DEVELOPMENT PLANNING (CLAMPING AND REMOVAL 
OF OBJECTS USED FOR ILLEGAL DEVELOPMENT) _g S.L.356.15 1
SUBSIDIARY LEGISLATION 356.15
DEVELOPMENT PLANNING (CLAMPING AND 
REMOVAL OF OBJECTS USED FOR ILLEGAL 
DEVELOPMENT) REGULATIONS
1st February, 2002
LEGAL NOTICE 26 of 2002, as amended by Legal Notice 342 of 2002.
Title .
(Clamping and Removal of Objects used for Illegal Development)
Regulations.
Definitions.
Amended by:
L.N. 342 of 2002.
Cap. 356.
2. (1) In these regulations, unless the context otherwise
requires:
"the Act" means the Development Planning Act ;
"the Authority" has the same meaning as is assigned to it in
article 2 of the Act;
"object" means any equipment, machinery, tools, cranes,
bulldozers, mechanical shovels, vehicles or other objects whether
movable or immovable;
"site" means any land, building or area at sea where the
Authority can execute any enforcement action.
Removal, etc., of 
objects by the 
Authority or by its 
contractors.
3. The Authority or any contractor duly authorised by it for
specific purposes of these regulations may remove, store and
dispose of any object which is being used by any person for the
carrying out of illegal development, or any object which is on the
site subject to the execution of an enforcement notice.
Fixing of clamps to 
equipment, 
machinery and 
vehicles used for 
illegal 
development.
4. The Authority or any contractor duly authorised by it for
specific purposes of these regulations may:
( a ) fix wheel clamps to any object which is used or which
the Authority believes that it was or will be used for
the carrying out of illegal development on any site;
and
( b ) fix any device to render it inoperable or to render an
object unworkable, or to immobilize any object which
is used or which the Authority believes that it was or
will be used for the carrying out of illegal development
on any site.
Removal of 
clamps.
5. The wheel clamps shall neither be removed by the
Authority nor shall the object be returned to its owner before a fee
levied by the Authority in terms of these regulations has been paid:
Provided that should the owner of the clamped object fail to
pay such fee within a reasonable time not exceeding twenty-four
hours, the clamped object shall be removed from site and the fees
then due would be those specified in terms of regulation 9( b ), ( c )
and ( d ), as the case may be.
2 _g S.L.356.15
DEVELOPMENT PLANNING (CLAMPING AND REMOVAL 
OF OBJECTS USED FOR ILLEGAL DEVELOPMENT)
Exemption from 
liability.
6. The Authority shall be exempted from any liability for
damage arising in connection with the fixing or removal of clamps
or the removal of any object or the storage or disposal of any object
in accordance with these regulations:
Provided that a person who acts with malice or is guilty of
gross negligence in the performance of his duties during such
fixing or removal of clamps or the removal of any object or its
storage or disposal, shall not be exonerated from liability for
damages caused.
Notice of removal 
and storage.
Amended by:
L.N. 342 of 2002.
7. (1) The Authority shall publish a notice of removal in the
Gazette and two other local newspapers, describing the objects
removed and indicating the exact locality from where they have
been removed.
(2) The Authority shall also indicate in the same notice the
place where the objects are being stored and call on their owners to
retrieve such objects after producing sufficient proof of their
entitlement thereto, together with any such guarantee which the
Authority may deem sufficient in indemnifying it against any claim
in connection with the return of such object to its lawful owner and
together with any payments due as provided in these regulations:
Provided that the provisions of this regulation shall not
apply to any objects whatsoever removed by the Authority, or any
contractor duly authorized by it for the specific purposes of these
regulations, where such objects constituted the illegal development
subject to the execution of an enforcement notice:
Provided further that the provisions of this regulation shall
not apply to any objects whatsoever, which objects are the cause of
the change of the use of the site subject of the enforcement notice
in question.
Disposal of 
objects.
8. (1) The Authority may order the sale of any object if it
would still not have been retrieved by its lawful owner within thirty
days from the publication of the notice of removal as provided in
regulation 7.
(2) Any sale made in terms of subregulation (1) shall be made
either by public auction or after a call for tenders.
(3) The Authority may, at its discretion, dispose of those
objects which have not been sold by public auction or after a call
for tenders, after having given at least one month’s notice to the
Minister responsible for finance.
Fees to be levied 
by the Authority.
9. (1) There shall be payable to the Authority the following
fees:
( a ) for the removal of clamps ...................... Lm 100
Provided that for the removal of clamps
affixed to a vehicle, the fee is ................ Lm 40
( b ) for the release, towing or removal of an
object and storage thereof during the
first twenty-four hours or part thereof .... Lm 45
DEVELOPMENT PLANNING (CLAMPING AND REMOVAL 
OF OBJECTS USED FOR ILLEGAL DEVELOPMENT) _g S.L.356.15 3
Provided that when additional expenses in excess of each
particular fee in paragraph ( a ), ( b ), ( c ) and ( d ) have been incurred,
the Authority shall also have the right to collect such expenses and
subsequently detract them from the proceeds of any sale or disposal
of the object or to demand the payment thereof before surrendering
any object to its lawful owner or to the purchaser in the event of a
sale by auction.
(2) In case where the above fees are not collected by the
Authority in whole or in part, such uncollected fees can be
recovered from the lawful owner of the objects as a civil debt.
Criminal, civil and 
administrative 
actions to remain 
unprejudiced.
10. Any actions taken by the Authority under these regulations
shall be without prejudice to any criminal or civil action or to any
enforcement action taken in terms of the Act.
Offences.
removes wheel clamps fixed to any object or attempts to remove or
removes any object with clamped wheels, or attempts to contravene
or contravenes the provisions of regulation 4, shall be guilty of an
offence against these regulations and liable, on conviction, to a fine
( multa ) of not less than one hundred liri and not more than one
thousand liri:
Provided that in the case of a second or subsequent offence,
the offender shall be liable, on conviction, to a fine ( multa ) of not
less than five hundred liri and not more than five thousand liri and
the Court shall order that the said object shall be confiscated and
handed over to the Authority to dispose of in terms of regulation 8.
( c ) for the storage of the object after the
first twenty-four hours per day or part
thereof .................................................. Lm 50
( d ) for the auction or any other form of
disposal of the object ............................ Lm 50
