(2)The Registration Board shall be composed of a minimum of three members and a maximum of five members, one of whom shall be the chairperson. The members of the Registration Board shall be appointed by the Minister.
\n
(3)The members of the Registration Board shall be independent members and not involved in any way in the preparation of assessments falling within the jurisdiction of the Registration Board.
\n
(4)The Registration Board shall assess applications for such registrations and approve those that meet the requirements for registration. The Registration Board shall give reasons for its decisions.
\n
(5)The decision of the Registration Board to grant or to refuse an application for registration in the Register kept by the Executive Council shall be notified in writing to the applicant without delay.
\n
(6)The Registration Board may direct the Executive Council to update the Register at such regular intervals as it may deem fit by the inclusion of other disciplines in the Register, which disciplines might have in the meantime evolved.
\n
(7)The decisions of the Registration Board shall be final. An appeal shall lie to the Tribunal only on the grounds that the Registration Board has, in its decision, wrongly applied the provisions of this Act or any regulations made thereunder.
\n
(8)The decision of the Registration Board shall be binding if it is supported by the opinion of a majority of its members, and the dissenting member or members, if any, may express his/their opinion separately, and all decisions of the Registration Board shall be published as soon as practicable after the sitting at which they are given.
\n
(9)The Minister may, after consultation with the Registration Board, make regulations to give better effect to the provisions of t h i s a r t i c l e a n d , wi t h o u t p r e j u d i c e t o t h e g e n e r a l i t y of t h e foregoing, he may: (a) establish criteria that applicants are expected to meet in order to qualify for registration; (b) establish the procedure to be followed by the Registration Board; (c) prescribe a tariff of fees for registration with the Registration Board.
\n
Powers of the Registration Board.
\n
Art. 69
\n
69.(1) The Registration Board may, out of its own motion or at the request of the Executive Council, cancel any approval granted under the provisions of article 68 or refuse any application DEVELOPMENT PLANNING for a renewal of the registration, when a person: (a) is found guilty by a court of criminal jurisdiction of a crime being a crime committed through imprudence, carelessness, unskillfulness in an art or profession, or non-observance of regulations; or (b) is found guilty by a court of criminal jurisdiction of any offence under the provisions of the Act or of any regulations made thereunder; or (c) has, in the opinion of the Executive Council and the Registration Board, submitted sub-standard or deliberately misleading work in an assessment; or (d) has participated in the preparation of an assessment when he was not registered in the Register; or (e) was the recipient of an approval issued under the provisions of article 68 based on information given by the applicant which is false or misleading; or (f) fails to pay the yearly renewal fee.
\n
(2)Notwithstanding the provisions of sub-article (1), the Registration Board may opt for a suspension, rather than the cancellation of an approval, in the circumstances specified in subarticle (1)(d) and (f).
\n
(3)Notwithstanding the provisions of sub-article (1), if a person participates in the preparation of an assessment without being registered in the Register, he shall subsequently be barred from registering or participating in any assessments in Malta for a period to be decided by the Registration Board which period shall in no case be less than three years.
\n
Requirement of Permission
\n
Art. 70
\n
70.(1) Subject to the provisions of this article and to the following provisions of this Part of the Act, and subject to articles 55 and 85(2)(n), no development shall be carried out except with development permission.
\n
(2)For the purposes of this article, and, unless the context otherwise requires, for all other purposes in this Act, \"development\" means the carrying out of building, engineering, quarrying, mining or other operations for the construction, demolition or alterations in, on, over, or under any land or the sea, the placing of advertisements or the making of any material change in use of land or building and sea, other than: (a) maintenance operations which affect only the interior of a building or which do not materially affect the external appearance of the building:
\n
Provided that such maintenance works are not contrary to any order made under this Act in relation to the building:
\n
Provided further that maintenance operations shall not include demolition and rebuilding works, irrespective of the location where such demolition and rebuilding Development to require permission.
\n
DEVELOPMENT PLANNING (b) (c) (d) (e) (f)
\n
(3)works are carried out; the use of land for agriculture, animal husbandry and forestry (including afforestation), except where such use consists of: (i) the erection of buildings or amounts to intensive raising of crops or animals; or (ii) the reclamation of land for agriculture by the deposit of material on such land unless such reclamation of land for agriculture can be proven to have subsisted prior to 1994; in the case of buildings or other land that are used for a purpose of any class specified in an order made by the Minister, as the case may be, under this Act, the use thereof for any other purpose of the same class; emergency works in relation to public safety carried out by Government; a use which subsisted continuously from a period when such use was not considered illegal and did not require a permit; the placing of plant and machinery required for the operation of a use already covered by development permission on land within the perimeter of the site covered by the same permission of the use being operated.
\n
For the purpose of this article (a) the use of a building resulting in an increase in the number of dwelling units in which the building was previously used; or (b) the deposit of materials on land; or (c) the use for the display of advertisements on any external part of a building that is not normally used for that purpose, involves a material change in the use of that building or land, or part thereof, without prejudice, in the case of advertisements, to any regulations or order made under this Act with respect to their control.
\n
(4)For the purpose of this article, development includes clearing of valleys from accumulated sediment and development in relation to the sea includes land reclamation from the sea, aquaculture and beach developments and their related uses.
\n
Application for permission.
\n
Amended by:
\n
XXI.2022.9.
\n
Art. 71
\n
71.(1) Any person, including a department of government or a body corporate established by law, wishing to carry out any development referred to in article 70, shall apply to the Planning Board for such permission, in such manner, on such form and giving such information as the Planning Board may prescribe.
\n
(2)The Planning Board may grant three types of development permissions:
\n
DEVELOPMENT PLANNING (a) an outline development permission which gives approval in principle to the proposed development, but specifies reserved matters which need to be included in a full development permit application or applications. A period of time shall be stated within which the full development permit application or applications shall be submitted, failure of which would render the outline development permit null. Such period shall in no case exceed five years. No development may commence without a full development permit; (b) a full development permission is required before any development can commence, whether or not preceded by an outline development permission. The full development permission will be given subject to conditions included in the permission; (c) a non-executable full development permission which approves the development but imposes conditions to be adhered to before a full development permission is issued.
\n
(3)Any person may also apply to the Planning Board for a determination as to whether a proposal requires a development permission and the Planning Board is bound to inform that person whether a development permission or any other form of notification is required in terms of this Act or not.
\n
(4)An applicant for development permission shall declare to the Authority that: (i) he is the owner of the site or that he has notified the owner of his intention to apply by registered letter of which a copy has been received by the Authority and that the owner has granted his consent to submit an application; or (ii) he is authorised to carry out such proposed development under any other law or through an agreement with the owner.
\n
(5)Where: (i) the applicant is the Government of Malta, or any department, agency, authority or other body corporate wholly owned by the Government; or (ii) the applicant is not the owner of the site, but he holds the site under title of agricultural lease, or holds the premises under a title of lease and he is carrying out the works under a scheme of a Government entity, the applicant must still notify the owner of his intention to apply by registered letter of which a copy has been received by the Authority, but need not certify that the owner has granted his consent to such a proposal.
\n
(6)Any person may declare an interest in a development and, on the basis of issues relevant to environment and planning, make representations on the development. Such declaration of interest DEVELOPMENT PLANNING and representations shall be in writing and is to be received by the Planning Board within such period as established by regulations prescribed by the Minister. A declaration that is not submitted within this stipulated period shall be considered null and may not be considered by the Planning Board.
\n
(7)During the processing of the application, the Executive Chairperson shall consider representations made by registered interested parties in accordance with the provisions of sub-article
\n
(6).
\n
(8)The Planning Board shall inform the registered interested parties where fresh drawings have been filed and the registered interested parties shall be notified of the Planning Board’s sitting when such application shall be discussed:
\n
Provided that such submissions may be made in any format deemed appropriate by the Planning Board, and shall include submissions received by post or by hand and electronic submissions:
\n
Provided further that if the last day for submissions as set out by the Planning Board is a public holiday or a day when the offices of the Authority are closed to the public, the time limit for such submissions shall be deemed to expire on the next following working day.
\n
Permissions.
\n
Art. 72
\n
72.(1) The Planning Board shall have the power to grant or to refuse a development permission. Any development permission approved shall be without prejudice to third party rights and shall not in any manner constitute or be construed as a guarantee in favour of the applicant as to the title to the property. Moreover in the granting of a development permission, the Planning Board shall be entitled to impose such conditions which it may deem appropriate:
\n
Provided that the Planning Board shall give specific reasons for any refusal or for any particular conditions that may have been imposed.
\n
(2)In its determination upon an application for development permission, the Planning Board shall have regard to: (a) plans; (b) policies:
\n
Provided that subsidiary plans and policies shall not be applied retroactively so as to adversely affect vested rights arising from a valid development permission, or a valid police or trading licence issued prior to 1994; (c) regulations made under this Act:
\n
Provided that the Planning Board shall only refer to plans, policies or regulations that have been finalised and approved by the Minister or the House of Representatives, as the case may be, and published; (d) any other material consideration, including surrounding legal commitments, environmental, DEVELOPMENT PLANNING aesthetic and sanitary considerations, which the Planning Board may deem relevant; (e) representations made in response to the publication of the development proposal; and (f) representations and recommendations made by boards, committees and consultees in response to notifications of applications.
\n
(3)Saving development which in the opinion of the Minister is of strategic significance or of national interest, related to any obligation ensuing from a European Union Act, affects national security or affects the interests of other governments but not subject to an Environmental Impact Assessment and, or IPPC matters, the execution and validity of a permit shall be automatically temporarily suspended and no works as approved by the said development permit may commence before the lapse of the time periods established in article 13 of the Environment and Planning Review Tribunal Act and subsequently will remain so suspended if the Tribunal so decides in accordance with the Environment and Planning Review Tribunal Act.
\n
(4)A development permission may be granted for a limited period but shall cease to be operative if the activity or development has not been completed within the period specified in the development permission, if any:
\n
Provided that the Planning Board shall, on the application of the person holding the full development permission, renew the said permission on receiving a valid renewal application while the previous development permission is still operative, to such further period or periods as it may consider reasonable:
\n
Provided further that where there has been a change in plans or policies applicable to the requested renewal development permission, these new plans and policies shall be taken into account unless the site subject to the application is already committed by the original development permission in relation to these plans and policies:
\n
Provided futher that if the applicant fails to submit the commencement notice relative to the permission, such development permission shall be considered as never having been utilised.
\n
(5)Any permission still in force shall automatically pass on to the new owners of the development.
\n
(6)In granting a development permission, the Planning Board may require the applicant to carry out the activity or development in stages. The Planning Board shall inform the applicant in the permission which are the said stages and, following the completion of each stage, the applicant shall request the Planning Board to carry out an inspection of the activity or works carried out, and if, following such an inspection, it is found that the activity or works have been carried out in terms of the development permission, the Planning Board shall authorise the applicant to carry out the next stage of the activity or development.
\n
(7)Where the Planning Board considers it appropriate to DEVELOPMENT PLANNING closely monitor specific conditions in a development permission by appointing a person competent for the said purpose, it shall do so at the expense of the applicant.
\n
(8)Without prejudice to the provisions of this article, where an application to develop land consists in the mining of minerals, the Planning Board may and, where planning and environmental standards so require, shall, require the applicant to provide a scheme for the treatment of the working and surrounding areas during the working period and for the treatment of the said areas when working is completed.
\n
(9)The Planning Board shall not grant permission for the mining of minerals unless i t is satisfied t hat planning and environmental standards will be met and that the site will be kept and eventually left in acceptable conditions.
\n
(10)Where the Planning Board has required a scheme to be submitted for the various stages as provided in sub-article (6), the scheme, as accepted by the Planning Board, shall be made a condition of any permission granted by it, and the Planning Board shall further require such guarantees to be given by the applicant as it deems necessary to ensure that the scheme will be adhered to.
\n
Supplementary provisions regarding permissions.
\n
Art. 73
\n
73.(1) In any case in which the Planning Board may under this Act grant permission to develop land, it may grant permission for the retention on land of any buildings or works constructed or carried out thereon, or for the continuance of any use of land, without permission under this Act or after such permission has ceased to be valid or operative, and references in this Act to permission to develop land or carry out any development on land, and to applications for such permission, shall be construed accordingly:
\n
Provided that any application or permission under this subarticle shall not be processed or granted unless the applicant or his predecessor in title has: (a) forthwith upon being required so to do, ceased to carry out any development he was required to interrupt; and (b) paid such fines or made such other payments as may be due on the site subject of the application.
\n
(2)A permission under this article may be granted so as to take effect from the date on which the buildings or works were constructed or carried out or the use was commenced, or from the date the development permission ceased to be valid or operative, as the case may be.
\n
(3)A development permission must specify the purposes for which a building may be used and if no purpose is specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.
\n
(4)Where a development permission is given for a limited period only, and a condition to this effect is included in the permit, nothing in this Act shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that DEVELOPMENT PLANNING period, of the use of the land for the purpose for which it was normally used before the permission was granted, but no account shall be taken of any use made in contravention of this Act.
\n
(5)The Planning Board may, prior to the issue of, or in issuing a development permission, demand from the person in whose favour the permission will be issued, as a condition for the issue of the development permission, to provide a bond in favour of the Authority in order to guarantee compliance with the conditions of the permission once issued, or in order to guarantee payment in respect of damages which may be caused to the environment or to the infrastructure. The Planning Board may, after the issue of a development permission, if the development or activity is not being carried out in accordance with the permission, or is otherwise causing damage to the environment or the infrastructure, demand the said person in whose favour the permission has been issued, as a condition for the continuance of the development permission, to provide a bond in favour of the Authority in order to guarantee compliance with the conditions of the permission, or in order to guarantee payment in respect of damages which may be caused to the environment or to the infrastructure:
\n
Provided that nothing in this sub-article shall be interpreted as authorising the Planning Board to demand a bond in an amount not commensurate with the nature of the development project or activity:
\n
Provided further that such a bond may only be forfeited in favour of the Authority if there is clear evidence that the applicant has not complied with the conditions of the development permission and the reasons for forfeiting the bond shall be communicated in writing to the applicant.
\n
Art. 74
\n
74.(1) Decisions on applications shall be taken without delay.
\n
(2)The Minister may make regulations to give better effect to the provisions of this article and, without prejudice to the generality of the foregoing, he may:
\n
Decisions to be taken without delay. (a) establish the procedures to be used by the Planning Board and the applicant in the processing and determination of applications; (b) establish the procedures to be used by an applicant prior to the submission of an application; (c) establish time limits within which submissions have to be made and decisions have to be taken and communicated.
\n
Art. 75
\n
75.The Planning Board shall not delegate to the Commission or to any other body or person, the determination of the following applications: (a) applications in respect of an activity or development of a national or strategic significance or affecting matters of national security or other national interests; (b) applications in respect of an activity or development which could affect the interests of other governments;
\n
Applications, the decisions of which cannot be delegated.
\n
DEVELOPMENT PLANNING (c) applications in respect of development which is subject to an environmental impact statement; (d) requests for reconsideration where the decision to be reconsidered was taken by the Planning Board itself.
\n
Re-consideration.
\n
Art. 76
\n
76.(1) If an applicant considers that conditions imposed upon a development permission are unreasonable, he may, without prejudice to his right of appeal, request the Planning Board or the Commission, as the case may be, to reconsider such conditions.
\n
(2)A request for a reconsideration shall be made within thirty days from notification of the decision of the Planning Board or of the Commission, as the case may be, and may not be made concurrently with an appeal. The request for a reconsideration shall include a written document containing the reasons for such a request.
\n
(3)The Planning Board or the Commission shall inform the registered interested parties where a request for a reconsideration has been filed and the registered interested parties shall be notified of the Planning Board’s or the Commission’s sitting when such a request for a reconsideration shall be discussed.
\n
(4)No reconsideration may be demanded by a registered interested party, even if such interested party has made written objections in accordance with the provisions of article 71(6).
\n
Appeal.
\n
Amended by:
\n
XXI.2022.10.
\n
Art. 77
\n
77.(1) If an applicant considers that the conditions imposed upon a full development permission or outline development permission, or a refusal of such a permission, or any other decision, is unreasonable, he may lodge an appeal with the Tribunal according to the Environment and Planning Review Tribunal Act.
\n
(2)Where a request for reconsideration has been made, and the Planning Board or the Commission revises its decision, an appeal from such a reconsidered decision may be made by the applicant, registered interested third parties and external consultees to the Tribunal in accordance with the Environment and Planning Review Tribunal Act.
\n
(3)Other parties indicated in the Environment and Planning Review Tribunal Act may lodge an appeal from a decision of the Planning Board or of the Commission with the Tribunal according to the Environment and Planning Review Tribunal Act.
\n
(4)Call in Procedure.
\n
Repealed by Act XXI.2022.10.
\n
Art. 78
\n
78.(1) Where an appeal is lodged by an applicant or by a registered interested third party, or by any external consultee from any decision of the Planning Board or the Commission relative to the instances referred to in sub-article (2), the secretary of the Tribunal shall inform the Minister of such an appeal within fifteen days from its receipt. In such case, the Minister may, within fifteen days from the date when he has received such information, either instruct the Tribunal to proceed with the determination of the appeal or decide to refer the appeal to the Cabinet of Ministers for determination. Where the Minister does not decide to refer such an DEVELOPMENT PLANNING appeal to the Cabinet of Ministers as aforesaid within the said period, it shall be deemed for all purposes and effects of law that he has opted to refer the said appeal to the Tribunal for its decision.
\n
(2)The Minister may refer to the Cabinet of Ministers any appeal called in by him in terms of sub-article (1), where such an appeal relates to decisions in respect of: (a) a development which appears to him to be of a strategic significance; (b) a development which appears to him to affect matters of national security or national interests; (c) a development which appears to him likely to affect the interests of the Government of Malta or other governments; (d) a development which is subject to an environmental impact assessment and which in the Minister’s opinion is of national interest; (e) a development where the applicant is a department of Government or a body corporate established by law.
\n
(3)Where the Minister decides to refer to the Cabinet of Ministers an appeal referred to him, he shall request the Tribunal to draw up its recommendation on that appeal after having heard the parties and the Tribunal shall send its recommendation on that particular appeal to the Minister who shall refer it to the Cabinet of Ministers. Such recommendation shall be available to the public.
\n
(4)The Cabinet Secretary shall, within fifteen days from the date of such decision, communicate the decision of the Cabinet of Ministers to the Planning Board and the Commission together with the reasons in justification thereof and the Planning Board shall comply therewith, publish the decision of the Cabinet of Ministers in such manner as it may deem fit or as may be prescribed and shall communicate the decision of the Cabinet of Ministers to the parties within fifteen days from the receipt of such decision.
\n
(5)A decision by the Cabinet of Ministers pursuant to this article which relates to a development or an installation which is subject to an environmental impact assessment and, or an IPPC permit, may, upon an application by the appellant or by an i n t e r e s t e d p a r t y, w h i c h m a y i n c l u d e a n o n - g o v e r n m e n t a l organisation having as one of its purposes the promotion of environmental protection and is registered under the Voluntary Organisations Act, be subject to appeal on matters of substantive and procedural legality to the Court of Appeal in its superior jurisdiction. An appeal in terms of this sub-article shall be made by an application to be filed within ten days from the date of communication of the decision of the Cabinet of Ministers to the parties. The appeal proceedings shall be concluded by the Court of Appeal within four months from the filing of the appeal before it and shall not be prohibitively expensive. Legal and judicial costs and fees in the said proceedings shall be taxed in accordance with paragraph (7) of item 3 of Tariff A and with paragraph (b) of item 15 of Tariff E in Schedule A to the Code of Organization and Civil Procedure.
\n
Planning obligation.
\n
DEVELOPMENT PLANNING
\n
(6)The execution of any development or the operation of any installation which is subject to an environmental impact assessment and, or an IPPC permit, and which is pending a decision by the Cabinet of Ministers in terms of this article shall be suspended until the decision of the Cabinet is taken.
\n
(7)Where a decision of the Cabinet of Ministers is subject to an appeal in accordance with sub-article (5), the Court of Appeal may, upon a request of the appellant or of an interested party, which may include a non-governmental organisation having as one of its purposes the promotion of environmental protections and which is registered under the Voluntary Organisations Act, order that the execution of the development or the operation of the installation be suspended whilst proceedings before the said Court are pending.
\n
Art. 79
\n
79.(1) A planning obligation may be entered into in those cases where the Planning Board, in connection with a grant of a development permission, seeks to impose on the applicant an obligation: (a) to carry out an activity or works: (i) on the land in respect of which development permission is sought, or (ii) on any other land or area, or (iii) on the land or area mentioned in both subparagraphs (i) and (ii); or (b) to make some payment or confer some extraneous right or benefit, where the Planning Board considers it to be more appropriate. The Planning Board shall seek to obtain these benefits or gains by means of conditions attached to a grant of the development permission, or by means of a planning obligation entered into by a public deed.
\n
(2)Any person may, by agreement with the Planning Board, enter into a planning obligation: (a) restricting the development or use of that land in any specified way; (b) requiring specified operations or activities to be carried out, in, on, under or over that land or area; (c) requiring that land or area to be used in any specified way; or (d) requiring a sum or sums to be paid to the Authority on a specified date or dates or periodically.
\n
(3)The Minister may make regulations for giving better effect to the provisions of this article and may, without prejudice to the generality of the foregoing: (a) prescribe the procedure how a planning obligation may be entered into, enforced, modified and discharged; (b) establish any restrictions, conditions or the payment of any sums of money which may be imposed in such planning obligations.
\n
DEVELOPMENT PLANNING
\n
(4)The applicant and any person interested in the land may appeal to the Tribunal from a planning obligation entered into in terms of sub-article (1).
\n
Revocation or Modification of Permission
\n
Art. 80
\n
80.(1) The Planning Board may, only in: (a) the cases of fraud; or (b) the submission of any information, declaration or plan which is incorrect or does not reflect the situation on site; or (c) where there is an error on the face of the record; or (d) where public safety is concerned, by a decision revoke or modify any development permission granted under this Act, including any clearance issued by the Planning Board under an Order, stating in such decision its reasons for so doing and indicating in a clear manner the legal basis for the revocation.
\n
Upon any such request made by any person to revoke or modify a permission in terms of this Act, or out of its own motion, the Executive Chairperson must prepare his recommendations to the Planning Board as to whether the development permission should be revoked or modified and invite both the applicant and the person making the request, if any, to make written submissions.
\n
The Planning Board shall communicate the date and time of its hearing to the applicant and to the interested person making the request under this article, if any. During such hearing the Planning Board shall also hear the said applicant’s submissions, if the latter opts to attend, the interested person’s submissions, if any, and any other person’s submissions:
\n
Provided that the Executive Chairperson may in relation to any development permission, including any clearance issued under an Order after the date of coming into force of this Act, commence proceedings to revoke or modify any such development permission, including any clearance issued by the Planning Board under an O r d e r, w i t h i n f i v e y e a r s f r o m t h e d a t e o f i s s u i n g o f t h e development permission, including any clearance issued under an Order.
\n
(2)For the purposes of sub-article (1): \"fraud\" means the submission to the Planning Board of any information, declaration or plan on the basis of which the Planning Board has approved a development permission, where such information, declaration or plan is false; \"incorrect information, declaration or plan\" means the submission to the Planning Board of any information, declaration or plan on the basis of which the Planning Board has approved a development permission, where such information, declaration or plan does not reflect the situation on site or is erroneous or Revocation and modification.
\n
DEVELOPMENT PLANNING mistaken; \"error on the face of the record\" means an error made by the Planning Board in reaching a decision and such error is apparent from the records of its proceedings:
\n
Provided that the Planning Board shall not revoke or modify a development permission on the basis of fraud or incorrect information, declaration or plan or error on the face of the record, where such circumstance did not have a material bearing on the issuing of the development permission in such a manner that had the correct information been available at the time of the decision the outcome would not have been different.
\n
(3)The applicant, or the interested person making a request under this article shall, if he feels aggrieved by the decision taken by the Planning Board, have a right to appeal the Planning Board’s decision to the Tribunal within thirty days from the date of the hearing when the decision was taken.
\n
(4)No compensation may be demanded from the Authority when it acts under the provisions of sub-article (1) where the reason for the revocation or a modification of a development permission is based on fraud, incorrect information, declaration or plan, or error on the face of the record or for considerations of public safety.
\n
Charges and contributions.
\n
Charges and Contributions
\n
Art. 81
\n
81.(1) The Authority shall have power to levy a charge in respect of any permission to carry out development, to be known as the Development Permission Fee, including any application therefor, in accordance with a schedule of charges established by it with the concurrence of the Minister and of the Minister responsible for finance, taking account of the nature of the development, the timing of the development in relation to the planned phasing thereof, of the conditions attaching to the permission and of any other relevant consideration.
\n
(2)The Authority shall have power to levy a contribution towards the cost of the infrastructure services and other services or facilities arising from any permission to develop land, to be known as the Infrastructure Service Contribution, from the person applying for such permission or carrying out such development, in accordance with such rates a s the Authority may, with t he concurrence of the Minister and of the Minister responsible for finance, from time to time determine, taking account of the services involved, the areas of development and other material considerations.
\n
(3)The sums collected by the Authority under sub-article (2) shall be paid to the Government each year after a deduction therefrom is made to cover the reasonable costs incurred in the determination and levying of the contribution, as prescribed by regulations.
\n
(4)The Authority shall have power to levy a charge in respect of any other application made to it.
\n
DEVELOPMENT PLANNING
\n
(5)The schedule of charges and the rates of contributions established under this article, as from time to time in force, shall be published as regulations and shall have effect as so published.
\n
(6)The charges and contributions levied under sub-articles (1) and (2) aforesaid shall be collectively known as the \"development levy\".
\n
Art. 82
\n
82.No development permission shall be processed and no activity or development authorised by an order shall be carried out, unless and until any fee or contribution payable under article 81 has been paid to and received by the Authority, and any activity or works carried out without such payment having been made and received shall be deemed to be an activity or development carried out without the permission of the Authority.
\n
Payment of fee and contribution.
\n
PART VIII
\n
Power to make Regulations General
\n
Art. 83
\n
83.Without prejudice to the provisions of article 6 of the Interpretation Act, any power conferred by this Act to make regulations, rules, orders, lists, schedules and any other instrument of like nature, includes the power from time to time to revoke, replace, amend, alter or add to any such instrument as aforesaid.
\n
Art. 84
\n
84.(1) Regulations under this Act shall be made by the Minister after consultation with the Authority, and except for regulations under article 85(2)(a), (b) and (m) and in the cases referred to in sub-article (2) hereof, shall not be made unless a draft of the said regulations has been issued for public consultation thereby allowing any person a period of at least two weeks to make representations to the Minister stating how in his opinion the proposed regulations could be improved to reach their ultimate aim.
\n
Power to make regulations etc. to include power to revoke etc.
\n
Procedure for making of regulations.
\n
(2)The provisions of sub-article (1) with regard to the publication of a draft of the regulations for public consultation shall not apply in respect of any regulations which the Minister declares to be urgent or when a form of public consultation was already carried out before the date of coming into force of this Act.
\n
(3)When the Minister makes regulations concerning the procedure before the Executive Council or any board, commission or other body established under this Act, he shall also consult the Executive Council or such board, commission or body.
\n
Planning and Development Regulations
\n
Art. 85
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85.(1) The Minister may, acting in accordance with the provisions of article 84, make regulations for the better carrying out of the provisions of this Act and may in particular by such regulations appoint the Authority or any person or body to be the designated authority for the purposes of any international obligation to which Malta may be a party.
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(2)Without prejudice to the generality of the provisions of subarticle (1), such regulations may, in particular:
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Power to make Planning and Development Regulations.
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DEVELOPMENT PLANNING (a) prescribe the charges and fees that may be levied by the Authority for services rendered by it under this Act, or in respect of any matter for which it is considered that a fee should be payable; (b) provide for the procedure to be applied by the Authority and the applicant before and after the submission of an application under this Act, as well as fees chargeable therefor, as well as the procedures to be used by the applicant and the Authority in the processing of the said application, including, but not limited to, the advertising, communication and vetting of the said application, and the general conditions under which the Authority may require the giving of financial guarantees or the provision of assurance to make good for any damage that may be caused; (c) prescribe what type of information held by the Authority shall be accessible to the public, as well as to establish the procedure concerning access thereto and the relative fees to be paid to obtain copies of such information; (d) give effect to any international treaty or instrument, including directives, regulations and decisions, relating to any matter governed by this Act to which Malta may from time to time be a party or subject to, and to set up structures and make other provisions for the implementation thereof; (e) provide for any matter relating to planning and development and sanitary or other activities affecting land or sea, including policy requirements relating to construction, demolition and alteration works, as well as any other matter relating thereto, taking account of all relevant considerations, including safety, aesthetics, health and environment; (f) prescribe the manner in which Development Permission Fees or other charges, contributions or fees made under this Act or under regulations made under this Act are to be established, made, reviewed, collected, utilised or otherwise dealt with; (g) in relation to confiscation of objects used for, or in connection with anything contrary to the provisions of this Act or any regulations issued thereunder and related matters: (i) establish the circumstances where such objects can be confiscated and establish the relative procedure for their confiscation and disposal; (ii) authorise and regulate clamping, towing, removal and storage by the Authority of any object used for or in connection with anything contrary to the provisions of this Act or any regulation issued thereunder; (iii) exclude the Authority from any liability, other DEVELOPMENT PLANNING than liability for gross negligence, incurred in
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connection with the execution of its duties under the said regulations; (iv) provide for the disposal of such objects when the said objects are not claimed by their owners within such time as may be prescribed; (v) establish fees payable to the Authority for the removal of clamps, for towing, for the storage of such objects and for the auction or other form of disposal of such objects; (vi) establish offences and the relative punishments in relation to matters referred to in subparagraphs (i) to (v); (h) specify the type of illegal activity the provisions of articles 101 and 103 shall apply to and establish the relative penalty; (i) amend, substitute, add to or otherwise alter anything contained in the Schedules to this Act; (j) prescribe regulations for any other purpose for which regulations are authorised or required to be made; (k) prescribe the form of any notice, order or other document authorised or required by this Act to be made, served or given; (l) regulate how any notice or communication to or from the Authority which in terms of this Act shall be in writing, may be made in electronic form; (m) provide that any person who acts in contravention of any regulation under this Act shall be guilty of an offence against this article, and establishing such penalty, being a penalty not greater than a fine (multa) of two hundred and forty thousand euro (€240,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment, to which any person so guilty may be liable:
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Provided that such regulations may provide that a person, who, having been sentenced for an offence against the same regulation by a judgement which has become absolute, commits a further offence against the same regulation within such time as may be prescribed, shall be liable to pay a higher fine (multa), not exceeding double the fine (multa) which would otherwise have been inflicted, and for the purpose of this proviso the maximum fine that may be established by such regulations shall be four hundred and eighty thousand euro (€480,000):
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Provided further that such fine shall in all cases be due to the Government as a civil debt, and that where the person guilty of the offence is a director, secretary or manager of a body corporate for the economic benefit of whom the offence was committed, such body corporate shall be liable in solidum with the offender DEVELOPMENT PLANNING for the payment of the said civil debt; (n) prescribe any other matter that is to be or may be prescribed under this Act.
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(3)Notwithstanding the other provisions of this Act or of any other law, Schedules annexed to regulations made under this Act may be made or published in the English language only.
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Power to make regulations on the issue of licences in the building industry and the registration of consultants in the building industry, building contractors and building tradespersons.
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Art. 86
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Buildings to be designed and constructed in accordance to buildings regulations.
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Art. 87
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87.Repealed by Act XXI.2022.12.
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Power to make building regulations.
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Art. 88
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88.Repealed by Act XXI.2022.13.
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Power to issue guidelines related to contracts of works and services.
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Art. 89
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89.Repealed by Act XXI.2022.14.
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Power to prohibit the use of certain materials, etc.
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Art. 90
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90.Repealed by Act XXI.2022.15.
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Technical guidance documents.
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Art. 91
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91.Repealed by Act XXI.2022.16.
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Building Control Regulations.
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Art. 92
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92.Repealed by Act XXI.2022.17.
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Amendment of the Code of Police Laws.
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Repealed by Act XXI.2022.11.
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Amendment of the Code of Police Laws
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Art. 93
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93.(1) The Minister may, without prejudice to the provisions of sub-article (2), by regulations amend, substitute or repeal any of the provisions of Part V of the Code of Police Laws, with effect from such date as the Minister may, by order in the Gazette, establish.
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(2)The Minister may by regulations made under this subarticle provide for transitory provisions.
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PART IX
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Right of entry.
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Monitoring and Enforcement
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Art. 94
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94.(1) Notwithstanding the provisions of any other law, for the purposes of carrying out their functions under this Act, the Executive Council and such officer, employee or committee or any other person as may be authorised by the Executive Council or the DEVELOPMENT PLANNING Executive Chairperson for this purpose, and if so required by the Executive Council with the assistance of the Police Force, shall have: (a) the right to enter any premises, public or private, at all reasonable times, and in the case of a dwelling house after giving previous reasonable notice of at least twenty-four hours and not before seven o’clock in the morning or later than seven o’clock in the evening, and inspect or survey any land, or verify whether an illegal development or activity is taking or has taken place or to take any photographs after entering or request any legitimate information from any occupier of such premises; and (b) the right to do anything that is ancillary or consequential thereto.
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(2)Any person authorised pursuant to sub-article (1) shall produce a means of identification issued by the Authority and thereon be authorised to enter the land.
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Art. 95
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95.(1) The Executive Council shall monitor all activities falling within the scope of this Act, including all development operations to ensure that all such activities and development are carried out only in accordance with the requirements of this Act and in compliance with the decisions lawfully taken under this Act and may for such purpose request and obtain the assistance of the Police Force, any local council, any department of Government or any agency of Government.
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Monitoring of activities and development.
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(2)The Executive Council shall also undertake a review of all such activities and development carried out before the coming into force of this Act, or any other Act preceding this Act, not being development carried out before 1967, not in compliance with rules, regulations, plans or policies in force at the time the activity or development took place, and in respect of any such activity or development the Executive Council shall have such powers as it has in respect of an activity or development carried out after the coming into force of this Act in order to ensure that the rules, regulations, plans and policies aforesaid are enforced or, if this is not reasonably possible, to regularise any such activity or development to the extent the Executive Council deems adequate in the circumstances:
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Provided that the onus of proof that a development or activity is not in compliance with rules, regulations, plans or policies in force at the time the activity or development took place is on the Executive Council.
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(3)The Executive Council shall also monitor all activities falling within the scope of this Act, to ensure that all such activities are carried out in accordance with licences, permits, certificates issued by the Authority concurrently with the planning decision.
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Art. 96
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96.(1) The Executive Council may appoint officers for the purposes of this Act, and such officers may, upon production of proof of their identity, in order to ensure compliance with this Act Officers.
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DEVELOPMENT PLANNING or any regulations made thereunder: (a) enquire from any person information in connection with any activity or other matter regulated by this Act; (b) issue stop notices or enforcement notices or stop and enforcement notices or warning notices to any person in accordance with the provisions of article 97.
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(2)The provisions of sub-article (1) shall be without prejudice to the powers of the Police, Community Officers, the Comptroller of Customs or of any other authority under the Criminal Code, the Customs Ordinance or any other law.
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(3)Officers appointed under this article shall, notwithstanding any other law, have the right to assist the police in the conduct of prosecution for offences under this Act and to plead the case on behalf of the prosecution.
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Enforcement procedure.
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Art. 97
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97.(1) If it appears to the Executive Council that an activity and, or development is being carried out without the grant of a permission and, or licence required under this Act or that any conditions subject to which such permission was granted in respect of any such activity and, or development are not being complied with or such activity and, or development is against this Act or regulations made under this Act, the Executive Council shall issue a stop notice to any such person carrying out such an activity and, or development:
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Provided that when the illegal activity and, or development is limited to part of the site, the Authority may in its discretion issue a partial stop notice requiring the activity and, or development to be stopped forthwith only in relation to that part of the activity and, or development to where the illegal development subsists and not in relation to the whole development:
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Provided further that no such notice shall be issued for any development carried out before 1967:
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Provided further that the Executive Council may issue a warning notice in writing requiring illegal activity and, or development to be stopped forthwith prior to proceeding with the issue of a stop notice, which has to be abided with immediately on notification, provided that only one warning notice may be issued for the same infringement.
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(2)A copy of the notices mentioned in sub-article (1) may also be served on any representative, builder, contractor or workman on the site and the Executive Council shall also affix such notices in a prominent position at a point of entry onto the site.
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(3)The Executive Council shall, in the case of a stop notice issued under sub-article (1), also inform: (a) the local council in whose locality the land mentioned in sub-article (1) is found; (b) the perit responsible for the said works and the site manager, if known, that a stop notice as aforesaid has been issued by the Executive Council:
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DEVELOPMENT PLANNING Provided that the non-compliance with the provisions of this sub-article shall in no case invalidate any notice issued under sub-article (1).
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(4)If it appears to the Executive Council that any activity and, or development of land has been carried out after the coming into force of this Act without the grant of permission required on that behalf under this Act, or that any conditions subject to which such permission was granted in respect of any activity and, or development have not been complied with, the Executive Council may, having regard to the provisions of development plans, planning policies and any other material consideration, serve on the owner of the land or on the occupier of the land or on the person responsible for the acts mentioned in the notice or any combination thereof as the Executive Council deems most expedient, an enforcement notice and sub-article (3) shall also here apply, requiring such steps as may be specified in the notice to be taken within such time as may also be so specified for restoring the land to its condition before the activity and, or development took place or for removing such development or for securing compliance with the conditions aforesaid, as the case may be, and in particular, but without prejudice to the generality of the aforesaid any such notice may, for the purpose aforesaid, require the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on the land of any building or other operations:
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Provided that where the Executive Chairperson believes that there is an imminent danger to the environment, an emergency enforcement notice may be served on the above indicated persons without the need of consulting the other members of the Executive Council:
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Provided further that an appeal from an emergency enforcement notice or the submission of an application for the retention on land of any buildings, works or development or to sanction the continuance of any use of the land to which the emergency enforcement notice relates shall not stay the operation of the emergency enforcement notice.
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(5)The Executive Council shall register all stop notices and all other enforcement notices issued in terms of this Act in the index mentioned in article 57(2), and the provisions of the said article concerning indexing of conservation orders shall mutatis mutandis apply to stop and other enforcement notices in terms of this Act.
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(6)Any notice made under this article shall contain a detailed description of the infringements being alleged and where applicable, a site plan indicating the land which is the subject of such a notice shall be annexed thereto together with any additional information as deemed appropriate by the Executive Council to clearly identify the alleged infringements.
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(7)A notice under this article may include a combination of a stop notice and enforcement notice and shall be known as a stop and enforcement notice. Moreover a notice given under any of the provisions of this article, other than the immediate request stopping or prohibiting any further work or development or requiring the DEVELOPMENT PLANNING cessation of use, shall take effect at the expiration of such period, being not less than fifteen days and not more than sixty days after service thereof, as may be specified therein.
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(8)When an application for development permission has been submitted before the expiry of the period mentioned in sub-article
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(7)(a) for the retention on the land of any buildings, works or development to which the enforcement notice relates; or (b) to sanction the continuance of any use of the land to which the enforcement notice relates, the operation of the notice, in respect of any requirement other than a requirement stopping or prohibiting any further activity and, or development or requiring the cessation of a use, shall be suspended pending the final determination of the application. If the permission applied for is granted on that application and it comes into operation, the enforcement notice shall cease ipso jure to have effect.
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(9)Any application to regularise an activity or a development or an appeal to the Tribunal from a refusal, may be dismissed forthwith if a requirement in the notice stopping or prohibiting further activity and, or development, or requiring the cessation of a use, has not been complied with and there is evidence to show that the notice has not been complied with during the processing of the application or during the Tribunal sittings, or if any penalty or other payment for which any person has become liable under this Act in respect of the relevant activity or development has not been paid.
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(10)The Executive Council may exercise its powers under article 100(1) notwithstanding that a second or subsequent application intended to regularise the illegal activity or development may have been filed with the Planning Board concerning the same or part of the same activity or site, irrespective of whether the said application is filed by the same applicant or by another applicant.
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Enforcement in relation to Scheduled Property.
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Amended by:
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XXI.2022.18.
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(11)Any person who feels aggrieved by any notice served on h i m m a y a p p e a l a g a i n s t i t t o t h e Tr i b u n a l i n t e r m s o f t h e Environment and Planning Review Tribunal Act, in which case the effects of the notice, other than the request stopping or prohibiting any further activity and, or development or requiring the cessation of a use, shall be suspended pending the final determination of the appeal.
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Art. 98
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98.(1) If it appears to the Executive Council that anything which is prohibited or restricted or subject to a condition by or under any of the provisions of article 57 is being done or carried on or has been done or carried on in contravention of any such prohibition, restriction or condition or without any permission or other requirement, or without compliance with any condition, mentioned in those articles or any orders made thereunder, the Executive Council shall serve a notice on the owner of the land or DEVELOPMENT PLANNING on the occupier of the land or on the person responsible for the acts mentioned in the notice or any combination thereof, as the Executive Council deems most expedient, requiring such steps as may be specified in the notice, including the discontinuance of anything being done or carried on, to be taken within such time as may also be specified in the notice. The provisions of article 97(3) shall also apply to any notice under this article.
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(2)A notice under this article shall also be referred to as an \"enforcement notice\" and, unless the context otherwise requires and subject to such modifications and adaptations as may be necessary to give full effect to the provisions of those articles, wherever the expression appears in this Act, it shall include a notice given under this article:
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Provided that no such notice shall be issued for any development carried out before 1967.
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Art. 99
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99.(1) If it appears to the Executive Council that the amenity of any area is injured by the appearance or structural condition of any building or any land, being a garden, vacant site or other open land, or by the appearance of a site upon which development or construction or any other works are taking or have taken place, the Executive Council may serve an enforcement notice on the owner of the la nd or on t he occ upi er of the land or on the person responsible for the acts mentioned in the notice or any combination thereof, as the Executive Council deems most expedient, requiring such steps to be taken for abating the injury as may be specified in the notice. The provisions of article 97(3) shall also apply to any notice under this article.
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Injury to amenity and removal of danger.
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Amended by:
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XXI.2022.19.
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(2)The Minister may, in consultation with the Executive Council, by regulations under this article provide that property which is in a state of disrepair and, or constitutes a danger, shall be demolished by its owner or by the Authority, at the owner ’s expense, in accordance with the provisions of article 100. Without prejudice to the generality of the foregoing, such regulations may prescribe: (a) the manner through which the state of the property is certified as constituting a danger, (b) the methodology and procedures to be used by the Authority in any action it may take as aforesaid.
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(3)A notice under this article shall also be referred to as an \"enforcement notice\" and unless the context otherwise requires and subject to such modifications and adaptations as may be necessary to give full effect to the provisions of those articles, wherever the expression appears in this Act, it shall include a notice given under this article. Such notices may also be issued for any development carried out before 1967.
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Art. 100
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100.(1) If any steps or other action, including any discontinuance, stoppage or similar requirement, required to be taken by an enforcement notice have not been taken within the time specified therein, the Executive Council may enter on the land or the area at sea and take such steps or other action as aforesaid Supplementary provisions as to enforcement and proceedings for debts due to the Authority.
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DEVELOPMENT PLANNING without any other formalities required by any other law, including the disabling or removal of any equipment, machinery, tools, belongings, vehicles or other objects that may be on site and the carrying out of any works necessary to comply with what is requested in the enforcement notice and may for such purpose request the assistance of the Police Force, any local council, any department of Government or any agency of Government, and the Police Force and, or Armed Forces shall for such purpose exercise such powers as are vested in them at law, on the demand of the Executive Council for assistance.
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(2)Where the removal of an illegal development involves by strict necessity the removal also of a development which is not illegal, the Executive Council may proceed to remove also such other development, the removal of which is strictly necessary as aforesaid.
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(3)Notwithstanding the provisions of any other law and saving the provisions of article 46 of the Constitution and article 4 of the European Convention Act, no precautionary act may be issued by any court against the Authority restraining it from the exercise of the powers conferred upon it by this article.
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(4)Subject to the provisions of, or regulations made under, this Act, when an enforcement notice has not been appealed and the owner or the occupier of the land subject to an enforcement notice or any person responsible for the acts mentioned in the notice, fails to comply with the said enforcement notice within the period therein prescribed, such person shall be liable to a daily fine to be regulated by regulations made by the Minister, not being more that fifty euro (€50) per day which shall apply from the date that such illegality mentioned in the notified enforcement notice continues.
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When the notice has been appealed and the enforcement is confirmed by the Tribunal or the Court of Appeal (Inferior Jurisdiction), as the case may be, the daily fine for continuation of illegality shall be calculated from the original date notified in the enforcement notice:
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Provided that the Minister may by regulation prescribe different dates from which daily fines shall be calculated.
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(5)All expenses reasonably incurred by the Executive Council in the exercise of its powers under this article, or any other amount due to the Authority under any other provision of this Act or regulations made thereunder shall be recoverable as a civil debt by the Authority from the present owner of the land, or from any occupier of the land, or from any person responsible for the acts mentioned in the notice, including a notice of payment, or an applicant, subject to such right of recovery such person may have against any other person. The Authority shall not be liable for any damages as a result of the exercise of its powers under this article, unless it is proved that such damage resulted from gross negligence on the part of the Authority, its officers and agents. The Authority, in its discretion, can dispose of the objects constituting the illegality or illegalities, without any other formalities whatsoever if the objects remain unclaimed within seven days.
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(6)Where the Authority desires to sue for the recovery of a DEVELOPMENT PLANNING debt due to the Authority under any law or regulation which it is entitled to enforce, the Executive Chairperson or an officer of the Authority duly authorised by the Executive Chairperson to act on his behalf, may make a declaration on oath before the Court Registrar or before any other officer authorised to administer the oath in judicial matters, wherein he states the nature of the debt and the name of the debtor and confirm that it is due.
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(7)The declaration referred to in sub-article (6) shall be served upon the debtor by means of a judicial act and it shall have the same effect as a final judgement of the competent court unless the debtor shall, within a period of twenty days from service upon him of the said declaration, oppose the claim by filing an application demanding that the court declares the claim unfounded.
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(8)The application filed in terms of sub-article (7) shall be served upon the Authority, which shall be entitled to file a reply within a period of twenty days. The court shall appoint the application for hearing on a date after the lapse of that period.
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(9)Any debts due to the Authority shall be prescribed by the lapse of the period of five years from the date on which the debt was due.
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Art. 101
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101.(1) Notwithstanding the other provisions of this Act, any person shall have the right to request the Authority to regularise development which may be regularised by virtue of regulations made by the Minister under this Act in accordance with and subject to procedures established by the Authority.
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Procedure to apply to certain types of development.
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(2)Notwithstanding the other provisions of this Act, any person who is served with an enforcement notice in respect of development which may be regularised by virtue of regulations made by the Minister under this Act, shall have the right to request the Authority to regularise such development in accordance with and subject to procedures established by the Authority:
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Provided that the development in question shall not be considered as having been regularised in terms of this Act unless and until a development permission has been granted to cover the development in question and a penalty fixed by the Authority within the limits established in article 105 has been paid.
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(3)Where any person claims to the Authority that an enforcement notice falls within the provisions of sub-article (2), and he requests the Authority to regularise such development and the Authority does not accept such claim, the period mentioned in article 97(7) shall commence to run from the date that the Authority serves such person with a notice to the effect that it is not accepting such claim.
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(4)The Minister may, after consultation with the Authority, make regulations to give better effect to the provisions of this article.
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Art. 102
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102.(1) The following provisions shall have effect with respect to any development which has taken place after the date of the coming into force of the Development Planning Act, 1992, Compliance Certificates.
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DEVELOPMENT PLANNING hereinafter referred to as \"new development\".
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(2)No service consisting in the supply of water or electricity to any new development shall be provided by any authority unless there is in respect of such development a certificate issued by the Authority or any other certificate as prescribed by regulations stating that the development is in accordance with a development permission or has been conceded or approved by the Authority in terms of the Development Planning Act, 1992, the Environment and Development Planning Act, or this Act or under any regulation made therein. Any service for the supply of water and electricity which was provided following the issue of a compliance certificate which is subsequently revoked by the Authority due to irregularities contained in such certificate, shall be suspended at the request of the Authority.
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(3)In any of the circumstances in which the Authority may serve an enforcement notice under any of the provisions of this Act, t h e M i n i s t e r s h a l l , i n c o n s u l t a t i o n w i t h t h e A u t h o r i t y, b y regulations under this article, provide that such a notice is registered with the Land Registry and served on the Director of the Public Registry of Malta in the case of land situated in the Island of Malta and on the Director of the Public Registry of Gozo in the case of land situated in Gozo. Without prejudice to the generality of the foregoing, such regulations may prescribe the procedures to be used by the Authority in making such a registration.
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PART X
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Offences.
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Offences
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Art. 103
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103.(1) Any person who (a) carries out any development on any land or allows any development to be carried out on land of which he is an owner or occupier without a valid development permission, or, if the development is carried out with a development permission, fails to comply or to cause compliance with any condition, restriction or other limitation to which the permission is subject; or (b) acts in contravention of any of the provisions of articles 57 and 58 in respect of any scheduled property or an emergency conservation order; or (c) having been served with an enforcement notice or other notice under articles 56, 97, 98 or 99 fails to comply with any of the requirements of such notice within the time therein specified; or (d) hinders, obstructs, molests or interferes with, or attempts to hinder, obstruct, molest or interfere with, any officer or employee of the Authority, or any police or army officer, or any public officer, or any employee or servant of any department of Government or of any agency of Government or of any local council, in the execution of his duties under the law, or fails to comply with any reasonable requirement demanded of him by any such person as aforesaid or otherwise fails to assist him in the carrying out of the said duties, or DEVELOPMENT PLANNING knowingly furnishes such person with false information or neglects or refuses to give any information required for the purpose aforesaid; or (e) makes a declaration for any of the purposes of this Act which is false, misleading or incorrect in any material respect, shall be guilty of an offence against this Act and shall be liable, on conviction, to a fine (multa) of not less than one thousand five hundred euro (€1,500) and not exceeding one hundred thousand euro (€100,000), and in respect of an offence under paragraph (d) or, in the case of an offence under paragraph (c), if the offender persists in the offence for more than three months, also to imprisonment for a term of not less than three months and not exceeding three years:
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Provided that, and without prejudice to the provisions of articles 57(9) and 100(4) and without prejudice to the maximum fine above established, the minimum fine (multa) to which an offender is liable under this article shall not be less than the value of any work carried out without permission or in violation of any conditions to which such permission was subject.
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(2)The Court, besides awarding the punishment referred to in sub-article (1), shall order the offender to remove the causes of the offence and to undo anything which was done without a permission or to comply with the conditions imposed in the permission, as the case may be, within a time sufficient for the purpose, but in any case not exceeding three months from the date of the judgement, to be fixed by the court; and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (multa) of not less than fifty euro (€50) and not more than one hundred euro (€100), as the court may fix, for every day the default continues after the expiration of the said time and may also order the modification, suspension or revocation of any authorisation or permission.
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(3)Any person who is convicted of an offence under this article may also, at the request of the prosecution, be disqualified from signing and submitting to the Authority, for a period not exceeding two years from the date of conviction for the offence, certificates of compliance or fire safety certificates, or any other certificate required in accordance with this Act or any other regulations made thereunder and, accordingly, the Authority shall not accept certificates for registration which are signed by a person while so disqualified.
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(4)Proceedings against any person for any offence as is mentioned in sub-article (1) shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, as courts of criminal judicature in accordance with the provisions of the Criminal Code:
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Provided that, notwithstanding the provisions of article 376(1)(b) of the Criminal Code, the court shall, at the request of the prosecution or of the accused, take down evidence given by the witnesses in the manner provided for either in article 390(6) of the DEVELOPMENT PLANNING said Code or in any law for the time being in force.
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(5)The filing of an application intended to regularise any illegal development or activity to which a prosecution refers, and the filing of an appeal against a refusal of such an application, shall not be a bar to the continuation of such a prosecution and the court shall continue to hear such a case and shall give judgement and shall issue an order in terms of sub-article (2) as if such an application or such an appeal had never been filed:
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Provided that where such an activity or development has been regularised no fine (multa) under sub-article (2) shall be due in respect of the time after the development has been regularised.
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(6)(a) Without prejudice to any other provisions of this Act, or other provisions or regulations, made under this Act, which the Authority is entitled to enforce, the Authority shall have the power to impose in respect of any person who infringes any provision of this Act or of any regulations made thereunder, or who fails to comply with any directive or decision given by the Authority, whether under this Act, or regulations prescribed thereunder, or under any other law which the Authority is entitled to enforce, an administrative fine using such procedures as established in this Act or regulations made thereunder. (b) An administrative fine imposed shall not, unless provided otherwise by or under this Act, exceed two hundred thousand euro (€200,000), and two thousand euro (€2,000) each day, in the case where the infringement persists:
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Provided that all the fines provided for in this article shall be due to the Government as a civil debt and following the service of a judicial act, in terms of article 466 of the Code of Organization and Civil Procedure.
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Certified copies of certain documents.
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Art. 104
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104.In any proceeding or prosecution under this Act, a copy of any order, notice, decision or other document purporting to have been made under this Act and purporting to have been signed by the Executive Chairperson, shall be accepted as evidence of the order, notice, decision or other document, and of the facts appearing therein, without further proof.
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Special compromise procedure.
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Art. 105
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105.(1) Notwithstanding any other law providing for the trial and punishment of offences, where the Executive Council believes that a person has committed an offence against this Act, other than an offence under article 103(1)(d), the Executive Council may give notice in writing to such person describing the offence of which the person is accused, indicating the steps to be taken to remedy the offence and a compromise fine which he is required to pay in respect of that offence:
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Provided that the Executive Council may not require the payment of a compromise fine higher than fifty thousand euro (€50,000).
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DEVELOPMENT PLANNING
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(2)Where a notice under this article has been given, the person named in the notice may, within sixty days of the service of the notice, accept responsibility in writing for the offence specified in the notice and within the same period, remedy the offence, and pay or undertake in writing to pay the fine indicated in the notice or such other compromise fine as the Executive Council may accept in lieu, and in any such case: (a) the person named in the notice shall be deemed to have committed the offence and to have admitted his guilt in respect thereof, and the compromise fine paid, or agreed to be paid, shall be the penalty to which he becomes liable to pay; (b) if the offence is remedied to the satisfaction of the Executive Council and the compromise fine is paid within the period, no further proceedings may be taken against the said person in respect of the same facts:
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Provided that the agreement to pay the compromise fine shall not extinguish any civil liability to make good any damages to any person or authority and any liability arising under article 103(2); (c) if the compromise fine is not paid within the aforesaid period, it shall be treated as if it were a penalty ordered to be paid by a court and proceedings may be taken accordingly to recover the same as a civil debt due to the Authority.
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(3)Where the person to whom notice is given under sub-article
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(1)does not accept or, having accepted such responsibility, fails to remedy the offence within the time aforesaid, and even if he has paid the compromise fine, ordinary criminal proceedings may be taken against him in accordance with the provisions of law applicable to the offence.
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DEVELOPMENT PLANNING DEVELOPMENT PLANNING DEVELOPMENT PLANNING DEVELOPMENT PLANNING DEVELOPMENT PLANNING DEVELOPMENT PLANNING Amended by:
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L.N. 109 of 2020.
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DEVELOPMENT PLANNING FIRST SCHEDULE Provisions with respect to the Executive Council 1.
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The provisions of this schedule regulate the procedures to be used by the Executive Council.
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2.
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Subject to the provisions of this Act, including this Schedule, the Executive Council may regulate its own procedure. It may also convene and conduct meetings using such electronic or other viable means of communication as it deems appropriate, in which case any reference in this Schedule to a quorum or any reference made to presence of or voting by the member of the Executive Council at the meeting, shall be construed accordingly, and any such meeting held by using electronic or other viable means of communication shall have the same effect at law as a meeting held without such means.
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3.
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When the Executive Council is considering plans and policies, the spatial strategy for environment and development, subsidiary plans and policies, and the making of orders as regulated under Part V of this Act, the following procedure shall be observed: (a) The quorum shall consist of the Executive Chairperson or acting Executive Chairperson and at least three other members of the Council. (b) The Executive Chairperson, or the acting Executive Chairperson acting in his place, shall have an original vote and in the case of a tie a casting vote. All members of the Executive Council except those having observatory status present at the meetings shall cast their vote in favour or against any motion put to the vote. Decisions shall be adopted by a simple majority of the votes of the members present and voting. (c) Without prejudice to the provisions of article 13, a member of the Executive Council who has a direct or indirect interest in any matter coming before the Executive Council for consideration shall, not later than the first meeting held after the relevant circumstances have come to his knowledge, disclose the nature of his interest. Such disclosure shall be recorded in the minutes of the meeting and the member: (i) shall not take part in any discussions or decisions of the Executive Council with respect to that matter; and (ii) shall be disregarded for the purpose of constituting a quorum for any such discussions or decisions. (d) All acts done by any person in good faith as a member of the Executive Council shall be valid and effective as if he were a member even if some defect in his qualification for appointment is subsequently discovered. (e) The Executive Council may not delegate to the Executive Chairperson or any of its members, the power to endorse any documents or plans relating to any matter under its consideration. (f) The meetings of the Executive Council shall be open to the public when the Executive Council is considering a planning control application in terms of article 54(1), (2) and (3), descheduling and requests for reconsideration of scheduling in terms of article 57(10), and the Executive Council shall allow the applicant or the owner (in the case of requests for reconsideration from scheduling) and his representative, or any one of them, and any interested third party who made representations in DEVELOPMENT PLANNING accordance with the provisions of any regulations made under article 54(3), to make submissions on any matter under consideration. The Executive Chairperson, at his absolute discretion, may also allow any
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other member of the public to make submissions, subject to the power of the Executive Chairperson to exclude any member of the public if he deems it necessary so to do for the maintenance of order and to limit the participation of the applicant and his representative or of the interested third party who made representations in accordance with the provisions of any regulations made under article 54(3) or the public as he may deem appropriate:
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Provided that for such meetings in which the Executive Council is to consider a planning control application in terms of article 54(1), (2) and
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(3), descheduling or a request for reconsideration of scheduling in terms of article 57(10), the Executive Chairperson may, where he deems appropriate, convene and conduct the meeting of the Executive Council through such electronic or other viable means of communication as he deems appropriate. In such case, and subject to the powers of the Executive Chairperson in accordance with the foregoing paragraph, the applicant or the owner (in the case of requests for reconsideration from scheduling) and his representative, or any one of them, any interested third party who made representations in accordance with the provisions of any regulations made under article 54(3), or any member of the public who, in the absolute discretion of the Executive Chairperson, is allowed to make submissions, shall be allowed to make submissions through such electronic or other viable means. The Executive Chairperson may take all such measures, deemed appropriate in his discretion, to ensure the proper conduct of the meeting by electronic or other viable means:
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Provided further that, in order to allow a member of the public to participate in any such meeting held through electronic or other viable means of communication as aforesaid, the Executive Chairperson may, through a notice posted on the electronic portal of the Planning Authority, require that anyone interested in participating in the said meeting, to register such interest, in the manner therein indicated, at least one working day before the date of the meeting, in order to enable the Executive Chairperson to take any measure he deems appropriate to allow the participation of the member of the public. Nothing in this paragraph shall be interpreted as voiding or annulling the procedure or parts thereof, including any decision taken by the Executive Council, should any member of the public fail to participate in the proceedings, wherever allowed to do so, due to the failure of the electronic or other means used to conduct the meeting or his inability to do so:
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Provided further that in the event that the Executive Council conducts any such meeting of the Executive Council through such electronic or other viable means of communication, any reference in this Schedule to a quorum or any reference made to presence of or voting by the members of the Executive Council at the meeting shall be construed accordingly:
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Provided further that any such meeting of the Executive Council held through electronic or other viable means of communication in accordance with this paragraph shall have the same effect at law as if the said meeting was not held through such means.
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DEVELOPMENT PLANNING (g) Where the Executive Council votes against a recommendation, if any, made by the Executive Chairperson, the Executive Council shall register in the relevant file the specific planning reasons adduced by it justifying the overturning of such recommendation. (h) Meetings of the Executive Council on the contents of a planning control application to the Executive Council, may also not be held in public but votes may not be taken. (i) Subject to the provisions of this Act, including this Schedule, the Executive Council may regulate its own procedure.
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Amended by:
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L.N. 109 of 2020.
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SECOND SCHEDULE Provisions with respect to the Planning Board and the Planning Commissions 1.
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The provisions of this Schedule regulate the procedures to be used by the Planning Board and the Planning Commissions. For the purposes of this Schedule, wherever the word \"Planning Board\" is used, it is to be construed as to include the Planning Commissions, unless the context otherwise requires.
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2.
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The Planning Board may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the meeting.
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3.
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The quorum of the Planning Board shall consist of the Chairperson or deputy Chairperson and not less than half the number of the other members constituting the Planning Board, at the time of the meeting.
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4.
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The meetings of the Planning Board shall be called by the Chairperson either on his own initiative or at the request of any two members of the Planning Board, and the Planning Board shall also meet at such times as it may itself decide.
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5.
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The Chairperson, or the deputy Chairperson acting in his place, shall have an original vote, and where the votes are equally divided, a second or casting vote.
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All members of the Planning Board present at its meetings shall cast their vote in favour or against any motion put to the vote. Decisions shall be adopted by a simple majority of the votes of the members present and voting.
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6.
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Without prejudice to the provisions of article 13, a member of the Planning Board who has a direct or indirect interest in any matter coming before the Planning Board for consideration shall, not later than the first meeting held after the relevant circumstances have come to his knowledge, disclose the nature of his interest. Such disclosure shall be recorded in the minutes of the meeting and the member: (a) shall not take part in any discussions or decisions of the Planning Board with respect to that matter; and (b) shall be disregarded for the purpose of constituting a quorum for any such discussions or decisions.
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7.
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All acts done by any person in good faith as a member of the Planning Board shall be valid and effective as if he were a member even if some defect in his qualification for appointment is subsequently discovered.
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8.
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Subject to the provisions of this Act, including this Schedule, the Planning DEVELOPMENT PLANNING Board may regulate its own procedure.
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9.
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The meetings of the Planning Board shall be open to the public, and the Planning Board shall allow the applicant and his representative, or any one of them, and an interested third party who made representations in accordance with the provisions of article 71(6), to make submissions on any matter under consideration.
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The Chairperson, at his absolute discretion, may also allow any other member of the public to make submissions, subject to the power of the Chairperson to exclude any member of the public if he deems it necessary so to do for the maintenance of order and to limit the participation of the applicant and his representative or of the interested third party who made representations in accordance with the provisions of article 71(6) or the public as he may deem appropriate:
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Provided that the Chairperson may, where he deems appropriate, convene and conduct the meeting of the Planning Board through such electronic or other viable means of communication as he deems appropriate, in which case, the applicant and his representative, or any of them, and an interested third party who made representations in accordance with the provisions of article 71(6), and any member of the public who, in the absolute discretion of the Chairperson, is allowed to make submissions, shall be allowed to make submissions through such electronic or other viable means. The Chairperson may take all such measures, deemed appropriate in his discretion, to ensure the proper conduct of the meeting by electronic or other viable means:
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Provided further that, in order to allow a member of the public to participate in the meeting held through electronic or other viable means of communication as aforesaid, the Chairperson may, through a notice posted on the electronic portal of the Planning Authority, require that anyone interested in participating in the said meeting, to register such interest, in the manner therein indicated, at least one working day before the date of the meeting, in order to enable the Chairperson to take any measure he deems appropriate to allow the participation of the member of the public.
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Nothing in this paragraph shall be interpreted as voiding or annulling the procedure or parts thereof, including any decision taken by the Planning Board, should any member of the public fail to participate in the proceedings, wherever allowed to do so, due to the failure of the electronic or other viable means used to conduct the meeting or his inability to do so:
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Provided further that in the event that the Planning Board conducts the meeting of the Planning Board through electronic or other viable means of communication, any reference in this Schedule to a quorum or any reference made to presence of or voting by the members of the Planning Board at the meeting shall be construed accordingly:
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Provided further that meetings of the Planning Board held through electronic or other viable means of communication in accordance with this paragraph shall have the same effect at law as if the said meetings were not held through such means.
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10.Where the Planning Board votes against a recommendation, if any, made by the Executive Chairperson, the Planning Board shall register in the relevant file the specific planning reasons adduced by it justifying the overturning of such recommendation:
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Provided that the Planning Board may also delegate to the Chairperson or any of its members, the power to endorse any documents or plans relating to any matter under its consideration.
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DEVELOPMENT PLANNING 11. Meetings of the Planning Board where the Executive Chairperson is providing information on the contents of a development application to the Planning Board, may also not be held in public but votes may not be taken.
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THIRD SCHEDULE The Standing Committee on the Environment and Development Planning The plans and policies that shall be referred to the Standing Committee in accordance with the provisions of article 60 are: (a) those plans and policies which refer to the land situated outside the development zones as defined in the Spatial Strategy or in any other plan; (b) those plans and policies which exclusively regulate height limitations and restrictions thereon; (c) local plans, excluding minor amendments to such plans; (d) policies relating to and regulating compliance certificates.
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FOURTH SCHEDULE List of observatory members of the Executive Council (i) National Commission Persons with Disability (KNPD); (ii) The Superintendent of Cultural Heritage; (iii) Occupational Health and Safety Authority; (iv) Transport Malta; (v) Malta Tourism Authority; (vi) Water Services Corporation; (vii) Civil Protection Department; (viii) Enemalta Corporation; (ix) Any other government department, entity, authority and any other nongovernment entity indicated by the Minister from time to time.