Development Planning Act (Cap. 552)

Development Planning Act (Cap. 552), article 95

Official PDF on legislation.mt

95. (1) The Executive Council shall monitor all activities falling within the scope of this Act, including all development operations to ensure that all such activities and development are carried out only in accordance with the requirements of this Ac t and in compliance with the decisions lawfully taken under this Act and may for such purpose request and obtain the assistance of t he Police Force, any local council, any department of Government o r any agency of Government. (2) The Executive Council shall also undertake a review of all such activities and development carried out before the coming i nto force of this Act, or any other Act preceding this Act, not bei ng development carried out before 1967, not in compliance with rul es, regulations, plans or policies in force at the time the activit y or development took place, and in respect of any such activity or development the Executive Council shall have such powers as it has in respect of an activity or development carried out after the coming into force of this Act in order to ensure that the rules , regulations, plans and policies aforesaid are enforced or, if t his is not reasonably possible, to regularise any such activity or development to the extent the Executive Council deems adequate in the circumstances: Provided that the onus of proof that a development or activity is not in compliance with rules, regulations, plans or policies in force at the time the activity or development took place is on the Executive Council. (3) The Executive Council shall also monitor all activities falling within the scope of this Act, to ensure that all such a ctivities are carried out in accordance with licences, permits, certifica tes issued by the Authority concurrently with the planning decision . Officers.96. (1) The Executive Council may appoint officers for the purposes of this Act, and such officers may, upon production of proof of their identity, in order to ensure compliance with this Act 64 [CAP. 552. DEVELOPMENT PLANNING or any regulations made thereunder: (a) enquire from any person information in connection with any activity or other matter regulated by this Act; (b) issue stop notices or enforcement notices or stop and enforcement notices or warning notices to any person in accordance with the provisions of article 97. Cap. 9. Cap. 37. (2) The provisions of sub-article (1) shall be without prejudice to the powers of the Police, Community Officers, the Comptrolle r of Customs or of any other authority under the Criminal Code, the Customs Ordinance or any other law. (3) Officers appointed under this article shall, notwithstanding any other law, have the right to assist the police in the condu ct of prosecution for offences under this Act and to plead the case o n behalf of the prosecution. Enforcement procedure.

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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.