The environment and development planning bill : proposals for improvement

Abstract

The Environment and Development Planning Bill will codify, with amendments, the Environment Protection Act and the Development Planning Act into one law. This paper studies this Bill from the perspective of development planning legislation. It sets out the contribution this Bill will make to Administrative Law, Human Rights Law and the Law of Procedure. In certain respects, the Bill introduces novel concepts aimed at strengthening transparency and accountability in the workings of the Malta Environment and Planning Authority (MEPA). In places, the Bill does not go far in strengthening democracy in the development planning process. The paper thus suggests how the Bill can provide for a better application of the constitutional doctrine of the separation of powers, and for the human right of a fair hearing before an independent and impartial tribunal, whilst guaranteeing the institutional autonomy of MEPA from governmental interference in policy making and decision making.