PLANNING APPEALS (FEES) ġ S.L.356.02 1
SUBSIDIARY LEGISLATION 356.02
PLANNING APPEALS (FEES) REGULATIONS
1st January, 1993
LEGAL NOTICE 7 of 1993, as amended by Legal Notices 169 of 1995
and 25 of 2002.
Title .
(Fees) Regulations.
Definitions.
requires -
Cap. 356.
"appeal" means an appeal made to the Planning Appeals Board
established by article 14 of the Act;
"request for reconsideration" means a request made to the
Authority to reconsider its decision under article 37 of the Act.
(2) In these regulations any expression defined by the Act
shall have the same meaning as it has in the Act.
Fees.
Amended by:
L.N. 169 of 1995.
Substituted by:
L.N. 25 of 2002.
3. Where an appeal, or a request for reconsideration is made,
in respect of a decision of the Authority from which an appeal lies
under any provision of the Act, or in respect of which the Authority
may be requested to reconsider its decision, the appeal or request
shall be accompanied by the appropriate fee as set out in regulation
5.
Invalid appeals, 
etc.
Amended by:
L.N. 169 of 1995.
Substituted by:
L.N. 25 of 2002.
4. An appeal or a request for reconsideration which is not
accompanied by the appropriate fee as provided in regulation 3
shall be null and void only in those cases where the appellant or the
applicant, as the case may be, fails to pay such fee within such
time, following the lodging of an appeal or a request for
reconsideration, as the Appeals Board or the Authority, as the case
may be, may establish.
Rate of fees.
Amended by:
L.N. 169 of 1995;
L.N. 25 of 2002.
5. The fees to be paid as provided in regulation 3(1)( a ) are the
following:
( a ) in respect of appeals
against a decision of the
Authority not entered by
an interested third party .... 5% of the development
permit fee subject to a
minimum of Lm80
2 ġ S.L.356.02 PLANNING APPEALS (FEES)
Refunds. 6. Where an appeal or a request for reconsideration is upheld
or approved, the Appeals Board or the Authority may order that the
fee paid according to the regulations, or part thereof, shall be
refunded to the applicant, after taking into consideration the
administrative costs involved in the appeals procedure.
Reimbursement of 
appeal fee by 
parties cast in case 
of an interested 
third party appeal.
Added by:
L.N. 25 of 2002.
Cap. 12.
7. When an interested third party has lodged an appeal before
the Appeals Board and the Appeals Board finds in favour of such
interested third party, the appeal fee paid by the said third party
shall be reimbursed to the said third party in equal proportions by
the parties cast and, for the purposes of this regulation, the Appeals
Board decision shall be an executive title in like manner as if if
were an award  of arbitrators referred to in article 253( d ) of the Code
of Organization and Civil Procedure for all purposes of that Code.
( b ) in respect of appeals
against a decision of the
Authority by an interested
third party being a local
council ............................. 5% of the development
permit fee subject to a
minimum of Lm80 and
a maximum of Lm2000
( c ) in respect of appeals
against a decision of the
Authority by an interested
third party, not being a
local council ..................... 5% of the development
permit fee subject to a
minimum of Lm80
( d ) in respect of appeals
against an enforcement
notice ............................... Lm25
( e ) in respect of requests for
reconsideration ................. 3% of the development
permit fee subject to a
minimum of Lm30.
