Development Planning Act (Cap. 552), article 105

105. (1) Notwithstanding any other law providing for the trial and punishment of offences, where the Executive Council believe s that a person has committed an offence against this Act, other than an offence under article 103(1)( d), the Executive Council may give notice in writing to such person describing the offence of whic h the person is accused, indicating the steps to be taken to remedy t he offence and a compromise fine which he is required to pay in respect of that offence: Provided that the Executive Council may not require the payment of a compromise fine higher than fifty thousand euro (€50,000). DEVELOPMENT PLANNING [CAP. 552. 73 (2) Where a notice under this article has been given, the person named in the notice may, within sixty days of the service of th e notice, accept responsibility in writing for the offence specif ied in the notice and within the same period, remedy the offence, and pay or undertake in writing to pay the fine indicated in the notice or such other compromise fine as the Executive Council 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 compromise fine paid, or agreed to be paid, shall be the penalty to which he becomes liable to pay; (b) if the offence is remedied to the satisfaction of the Executive Council and the compromise fine is paid within the period, no further proceedings may be taken against the said person in respect of the same facts: Provided that the agreement to pay the compromise fine shall not extinguish any civil liability to make good any damages to any person or authority and any liability arising under article 103(2); (c) if the compromise fine is not paid within the aforesaid period, it shall be treated as if it were a penalty ordered to be paid by a court and proceedings may be taken accordingly to recover the same as a civil debt due to the Authority. (3) Where the person to whom notice is given under sub-article (1) does not accept or, having accepted such responsibility, fa ils to remedy the offence within the time aforesaid, and even if he ha s paid the compromise fine, ordinary criminal proceedings may be taken against him in accordance with the provisions of law applicable to the offence. 74 [CAP. 552. DEVELOPMENT PLANNING DEVELOPMENT PLANNING [CAP. 552. 75 76 [CAP. 552. DEVELOPMENT PLANNING DEVELOPMENT PLANNING [CAP. 552. 77 78 [CAP. 552. DEVELOPMENT PLANNING DEVELOPMENT PLANNING [CAP. 552. 79 80 [CAP. 552. DEVELOPMENT PLANNING 1. The provisions of this schedule regulate the procedures to be used by the Executive Council. 2. Subject to the provisions of this Act, including this Schedul e, the Executive Council may regulate its own procedure. It may also convene and conduct meetings using such electronic or other viable means of communication as it deems appropriate, in which case any reference in this Schedule to a quorum or any re ference made to presence of or voting by the member of the Executive Council at the meet ing, shall be construed accordingly, and any such meeting held by using electronic or o ther viable means of communication shall have the same effect at law as a meeting he ld without such means. 3. When the Executive Council is considering plans and policies, the spatial strategy for environment and development, subsidiary plans and policies, and the making of orders as regulated under Part V of this Act, the fol lowing procedure shall be observed: (a) The quorum shall consist of the Executive Chairperson or actin g Executive Chairperson and at least three other members of the C ouncil. (b) The Executive Chairperson, or the acting Executive Chairperson acting in his place, shall have an original vote and in the case of a tie a casting vote. All members of the Executive Council except those having observatory status present at the meetings shall cast their vote in favour or against any motion put to the vote. Decisions shall be adopt ed by a simple majority of the votes of the members present and voting. (c) Without prejudice to the provisions of article 13, a member of the Executive Council who has a direct or indirect interest in any matter coming before the Executive Council for consideration shall, no t later than the first meeting held after the relevant circumstances ha ve come to his knowledge, disclose the nature of his interest. Such dis closure shall be recorded in the minutes of the meeting and the member: (i) shall not take part in any discussions or decisions of the E xecutive Council with respect to that matter; and (ii) shall be disregarded for the purpose of constituting a quor um for any such discussions or decisions. (d) All acts done by any person in good faith as a member of the E xecutive Council shall be valid and effective as if he were a member eve n if some defect in his qualification for appointment is subsequently dis covered. (e) The Executive Council may not delegate to the Executive Chai rperson or any of its members, the power to endorse any documents or pl ans relating to any matter under its consideration. (f) The meetings of the Executive Council shall be open to the p ublic when the Executive Council is considering a planning control application in terms of article 54(1), (2) and (3), descheduling and requests for recon sideration of scheduling in terms of article 57(10), and the Executive Council shall allow the applicant or the owner (in the case of requests for reconsideration from scheduling) and his representative, or any one of them, and any interested third party who made representations i n Amended by: L.N. 109 of 2020. FIRST SCHEDULE Provisions with respect to the Executive Council DEVELOPMENT PLANNING [CAP. 552. 81 accordance with the provisions of any regulations made under ar ticle 54(3), to make submissions on any matter under consideration. T he Executive Chairperson, at his absolute discretion, may also all ow any other member of the public to make submissions, subject to the power of the Executive Chairperson to exclude any member of the publi c if he deems it necessary so to do for the maintenance of order and to limit the participation of the applicant and his representative or of the interested third party who made representations in accordance with the pro visions of any regulations made under article 54(3) or the public as he may deem appropriate: Provided that for such meetings in which the Executive Council is to consider a planning control application in terms of article 54( 1), (2) and (3), descheduling or a request for reconsideration of schedulin g in terms of article 57(10), the Executive Chairperson may, where he deem s appropriate, convene and conduct the meeting of the Executive C ouncil through such electronic or other viable means of communication as he deems appropriate. In such case, and subject to the powers of t he Executive Chairperson in accordance with the foregoing paragrap h, the applicant or the owner (in the case of requests for reconsidera tion from scheduling) and his representative, or any one of them, any int erested third party who made representations in accordance with the pro visions of any regulations made under article 54(3), or any member of t he public who, in the absolute discretion of the Executive Chairpe rson, is allowed to make submissions, shall be allowed to make submissio ns through such electronic or other viable means. The Executive Chairperson may take all such measures, deemed appropriate in his discretion, to ensure the proper conduct of the meeting by elec tronic or other viable means: Provided further that, in order to allow a member of the public t o participate in any such meeting held through electronic or othe r viable means of communication as aforesaid, the Executive Chairperson may, through a notice posted on the electronic portal of the Plannin g Authority, require that anyone interested in participating in t he said meeting, to register such interest, in the manner therein indic ated, at least one working day before the date of the meeting, in order to enable the Executive Chairperson to take any measure he deems appropri ate to allow the participation of the member of the public. Nothing in this paragraph shall be interpreted as voiding or annulling the proc edure or parts thereof, including any decision taken by the Executive Co uncil, should any member of the public fail to participate in the proc eedings, wherever allowed to do so, due to the failure of the electronic or other means used to conduct the meeting or his inability to do so: Provided further that in the event that the Executive Council c onducts any such meeting of the Executive Council through such electron ic or other viable means of communication, any reference in this Sche dule to a quorum or any reference made to presence of or voting by the members of the Executive Council at the meeting shall be construed accordingly: Provided further that any such meeting of the Executive Council held through electronic or other viable means of communication in ac cordance with this paragraph shall have the same effect at law as if the said meeting was not held through such means. 82 [CAP. 552. DEVELOPMENT PLANNING (g) Where the Executive Council votes against a recommendation, if any, made by the Executive Chairperson, the Executive Council shall register in the relevant file the specific planning reasons adduced by it justifying the overturning of such recommendation. (h) Meetings of the Executive Council on the contents of a plann ing control application to the Executive Council, may also not be held in p ublic but votes may not be taken. (i) Subject to the provisions of this Act, including this Schedu le, the Executive Council may regulate its own procedure. 1. The provisions of this Schedule regulate the procedures to be used by the Planning Board and the Planning Commissions. For the purposes o f this Schedule, wherever the word "Planning Board" is used, it is to be constru ed as to include the Planning Commissions, unless the context otherwise requires. 2. The Planning Board may act notwithstanding any vacancy amongs t its members, provided there is a quorum present at the meeting. 3. The quorum of the Planning Board shall consist of the Chairpe rson or deputy Chairperson and not less than half the number of the oth er members constituting the Planning Board, at the time of the meeting. 4. The meetings of the Planning Board shall be called by the Cha irperson either on his own initiative or at the request of any two membe rs of the Planning Board, and the Planning Board shall also meet at such times as it may itself decide. 5. The Chairperson, or the deputy Chairperson acting in his plac e, shall have an original vote, and where the votes are equally divided, a se cond or casting vote. All members of the Planning Board present at its meetings shall cast their vote in favour or against any motion put to the vote. Decisions shall b e adopted by a simple majority of the votes of the members present and voting. 6. Without prejudice to the provisions of article 13, a member o f the Planning Board who has a direct or indirect interest in any matter comin g before the Planning Board for consideration shall, not later than the first meeting held after the relevant circumstances have come to his knowledge, disclose the nature o f his interest. Such disclosure shall be recorded in the minutes of the meeting and the member: (a) shall not take part in any discussions or decisions of the Pla nning Board with respect to that matter; and (b) shall be disregarded for the purpose of constituting a quorum for any such discussions or decisions. 7. All acts done by any person in good faith as a member of the Planning Board shall be valid and effective as if he were a member even if som e defect in his qualification for appointment is subsequently discovered. 8. Subject to the provisions of this Act, including this Schedul e, the Planning Amended by: L.N. 109 of 2020. SECOND SCHEDULE Provisions with respect to the Planning Board and the Planning Commissions DEVELOPMENT PLANNING [CAP. 552. 83 Board may regulate its own procedure. 9. The meetings of the Planning Board shall be open to the publi c, and the Planning Board shall allow the applicant and his representative , or any one of them, and an interested third party who made representations in accor dance with the provisions of article 71(6), to make submissions on any matter under consideration. The Chairperson, at his absolute discretion, may also allow any other member of the public to make submissions, subject to the power of the Chairpe rson to exclude any member of the public if he deems it necessary so to do for the maintenance of order and to limit the participation of the applicant and his represe ntative or of the interested third party who made representations in accordance w ith the provisions of article 71(6) or the public as he may deem appropriate: Provided that the Chairperson may, where he deems appropriate, convene and conduct the meeting of the Planning Board through such elec tronic or other viable means of communication as he deems appropriate, in which case, the applicant and his representative, or any of them, and an interested third party w ho made representations in accordance with the provisions of article 71(6), and any member of the public who, in the absolute discretion of the Chairperson, is allowed to make submissions, shall be allowed to make submissions through such electronic or other vi able means. The Chairperson may take all such measures, deemed appropriate in h is discretion, to ensure the proper conduct of the meeting by electronic or other viable means: Provided further that, in order to allow a member of the public t o participate in the meeting held through electronic or other via ble means of communication as aforesaid, the Chairperson may, through a noti ce posted on the electronic portal of the Planning Authority, require that anyon e interested in participating in the said meeting, to register such interest, in the manner t herein indicated, at least one working day before the date of the meeting, in order to enable the Chairperson to take any measure he deems appropriate to allow the participation of the member of the public. Nothing in this paragraph shall be interpreted as voiding or an nulling the procedure or parts thereof, including any decision taken by the Planning Boa rd, should any member of the public fail to participate in the proceedings, wherever all owed to do so, due to the failure of the electronic or other viable means used to conduct the meeting or his inability to do so: Provided further that in the event that the Planning Board cond ucts the meeting of the Planning Board through electronic or other viabl e means of communication, any reference in this Schedule to a quorum or an y reference made to presence of or voting by the members of the Planning Board at t he meeting shall be construed accordingly: Provided further that meetings of the Planning Board held throu gh electronic or other viable means of communication in accordance with this par agraph shall have the same effect at law as if the said meetings were not held throug h such means. 10. Where the Planning Board votes against a recommendation, if any, made by the Executive Chairperson, the Planning Board shall register in the relevant file the specific planning reasons adduced by it justifying the overturn ing of such recommendation: Provided that the Planning Board may also delegate to the Chair person or any of its members, the power to endorse any documents or plans relating to any matter under its consideration. 84 [CAP. 552. DEVELOPMENT PLANNING 11. Meetings of the Planning Board where the Executive Chairpers on is providing information on the contents of a development applicat ion to the Planning Board, may also not be held in public but votes may not be take n. THIRD SCHEDULE The Standing Committee on the Environment and Development Planning The plans and policies that shall be referred to the Standing C ommittee in accordance with the provisions of article 60 are: (a) those plans and policies which refer to the land situated outs ide the development zones as defined in the Spatial Strategy or in any other plan; (b) those plans and policies which exclusively regulate height lim itations and restrictions thereon; (c) local plans, excluding minor amendments to such plans; (d) policies relating to and regulating compliance certificates. FOURTH SCHEDULE List of observatory members of the Executive Council (i) National Commission Persons with Disability (KNPD); (ii) The Superintendent of Cultural Heritage; (iii) Occupational Health and Safety Authority; (iv) Transport Malta; (v) Malta Tourism Authority; (vi) Water Services Corporation; (vii) Civil Protection Department; (viii) Enemalta Corporation; (ix) Any other government department, entity, authority and any other non- government entity indicated by the Minister from time to time.