Legislation

Development Planning Act (Cap. 552)

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• Art. 2In this Act unless the contents otherwise requires: "action plan" has the meaning assigned to it by article 49
• Art. 3It shall be the duty of the Government to enhance the quality of life for the benefit of the present and futur
• Art. 4The provisions of article 3 shall not be directly enforceable in any court, but, notwithstanding this, the pri
• Art. 5There is hereby established an authority, to be known as the Planning Authority, hereinafter referred to as th
• Art. 6(1) The Authority shall be a body corporate having a distinct legal personality and shall be capable, subject
• Art. 7(1) The Authority shall be the principal means whereby the Government shall implement its duties under this Ac
• Art. 8The Authority may, in accordance with the provisions of this Act and with the approval of the Minister, delega
• Art. 9The Executive Council may with the approval of the Minister appoint advisory boards and committees to assist i
• Art. 10(1) Subject to the other provisions of this Act, the affairs and business of the Authority shall be the respon
• Art. 11(1) The Executive Chairperson shall, himself or his representative, have the right to be present and participa
• Art. 13(1) Where any member of the Authority, or a member of the staff of the Authority, or a consultant, advisor or
• Art. 14The Executive Council shall appoint and employ, at such remuneration and upon such terms and conditions as it
• Art. 15(1) The Prime Minister may, from time to time, direct that any public officer shall be detailed for duty with
• Art. 16(1) Where any public officer is detailed for duty with the Authority under any of the provisions of article 15
• Art. 17(1) The Executive Council may, with the approval of the Prime Minister, offer permanent employment with the Au
• Art. 18(1) Without prejudice to the following provisions of this article, the Executive Council shall so conduct the
• Art. 19For the purpose of carrying out any of its functions under this Act, the Authority may, with the approval in w
• Art. 20The Minister responsible for finance may, after consultation with the Minister, make advances to the Authority
• Art. 21(1) The Minister responsible for finance may, for any requirements of the Authority of a capital nature, contr
• Art. 22(1) The Authority shall cause to be prepared in every financial year, and shall not later than four weeks befo
• Art. 23(1) No expenditure shall be made or incurred by the Authority unless provision there of had been made in the e
• Art. 24The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of
• Art. 25(1) The Authority shall cause to be kept proper accounts and other records in respect of its operations, and s
• Art. 26(1) All monies accruing to the Authority shall be paid into a bank or banks appointed as bankers of the Author
• Art. 27The Authority shall not award or enter into any contract for the supply of goods or materials or for the execu
• Art. 29The Authority shall be exempt from any liability for the payment of any tax on income or duty on documents for
• Art. 30(1) For the purposes of the Criminal Code and of any provision of a penal nature in any other law, the members
• Art. 32(1) Every member of the Executive Council, the Planning Board, the Commission and each Director shall submit a
• Art. 33(1) The Minister shall, in consultation with the Executive Council, by regulations under this article provide
• Art. 34(1) Where any notice or other instrument or document whatsoever is required or authorised to be served or give
• Art. 35(1) The Minister may with effect from such date as may be established by notice in the Gazette repeal the Envi
• Art. 36(1) There is hereby established the Executive Council. (2) The members of the Executive Council shall consist
• Art. 37(1) The Minister shall appoint an Executive Chairperson. Such appointment shall be for a period of three years
• Art. 38(1) The functions of the Executive Council shall be the following: (a) to provide a centralized office for the
• Art. 39(1) The Executive Council shall establish Directorates which shall have their respective responsibilities. (2)
• Art. 40Without prejudice to the provisions of this Act, development planning shall be regulated by plans, policies an
• Art. 41(1) The Executive Council shall, out of its own motion, but after consultation with the Minister, or if so req
• Art. 42(1) Where the Executive Council informs the Minister within thirty days of receipt of a request from the Minis
• Art. 43Without prejudice to the provisions of The European Strategic Environmental Assessment Directive, the Minister
• Art. 44(1) The Spatial Strategy for Environment and Development or "Spatial Strategy": (a) is a strategic document re
• Art. 45(1) When the draft of the Spatial Strategy or a review thereof has been prepared in consultation with the Mini
• Art. 46(1) At the conclusion of the procedures set out in the foregoing provisions, the draft Spatial Strategy, and a
• Art. 49(1) An action plan or a management plan is a plan for a specific area where the rate of development or redevel
• Art. 52In the circumstances where multiple plans and policies apply to the same matter or area and there is a materia
• Art. 53(1) In the preparation or review or withdrawal of a subsidiary plan or policy, whether such plan or policy is
• Art. 54(1) Minor modifications may be carried out following a planning control application submitted to the Executive
• Art. 55(1) The Executive Council may on its own motion or following a request by the Minister prepare or review devel
• Art. 56(1) The Executive Council may, having regard to the provisions of this Act, regulations, plans, policies and t
• Art. 57(1) A list of: (a) areas, buildings, structures and remains of geological, palaeontological, cultural, archaeo
• Art. 58(1) If a property, site or area which is not scheduled or protected under the provisions of this Act or any re
• Art. 59(1) The Authority shall set up a fund, hereinafter referred to as the Development Planning Fund. (2) The Devel
• Art. 60(1) There shall be a Standing Committee on the Environment, Climate Change and Development Planning which sha
• Art. 61(1) There shall be a Committee, to be known as the Users’ Committee, which shall consist of not less than seve
• Art. 62Repealed by Act XXI.2022 .6. PART VII Provisions related to the Planning Board The Planning Board Establishmen
• Art. 63(1) There is hereby established a Planning Board which shall consist of the members mentioned in sub-article (
• Art. 64The functions of the Planning Board are the issue of any development permissions that may be required by or in
• Art. 65(1) There shall be a Commission, to be known as the Planning Commission, which may have such number of divisio
• Art. 66(1) There shall be a committee known as the Agricultural Advisory Committee, whose members are appointed by th
• Art. 67(1) There shall be a committee known as the Design Advisory Committee. (2) The Design Advisory Committee shall
• Art. 68(1) There shall be a Registration Board whose function shall be to evaluate applications for registration in t
• Art. 69(1) The Registration Board may, out of its own motion or at the request of the Executive Council, cancel any a
• Art. 70(1) Subject to the provisions of this article and to the following provisions of this Part of the Act, and sub
• Art. 71(1) Any person, including a department of government or a body corporate established by law, wishing to carry
• Art. 73(1) In any case in which the Planning Board may under this Act grant permission to dev elop land, it may grant
• Art. 74(1) Decisions on applications shall be taken without delay. (2) The Minister may make regulations to give bett
• Art. 75The Planning Board shall not delegate to the Commission or to any other body or person, the determination of t
• Art. 77(1) If an applicant considers that the conditions imposed upon a full development permission or outline develo
• Art. 79(1) A planning obligation may be entered into in those cases where the Planning Board, in connection with a gr
• Art. 80(1) The Planning Board may, only in: (a) the cases of fraud; or (b) the submission of any information, declara
• Art. 81(1) The Authority shall have power to levy a charge in respect of any permission to carry out development, to
• Art. 82No development permission shall be processed and no activity or development authorised by an order shall be ca
• Art. 83Without prejudice to the provisions of article 6 of the Interpretation Act, any power conferred by this Act to
• Art. 84(1) Regulations under this Act shall be made by the Minister after consultation with the Authority, and except
• Art. 85(1) The Minister may, acting in accordance with the provisions of article 84, make regulations for the better
• Art. 86Repealed by Act XXI.2022 .11. Buildings to be designed and constructed in accordance to buildings regulations.
• Art. 88Repealed by Act XXI.2022 .13. Power to issue guidelines related to contracts of works and services.
• Art. 92Repealed by Act XXI.2022 .17. Amendment of the Code of Police Laws Amendment of the Code of Police Laws. Cap.
• Art. 93(1) The Minister may, without prejudice to the provisions of sub-article (2), by regulations amend, substitute
• Art. 95(1) The Executive Council shall monitor all activities falling within the scope of this Act, including all dev
• Art. 97(1) If it appears to the Executive Council that an activity and, or development is being carried out without t
• Art. 98(1) If it appears to the Executive Council that anything which is prohibited or restricted or subject to a con
• Art. 99(1) If it appears to the Executive Council that the amenity of any area is injured by the appearance or struct
• Art. 100(1) If any steps or other action, including any discontinuance, stoppage or similar requirement, required to b
• Art. 101(1) Notwithstanding the other provisions of this Act, any person shall have the right to request the Authority
• Art. 102(1) The following provisions shall have effect with respect to any development which has taken place after the
• Art. 104In any proceeding or prosecution under this Act, a copy of any order, notice, decision or other document purpo
• Art. 105(1) Notwithstanding any other law providing for the trial and punishment of offences, where the Executive Coun

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