Development Planning Act (Cap. 552), article 85

85. (1) The Minister may, acting in accordance with the provisions of article 84, make regulations for the better carry ing out of the provisions of this Act and may in particular by such regulations appoint the Authority or any person or body to be the designated authority for the purposes of any international obligation to which Malta may be a party. (2) Without prejudice to the generality of the provisions of sub - article (1), such regulations may, in particular: 60 [CAP. 552. DEVELOPMENT PLANNING (a) prescribe the charges and fees that may be levied by the Authority for services rendered by it under this Act, or in respect of any matter for which it is considered that a fee should be payable; (b) provide for the procedure to be applied by the Authority and the applicant before and after the submission of an application under this Act, as well as fees chargeable therefor, as well as the procedures to be used by the applicant and the Authority in the processing of the said application, including, but not limited to, the advertising, communication and vetting of the said application, and the general conditions under which the Authority may require the giving of financial guarantees or the provision of assurance to make good for any damage that may be caused; (c) prescribe what type of information held by the Authority shall be accessible to the public, as well as to establish the procedure concerning access thereto and the relative fees to be paid to obtain copies of such information; (d) give effect to any international treaty or instrument, including directives, regulations and decisions, relating to any matter governed by this Act to which Malta may from time to time be a party or subject to, and to set up structures and make other provisions for the implementation thereof; (e) provide for any matter relating to planning and development and sanitary or other activities affecting land or sea, including policy requirements relating to construction, demolition and alteration works, as well as any other matter relating thereto, taking account of all relevant considerations, including safety, aesthetics, health and environment; (f) prescribe the manner in which Development Permission Fees or other charges, contributions or fees made under this Act or under regulations made under this Act are to be established, made, reviewed, collected, utilised or otherwise dealt with; (g) in relation to confiscation of objects used for, or in connection with anything contrary to the provisions of this Act or any regulations issued thereunder and related matters: (i) establish the circumstances where such objects can be confiscated and establish the relative procedure for their confiscation and disposal; (ii) authorise and regulate clamping, towing, removal and storage by the Authority of any object used for or in connection with anything contrary to the provisions of this Act or any regulation issued thereunder; (iii) exclude the Authority from any liability, other DEVELOPMENT PLANNING [CAP. 552. 61 than liability for gross negligence, incurred in connection with the execution of its duties under the said regulations; (iv) provide for the disposal of such objects when the said objects are not claimed by their owners within such time as may be prescribed; (v) establish fees payable to the Authority for the removal of clamps, for towing, for the storage of such objects and for the auction or other form of disposal of such objects; (vi) establish offences and the relative punishments in relation to matters referred to in sub- paragraphs (i) to (v); (h) specify the type of illegal activity the provisions of articles 101 and 103 shall apply to and establish the relative penalty; (i) amend, substitute, add to or otherwise alter anything contained in the Schedules to this Act; (j) prescribe regulations for any other purpose for which regulations are authorised or required to be made; (k) prescribe the form of any notice, order or other document authorised or required by this Act to be made, served or given; (l) regulate how any notice or communication to or from the Authority which in terms of this Act shall be in writing, may be made in electronic form; (m) provide that any person who acts in contravention of any regulation under this Act shall be guilty of an offence against this article, and establishing such penalty, being a penalty not greater than a fine (multa ) of two hundred and forty thousand euro (€240,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment, to which any person so guilty may be liable: Provided that such regulations may provide that a person, who, having been sentenced for an offence against the same regulation by a judgement which has become absolute, commits a further offence against the same regulation within such time as may be prescribed, shall be liable to pay a higher fine (multa ), not exceeding double the fine ( multa ) which would otherwise have been inflicted, and for the purpose of this proviso the maximum fine that may be established by such regulations shall be four hundred and eighty thousand euro (€480,000): Provided further that such fine shall in all cases be due to the Government as a civil debt, and that where the person guilty of the offence is a director, secretary or manager of a body corporate for the economic benefit of whom the offence was committed, such body corporate shall be liable in solidum with the offender 62 [CAP. 552. DEVELOPMENT PLANNING for the payment of the said civil debt; (n) prescribe any other matter that is to be or may be prescribed under this Act. (3) Notwithstanding the other provisions of this Act or of any other law, Schedules annexed to regulations made under this Act may be made or published in the English language only. Power to make regulations on the issue of licences in the building industry and the registration of consultants in the building industry, building contractors and building tradespersons.