MEPA offering ‘compromise penalty’ for illegalities

Owners of illegalities served with an enforcement notice and daily fines imposed by the Malta Environment and Planning Authority have been given a new legal option, which enables them to propose a “compromise fine”.

The lowest daily fine foreseen in legislation approved in 2011 is set at €2 and the highest is capped at €50 per day. 

But a new legal notice states that the authority can consider written requests from persons served with daily fines to pay a “compromise fine” instead.

Any such request must specify “the impelling reason” why the penalty established by law must not be paid as well as “the manner in which the fine” is to be changed.

The new legal notice also foresees the creation of a new committee composed of three board members, one of whom is the chairman of the authority or a chairperson of one of the two Environment and Planning Commissions.  

Prior to 2011 the maximum fine envisioned by law amounted to just €2,300.

The law regulating daily fines categorises illegalities into four main sections namely, developments that are not in accordance with a development permit; developments without any development permission (whether in ODZ area or not), minor developments and other offences.

“There is a distinction being made between infringements carried out within the development zone, and those carried outside the development zone. Penalties for breaches carried out in a protected area can increase by 100% and can go up to as much as €50,000,” it said.

According to law MEPA cannot regularise illegal development carried out in ODZ if this was carried out after 2008.