Development Planning Act (Cap. 552), article 63

63. (1) There is hereby established a Planning Board which shall consist of the members mentioned in sub-article (2), whic h members shall, save as hereunder provided, be appointed or chosen, as the case may be, by the Minister. DEVELOPMENT PLANNING [CAP. 552. 41 (2) The members of the Planning Board shall consist of the following: (a) a Chairperson, who shall be chosen from the five members mentioned in paragraph ( b); (b) five members, (hereinafter called the "independent members") chosen from amongst persons of known integrity and with knowledge of and experience in any of the following: (i) commerce, economy and industry; (ii) cultural heritage; (iii) matters relating to environment, development, social and community affairs; (iv) sustainable development and urban planning; and (v) architecture and infrastructure; (c) one member who shall be chosen from amongst the chairperson/s of the Planning Commissions; (d) two members who shall be members of the House of Representatives and of which one shall be appointed by the Prime Minister and the other by the Leader of the Opposition; (e) a member representing the interests of environmental NGOs, who shall be chosen from amongst a number of persons nominated by the said NGOs; (f) a member representing the Malta Environment Authority; (g) three 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; (h) a member chosen by the local council, within whose boundaries a major project application lies, which member shall be considered as a member of the Planning Board only when the Planning Board is deliberating and deciding a major project application within the boundaries of that particular local council. In the case where a major project lies within more than one local council boundary, the member shall be chosen from among the persons chosen by the respective local councils within whose boundaries a major project application lies: Provided that the Planning Board shall be properly constituted and may function notwithstanding any failure to appoint either or both members of the Planning Board mentioned in paragraph (d), or any failure to make the required nominations under paragraphs ( e) or (h). (3) The Chairperson of the Planning Commission appointed as 42 [CAP. 552. DEVELOPMENT PLANNING member of the Planning Board shall be appointed as deputy chairperson. (4) Save as provided in sub-articles (2) and (3), no person shal l be qualified to be appointed as, or remain, a member of the Planning Board if he: (a) is a public officer: Provided that the Executive Chairperson and the Chairperson of the Planning Commission, shall not be considered as public officers for the purposes of this sub-article; (b) is an employee of any department, agency, Corporation or Authority of the Government, provided that for the purposes of this paragraph a member of the academic staff of the University shall be excluded; (c) is a Minister, Parliamentary Secretary or a member of the House of Representatives, of the European Parliament or of a Local Council; (d) is a judge or magistrate of the courts of justice; (e) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as a member of the Planning Board: Provided that the Minister may determine that the person’s interest is not likely to affect the discharge of his functions and upon such determination that person shall be qualified to hold the office of member of the Planning Board provided that the declared interest and the Minister’s determination are published in the Gazette; (f) is interdicted or incapacitated; (g) is convicted of an offence affecting public trust, or of theft or fraud, or of knowingly receiving property obtained by theft or fraud or of bribery or of money laundering; or Cap. 386. (h) is subject to disqualification under article 320 of the Companies Act. (5) The independent members and the member representing the interests of environmental NGOs, shall hold office for such per iod, being not less than three years, as may be specified in the let ter appointing them and if no such period is specified shall remain in office for three years. In determining such period of office th e Minister shall, as far as practicable, ensure a measure of rota tion. (6) Without prejudice to the provisions of sub-article (5), the independent members and the member representing the interests o f environmental NGOs may resign by letter addressed to the 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 member chosen by the local council or chosen by the Minister from the members nominated by different local councils , DEVELOPMENT PLANNING [CAP. 552. 43 as the case may be, shall remain in office only until the Plann ing Board decides the particular major project application within t he boundary or boundaries of the respective local council or local councils. (8) The other members of the Planning Board shall hold office until they are replaced by the Minister, and as long as they re main public officers or members of the House, as the case may requir e. Members of the House may also resign from office by letter addressed to the authority appointing them. (9) A person who has ceased to be a member of the Planning Board shall be eligible for reappointment, but no person shall be a m ember of the Planning Board for a total of more than six years. (10) The provisions of the Second Schedule shall apply to the Planning Board and regulate its proceedings. (11) The Planning Board shall transmit a copy of the agenda, minutes and relative enclosures of its meetings to the Minister for his information. Functions of the Planning Board. Substituted by: XXI.2022.6.