                         DEVELOPMENT PLANNING [ CAP. 356.        1
CHAPTER 356
DEVELOPMENT PLANNING ACT
To make provision for the planning and management of development, for the establishment
of an authority with powers to that effect and for matters connected therewith or ancillary
thereto.
28th October, 1992
1st December, 1992
ACT I of 1992 as amended by Acts: XXI of 1992, XVI and XXIII of 1997, XXIII of 2000, VI
and XXI of 2001; Legal Notices 22 and 47 of 2002; and Act VI of 2002.
ARRANGEMENT OF ACT
Articles
PART I. Preliminary  1-2
PART II.  Administration 3-17
The Malta Environment and Planning Authority 3-11
The Planning Consultative Committee 12
The Development Control Commission 13
The Planning Appeals Board 14-15
Common Provisions 16-17
PART III. Development Planning 18-29
The Structure Plan 18-29
PART IV. Development Control 30-50
Requirement of Permission to Develop Land 30-39
Revocation or Modification of Permission to Develop
Land 40
Charges and Contributions in respect of Development 41-44
Other Powers of Development Control 45-50
PART V. Enforcement of Control 51-55
PART VI. Development Offences and Penalties 56-58
PART VII. Supplemental 59-63
SCHEDULES
FIRST SCHEDULE  Article 3, Provisions with respect to Authority
SECOND SCHEDULE Article 6, Provisions with respect to public
officers detailed for duty with the Authority
THIRD SCHEDULE Article 15, Proceedings before Planning Appeals
Board and appeals therefrom
  2      CAP. 356. ]                DEVELOPMENT PLANNING
PART I
PRELIMINARY
Short title. 1. The short title of this Act is Development Planning Act.
Interpretation.
Amended by:
XXIII. 1997.2;
XXI. 2001.2;
VI. 2002.57.
2. In this Act, unless the context otherwise requires: 
"action plan" has the meaning assigned to it by article 26; 
"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;
"advertisement regulation order" means an order made under and
for the purposes of article 49;
"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 development permission application;
''application report'' means the final development permission
application report;
''Audit Officer'' means the Audit Officer appointed in terms of
article 17C(1);
"the Authority" means the Malta Environment and Planning
Authority established under article 3 and includes any body or
other person acting on its behalf under powers delegated by the
Authority under this Act;
"building" includes any structure or erection and any part of a
building, but does not include plant or machinery comprised in a
building;
"building levy" means any charge or contribution levied under
article 41 or 42;
"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 3(4);
"conservation order" means an order made under and for the
purposes of article 46;
"the Commission" means the Development Control Commission
established under article 13;
"the Committee" means the Planning Consultative Committee
established under article 12;
                         DEVELOPMENT PLANNING [ CAP. 356.        3
"development" has the meaning assigned to it by article 30(2);
''development brief'' has the same meaning assigned to it as in
article 26A;
"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;
''development plans'' includes the structure plan, subject plans,
local plans, action plans and development briefs;
"development order" means an order made under and for the
purposes of article 31;
"the Director of Planning" and "the Director" mean the Director
of Planning appointed under article 6 and includes any person
acting on his behalf or under his authority;
''enforcement notice'' is any notice issued under article 52 and
may include any notice which the Authority may issue from time to
time in terms of articles 51 to 55;
"engineering operations" includes the formation or laying out of
roads and of means of access to roads;
"erection" in relation to buildings, includes extension, alteration
and re-erection;
"exempt works" means any works or development which do not
require a development permission under Part IV;
"financial year" means the period of twelve months ending on
30th September of any year:
Provided that the first financial year of the Authority shall
commence on the coming into force of this Act and end on the 30th
September of the following year;
"functions" includes responsibilities, powers and duties;
''House'' means the House of Representatives;
"land" includes a building;
Cap. 363.
Councils Act;
"local plan" has the meaning assigned to it by article 25;
''the Mediator'' means a Planning Mediator appointed in terms of
article 32A(1);
''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;
"Minister" means the Minister responsible for development
planning;
''official manual'' means the official manual referred to in article
5(2)( c );
''owner'' means -
( a ) a person who in his own right or as agent for another is
  4      CAP. 356. ]                DEVELOPMENT PLANNING
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;
"the Planning Appeals Board", "the Appeals Board" and "the
Board", mean the Planning Appeals Board established under article
14;
''planning policy'' means a policy approved in terms of article
29A or article 29B or article 29C;
''planning 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;
"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;
"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" and "scheduled trees" have the meaning
assigned to them by article 46 and 48, respectively;
''Standing Committee'' means the Standing Committee on
Development Planning established in terms of article 17B(1);
"structure plan" has the meaning assigned to it by articles 18 and
22;
"subject plan" has the meaning assigned to it by article 24;
''subsidiary plans'' shall have the same meaning assigned to it in
article 23;
Cap. 322.
''Temporary Provisions Schemes'' means a planning scheme
prepared and approved in accordance with the Building Permits
(Temporary Provisions) Act;
"tree preservation order" means an order made under and for the
purposes of article 48;
"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;
"Users’ Committee" means the Committee established under
article 17A of this Act.
                         DEVELOPMENT PLANNING [ CAP. 356.        5
PART II
ADMINISTRATION
Substituted by:
VI. 2002.57.
1. The Malta Environment and Planning Authority
Establishment of 
the Malta 
Environment and 
Planning 
Authority. 
Amended by: 
XXI.1992.2;
XXI. 2001.3;
VI. 2002.57.
3. (1) There is hereby established an authority, to be known
as the Malta Environment and Planning Authority which shall
consist of not less than thirteen and not more than fifteen members,
of whom one shall be the Chairman of the Authority.
(2) Save as hereinafter provided, the members of the Authority
shall be appointed by the Prime Minister as follows:
( a ) five public officers representing the Government being
persons who have experience or qualifications in
matters concerning any of the following: planning, the
environment, the infrastructure, social policy in so far
as it relates to land use, economic affairs, agriculture,
tourism and transport;
( b ) eight members (hereinafter called the ''independent
members'') shall be chosen from amongst persons of
known integrity and one of whom is a person with
knowledge of and experience in matters relating to the
environment and the other seven being persons with
knowledge of and experience in matters relating to
development, including commercial or industrial
activities, or social and community affairs and the
environment.
(3) The two other members of the Authority shall be members
of the House of Representatives of which one shall be appointed by
the Prime Minister and the other by the Leader of the Opposition:
Provided that the Authority shall be properly constituted
and may function notwithstanding any failure to appoint either or
both members of the Authority under this subarticle.
(4) The chairman and a deputy chairman of the Authority shall
be chosen by the Prime Minister from amongst the independent
members of the Authority.
(5) Save as provided in subarticles (2) and (3), no person shall
be qualified to be appointed as, or remain, a member of the
Authority if he is:
( a ) a public officer,
( b ) a member, officer or servant of any agency of the
Government, provided that for the purposes of this
paragraph a member of the academic staff of the
University shall not be deemed to be a member, officer
or servant of an agency of the Government,
( c ) a member of the House of Representatives, or
( d ) a member of a local council.
(6) The independent members shall hold office for such period,
being not less than three years, as may be specified in the letter
  6      CAP. 356. ]                DEVELOPMENT PLANNING
appointing them and if no such period is specified shall remain in
office for three years. In determining such period of office the
Prime Minister shall, as far as practicable, ensure a measure of
rotation. The independent members may resign by letter addressed
to the Prime Minister but may not be removed from office except
by a resolution of the House of Representatives on the ground of
misconduct or inability to perform the duties of their office.
(7) The other members of the Authority shall hold office until
they are replaced by the authority appointing them, and as long as
they remain public officers or members of the House, as the case
may require. Members of the House may also resign from office by
letter addressed to the authority appointing them.
(8) A person who has ceased to be a member of the Authority
shall if he is otherwise qualified, be eligible for re-appointment;
but no person shall in the aggregate be a member of the Authority
for more than seven consecutive years.
(9) The provisions of the First Schedule to this Act shall apply
to the Authority and regulate its proceedings.
Authority to be 
body corporate.
Amended by:
XXI. 2001.4.
4. (1) The Authority shall be a body corporate having a
distinct legal personality and capable, subject only to the
provisions of this Act, of suing and being sued, of entering into any
contract, of acquiring, holding or disposing of property of any kind
both of movable and immovable, and by or under any title, and of
doing any other thing or entering into any transaction whatsoever.
(2) The legal and judicial representation of the Authority shall
vest in the Chairman:
Provided that the Authority may appoint any one or more of
its members, or any one or more of its officers or employees, to
appear in its name and on its behalf in any proceedings to which the
Authority is a party or on any act, contract, instrument or other
document whatsoever.
(3) In the absence of the chairman, or if the chairman is unable
to perform the functions of his office, whether under this or any
other provision of this Act, the deputy chairman shall perform
those functions. 
Functions of the 
Authority.
Amended by:
XXIII. 1997.3;
XXI. 2001.5;
VI. 2002.57 .
5. (1) The functions of the Authority shall be the following:
( a ) the promotion of proper planning and sustainable
development of land and at sea, both public and
private;
( b ) the control of such development in accordance with
development plans and planning policies approved in
terms of this Act;
( c ) the carrying out of national mapping, including
carrying out land surveys of specific areas and keeping
up to date the national geographical database to
undertake the functions mentioned in paragraphs ( a )
and ( b );
( d ) the regulation of alignment and levelling schemes and
                         DEVELOPMENT PLANNING [ CAP. 356.        7
their interpretation on site.
(2) For these purposes, and subject to the provisions of this
Act, the Authority shall be responsible for:
( a ) the preparation of the development plans and planning
policies including any other matter ancillary,
incidental or conducive thereto, and the updating
thereof  following their approval in terms of this Act;
( b ) the conduct of consultations with Government
departments, private organisations and other persons
relating to planning;
( c ) the publication and updating, as circumstances may
warrant, of an official manual containing such matters
as the Minister may prescribe and which shall be made
available to the public, provided that:
(i) no planning policy or amendment thereto
approved in terms of paragraph ( a ) shall have
effect unless it is published in the official
manual,
(ii) a planning policy or an amendment thereto, as
the case may be, shall be published in the
official manual within one month from the date
of its approval in terms of this Act,
(iii) the official manual may be published and
updated in electronic form or in any other format
as the Authority may approve.
(3) In the execution of its functions under this Act, the
Authority shall have and may exercise all or any one or more of the
powers vested in it or entrusted to it by this Act.
Cap. 389.
(4) Saving the provisions of article 36A and subject to
retaining overall control and supervision, and otherwise observing
the provisions of this Act, the Authority may, with the approval of
the Minister, delegate any one or more of its functions under this
Act under such conditions as it may deem appropriate. In
particular, but without prejudice to the generality of the foregoing,
the Authority may delegate as aforesaid to, or exercise concurrently
with, the Commissioner of Police, or any local council, or any other
body, authority or contractor, any of the functions vested in it in
terms of Part V of this Act and the Authority shall also have the
power to delegate any of its enforcement powers, including the
levying of penalties established in this Act, to local wardens
appointed in terms of the provisions of the Private Guards and
Local Wardens Act in terms of such procedure as the Minister may
in agreement with the Minister responsible for local councils
prescribe. Notice of any such delegation shall be published in the
Gazette.
(5) The Authority may also exercise all powers of control over
development as may from time to time be delegated to it in writing
by the Minister on behalf of any department or agency of
Government.
  8      CAP. 356. ]                DEVELOPMENT PLANNING
 (6) It shall be the Minister’s function to ensure that the
Authority is fully informed of Government’s policies relative to
development, and to monitor the proper execution of such policies.
(7) The Authority may with the approval of the Minister
appoint advisory boards and committees to assist it in the
performance of its functions under this or any other law. The
functions of the said boards and committees shall be prescribed by
the Authority with the approval of the Minister.
(8) ( a ) Without prejudice to the provisions of subarticle (7),
there shall be a committee to be styled the Heritage
Advisory Committee, which shall consist of two panels
and which shall have the functions as set out in this
subarticle.
( b ) One panel shall deal with Cultural Heritage and shall
be known as the Cultural Heritage Panel, and shall be
constituted as follows: 
(i) a chairman and three other members appointed
by the Minister responsible for culture, and
(ii) three other members appointed by the Minster
after consulting the Authority. 
( c ) One panel shall deal with Natural Heritage and shall be
known as the Natural Heritage Panel, and shall be
constituted as follows: 
(i) a chairman and three other members appointed
by the Minister responsible for the environment,
and 
(ii) three other members appointed by the Minister
after consulting the Authority. 
( d ) Four members of a panel shall constitute the quorum at
the meetings of a panel and eight members shall
constitute a quorum at a joint meeting of the two
panels. The chairman at a meeting shall have an
original vote and, in the case of equality of votes, a
casting vote.
( e ) It shall be the function of the panel, each in the field
dealt by it, to provide professional and  expert advice to
the Authority on matters relating to the conservation of
the cultural and natural  heritage in an integrated
process. Each panel shall also provide advice on the
application process in particular with regard to the
conservation of property or areas that may be affected
by an application for a development permission.
                         DEVELOPMENT PLANNING [ CAP. 356.        9
Cap. 445.
( f ) Each panel shall make available for public inspection
any recommendation made by it to the Authority and
shall regularly every six months report to the Authority
and to the Committee of  Guarantee set up under the
Cultural Heritage Act.
( g ) Each panel may call upon any person to give it expert
or professional advice on any matter being dealt by it. 
( h ) Either chairman shall convene a joint meeting of both
panels when matters affecting both the cultural and the
natural heritage are involved, and in such case the joint
meeting of the two panels shall be chaired by the
chairman of the panel convening the meeting. The
provisions of paragraph ( g ) shall apply also to such
meetings. 
( i ) Subject to the foregoing provisions of this subarticle
and to any rules prescribed by the Minister with the
concurrence of the Minister responsible for cultural
heritage and the Minister responsible for the
environment, the committee and the panels may
regulate their own procedure.
(9) The Authority shall transmit a copy of the agenda, minutes
and relative enclosures of its meetings to the Minister for his
information.
Officers and 
employees of the 
Authority.
Amended by:
XXIII. 1997.4;
XXI. 2001.6.
6. (1) The Authority shall appoint a Director of Planning who
shall report directly to the Board of the Authority and who shall,
himself or his representative, have the right to be present at all
meetings of the Authority, of the Commission and of all the
meetings held by all the boards and committees appointed by the
Authority.
(2) The Director of Planning shall head the Planning
Directorate. The Authority may delegate to the Director, or to such
other officer or employee of the Authority, as it may deem fit, any
of the following functions:
( a ) professional, technical and administrative support,
( b ) the implementation of the Authority’s decisions, and
( c ) the carrying out of the Authority's day-to-day
functions,
and the Director, officer and employee of the Authority aforesaid
shall be subject to such directives, orders and controls as the
Authority may deem fit to give to them.
(3) The Authority shall also appoint such other officers and
employees as the Authority may from time to time deem necessary
in order to carry out its functions under this Act.
(4) The Authority shall also appoint one of its officers to act as
secretary of the Authority. The secretary shall have the duty of
calling meetings and keeping minutes and such other duties as the
  10      CAP. 356. ]                DEVELOPMENT PLANNING
Chairman may delegate to him.
(5) The officers and employees of the Authority shall be
appointed on such terms and conditions as the Authority may from
time to time, after consultation with the office of the Prime
Minister, determine. 
(6) The Prime Minister may, at the request of the Authority,
direct that any public officer shall be detailed for duty with the
Authority in such capacity and with effect from such date as may be
specified in the order; and in any such case the provisions of the
Second Schedule to this Act shall have effect with respect to any
public officer so detailed.
(7) The Authority may, with the approval of the Prime
Minister, offer to any public officer detailed for duty with the
Authority under this article permanent employment with the
Authority at a remuneration and on terms and conditions specified
in the offer.
Cap. 93.
(8) Every public officer who accepts permanent employment
with the Authority offered to him under this article shall, for all
purposes other than those of the Pensions Ordinance, cease to be in
the service of the Government and shall enter into service with the
Authority with effect from the date of his acceptance of the offer,
or such later date agreed between him and the Authority; and for
the purposes of the said Ordinance service with the Authority shall
be deemed to be service with the Government within the meaning
thereof.
Financial 
provisions.
7. (1) The Authority shall be endowed with an initial capital
of five hundred thousand liri which shall be paid by the
Government out of the Consolidated Fund, without further
appropriation other than this Act, by warrant under the hand of the
Minister responsible for finance authorising the Accountant
General to make the payment.
(2) Thereafter the Authority shall be paid out of the
Consolidated Fund such sums as the House of Representatives may
approve.
(3) The Authority shall cause to be prepared in each financial
year, and shall not later than six weeks after the end of such year,
adopt estimates of the income and expenditure of the Authority for
the next following financial year:
Provided that, in respect of the first financial year, the
Authority shall prepare and adopt estimates not later than twelve
weeks from the coming into force of this Act.
(4) The estimates shall be made in such form and shall contain
such information and such comparisons with previous estimates as
the Minister may direct.
(5) A copy of the estimates of the Authority shall, upon their
adoption by the Authority, be sent forthwith to the Minister.
(6) The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of the estimates of the
                         DEVELOPMENT PLANNING [ CAP. 356.        11
Authority, or, if at any time the House of Representatives is not in
session, within eight weeks from the beginning of the next
following session, cause such estimates to be laid before the House
together with a motion that the House approve the said estimates.
One sitting day shall be allotted for the debate in the House on such
motion; and both the motion and the approval of the estimates by
the House may be with or without amendment to the estimates.
(7) No expenditure shall be incurred by the Authority that has
not been approved by the House of Representatives:
Provided that:
( a ) until the expiration of six months from the beginning
of a financial year or until the approval of the
estimates for that year, the Authority may make or
incur expenditure for carrying out its functions under
this Act not exceeding in the aggregate one half of the
amount approved for the preceding financial year;
( b ) expenditure approved in respect of a head or sub-head
of the estimates may, with the approval of the Minister,
be incurred in respect of another head or sub-head of
the estimates;
( c ) if in respect of any financial year it is found that the
amount approved by the House is not sufficient, or if a
need has arisen for expenditure for a purpose not
provided for in the estimates the Authority may adopt
supplementary estimates for approval by the House
and, pending such approval, but subject to its being
given, the Authority may in special circumstances and
with the approval of the Minister, incur the relative
expenditure; and the provisions of this Act applicable
to the estimates shall, as near as practicable, apply to
the supplementary estimates: 
      Provided further that in respect of the first financial year of
the Authority, this subarticle shall apply as if the total expenditure
that may be made or incurred by the Authority until the approval of
the estimates for that year by the House may not exceed one half of
the amount shown in such estimates.
(8) All estimates and supplementary estimates approved by the
House shall, as soon as practicable, be published in the Gazette. 
Accounts and 
audit.
Amended by:
XVI. 1997.8.
8. (1) The Authority shall cause to be kept proper books of
account and other records in respect of its operations and shall
cause to be prepared a statement of accounts in respect of each
financial year. 
(2) The accounts of the Authority shall be audited by an auditor
or auditors to be appointed by it and approved by the Minister:
Provided that the Minister responsible for finance may
require the books and other records of the Authority to be audited
or examined by the Auditor General who shall for this purpose have
power to carry out such physical checking and other verifications,
and may require such information, as he may deem necessary.
  12      CAP. 356. ]                DEVELOPMENT PLANNING
(3) After the end of each financial year, at the same time as a
copy of the estimates of the Authority is forwarded to the Minister
under article 7, the Authority shall cause a copy of the statement of
accounts duly audited to be transmitted to the Minister together
with a copy of any report made by the auditor or auditors on that
statement or on the accounts of the Authority.
(4) The Minister shall cause a copy of every such statement and
report to be laid before the House of Representatives together with
the motion laid before the House under the said article 7.
Annual Report. 9. (1) The Authority shall, not later than six weeks after the
end of each financial year, make and transmit to the Minister a
report of its activities during that year, containing such information
relating to the functions and to the proceedings of the Authority as
the Minister may from time to time require.
(2) The Minister shall cause a copy of every such report to be
laid on the Table of the House of Representatives within two
weeks, or, if at any time the House of Representatives is not in
session, within two weeks from the beginning of the next following
session.
Contracts of supply 
or works.
10. Except with the approval of the Minister granted for
special reasons, the Authority shall not enter into any contract for
the supply of goods or material or for the execution of work or for
the rendering of services, to or for the benefit of the Authority,
which is estimated by the Authority to involve an expenditure
exceeding five thousand liri, except after notice of the intention of
the Authority to enter into such contract has been published and
competitive tenders have been issued.
Exemption from 
tax.
11. The Authority shall be exempt from any liability for the
payment of any tax on income or duty on documents for the time
being in force in Malta.
2. The Planning Consultative Committee
Establishment and 
functions of  a 
Planning and 
Consultative 
Committee.
Amended by:
XXIII. 1997.5;
XXI. 2001.7.
12. (1) There shall be a committee, to be known as the
Planning Consultative Committee, consisting of such number of
persons as may from time to time be appointed by the Prime
Minister after consultations with such organisations representative
of various aspects of life in Malta as he may deem appropriate. The
Prime Minister shall also appoint the chairman of the Consultative
Committee.
(2) The functions of the Consultative Committee shall be to
advise the Government and the Authority on any development plan
or planning policy on which its advice may be sought or to which
the committee believes the attention of the Government or of the
Authority ought to be drawn.
(3) The Consultative Committee shall meet as frequently as
may be necessary, but in no case less frequently than four times in
any calendar year; and subject to the foregoing provisions, the
Consultative Committee may regulate its own procedures. The
Consultative Committee shall report in writing to the Minister and
to the Authority on a quarterly basis about its operations.
                         DEVELOPMENT PLANNING [ CAP. 356.        13
(4) The administrative and technical support as well as any
funds, required by the Consultative Committee, shall be provided
by the Authority out of its own resources.
3. The Development Control Commission
Establishment and 
functions of the 
Development 
Control 
Commission.
Amended by:
XXIII. 1997.6;
XXI. 2001.8;
L.N. 47 of 2002.
13. (1) There shall be a commission, to be known as the
Development Control Commission, which may have such number
of divisions as the Prime Minister may by order in the Gazette
prescribe. Each division shall deal with such types of applications,
not being specific to a geographical area, as the Minister may after
consulting the Authority prescribe:
Provided that no two divisions thereof shall deal with the
same types of applications.
(1A) Each division of the Commission shall be appointed by the
Prime Minister and shall consist  as follows:
( a ) a chairman appointed by the Prime Minister;
( b ) three persons appointed by the Prime Minister; and
( c ) three persons appointed by the Authority.
(1B) The Authority shall transmit to the chairmen of all the
divisions of the Commission a copy of the agenda, minutes and
relative enclosures of its meetings for their information. The
Chairmen of the divisions of the Commission, unless they happen
to be members of the Authority in terms of article 3, shall be
invited to attend the meetings of the Authority but shall have no
right to vote during the Authority’s meetings.
(2) Subject to subarticle (1) and to article 36A, the functions of
the Commission shall be such of the functions of the Authority with
respect to development control, including enforcement, as the
Authority may from time to time delegate to it and require it to
perform, subject to such conditions as the Authority may deem
appropriate.
(3) The decisions of the Commission including any
development permission issued by it, shall be deemed to be, and
shall have the same force and effect as the decisions of the
Authority, except in respect of matters which the Authority
expressly reserves to itself or requires to be referred to it for
determination, and the expression "decision of the Authority"
wherever it appears in this Act, shall be construed accordingly.
(4) The decisions of the Commission shall only be binding if
they are supported by the votes of not less than four of its members;
and they shall be published as soon as practicable after the meeting
at which they are taken and in any case not later than the sitting
next following that sitting.
(5) The meetings of the Commission shall be open to the
public, subject to the power of the Commission to exclude any
member of the public if it deems it necessary so to do for the
maintenance of order. Furthermore the participation of the public
on any matter under consideration by the Commission shall only be
allowed at the discretion of the Commission and, if so required by
  14      CAP. 356. ]                DEVELOPMENT PLANNING
it, subject to prior arrangements. At the request of any member of
the Commission, the deliberations of the Commission shall be held
in private but every vote shall be conducted in public. No secret
vote shall be allowed. Where the Commission votes against a
recommendation made by the Director, the Chairman of the said
Commission shall register in the relevant file the specific planning
reasons adduced by the members of the Commission who did not
agree with the Director’s recommendation.
(6) When the Commission puts off a decision on an application
either when the applicant is required to amend his proposal, in
which case the Commission shall give reasons for such a request, or
for the furnishing of further information, in which case the
Commission shall give reasons for requiring such further
information, the Commission shall, unless there shall be mutual
agreement between the Commission and the applicant on an
extended period, during the meeting establish the date for the next
sitting for the determination of the application, such date being not
later than three weeks from the date of the meeting,
(7) Subject to the foregoing provisions, and to any rules that
may be prescribed by the Authority, the Commission may regulate
its own procedures.
(8) The staff of the Commission shall consist of officers and
employees of the Authority detailed to service the Commission;
and the Authority shall further provide the Commission, out of its
own resources, with such other support as the Commission may
reasonably require to carry out its functions.
(9) The Commission may at any time draw up reports, which
shall be discussed by the Authority -
( a ) on any issue relevant to planning, including on any
application;
( b ) concerning the development control process; and
( c ) on any subject which should be addressed by the
Authority by means of a new planning policy or an
amendment to an existing one.
4. The Planning Appeals Board
Establishment of 
the Appeals Board.
Amended by:
XXIII. 1997.7.
14. (1) There shall be a board, to be known as the Planning
Appeals Board, consisting of a lawyer, who shall preside, a person
versed in planning and another person each of whom shall be
appointed by the President, acting on the advice of the Minister.
(2) The President, acting on the advice of the Minister, may
also appoint panels of members and in such case the composition of
the Board for any one or more appeals to be heard by it shall be the
responsibility of the secretary to the Board who shall, as far as is
practicable, determine such composition on the basis of rotation.
(3) A member of the Board shall be disqualified from hearing
an appeal in such circumstances as would disqualify a judge in a
civil suit; and in any such case the member shall be substituted by
another person either appointed for the purpose by the President
                         DEVELOPMENT PLANNING [ CAP. 356.        15
acting on the advice of the Minister or chosen from the appropriate
panel so appointed.
(4) The members of the Board shall hold office for a period of
three years, and shall be eligible for reappointment.
(5) A member of the Board may be removed from office by the
President acting on the advice of the Minister, on grounds of gross
negligence, conflict of interest, incompetence, or acts or omissions
unbecoming a member of the Board.
Functions and 
procedure of 
Appeals Board.
Amended by:
XXIII. 1997.8;
VI. 2001.22;
XXI. 2001.10;
VI. 2002.57.
15. (1) Subject to article 32A(4) and to article 47(4), the
Appeals Board shall have jurisdiction to:
( a ) hear and determine all appeals made by a person
aggrieved, other than an interested third party, by any
decision of the Authority on any matter of
development control, including the enforcement of
such control;
( b ) exercise such functions as are vested in it in terms of
article 27(2)( j ) and article 29A(4), of article 29B(4),
articles 29C(4) and (5) and article 31(3);
( c ) hear and determine appeals made in terms of article
39A(3), article 40(4), article 46(9), article 48(4),
article 55B(3), article 58(1), and article 61(7);
( d ) 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 32(5) 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
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 32(5) and it is acting in the
interests of the locality,
(iv) an interested third party shall submit reasoned
grounds based on planning considerations to
justify his appeal.
Cap. 12.
(2) The decisions of the Board shall be final. An appeal shall
lie to the Court of Appeal constituted in terms of article 41(6) of
the Code of Organization and Civil Procedure from such decisions
only on points of law decided by the Board in its decision. An
appeal from a partial decision of the Board may only be filed
together with an appeal from the final decision of the Board..
  16      CAP. 356. ]                DEVELOPMENT PLANNING
(3) The decisions of the Board 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 Board shall be delivered in public and shall be
published as soon as practicable after the sitting at which they are
given.
(4) Where a hearing is held by the Board, advance notice of not
less than fourteen days shall be given of the first sitting of the
Board to the parties in such manner as the Board may deem
appropriate or as may be provided in the Third Schedule:
Provided that in cases of urgency the said time limit of
fourteen days may be abridged by order of the Board if the Board is
satisfied that the party requesting urgency has given a valid reason
in writing therefor.
(5) The sittings of the Board shall be open to the public, subject
to the power of the Board to exclude any member of the public if it
deems it necessary so to do for the maintenance of order.
(6) The Board may require any department or agency of the
Government to provide the Board with such information or advice
as the Board may deem necessary for the proper execution of its
functions.
(7) The Board shall have an administrative secretariat
independent from the Authority, consisting of a secretary and such
other officers or employees as may be necessary for a prompt and
efficient determination of the matters within the Board’s
jurisdiction. The secretary shall be appointed by the Minister and
the other members of the secretariat shall be chosen and appointed
by the secretary.
(8) Without prejudice to the provisions of subarticle (7), the
funds required by the Board for the performance of its functions
shall be provided by the Authority.
(9) Subject to the above and to article 37(1), appeals to the
Board and the conduct of the business of the Board shall be made in
accordance with the rules contained in the Third Schedule to this
Act; and in the absence of such rules on any matter, the Board may
regulate its own procedure.
(10) ( Deleted by Act VI.2002.57 ).
Cap. 319.
(11) Where judicial proceedings are instituted against the Board
before a court of civil jurisdiction, other than those in terms of
subarticle (10), the Secretary shall represent the Board 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 Board by any court.
(12) The Appeals Board, if it decides to grant a development
permission, may impose a penalty, the payment of fees and
contributions and other conditions, which the Authority may
impose when granting a development permission; and the Board
shall ensure that it complies with the provisions of article 33(1) and
(2) in reviewing decisions of the Authority.
                         DEVELOPMENT PLANNING [ CAP. 356.        17
(13) When the Appeals Board modifies a decision taken by the
Authority and orders the issue of a development permission, the
Authority shall, unless an appeal has been lodged to the Court of
Appeal (Inferior Jurisdiction) from the Board’s decision, issue the
permission within one month from the Board’s decision, or, if in
the Board’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 Board in
its decision.
Call in procedure.
Added by:
XXI. 2001.11.
15A. (1) Where an appeal is lodged by an applicant or by an
interested third party from any decision of the Authority referred to
in article 36A or from any decision of the Authority or of the
Commission concerning an application submitted by a department
of government or a body corporate established by law, the
Secretary of the Appeals Board 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 Appeals Board to
proceed with the determination of the appeal or decide to refer the
application to Cabinet for determination.  Where the Minister does
not decide to refer an application to Cabinet 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 Appeals Board for
its decision.
(2) The Minister may refer to Cabinet applications called in by
him in terms of subarticle (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 Cabinet an
application called in by him, he shall request the Appeals Board to
draw up its recommendation on that application after having heard
the parties and the Appeals Board shall send its recommendation on
that particular application to the Minister who shall refer it to
Cabinet. Such recommendation shall be available to the public.
(4) The Cabinet Secretary shall, within fifteen days from the
date of such decision, communicate Cabinet’s decision to the
Authority together with the reasons in justification thereof and the
Authority shall comply therewith, publish Cabinet’s decision in
  18      CAP. 356. ]                DEVELOPMENT PLANNING
such manner as it may deem fit or as it may be prescribed and shall
communicate Cabinet’s decision to the parties within fifteen days
from the receipt of such decision.
5. Common Provisions
Members of the 
Authority etc., to 
be deemed public 
officers for certain 
purposes. 
Cap. 9.
16. For the purposes of the Criminal Code and of any provision
of a penal nature in any other law, the members of the Authority
and of any committee, board, commission or other body established
by this Act, and every officer or employee thereof, shall be deemed
to be and be treated as a public officer.
Inspections.
Added by:
XXI. 2001.12.
16A. Without prejudice to the provisions of article 50, for the
purposes of carrying out their functions under this Act, the Board
of the Authority, the Commission, the Appeals Board and such
officer or committee as may be authorised by the Authority for this
purpose shall have the right to enter any premises, public or
private, at all reasonable time, and in the case of a dwelling house
after giving previous notice of at least forty-eight hours and not
before nine o’clock in the morning or after seven o’clock in the
evening, and whosoever obstructs such entry shall be guilty of an
offence against this article and be liable, on conviction, to a fine
( multa ) of not less than one hundred liri and not more than two
thousand liri.
Publication of 
names of members 
of the Authority, 
etc.
17. The names of all the members of the Authority, and of any
committee, board, commission or other body established by this
Act, including the panels from which the Appeals Board is
constituted, and any other change in such membership shall be
published in the Gazette. 
6. Users’ Committee
Establishment and 
functions of the 
Users’ Committee.
Added by: 
XXIII. 1997.9.
17A. (1) There shall be a Committee, to be known as the
Users’ Committee, which shall consist of not less than seven and
not more than eleven members being not more than one
representative from each of the interested national constituted
bodies recognized by the Minister for the purpose of this article.
The Users’ Committee shall be autonomous from the Authority and
shall be appointed by and be responsible to the Minister to whom it
shall report at least every six months, or earlier as the need arises.
(2) The Users’ Committee shall supervise the general functioning
of the Authority particularly to ensure, in the interest of the general
public an expeditious and fair process and transparency and
uniformity in the Authority’s decisions and acts. For these purposes
the Users’ Committee shall monitor the running of the Authority
and shall propose, to the Authority or the Minister as the case may
be, such changes to administrative processes and practices as it
may deem appropriate.
Standing 
Committee on 
Development 
Planning.
Added by:
XXI. 2001.14.
17B. (1) There shall be a Standing Committee on Development
Planning which shall consist of five members, one of whom shall
be the Minister, who shall also be the Committee’s Chairman, and
four other members appointed by the House, of whom two shall be
members supporting the Government and the other two shall be
members from the Opposition.
                         DEVELOPMENT PLANNING [ CAP. 356.        19
(2) Any development plan referred to the House of
Representatives in terms of this Act shall be first referred to the
Standing Committee. The Standing Committee shall review any
such plan referred to it as aforesaid and shall recommend to the
House whether the plan should be approved, with or without
amendments, or rejected. The Standing Committee may also
discuss any report referred to it by the Minister relating to the
structure plan or any review thereof.
(3) When notice of a motion, as is referred to in article 22(2), is
given by the Minister, that motion shall be referred to the Standing
Committee of the House, and the said Standing Committee shall
discuss the said motion and report thereon to the House.
(4) Not later than one month after a notice as is referred to in
subarticle (3) has been referred to the Standing Committee of the
House, the said Standing Committee shall discuss the structure plan
or any review thereof, and shall, not later than one month after the
said plan or review thereof has been referred to it, report thereon to
the House:
Provided that where the said Standing Committee fails to
report to the House within the said period of one month, the House
may pass on to discuss the motion.
(5) Where the report of the Standing Committee on a motion is
unanimous, the House shall proceed to vote on such motion and on
any amendments that are proposed in the said report without
debate.
The Audit Officer.
Added by:
XXI. 2001.14.
17C. (1) There shall be an Audit Officer appointed by the
Authority with the concurrence of the Minister after consulting
with the Standing Committee and who shall review all the functions
and workings of the Authority.
(2) The Audit Officer shall investigate, either on his own
motion or following a complaint received by him, the functions and
working of the Authority. The Audit Officer may suggest to the
Authority what redress, if any, should be given.
(3) The Audit Officer shall transmit a copy of all reports drawn
up by him to the Board of the Authority. He shall draw up an annual
report which shall be published in its entirety as part of the
Authority’s annual report.
(4) The Authority shall transmit a copy of all the reports drawn
up by the Audit Officer to the Minister and shall inform him of any
action taken by it in connection with the Audit Officer’s reports and
where no such action as recommended by the Audit Officer is
taken, it shall inform the Minister of the reasons why no such
action is taken.
(5) The Authority and the Director shall provide all reasonable
assistance to the Audit Officer as he may require.
(6) The Authority and the Director shall permit the Audit
Officer to view and copy all files and any other documentation in
their possession.
  20      CAP. 356. ]                DEVELOPMENT PLANNING
(7) The Audit Officer shall in drawing up the reports referred
to in this article, act in his individual judgement and shall not be
subject to the direction of any other person or authority.
Inter-departmental 
Planning 
Committee.
Added by:
XXI. 2001.14.
17D. (1) There shall be a Committee, to be known as the
Interdepartmental Planning Committee, consisting of one
representative of each department of the Government or body
corporate established by law as the Prime Minister may from time
to time declare to be a department or body corporate relevant to
planning. The permanent secretary in the Office of the Prime
Minister, or his representative, shall be  ex officio  Chairman of the
said Inter-departmental Committee. Where at any time the
departments falling under the responsibility of the Prime Minister
are not under the supervision of a permanent secretary or are under
the supervision of more than one permanent secretary, the
Chairman of the said Interdepartmental Committee shall be such
public officer, or as the case may be, such permanent secretary as
may be indicated by the Prime Minister.
(2) The Inter-departmental Planning Committee shall monitor
the implementation of the functions conferred upon a department of
the Government or a body corporate under this Act or under any
development plan or planning policy. 
(3) The said Committee shall co-ordinate the workings of the
said departments and bodies corporate in performing their
functions as aforesaid and shall also advise and assist them. The
Authority shall provide the Interdepartmental Committee with such
assistance which the latter might require in the execution of its
functions in terms  of this Act.
(4) The Authority shall keep the Inter-departmental Planning
Committee informed of the performance of departments of
government and bodies corporate in replying to requests for
consultations by the Authority.
(5) The Minister may make regulations to regulate the
procedure to be followed by the Inter-Departmental Planning
Committee.
PART III
DEVELOPMENT PLANNING
1. The Structure Plan
The Structure plan 
and its preparations 
or review.
Amended by:
XXIII. 1997.10;
XXI. 2001.15.
18. (1) The Authority shall prepare a structure plan and shall
not later than one year from the coming into force of this Act
submit it to the Government for consideration and approval as
provided in the following provisions of this Part of this Act.
(2) The structure plan shall be a written statement 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.
                         DEVELOPMENT PLANNING [ CAP. 356.        21
(3) The Authority shall monitor the structure plan 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 structure plan as may be approved by Cabinet and
take effect as provided in the following provisions of this Part of
this Act.
(3A) Notwithstanding the provisions of subarticle (3), the
structure plan 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
of this Act. Such a partial review of the structure plan 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.
(3B) Cabinet may approve a statement of goals and objectives to
be achieved by a partial review of the structure plan, and, or, a
proposal together with a planning 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 planning position statement. When the Authority
receives that statement of goals and objectives and, or, the proposal
and planning position statement, it shall conform with the
procedure laid down in subarticles (4) 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 subarticle (3A) and of article 19 shall apply. If the
Authority disagrees with the Minister’s proposal or with his
planning position statement, it shall prepare its planning position
statement indicating the changes that it proposes or its reactions
thereto. The Minister shall then conform with the provisions of
article 22 and, for the purposes of article 22(1), the expression
''representations'' shall include the Auhtority’s planning position
statement.
(4) For the preparation or review of the structure plan 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 ) the size, composition and distribution of the
population;
( b ) the agricultural, industrial, commercial, touristic and
other 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 man-
made resources;
  22      CAP. 356. ]                DEVELOPMENT PLANNING
( h ) such other matters as may be required by the
Government or which may be deemed necessary by the
Authority.
(5) In preparing or reviewing the structure plan, the Authority
shall have regard to:
( a ) the current economic policies affecting development;
( b ) the policies of the Government with respect to the
matters set out in subarticle (4);
( c ) the resources likely to be available for the
implementation of the plan.
(6) During the preparation or review of the structure plan 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.
Cap. 322.
(7) In the preparation of the structure plan the Authority may
take over or adopt any surveys or other work carried out or done in
the preparation of a structure plan under the Building Permits
(Temporary Provisions) Act, repealed by this Act.
(8) A partial review of the structure plan which is necessitated
by the adoption of or an amendment to a subsidiary plan need not
comply with the provisions of subarticles (4) and (5) 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.
Publication of the 
structure plan or its 
reviews.
Amended by:
XXI. 2001.16.
19. (1) When the structure plan 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 structure plan, 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 subarticle (2), be referred
to the Minister.
(4) The Minister may refer back the structure plan or review
thereof to the Authority where he does not agree with the structure
plan or any review thereof and he shall prepare a planning position
statement stating the changes he proposes to it or his reactions to
the structure plan or review thereof.
Assessment of plan 
or review by Panel.
20. Deleted by: XXI. 2001.17.
Where plan or 
review is referred 
back.
21. Where the structure plan, 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.
                         DEVELOPMENT PLANNING [ CAP. 356.        23
Final consideration 
and approval of 
plan or review.
Amended by:
XXI. 2001.18.
22. (1) At the conclusion of the procedures set out in the
foregoing provisions, the structure plan, and any review thereof,
shall be considered by the Cabinet together with the Minister’s
planning position statement and the representations made with
respect to the plan or its review. 
(2) Subject to article 17B(2) to (4), the Minister shall then
cause the structure plan or a review thereof as originally prepared,
or as revised, by the Authority, together with the Minister’s
planning position statement, to be laid before the House together
with a motion for a resolution that the structure plan be approved
by the House, with such amendments, if any, as may be specified in
the resolution.
(3) The structure plan 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 structure plan or
its review, the expression structure plan and any reference to a
review thereof means the structure plan, and any review thereof, as
approved by the House of Representatives:
Cap. 322.
Provided that if at the date of commencement of this Act
there is a structure plan prepared under the Building Permits
(Temporary Provisions) Act, and approved by the House of
Representatives, such structure plan, as so approved, shall be the
structure plan, and shall be treated as if it were the structure plan
prepared by the Authority under this Act, for all the purposes
thereof, and as if all the provisions of this Act relative to the
preparation, consideration and submission of the structure plan had
been complied with.
Substituted by:
XXI. 2001.19.
2. Subject Plans, Local Plans, Action Plans
and Development Briefs
Subsidiary plans.
Amended by:
XXI. 2001.20.
23. Where the Authority considers that for the proper and
effective management of development it is necessary to prepare
more detailed proposals than can be appropriately embodied in the
structure plan, the Authority may prepare such subsidiary plans,
that is to say subject plans, local plans, action plans and
development briefs, as appears to it to be necessary.
Subject plans.
Amended by:
XXI. 2001.21.
24. (1) A subject plan is a plan which deals with a policy or
matter which is contained in the structure plan but which requires
for its implementation a more detailed specification than is
contained in the structure plan.
(2) A subject plan shall consist of a written statement
supported by such maps and diagrams as may be considered
necessary.
(3) Except as otherwise stated in the plan, a subject plan shall
apply to all relevant areas of the structure plan, whether or not such
areas are also covered by a local plan, an action plan or a
development brief.
Local plans.
  24      CAP. 356. ]                DEVELOPMENT PLANNING
any area where the Authority considers that the rate of development
or re-development cannot be satisfactorily managed, or where
special factors cannot be taken into account solely on the basis of
the structure plan.
(2) A local plan shall consist of a map or maps of a suitable
scale supported by a written statement and by such diagrams as
may be necessary.
Action plans.
Amended by:
XXI. 2001.22.
26. (1) An action plan is made by the Authority for -
( a ) an area where the Authority considers that it has to pay
particular attention in order to better manage the rate
of development or re-development or where special
factors have to be taken into account which otherwise
cannot be taken; or
( b ) an area where a department or an agency of the
Government intends to carry out, or cause to be carried
out by agreement with the private developer,
substantial development on its own land or on land it
intends to acquire by agreement or by compulsory
purchase.
(2) An action plan may form part, or be the whole of, a local
plan.
(3) In addition to the information required to be contained in a
local plan, an action plan made in terms of subarticle (1)( b ) shall
also show the land which is in public ownership and the land which
is intended to be brought into public ownership.
Development brief.
Added by:
XXI. 2001.23.
26A. (1) A development brief is a document setting out
detailed planning guidance for the development of a specific site or
small area where the Authority considers such guidance is
necessary to secure proper and orderly development of that site or
area, or to implement a policy or policies in a development plan.
(2) A development brief shall consist of a written statement
supported by such maps and diagrams as may be considered
necessary. 
(3) A development 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 ) tenure of the site;
( d ) services and infrastructure;
                         DEVELOPMENT PLANNING [ CAP. 356.        25
( e ) the format and content of submission requirements;
( f ) any other information which may be relevant to the
site and to the purpose of the development brief.
Procedure for 
subsidiary plans.
Substituted by:
XXI. 2001.24.
27. (1) In the preparation or review of a subsidiary plan the
procedure set out in this article shall be followed with respect to the
subsidiary plan.
(2) Where the Authority prepares a subsidiary plan or a 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,
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 a revision thereof has been
prepared, 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.
The Authority shall invite representations on the plan
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 Temporary Provisions Scheme
Boundary or a development boundary as indicated in a
local plan, the Authority shall publish in the Gazzette
and in two local daily newspapers a notice showing the
land that is to be excluded;
( c ) the Authority shall adopt the subsidiary plan after
taking into consideration all the representations
submitted to it as aforesaid;
( d ) the Authority shall refer the subsidiary plan together
with its planning position statement to the Minister for
his approval. It shall also forward to the Minister the
statement of representations and the responses it has
made to those representations and all the relative
documentation and studies in relation to the
preparation of the subsidiary plan;
( e ) 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 paragraph
( d ); 
( f ) where the Minister does not agree with the subsidiary
plan as adopted by the Authority he shall prepare a
planning 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 planning position
statement; where in such a subsidiary plan or revision
  26      CAP. 356. ]                DEVELOPMENT PLANNING
thereof it is proposed that any land be excluded from a
Temporary Provisions Scheme Boundary or a
development boundary as indicated in a local plan, the
Authority shall publish in the Gazzette and in two
local daily newspapers a notice showing the land that
is to be excluded;
( g ) 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 planning position
statement and shall refer it back to the Minister;
( h ) the Minister shall then issue a final planning position
statement. He  shall forthwith communicate it to the
Authority which shall forthwith amend the subsidiary
plan in accordance with the Minister’s final planning
position statement and submit the same for the
Minister’s final approval. Upon such approval the
Authority shall publish the subsidiary plan together
with its own planning position statements and those of
the Minister together with the advice of the Appeals
Board given in terms of paragraph ( j ), if any, and
together with the statements, responses,
documentation and studies referred to in paragraph
( d );
( i ) where the subsidiary plan or any part thereof extends
the scope of or is in conflict with the structure plan,
the Minister shall comply with the provisions of
articles 18 to 22 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 structure plan shall come into
force on the date of approval by the Minister;
( j ) 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 planning 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 Appeals Board, provided that where the
Authority is of the opinion that the Minister’s final
planning position statement extends the scope of or is
in conflict with the substance of the structure plan, it
may refer the matter to the Appeals Board within one
month from the date of receipt of the Minister’s final
planning position statement. The Appeals Board 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.
Review of 
subsidiary plans.
Substituted by:
XXI. 2001.25.
28. (1) Every subsidiary plan shall be reviewed as frequently
as may be necessary or as may be made necessary by a review of
the structure plan:
Provided that a subsidiary plan may not be reviewed before
                         DEVELOPMENT PLANNING [ CAP. 356.        27
the lapse of two years from its last review unless such review is
necessitated by a review of the structure plan.
(2) Where as a result of such a review the Authority proposes
to alter a plan in any significant respect, or where it is proposed
that a plan be withdrawn, any such proposal shall be subject to the
same procedures, and shall be treated, as a new plan.
(3) Minor modifications not affecting the substance of the plan
may be carried out by the Authority 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 Temporary
Provisions Scheme boundary or a development boundary indicated
in a local plan.
(4) For the purpose of subarticle (3), the following shall be
considered to constitute minor modifications:
( a ) changes in the alignment of roads and buildings in a
Temporary Provisions Scheme or 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 subarticle (4)( a ), the provisions of article 32 shall apply
mutatis mutandis  to such a modification.
(6) Where the Authority is considering a minor modification in
terms of subarticle (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 27(2)( a ) to ( j );
( 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 29C(4) and (5) shall also
apply.
(7) No appeal from a decision concerning a minor
modifications application shall lie to the Appeals Board.
(8) Minor modifications to a plan shall be carried out as
aforesaid and in accordance with such procedures as the Minister
after consultation with the Authority may prescribe.
Subsidiary plans in 
the absence of 
structure plan.
29. (1) If at any time or for any location a structure plan is not
in force or does not exist, the Authority may prepare a subsidiary
plan or plans, but any such plan shall only become operative if it is
  28      CAP. 356. ]                DEVELOPMENT PLANNING
prepared and approved in the same manner as a structure plan or, if
a structure plan is in operation, the subsidiary plan may be adopted
by the Authority as being within its scope and not in conflict
therewith.
Cap. 322.
(2) Without prejudice to the provisions of article 63, pending
the preparation and approval of the structure plan, or, if a structure
plan made under the Building Permits (Temporary Provisions) Act
is in force, pending the preparation and adoption or approval of
subsidiary plans, the Authority may adopt any subsidiary plans
prepared under the Act aforesaid and in force at the commencement
of this Act; and upon such adoption such subsidiary plans shall be
treated as plans of the Authority approved as required by this Act.
Added by:
XXI. 2001.26.
3. Planning Policies not contained in a Development Plan and 
Preparation of a Subsidiary Plan or a Planning Policy
Planning Policy 
not contained in a 
Development Plan 
prepared by the 
Authority.
Added by:
XXI. 2001.27.
29A. (1) Where the Authority considers that for the proper and
effective management of development or for the proper
development of land and sea it is necessary to prepare more
detailed policies and design guidance other than those already
contained in a development plan, the Authority may prepare and
adopt such planning policies as it considers appropriate subject to
the provisions of this article.
(2) Such planning policies shall be in a form which the
Authority considers appropriate to the subject matter, and may be
supported by such maps, diagrams, drawings and illustrations as
may be considered necessary by the Authority.
(3) A planning policy shall be in conformity with all
development plans and may elaborate or provide further guidance
on the detailed policies or proposals contained in the said
development plans.
(4) When the Authority adopts a planning policy (be it a new
planning policy or a revision of an existing planning policy) not
contained in a development plan, it shall refer it to the Minister for
his approval and the procedure mentioned in article 27(2)( a ) to ( j )
shall  mutatis mutandis  apply:
Provided that where minor modifications not affecting the
substance of the planning policy are being proposed, the period
mentioned in article 27(2)( b ) shall be a period of not less than three
weeks.
Request by 
Minister to the 
Authority to 
prepare a 
subsidiary plan or a 
planning policy not 
contained in a 
Development Plan.
Added by:
XXI. 2001.27.
29B. (1) The Minister may request the Authority to make a
subsidiary plan or a planning policy on any particular matter. 
(2) He may also request the Authority to review a subsidiary
plan or a planning policy which is already in force.  The Minister
shall send to the Authority the reasons for making such a request
together with a statement of goals and objectives to be attained by
the subsidiary plan or planning policy or a revision of such plan or
policy.
(3) The Minister shall inform the Authority in writing of his
request made in terms of the preceding subarticles of this article.
                         DEVELOPMENT PLANNING [ CAP. 356.        29
(4) The provisions of article 27(2) shall apply  mutatis mutandis
to such a subsidiary plan, a planning policy or a review of such plan
or such policy:
Provided that where minor modifications not affecting the
substance of a planning policy are being proposed, the period
mentioned in article 27(2)( b ) shall be a period of not less than three
weeks.
(5) If the Authority, upon a request by the Minister in terms of
subarticle (1), informs the Minister, within thirty days of receipt of
such a request, that it is unable, for whatever reason, to prepare
such a subsidiary plan or planning policy, the Minister shall
instruct the Authority to delegate such functions in terms of article
5(4) with regard to that particular subsidiary plan or planning
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 
subsidiary plan, 
planning policy or 
revision thereof.
Added by:
XXI. 2001.27.
29C. (1) Where the Authority is unable to prepare a subsidiary
plan or planning policy or fails to delegate such function as is
envisaged in article 29B(5), the Minister shall request any person,
other than the Authority, to prepare on his behalf a subsidiary plan
or a planning 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
subsidiary plan or a planning 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 subsidiary plan, planning 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 27(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 subsidiary plan, planning policy or a revision thereof
after taking into consideration the representations he may have
received in terms of article 27(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 27(2)( d ) to ( j ) 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 planning
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 planning
position statement to the Minister; and the provisions of article
27(2)( g ) to ( j ) shall  mutatis mutandis  apply.
(6) The subsidiary plan, planning policy or the revision of such
plan or policy shall only be prepared by an environmental or spatial
  30      CAP. 356. ]                DEVELOPMENT PLANNING
planner having such qualifications as the Minister may prescribe.
PART IV
DEVELOPMENT CONTROL
1. Requirement of permission to develop land
Developments to 
require permission.
Substituted by:
XXIII. 1997.11.
Amended by:
XXI. 2001.28.
30. (1) Subject to the provisions of this article and to the
following provisions of this Part of the Act, no development shall
be carried out after the coming into force of this Act except with
the permission of the Authority, in this Act referred to as
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
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 maintenance operations shall not
include demolition and rebuilding works, irrespective
of where such demolition and rebuilding works are
carried out;
( b ) internal alterations to a building which do not affect
the external configuration of appearance thereof and
comply with any regulations made under article 60;
( c ) 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
( d ) 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
                         DEVELOPMENT PLANNING [ CAP. 356.        31
( b ) the deposit of refuse or waste 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 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.
Development 
order.
Amended by:
XXIII. 1997.12;
XXI. 2001.29.
31. (1) The Authority in consultation with the Chamber of
Architects may make orders regulating development, including any
notification thereof, or any aspect thereof, in such circumstances
and under such conditions as may be specified in the order, being
development within the scope of, and not in conflict with, the
proposals contained in the structure plan.
(2) A development order shall be published in the Gazette and
shall have effect from the date specified or indicated therein. The
development or any aspect thereof regulated by such an order shall
be called "exempt works".
(3) The provisions of article 27(2)( j ) shall apply to a
development order as they apply to subsidiary plans.
(4) A   development order shall include works of a relatively
minor nature such as internal works, minor additions to existing
buildings, minor variations during construction, repairs to
dangerous structures, and reconstruction of damaged buildings
which repairs and reconstruction are to be carried out in the
existing style or according to development plans or planning
policies.
(5) Copies of development orders shall be readily accessible to
the public by the Authority on the payment of the prescribed fee.
(6) The Authority in consultation with the Chamber of
Architects shall periodically review development orders to
minimise the development requiring the Authority’s permission.
(7) Works carried out under development orders, under the
supervision of a person holding a warrant of  perit  or under the
supervision of such other persons who are competent for the
purpose as the Minister may by regulations prescribe and where
required in the order are to be notified in writing to the Authority.
(8) A development order may regulate:
( a ) development described as permitted development in a
development order which does not require that written
notification of such development be given to the
Authority;
( b ) development described as permitted development in a
development order provided that written notification
  32      CAP. 356. ]                DEVELOPMENT PLANNING
of such development is to be given to the Authority;
( c ) development described as permitted development in a
development order provided that written notification
of such development is to be given to the Authority
and the Authority has endorsed such development as
being permitted development.
(9) No new development in terms of a development order may
be carried out on a site if on the said site there exists illegal
development of whatever nature unless that new development is
one which the Minister may prescribe and which is covered by a
development order as mentioned in subarticle (8)( a ) and ( b ).
Application for 
development 
permission.
Amended by:
XXIII. 1997.13;
XXI. 2001.30.
32. (1) Any person wishing to carry out development, not
being development for which permission is given in a development
order and to be carried out in accordance with the provisions
thereof, shall apply to the Authority for development permission, in
such manner, on such form and giving such information as the
Authority may prescribe.
(2) Any person may also apply to the Authority for a
determination as to whether a proposal constitutes development and
requires development permission.
(3) An applicant for development permission shall certify to
the Authority that he is the owner of the site or that he has notified
the owner of his intention to apply by registered letter of which a
copy has been received by the Authority.
(4) The Authority shall, at the expense of the applicant, cause
the proposal and the name of the applicant to be published in the
local press and advertised by a notice on the site. The Authority
shall be responsible to affix the notice on the site and the applicant
shall be responsible to ensure that the notice remains affixed for a
period of twenty days from the date the notice is so affixed. A copy
of any application and the relative site plan shall be served by the
Authority on the local council in whose locality the development is
being proposed to be carried out. In the case of major projects the
Authority may require the applicant to publicise his application in
such other manner as it may deem necessary. The Minister may
prescribe other methods to provide publicity to an application in
addition to the above.
(5) Any person may, on the basis of issues relevant to planning,
make representations objecting against any development. Such
objection shall be in writing and shall contain a reasoned
justification therefor, and shall be received by the Authority within
a period of fifteen days from the publication of the notice referred
to in subarticle (4), provided that the Authority may for major
projects extend the aforesaid period up to thirty days and in such
case it shall give notice of such extension in the said publication.
Such period may be shortened to seven days in urgent cases as may
be indicated in the publication. The Authority shall consider and
decide on the objection. Any person who has made written
objections to the development as aforesaid shall be informed by the
Authority or the Commission, as the case may be, where fresh plans
                         DEVELOPMENT PLANNING [ CAP. 356.        33
have been filed, if such is the case, and he shall also be invited to
be present at the Authority’s or the Commission’s sitting when such
application shall be discussed.
(6) An application shall be considered as having been  ex lege
suspended if no communication is received from the applicant
within two months from receipt by the said applicant of a notice of
suspension of an application issued by the Authority. The said
notice shall be sent by the Authority to the applicant after the
expiration of a period of two months from the date of service upon
the applicant of a request in writing for further information or for
amended plans was made to him by the Authority, unless the
applicant requests  an extension of time for such information or
amended plans, in which case the period of two months shall be
accordingly extended by two months:
Provided that an application shall be deemed to be
withdrawn if it shall remain suspended for a period of six months
and it is not reactivated by the applicant by notice in writing to that
effect to the Authority giving the information or amended plans
requested by the Authority.
Planning Mediator.
Added by:
XXI. 2001.31.
32A. (1) There shall be such officers, to be known as the
Planning Mediators, whose function shall be to act as a mediator at
the request of an applicant seeking development permission
between the Director and the applicant after the communication by
the Director to the applicant of the application report. The
Authority or the Commission, as the case may be, shall consider
any opinion expressed by the Mediator but they shall not be bound
by it. 
(2) There shall be a panel of Mediators appointed by the
Minister after consultation with the Authority. A Mediator shall be
appointed from among persons versed in planning or in architecture
and civil engineering or in any other discipline relevant to
planning. 
(3) Subject to the foregoing provisions and to any regulations
made under subarticle (5), a Mediator may regulate his own
proceedings.
(4) No appeal shall lie to the Appeals Board in terms of article
15(1)( a ) from anything done by the Mediator.
(5) 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 a Mediator;
( b ) prescribe those types of applications which an
applicant may not refer to a Mediator; 
( c ) prescribe a tariff of fees for services rendered by a
Mediator;
( d ) prescribe the procedure to be followed by the Director
during consultation meetings with the applicant and
his representative;
  34      CAP. 356. ]                DEVELOPMENT PLANNING
( e ) prescribe the procedure to be followed in the
formulation of an application report by the Director.
Development 
permissions.
Amended by:
XXIII. 1997.14;
XXI. 2001.32.
33. (1) In its determination upon an application the Authority
shall -
( a ) apply the following:
(i) development plans, including the height
limitaitons shown in the Temporary Provisions
Schemes or in local plans, unless the limitation
may be modified by applying a planning policy
which deals specifically with the maximum
building height which may be permitted on a
site, which policy shall take into consideration
both the site coverage and the building volume
which may be permitted on a site,
(ii) planning policies:
Provided that subsidiary plans and planning
policies shall not be applied retroactively so as to
adversely affect vested rights arising from a valid
development permission; and
( b ) have regard to:
(i) any other material consideration, including
aesthetic and sanitary considerations, which the
Authority may deem relevant;
(ii) representations made in response to the
publication of the development proposal.
(2) The Authority shall have power to grant or to refuse a
development permission, and in granting such 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, or the Commission, as the case may be,
shall give specific reasons based on existing development plans and
planning policies for such refusal or for any particular conditions
that may have been imposed.
(3) A development permission may be granted for a limited
period or in perpetuity, but shall in all cases cease to be operative if
development has not been completed within five years of its issue,
provided that the Authority may, on the application of the person
holding the development permission, extend the said permission to
such further period or periods as it may consider reasonable.
(3A) In granting a development permission, the Authority may
require the 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.
(4) Except as may be otherwise provided in the permission, a
development permission shall enure 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
                         DEVELOPMENT PLANNING [ CAP. 356.        35
operation. The permission shall automatically pass on to new
owners upon the notification of the transfer of ownership by
registered letter to the Authority.
(5) In granting a development permission, the Authority may
require the applicant to carry out the development in stages. The
Authority shall inform the applicant in the said 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 works carried out; and, if following such an inspection, it is
found that the works have been carried out in terms of the
development permission and approved plans, the Authority shall
authorize the applicant to carry out the next stage of the
development. 
(6) Where the Authority, in the case of major projects,
considers it appropriate to closely monitor specific conditions in a
development permission by appointing a person competent for the
said purpose, it shall do so at the expense of the applicant.
Supplementary 
provisions re 
development 
permissions.
Amended by:
XXIII. 1997.15;
XXI. 2001.33.
34. (1) In any case in which the Authority may under this Act
grant permission to develop land it may grant permission for the
retention on land of any buildings or works constructed or carried
out thereon, or for the continuance of any use of land, without
permission under this Act or after such permission has ceased to be
valid or operative; and references in this Act to permission to
develop land or carry out any development on land, and to
applications for such permission, shall be construed accordingly:
Provided that permission under this subarticle shall not be
granted except on an application for such permission and unless the
applicant or his predecessor in title has:
( 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 by reason of any offence against this Act.
(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
  36      CAP. 356. ]                DEVELOPMENT PLANNING
development permission, demand from the person in whose favour
the permission will be issued, as a condition for the issue of the
development permission, to provide a bond in favour of the
Authority in order to guarantee compliance with the conditions of
the permission once issued, or in order to guarantee payment in
respect of damages which may be caused to the environment or to
the infrastructure. The Authority may, after the issue of a
development permission, if the development is not being carried
out in accordance with the permission, or is otherwise causing
damage to the environment or the infrastructure, demand the said
person in whose favour the permission has been issued, as a
condition for the continuance of the development permission, to
provide a bond in favour of the Authority in order to guarantee
compliance with the conditions of the permission, or in order to
guarantee payment in respect of damages which may be caused to
the environment or to the infrastructure:
Provided that nothing in this subarticle shall be interpreted
as authorizing the Authority to demand a bond in an amount not
commensurate with the nature of the development project:
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 and
the reasons for forfeiting the bond shall be communicated in
writing to the applicant.
Register of 
applications.
Substituted by:
XXIII. 1997.16;
XXI. 2001.34.
35. (1) The Authority shall keep and make available for public
inspection at such reasonable times as it may determine, a register
or registers -
( a ) of all applications for development permission
received by it containing the name of the applicant and
details of the proposal including documents and
detailed plans; and
( b ) of all decisions including documents and detailed
plans made on such applications.
(2) The Authority shall make available for public inspection as
aforesaid -
( a ) the application report of all applications and any
planning report regarding such applications;
( b ) all development permissions issued by the Authority
together with the relative plans and documents,
including the reasons for the grant of such
permissions;
( c ) all environmental impact statements, environmental
planning statements and traffic impact statements:
Provided that for the purposes of this subarticle the
application report and any plans concerning applications which
relate to national security, defence, banks, prisons, the airport and
other institutions or premises whose security it is desirable to
safeguard as the Authority may establish shall not be made
accessible to the public:
                         DEVELOPMENT PLANNING [ CAP. 356.        37
Provided further that for the pusposes of this article, in the
case of a file held by the Authority, the said file shall not be
accessible to the public except for that part of the file containing
the information mentioned in paragraphs ( a ) to ( c ).
(3) No copies shall be given by the Authority of any plans
accompanying any application, other than those contained in an
environmental impact statement or an environmental planning
statement, to any person apart from the applicant or his
representative and, for the purposes of consultation, to any
department or agency of government. 
(4) Copies may be given, on the payment of such fee as may be
prescribed by the Authority, of the application report and of a
development permission (other than the plans attached to such a
permission).
Decisions to be 
taken without 
delay.
Substituted by:
XXIII. 1997.17;
XXI. 2001.35.
36. (1) Subject to the provisions of this article, the Authority
shall take a decision on any application for development which is -
( a ) within a temporary provisions scheme boundary or a
development boundary as indicated in a local plan; and
( b ) in conformity with development plans and planning
policies
not later than twelve weeks after it has validated the application:
Provided that the Authority may extend the said period by
an additional period of twenty-six weeks by posting a registered
letter to the applicant giving the reasons, based on planning issues,
for such an extension.
(2) Notwithstanding the provisions of subarticle (1), where the
Authority, within the original or extended period mentioned in
subarticle (1), has informed the applicant that the application
requires an environmental impact assessment, whether under any
other law, or because of any other consideration, or where a traffic
impact statement is required, or where the Authority requires
consultation with government departments or agencies, or where a
mediator is appointed, or during such period when the Authority’s
offices are closed as the Minister may prescribe, the period taken
for the submission by the applicant of an assessment or statement
acceptable to the Authority, or for a response to be given by
government departments or agencies, or for the formulation by the
mediator of an opinion, or when the Authority’s offices are closed
as stated, shall not, in each case, be considered as forming part of
the original or extended period mentioned in subarticle (1):
Provided that the said period shall not be suspended where
the Authority’s request for the carrying out of such assessments or
statements or for consultations with government departments or
agencies is made later than twenty-eight days prior to the expiry of
the original or extended time mentioned in subarticle (1).
(3) If a government department or agency does not respond in
writing to the Authority not later than four weeks from the date of
receipt of request by the Authority it shall be deemed not to object
to such application.
  38      CAP. 356. ]                DEVELOPMENT PLANNING
(4) The period mentioned in subarticle (1), original or
extended, shall also be suspended during such period until the
applicant, at the Authority’s request, submits amended plans, new
information or a reply to any objection made by the Authority on
any application:
Provided that the said period shall not be suspended where
the Authority’s request for any amended plans, new information or
replies to its objection is made later than fourteen days prior to the
expiry of the original or extended period mentioned in subarticle
(1).
(5) When the original or extended period mentioned in
subarticle (1) has expired, and the Authority has not taken a
decision on the application, the applicant may request the Chairman
of the Board by means of a registered letter that his application be
dealt with in terms of the following subarticles of this article.
(6) ( a ) On receipt of a registered letter mentioned in subarticle
(5), the Chairman of the Board shall first establish
whether the original or extended period mentioned in
subarticle (1) has expired. If the Chairman of the Board
is of the opinion that such is not the case, he shall
inform the applicant accordingly giving reasons
therefor.
( b ) If such period has expired, the Chairman of the Board
shall order the Director to process the application, to
draw up the application report and to refer same to the
Chairman of the Board within five working days from
the date of receipt, by the Chairman of the Board, of
such a letter. 
( c ) When the Chairman of the Board receives the
Director’s report, or, following the lapse of the five
working days mentioned in paragraph ( b ), he shall put
the application on the agenda of the next sitting of the
Authority or of the Commission, as the case may be,
and the Authority or the Commission, as the case may
be, shall determine whether the application conforms to
subarticle (1) during the first sitting or, with the
consent of the applicant, during another sitting and the
provisions of article 13(6) shall not apply.
( d ) If the Authority or the Commission, as the case may be,
decide that the application conforms to subarticle (1),
the Authority or the Commission, as the case may be,
shall forthwith grant the development permission, with
or without conditions as it may deem proper.
( e ) If the Authority or the Commission decide that the
application does not conform to subarticle (1), the
Authority or the Commission, as the case may be, shall
refer the application to the Director for processing
according to law.
( f ) If the application is not brought before the Authority or
the Commission for determination as mentioned in
                         DEVELOPMENT PLANNING [ CAP. 356.        39
paragraph ( c ) or if the Authority or the Commission, as
the case may be, after taking a decision in terms of
paragraph ( d ) fails to issue the permission within four
weeks, the application shall be deemed to have been
approved and the Secretary of the Authority shall
forthwith issue the relative development permission
subject to such standard conditions which are normally
imposed in a development permission.
(7) ( a ) When an application does not fall under subarticle (1),
the Authority shall take a decision on the application
not later than twenty-six weeks after it has validated
the application.
( b ) The provisions of the proviso to subarticle (1), and of
subarticles (2), (3) and (4) shall  mutatis mutandis  apply
to the period of twenty-six weeks mentioned in
paragraph ( a ).
Applications the 
decisions whereof 
cannot be 
delegated.
Added by:
XXI. 2001.35.
36A. The Authority shall not delegate to the Commission or to
any other body or person the determination of the following
applications:
( a ) applications in respect of development of a national or
strategic significance or affecting matters of national
security or other national interests;
( b ) applications in respect of 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.
Appeals from 
decisions of 
Authority.
Amended by:
XXIII. 1997.18.
Substituted by:
XXI. 2001.36.
37. (1) If an applicant considers that conditions imposed upon
a development permission, or a refusal of such a permission, is
unreasonable he may, without prejudice to his right of appeal,
either request the Authority or the Commission, as the case may be,
to reconsider its decision or he may lodge an appeal with the
Appeals Board under article 15. A request for reconsideration shall
not be made concurrently with an appeal. A request  for
reconsideration and an appeal under this subarticle, as the case may
be, shall be made within thirty days of receipt of the decision of the
Authority or of the Commission, as the case may be. Where a
request for reconsideration has been made, an appeal may be made
to the Appeals Board within thirty days of receipt of the decision
taken in the reconsideration.
(2) No reconsideration may be demanded by an interested third
party, even if such interested third party has made written
objections in accordance with the provisions of article 32(5).
(3) During the reconsideration stage, the Authority or the
Commission, as the case may be, may request the applicant to file
fresh plans, in which case the Authority or the Commission, as the
case may be, shall give reasons for such a request provided that the
substance of the development shall not change and any person who
  40      CAP. 356. ]                DEVELOPMENT PLANNING
has made written objections to the development in terms of article
32(5) shall be informed that such fresh plans have been so filed and
shall also be invited to be present at the Authority’s or the
Commission’s sitting, as the case may be, when such application
shall be discussed. Both the applicant and the objectors, if any,
shall be informed of the date and time of the meeting and, if
present, may address the Authority or the Commission, as the case
may be, with regard to the planning matters concerning the said
application. 
(4) The Minister may make regulations to prescribe the
procedure to be followed during the reconsideration stage.
Application for 
development 
permission by 
Government and 
its agencies.
Amended by:
XXI. 2001.37.
38. (1) A department of the Government or a body corporate
established by law shall seek development permission in
accordance with such regulations or rules (if any) as may be
prescribed under article 60; and every proposal by any such
department or body shall be published and made the subject of
public representations in the same manner as a private proposal for
development, or as may be prescribed as aforesaid.
(2) A department of the Government or body corporate as
aforesaid shall not dispose of land, or promise the disposal of land,
for a specified use unless such use has been approved by the
Authority or is allowed under a development plan or a subsidiary
plan.
Applications for 
mining of 
minerals.
39. (1) 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.
(2) 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.
(3) Where the Authority has required a scheme to be submitted
as provided in subarticle (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.
2. Revocation or modification of permission to develop land
Revocation and 
modification of 
development 
permission.
Added by:
XXI. 2001.38.
39A. (1) The Authority 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 order revoke or modify any development
permission granted under this Act, stating in such order its reasons
for so doing; and, prior to deciding to revoke or modify a
development permission in terms of this subarticle, the Authority
shall inform the person who will be affected by its decision of the
date and time of its meeting where the Authority shall also hear the
said person’s submissions if the latter opts to attend.
                         DEVELOPMENT PLANNING [ CAP. 356.        41
(2) For the purposes of subarticle (1) -
''fraud'' means the submission to the Authority of any
information, declaration or plan on the basis of which the Authority
has approved a 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
development permission on the basis of fraud where the fraudulent
information did not have a material bearing on the issuing of the
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 have a right to appeal the Authority’s
decision to the Appeals Board within thirty days from the date of
service of a revocation order or a modification order. 
(4) No compensation shall be payable by the Authority when it
acts under the provisions of subarticle (1) where the reason for the
revocation or a modification of a 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
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 order or the
modification order, 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 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 permission;
Cap. 88.
( 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
  42      CAP. 356. ]                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.
Planning 
obligations.
Added by:
XXI. 2001.38.
40. (1) A planning obligation may be entered into in those
cases where the Authority, in connection with a grant of
development permission, seeks to impose on the applicant for
development permission an obligation -
( a ) to carry out works -
(i) on the land in respect of which development
permission is sought, or
(ii) on any other land or
(iii) on the land mentioned in both sub-paragraphs (i)
and (ii); or
( b ) to make some payment or confer some extraneous
right or benefit,
where the Authority considers that it would be in the interests of
the proper planning of the area. The Authority shall seek to obtain
these benefits or gains by means of conditions attached to a grant of
development permission or by means of a planning obligation
entered into by a public deed made by the applicant for
development permission with the Authority.
(2) Any person interested in land may, by agreement with the
Authority, enter into a planning obligation -
( a ) restricting the development or use of that land in any
specified way;
( b ) requiring specified operations or activities to be
carried out, in, on, under or over that land;
( c ) requiring that land 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 a planning obligation may
be entered into, enforced, modified and discharged;
( b ) establish any restrictions, conditions or the payment of
any sums of money which may be imposed in such
planning obligations; and
( c ) regulate appeals to the Appeals Board made in terms
of subarticle (4).
(4) The applicant and any person interested in land may appeal
to the Appeals Board from a planning obligation entered into in
terms of subarticle (1).
                         DEVELOPMENT PLANNING [ CAP. 356.        43
3. Charges and contributions in respect of development
Charges and 
contributions.
Amended by:
XXI. 2001.39.
41. (1) The Authority shall have power to levy a charge in
respect of any permission to carry out development, 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) A charge made under this article shall be known as the
Development Permission Fee.
Contributions 
towards 
infrastructure.
Amended by:
XXIII. 2000.30.
42. (1) 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 from the
person applying for such permission or carrying out such
development, in accordance with such rates as the Authority may,
with the 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.
(2) A contribution levied under this article shall be known as
the Infrastructure Services Contribution.
(3) The sums collected by the Authority under this article 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:
Cap. 10.
Provided that with respect to contributions leviable by the
Authority on behalf of the Malta Transport Authority 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
Malta Transport Authority 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
Malta Transport Authority 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.
Development to 
commence after 
payment of fee and 
contribution.
43. No development permission shall be granted, and no
development authorised by a development order shall be carried
out, unless and until any fee or contribution payable under articles
41 and 42 has been paid to and received by the Authority; and any
works carried out without such payment having been made and
received shall be deemed to be development carried out without the
permission of the Authority.
Publication of 
charges  and 
contributions.
44. (1) The schedule of charges and the rates of contributions
established under articles 41 and 42, as from time to time in force,
shall be published in the Gazette and shall have effect as so
published.
(2) The charges and contributions levied under the articles
  44      CAP. 356. ]                DEVELOPMENT PLANNING
aforesaid shall be collectively known as the "building levy".
4. Other powers of development control.
Discontinuance or 
removal orders.
Amended by:
XXI. 2001.40.
45. (1) The Authority may, having regard to the development
plans, planning 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 before the commencement of this Act, or
which was started or came into existence after the commencement
of this Act in accordance with a development permission under this
Act, 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.
Scheduled property 
and conservation 
orders.
Amended by:
XXIII. 1997.20;
XXI. 2001.41.
46. (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
as areas of natural beauty, ecological or scientific value (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
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
                         DEVELOPMENT PLANNING [ CAP. 356.        45
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.
(2A) Where the Authority has scheduled property in terms of this
article, it shall register the said property in the index mentioned in
subarticle (2) indicating the said property as having been
scheduled, and the provisions of the said subarticle 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.
(2B) For the purposes of subarticles (2) and (2A), ''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.
(3) 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.
(4) 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.
(5) 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.
(6) 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,
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.
(7) 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:
  46      CAP. 356. ]                DEVELOPMENT PLANNING
( 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.
(8) 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.
(9) Any person who feels aggrieved by a decision  of the
Authority under this article may appeal to the Appeals Board for a
revocation or modification of such a decision.
(10) 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.
(11) When the Appeals Board decides to deschedule a scheduled
property or to downgrade the protection afforded to a scheduled
property, the Board shall seek the Minister’s endorsement and the
period for lodging an appeal from the Board’s decision to the Court
of Appeal shall commence to run from the date in which the Board
would have informed the appellant accordingly of the Minister’s
decision.
(12) Notwithstanding the provisions of article 15, an appeal to
the Appeals Board from a scheduling of  property or the issue of a
conservation order shall not stay the execution of such scheduling
or conservation order.
Emergency 
Conservation 
Order.
Amended by:
XXIII. 1997.21;
XXI. 2001.42.
47. (1) If property which is not scheduled but which the
Authority believes could have an importance or value as is
described in subarticle (1) of article 46 sufficient to have it listed,
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 as it may deem necessary
and the provisions of the proviso to subarticle (1) of article 46 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.
(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 15, an appeal to
                         DEVELOPMENT PLANNING [ CAP. 356.        47
the Appeals Board from an emergency conservation order shall not
stay the execution of such order.
Protected trees and 
Tree Preservation 
Orders.
Amended by:
XXI. 2001.43.
48. (1) The Authority shall prepare, and from time to time
review, a list of individual trees, groups of trees or woodlands
(hereinafter referred to as "scheduled trees") which it considers
should be protected, and may in respect of all or any one or more of
them make tree preservation orders regulating such protection.
(2) No scheduled tree shall be cut down, lopped, topped or
wilfully damaged or destroyed except with the permission of the
Authority on an application made to it or as may be allowed under a
tree preservation order.
(3) A permission of the Authority and a tree preservation order
granted or made under this article may contain such conditions and
other provisions as the Authority may deem necessary or expedient;
and a tree preservation order may regulate any matter affecting
scheduled trees.
(4) The provisions of the proviso to subarticle (1), article
46(2A) and (8) to (12) and article 47 shall apply to scheduled trees
as if for references therein to scheduled property there were
substituted references to scheduled trees.
Advertisements.
regulating advertisements, which shall be known as advertisements
regulation orders, and which, without prejudice to the generality of
the aforesaid may provide:
( a ) for regulating the dimensions, appearance and position
of advertisements, the sites on which advertisements
may be displayed and the manner in which they are to
be affixed to land;
( b ) for requiring the consent of the Authority to be
obtained for the display of advertisements or of
advertisements of any class or classes specified in the
order;
( c ) for regulating the manner in which the consent
aforesaid may be obtained, whether by application of
provisions of this Act relating to permissions to
develop land or otherwise;
( d ) for enabling the Authority to require the removal of
any advertisement that is being displayed in
contravention of any order made under this article, or
otherwise against any provision of this Act, or the
discontinuance of the use for the display of
advertisements of any site that is being used for that
purpose in contravention of any order or provision
aforesaid, and for applying any of the provisions of
this Act with respect to enforcement, subject to such
adaptations and modifications as may be specified in
the order, or otherwise provide for the enforcement of
the order and of any notices issued thereunder;
( e ) for exempting from the requirements of the order, or
  48      CAP. 356. ]                DEVELOPMENT PLANNING
any provisions thereof, the display of advertisements
or the use of sites for such display, of such class or
classes specified in the order, or the continued display
or use aforesaid for such period or periods as may be
specified in the order;
( f ) for directing that any law affecting the display of
advertisements for the time being in force shall not
apply to the display of advertisements in any area to
which an order made under this article applies; 
( g ) for prescribing matters that are to be, or may be
prescribed.
(2) An advertisements regulation order may be made to apply
to advertisements that are being displayed on the date the order
comes into force, or to sites being used for the display of
advertisements on the date aforesaid:
Provided that a person affected adversely by any such
application of the order shall, on a claim made to the Authority
within twelve months from the date on which he is so affected, and
in such manner as may be prescribed by the Authority, be entitled
to recover from the Authority compensation in respect of any
expenses reasonably incurred by him to comply with the order and
in respect of any remaining value of the advertisement.
(3) Where the display of advertisements involves the
development of land within the meaning of this Act, permission for
that development shall be deemed to be granted for the purposes of
this Act if the display is made in conformity with the provisions of
this article and of any order made thereunder.
(4) For the purposes of this Act, but without prejudice to the
generality and the normal meaning of the expression, a person shall
be deemed to display an advertisement if -
( a ) the advertisement is displayed on land of which he is
the owner or occupier; or
( b ) the advertisement gives publicity to his goods, trade,
business or other concerns,
unless he proves that the advertisement was displayed without his
knowledge or consent and can further show that he took all
reasonable steps to have the display discontinued as soon as he
became aware of the display.
PART V
ENFORCEMENT OF CONTROL
Right of entry.
Substituted by:
XXI. 2001.45.
50. Notwithstanding the provisions of any other law, any
officer or servant of the Authority or any other person, if authorised
by the Authority in this respect, may, at any reasonable time, and if
so required by the Authority with the assistance of the Police Force
enter upon any land and inspect, survey, or verify whether illegal
                         DEVELOPMENT PLANNING [ CAP. 356.        49
development is taking or has taken place, or do anything that is
ancillary or consequential thereto.
Monitoring of 
development.
51. (1) The Authority shall monitor all development
operations to ensure that development is carried out only in
accordance with the requirements of this Act and in compliance
with the decisions lawfully taken under this Act.
(2) The Authority shall also undertake a review of all
development carried out before the coming into force of this Act
not in compliance with plans or policies in force at the time the
development took place; and in respect of any such development
the Authority shall have such powers as it has in respect of
development carried out after the coming into force of this Act in
order to ensure that the plans and policies aforesaid are enforced or,
if this is not reasonably possible, to regularise any such
development to the extent the Authority deems adequate in the
circumstances. 
Enforcement 
procedure.
Amended by:
XXIII. 1997.22.
Substituted by:
XXI. 2001.46.
52. (1) 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.
(2) A copy of the notice mentioned in subarticle (1) may also
be served on any 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.
(3) The Authority shall also inform -
( a ) the local council in whose locality the land mentioned
in subarticle (1) is found;
( b ) the  perit  responsible for the said works, if known,
that a stop notice as aforesaid has been issued by the Authority. The
Authority shall register all stop and all other enforcement notices in
terms of this Act in the index mentioned in article 46(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:
Provided that the non-compliance with the provisions of
this subarticle shall in no case invalidate any notice issued under
subarticles (1) and (2).
(4) Any notice made under this article shall contain a detailed
description of the infringements being alleged and a site plan
indicating the land which is the subject of such a notice shall be
  50      CAP. 356. ]                DEVELOPMENT PLANNING
annexed thereto. 
(5) 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 subarticle (3) 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.
(6) A notice given under any of the foregoing provisions of this
article shall -
( a ) in respect of any requirement stopping or prohibiting
further works or development or requiring the
cessation of a use, take effect immediately upon
service of the notice in terms of subarticle (1)
notwithstanding that an application for development
permission for the development referred to in the
enforcement notice has been submitted or an appeal
has been lodged against the enforcement 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.
(7) When an application for development permission has been
submitted before the expiry of the period mentioned in subarticle
(6)( 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 requirement stopping or prohibiting any further work 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 any application to regularise the development
shall be dismissed forthwith if a requirement in the notice stopping
                         DEVELOPMENT PLANNING [ CAP. 356.        51
or prohibiting further work or development, or requiring the
cessation of a use, has not 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 development has not been paid.
(8) Where an application is dismissed as aforesaid, the
Authority may exercise its powers under article 55A(1)
notwithstanding that a second or subsequent application intended to
regularize the illegal development may have been filed with the
Authority concerning the same or part of the same site, irrespective
of whether the said application is filed by the same applicant or by
another applicant.
(9) Any person who feels aggrieved by any enforcement notice
served on him may, within fifteen days from the service of the
notice, appeal against it to the Appeals Board, and on any such
appeal the Board:
( a ) if satisfied that permission was granted under this Act,
or under any other law which preceded this Act
regulating building permits, for the development to
which the enforcement notice relates, or that no such
permission was required in respect thereof, as the case
may be, and that the conditions subject to which such
permission was granted have been complied with, shall
quash the enforcement 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.
(10) The appellant shall submit to the Board together with his
appeal a copy of all relevant development permissions, other
permits or other relevant information in terms of which
development permission has been granted to carry out the
development mentioned in the notice served on him which is the
subject of the appeal proceedings; and if the Board is satisfied that
no such development permission  or permits exist or that there is no
authorization, howsoever called, in terms of which the development
could have been carried out, the Board shall forthwith dismiss the
appeal.
(11) If before an appeal is lodged or during the pendency of an
appeal, the appellant submits to the Authority an application for
development permission regarding the land mentioned in the
enforcement notice, the Board shall dismiss the appeal if it is
satisfied that the said application is intended to regularize the
development mentioned in the enforcement notice. 
(12) Where an appeal is dismissed, the Appeals Board may
direct that, in respect of any requirement, other than a requirement
stopping or prohibiting any further work or development, or
requiring the cessation of a use, the enforcement 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 Board thinks fit.
(13) The Board may correct any defect or error in the
enforcement notice provided that the appellant shall be given
  52      CAP. 356. ]                DEVELOPMENT PLANNING
sufficient time to prepare and put forward his case.
(14) Where the illegal 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 development, and any reference to land shall be deemed to be a
reference to the area at sea where the development occurs.
Enforcement 
procedure to apply 
to scheduled 
property, trees, etc.
Substituted by:
XXI. 2001.47.
53. 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 46, 48 or 49 is being done or carried on or
has been done or carried on in contravention of any such
prohibition, restriction or condition or without any permission or
other requirement, or without compliance with any condition,
mentioned in those articles or any orders made thereunder, the
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 52(3), 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
52(3) shall also apply to any notice under this article.
Other enforcement 
notices.
Amended by:
XXI. 2001.48.
54. A notice under articles 53 and 55 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.
Injury to amenity.
Substituted by:
XXI. 2001.49.
55. 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 52(3), requiring such steps to be taken for abating the injury
as may be specified in the notice. The provisions of the proviso to
article 52(3) shall also apply to any notice under this article.
Supplementary 
provisions as to 
enforcement.
Added by:
XXI. 2001.50.
55A. (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
disabling or removal of any equipment, machinery, tools,
belongings, vehicles or other objects that may be on site and the
carrying out of any works necesary 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
                         DEVELOPMENT PLANNING [ CAP. 356.        53
vested in them at law.
(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 necesary as aforesaid.
Cap. 319.
(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) All expenses reasonably incurred by the Authority in the
exercise of its powers under this article  shall be recoverable as a
civil debt by the Authority from the owner of the land subject to
such right of recovery such person may have against any other
person.  The Authority shall not be liable for any damages as a
result of the exercise of its powers under this article unless it is
proved that such damage resulted from gross negligence on the part
of the Authority, its officers and agents.
(5) * Subject to subarticle (6)( g ), when an enforcement notice
has not been appealed or where an enforcement notice has been
appealed but has been confirmed by the Appeals Board or by the
Court of Appeal, as the case may be, and the owner of the land
subject to an enforcement order fails to comply with the said order
within the period therein prescribed, such person shall be liable to a
maximum penalty of not more than five liri for every day the
default continues after the expiration of the said period as the
Authority may prescribe under subarticle (6)( g ); and the Authority
may recover such penalty from the said person as a civil debt owing
to it.
(6) The Authority may, with the concurrence of the Minister
and the Minister responsible for finance, make regulations:
( a ) to authorise and regulate clamping, towing, removal
and storage by the Authority of any object used in
illegal development and the sale by auction of same;
( b ) to exclude the Authority from any liability, other than
liability for gross negligence, incurred in connection
with the execution of its duties under the said
regulations;
( c ) providing for the disposal of objects used in illegal
development when the said objects are not claimed by
their owners within such time as may be prescribed;
( d ) establishing fees payable to the Authority for the
removal of clamps, for towing, for the storage of
objects used in illegal development and for the auction
or other form of disposal of such objects;
( e ) establishing the circumstances where objects used in
illegal development can be confiscated by court order
*This subarticle is not yet in force.
  54      CAP. 356. ]                DEVELOPMENT PLANNING
and to establish the relative procedure for their
confiscation and disposal; 
( f ) establishing offences and the relative punishments in
relation to matters referred to in paragraphs ( a ) to ( e ),
which punishments shall not exceed a maximum fine
( multa ) of five thousand liri; and
( g ) specifying the type of development the provisions of
subarticle (5) shall apply to and for establishing the
relative penalty.
Cap. 9.
Cap. 446.
(7) Article 21 of the Criminal Code and the provisions of the
Probation Act shall not apply to any offence established under
subarticle (6).
Procedure applying 
to certain types of 
illegal 
development 
carried out prior to 
1 January, 1993.
Added by:
XXI. 2001.50.
55B. (1) Notwithstanding the other provisions of this Act, the
following procedure shall apply to illegal development carried out
prior to 1st January 1993 within a Temporary Provisions Scheme
boundary or a development boundary as indicated in a local plan
other than when such illegal development consists in change of use
or where such development is not in comformity with the alignment
of roads and buildings as specified in or interpreted from a
Temporary Provisions Scheme or local plan.
(2) Any person who, after 1st July, 2000 is served with an
enforcement notice in respect of development to which subarticle
(1) applies, shall have the right to claim that such notice shall not
be applicable, provided that he proves to the Authority’s
satisfaction that the said development was completed prior to 1st
January 1993.  The said person shall also furnish the Authority with
the requisite proof to that effect including any relevant
documentary evidence and such other evidence as the Authority
considers necessary. 
(3) When an enforcement notice is not applicable in terms of
subarticle (2), the development in question shall not be considered
as having been regularised in terms of this Act unless and until a
development permission has been granted to cover the development
in question and a penalty fixed by the Authority within the limits
established in article 58 has been paid:
Provided that a person requested to pay such a penalty may
appeal from such request in the manner provided for in article 58.
(4) When the Authority receives an application for
development permission requesting amendments, alterations,
additions or extensions to a development which includes illegal
development to which subarticle (1) applies, the applicant shall
request the Authority to sanction the said illegal development in
terms of the provisions of this Act, if such sanction is possible in
terms of law. Where such sanctions is not possible, no further
enforcement proceedings shall be instituted by the Authority.
Where the illegal development has not been sanctioned no further
development permission, other than for that type of development
which may be prescribed by the Minister, after consultation with
the Authority, from amongst the development mentioned in article
31(8)( a ) and ( b ), may be granted with respect to the land in
                         DEVELOPMENT PLANNING [ CAP. 356.        55
question unless and until the illegal development is removed. 
(5) Where any person claims to the Authority that an
enforcement notice is not applicable in terms of subarticle (2) and
the Authority does not accept such claim, the period of fifteen days
mentioned in article 52(9) shall commence to run from the date that
the Authority serves such person with a notice to the effect that it is
not accepting such claim.
(6) The provisions of this article shall be without prejudice to
any enforcement notices issued, and to any criminal proceedings
instituted, prior to 1st July, 2000. 
(7) The Minister may, after consultation with the Authority,
make regulations to give better effect to the provisions of this
article.
PART VI
DEVELOPMENT OFFENCES AND PENALTIES
Offences.
Amended by:
XXI. 2001.51.
56. (1) Any person who -
( a ) carries out any development on any land or allows any
development to be carried out on land of which he is
an owner without a development permission as in
force at the time of such development, or, if the
development is carried out with a development
permission, fails to comply or to cause compliance
with any condition, restriction or other limitation to
which the permission is subject; or
( b ) acts in contravention of any of the provisions of article
46, 47 or 48 in respect of any scheduled property or
tree, an emergency conservation order, or of any
advertisement regulation order made under article 49;
or
( c ) having been served with an enforcement notice or
other notice under articles 45, 52, 53 or 55, fails to
comply with any of the requirements of such notice
within the time therein specified; or 
( d ) hinders, obstructs, molests or interferes with, or
attempts to hinder, obstruct, molest or interfere with,
any officer or employee of the Authority, or any police
officer, or any public officer, or any employee or
servant of any department of Government or of any
agency of Government or of any local council, in the
execution of his duties under the law or fails to comply
with any reasonable requirement demanded of him by
any such person as aforesaid or otherwise to assist him
in the carrying out of the said duties, or knowingly
furnishes such person with false information or
neglects or refuses to give any information required
for the purpose aforesaid; or
  56      CAP. 356. ]                DEVELOPMENT PLANNING
( e ) makes a declaration for any of the purposes of this Act
which is false, misleading or incorrect in any material
respect,
shall be guilty of an offence against this Act and shall be liable, on
conviction, to a fine ( multa ) of not less than five hundred liri and
not exceeding fifty thousand liri, and in respect of an offence under
paragraph ( d ) or, in the case of an offence under paragraph   ( c ) if the
offender persists in the offence for more than three months, also to
imprisonment for a term of not less than three months and not
exceeding three years:
Provided that, and without prejudice to the provisions of
article 46(7) and article 55A(3) and (4) and without prejudice to the
maximum fine above established, the minimum fine ( multa )   to
which an offender is liable under this article shall not be less than
the value of any work carried out without permission or in violation
of any conditions to which such permission was subject.
(2) The Court, besides awarding the punishment referred to in
subarticle (1), shall order the offender to remove the causes of the
offence and to undo anything which was done without a permission
or to comply with the conditions imposed in the permission, as the
case may be, within a time sufficient for the purpose, but in any
case not exceeding three months from the date of the judgment, to
be fixed by the court; and, if the offender fails to comply with any
such order within the time so fixed, he shall be liable to a fine
( multa )   of not less than twenty-five and not more than fifty liri, as
the court may fix, for every day the default continues after the
expiration of the said time.
Cap. 9. 
(3) Proceedings against any person for any offence as is
mentioned in subarticle (1) shall be taken before the Court of
Magistrates (Malta) or the Court of Magistrates (Gozo), as the case
may be, as courts of criminal judicature in accordance with the
provisions of the Criminal Code:
Provided that, notwithstanding the provisions of article
376(1)( b ) of the Criminal Code, the Court shall, at the request of
the prosecution or of the accused, take down evidence given by the
witnesses in the manner provided for either in article 390(6) of the
said Code or in any law for the time being in force.
Cap. 9.
Cap. 446.
(4) Article 21 of the Criminal Code and the provisions of the
Probation Act shall not apply to any offences referred to in this
article.
(5) The filing of an application intended to regularise any
illegal development to which a prosecution refers, and the filing of
an appeal against a refusal of such an application shall not be a bar
to the continuation of such a prosecution and the court shall
continue to hear such a case and shall give judgement and shall
issue an order in terms of subarticle (2) as if such an application or
such an appeal had never been filed:
Provided that where such a development has been
regularised no fine under subarticle (2) shall be due in respect of
the time after the development has been regularised.
                         DEVELOPMENT PLANNING [ CAP. 356.        57
Certified copies of 
certain documents 
as evidence.
57. In any proceeding or prosecution under this Act, a copy of
any order, notice, decision or other document purporting to have
been made under this Act and purporting to have been signed by the
Chairman of the Authority or by the Director of Planning, shall be
accepted as evidence of the order, notice, decision or other
document, and of the facts appearing therein, without further proof.
Special procedure.
and punishment of offences, where the Authority believes that a
person has committed an offence against this Act, other than an
offence under article 56( d ), the Authority may give notice in
writing to such person describing the offence of which the person is
accused, indicating the steps to be taken to remedy the offence and
the fine which he is required to pay in respect of that offence:
Provided that the Authority may not require the payment of
a fine higher than one thousand liri.
(2) Where a notice under this article has been given, the person
named in the notice may, within twenty-one days of the service of
the notice, accept responsibility for the offence specified in the
notice and within the same period or such further period as the
Authority may allow, remedy the offence and pay, or undertake in
writing to pay, the fine indicated in the notice or such fine as the
Authority may accept in lieu, and in any such case:
( a ) the person named in the notice shall be deemed to have
committed the offence and to have admitted his guilt in
respect thereof, and the fine paid, or agreed to be paid,
shall be the fine to which he became liable to pay;
( b ) if the offence is remedied and the fine is paid within
the period, or further period, aforesaid, no further
proceedings may be taken against the said person in
respect of the same facts;
( c ) if the fine ( multa ) is not paid within the period, or
further period, aforesaid, it shall be treated as if it were
a fine ordered to be paid by the court which would
have had jurisdiction to take cognizance of the
offence, and proceedings may be taken accordingly as
if it were an order of that court.
Cap. 9.
(3) Where the person to whom notice is given under subarticle
(1) does not accept or, having accepted such responsibility, fails to
remedy the offence within the time aforesaid, ordinary proceedings
may be taken against him in accordance with the provisions of the
Criminal Code, of this Act and of any other law applicable to the
offence.
Cap. 9.
Attorney General shall always have a right of appeal to the Court of
Criminal Appeal from any judgment given in proceedings arising
out of this Act or of any regulations, rules or orders made
thereunder.
  58      CAP. 356. ]                DEVELOPMENT PLANNING
PART VII
SUPPLEMENTAL
Power to make 
regulations etc. to 
include power to 
revoke, etc. 
Cap. 249.
59. Without prejudice to the provisions of article 6 of the
Interpretation Act, any power conferred by this Act to make
regulations, rules, orders, lists, schedules and any other instrument
of like nature, includes the power from time to time to revoke,
replace, amend, alter or add to any such instrument as aforesaid.
Regulations.
Amended by:
XXI. 2001.53.
60. (1) The Minister may, after consultation with the
Authority, make regulations to regulate or otherwise provide for
any matter relating to development or other activities affecting land
or sea, in order to give fuller effect to the provisions of this Act,
and in particular, but without prejudice to the generality of the
aforesaid, may by such regulations:
( a ) regulate buildings and the construction, demolition or
alteration thereof, as well as any other matter relating
thereto, taking account of all relevant considerations,
including safety, aesthetics, health and sanitation;
( b ) prescribe the form of any notice, order or other
document authorised or required by this Act to be
made, served or given;
( c ) prescribe the manner in which a building levy or other
charge made under this Act is to be established, made,
reviewed, collected, utilised or otherwise dealt with;
( d ) to the extent not otherwise provided, prescribe the
procedure to be followed by any body established by
this Act, and to amend, substitute, add to or otherwise
alter anything contained in the schedules to this Act
concerning the matters aforesaid;
( e ) prescribe the fees payable to the Authority for any
service provided by it, or in respect of any matter for
which it is considered that a fee should be payable;
( f ) prescribe what type of information held by the
Authority shall be accessible to the public as well as to
establish the procedure concerning access thereto and
the relative fees to be paid to obtain copies of such
information;
( g ) to regulate how any notice or communication to or
from the Authority which in terms of this Act shall be
in writing may be made in electronic form;
( h ) for any other purpose for which regulations are
authorized or required to be made otherwise than by
the Authority.
Provided that when the Minister makes regulations
concerning the procedure before the Planning Appeals Board he
shall also consult the Planning Appeals Board:
Provided further 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
                         DEVELOPMENT PLANNING [ CAP. 356.        59
be required to consult with the Authority.
(2) Any regulation made under this Act may provide for any
matter relating to liability for the observance of such regulations,
and the persons who may be liable, and for any matter relating to
the enforcement of the said regulations, including, but not limited
to, the imposition of a fine ( multa ) not exceeding one thousand liri
in respect of any contravention of, or failure to comply with, the
provisions of such regulations.
Certificate of 
development 
according to 
permission.
61. (1) The following provisions shall have effect with respect
to any development which has taken place or is to take place after
the date of the coming into force of this Act, hereinafter referred to
as "new development".
(2) No service consisting in the supply of water or electricity to
any new development shall be provided by any authority unless
there is in respect of such development a certificate issued by the
Authority stating that the development is in accordance with a
development permission.
(3) In any of the circumstances in which the Authority may
serve a notice under any of the provisions of article 52, or if the
Authority has served such a notice, the Authority may make an
order prohibiting the transfer  inter vivos  by any title whatsoever of
any land in respect of which a notice as aforesaid may be, or has
been, served, and the transfer or creation of any real right thereon,
by any title  inter vivos  whatsoever.
(4) An order made under this article shall contain a description
of the land to which it applies, being a description sufficient for the
purposes of any transfer thereof by notarial deed, and shall be
addressed to and served on the Director of the Public Registry of
Malta in the case of land situated in the Island of Malta and on the
Director of the Public Registry of Gozo in the case of land situated
in Gozo.
(5) Each of the Directors of the Public Registry shall keep a
register of orders made under this article and shall enter therein all
such orders and the particulars thereof, including the date of their
service on him, together with any further orders adding to,
amending or revoking an order, in such order and manner, and
complemented by such indices as he may deem appropriate to
facilitate the identification of any land to which they refer.
(6) An order made under this article may at any time be added
to or amended or revoked by the Authority by a further order and
shall be revoked if the Authority is satisfied that the circumstances
justifying the order have been remedied or otherwise ceased to
exist; but no such addition, amendment or revocation shall have
effect until the order making it has been served on the Director of
the Public Registry. Any revocation of an order shall be without
prejudice to the making of a new order.
(7) The provisions of article 15 shall apply to an order made
under this article, and to any refusal to revoke such an order, as
they apply to a decision of the Authority referred to in subarticle
(1)   ( a )   of that article.
  60      CAP. 356. ]                DEVELOPMENT PLANNING
(8) Any transfer of any land in respect of which an order has
been served under this article and has not been revoked, and any
transfer of any real right thereon, made by an act  inter vivos  under
any title whatsoever, shall be null and without effect.
Site plans to 
accompany notices 
and orders.
Added by:
XXI. 2001.55.
61A. (1) For the purposes of article 45, article 46(2) and (2A),
article 48(4), article 53 and article 55, the notice or order
mentioned therein shall be accompanied by a site plan.
Service of notices, 
etc., under this Act.
62. (1) Where any notice or other instrument or document
whatsoever is required or authorised to be served or given by or
under this Act, it may be served or given in any of the following
manners: 
( a ) by delivering it to the person on whom it is to be
served or to whom it is to be given; or
( b ) by leaving it at the usual or last known place of abode
of that person or, if such person has furnished an
address for service, at that address; or
( c ) by sending it in a registered letter addressed to that
person at the place of abode or the address for service
aforesaid; or
( d ) in the case of a body corporate or other body of
persons, by delivering it to an officer or servant
thereof at the registered or principal office, or sending
it in a registered letter addressed to the body aforesaid
at that office; or
( e ) in any case in which it is not reasonably possible to
effect service in any of the foregoing manners whether
on all or on any one or more of the persons on whom
service is to be made or notice is to be given, by
affixing the document to be served or given in a
conspicuous place on the land to which it relates and
keeping it so affixed for a period of not less than seven
days.
(2) Where the notice or other document is required or
authorised to be served or given to any person as having an interest
in land, and the name of that person cannot be ascertained after
reasonable inquiry, or is required or authorised to be served on an
occupier of land, the notice shall be deemed to be duly served or
given if it is served or given in any of the manners indicated in
subarticle (1) and addressed to the person having an interest in the
land by the description of "owner" or "occupier", or "owners" or
"occupiers", as the case may require.
Savings.
Cap. 10.
Cap. 87.
Cap. 322.
Cap. 303.
63. * (1) Any permission issued or granted under any of the
provisions of Part I and Part V of the Code of Police Laws † , the
Aesthetic Buildings Ordinance † , the Building Permits (Temporary
Provisions) Act †  or the Building Development Areas Act †  and in
*This article originally consisted of two subarticles and paragraphs repealing the
enactments herein mentioned. These provisions have been omitted under the Statute
Law Revision Act, 1980.
                         DEVELOPMENT PLANNING [ CAP. 356.        61
force on the date immediately preceding the coming into force of
this Act, shall continue to be operative for the period and under the
conditions for which and under which it was so issued or granted,
but shall for any purpose other than duration be deemed to be a
permission granted by the Authority.
Cap. 322.
(Temporary Provisions) Act * , in force on the date immediately
preceding the coming into force of this Act, shall remain operative
and have effect as if it were a development plan made under this
Act; and shall be treated accordingly.
Cap. 87.
Buildings Ordinance † , and so much of the said Ordinance as is
necessary for the continued applicability and enforcement of such
regulations, shall remain in force until an advertisement regulation
order is made under this Act.
†Repealed by this Act.
*Repealed by this Act.
†Repealed by this Act.
  62      CAP. 356. ]                DEVELOPMENT PLANNING
(Article 3)
Provisions with respect to the Authority
1. The Authority may act notwithstanding any vacancy amongst its members,
provided there is a quorum present at the meeting.
2. The quorum of the Authority shall consist of the chairman or deputy
chairman and not less than half the number of the other members constituting the
Authority at the time of the meeting.
3. The meetings of the Authority shall be called by the chairman either on his
own initiative or at the request of any two members of the Authority; and the
Authority shall also meet at such times as it may itself decide. The provisions of
article 13(5) shall  mutatis   mutandis  apply to the Authority.
4. The chairman, or the deputy chairman acting in his place, shall have an
original vote, and where the votes are equally divided, a second or casting vote. All
members of the Authority present at its meetings shall cast their vote in favour or
against any motion put to the vote.
5. A member of the Authority who has a direct or indirect interest in any matter
coming before the Authority for consideration shall, not later than the first meeting
held after the relevant circumstances have come to his knowledge, disclose the
nature of his interest. Such disclosure shall be recorded in the minutes of the meeting
and the member:
( a ) shall not take part in any discussion or decision of the Authority with
respect to that matter; and
( b ) shall be disregarded for the purpose of constituting a quorum for any
such discussion or decision.
6. All acts done by any person in good faith as a member of the Authority shall
be valid and effective as if he were a member even if some defect in his qualification
for appointment is subsequently discovered.
7. Without prejudice to the provisions of article 57, any document purporting
to be an instrument made or issued by the Authority and signed by the Chairman of
the Authority or the Director of Planning on its behalf shall be received in evidence
and shall, until the contrary is proved, be deemed to be an instrument made or issued
by the Authority.
8. Subject to the provisions of this Act, including this Schedule, the Authority
may regulate its own procedure:
Provided that where the Authority performs functions normally delegated to
the Development Control Commission, article 13(5) of the Act shall apply to it as it
applies to the Commission.
Amended by:
XXIII.1997.23. FIRST SCHEDULE
                         DEVELOPMENT PLANNING [ CAP. 356.        63
(Article 6)
Provisions with respect to Public Officers detailed for 
duty with the Authority
1. A direction under article 6(6) shall apply to the officer specified therein for
a period ending, unless the officer retires from the public service, or otherwise
ceases to hold office, at an earlier date, or a different date is specified in the
direction, on the happening of any of the following events, that is to say:
( a ) the acceptance by such officer of an offer of transfer to the service of,
and permanent employment, with the Authority, made in pursuance of
article 6(7); or
( b ) the revocation by the Prime Minister of any direction made by him
under article 6(6) in relation to such officer.
2. When a public officer is detailed for duty with the Authority as aforesaid
such officer shall, during the time the direction has effect in relation to him, be under
the administrative control of the Authority; but he shall for other intents and
purposes remain, and be considered and treated as, a public officer.
3. Without prejudice to the generality of the foregoing, a public officer detailed
for duty as aforesaid - 
( a ) shall not during the time he is so detailed -
(i) be precluded from applying for a transfer to a department of the
Government in accordance with the terms and conditions of
service attached to the appointment under the Government held
by him at the date on which he was detailed for duty; or
(ii) be so employed that his remuneration and conditions of service
are less favourable than those which are attached to the
appointment under the Government held by him at the date
aforesaid or which would have become attached to such
appointment during the said period had such officer not been
detailed for duty with the Authority; and
( b ) shall be entitled to have his service with the Authority considered as
service with the Government for the purpose of any pension or gratuity
under any law for the time being in force, and for any other right or
privilege to which he would have been entitled, and shall be liable to
any liability to which he would be liable, but for the fact that he is
detailed for duty with the Authority.
4. When an application is made as provided in paragraph 3( a )(i) of this
Schedule, the same consideration shall be given to it as if the applicant had not been
detailed for duty with the Authority.
SECOND SCHEDULE Amended by:XXIII.1997.23.
  64      CAP. 356. ]                DEVELOPMENT PLANNING
Proceedings before the Planning Appeals Board 
and appeals therefrom
1. Any person who feels aggrieved by a decision of the Authority as provided
in article 15(1) of  may appeal to the Planning Appeals Board within thirty days from
the date the decision is communicated to the person on whose application the
decision was taken.
2. The application shall contain the grounds for the appeal and the request of
the appellant, and a copy of it shall be communicated to the Authority before the
appeal is heard. The Authority shall file its reply within thirty days of service upon it
of the application. The reply shall be served upon the appellant.
3. The appellant shall appear before the Board either in person or by agent on
the day and at the time fixed for the hearing, make his submissions and produce such
evidence as the Board may allow:
Provided that the Board may postpone the hearing of the appeal if it is
satisfied that the appellant was prevented from appearing before it owing to illness
or absence from Malta or other similar reasonable cause.
4. The Board shall give the Authority an opportunity to make its submissions
in justification of its decisions, and bring such evidence as the Board may consider
necessary.
5. The Board shall have the power to summon witnesses and to administer the
oath to any person appearing before it.
6. The Board shall have power to confirm, revoke or alter the decision
appealed against and give such directions as it may deem appropriate.
7. The decisions of the Board shall be final and no appeal shall lie therefrom
except on a question of law only.
8. If the appellant or the Authority are dissatisfied with any point of law
decided by the Board, they may appeal to the Court of Appeal (Inferior Jurisdiction)
by an application filed as provided in article 15(10).
9. All hearings of the Board shall be held in public and all decisions of the
Board shall be given in public.
10. Subject to the foregoing provisions and to the provisions of this Act, the
Board shall regulate its own procedure.
11. The Minister responsible for justice may by regulations made under this rule
establish fees payable in the registry of the courts in relation to the filing of judicial
acts in connection with appeals before the Court of Appeal (Inferior Jurisdiction)
under this Act:
Provided that until such fees have been so established by the Minister, the
fees contained in Schedule A to the Code of Organization and Civil Procedure shall
apply.
Amended by:
XXIII. 1997.24;
VI. 2001.22;
L.N. 22 of 2002.
THIRD SCHEDULE
(Article 15)
