Development Planning Act (Cap. 552), article 102

102. (1) The following provisions shall have effect with respect to any development which has taken place after the date of the coming into force of the Development Planning Act, 1992, 70 [CAP. 552. DEVELOPMENT PLANNING hereinafter referred to as "new development". Cap. 504. (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 or any other certificate as prescribed by regulations stating that the development is in accordance with a developmen t permission or has been conceded or approved by the Authority in terms of the Development Planning Act, 1992, the Environment and Development Planning Act, or this Act or under any regulation made therein. Any service for the supply of water and electrici ty which was provided following the issue of a compliance certific ate which is subsequently revoked by the Authority due to irregularities contained in such certificate, shall be suspended at the request of the Authority. (3) In any of the circumstances in which the Authority may serve an enforcement notice under any of the provisions of this Act, the Minister shall, in consultation with the Authority, by regulations under this article, provide that such a notice is registered with the Land Registry and served on the Director of the Public Registry of Malta in the case of land situated in the Is land of Malta and on the Director of the Public Registry of Gozo in the case of land situated in Gozo. Without prejudice to the generality of the foregoing, such regulations may prescribe the procedures to be used by the Authority in making such a registration. PART X Offences Offences. 103. (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 or occupier without a valid development permission, 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 articles 57 and 58 in respect of any scheduled property or an emergency conservation order; or (c) having been served with an enforcement notice or other notice under articles 56, 97, 98 or 99 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 or army 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 fails to assist him in the carrying out of the said duties, or DEVELOPMENT PLANNING [CAP. 552. 71 knowingly furnishes such person with false information or neglects or refuses to give any information required for the purpose aforesaid; or (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 lia ble, on conviction, to a fine ( multa ) of not less than one thousand five hundred euro (€1,500) and not exceeding one hundred thousand euro (€100,000), and in respect of an offence under paragraph (d) or, in the case of an offence under paragraph (c), if the offen der 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 articles 57(9) and 100(4) and without prejudice to the maximum fine above established, the minimum fine (multa ) to which an offender is liable under this ar ticle shall not be less than th e value of any work carried out without permission or in violation of a ny conditions to which such permission was subject. (2) The Court, besides awarding the punishment referred to in sub-article (1), shall order the offender to remove the causes of the offence and to undo anything which was done without a permissio n or to comply with the conditions imposed in the permission, as the case may be, within a time sufficient for the purpose, but in a ny case not exceeding three months from the date of the judgement, to be fixed by the court; and, if the offender fails to comply wit h any such order within the time so fixed, he shall be liable to a fi ne (multa ) of not less than fifty euro (€50) and not more than one hundred euro (€100), as the court may fix, for every day the de fault continues after the expiration of the said time and may also or der the modification, suspension or revocation of any authorisation or permission. (3) Any person who is convicted of an offence under this article may also, at the request of the prosecution, be disqual ified from signing and submitting to the Authority, for a period not exceeding two years from the date of conviction for the offence, certificates of compliance or fire safety certificates, or any other certificate required in accordance with this Act or any other regulations made thereunder and, accordingly, the Authority shall not accept certificates for registration which are signed by a person while so disqualified. Cap. 9. (4) Proceedings against any person for any offence as is mentioned in sub-article (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 : Cap. 9. 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 72 [CAP. 552. DEVELOPMENT PLANNING said Code or in any law for the time being in force. (5) The filing of an application intended to regularise any illegal development or activity to which a prosecution refers, and the filing of an appeal against a refusal of such an applicatio n, 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 sub-article (2) as if such an application or such an appeal had never been filed: Provided that where such an activity or development has been regularised no fine ( multa ) under sub-article (2) shall be due in respect of the time after the development has been regularis ed. (6) ( a) Without prejudice to any other provisions of this Act, or other provisions or regulations, made under this Act, which the Authority is entitled to enforce, the Authority shall have the power to impose in respect of any person who infringes any provision of this Act or of any regulations made thereunder, or who fails to comply with any directive or decision given by the Authority, whether under this Act, or regulations prescribed thereunder, or under any other law which the Authority is entitled to enforce, an administrative fine using such procedures as established in this Act or regulations made thereunder. (b) An administrative fine imposed shall not, unless provided otherwise by or under this Act, exceed two hundred thousand euro (€200,000), and two thousand euro (€2,000) each day, in the case where the infringement persists: Cap. 12. Provided that all the fines provided for in this article shall be due to the Government as a civil debt and following the serv ice of a judicial act, in terms of article 466 of the Code of Organization and Civil Procedure . Certified copies of certain documents.