The new Planning Authority : the main structural changes

Abstract

The Development Planning Act, 2016 (also referred to as ‘new Planning Act’ or ‘2016 Planning Act’), the Environment Protection Act, 2016 (also referred to as ‘new Environment Protection Act’) together with the Environment and Planning Review Tribunal Act, 2016 (also referred to as ‘Tribunal Act’) repealed the previous Environment and Development Planning Act.

Article 3 of the new Planning Act puts the onus on government ‘to enhance the quality of life for the benefit of the present and future generations, without compromising the ability of future generations to meet their own needs, through a comprehensive sustainable land use planning system.’ To achieve this aim, Part II of the said Act sets out six principles, described as ‘fundamental to the Government of Malta’. The following Article states that these principles are ‘not directly enforceable’ in a Court of Law but should nonetheless be ‘employed in the interpretation’ of the Act. On the other hand, the Environment Protection Act, 2016 aims ‘to protect the environment and to assist in the taking of preventive and remedial measures to protect the environment and manage natural resources in a sustainable manner.’