Development Planning Act (Cap. 552)
Development Planning Act (Cap. 552), article 95
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.
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.