Chapter 504

In short

This law, called the Environment and Development Planning Act, aims to protect the environment and manage development through planning. It establishes an authority with powers to achieve these goals.

What it regulates

The protection of the environment.
The planning and management of development.
The establishment and powers of an authority for environment and development planning.
Matters connected to or ancillary to environmental protection and development planning.

Who it concerns

Any person involved in development or activities affecting the environment.
The Government, through its agencies and the Minister responsible for the environment.

Key points

The Act defines "environment" broadly, including air, water, land, atmosphere, organic and inorganic matter, living organisms, ecosystems, and landscape.
"Development permission" is required for carrying out development, granted by the Authority.
"Pollution" is defined as the direct or indirect introduction by man or natural processes of substances, organisms, genetic material, or energy that cause or are likely to cause harm to human health, living resources, ecosystems, or damage amenities.
The "precautionary principle" is a guiding principle, meaning measures are taken to protect the environment and ensure sustainable management even without absolute scientific proof.

Legal text

ENVIRONMENT AND DEVELOPMENT PLANNING ENVIRONMENT AND DEVELOPMENT PLANNING ACT ARRANGEMENT OF ACT Part I Part II Part III Part IV Part V Part VI Part VII Part VIII Preliminary Duty to Protect the Environment 1 Administration 2 Committees, Commissions, Boards and Tribunals 3 Common Provisions Environment and Development Planning 1 Plans and policies 2 Strategic Plan for the Environment and Development 3 Subsidiary Plans and Policies 4 Regulations and Orders 5 Environment and Development Brief Environment Protection and Development Control 1 Requirement of licences and permission 2 Revocation or modification of permission, licence or authorisation and Discontinuance or Removal Orders 3 Charges and contribution 4 Scheduling and Conservation Powers of the Authority and Enforcement of Control 1 Right of Entry 2 Enforcement of Control Offences Miscellaneous Articles 1-2 3-5 6 - 33 34 - 43 44 - 46 47 - 50 51 - 53 54 - 59 60 - 64 66 - 76 77 - 78 79 - 80 81 - 82 84 - 93 94 - 95 96 - 97 SCHEDULES First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Eighth Schedule Provisions with respect to the Authority and the Environment and Planning Commission Proceedings before the Environment and Planning Review Tribunal and appeals therefrom The Directorates of the Authority The Standing Committee on Environment and Development Planning The Registration Board Applications which fall under the provisions of article 70 ENVIRONMENT AND DEVELOPMENT PLANNING CHAPTER 504 ENVIRONMENT AND DEVELOPMENT PLANNING ACT To protect the environment, to make provision for the planning and management of development and for the establishment of an authority with powers to that effect and for matters connected therewith or ancillary thereto. 30th November, 2010* 31st December, 2010† 11th March, 2011‡ 17th February, 2012§ 31 March, 2014** ACT X of 2010, as amended by Legal Notices 57 of 2011 , 229 of 2012, 52 and 121 of 2013, and 223, 362 , 404 and 470 of

PART I Preliminary Short title. Interpretation. Amended by: L.N. 362 of
The short title of this Act is the Environment and Development Planning Act.
In this Act, unless the context otherwise requires: "advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, including any boarding or similar structure used or adapted for use for the display of advertisements; "agency of Government" means a body corporate established by law and a company in which the Government or such body corporate, or a combination thereof has a controlling interest or which is a subsidiary of such a company; "application" means a permission or licence application; "application report" means the final permission or licence application report; "the Authority" means the Malta Environment and Planning Authority established under article 6 and includes any body or other person acting on its behalf under powers delegated by the Authority under this Act, and the Minister may, by order in the Gazette, designate different bodies or persons as a competent authority for different provisions and different purposes of this Act or any regulations made thereunder; "biological diversity" or "biodiversity" means the variability *See article 1

(2)of the Act, as originally enacted, and Legal Notice 511 of 2010. †See article 1

(2)of the Act, as originally enacted, and Legal Notice 511 of 2010. ‡See article 1

(2)of the Act, as originally enacted, and Legal Notice 91 of 2011. §See article 1

(2)of the Act, as originally enacted, and Legal Notice 78 of 2012. **See article 1

(2)of the Act, as originally enacted, and Legal Notice 112 of 2014. ENVIRONMENT AND DEVELOPMENT PLANNING among living organisms from all sources, including inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, and includes diversity within species, between species and of ecosystems; "building" includes any structure or erection and any part of a building, but does not include plant or machinery comprised in a building; "building or work" includes waste materials, refuse and other matters deposited on land; "building operations" includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder; "the Chairman of the Board" means the Chairman of the Authority appointed in terms of article 6; "the Chief Executive Officer" means the officer appointed under the provisions of article 13; "conservation" in relation to environment protection means a series of measures required to maintain or restore the natural habitats and the population of species of wild fauna and flora at a favourable status and for cultural heritage means any activity required to maximize the endurance or minimize the deterioration of any cultural property as far as possible and includes examining, testing, treating, recording and preserving any such cultural property or any part thereof; "the Commission" means the Environment Planning Commission established under article 35; "derivatives" means parts of any specimen, whether processed by man or not; "development permission" means a permission to carry out development granted by the Authority either on an application in that behalf or in a development order; "discharge" includes emission, deposit, dumping, disposal, addition or introduction into the environment of a substance or energy, directly or indirectly from any point source or diffuse source, whether stationary or mobile, and whether caused or permitted intentionally or otherwise and whether continuous or intermittent or once only; "energy" includes all types of radiation forming part of the electromagnetic energy spectrum, or resulting from a nuclear source, as well as all vibrations and noise; "engineering operations" includes any physical changes to the land surface to the site topography, or the formation or laying out of roads and of means of access to roads; "environment" means the whole of the elements and conditions, natural or man made, existing on earth, whether together or in isolation, and in particular: (

a)the air, water and land; ENVIRONMENT AND DEVELOPMENT PLANNING (
b)all the layers of the atmosphere; (
c)all organic and inorganic matter and all living organisms; (
d)all ecosystems; and (
e)the landscape; "erection" in relation to buildings, includes extension, alteration and re-erection; "fauna" means all types of animals and other biota including akaryotes, prokaryotes and eukaryotes, dead or alive, in whole or in part and their derivatives; "flora" means all types of plants and other biota including akaryotes, prokaryotes and eukaryotes, dead or alive, in whole or in part and their derivatives; "functions" includes responsibilities, powers and duties; "genetically modified organism" means any of the following: (
a)an organism derived from the formation of a combination of genetic material by any means other than natural means; (
b)an organism inheriting such combination of genetic material; (
c)an organism that results from the replication of an organism as derived in paragraph (a); or (
d)such other organism as may be prescribed by the Minister under this Act; "land" includes a building; "local council" means a local council established under the Local Government Act; "minerals" includes all minerals and substances (including oil and natural gas) in or under land of a kind ordinarily worked for removal by underground or surface working; "the Minister" means the Minister responsible for the environment; "natural resources" means any component of nature and includes air, water, land, soils, minerals, energy, living organisms and genetic resources; "owner" means (
a)a person who in his own right or as agent for another is entitled to receive the rent of the land or, where the land is not let, would be so entitled if it were let; (
b)where the land is subject to usufruct, bare owner or usufructuary; (
c)an emphyteuta; (
d)any one of the spouses, where the land to which the development relates forms part of the community of acquests; ENVIRONMENT AND DEVELOPMENT PLANNING "plan" means a plan approved in accordance with the provisions of the Act; "policy" means a policy approved in accordance with the provisions of the Act; "pollution" means the direct or indirect introduction by man, or due to natural processes, into the environment of substances, organism, genetic material or energy that cause or are likely to cause hazard to human health, harm to living resources or to ecosystems, or damage to amenities, or interfere with other legitimate uses of the environment; "position statement" means a statement issued by either the Minister or the Authority in order to provide a detailed technical explanation justifying a position with respect to a specific planning issue; "precautionary principle" means the principle whereby appropriate measures are taken to protect the environment and to ensure sustainable management of natural resources in the absence of absolute or conclusive scientific proof of the need for such measures; "prescribed" means prescribed by regulation, rule, order or other instrument made as provided in the provisions of this Act empowering the making of any such instrument; "project of common interest" means a project necessary to implement the energy infrastructure priority corridors and areas set out in Annex I of Regulation (EU) No 347/2013 and which is part of the Union list of projects of common interest referred to in Article 3 of the said Regulation (EU) No 347/2013; "public officer" has the meaning assigned to it by article 124 of the Constitution; "road" means any highway or road, whether public or private, and includes any street, square, court, alley, lane, bridge, footway, passage or quay, whether thoroughfare or not; "scheduled buildings" has the meaning assigned to it by article 81; "specimen" means any species, whether alive or dead, any part or derivative thereof, and includes any goods which from an accompanying document, the packaging, mark or label or from other circumstances appear to be parts or derivatives of animals or plants; "Standing Committee" means the Standing Committee on Environment and Development Planning established in terms of article 34; "subsidiary plans" includes subject plans, local plans, action plans or management plans; "substances" means any matter, chemical, mixture, compound or product and including fuels, combinations of elements, mixtures or compounds of a chemical reaction, as well as the mixture of substances of different molecular identities; ENVIRONMENT AND DEVELOPMENT PLANNING "Temporary Provisions Schemes" means a planning scheme prepared and approved in accordance with the Building Permits (Temporary Provisions) Act*; "Tribunal" means the Environment and Planning Review Tribunal established under the provisions of article 40 of the Act; "use", in relation to land, does not include the use of land by the carrying out of any building, engineering, mining or other operations thereon; "waste" means any thing, substance or object which the holder discards or intends to discard, or is required to keep in order to discard, and includes such other thing, substance or object as the Minister may prescribe. Duty of every person to protect the environment. 3. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Duty of Government to protect the environment. 4. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Application of articles 3 and 4. 5. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Establishment of the Malta Environment and Planning Authority. 6. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Authority to be body corporate. 7. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Functions of the Authority. Amended by: L.N. 362 of 2014. 8. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Delegation of power. 9. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Appointment of advisory boards and committees. 10. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Conduct of the affairs of the Authority. 11. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Establishment of Directorates. 12. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Appointment of Chief Executive Officer. 13. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Other matters relating to officers of the Authority. 14. ((Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Staff appointments. 15. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). *repealed by Act I of 1992. ENVIRONMENT AND DEVELOPMENT PLANNING 16. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Disclosure of interests. 17. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Appointment and functions of officers and employees of the Authority. 18. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Detailing of public officers for duty with the Authority. 19. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Status of public officers detailed for duty with the Authority. 20. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Offer of permanent employment with the Authority to public officers detailed for duty with the Authority. 21. The Authority may engage such consultants or advisers, as it may consider necessary to assist it in the fulfilment of its functions. Engagement of consultants and advisers. 22. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Authority to meet expenditure out of revenue. 23. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Power to borrow or raise capital. 24. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Advances from Government. 25. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Borrowing from Government. 26. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Estimates of the Authority. 27. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Expenditure to be according to approved estimates. 28. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Publication of approved estimates. 29. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Accounts and audit. 30. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Deposit of revenues and payments by the Authority. 31. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Contracts of supply or works. 32. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Annual Report. 33. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Exemption from tax. ENVIRONMENT AND DEVELOPMENT PLANNING Standing Committee on Environment and Development Planning. 34. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Environment and Planning Commission. 35. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Establishment of the Users’ Committee. 36. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). The Heritage Advisory Committee. 37. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). The Environment Fund and other funds. 38. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Mediators. 39. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Environment and Planning Review Tribunal. 40. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Functions and procedures of the Tribunal. Amended by: L.N. 223 of 2014. 41.

(1)Subject to those articles which specifically exclude the right to appeal before the Tribunal, and to articles 81

(14), 82

(4)and 86, the Tribunal shall have jurisdiction to: (

a)hear and determine all appeals made by the applicant or a person aggrieved by a notice issued under the provisions of Part VI on any decision of the Authority on any matter of development control, including the enforcement of such control, or appeals made by any person on any decision of the Authority relating to environment protection, including environment assessments, access to environmental information and the prevention and remedying of environmental damage: Provided that the Authority shall not be construed as any person for the purposes of this paragraph; (
b)exercise such functions as are vested in it in terms of Articles 48, 49, 57, 58, 63 and 77 and hear and determine appeals made in terms of articles 42, 76, 77, 81, 91, 92 u 93 and such other functions assigned to it under the provisions of this Act; (
c)hear and determine an appeal lodged by an interested third party from a decision of the Authority on any matter of development control, provided that: (
i)such an appeal may only be made by an interested third party who had submitted written comments in terms of article 68

(4)when the application to carry out the development is published, (ii) no appeal shall lie by an interested third party from any development control decision concerning a development which is specifically ENVIRONMENT AND DEVELOPMENT PLANNING authorized in a development plan, (iii) a local council in whose locality the development is intended to be carried out shall always be deemed for all intents and purposes of law to be an interested third party provided that the said council has complied with the provisions of article 68

(4)and it is acting in the interests of the locality, (iv) the Government and any department, agency, authority or other body corporate wholly owned by the Government shall always be deemed for all intents and purposes of law to be an interested third party: Provided that the Authority shall not be construed as an interested third party for the purposes of this sub-paragraph.

(2)Unless otherwise provided under any provision of this Act, an appeal may be lodged before the Tribunal within thirty days from date of notification of the decision or order by the Authority.

(3)The Tribunal may, at the request of the appellant made concurrently with the application for the appeal, suspend through a partial decision, in whole or in part, the execution of any development or the operation of any installation, pending a decision being delivered by the said Tribunal, under those terms, conditions and other measures as it may deem fit: Provided that the application, with the exception of applications relating to developments or installations which relate to environmental impact assessment and, or integrated pollution prevention and control (‘IPPC’) matters, is not for a development which, in the opinion of the Minister is of strategic significance or of national interest, related to any obligation ensuing from a European Union act, affects national security or affects interests of other governments.

(4)In the cases referred to in sub-article

(3), the Tribunal shall hold its first hearing be within six working days from receipt of the appeal, and shall not suspend the execution of such a permit unless it is satisfied, after hearing all the parties, that unless the execution of the permit is suspended the prejudice that would be caused would be disproportionate when compared with the actual doing of the thing so permitted or if the request is deemed as frivolous or vexatious: Provided that the Tribunal shall justify the decision suspending the execution of the development and shall grant its final decision on the merits of the appeal within three months from the date of the first hearing of the appeal: Provided further that the suspension of the execution of such a permit may not be more than three months from the date of the first hearing of the Appeal before the Tribunal, and the suspension order shall be deemed to have elapsed ipso iure after the lapse of such a period. ENVIRONMENT AND DEVELOPMENT PLANNING

(5)In all other appeals, the first hearing of the Tribunal shall be held within three months from receipt of the appeal.

(6)The decisions of the Tribunal shall be final. An appeal by the appellant or any of the appellate parties to the appeal shall lie to the Court of Appeal constituted in terms of article 41

(9)of the Code of Organization and Civil Procedure from such decisions only on points of law decided by the Tribunal in its decision. An appeal from a partial decision of the Tribunal may only be filed together with an appeal from the final decision of the Tribunal. An appeal to the Court of Appeal (Inferior Jurisdiction) shall be submitted within twenty days from when the decision of the Tribunal is delivered in public and such an appeal shall be regulated by the rules of court made under article 29 of the Code of Organization and Civil Procedure.

(7)The decisions of the Tribunal shall be binding if they are supported by the opinion of two of its members, and the dissenting member, if any, may express his opinion separately; and all decisions of the Tribunal shall be delivered in public and shall be published as soon as practicable after the sitting at which they are given.

(8)Where a hearing is held by the Tribunal, other than in those cases referred to in sub-articles

(3)and

(4), advance notice of not less than fourteen days shall be given of the first sitting of the Tribunal to the parties, and those interested third parties who registered their interest during the processing of the application before the Authority, in such manner as the Tribunal may deem appropriate or as may be provided in the Second Schedule: Provided that in cases of urgency the said time limit of fourteen days may be abridged by order of the Tribunal if the Tribunal is satisfied that the party requesting urgency has given a valid reason in writing therefor.

(9)The sittings of the Tribunal shall be open to the public, subject to the power of the Tribunal to exclude any member of the public if it deems it necessary so to do for the maintenance of order.

(10)The Tribunal may require any department or agency of the Government to provide the Tribunal with such information or a d v i c e a s t h e Tr i b u n a l m a y d e e m n e c e s s a r y f o r t h e p r o p e r execution of its functions.

(11)Subject to the above and to article 74, appeals to the Tribunal and the conduct of the business of the Tribunal shall be made in accordance with the rules contained in the Second Schedule; and in the absence of such rules on any matter, the Tribunal may regulate its own procedure.

(12)Where judicial proceedings are instituted against the Tribunal before a court of civil jurisdiction, the Secretary shall represent the Tribunal in such proceedings; and, saving the provisions of article 46 of the Constitution and article 4 of the European Convention Act, no precautionary act may be issued against the Tribunal by any court. ENVIRONMENT AND DEVELOPMENT PLANNING

(13)The Tribunal, if it decides to grant a permission or licence may impose a penalty, the payment of fees and contributions and other conditions, which the Authority may impose when granting a permission or licence; and the Tribunal shall ensure that it complies with the provisions of article 69 in reviewing decisions of the Authority.

(14)When the Tribunal modifies a decision taken by the Authority and orders the issue of a permission or licence, or in any other manner changes the decision of the Authority, the Authority shall, unless an appeal has been lodged to the Court of Appeal (Inferior Jurisdiction) from the Tribunal’s decision, issue the permission or licence or comply with the decision of the Tribunal within one month from the Tribunal’s decision, or, if in the Tribunal’s decision a condition has been imposed or a penalty inflicted, within one month from compliance by the appellant with such condition or payment of such penalty inflicted by the Tribunal in its decision.

(15)Appeal proceedings before the Tribunal pursuant to subarticle

(1)shall be conducted in a timely manner, without undue delay, and shall not be prohibitively expensive.

(16)Appeal proceedings before the Court of Appeal pursuant to sub-article

(6)shall be concluded in a timely manner 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 Tariff E in Schedule A to the Code of Organization and Civil Procedure. 41A.

(1)Members of the public concerned having sufficient interest shall have access to a review procedure before the Tribunal to challenge the substantive or procedural legality of any decision, act or omission relating to a development or an installation which is subject to an environmental impact assessment (‘EIA’) or an integrated pollution prevention and control (‘IPPC’) permit. Access to review procedure. Added by: L.N. 223 of 2014.

(2)Such an appeal may be lodged before the Tribunal within thirty days from the date of notification of the final decision by the Authority: Provided that such an appeal may relate to or include an objection to any act or omission committed at any time during the process of the EIA or IPPC leading to the decision in question.

(3)For the purposes of sub-article

(1), the interest of any nongovernmental organisation promoting environmental protection and which is registered under the Voluntary Organisations Act shall be deemed sufficient.

(4)The provisions of article 41 shall, mutatis mutandis, apply to review procedures pursuant to this article. 42.

(1)There shall be a Registration Board whose function shall be to evaluate applications for registration in the Register of Consultants eligible to carry out environment assessments and other assessments.

(2)The Board shall be composed of a minimum of three The Registration Board. ENVIRONMENT AND DEVELOPMENT PLANNING members and a maximum of five members, one of whom shall be the Chairman and who shall be appointed by the Minister.

(3)The members of the Board shall be independent members and who are not involved in any way in the preparation of environmental or other assessments falling within the jurisdiction of the Board.

(4)The Board shall assess applications for such registrations and approve those that meet the requirements for registration. The Board shall give reasons for its decisions.

(5)The decision of the Board to grant or to refuse an application for registration in the Register kept by the Authority shall be notified in writing to the applicant without delay.

(6)The Board may direct the Authority to update the Register at such regular intervals as it may deem fit by the inclusion of other disciplines in the Register, which disciplines might have in the meantime evolved.

(7)The decisions of the Board shall be final. An appeal shall lie to the Tribunal only on the grounds that the Board has, in its decision, wrongly applied the provisions of this Act or any regulations issued thereunder, or the decision of the Board constitutes an abuse of discretion or is manifestly unfair, and without prejudice to the aforesaid, the discretion of the Board may not, so long as it has been exercised properly, be queried by the Tribunal. An appeal from a partial decision of the Board may only be filed together with an appeal from the final decision of the Board.

(8)The decision of the Board shall be binding if it is supported by the opinion of a majority of its members, and the dissenting member or members, if any, may express his opinion separately; and all decisions of the Board shall be delivered in public and shall be published as soon as practicable after the sitting at which they are given.

(9)The Minister may, after consultation with the Board, make regulations to give better effect to the provisions of this article and, without prejudice to the generality of the foregoing, he may: (

a)establish criteria that applicants are expected to meet in order to qualify for registration; (
b)establish the procedure to be followed by a Board; (
c)prescribe a tariff of fees for registration with the Board. Powers of the Registration Board. 43.

(1)The Registration Board may, out of its own motion, or at the request of the Authority, cancel any certificate granted under the provisions of article 42 or refuse any application for a renewal of the registration, when the holder of that certificate: (

a)is found guilty by a court of criminal jurisdiction of a crime being a crime committed through imprudence, carelessness, un-skillfulness in an art or profession, or non-observance of regulations; or ENVIRONMENT AND DEVELOPMENT PLANNING (
b)is found guilty by a court of criminal jurisdiction of any offence under the provisions of the Act or of any regulations made there under; or (
c)has, in the opinion of the Authority and the Board, submitted sub-standard or deliberately misleading work in an assessment; or (
d)has participated in the preparation of an assessment when he was not registered in the Register; or (
e)was the recipient of a certificate issued under the provisions of article 42 based on information given by the applicant which is false or misleading; or (
f)fails to pay the yearly renewal fee.

(2)Notwithstanding the provisions of sub-article

(1), the Board may opt for a suspension, rather than cancellation of the certificate, in the circumstances specified in sub-article

(1)(d) and (f).

(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 Board which period shall in no case be less than three years.

(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Members of the Authority, etc., to be deemed public officers for certain purposes.
(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Consultations.
(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Declaration of assets, code of conduct and publication of names. PART IV Environment and Development Planning
Plans and Policies
Without prejudice to the provisions of this Act, the effective management and planning of the environment and development shall be regulated by plans, policies and regulations, which are prepared and amended from time to time in accordance with the provisions of this Act. Plans, policies and regulations. 48.

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

(2)The Authority may also, either out of its own motion, but after consultation with the Minister, or if so requested by the Minister, review a plan or a policy which is already in force.

(3)The Minister shall, upon making such a request in writing, send to the Authority the reasons for making such a request together with a statement of goals and objectives to be attained by the plan or policy or a revision of such plan or policy. ENVIRONMENT AND DEVELOPMENT PLANNING

(4)The preparation and review of the structure plan shall be regulated by the provisions of articles 51 to 53 whereas the preparation or review of any other plan or policy shall be regulated by the provisions of article 58: Provided that the Minister may, without prejudice to the provisions of articles 51 to 53 and article 58, set out any additional procedure that the Authority ought to follow, including the carrying out of assessments, and may also carry out any assessments and, or consultations, including public consultations, he may deem necessary.

(5)If the Authority, upon a request by the Minister in terms of sub-article

(1), informs the Minister, within thirty days of receipt of such a request, that it is unable, for whatever reason, to prepare such a plan or policy, the Minister shall instruct the Authority to delegate such functions in terms of article 9 with regard to that particular plan or policy and in so doing it shall ensure that the provisions of this Part are complied with. Minister may request the preparation by any person of a plan, policy or revision thereof. 49.

(1)Where the Authority is unable to prepare a plan or policy or fails to delegate such function as is envisaged in article 48

(5), the Minister shall request any person, including any government agency, other than the Authority, to prepare on his behalf a plan or policy or a revision of such a plan or such policy.

(2)The Minister shall consult the Authority on the terms of reference which are to form the basis of the preparation of a plan or a policy or a revision of such plan or policy by the said person. The Minister shall then furnish the said person with the relative terms of reference and shall also indicate to the said person the documentation which shall be presented to the Minister when the plan, policy or a revision of such plan or policy is drawn up. On receipt of such documentation, the Minister shall forward a copy of such documentation to the Authority.

(3)The Minister shall also request the said person to comply with article 58

(2)(

a)and (
b)and, for the purposes of the said paragraphs, the expression "the Authority" shall be construed as a reference to the said person and such person shall revise, if necessary, the plan, policy or a revision thereof after taking into consideration the representations he may have received in terms of article 58

(2)(b).

(4)If the Authority agrees with such a plan, policy or revision thereof, it shall adopt it for submission to the Minister for his approval; and the provisions of article 58

(2)shall, mutatis mutandis, apply.

(5)If the Authority does not agree with the said plan, policy or revision of such plan or such policy, it shall draw up a position statement indicating the changes to be made to the said plan, policy or revision thereof and shall refer both the said plan, policy or revision of such plan or such policy and its position statement to the Minister; and the provisions of article 58

(2)(

i)to (
n)shall mutatis mutandis apply.

(6)The plan, policy or the revision of such plan or policy shall ENVIRONMENT AND DEVELOPMENT PLANNING only be prepared by or under the direction of an expert in the environment or spatial planning having such qualifications as the Minister may prescribe.

(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016).
The Strategic Plan for the Environment and Development 51.

(1)The Development: Strategic Plan for the Environment and (

a)is a strategic document regulating the sustainable management of land and sea resources; (
b)shall be based on an integrated planning system that ensures the sustainable management of land and sea resources together with the protection of the environment; (
c)must set out policies in relation to the development and use of land and sea and shall be illustrated by diagrams as necessary and accompanied by an explanatory memorandum giving a reasoned justification for each of the policies and proposals contained in the plan; (
d)must ensure that: (
i)plans, policies and programmes issued under this Act are spatial, holistic and comprehensive so that all factors in relation to land and sea resources and related environment conservation are addressed and included and to balance demands for development with socio-economic considerations and the need to protect the environment; (
ii)sectoral policies, activities and inputs are integrated and coordinated with each other, combining the inputs of all disciplines and groups; (iii) all actions are based on a clear understanding of the natural and legitimate objectives and needs of individual land users; (
iv)it follows other national policies and plans.

(2)The Authority shall monitor the Strategic Plan for the Environment and Development and review it as often as may be necessary, provided such review does not take place within a period of less than five years. Every such review shall be made in accordance with the goals and objectives of a revision of the Strategic Plan for the Environment and Development as may be approved by Cabinet and take effect as provided in the following provisions of this Part. In order to achieve the objectives set out in this article, Cabinet shall take the necessary measures intended to coordinate and improve the spatial impacts of other sectoral policies and their relation to, or inclusion in, the Strategic Plan for the Environment and Development. Strategic Environment Assessment and other assessments. The Strategic Plan for the Environment and Development and its preparation and review. ENVIRONMENT AND DEVELOPMENT PLANNING

(3)Notwithstanding the provisions of sub-article

(2), the Strategic Plan for the Environment and Development can be reviewed in parts as the need arises by means of a Resolution of the House of Representatives, and shall come into force in accordance with the following provisions of this Part. Such a partial review of the Strategic Plan for the Environment and Development shall not adversely affect a development permission validly issued in favour of any person before the date of the coming into force of such a review.

(4)Cabinet may approve a statement of goals and objectives to be achieved by a partial review of the Strategic Plan for the Environment and Development, and, or, a proposal together with a position statement with regard to that review. After such approval, the Minister shall send to the Authority that statement of goals and objectives, and, or, that proposal and position statement. When the Authority receives that statement of goals and objectives and, or, the proposal and position statement, it shall conform with the procedure laid down in sub-articles

(5)to

(7), if the matters referred to therein have not already been carried out, in the same manner as if the proposal had been initiated by the Authority; and the provisions of sub-article

(3)and of article 52 shall apply. If the Authority disagrees with the Minister ’s proposal or with his position statement, it shall prepare its position statement indicating the changes that it proposes or its reactions thereto. The Minister shall then conform with the provisions of article 53 and, for the purposes of article 52

(1), the expression "representations" shall include the Authority’s position statement.

(5)For the preparation or review of the Strategic Plan for the Environment and Development the Authority shall carry out surveys of those matters which affect the character and quality of the environment, its conservation and its development, including, but not limited to: (

a)demographic considerations; (
b)the agricultural, industrial, commercial, touristic and other existing and, or projected economic activities of the country including the employment patterns arising therefrom; (
c)leisure and recreation; (
d)social and community services and facilities; (
e)communications, traffic and transport; (
f)public utility services; (
g)the conservation and preservation of natural and manmade resources; (
h)the state of the environment report, nitrate vulnerable zone mapping, flood sensitivity mapping, other issues emanating from water, air quality and waste framework regulations; (
i)such other matters as may be required by the Government or which may be deemed necessary by the Authority. ENVIRONMENT AND DEVELOPMENT PLANNING

(6)In preparing or reviewing the Strategic Plan for the Environment and Development, the Authority shall have regard to: (

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

(5); (

e)the resources likely to be available for the implementation of the plan; (
f)all possible land and sea-use options in selecting the best use for a given area of land or sea.

(7)During the preparation or review of the Strategic Plan for the Environment and Development the Authority shall make known to the public the matters it intends to take into consideration and shall provide adequate opportunities for individuals and organisations to make representations to the Authority.

(8)A partial review of the Strategic Plan for the Environment and Development which is necessitated by the adoption of or an amendment to a subsidiary plan need not comply with the provisions of sub-articles

(5)and

(6)if the matters referred to therein and that are relevant to the partial review have already been carried out in the preparation of the subsidiary plan. 52.

(1)When the Strategic Plan for the Environment and Development or a review thereof has been completed, the Authority shall publish the plan together with a statement of the representations it has received and the responses it has made to those representations.

(2)The Authority shall invite representations on the plan to be submitted to it within a specified period of not less than six weeks.

(3)The Strategic Plan for the Environment and Development, or any review thereof, together with all representations made to the Authority, shall, as soon as practicable, after the expiry of the period specified in sub-article

(2), be referred to the Minister.

(4)The Minister may refer back the Strategic Plan for the Environment and Development, or review thereof to the Authority where he does not agree with the Strategic Plan for the Environment and Development, or any review thereof and he shall prepare a position statement stating the changes he proposes to it or his reactions to the Strategic Plan for the Environment and Development, or review thereof.

(5)Where the Strategic Plan for the Environment and Development, or any review thereof, has been referred back to the Authority, the same procedure as far as practicable shall be followed with respect to any further draft prepared and published by the Authority, except that reference back to the Authority shall not be made more than once. Publication of the strategic plan of the Environment and Development or its reviews. Final consideration and approval of plan or review. ENVIRONMENT AND DEVELOPMENT PLANNING 53.

(1)At the conclusion of the procedures set out in the foregoing provisions, the Strategic Plan for the Environment and Development, and any review thereof, shall be considered by the Cabinet of Ministers together with the Minister ’s position statement and the representations made with respect to the plan or its review.

(2)Subject to article 34

(2)(a),

(3)and

(4), the Minister shall then cause the Strategic Plan for the Environment and Development, or a review thereof as originally prepared, or as revised, by the Authority, together with the Minister’s position statement, to be laid before the House together with a motion for a resolution that the Strategic Plan for the Environment and Development, be approved by the House, with such amendments, if any, as may be specified in the resolution.

(3)The Strategic Plan for the Environment and Development, and any review thereof as approved by the House shall have effect as from such date as may be specified for that purpose by the Minister by order in the Gazette; and for the purposes of this Act, other than those provisions relative to the preparation, consideration and submission of the Strategic Plan for the Environment and Development, or its review, the expression Strategic Plan for the Environment and Development and any reference to a review thereof means the Strategic Plan for the Environment and Development, and any review thereof, as approved by the House of Representatives. 3. Subsidiary Plans and Policies Subject Plan. 54. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Local Plan. 55. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Action plan or management plan. 56.

(1)An action plan or a management plan is made by the Authority for an area where the Authority considers that it has to pay particular attention in order to better manage it or where special factors have to be taken into account which otherwise cannot be taken.

(2)plan. An action plan may form part, or be the whole of, a local

(3)In addition to the information required to be contained in a local plan, an action plan made in terms of sub-article

(1)(b) shall also show the land which is in public ownership and the land which is intended to be brought into public ownership. Other policies or plans. 57.

(1)Where the Authority considers that for the proper and effective management and protection of the environment and of development or for the proper protection and development of land and sea it is necessary to prepare more detailed policies or plans and guidance other than those already contained in a plan or policy, the Authority may prepare and adopt such policies or plans as it considers appropriate subject to the provisions of this article.

(2)Such policies or plans shall be in a form which the ENVIRONMENT AND DEVELOPMENT PLANNING Authority considers appropriate to the subject matter, and may be supported by such documents, assessments, maps, diagrams, drawings and illustrations as may be considered necessary by the Authority.

(3)When the Authority adopts a policy or plan (be it a new policy or plan or a revision of an existing policy or plan), it shall refer it to the Minister for his approval and t he procedure mentioned in article 58

(2)shall mutatis mutandis apply. 58.

(1)In the preparation or review of a subsidiary plan or policy, the procedure set out in this article shall be followed with respect to the said plan or policy.

(2)Where the Authority prepares a subsidiary plan or policy or review thereof as aforesaid, it shall seek the Minister’s approval in terms of the following procedure: (

a)during the preparation or review of a subsidiary plan or policy, the Authority shall make known to the public the matters it intends to take into consideration and shall provide adequate opportunities for individuals and organisations to make representations to the Authority; (
b)when the subsidiary plan or policy or a revision thereof has been prepared, the Authority shall publish the plan or policy together with a statement of the representations it has received and the responses it has made to those representations. The Authority shall invite representations on the plan or policy to be submitted to it within a specified period of not less than six weeks; where in such a subsidiary plan or revision thereof it is proposed that any land be excluded from a development boundary as indicated in a local plan, the Authority shall publish in the Gazette and in two local daily newspapers a notice showing the land that is to be excluded: Provided that where minor modifications not affecting the substance of a planning policy are being proposed, the said period shall be a period of not less than three weeks; (
c)the Authority shall adopt the subsidiary plan or policy after taking into consideration all the representations submitted to it as aforesaid; (
d)the Authority shall refer the subsidiary plan or policy to the Minister. It shall also forward to the Minister: (
i)the statement of representations; (
ii)the responses and amendments it has made as a result of those representations; (iii) a precise indication of all other amendments it has made to the plan or policy; and (
iv)all the relative documentation and studies in relation to the preparation of the subsidiary plan; Procedure for subsidiary plan and policies. ENVIRONMENT AND DEVELOPMENT PLANNING (
e)the Authority shall also publish the plan or policy and invite representations on the matters indicated in paragraph (d)(iii) to be submitted within a specified period of not less than six weeks; (
f)the Authority shall adopt the subsidiary plan or policy after taking into consideration all the representations submitted to it as aforesaid and shall refer the subsidiary plan or policy to the Minister for his approval. It shall also forward to the Minister: (
i)the statement of representations; (
ii)the responses and amendments it has made as a result of those representations; (
g)where the Minister agrees with the subsidiary plan he shall approve it as submitted by the Authority and the Authority shall upon such approval publish the same together with the statements, responses, documentation and studies referred to in paragraphs (
d)and (f); (
h)where the Minister does not agree with the subsidiary plan as adopted by the Authority in accordance with paragraph (f), he shall prepare a position statement stating his proposed changes or his reactions to the Authority’s subsidiary plan and shall refer back the subsidiary plan to the Authority together with his position statement; where in such a subsidiary plan or revision thereof it is proposed that any land be excluded from a development boundary as indicated in a local plan, the Authority shall publish in the Gazette and in two local daily newspapers a notice showing the land that is to be excluded; (
i)where the Authority does not agree with the Minister following the referral back to it of the subsidiary plan by the Minister, it shall draw up a position statement and shall refer it back to the Minister; (
j)the Minister shall then issue a final position statement. He shall forthwith communicate it to the Authority; (
k)the Authority shall forthwith amend the subsidiary plan in accordance with the Minister’s final position statement and submit the same for the Minister’s final approval; (
l)Upon such approval by the Minister, the Authority shall publish the subsidiary plan together with its own position statements and those of the Minister together with the advice of the Tribunal given in terms of paragraph (n), if any, and together with the statements, responses, documentation and studies referred to in the preceding paragraphs; (m)* where the subsidiary plan or any part thereof extends *this paragraph is not yet in force. ENVIRONMENT AND DEVELOPMENT PLANNING the scope of or is in conflict with the Strategic Plan for the Environment and Development, the Minister shall comply with the provisions of articles 51 to 53 with regard to such subsidiary plan or any part thereof, provided that those parts of the subsidiary plan that do not extend the scope of or are not in conflict with the Strategic Plan for the Environment and Development shall come into force on the date of approval by the Minister; (n)* if doubt arises as to which procedure should be followed in respect of a subsidiary plan or as to whether a subsidiary plan or a position statement extend the scope of, or are in conflict with, the substance of the structure plan, the matter may be referred at any time by the Authority or by the Minister to the Tribunal, provided that where the Authority is of the opinion that the Minister’s final position statement extends the scope of or is in conflict with the substance of the Strategic Plan for the Environment and Development, it may refer the matter to the Tribunal within one month from the date of receipt of the Minister’s final position statement. The Tribunal shall rule within one month from the date of referral to it of the matter as to which procedure shall apply and the decision of the Board shall be final. 59. †

(1)Every subsidiary plan or policy shall be reviewed as frequently as may be necessary or as may be made necessary by a review of the structure plan: Provided that subject to the provisions of sub-article

(3), a local plan may not be reviewed before the lapse of two years from its last review unless such review is necessitated by a review of the structure plan: Provided further that in the case of a partial review of the local plan, the above-mentioned two-year moratorium shall only apply to that part of the plan forming part of the partial review.

(2)Where as a result of such a review the Authority proposes to alter a plan or policy in any significant respect, or where it is proposed that a plan or policy be withdrawn, any such proposal shall be subject to the same procedures, and shall be treated, as a new plan or policy.

(3)Minor modifications not affecting the substance of a local plan may be carried out by the Authority at any time either on its own motion when it considers to do so in the interests of proper planning of the area or following a minor modifications application submitted to it by any person. Modifications shall not be considered to be minor when they would alter the general thrust of the plan or affect a development boundary indicated in a local plan.

(4)For the purpose of sub-article

(3), the following shall be *this paragraph is not yet in force. †this article is not yet in force. Review of Subsidiary Plan or policy. ENVIRONMENT AND DEVELOPMENT PLANNING considered to constitute minor modifications: (

a)changes in the alignment of roads and buildings in a local plan; and (
b)changes in zoning, other than: (
i)changes in height limitations; and (
ii)changes in zoning of a site which is not designated for the purpose of development.

(5)Where the Authority is considering a minor modification in terms of sub-article

(4)(a), the provisions of article 68 shall apply mutatis mutandis to such a modification.

(6)Where the Authority is considering a minor modification in terms of sub-article

(4)(b), it shall follow the following procedure: (a) where the proposal for such a minor modification originates from the Authority itself, it shall comply with the provisions of article 58

(2); (b) where the proposal for such a minor modification originates in a minor modifications application, the Authority shall publish such proposal and invite representations on the said application within a specified period of not less than six weeks. The Authority shall then decide the application after taking into consideration all representations submitted to it. The provisions of article 49

(4)and

(5)shall also apply.

(7)No appeal from a decision concerning modifications application shall lie to the Tribunal. a minor

Regulations and Orders Power to make regulations, etc., to include power to revoke etc..
(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Power to make regulations.
(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Procedure for making of regulations. 62.

(1)Regulations under this Act shall be made by the Minister after consultation with the Authority and except for regulations under article 61

(2)(a), (

b)and (
u)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 four weeks to make representations to the Minister or to the Authority or to both stating how in his opinion the proposed regulations could be improved to reach their ultimate aim.

(2)The provisions of sub-article

(1)with regard to consultation with the Authority and with regard to the publication of a draft of the regulations for public consultation shall not apply in respect to any regulations, which the Minister declares to be urgent or when a form of public consultation was carried out before the date of coming into force of this Act.

(3)Any person may, in the circumstances referred to in sub- ENVIRONMENT AND DEVELOPMENT PLANNING article

(1)in respect of draft regulations, not later than six weeks after the promulgation of any regulations made in accordance with sub-article

(2)make submissions to the Minister and, or to the Authority stating why and how the regulations should be revoked or amended.

(4)The Authority shall consider any representations made to it under sub-articles

(1)and

(3)and shall report thereon, after hearing such persons or taking such expert advice as it considers expedient, to the Minister together with any other views it may have on the draft published under sub-article

(1)or the regulations made under sub-article

(2), and the Minister may, upon receipt of the report by the Authority and any representations received by him, proceed to revise the draft regulations and to promulgate such regulations in accordance with such revision, or to amend any regulations already promulgated; provided that where the Authority has not after the lapse of four weeks after the end of the period for representation referred to in sub-article

(1)has elapsed, not made the report or has not given its views to the Minister, the Minister may proceed to promulgate the regulations contained in the draft with or without changes as he may deem expedient, without prejudice to the possibility of making any changes upon the receipt of such report and views when made.

(5)When the Minister makes regulations concerning the procedure before the Authority or any board, commission or other body established under this Act, he shall also consult the Authority or such board, commission or body: Provided that regulations concerning the procedure before the Court of Appeal and appeals before it under this Act shall be made by the Minister responsible for Justice who shall not be required to consult with the Authority: Provided further that regulations concerning the establishment or variation of any fee shall be made by the Minister with the concurrence of the Minister responsible for finance. 63. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Orders. 64.

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

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

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

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

a)of all applications for a licence or development permission received by it containing the name of the applicant and details of the proposal including documents and detailed plans; and (
b)of all decisions including documents and detailed plans made on such applications. 5. Environment and Development Brief Environment and Development Brief. 65.

(1)An Environment and Development Brief is a document setting out detailed planning guidance for the development of a specific site or small area where the Authority, either of its own motion, or at the request of an applicant, considers such guidance is necessary to secure proper and orderly environmental management or development of that site or area, or to implement a policy or policies in a plan.

(2)A brief shall consist of a written statement supported by such maps and diagrams as may be considered necessary.

(3)A brief shall contain guidance and information on the following matters as may be considered necessary: (

a)a description of the site and its location; (
b)guidelines on the development of the site, including: (
i)land uses and site layout, (
ii)building form, heights and design, (iii) any building and landscape features to be retained, (
iv)access, parking and circulation requirements, (
v)landscaping and nature conservation aspects; (
c)environmental matters and constraints including the necessity of any environmental assessment; (
d)tenure of the site; (
e)services and infrastructure; (
f)the format and content of submission requirements; (
g)any other information which may be relevant to the site and to the purpose of the development brief.

(4)The Minister may, after consultation with the Authority, make regulations to give better effect to the provisions of this article and, without prejudice to the generality of the foregoing, he may: (

a)establish the procedure to be followed by an authority in its consideration and determination of the Brief; ENVIRONMENT AND DEVELOPMENT PLANNING (
b)prescribe those matters on which a brief may be prepared; (
c)prescribe a tariff of fees. PART V Environment Protection and Development Control 1. Requirement of licences and permission 66. No person shall carry out any of the following activities unless he is in possession of a licence from the Authority: (
a)in relation to biodiversity: (
i)for whatever purpose, trade in, sell, buy, exchange, transfer or dispose, transport, import, export or re-export such specimens of flora or fauna, as may be prescribed whether dead or alive in whole or in part, including any derivatives thereof; (
ii)have such specimens of flora or fauna as may be prescribed in transit; (iii) have in his possession such specimens of flora or fauna as may be prescribed; (
iv)handle such specimens of flora and fauna as may be prescribed, in any manner including the ringing and tagging thereof; (
v)mount/stuff, trap, shoot or capture such specimens of fauna as may be prescribed; (
vi)deliberately pick, collect, cut, destroy, kill, pursue, take, damage, capture such specimens of flora or fauna as may be prescribed; (vii) uproot, fell, prune or carry out any surgical interventions on such specimens of flora as may be prescribed; (viii) use prohibited means of capture and killing as may be prescribed; (
ix)manage invasive and alien species as may be prescribed; (
x)introduce or reintroduce species as may be prescribed; (
xi)carry out activities in protected areas considered to have an effect on biological diversity and the integrity of the site; (xii) carry out any activity which goes counter to the principles of ecological restoration or species and protected area management, as may be prescribed, including but not limited to: 1. activities which are expected to cause permanent alterations to the protected area, 2. afforestation or planting, Licences. ENVIRONMENT AND DEVELOPMENT PLANNING 3. activities expected to generate noise and light, 4. activities involving fires/fireworks, 5. activities considered to have an effect on biological diversity, 6. off-roading activities or events; (xiii) modify, endanger the stability of or demolish rural structures affording a habitat for flora and fauna as may be prescribed; (xiv) manage biological diversity as may be prescribed; (
b)in relation to waste management: (
i)store, treat, collect, transfer, recover or otherwise manage or handle such waste as may be prescribed; (
ii)act as broker for the carrying out of the functions mentioned in sub-paragraph (i); (iii) trade in, import or export waste; (
iv)have such waste as may be prescribed in transit; (
v)operate waste management facilities; (
c)in relation to pollution control, conduct operations that discharge or cause or permit to be discharged such substance or energy as may be prescribed into the environment; (
d)in relation to genetically modified organisms: (
i)trade in genetically modified organisms; (
ii)manage or otherwise have in his possession genetically modified organisms; (
e)in relation to any other activity as may be prescribed by regulations. Development to require permission. 67.

(1)Subject to the provisions of this article and to the following provisions of this Part, no development shall be carried out except with development permission.

(2)For the purposes of this article, and, unless the context otherwise requires, for all other purposes in this Act, "development" means the carrying out of building, engineering, quarrying, mining or other operations for the construction, demolition or alterations in, on, over, or under any land or the sea, the placing of advertisements, or the making of any material change in use of land or building other than: (

a)maintenance operations, which affect only the interior of a building or do not materially affect the external appearance of the building: Provided that such maintenance works are not contrary to any order made under this Act in relation to the building: Provided further that maintenance operations shall not ENVIRONMENT AND DEVELOPMENT PLANNING include demolition and rebuilding works, irrespective of where such demolition and rebuilding works are carried out; (
b)the use of land for agriculture, animal husbandry and forestry (including afforestation), except where such use consists of: (
i)the erection of buildings or amounts to intensive raising of crops or animals; or (
ii)the reclamation of land for agriculture by the deposit of material on such land; or (iii) the conversion to agricultural use of land which is not currently used for agricultural purposes; and (
c)in the case of buildings or other land that are used for a purpose of any class specified in an order made by the Authority under this Act, the use thereof for any other purpose of the same Class.

(3)For the purpose of this article: (

a)the use of a building resulting in an increase or a reduction in the number of dwelling units in which the building was previously used; or (
b)the deposit of materials on land; or (
c)the use for the display of advertisements of any external part of a building that is not normally used for the purpose, involves a material change in the use of that building or land, or part thereof, without prejudice, in the case of advertisements, to any regulations or order made under this Act with respect to their control.

(4)For the purpose of this article, development includes clearing of valleys from accumulated sediment and development in relation to the sea includes land reclamation from the sea, aquaculture and beach developments and their related uses. 68. (Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Application for licences and permission. 69.

(1)In its determination upon an application the Authority shall: Licence and permits. (

a)with respect to an application for a development permission apply the following: (
i)plans: Provided that the height limitation may only be modified by applying a policy which deals with the maximum building height which may be permitted on a site, which policy may take into consideration the site coverage, the building volume which may be permitted on a site or any other material consideration; ENVIRONMENT AND DEVELOPMENT PLANNING (
ii)policies: Provided that subsidiary plans and policies shall not be applied retroactively so as to adversely affect vested rights arising from a valid development permission; (
b)with respect to any other application apply such plans, policies and regulations issued under this Act as it may deem relevant and appropriate.

(2)In its determination upon an application the Authority shall also have regard to: (

a)any other material consideration, including, environmental, aesthetic and sanitary considerations, which the Authority may deem relevant: Provided that no such material consideration including commitment from other buildings in the surroundings may be interpreted or used to increase the height limitation set out in a plan; (
b)representations made in response to the publication of the development proposal.

(3)The Authority shall have power to grant or to refuse a licence or development permission, and in granting such licence or permission the Authority shall be entitled to impose such condition which it may deem appropriate: Provided that upon a refusal or the imposition of particular conditions, the Authority shall give specific reasons based on existing plans, policies and regulations or other material considerations for such refusal or for any particular conditions that may have been imposed: Provided further that the execution and validity of a permit in case of a development mentioned in the Seventh Schedule shall be automatically suspended and no works as approved by the said development permit may commence before the lapse of the time period established in paragraph

(1)of the Second Schedule, and shall remain so suspended until the Tribunal appoints its first hearing on an appeal from such a permit, if any, under the provisions of article 41

(3), and this without prejudice to the provisions of article 41

(3).

(4)A licence or a development permission may be granted for a limited period or in perpetuity, but shall in all cases cease to be operative if activity or development has not been completed within five years of its issue, provided that the Authority may, on the application of the person holding the licence or development permission, extend the said licence or permission to such further period or periods as it may consider reasonable.

(5)In granting a licence or development permission, the Authority may require the activity or development to be completed within a specified period of time as it may establish provided that the Authority shall state the reasons justifying such requirement.

(6)Except as may be otherwise provided in the permission, a ENVIRONMENT AND DEVELOPMENT PLANNING development permission shall ensure for the benefit of the land and for all persons for the time being interested therein, but without prejudice to the other provisions of this Act affecting its validity or operation. The permission shall automatically pass on to new owners.

(7)In granting a licence or development permission, the Authority may require the applicant to carry out the activity or development in stages. The Authority shall inform the applicant in the said licence or permission which are the said stages and, following the completion of each stage, the applicant shall request the Authority to carry out an inspection of the activity or works carried out; and, if following such an inspection, it is found that the activity or works have been carried out in terms of the licence or development permission, the Authority shall authorize the applicant to carry out the next stage of the activity or development.

(8)Where the Authority, in the case of major projects, considers it appropriate to closely monitor specific conditions in a licence or development permission by appointing a person competent for the said purpose, it shall do so at the expense of the applicant.

(9)Without prejudice to the provisions of this article, where an application to develop land consists in the mining of minerals the Authority may, and, where planning and environmental standards so require, shall, require the applicant to provide a scheme for the treatment of the working and surrounding areas during the working period and for the treatment of the said areas when working is completed.

(10)The Authority shall not grant permission for the mining of minerals unless it is satisfied that planning and environmental standards will be met and the site will be kept and eventually left in acceptable conditions.

(11)Where the Authority has required a scheme to be submitted as provided in sub-article

(1), the scheme, as accepted by the Authority, shall be made a condition of any permission granted by it; and the Authority shall further require such guarantees to be given by the applicant as it deems necessary to ensure that the scheme will be adhered to. 70.

(1)In any case in which the Authority may under this Act grant permission to develop land, other than in the case of a development listed in the Sixth Schedule, 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: Provided that any application or permission under this subarticle shall not be processed or granted unless the applicant or his predecessor in title has: Supplementary provisions regarding permissions and licences. ENVIRONMENT AND DEVELOPMENT PLANNING (a) forthwith upon being required so to do, ceased to carry out any works he was required to interrupt; and (b) paid such fines or made such other payments as may be due on the site subject of the application.

(2)A permission under this article may be granted so as to take effect from the date on which the buildings or works were constructed or carried out or the use was commenced, or from the date the development permission ceased to be valid or operative, as the case may be.

(3)A development permission may specify the purposes for which a building may be used; and if no purpose is specified the permission shall be construed as including permission to use the building for the purpose for which it is designed.

(4)Where a development permission is given for a limited period only, nothing in this Act shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted, but no account shall be taken of any use made in contravention of this Act.

(5)The Authority may, prior to the issue of or in issuing a development permission or licence, demand from the person in whose favour the permission or licence will be issued, as a condition for the issue of the development permission or licence, to provide a bond in favour of the Authority in order to guarantee compliance with the conditions of the permission or licence once issued, or in order to guarantee payment in respect of damages which may be caused to the environment or to the infrastructure. The Authority may, after the issue of a development permission or licence, if the development or activity is not being carried out in accordance with the permission or licence, or is otherwise causing damage to the environment or the infrastructure, demand the said person in whose favour the permission or licence has been issued, as a condition for the continuance of the development permission or licence, to provide a bond in favour of the Authority in order to guarantee compliance with the conditions of the permission or licence, or in order to guarantee payment in respect of damages which may be caused to the environment or to the infrastructure: Provided that nothing in this sub-article shall be interpreted as authorizing the Authority to demand a bond in an amount not commensurate with the nature of the development project or activity: Provided further that such a bond may only be forfeited by the Authority if there is clear evidence that the applicant has not complied with the conditions of the development permission or licence and the reasons for forfeiting the bond shall be communicated in writing to the applicant. Decisions to be taken without delay. 71.

(1)Decisions on applications shall be taken without delay.

(2)The Minister may, after consultation with the Authority, make regulations to give better effect to the provisions of this ENVIRONMENT AND DEVELOPMENT PLANNING article and, without prejudice to the generality of the foregoing, he may: (

a)establish the procedures to be used by the Authority 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. 72. The Authority shall not delegate to the Commission or to any other body or person the determination of the following applications: Applications the decisions of which cannot be delegated. (
a)applications in respect of an activity or development of a national or strategic significance or affecting matters of national security or other national interests; (
b)applications in respect of and activity or development which could affect the interests of other governments; (
c)applications in respect of development which is subject to an environmental impact statement; (
d)requests for reconsideration where the decision to be reconsidered was taken by the Authority itself. 73.

(1)If an applicant considers that conditions imposed upon a licence or a development permission is unreasonable, he may, without prejudice to his right of appeal, request the Authority or the Commission, as the case may be, to reconsider such conditions. Reconsideration.

(2)A request for a reconsideration shall be made within thirty days from notification of the decision of the Authority or of the Commission, as the case may be, and may not be made concurrently with an appeal. The request for a reconsideration shall include a written document containing the reasons for such a request.

(3)The Authority shall inform the registered interested parties where a request for a reconsideration has been filed and the registered interested party shall be notified of the Authority’s sitting when such a request for a reconsideration shall be discussed.

(4)No reconsideration may be demanded by a registered interested party, even if such interested party has made written objections in accordance with the provisions of article 68

(4). 74.

(1)If an applicant considers that the conditions imposed upon a licence or a development permission, or a refusal of such an authorisation or permission, is unreasonable, he may lodge an appeal with the Tribunal under article 41. An appeal under this subarticle, shall be made within thirty days of notification of the decision of the Authority or of the Commission, as the case may be. The request for an appeal shall include a written document containing the reasons for such a request. Appeal. ENVIRONMENT AND DEVELOPMENT PLANNING

(2)Where a request for reconsideration has been made, an a p p e a l m a y b e m a d e t o t h e Tr i b u n a l w i t h i n t h i r t y d a y s o f notification of the decision taken in the reconsideration. Call in procedure. Amended by: L.N. 223 of 2014. 75.

(1)Where an appeal is lodged by an applicant or by an interested third party from any decision of the Authority 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 application to the Cabinet of Ministers for determination. Where the Minister does not decide to refer an application 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.

(2)The Minister may refer to the Cabinet of Ministers applications called in by him in terms of sub-article

(1)where such applications are: (

a)applications in respect of development which appears to him to be of a strategic significance; (
b)applications in respect of development which appears to him to affect matters of national security or national interests; (
c)applications in respect of development which appears to him likely to affect the interests of other governments; (
d)applications in respect of development which is subject to an environmental impact assessment and which in his opinion is of national interest; (
e)applications in respect of which the applicant is a department of Government or a body corporate established by law.

(3)Where the Minister decides to refer to the Cabinet of Ministers an application called in by him, he shall request the Tribunal to draw up its recommendation on that application after h a v i n g h e a r d t h e p a r t i e s a n d t h e Tr i b u n a l s h a l l s e n d i t s recommendation on that particular application to the Minister who shall refer it to the Cabinet of Ministers. Such recommendation shall be available to the public.

(4)The Cabinet Secretary shall, within fifteen days from the date of such decision, communicate the decision of the Cabinet of Ministers to the Authority together with the reasons in justification thereof and the Authority shall comply therewith, publish the decision of the Cabinet of Ministers in such manner as it may deem fit or as it may be prescribed and shall communicate the decision of the Cabinet of Ministers to the parties within fifteen days from the receipt of such decision. ENVIRONMENT AND DEVELOPMENT PLANNING

(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 organization 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 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 Tariff E in Schedule A to the Code of Organization and Civil Procedure.

(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.

(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 organization having as one of its purposes the promotion of environmental protection 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. 76.

(1)An environment and planning obligation may be entered into in those cases where the Authority, in connection with a grant of a licence or 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 Authority considers it to be more appropriate. The Authority shall seek to obtain these benefits or gains by means of conditions attached to a grant of the licence or development permission or by means of an environment and planning obligation entered into by a public deed made by the applicant for the licence or development permission with the Authority.

(2)Any person may, by agreement with the Authority, enter Obligations. ENVIRONMENT AND DEVELOPMENT PLANNING into an environment and planning obligation: (

a)restricting the development or use of that land in any specified way; (
b)requiring specified operations or activities to be carried out, in, on, under or over that land or area; (
c)requiring that land or area to be used in any specified way; or (
d)requiring a sum or sums to be paid to the Authority on a specified date or dates or periodically.

(3)The Minister may, in consultation with the Authority, make regulations for giving better effect to the provisions of this article and may, without prejudice to the generality of the foregoing: (

a)prescribe the procedure how an environment and planning obligation may be entered into, enforced, modified and discharged; (
b)establish any restrictions, conditions or the payment of any sums of money which may be imposed in such an environment and planning obligations; and (
c)regulate appeals to the Tribunal made in terms of subarticle

(4).

(4)The applicant and any person interested in land may appeal to the Tribunal from a planning obligation entered into in terms of sub-article

(1). 2. Revocation or modification of permission, licence or authorisation and Discontinuance or removal orders Revocation and modification. 77.

(1)The Authority or the Tribunal may, only in the cases of fraud or where public safety is concerned or where there is an error on the face of the record, by a decision revoke or modify any licence or development permission granted under this Act, including any clearance issued by the Authority under an Order, stating in such decision its reasons for so doing; and, prior to deciding to revoke or modify a licence or development permission in terms of this sub-article, the Authority or the Tribunal, as the case may be, shall inform the person who will be affected by its decision of the date and time of its meeting where the Authority or the Tribunal shall also hear the said person’s submissions if the latter opts to attend, and any other person’s submissions: Provided that the Authority or the Tribunal may in relation to any licence or development permission, including any clearance issued by the Authority under an Order, issued after the date of coming into force of this Act commence proceedings to revoke or modify any such licence or development permission, including any clearance issued by the Authority under an Order, within five years from the date of issuing of the licence or development permission, including any clearance issued by the Authority under an Order.

(2)For the purposes of sub-article

(1): "fraud" means the submission to the Authority of any information, declaration or plan on the basis of which the Authority ENVIRONMENT AND DEVELOPMENT PLANNING has approved a licence or development permission, where such information, declaration or plan is false, misleading or incorrect, irrespective of whether such deceit is the result of a wilful or negligent act: Provided that the Authority shall not revoke or modify a licence or development permission on the basis of fraud where the fraudulent information did not have a material bearing on the issuing of the licence or development permission; and "error on the face of the record" means an error on the face of a record which offends against the law.

(3)The applicant shall, if the decision is taken by the Authority, have a right to appeal the Authority’s decision to the Tribunal within thirty days from the date of service of a revocation decision or a modification decision.

(4)No compensation shall be payable by the Authority when it acts under the provisions of sub-article

(1)where the reason for the revocation or a modification of a licence or development permission is based on fraud or error of law on the face of the record.

(5)Where the reason for revocation or modification of a licence or development permission is public safety, the following rules shall apply: (

a)any demolition or other work that may be necessary for compliance with the order shall be carried out by, or at the expense of, the Authority; (
b)if on a claim made to the Authority within twelve months of the date of the revocation decision or the modification decision, it is shown that any person interested in the land has incurred expenditure that is rendered useless by the revocation or modification, or has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Authority shall, subject to paragraph (c), pay to that person compensation in respect of that expenditure, loss or damage; (
c)no compensation shall be payable under this article: (
i)in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation or modification, (
ii)in respect of any work carried out before the grant of the licence or permission that is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that licence or permission; (
d)where compensation is payable under this article in respect of expenditure incurred in carrying out any work on land, if the competent authority under the Land Acquisition (Public Purposes) Ordinance acquires any interest in that land, any compensation ENVIRONMENT AND DEVELOPMENT PLANNING payable in respect of the acquisition of that interest shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this article. Discontinuance and removal orders. 78.

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

(2)Where a discontinuance or removal order is made in respect of an activity, works or use, or of a building, plant, equipment or other thing lawfully carried on or in existence on the land mentioned in the notice the Authority shall be liable to pay compensation for any losses sustained as a result of the notice: Provided that any benefits derived from the same notice shall be offset against the losses aforesaid: Provided further that no such compensation is due if the authorisation or permission itself allows the Authority to request the discontinuance of any existing use or activity or any works to be discontinued or any building, plant, equipment or other thing whatsoever to be removed from any land, or if such an order is made by the Court. 3. Charges and contributions Charges and contributions. 79.

(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.

(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.

(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: ENVIRONMENT AND DEVELOPMENT PLANNING Provided that with respect to contributions leviable by the Authority on behalf of the Authority for Transport in Malta in terms of article 20 of the Code of Police Laws, such regulations shall be made with the concurrence of the Minister responsible for the Authority for Transport in Malta and the Minister responsible for finance, and such contributions leviable, as aforesaid shall, notwithstanding anything contained in this Act, be paid by the Authority to the Authority for Transport in Malta each year after a deduction therefrom is made to cover the reasonable costs as may be agreed between the two authorities incurred in the determination and levying of the contributions.

(4)The Authority shall have power to levy a charge in respect of any other application for a licence or authorisation made to it.

(5)The schedule of charges and the rates of contributions established under this article, as from time to time in force, shall be published as regulations and shall have effect as so published.

(6)The charges and contributions levied under sub-articles

(1)and

(2)shall be collectively known as the "building levy".

No licence or development permission shall be granted, and no activity or development authorised by an order shall be carried out, unless and until any fee or contribution payable under article 79 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. Payment of fee and contribution.
Scheduling and Conservation 81.

(1)The Authority shall prepare, and from time to time review, a list of areas, buildings, structures and remains of geological, palaeontological, cultural, archaeological, architectural, historical, antiquarian, or artistic or landscape importance, as well a s a r e a s o f n a t u r a l b e a u t y, e c o l o g i c a l o r s c i e n t i f i c v a l u e (hereinafter referred to as "scheduled property") which are to be scheduled for conservation and may in respect of all or any one or more of the scheduled property make conservation orders to regulate their conservation: Provided that upon the issue of a conservation order the owner shall have the right to immediate access at reasonable times to all documentation of the Authority concerning the said order for the purpose of studying the relative findings and considerations and the owner may contest the said decision in writing with the Authority within thirty days from the date when the order is notified to him or is published in the Gazette, whichever is the later.

(2)The list of conservation orders, and any additions or amendments thereto, shall be published in the Gazette and in a local newspaper. The Authority shall also notify any one of the owners of any property subject of a conservation order of the fact of its inclusion in the list and of any conservation order made with respect to it. Notice of such conservation order shall also be affixed on site. If none of such owners is known, or if it is not reasonably Scheduling and conservation orders. ENVIRONMENT AND DEVELOPMENT PLANNING possible to effect service on such owners, the said notice shall only be affixed on site and no service on such owners as aforesaid need be made. Notice of such conservation order shall be registered in an index held for that purpose which identifies the property subject to that order. The said index shall be held in an electronic form in such a way that researches to determine whether a property is subject to such an order may be carried out. The Authority shall keep a copy of the said index in the office of the Land Registry and shall issue a certificate which indicates whether a particular property is subject to the said order on the payment of such fee as may be prescribed.

(3)Where the Authority has scheduled property in terms of this article, it shall register the said property in the index mentioned in sub-article

(2)indicating the said property as having been scheduled, and the provisions of the said sub-article concerning the indexing of conservation orders shall mutatis mutandis apply. The list of scheduled property, and any additions or amendments thereto, shall be published in the Gazette and in a local newspaper. The Authority shall also notify any one of the owners of the scheduled property of the fact of its inclusion in the list. A notice of the said scheduling shall also be affixed on site. If none of such owners is known, or if it is not reasonably possible to effect service on such owners, the said notice shall only be affixed on site and no service on such owners as aforesaid need be made.

(4)For the purposes of sub-articles

(2)and

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

(5)The carrying on of any work in, and the demolition, alteration or extension of, any scheduled property is prohibited or restricted as provided in this article or in a conservation order.

(6)No works of any description shall be carried out in or on any scheduled property and no scheduled property shall be demolished, altered or extended except with the permission of the Authority granted on an application made to it and giving such details as the Authority may require or in accordance with the provisions of a conservation order; and for the purpose of this article, damage to or destruction of any part of a scheduled property shall be deemed to be a demolition thereof.

(7)A permission of the Authority and a conservation order granted or made under this article may contain such conditions and other provisions as the Authority may deem necessary or expedient; and a conservation order may regulate any matter affecting scheduled property.

(8)In respect of any scheduled property, the Authority shall also have power to require the owner, by notice in writing, to undertake such works generally, or as may be specified in the notice, as may be necessary to ensure that no further deterioration occurs. In default, the Authority may give a further notice to the owner to carry out and complete the works within a specified time, ENVIRONMENT AND DEVELOPMENT PLANNING and if the owner is still in default it may itself carry out, or cause to be carried out, the necessary works and recover the cost thereof from the owner of the scheduled property.

(9)If any scheduled property is demolished in contravention of any of the provisions of this article then, in addition to any penalty or other effect under this Act, every person convicted of such offence shall be liable to pay compensation to the Authority calculated on the basis of whichever is the highest of the following: (a) the value of the thing destroyed, (b) the cost of restoration or repair, (c) the financial benefit which could be achieved as a consequence of the demolition.

(10)An owner of scheduled property has a right to demand the reconsideration of any scheduling of his property. Such demand shall be entered in writing with the Authority within thirty days of notification or publication in the Gazette, whichever is the later, of the scheduling and the Authority shall decide within three months of receipt by it of the demand for reconsideration.

(11)Any person who feels aggrieved by a decision of the Authority under this article may appeal to the Tribunal for a revocation or modification of such a decision.

(12)The Minister’s endorsement shall be sought when the Authority deschedules a scheduled property or when it downgrades the protection afforded to a scheduled property, and no such descheduling or downgrading shall be valid before it is endorsed by the Minister.

(13)When the Tribunal decides to deschedule a scheduled property or to downgrade the protection afforded to a scheduled property, the Tribunal shall seek the Minister’s endorsement and the period for lodging an appeal from the Tribunal’s decision to the Court of Appeal shall commence to run from the date in which the Tribunal would have informed the appellant accordingly of the Minister’s decision.

(14)Notwithstanding the provisions of article 41, an appeal to the Tribunal from a scheduling of property or the issue of a conservation order shall not stay the execution of such scheduling or conservation order. 82.

(1)If a property, site or area which is not scheduled or protected under the provisions of this Act or any regulations made thereunder, but which the Authority believes could have an importance or value sufficient to have it scheduled or protected, is at risk of being demolished, damaged or destroyed, the Authority may make an emergency conservation order and take such further steps for the protection of such property, site or area as it may deem necessary and the provisions of the proviso to article 81

(1)shall apply: Provided that in case of urgency the Chairman of the Authority may make an emergency conservation order without the need of consulting the other members of the Authority. Emergency conservation order. ENVIRONMENT AND DEVELOPMENT PLANNING

(2)An emergency conservation order shall be published in the Gazette and shall have effect immediately on its publication.

(3)An emergency conservation order shall, for a period of six months from its publication in the Gazette, have the same effect as the inclusion of the property to which it refers in the list of scheduled property. It shall cease to have any effect on the expiration of the period aforesaid.

(4)Notwithstanding the provisions of article 41, an appeal to the Tribunal from an emergency conservation order shall not stay the execution of such order. PART VI Powers of the Authority and Enforcement of Control

Right of Entry Right of entry.
(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016).
Enforcement of Control Monitoring of activities and development.
(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016). Officers.
(Repealed by Legal Notice 107 of 2016, made under article 87 of Act I of 2016 and article 35 of Act VII of 2016); Enforcement procedure. 86.

(1)If it appears to the Authority that an activity is being carried out without the grant of a permission or licence required under this Act or that any conditions subject to which such permission or licence was granted in respect of any such activity are not being complied with or such activity is in contravention to this Act or Regulations issued under this Act, the Authority may issue stop orders to any such person carrying out such an activity: Provided that the Authority may issue a partial stop order requiring work or activity to be stopped forthwith only in relation to that part of the activity to which the order applies and not in relation to the whole activity.

(2)If it appears to the Authority that any development is being carried out without the grant of permission required under this Act, or that any conditions subject to which such permission was granted in respect of any development are not being complied with, the Authority shall serve a stop notice on the owner of the land or on the occupier of the land or on both, as the Authority deems most expedient, requiring works or the development to be stopped forthwith: Provided that the Authority may issue a partial stop notice requiring work to be stopped forthwith only in relation to that part of the development to which the notice applies and not in relation to the whole development.

(3)A copy of the order or notice mentioned in sub-articles

(1)and

(2)may also be served on any representative, builder, contractor or workman on the site and the Authority may also affix such notice in a prominent position at a point of entry onto the site. ENVIRONMENT AND DEVELOPMENT PLANNING

(4)The Authority shall, in the case of a notice issued under sub-article

(2)also inform: (a) the local council in whose locality the land mentioned in sub-article

(2)is found; (b) the perit responsible for the said works, if known, that a stop notice as aforesaid has been issued by the Authority: Provided that the non-compliance with the provisions of this sub-article shall in no case invalidate any notice issued under sub-articles

(1)and

(2).

(5)The Authority shall register all stop orders and notices and all other enforcement notices in terms of this Act in the index mentioned in article 81

(2), and the provisions of the said article concerning indexing of conservation orders shall mutatis mutandis apply to stop and other enforcement notices in terms of this Act.

(6)Any order or notice made under this article shall contain a detailed description of the infringements being alleged and where applicable, a site plan indicating the land which is the subject of such a notice shall be annexed thereto.

(7)If it appears to the Authority that any development of land has been carried out after the coming into force of this Act without the grant of permission required in that behalf under this Act, or that any conditions subject to which such permission was granted in respect of any development have not been complied with, the Authority may, having regard to the provisions of development plans, planning policies and any other material consideration, serve on the owner of the land or on the occupier of the land or on both as the Authority deems most expedient an enforcement notice and shall inform the persons mentioned in sub-article

(4)of such an enforcement notice, requiring such steps as may be specified in the notice to be taken within such time as may also be so specified for restoring the land to its condition before the development took place or for removing such development or for securing compliance with the conditions aforesaid, as the case may be; and in particular, but without prejudice to the generality of the aforesaid any such notice may, for the purpose aforesaid, require the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on the land of any building or other operations.

(8)An order or notice given under any of the foregoing provisions of this article shall: (a) in respect of any requirement stopping or prohibiting further activity, works or development or requiring the cessation of a use, or in respect of any requirement of the notice if the notice refers to development listed in the Sixth Schedule or if the notice is issued under the provisions of article 88

(1)in relation to a development situate on a site listed in the Sixth Schedule, or if the notice is issued under the provisions of article 88

(2), take effect immediately upon service of the notice in terms of sub-articles

(1)and

(2)notwithstanding that ENVIRONMENT AND DEVELOPMENT PLANNING an application for a licence or development permission for the activity or development referred to in the order or notice has been submitted or an appeal has been lodged against the order or notice; (b) in respect of any other requirement, shall take effect at the expiration of such period (being not less than fifteen days and not more than thirty days after service thereof) as may be specified therein.

(9)When an application for development permission has been submitted before the expiry of the period mentioned in sub-article

(8)(

b)(
a)for the retention on the land of any buildings or works to which the enforcement notice relates; or (
b)for the continuance of any use of the land to which the enforcement notice relates, the operation of the notice, in respect of any requirement other than a r e q u i r e m e n t s t o p p i n g o r p r o h i b i t i n g a n y f u r t h e r w o r k or development, or requiring the cessation of a use, shall be suspended pending the final determination of the application, and if the permission applied for is granted on that application and comes into operation, the enforcement notice shall cease to have effect: Provided that if the notice refers to development listed in the Sixth Schedule, or if the notice is issued under the provisions of article 88

(1)in relation to a development situate on a site listed in the Sixth Schedule or if the notice is issued under the provisions of article 88

(2), the operation of the notice shall not be suspended pending the final determination of the application.

(10)Any application to regularise an activity or a development shall be dismissed forthwith if a requirement in the order or notice stopping or prohibiting further activity, work or development, or requiring the cessation of a use, has not, both prior or during the pendency of the application, been complied with or if any penalty or other payment for which any person has become liable under this Act in respect of the relevant activity or development has not been paid or if the application is made to regularize a development listed in the Sixth Schedule.

(11)The Authority may exercise its powers under article 90

(1)notwithstanding that a second or subsequent application intended to regularize the illegal activity or development may have been filed with the Authority concerning the same or part of the same activity or site, irrespective of whether the said application is filed by the same applicant or by another applicant.

(12)Any person who feels aggrieved by any order or notice served on him may, within fifteen days from the service of the notice, appeal against it to the Tribunal, and on any such appeal the Tribunal: (

a)if satisfied that a licence or permission was granted under this Act, or under any other law which preceded this Act regulating the activity in question or building permits, for the activity or the development to which ENVIRONMENT AND DEVELOPMENT PLANNING the order or notice relates, or that no such licence or permission was required in respect thereof, as the case may be, and that the conditions subject to which such licence or permission was granted have been complied with, shall quash the order or notice to which the appeal relates or such part thereof in respect of which the Board is satisfied as aforesaid; (
b)in any other case, shall dismiss the appeal.

(13)The appellant shall submit to the Tribunal together with his appeal a copy of all relevant licences or development permissions, other permits or other relevant information in terms of which a licence or a development permission has been granted to carry out the activity or development mentioned in the order or notice served on him which is the subject of the appeal proceedings; and if the Tr i b u n a l i s s a t i s f i e d t h a t n o s u c h l i c e n c e o r d e v e l o p m e n t permission or permits exist or that there is no authorization, howsoever called, in terms of which the activity or the development could have been carried out, the Board shall forthwith dismiss the appeal.

(14)If before an appeal is lodged or during the pendency of an appeal, the appellant submits to the Authority an application for a licence or development permission regarding the activity or land mentioned in the order or notice, the Tribunal shall dismiss the appeal if it is satisfied that the said application is intended to regularize the activity or development mentioned in the order or notice.

(15)Where an appeal is dismissed, the Tribunal may direct that, in respect of any requirement, other than a requirement stopping or prohibiting any further activity or work or development, or requiring the cessation of a use, the order or notice shall not come into force until such date, being a date not earlier than fifteen days after the determination of the appeal, as the Tribunal thinks fit.

(16)The Tribunal may correct any defect or error in the enforcement notice provided that the appellant shall be given sufficient time to prepare and put forward his case.

(17)Where the illegal activity or development is being carried out at sea the provisions of this article shall apply in such manner that any reference therein to the owner of the land or the occupier of the land shall be deemed to be a reference to the person carrying out the activity or development, and any reference to land shall be deemed to be a reference to the area at sea where the activity or development occurs.

(18)All notices or orders issued under this Part shall be accompanied by a site plan. 87. If it appears to the Authority that anything which is prohibited or restricted or subject to a condition by or under any of the provisions of article 81 or under regulations made under this Act intended to protect natural habitats and species, 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 Enforcement in relation to scheduled property. ENVIRONMENT AND DEVELOPMENT PLANNING or other requirement, or without compliance with any condition, mentioned in those articles or any orders made thereunder, the Authority shall serve a notice on the owner of the land or on the occupier of the land or on both as the Authority deems most expedient and shall also inform of the issue of such notice the persons mentioned in article 86

(4), 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 the proviso to article 86

(4)shall also apply to any notice under this article. Injury to amenity and removal of danger. 88.

(1)If it appears to the Authority that the amenity of any area is injured by the appearance or 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 Authority shall serve an enforcement notice on the owner of the land or on the occupier of the land or on both as the Authority deems most expedient and shall also inform of the issue of such notice the persons mentioned in article 86

(4), requiring such steps to be taken for abating the injury as may be specified in the notice. The provisions of the proviso to article 86

(4)shall also apply to any notice under this article.

(2)The Minister may, in consultation with the Authority, by regulations under this article provide that property which is in a state of disrepair and, or constitutes a danger, shall be demolished by its owner or by the Authority in accordance with the provisions of article 90. Without prejudice to the generality of the foregoing, such regulations may prescribe: (

a)the manner through which the state of the property is certified as constituting a danger, (
b)the methodology and procedures to be used by the Authority in any action it may take as aforesaid. Other notices. 89. A notice under articles 87 and 88 is also in this Act referred to as "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 that expression appears in this Act it shall include a notice given under those articles. Supplementary provisions as to enforcement and proceedings for debts due to the Authority. 90.

(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 Authority may enter on the land, or the area at sea and take such steps or other action as aforesaid, including the d i s a b l i n g o r r e m o v a l o f a n y e q u i p m e n t , m a c h i n e r y, t o o l s , 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 shall for such purpose exercise such powers as are vested in them at law. ENVIRONMENT AND DEVELOPMENT PLANNING

(2)Where the removal of an illegal development involves by necessity the removal also of a development which is not illegal, the Authority may proceed to remove also such other development, the removal of which is necessary as aforesaid.

(3)Notwithstanding the provisions of any other law and saving the provisions of article 46 of the Constitution and article 4 of the European Convention Act, no precautionary act may be issued by any court against the Authority restraining it from the exercise of any of the powers conferred upon it by this article.

(4)Subject to the provisions of regulations made under this Act, when an enforcement notice has not b

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