Development Planning Act (Cap. 552)

Development Planning Act (Cap. 552), article 65

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65. (1) There shall be a Commission, to be known as the Planning Commission, which may have such number of divisions as the Minister may by order in the Gazette prescribe. The Commission or such number of divisions of the Commission, shall deal with such types of applications as the Minister may, after consulting the Executive Chairperson, prescribe. (2) The Commission or in case of there being a number of divisions, each division of the Commission, shall be appointed by the Minister and shall consist of three permanent members including its Chairperson, and one supplementary member. The Commission shall be chosen from persons of known integrity and who shall have knowledge of, and experience in, matters relating to sustainable development: Provided that the three persons who are appointed to act as permanent members of the Commission or a division of the Commission, as the case may be, shall attend the meetings of the Commission and take part in the deliberations and decisions, wh ile the supplementary member may attend meetings, but shall only take part in the deliberations and decisions in substitution of any permanent member who cannot for any reasonable cause properly fulfil his duties. (3) The members of the Commission shall hold office for a period of four years. They shall be eligible for reappointment for further terms, each term being a period of four (4) years. The provisions of article 63(6) shall also apply to the members of the Commission. 44 [CAP. 552. DEVELOPMENT PLANNING (4) Subject to sub-article (1) of this article and to article 75 , the functions of the Commission shall be such of the functions of t he Planning Board with respect to development control as the Planning Board may from time to time delegate to it and require it to perform, subject to such conditions as the Planning Board ma y deem appropriate. (5) The decisions of the Commission on any development permission issued by it shall be deemed to be, and shall have t he same force and effect as, the decisions of the Planning Board, except in respect of matters which the Planning Board expressly reserves to itself or requires to be referred to it for determi nation, and the expression "decision of the Planning Board", wherever i t appears in this Act, shall be construed accordingly. (6) The decisions of the Commission shall only be binding if they are supported by the votes of not less than two of its mem bers. The decisions shall be published as soon as practicable after t he meeting at which they are taken. (7) The Commission shall communicate to the Executive Chairperson a copy of its decisions and the relative deliberati ons leading to its decisions, as soon as practicable after the meet ing at which the decisions are taken. (8) Subject to the foregoing provisions of this Act, and to the Second Schedule, and to any rules that may be prescribed by the Planning Board, the Commission may regulate its own procedures. (9) The staff of the Commission shall consist of officers and employees of the Authority detailed to service the Commission, and the Executive Council shall further provide the Commission, out of its own resources, with such other support as the Commission may reasonably require to carry out its functions. (10) The Commission may at any time draw up reports, which shall be discussed by the Authority: (a) on any issue relevant to this Act, including on any particular application; (b) concerning the development control process; and (c) on any subject which should be addressed by the Executive Council by means of a new policy or an amendment to an existing one. The Agricultural Advisory Committee.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.