Building Regulations Miscellaneous Provisions in relation to Building Regulations Building Control Regulations Amendment of the Code of Police Laws Monitoring and Enforcement Offences SCHEDULES FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE Articles 1-2 3-4 5-7 8 - 35 36 - 39 40 - 43 44 - 46 47 - 54 55 - 58 63 - 69 70 - 79 81 - 82 83 - 84 87 - 88 89-91 94 - 102 103 - 105 Provisions with respect to the Executive Council Provisions with respect to the Planning Board and the Planning Commissions The Standing Committee on the Environment, Climate Change and Development Planning List of supplementary members of the Executive Council DEVELOPMENT PLANNING CHAPTER 552 DEVELOPMENT PLANNING ACT To make provision for sustainable 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. 4th April, 2016* ACT VII of 2016, as amended by Legal Notice 109 of 2020 and Acts XXXVI of 2020 , XXI of 2022 and XVI of

PART I Preliminary Short title. Interpretation. Amended by: XVI.2023.
Act.
The short title of this Act is the Development Planning In this Act unless the contents otherwise requires: "action plan" has the meaning assigned to it by article 49; "advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, including any boarding or 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; "agriculture" means a human activity consisting in the growing of crops and rearing of animals for purpose of production of food or other products and includes horticulture, fruit-growing, seed production, forage growing, milk production, rearing and keeping of livestock (including any creature kept for the production of food, wool, leather, fur or for use in the cultivation of land or as breeding stock) as well the use of land for grazing or as a meadow and "agricultural" shall be construed accordingly; "alteration" or "alterations" in relation to development includes (a) plastering or painting or the removal of plaster or stucco, or (b) the replacement of a door, window or roof, that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures; "appeal" means an appeal to the Environment and Planning Review Tribunal or to the Court of Appeal, as the case may be; "application" means any form of application made to the * see article 1

(2)of the Act, as originally enacted, and Legal Notice 106 of 2016. DEVELOPMENT PLANNING authority in terms of this Act; "Authority" means the Planning Authority established under article 5 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 made thereunder; "building" includes any structure or erection and any part of a building, but does not include plant or machinery comprised in a building; "building levy" means the Development Permission Fee under article 81

(1)together with the Infrastructure Service Contribution under article 81

(2); "building operations" includes rebuilding operations, structural alterations to or additions to buildings, and other operations normally undertaken in the course of construction works; "commencement notice" means a notice submitted by the perit on behalf of the applicant to the Authority at least five

(5)days prior to the date of commencement of works or of the utilization of a permit, to notify the Authority of the date of commencement of works or of the utilization of a permit; "compliance certificate" means a certificate issued in terms of article 102; "conservation" in relation to natural heritage, 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; "conservation" in relation to 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, treating, recording, preserving, maintaining, rehabilitating and restoring any such property or any part thereof; "the Commission" means the Planning Commission established under article 65; "days" means calendar days; "derivatives" means parts of any specimen, whether processed by man or not; "development brief" has the meaning assigned to it by article 51; "development" means any interventions that fall under the provisions described in article 70; "development order" means an order made under article 55; "development permission" means a permission to carry out or retain development granted by the Planning Board or the Planning Commission either in consequence of an application or of a development order; "development planning" means a planning system which shall have as its main objective sustainable development; DEVELOPMENT PLANNING "engineering operations" includes any physical changes to the land surface and sea bed, 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: S.L. 549.46. (

a)the air, water and land; (
b)all the layers of the atmosphere; (
c)all organic and inorganic matter and all living organisms; (
d)all ecosystems; and (
e)the landscape; "Environmental Impact Assessment" means an assessment in terms of the Environmental Impact Assessment Regulations or other regulations applicable from time to time; "environmental NGOs" means non-governmental organizations promoting environmental protection and which are registered under the Voluntary Organisations Act; "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; "Gazette" means the Government Gazette; "illegal use" is limited, in relation to land, to use not covered by a development permission issued by an authority related to development; S.L. 549.77 "illegal works" means any works on, in, over or under land, carried out after 1967 and not covered by a development permission issued by an authority related to development; "IPPC permit" means a permit in terms of the Industrial Emissions (Integrated Pollution Prevention and Control) Regulations; "land" includes a building and also land which has been formed following land reclamation and also the sea and the seabed; "land reclamation" means the gain of land from the sea, or wetlands, or other water bodies and restoration of productivity or use to lands that have been degraded by human activities or impaired by natural phenomena; "land use planning" shall include regulation both on land and land to be reclaimed from sea; "local council" means a local council established under the Local DEVELOPMENT PLANNING Government Act; "local plan" has the meaning assigned to it by article 48; "maintenance operations" shall not include demolition and rebuilding works, irrespective of where such demolition and rebuilding works are carried out; "major projects" is a project as defined by regulations under this 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 or Parliamentary Secretary under whose portfolio the Authority is included; "owner" means (
a)a person who in his own right or as a duly authorised 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, but does not include a person who holds the land under title of an agricultural lease; (
b)where the land is subject to usufruct, the bare owner or the usufructuary; (
c)an emphyteuta; (
d)any one of the co-owners of the land on which development takes place; (
e)any one of the spouses, where the land to which the development relates forms part of the community of acquests; (
f)the director or directors of the company duly authorised to appear and represent the company which owns the land to which the development relates; "permission" means a development permission; "person" includes a body or other association of persons whether granted legal personality or not and shall include environmental NGOs; "plan" means a plan approved in accordance with the provisions of this Act; "policy" means a policy approved in accordance with the provisions of this Act; "position statement" means a statement issued by either the Minister or the Executive Council in order to provide a detailed technical explanation justifying a position with respect to a specific planning issue; "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; "projects of common interest" means a project necessary to implement the energy infrastructure priority corridors and areas set DEVELOPMENT PLANNING out in Annex I to Regulation EC No. 347/2013 and which is part of the Union list of projects of common interest referred to in article 3 of Regulation EC No. 347/2013 or other regulations applicable from time to time; "public officer" has the meaning assigned to it by article 124 of the Constitution; "registered interested person or party" means any person who makes representations as provided for in article 71

(6); "regulation" means a regulation made under article 84; "road" means any 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 57; "Standing Committee" means the Standing Committee on the Environment, Climate Change and Development Planning established in terms of article 60; "Spatial Strategy" means the Spatial Strategy for Environment and Development as defined in article 44; "subject plan" has the meaning assigned to it by article 47; "subsidiary plans" includes subject plans, local plans, action plans or management plans and development briefs; "Tribunal" means the Environment and Planning Review Tribunal established under the Environment and Planning Review Tribunal Act; "use", in relation to land, does not include the use of the land by the carrying out of any buildings, engineering, mining or other operations thereon; "waste" means anything, 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. PART II Duty to promote a comprehensive sustainable land use planning system. Duty to promote a Comprehensive, Sustainable, Land Use Planning System 3. It shall be the duty of the Government to enhance the quality of life for the benefit of the present and future generations, without compromising the ability of future generations to meet their own needs, through a comprehensive sustainable land use planning system, and to that effect: (

a)to preserve, use and develop land and sea for this and future generations, whilst having full regard to environmental, social and economic needs; (
b)to ensure that national planning policies are unambiguous, accessible and clear to the general public; DEVELOPMENT PLANNING (
c)to deliver regular plans in accordance with the needs and exigencies from time to time; (
d)to identify regional planning shortcomings and address any problems found in relation thereto; (
e)to apply scientific and technical knowledge, resources and innovation for the effective promotion of development planning; and (
f)to consider public values, costs, benefits, risks and uncertainties involved when taking any decisions. 4. The provisions of article 3 shall not be directly enforceable in any court, but, notwithstanding this, the principles therein contained are fundamental to the Government of Malta and these principles shall be employed in the interpretation of the other provisions of this Act or of any other law relating to matters governed by this Act. Application of article 3. PART III Establishment and Scope of the Authority 5. There is hereby established an authority, to be known as the Planning Authority, hereinafter referred to as the Authority, which shall consist of the Executive Council and the Planning Board. 6.

(1)The Authority shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this Act, of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions under this Act, including the lending or borrowing of money. Establishment of the Planning Authority. Authority to be body corporate and representation of the Authority.

(2)The legal and judicial representation of the Authority shall be vested in the Executive Chairperson of the Executive Council: Provided that the Executive Chairperson may appoint any one or more of the other members of the Executive Council or any one or more of the officers or employees of the Authority to appear in the name and on behalf of the Authority in any proceedings and in any act, contract, instrument or other document whatsoever. 7.

(1)The Authority shall be the principal means whereby the Government shall implement its duties under this Act.

(2)The functions of the Authority shall be the following: (

a)to perform and succeed in the functions which were previously assigned to the Malta Environment and Planning Authority under the provisions of the Environment and Development Planning Act and are now contained in this Act and to perform and succeed in the assets, rights, liabilities and obligations of the Malta Environment and Planning Authority established under the provisions of the Environment and Development Planning Act to the extent that the Functions of the Authority. Amended by: XXI.2022.2. DEVELOPMENT PLANNING (
b)(
c)(
d)(
e)Minister may prescribe by regulations under this Act; the functions of the Executive Council and the Planning Board listed under articles 38 and 64; to facilitate and coordinate the permit granting process for projects of common interest; Repealed by Act XXI.2022.2. the performance of any 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.

(3)The Authority may also exercise all powers of control over 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.

(4)It shall be the Minister’s function to ensure that the Executive Council is fully informed of Government’s strategic directions relative to development planning, and to monitor the proper execution of such policies.

(5)The Authority shall execute its duties, functions and responsibilities in accordance with Government’s strategic directions relating to development planning.

(6)In the pursuance of its functions under this Act, the Authority shall, as far as possible, make reference to European Union best practices and standards.

(7)In the pursuance of its functions under this Act, the Authority shall regulate its own procedure.

(8)The Authority shall also ensure that it keeps an audit trail of all its files, including all documentation and reports: Provided that files, documentations and reports may be digitised and the Authority may after digitisation dispose of hard copies of files, documentations and reports after a period of twenty

(20)years from date of submission to the Authority or to any other previous entity carrying out the same functions. PART IV Delegation of power. Appointment of advisory boards and committees. Common Provisions

The Authority may, in accordance with the provisions of this Act and 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. Notice of any such delegation shall be published in the Gazette.
The Executive Council may with the approval of the Minister appoint advisory boards and committees to assist it in the DEVELOPMENT PLANNING performance of its functions under this or any other law. The functions of the said boards and committees shall be prescribed by the Executive Council with the approval of the Minister. 10.

(1)Subject to the other provisions of this Act, the affairs and business of the Authority shall be the responsibility of the Executive Council. The executive conduct of the Authority, its administration and organisation and the administrative control of its Directorates and of its officers and employees, shall be the responsibility of the Executive Chairperson of the Executive Council, who shall also have such other powers as may from time to time be delegated to him by the Minister. Conduct of the affairs of the Authority.

(2)The Authority and each of its 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 with respect t o t h e A u t h o r i t y, a n y s u c h t h i n g m a y a l s o b e d o n e b y t h e 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. 11.

(1)The Executive Chairperson shall, himself or his representative, have the right to be present and participate at all meetings of the Planning Board, the Commission and all the meetings held by all the boards and committees appointed by the Executive Council.

(2)The Minister, in consultation with the respective chairperson of the Executive Council and the Planning Board shall appoint a secretary to assist the respective entity. The secretary shall have the duty of calling meetings and keeping minutes and assume such other duties as the chairperson of the Executive Council or Planning Board may delegate to him.

(3)The Executive Council shall also appoint an Internal Auditor. The Internal Auditor shall: (

a)oversee the systems of internal control and risk management of the Authority and assist and support the Authority in discharging its responsibilities in relation thereto; (
b)provide the communication link with external auditors and evaluate and coordinate the audit and financial reporting process of the Authority; (
c)scrutinize and evaluate any transaction to be entered into by the Authority with a value exceeding two hundred and fifty thousand euro (€250,000); and (
d)review and assess the effectiveness of the management of the Authority in its compliance with policies and in the discharge of its regulatory and compliance functions in so far as financial matters are concerned.

(4)The Internal Auditor shall report directly and exclusively to Other matters relating to officers of the Authority. DEVELOPMENT PLANNING the Executive Council in accordance with procedures established by the Executive Council. Staff appointments. 12.

(1)Subject to the provisions of the Constitution, any other enactment applicable thereto, and without prejudice to the other provisions of this Act, the employment and appointment of officials and other employees of the Authority shall be made by the Executive Council and the terms and conditions of their employment and appointment shall be established by the Executive Council with the concurrence of the Minister.

(2)The Executive Council 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. Disclosure of interests. 13.

(1)Where any member of the Authority, or a member of the staff of the Authority, or a consultant, advisor or other person engaged by the Authority, has any interest in any matter which falls to be considered by the Authority, he shall upon becoming aware of such interest: (

a)disclose to the Executive Council or the Planning Board, as the case may be, the nature of his interest; (
b)neither influence nor seek to influence the processing and the decision in relation to such matter; (
c)take no part in any consideration of such matter; and (
d)not attend nor participate in any meeting on such matter.

(2)Where a question arises as to whether or not a course of conduct, if pursued by a person, would constitute failure by him to comply with the requirements of sub-article

(1), the question shall be referred to the Executive Council or the Planning Board as the case may be and the decision taken and its motivation shall be recorded in the minutes of the meeting during which the decision was taken and such person is to be duly informed.

(3)Where a disclosure is made to the Executive Council or the Planning Board as the case may be pursuant to sub-article

(1), particulars of the disclosure shall be recorded in the minutes of the relative meeting.

(4)Where a person to whom sub-article

(1)applies, excluding members of the Authority, fails to make the required disclosure, the Executive Council shall decide the appropriate action to be taken which may include, after concurrence from the Minister, the removal from office or termination of the contract of the person concerned. In the case of members of the Authority, the provisions of articles 37

(3)and 63

(6)shall apply. DEVELOPMENT PLANNING 14. The Executive Council shall appoint and employ, at such remuneration and upon such terms and conditions as it may, in accordance with article 12, determine, such officers and employees of the Authority as may from time to time be necessary for the due and efficient discharge of the functions of the Authority. Appointment and functions of officers and employees of the Authority. 15.

(1)The Prime Minister may, from time to time, direct that any public officer shall be detailed for duty with the Authority in such capacity and with effect from such date as may be specified in the Prime Minister’s direction. Detailing of public officers for duty with the Authority.

(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 17; 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 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 sub-article

(2)shall thereupon apply to the period of duration of such detailing by any such further direction in relation to such officer. 16.

(1)Where any public officer is detailed for duty with the Authority under any of the provisions of article 15, such officer shall, during the time in which such direction has effect in relation to him, be under the administrative authority and control of the Executive Council but he shall for all intents and purposes remain and be considered and treated as a public 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 Status of public officers detailed for duty with the Authority. DEVELOPMENT PLANNING detailed for duty; or (
ii)receive remuneration and be subject to conditions of service which are less favourable than those attached to the appointment under the Government held by him on the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for duty with the Authority; and (
b)shall be entitled to have his service with the Authority considered as service with the Government for the purposes of any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and for the purpose of any other right or privilege to which he would have been entitled, and liable to any liability to which he would have been liable, but for the fact of his being detailed for duty with the Authority.

(3)Where an application is made as provided in sub-article

(2)(a)(i) the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority. Offer of permanent employment with the Authority to public officers detailed for duty 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. 17.

(1)The Executive Council may, with the approval of the Prime Minister, offer permanent employment with the Authority to any officer detailed for duty with the Authority under any of the provisions of article 15 at remuneration and on terms and conditions as set out by the Authority.

(2)Every officer who accepts permanent employment with the Authority offered to him under the provisions of sub-article

(1)shall, for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, and saving the provisions of article 30 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.

(3)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.

(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 who has accepted permanent employment with the Authority as aforesaid during the period DEVELOPMENT PLANNING commencing on the date of such officer’s acceptance.

(5)In the case of a public officer detailed for duty with the Authority with effect from the date established under the proviso to article 15

(2)(b) and who subsequently accepts permanent employment with the Authority the foregoing provisions shall apply subject to the following provisions of this article.

(6)For the purposes of the Pensions Ordinance the pensionable emoluments on retirement of any public officer to whom sub-article

(5)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.

(7)(a) The classification referred to in sub-article

(6)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 Ministry responsible for 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. 18.

(1)Without prejudice to the following provisions of this article, the Executive Council shall so conduct the affairs of the Authority so that the expenditure required for the proper performance of its functions shall, as far as practicable, be met out of its revenue.

(2)For the purposes of sub-article

(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 sub-article, Authority to meet expenditure out of revenue. DEVELOPMENT PLANNING 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 sub-article

(2).

(5)Any funds of the Authority not immediately required to meet expenditure may be invested by the Authority in such manner as may from time to time be approved by the Minister. Power to borrow or raise capital.

For the purpose of carrying out any of its functions under this Act, the Authority may, with the approval in writing of the Minister given after consultation with the Minister responsible for finance, borrow, including by way of overdraft or otherwise, or raise money in such manner, from such person, body or authority, and under such terms and conditions as the Minister, after consultation as aforesaid, may in writing approve. Advances from Government.
The Minister responsible for finance may, after consultation with the Minister, make advances to the Authority of such sums as he may agree to be required by the Authority for carrying out any of its functions under this Act, and may make 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. Borrowing from Government. 21.

(1)The Minister responsible for finance may, for any requirements of the Authority of a capital nature, contract or raise loans, or incur liabilities, for such periods and on such terms and conditions as he may deem appropriate, and any sums due in respect of or in connection with any such loan or liability shall be a charge on the Consolidated Fund.

(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 sub-article

(3)shall be paid into the Treasury Clearance Fund and sums received by the Accountant General by way of interest on such advances shall be paid into the Consolidated Fund. DEVELOPMENT PLANNING 22.

(1)The Authority shall cause to be prepared in every financial year, and shall not later than four weeks before the end of such year adopt, estimates of the income and expenditure of the Authority for the following financial year: Estimates of the Authority. Provided that the estimates for the first financial year of the Authority shall be prepared and adopted within such time as the Minister may by notice in writing to the Authority specify.

(2)In the preparation of such estimates the Authority shall take account of any funds and other monies that may be due to be paid to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or of an appropriation Act or of any other law; and the Authority shall so prepare the said estimates so 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. 23.

(1)No expenditure shall be made or incurred by the Authority unless provision thereof had been made in the estimates approved as provided in article 22.

(2)Notwithstanding the provisions of sub-article

(1): (

a)until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for that year by the House, whichever is the earlier date, the Authority may make or incur expenditure for carrying on its functions under this Act not exceeding in the aggregate one-half of the amount approved for the preceding financial year; (
b)expenditure approved in respect of a head or subhead of the estimates may, with the approval of the Minister given after consultation with the Minister responsible for finance, be made or incurred in respect of another head or subhead of the estimates; (
c)if in respect of any financial year it is found that the amount approved in the estimates is not sufficient or a need has arisen for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval by the Minister and in any such case the provisions of this Act applicable to the estimates shall as near as practicable apply to the supplementary estimates. Expenditure to be according to approved estimates. DEVELOPMENT PLANNING Publication of approved estimates. 24. The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of the estimates and supplementary estimates of the Authority, or if at any time during that period the House of Representatives is not in session, within eight weeks from the beginning of the next following session, cause s u c h e s t i m a t e s t o b e l a i d o n t h e Ta b l e o f t h e H o u s e o f Representatives, together with a motion that the House approve the said estimates. One sitting day shall be allotted for the debate in the House on such motion, and both the motion and the approval of the estimates by the House may be with or without amendment to the estimates. Accounts and audit. 25.

(1)The Authority shall cause to be kept proper accounts and other records in respect of its operations, and shall cause to be prepared a statement of accounts in respect of each financial year.

(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. Deposit of revenues and payments by the Authority. 26.

(1)All monies accruing to the Authority shall be paid into a bank or banks appointed as bankers of the Authority by a resolution of the Authority. Such monies shall, as far as practicable, be paid into any such bank from day to day, except such sum as the Authority may authorise to be retained to meet petty disbursements and immediate cash payments.

(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 Executive 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 DEVELOPMENT PLANNING 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 finances, of the Authority. 27. The Authority shall not award or enter into any contract for the supply of goods or materials or for the execution of works, or for the rendering of services, to or for the benefit of the Authority, except in accordance with regulations in force regulating the procurement of all goods and services in the public sector. Contracts of supply or works. 28. The Authority shall, not later than three months after the end of each financial year, make and transmit to the Minister and to the Minister responsible for finance a report dealing generally with the activities of the Authority during that financial year containing such information relating to the proceedings and policy of the Authority as either of the said Ministers may from time to time require. The Ministers shall cause a copy of every such report to be laid on the Table of the House as part of the estimates referred to in article 24. Annual Report 29. The Authority shall be exempt from any liability for the payment of any tax on income or duty on documents for the time being in force in Malta. Exemption from tax. 30.

(1)For the purposes of the Criminal Code and of any provision of a penal nature in any other law, the members of the Authority, namely the Executive Council, the Planning Board and any committee, board, commission or other body or office established by this Act, and every officer or employee thereof, shall be deemed to be and be treated as a public officer. Members of the Authority etc., to be deemed public officers for certain purposes.

(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. 31. The Executive Council, the Planning Board, the Commission, any committee, or board may consult with any officer of the Authority or any other person or entity whose advice is considered relevant to any matter under its consideration. Consultations. 32.

(1)Every member of the Executive Council, the Planning Board, the Commission and each Director shall submit a declaration of assets in accordance with the procedures established for this purpose by the Minister. Declaration of assets, code of conduct and publication of names.

(2)The Minister shall, in consultation with the Authority, issue, publish and review a code about the conduct expected of the m e m b e r s o f t h e A u t h o r i t y, t h e E x e c u t i v e C h a i r p e r s o n , chairpersons, Directors and officers of the Authority in connection DEVELOPMENT PLANNING 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 Executive Council, the Planning Board, the Commission and any committee, board, or other body established by this Act, and any other change in such membership shall be published in the Gazette. Access to information. Amended by: XXI.2022.3. 33.

(1)The Minister shall, in consultation with the Executive Council, by regulations under this article provide that members of the public or such categories of persons as may be prescribed shall be entitled to request from such Government departments, authorities, public corporations or other persons as may be prescribed, such information that they may have in their possession and relating to development planning. Without prejudice to the generality of the foregoing, such regulations may prescribe: (

a)the nature of the information that may be requested; (
b)the circumstances in which such information may be requested; (
c)the circumstances in which such information may be withheld by the requested entity and the publication of the reasons for which such information is withheld; (
d)the fees that may be charged in respect of the granting of any such information; and (
e)the time-frame within which such information is to be supplied.

(2)Without prejudice to the generality of sub-article

(1), the Authority shall keep and make available for public inspection at such reasonable times as it may determine, a register or registers: (

a)of all applications for development permission received by it containing the name of the applicant and details of the proposal, including documents and detailed plans; (
b)of all decisions including documents and detailed plans made on such applications; and (
c)Repealed by Act XXI.2022.3. Provided that for the purposes of this sub-article the application report and any plans concerning applications which relate to national security, defence, banks, prisons, the airport and other institutions or premises whose security it is desirable to safeguard as the Authority may establish shall not be made accessible to the public: Provided further that for the purposes of this article, in the case of a file held by the Authority, any person shall have access to that part of the file containing the following information: (
i)the application report of all applications and any planning report regarding such applications; DEVELOPMENT PLANNING (
ii)all decisions relating to development permissions issued by the Authority together with the relative plans and documents including the reasons for the grant of such permissions or refusal; (iii) all environmental impact statements, environmental planning statements and traffic impact statements; and (
iv)all alternative site assessments and cost-benefit analysis.

(3)The Authority shall ensure that detailed information is made available to the public concerning access to appeal procedures before the Tribunal and the Court of Appeal, including information on the rights of any person to institute appeal proceedings and shall give information on legal time limits and on mandatory fees payable in respect of such proceedings including through publication on the electronic website of the Authority. 34.

(1)Where any notice or other instrument or document whatsoever is required or authorised to be served or given by or 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 of his place of work, 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 notice or other instrument or document to be served or given in a conspicuous place on the land to which it relates and keeping it so affixed for five working days and by publishing the notice, or other instrument or document in a local newspaper. Where the notice, or other instrument or document to be served or given is affixed on the land but is removed before the expiry period of five working days, the reaffixing of the notice, or other instrument or document shall only be for the remaining period after the document was removed. Service of notices, etc., under this Act. DEVELOPMENT PLANNING

(2)Where any 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", "occupier", or "owners", "occupiers", as the case may require.

(3)A person who at any time after a notice is affixed pursuant to sub-article

(1)(e), removes, damages or defaces the notice without lawful authority shall be guilty of an offence against this Act. Savings. Amended by: XXI.2022.4. 35.

(1)The Minister may with effect from such date as may be established by notice in the Gazette repeal the Environment and Development Planning Act, and, or amend Code of Police Laws and different dates, rules and procedures may be so established for the revocation and, or applicability of different provisions thereof.

(2)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 Environment and Development Planning Act, and the relevant provisions of the Code of Police Laws shall continue in force and shall continue to have effect as if made under this Act and may be amended, substituted or revoked accordingly, unless such order, rule, regulation, bye-law, notice, plan or policy or other instrument relate to matters which fall under the Environment Protection Act.

(3)Any licence, permission, order, notice or certificate, or any prosecution or charges, granted or made under or kept in force under any of the provisions of the Environment and Development Planning Act, and the relevant provisions of the Code of Police Laws 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, order, notice or certificate, or prosecution or charges, granted or made under a corresponding provision of this Act, and any such licence, permission, order, notice or certificate, or prosecution or charges as aforesaid shall be treated and dealt with accordingly, unless such licence, permission, order, notice or certificate, or any prosecution or charges granted or made, relate to matters which fall under the Environment Protection Act: Provided that in the case of any such licence, permission, order, notice or certificate issued as operative for a specific period, such licence, permission, order or certificate shall remain operative for such a period from the date such licence, permission, order, notice or certificate was issued.

(4)The Users’ Committee established under the provisions of article 61, shall perform and succeed all the functions, assets, rights, liabilities and obligations of the Users’ Committee established under the provisions of the Environment and Development Planning Act. DEVELOPMENT PLANNING

(5)Repealed by Act XXI.2022.4. PART V Provisions related to the Executive Council Establishment and Scope of the Executive Council 36.

(1)There is hereby established the Executive Council.

(2)The members of the Executive Council shall consist of the following: Establishment of the Executive Council. (

a)an Executive Chairperson appointed by the Minister as established in article 37; (
b)two permanent members who shall be the chairperson and the deputy chairperson of the Planning Board as established in article 63; (
c)two permanent members who shall be independent members and who shall be appointed by the Minister for a period of three years which may be extended for further periods of three years each. The provisions of article 37

(3)shall mutatis mutandis apply; (

d)two members who shall be appointed by the Malta Environment Authority who will always be called in, without fail, to attend meetings of the Executive Council by the Executive Chairperson whenever the Executive Council is considering matters related to policies, scheduling and planning control applications; (
e)any other observatory member from the list of entities indicated in the Fourth Schedule who may be called in to attend meetings of the Executive Council at the discretion of the Executive Chairperson: Provided that when the Executive Council is considering scheduling and conservation orders and emergency conservation order s, the Executive Chairperson shall always call i n the Superintendent of Cultural Heritage.

(3)The provisions of the First Schedule shall apply to the Executive Council and regulate its proceedings.

(4)The Executive Council shall transmit a copy of the agenda, minutes and relative enclosures of its meetings to the Minister for his information.

(5)A member who has ceased to be a member of the Executive Council shall be eligible for reappointment, but no person shall be a member of the Executive Council for more than six years. 37.

(1)The Minister shall appoint an Executive Chairperson. Such appointment shall be for a period of three years which may be extended for further periods of three years each.

(2)The Executive Chairperson shall be responsible for the implementation of the objectives of the Authority as set by the Executive Council. In the exercise of his functions and without prejudice to the generality of the foregoing the Executive Appointment of the Executive Chairperson. DEVELOPMENT PLANNING Chairperson shall: (

a)assume the overall supervision and control of the Directorates, including the establishment of departments as in the opinion of the Executive Chairperson may be necessary for the proper functioning of the Authority and assign to such departments their respective duties; (
b)co-ordinate the workings of the Executive Council and of the Directorates and assign to the Directorates such duties which are by, or in accordance with, the provisions of this Act vested in such Directorates; (
c)develop the necessary strategies for the ongoing implementation of the objectives of the Authority; (
d)give his advice on any matter referred to him or on any matter on which he considers his advice necessary or expedient; (
e)carry out such other functions and duties as the Minister may assign to him from time to time; (
f)establish and co-ordinate working groups that are set up from time to time to formulate policies, plans or regulations.

(3)The Executive Chairperson may only be dismissed by a Resolution of the House of Representatives at any time for a just cause and it shall be a just cause if the Minister determines that he has not achieved the targets and objectives set for him by the Minister.

(4)In the absence of the Executive Chairperson, or if the Executive Chairperson is unable to perform the functions of his office, whether under this or any other provision of this Act, the Executive Chairperson may, following consultation with the Minister, appoint any one of the other members of the Executive Council or any one of the officers or employees of the Authority to act as acting Executive Chairperson. Functions of the Executive Council. Amended by: XXI.2022.5. 38.

(1)The functions of the Executive Council shall be the following: (

a)to provide a centralized office for the receipt and processing of development applications; (
b)to provide a centralized office for the receipt and processing of complaints, reports and assessment of information, related to alleged breaches of the provisions of this Act, and to co-ordinate investigations undertaken by the competent authorities whenever the Authority is of the opinion that a breach should be pursued by enforcement action or other remedies; (
c)to formulate, implement and update plans and policies relating to the promotion of proper land and sea use, both public and private; development planning of land and at sea, both public and private; and such other matters as may be necessary, ancillary, incidental or DEVELOPMENT PLANNING conducive to the better carrying out of the provisions of this Act, whilst taking into account the protection and management of the environment and the sustainable management of natural resources; (
d)to enforce the control of such development in accordance with plans, policies and permissions in terms of this Act; (
e)to carry out national mapping, including carrying out land surveys of specific areas and keeping up to date the national geographical database to undertake the functions mentioned in this sub-article; (
f)to regulate alignment and levelling schemes and their interpretation on site; (
g)to seek the co-operation of, or make arrangements with, other entities or persons to enable it to better monitor the implementation of, and compliance with, the provisions of this Act; (
h)to establish long and short term objectives and strategies for the proper administration of the Authority; (
i)to advise the Minister on the making of guidelines and regulations under this Act; (
j)to provide support and advisory services, relating to development planning on land and at sea in a sustainable manner, to Government and local authorities in relation to the performance of their functions; (
k)to undertake research and conduct consultations with Government departments, non-governmental organisations, private organisations and international organisations and other persons relating to the development of planning methods and models relating to development planning on land and at sea and any other related matters; (
l)to publish and update, as circumstances may warrant, an official manual, which shall be published and updated in electronic format or in any other format as it may deem necessary, containing such matters as the Minister may prescribe and which shall be made available to the public, provided that: (
i)no plan or policy or amendment thereto shall have effect unless it is approved in accordance with the provisions of this Act and published in the official manual; (
ii)a plan or 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; (
m)to make orders under this Part of this Act; (
n)to issue technical guidance documents as may be DEVELOPMENT PLANNING required from time to time; (
o)Repealed by Act XXI.2022.5. (
p)to appoint from time to time sub-committees for the purpose of compiling technical reports and, or identifying procedures to be adopted.

(2)In the execution of its functions under this Part of this Act, the Executive Council 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. Establishment of Directorates. 39.

(1)The Executive Council shall establish Directorates which shall have their respective responsibilities.

(2)The Executive Council shall in writing vest in the Directorates established under sub-article

(1), and subject to the overall supervision and control of the Executive Chairperson, such of the Authority’s functions as relate or are ancillary to the matters for which such Directorates are made responsible. The said Directorates are to give effect to the strategies, policies and directives of the Authority and to otherwise discharge effectively and efficiently the functions of the Authority in their respective areas of operation.

(3)Each of the Directorates established under sub-article

(1)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 Executive Council with the approval of the Minister for a period of three years which may be extended for further periods of three years each. Plans, policies and regulations. Preparation of a plan or policy by the Executive Council out of its own motion or following a request by the Minister. Plans and Policies 40. Without prejudice to the provisions of this Act, development planning shall be regulated by plans, policies and regulations, which are prepared and amended from time to time in accordance with the provisions of this Act. 41.

(1)The Executive Council shall, out of its own motion, but after consultation with the Minister, or if so requested by the Minister, make a plan or a policy on any matter relating to development planning.

(2)The Executive Council 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)When the Minister requests the Executive Council to make a plan or a policy on any matter relating to development planning or to review such a plan or policy, he shall make such a request in writing, containing the reasons for making such a request together with a statement of goals and objectives to be attained by the plan or policy or by a revision of such plan or policy. DEVELOPMENT PLANNING

(4)The preparation and review of the Spatial Strategy shall be regulated by the provisions of articles 44 to 46, whereas the preparation or review of any other plan or policy shall be regulated by the provisions of article 53: Provided that the Minister may, without prejudice to the provisions of articles 44 to 46 and article 53, set out any additional procedure that the Executive Council ought to follow, including the carrying out of assessments, and, or consultations, including public consultations, he may deem necessary. 42.

(1)Where the Executive Council informs the Minister within thirty days of receipt of a request from the Minister to prepare or review a plan or policy, that it is unable to prepare or review the plan or policy, the Minister shall request any person that the Minister deems competent in terms of sub-article

(5), including any government agency, other than the Executive Council, to prepare on his behalf a plan or policy or a revision of such a plan or policy. Where the Executive Council is unable to prepare a plan or policy.

(2)The Minister shall also request the said person to comply with article 53

(2)(a) and (b).

(3)If the Executive Council 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 53

(2)shall, mutatis mutandis, apply.

(4)If the Executive Council 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 53

(2)(g), (h), (

i)and (
j)shall mutatis mutandis apply.

(5)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 fields, having such qualifications as the Minister may prescribe. 43. Without prejudice to the provisions of The European Strategic Environmental Assessment Directive, the Minister may direct the Executive Council to subject any plan, policy or strategy adopted or planned to be adopted by it to a Strategic Environment Assessment or any other assessment as may by law be prescribed. Spatial Strategy for Environment and Development 44.

(1)The Spatial Strategy for Environment Development or "Spatial Strategy": and (

a)is a strategic document regulating the sustainable management of land and sea resources covering the whole territory and territorial waters of the Maltese Islands; (
b)shall be based on an integrated planning system that ensures the sustainable management of land and sea Strategic Environment Assessment and other assessments. The Spatial Strategy for Environment and Development and its preparation and review. DEVELOPMENT PLANNING resources together with the protection of the environment; (
c)must set out objectives in relation to the sustainable development and use of land and sea and shall be illustrated by diagrams as necessary; (
d)must ensure that: (
i)plans and policies 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 balance demands for development with socio-economic considerations and the need to protect the environment; (
ii)sectoral policies, activities and inputs are integrated and coordinated with each other, combining the inputs of all disciplines and groups; (iii) all actions are based on a clear understanding of the natural and legitimate objectives and needs of the various land users; (
iv)it follows other national policies and plans.

(2)The Executive Council shall monitor the Spatial Strategy and review it in part as often as may be necessary and in full not before five years. Every such review shall be made in accordance with the goals and objectives as set out by the Cabinet and shall take effect as provided in the following provisions of this Part of this Act.

(3)In order to achieve the objectives set out in this article, the Cabinet shall take the necessary measures intended to coordinate and improve the spatial impacts of other sectoral policies and their relation to the Spatial Strategy.

(4)For the preparation or review of the Spatial Strategy, the Executive Council shall carry out surveys of those matters which affect the character and quality of the environment, its conservation and its development. These may include: (

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 manmade resources; (
h)the state of the environment report National Strategy for DEVELOPMENT PLANNING (
i)the Environment, nitrate vulnerable zone mapping, flood sensitivity mapping, other issues emanating from water, air quality and waste framework regulations; such other matters as may be required by the Government, or which may be deemed necessary by the Executive Council.

(5)In preparing or reviewing the Spatial Strategy, the Executive Council shall have regard to: (

a)the current economic policies affecting development; (
b)the current social policies affecting development; (
c)the current environmental policies affecting development; (
d)the policies of the Government with respect to the matters set out in sub-article

(4); (

e)the resources likely to be available for the implementation of the plan; (
f)all possible land and sea-use options.

(6)Prior to the preparation of the draft of the Spatial Strategy, or a review thereof, the Executive Council shall provide adequate opportunities for individuals and organisations to make representations for a period of not less than three weeks.

(7)A review of the Spatial Strategy which is necessitated by the proposed adoption of, or an amendment to a subsidiary plan need not comply with the provisions of sub-articles

(4)and

(5)if the matters referred to therein and that are relevant to the review have already been carried out in the preparation of the subsidiary plan. 45.

(1)When the draft of the Spatial Strategy or a review thereof has been prepared in consultation with the Minister, the Executive Council shall publish the strategy together with a statement of the representations it has received during the preceding public consultation exercise and the responses it has made to those representations that were received within the consultation period specified in article 44

(6).

(2)The Executive Council shall invite representations on the draft of the Spatial Strategy to be submitted to it within a specified period of not less than six weeks.

(3)The draft of the Spatial Strategy, or any review thereof, a position statement by the Executive Council recommending changes to the said draft together with all representations made to the Executive Council and the responses the Executive Council has made to those representations that were received within the consultation period specified in sub-article

(2)shall, as soon as practicable, after the expiry of the period specified in sub-article

(2)(a), be referred to the Minister. Publication of the draft Spatial Strategy or its reviews. Final consideration and approval of Spatial Strategy or review. DEVELOPMENT PLANNING 46.

(1)At the conclusion of the procedures set out in the foregoing provisions, the draft Spatial Strategy, and any review thereof, shall be considered by the Cabinet of Ministers together with the Minister ’s position statement and all documentation indicated in article 45

(3).

(2)The Minister shall then cause the draft of the Spatial Strategy, or as revised by the Cabinet, to be laid before the House of Representatives together with a motion for a resolution that the Spatial Strategy be approved by the House of Representatives, with such amendments, if any, as may be specified in the resolution.

(3)When notice of the motion referred to in sub-article

(2)of this article is given by the Minister, that motion, the draft of the Spatial Strategy as laid before the House and the representations received within the consultation period specified in sub-article 2(a) of article 45, shall be referred to the Standing Committee on the Environment, Climate Change and Development Planning for its effective scrutiny. The Standing Committee shall discuss the said motion, the draft of the Spatial Strategy and the representations received within the consultation period specified in sub-article

(2)of article 45, not later than one month after they have been referred to the Standing Committee, and shall report thereon to the House not later than one month from when it has discussed the motion, the draft of the Spatial Strategy and the representations above mentioned: Provided that where the said Standing Committee fails to report to the House within the said period above mentioned, the House may pass on to discuss the motion and the draft of the Spatial Strategy.

(4)The Spatial Strategy, and any review thereof as approved by the House of Representatives shall have effect as from such date as may be specified for that purpose by the Minister by order in the Gazette.

(5)All representations, made to the Executive Council and the responses the Executive Council has made to those representations that were received within the consultation period specified in subarticle

(2)of article 45 shall be published by the Executive Council following the date the Spatial Strategy or review thereof comes into effect as specified in sub-article

(3). Subject plan. Subsidiary Plans and Policies 47.

(1)A subject plan is a plan that deals with a specific development planning matter setting out policies in relation to the specific development planning matter in conformity with the Spatial Strategy and including also detailed specifications intended for its implementation.

(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 Spatial Strategy, whether or not such areas are also covered by another plan or policy. DEVELOPMENT PLANNING 48.

(1)A local plan is a plan that deals with the specific development planning requirements of an area where the rate of development or redevelopment cannot be satisfactorily managed or where special factors cannot be taken into account solely on the basis of the Spatial Strategy. It shall set out detailed policies in relation to the development planning matters of the area in general conformity with the Spatial Strategy and where applicable, any subject plan. Local plan.

(2)A local plan shall consist of a written statement supported by such documents, maps of a suitable scale and diagrams as may be considered necessary. 49.

(1)An action plan or a management plan is a plan for a specific area where the rate of development or redevelopment cannot be satisfactorily managed or where special factors cannot be taken into account solely on the basis of the local plan. It shall set out detailed policies in relation to development planning matters of the specific area in general conformity with the local plan and the Spatial Strategy. Action plan or management plan.

(2)An action plan or a management plan shall consist of a written statement supported by a map or maps of suitable scale and by such diagrams as may be necessary. 50.

(1)"Other policies" are detailed policies and guidelines that deal with the proper and effective management of development of land and sea other than those already contained in a subsidiary plan. They shall be in conformity with subsidiary plans and the Spatial Strategy. Other policies.

(2)Such policies shall be in a form appropriate to the particular subject matter and may be supported by such documents, assessments, maps and diagrams, drawings and illustrations as may be considered necessary. 51.

(1)A development brief is a document setting out detailed planning guidance for the development of a specific site or specific small area where it is considered that such guidance is necessary in order to secure proper and orderly environmental management or development of that site or area, or to implement to that specific site or small area a policy or policies in a plan.

(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, Development brief. DEVELOPMENT PLANNING (
c)(
d)(
e)(
f)(
g)(
v)landscaping and nature conservation aspects; environmental matters and constraints including the necessity of any environmental assessment; tenure of the site; services and infrastructure; the format and content of submission requirements; any other information which may be relevant to the site and to the purpose of the development brief. Order or precedence of plans and policies in case of conflict. 52. In the circumstances where multiple plans and policies apply to the same matter or area and there is a material conflict between any of them, precedence should be afforded in the following order: the Spatial Strategy over the subject plan; the subject plan over the local plan, the local plan over the action plan or management plan, the action plan or the management plans over the development brief and the development brief over other policies mentioned in article 50. Procedure for subsidiary plans and policies. 53.

(1)In the preparation or review or withdrawal of a subsidiary plan or policy, whether such plan or policy is prepared, reviewed or withdrawn on the Executive Council’s own motion or following direction from the Minister, the procedure set out in this article shall be followed with respect to the said plan or policy.

(2)In the preparation or review of a subsidiary plan or policy, the Executive Council shall comply to the following procedure: (

a)prior to the preparation of the draft of the subsidiary plan or policy, or a review thereof, the Executive Council shall provide adequate opportunities for individuals and organisations to make representations to the Executive Council for a period of not less than three weeks; (
b)when the draft of the subsidiary plan or policy or a review thereof has been prepared, the Executive Council shall: (
i)publish the draft of the subsidiary plan or policy or a review thereof together with a statement of the representations it has received during the preceding public consultation exercise, and the responses it has made to those representations that were received within the consultation period specified in paragraph (a); (
ii)invite representations on the draft of the subsidiary plan or policy or a review thereof, to be submitted to it within a specified period of not less than six weeks; (iii) refer the draft of the subsidiary plan or policy or a review thereof to the Standing Committee on the Environment, Climate Change and Development Planning established by article 60 for its effective scrutiny, which Committee shall draw up a report within the consultation period specified in sub- DEVELOPMENT PLANNING (
c)(
d)(
e)(
f)(
g)paragraph (
ii)and forward it to the Executive Council; if the Executive Council does not make changes to this draft, it shall adopt it and refer it to the Minister as the final draft. It shall also forward to the Minister: (
i)the statement of representations it has received during the preceding two consultation exercises; (
ii)the responses it has made as a result of those representations that were received within the consultation periods specified in paragraphs (
a)and (b)(ii); (iii) the report of the Standing Committee on the Environment, Climate Change and Development Planning; and (
iv)all the relative documentation and studies in relation to the preparation of the subsidiary plan or policy; paragraphs (g), (h), (
i)and (
j)shall then apply; if the Executive Council makes changes to this draft after the public consultation process mentioned in paragraph (b)(ii), the Executive Council shall adopt the revised draft and publish the amendments. It shall then invite representations on the amendments within a specified period of not less than six weeks and refer the amendments to the Standing Committee on the Environment, Climate Change and Development Planning for its effective scrutiny which Committee shall prepare a new report if deemed necessary and forward it to the Executive Council; the Executive Council shall refer the final draft of the subsidiary plan or policy as adopted by it to the Minister for his approval without further amendments together with: (
i)all the statements of representations and all the responses made to those representations that were received within the consultation period specified for each consultation period; (
ii)all reports prepared by the Standing Committee on the Environment, Climate Change and Development Planning; (iii) a precise indication of all the 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 or policy; where the Minister agrees with the final draft of the subsidiary plan or policy or a review thereof, he shall approve it as submitted by the Executive Council and shall refer it to the Standing Committee on the Environment, Climate Change and Development DEVELOPMENT PLANNING Planning where applicable in terms of Schedule III of this Act for its effective scrutiny. The Standing Committee shall discuss the subsidiary plan or policy or review thereof within one month and report to the House within one month from when the subsidiary plan or policy was discussed. The Standing Committee shall also refer a copy of the report to the Minister. The Minister shall take cognisance of the report and when no further changes are proposed provide his final approval. The Executive Council shall also publish a consolidated version of the subsidiary plan or policy; (
h)where the Minister does not agree with the final draft of the subsidiary plan or policy or a review thereof as adopted by the Executive Council, he shall prepare a position statement informing the Executive Council of the changes proposed by the Minister to the final draft. Where in such a position statement it is proposed that any land be excluded from a development boundary as indicated in a local plan, the Executive Council shall publish in the Gazette and in two local daily newspapers a notice showing the land that is to be excluded; (
i)the Executive Council shall forthwith amend the final draft of the subsidiary plan or policy or a review thereof in accordance with the Minister’s position statement and submit the same for the Minister’s approval. The Minister shall refer the amended final draft of the subsidiary plan or policy or a review thereof to the Standing Committee on the Environment, Climate Change and Development Planning where applicable in terms of Schedule III of this Act for its effective scrutiny. The Standing Committee shall discuss the subsidiary plan or policy or review thereof within one month and report to the House within one month from when the subsidiary plan or policy was discussed. The Standing Committee shall also refer a copy of the report to the Minister. The Minister shall take cognisance of the report and when no further changes are proposed provide his final approval. When further changes are required, the Minister shall prepare a position statement informing the Executive Council of the changes required and the Executive Council shall forthwith amend the amended final draft in accordance with the Minister’s position statement and submit the same for the Minister’s final approval; (
j)upon such approval by the Minister, the Executive Council shall publish the approved subsidiary plan or policy or a review thereof together with the representations and responses. The Executive Council shall also publish a consolidated version of the subsidiary plan or policy.

(3)In the withdrawal of a subsidiary plan or policy, the DEVELOPMENT PLANNING Executive Council shall comply with the following procedure: (

a)prior to the preparation of a notice of withdrawal of a subsidiary plan or policy, the Executive Council shall provide adequate opportunities for individuals and organisations to make representations to the Executive Council for a period of not less than six weeks; (
b)consult the Standing Committee on the Environment, Climate Change and Development Planning established by article 60 on the intention of preparing a notice of withdrawal of a subsidiary plan or policy, which Committee shall draw up a report within the consultation period indicated in paragraph (a); (
c)on the lapse of the public consultation process mentioned in paragraph (
a)the Executive Council shall prepare a position statement confirming the withdrawal of the subsidiary plan or policy, or otherwise, and refer it to the Minister. It shall also forward to the Minister: (
i)the statement of representations it has received during the preceding consultation exercise; (
ii)the responses it has made as a result of those representations that were received within the consultation period specified in paragraph (a); (iii) the report of the Standing Committee on the Environment, Climate Change and Development Planning; (
d)upon receipt of the position statement and documents from the Executive Council, the Minister shall refer them to the Standing Committee on the Environment, Climate Change and Development Planning where applicable in terms of Schedule III of this Act for its effective scrutiny. The Standing Committee shall discuss the position statement and documents within one month and report to the House within one month from when the position statement and documents were discussed. The Standing Committee shall also refer a copy of the report to the Minister. The Minister shall take cognisance of the report and inform the Executive Council of his final decision together with reasons for reaching such a decision and the Executive Council shall forthwith publish a notice of withdrawal in line with the Minister’s final decision together with the representations and responses.

(4)The Executive Council shall monitor every subsidiary plan or policy and review such plan or policy in part or in full, as frequently as may be necessary. The procedure in this article shall apply for such reviews. 54.

(1)Minor modifications may be carried out following a planning control application submitted to the Executive Council by any person: Minor modifications applications. DEVELOPMENT PLANNING Provided the Authority shall not be construed as "any person" for the purposes of this sub-article.

(2)For the purpose of sub-article

(1), 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 limitation; and (
ii)changes in zoning of a site which lies in an Outside Development Zone or which is within the Development Zone but not designated for the purpose of development.

(3)Where the Executive Council is considering a planning control application in terms of sub-article

(2), this shall be carried out in accordance with regulations which may be prescribed by the Minister.

(4)An appeal from a decision concerning a planning control application related to sub-article

(2)(a) under this article may be lodged before the Tribunal according to the Environment and Planning Review Tribunal Act.

(5)The Executive Council may, upon a request by any person, by a decision revoke or modify a decision concerning a minor m o d i f i c a t i o n a p p l i c a t i o n re l a t e d t o s u b - a r t i c l e

(2)a n d t h e provisions of article 80 shall mutatis mutandis apply to such requests. Development orders. Orders 55.

(1)The Executive Council may on its own motion or following a request by the Minister prepare or review development orders regulating development and other activities which may otherwise require the submission of an application prior to their carrying out, in such circumstances and under such conditions as may be specified in the order, being development and activities within the scope of, and not in conflict with, the proposals contained in any plan or policy approved under this Act.

(2)A development order may include works and activities deemed compatible with the area in which they are being carried out.

(3)Development orders under this Act shall not be published unless a draft of the said orders has been issued for public consultation thereby allowing any person a period of at least two weeks to make representations to the Executive Council stating how in his opinion the proposed or revised orders could be improved to reach their ultimate aim: Provided that within the said period the Executive Council shall consult the Chamber of Architects and Civil Engineers and the Chamber of Planners and shall invite representations to be submitted to it within the said period: Provided further that the provisions of this sub-article shall DEVELOPMENT PLANNING not apply in respect of any development orders which the Minister declares to be urgent for reasons related to public health and safety, or national security or when a form of public consultation was already carried out before the date of coming into force of this Act: Provided that in all cases, including urgent ones, the Local Council or Councils affected shall be informed.

(4)Following the consultation period, the Executive Council shall adopt the development orders with or without amendments and shall refer the same orders together with representations received within the consultation period specified in sub-article

(3)together with the relative responses made to such representations to the Minister for final approval. The Minister may approve the development orders as adopted by the Executive Council or amend the development orders and such orders shall then be published in the Gazette and shall have effect from the date specified or indicated therein.

(5)Works and activities carried out under development orders are to be carried out 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 as specified in sub-article

(6), works and activities are to be notified in writing to the Planning Board.

(6)A development order may regulate: (

a)development or an activity described as permitted in a development order which development or activity does not require that written notification of such development or activity be given to the Planning Board; (
b)development or an activity described as permitted in a development order provided that written notification of such development or activity is to be given to the Planning Board; (
c)development or an activity described as permitted in a development order provided that written notification of such development or activity is to be given to the Planning Board and the Planning Board has endorsed such development or activity as being permitted.

(7)No new development or activity in terms of a development 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 Executive Council may prescribe and which is covered by a development order as mentioned in sub-article

(6). 56.

(1)The Executive Council may, having regard to the provisions of this Act, regulations, plans, policies and to other material considerations, by order served on the owner or occupier of any land, require any existing use or activity or any works to be discontinued or any building, plant, equipment or other thing Discontinuance order or removal order. DEVELOPMENT PLANNING whatsoever to be removed from any land, or requiring both such discontinuance and removal.

(2)Where a discontinuance order or removal order is made in respect of an activity, works or use, or in respect of a building, plant, equipment or other thing lawfully carried out or lawfully existing on the land mentioned in the order, the Authority shall be liable to pay compensation for any losses sustained as a result of the order: Provided that any benefits derived from the same discontinuance order or removal order shall be offset against the losses aforesaid: Provided further that no such compensation is due if the 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. Scheduling orders and Conservation orders. 57.

(1)A list of: (

a)areas, buildings, structures and remains of geological, palaeontological, cultural, archaeological, architectural, historical, antiquarian, artistic or landscape importance, (hereinafter referred to as "scheduled property") shall be prepared by the Executive Council and scheduled for conservation through a scheduling order; and (
b)areas of natural beauty, of ecological or scientific value (hereinafter also referred to as "scheduled property") shall be prepared by the Malta Environment Authority and scheduled by the Executive Council for conservation through a scheduling order: Provided that the Executive Council may in respect of all or any one or more of the scheduled property also make conservation orders to regulate their conservation: Provided further that upon the issue of a scheduling order the owner shall have the right to immediate access at reasonable times to all documentation of the Authority concerning the scheduling order for the purpose of studying the relative findings and considerations.

(2)The list of scheduling orders, and any additions or amendments thereto, shall be published in the Gazette and in a local newspaper. The Executive Council shall also notify any one of the owners of any property subject to a scheduling order of the fact of its inclusion in the list and of any conservation order made with respect to it. Notice of such scheduling 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 scheduling order shall be registered in an index held for that purpose which index 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 DEVELOPMENT PLANNING a property is subject to such an order may be carried out. The Executive Council 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 Executive Council has issued a conservation order in terms of this article, it shall register the said property in the index mentioned in sub-article

(2)indicating the said property as having been issued with a conservation order, and the provisions of the said sub-article concerning the indexing of scheduling orders shall mutatis mutandis apply. The list of conservation orders, and any additions or amendments thereto, shall be published in the Gazette and in a local newspaper.

(4)For the purposes of sub-articles

(2)and

(3), "site" means a single property or more than one property, irrespective of who is the owner of that property, which forms part of the land which is scheduled or which is subject to a conservation order in terms of this article.

(5)The carrying on of any work in, and the demolition, alteration or extension of, any scheduled property is prohibited or restricted as provided in this article or in the relative 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 Planning Board, granted on an application made to it and giving such details as the Planning Board 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: Provided that a scheduling order or a conservation order shall not adversely affect development already legally carried out before the coming into force of this Act or development already granted by a development permission under this Act, before the scheduling order or conservation order is issued.

(7)A permission granted by the Planning Board or a conservation order made by the Executive Council 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 subject to a conservation order, the Executive Council shall also have power to require the owner, by notice in writing, to undertake such works generally, or as may be specified in such notice as may be necessary to ensure that no further deterioration occurs. In default, the Executive Council 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 DEVELOPMENT PLANNING 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 may request the reconsideration of any scheduling of his property. Such request shall be entered in writing with the Executive Council within thirty days of notification or publication in the Gazette of the scheduling order, whichever is the later, and the Executive Council shall decide within three months of receipt of such request. Emergency conservation order.

(11)Any person who feels aggrieved by a decision of the Executive Council under this article may appeal to the Tribunal for a revocation or modification of such a decision according to the provisions of the Environment and Planning Review Tribunal Act.

(12)Notwithstanding the right to appeal before the Tribunal as established by the Environment and Planning Review Tribunal Act, an appeal to the Tribunal from a scheduling of property or the descheduling of property or its downgrading in the protection afforded by the scheduling or the issue of a conservation order shall not stay the execution of such scheduling or conservation order. 58.

(1)If a property, site or area which is not scheduled or protected under the provisions of this Act or any regulations made thereunder, but which the Executive Council believes could have an importance or value sufficient to have it scheduled or protected, is at risk of being demolished, damaged or destroyed, the Executive Council 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 sub-article

(1)of article 57 shall apply: Provided that in case of urgency the Executive Chairperson may make an emergency conservation order without the need of consulting the other members of the Executive Council.

(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 twelve 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)An appeal to the Tribunal from an emergency conservation order shall not stay the execution of such order. The Development Planning Fund DEVELOPMENT PLANNING 59.

(1)The Authority shall set up a fund, hereinafter referred to as the Development Planning Fund. The Development Planning Fund and other funds.

(2)The Development Planning Fund shall be administered by the Executive Council.

(3)The Development Planning Fund shall be used to finance both public and privately owned projects, programmes and schemes, 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 organisations, as the Minister in consultation with the Executive Council may prescribe: Provided that, without prejudice to the aforesaid, the Development Planning Fund shall not be used to finance other costs of the Authority.

(4)There shall be paid into the Development Planning Fund: (

a)any sums appropriated by Parliament for the purpose; (
b)any donations or grants made to the Development Planning Fund by individuals or institutions; (
c)sums received by the Authority for the purpose of being placed in the Development Planning 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 Executive Council shall keep a proper account of the revenue and expenditure of the Development Planning Fund and it 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 Development Planning Fund to be audited by suitably qualified Public Auditors and Accountants appointed by it with the concurrence of the Minister.

(6)The Executive Council shall every financial year deliver to the Minister, a copy of a duly audited balance sheet together with a report of the activities during the previous financial year of the Development Planning Fund. 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 same from the Executive Council.

(7)The revenue generated through the Development Planning Fund shall not be subject to tax under the Income Tax Act, and it shall not be liable to tax under the Duty on Documents and Transfers Act.

(8)The Minister, after consulting the Executive Council, may make regulations prescribing the procedure to be followed by the Executive Council in the management of the Development Planning Fund.

(9)The Executive Council 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 sub-articles

(4), DEVELOPMENT PLANNING

(5),

(6),

(7)and

(8)shall apply mutatis mutandis to such other funds. PART VI Policy Advisory Committees Standing Committee on the Environment, Climate Change and Development Planning. Substituted by: XXXVI.2020.11. The Standing Committee on the Environment, Climate Change and Development Planning 60.

(1)There shall be a Standing Committee on the Environment, Climate Change and Development Planning which shall consist of five members appointed by the House, of whom three shall be members representing the Government, one of whom shall be appointed as Chairperson, and the other two shall be members representing the Opposition.

(2)The Standing Committee shall discuss any strategy, plan or policy referred to it in terms of articles 46 and 53 and any other matter referred to it in terms of the Environment Protection Act and the Climate Action Act and prepare a report and refer it to the House and to the Minister. Such a report may also include any dissenting opinion on the strategy, plan or policy. The Minister shall take cognizance of the report: Provided that where the said Standing Committee fails to prepare a report within the period stipulated in this Act, the Executive Council may adopt the said strategy, plan or policy and the Minister may also approve the said strategy, plan or policy as forwarded to him by the Executive Council. Establishment and functions of the Users’ Committee. The Users’ Committee 61.

(1)There shall be a Committee, to be known as the Users’ Committee, which shall consist of not less than seven and not more than eleven members being not more than one representative from each of the interested national constituted bodies recognised by the Minister. The Users’ Committee shall be autonomous from the Authority and shall be appointed by the Minister.

(2)The Users’ Committee shall propose to the Executive Council such changes to administrative processes and practices in relation to planning matters as it may deem appropriate. It shall report to the Executive Council at least every six months. A copy of such a report is also to be forwarded to the Minister. Establishment of the Building Regulation Committee. Establishment of the Planning Board. 62. Repealed by Act XXI.2022.6. PART VII Provisions related to the Planning Board The Planning Board 63.

(1)There is hereby established a Planning Board which shall consist of the members mentioned in sub-article

(2), which members shall, save as hereunder provided, be appointed or chosen, as the case may be, by the Minister. DEVELOPMENT PLANNING

(2)The members of the Planning Board shall consist of the following: (

a)a Chairperson, who shall be chosen from the five members mentioned in paragraph (b); (
b)five members, (hereinafter called the "independent members") chosen from amongst persons of known integrity and with knowledge of and experience in any of the following: (
i)commerce, economy and industry; (
ii)cultural heritage; (iii) matters relating to environment, development, social and community affairs; (
iv)sustainable development and urban planning; and (
v)architecture and infrastructure; (
c)one member who shall be chosen from amongst the chairperson/s of the Planning Commissions; (
d)two members who shall be members of the House of Representatives and of which one shall be appointed by the Prime Minister and the other by the Leader of the Opposition; (
e)a member representing the interests of environmental NGOs, who shall be chosen from amongst a number of persons nominated by the said NGOs; (
f)a member representing the Malta Environment Authority; (
g)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; (
h)a member chosen by the local council, within whose boundaries a major project application lies, which member shall be considered as a member of the Planning Board only when the Planning Board is deliberating and deciding a major project application within the boundaries of that particular local council. In the case where a major project lies within more than one local council boundary, the member shall be chosen from among the persons chosen by the respective local councils within whose boundaries a major project application lies: Provided that the Planning Board shall be properly constituted and may function notwithstanding any failure to appoint either or both members of the Planning Board mentioned in paragraph (d), or any failure to make the required nominations under paragraphs (
e)or (h).

(3)The Chairperson of the Planning Commission appointed as DEVELOPMENT PLANNING member of the Planning Board shall be appointed as deputy chairperson.

(4)Save as provided in sub-articles

(2)and

(3), no person shall be qualified to be appointed as, or remain, a member of the Planning Board if he: (

a)is a public officer: Provided that the Executive Chairperson and the Chairperson of the Planning Commission, shall not be considered as public officers for the purposes of this sub-article; (
b)is an employee of any department, agency, Corporation or Authority of the Government, provided that for the purposes of this paragraph a member of the academic staff of the University shall be excluded; (
c)is a Minister, Parliamentary Secretary or a member of the House of Representatives, of the European Parliament or of a Local Council; (
d)is a judge or magistrate of the courts of justice; (
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 Planning Board: 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 Planning Board provided that the declared interest and the Minister’s determination are published in the Gazette; (
f)is interdicted or incapacitated; (
g)is convicted of an offence affecting public trust, or of theft or fraud, or of knowingly receiving property obtained by theft or fraud or of bribery or of money laundering; or (
h)is subject to disqualification under article 320 of the Companies Act.

(5)The independent members and the member representing the interests of environmental NGOs, 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 Minister shall, as far as practicable, ensure a measure of rotation.

(6)Without prejudice to the provisions of sub-article

(5), the independent members and the member representing the interests of environmental NGOs may resign by letter addressed to the Minister, but may not be r emoved from office except by a resolution of the House of Representatives on the ground of misconduct or inability to perform the duties of their office.

(7)The member chosen by the local council or chosen by the Minister from the members nominated by different local councils, DEVELOPMENT PLANNING as the case may be, shall remain in office only until the Planning Board decides the particular major project application within the boundary or boundaries of the respective local council or local councils.

(8)The other members of the Planning Board shall hold office until they are replaced by the 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.

(9)A person who has ceased to be a member of the Planning Board shall be eligible for reappointment, but no person shall be a member of the Planning Board for a total of more than six years.

(10)The provisions of the Second Schedule shall apply to the Planning Board and regulate its proceedings.

(11)The Planning Board shall transmit a copy of the agenda, minutes and relative enclosures of its meetings to the Minister for his information. 64. The functions of the Planning Board are the issue of any development permissions that may be required by or in accordance with this Act under such conditions as it may, without prejudice to any other provision of this Act or any other law, deem necessary to balance out any concurrent interests on the best use of land and sea. 65.

(1)There shall be a Commission, to be known as the Planning Commission, which may have such number of divisions as the Minister may by order in the Gazette prescribe. The Commission or such number of divisions of the Commission, shall deal with such types of applications as the Minister may, after consulting the Executive Chairperson, prescribe.

(2)The Commission or in case of there being a number of divisions, each division of the Commission, shall be appointed by the Minister and shall consist of three permanent members including its Chairperson, and one supplementary member. The Commission shall be chosen from persons of known integrity and who shall have knowledge of, and experience in, matters relating to sustainable development: Provided that the three persons who are appointed to act as permanent members of the Commission or a division of the Commission, as the case may be, shall attend the meetings of the Commission and take part in the deliberations and decisions, while the supplementary member may attend meetings, but shall only take part in the deliberations and decisions in substitution of any permanent member who cannot for any reasonable cause properly fulfil his duties.

(3)The members of the Commission shall hold office for a period of four years. They shall be eligible for reappointment for further terms, each term being a period of four

(4)years. The provisions of article 63

(6)shall also apply to the members of the Commission. Functions of the Planning Board. Substituted by: XXI.2022.6. The Planning Commission. Amended by: XXI.2022.6. DEVELOPMENT PLANNING

(4)Subject to sub-article

(1)of this article and to article 75, the functions of the Commission shall be such of the functions of the Planning Board with respect to development control as the Planning Board may from time to time delegate to it and require it to perform, subject to such conditions as the Planning Board may deem appropriate.

(5)The decisions of the Commission on any development permission issued by it shall be deemed to be, and shall have the same force and effect as, the decisions of the Planning Board, except in respect of matters which the Planning Board expressly reserves to itself or requires to be referred to it for determination, and the expression "decision of the Planning Board", wherever it appears in this Act, shall be construed accordingly.

(6)The decisions of the Commission shall only be binding if they are supported by the votes of not less than two of its members. The decisions shall be published as soon as practicable after the meeting at which they are taken.

(7)The Commission shall communicate to the Executive Chairperson a copy of its decisions and the relative deliberations leading to its decisions, as soon as practicable after the meeting at which the decisions are taken.

(8)Subject to the foregoing provisions of this Act, and to the Second Schedule, and to any rules that may be prescribed by the Planning Board, the Commission may regulate its own procedures.

(9)The staff of the Commission shall consist of officers and employees of the Authority detailed to service the Commission, and the Executive Council 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.

(10)The Commission may at any time draw up reports, which shall be discussed by the Authority: (

a)on any issue relevant to this Act, including on any particular application; (
b)concerning the development control process; and (
c)on any subject which should be addressed by the Executive Council by means of a new policy or an amendment to an existing one. The Agricultural Advisory Committee. 66.

(1)There shall be a committee known as the Agricultural Advisory Committee, whose members are appointed by the Minister.

(2)The Agricultural Advisory Committee shall consist of a Chairperson representing the Authority and representatives from the departments, agencies or authorities responsible for agriculture, veterinary services, resources and environmental health.

(3)Three members of the Agricultural Advisory Committee shall constitute the quorum at the meetings of the Agricultural Advisory Committee. The chairperson at a meeting shall have an original vote and, in the case of equality of votes, a casting vote. There shall also be a secretary of the Agricultural Advisory DEVELOPMENT PLANNING Committee to be appointed by the Minister and shall have such duties as may be assigned to it by the Agricultural Advisory Committee.

(4)It shall be the function of the Agricultural Advisory Committee to provide professional and expert advice to the Planning Board on development applications related to agriculture and other development outside the development zone. The Committee shall also evaluate development proposals and state whether the proposed interventions would benefit or hinder sustainable agriculture, farm, rural development, adducing detailed reasons thereto. The Committee shall, where appropriate, suggest methods as to how a development proposal may be rendered acceptable in terms of sustainable agriculture, farm, and rural development. The Agricultural Advisory Committee shall also collate information regarding development applications related to agriculture.

(5)The Agricultural Advisory Committee shall make available for public inspection any recommendation made by it to the Planning Board.

(6)The Agricultural Advisory Committee may call upon any person to give it expert or professional advice on any matter being dealt by it.

(7)Subject to the foregoing provisions of this sub-article and to any rules prescribed by the Minister, the Agricultural Advisory Committee may regulate its own procedure. 67.

(1)There shall be a committee known as the Design Advisory Committee.

(2)The Design Advisory Committee shall make recommendations with respect to development applications related to urban conservation areas and major projects and shall consist of a chairperson and two other members appointed by the Minister.

(3)Two members of the Design Advisory Committee shall constitute the quorum at the meetings of the Design Advisory Committee. The chairperson at a meeting shall have an original vote and, in the case of equality of votes, a casting vote. There shall also be a secretary of the Design Advisory Committee to be appointed by the Minister and shall have such duties as may be assigned to it by the Design Advisory Committee.

(4)It shall be the function of the Design Advisory Committee to provide professional and expert advice to the Planning Board in relation to design in development applications related to urban conservation areas and major projects.

(5)The Design Advisory Committee shall make available for public inspection any recommendation made by it to the Planning Board.

(6)The Design Advisory Committee may call upon any person to give it expert or professional advice on any matter being dealt by it.

(7)Subject to the foregoing provisions of this article and to any The Design Advisory Committee. DEVELOPMENT PLANNING rules prescribed by the Minister, the Design Advisory Committee may regulate its own procedure. The Registration Board. 68.

(1)There shall be a Registration Board whose function shall be to evaluate applications for registration in the Register of Consultants eligible to carry out assessments in relation to matters as specified in this Act not related to environment.

(2)The

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.