| CODE | ERL5002 | ||||||
| TITLE | Environmental and Planning Law Relevant to Construction | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Environmental and Resources Law | ||||||
| DESCRIPTION | The study-unit will cover the basic principles of Environmental and Development Planning law, Heritage law and Resources law. It will discuss the relationship with the basic policies related to Land Use and evaluate the distinction between Law and Policy. The study-unit will then focus on the relationship between Environmental law and Development Planning law and their interface with Resources law and Heritage law. The study-unit will provide an in depth examination of the legal Sources namely, The Environment and Development Planning Act, the Heritage Act, The Malta Resources Authority Act and related subsidiary legislation. The study-unit will discuss the legal aspects of Zoning, the Structural Plan and Local Plans. It will also assess the legal implications of the Strategic Environment Assessment, the Environment Impact Assessment. Special attention would be given to the effects of Specially Protected Areas and the Habitats Regulations, the Management of Resources relating to Land Use and the Permitting Procedure for Land Use and Management. Finally the study-unit will provide an in depth coverage of the available legal remedies involving land use as a resource. Study-unit Aims: The aim of this study-unit is to: - Give a basic but comprehensive overview of the legal obligations relating to land use from the developmental/exploitative/sustainability perspective; - Disseminate the knowledge and help students apply in practice the basic legal aspects that need to be taken into consideration during construction management in order to grasp the rights and liabilities involved. - Acquaint the students with the legal major principles underlying in development of land namely planning law, environmental law, heritage law and resource management law, facilitating the complex interface between the numerous legal instruments that apply; - Facilitate the understanding of the procedures involved in submitting an application to develop land and how this procedure evolves, how a final decision is taken as well as the remedies available after a final decision. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Recall the basic legal principles relating to the land development during construction operations as they emerge from the various sources of Maltese law; - Relate legal terms and legal procedures to land development in so far as this has an impact on the environment, on resource management and the heritage; - Explain the general position of the law in this respect; - Identify who are the relevant parties involved in regulating land use and which are the institutions that implement the applicable law; - Acquaint themselves with the provisions of Maltese law regulating the functions of the various boards, committees and other organs established by the Malta Environment and Planning Authority; - Know how the law is applied in practice and what are the rights and obligations of the construction manager and the developer in the process; - Distinguish between development control and development planning and the separate legal regimes regulating both these areas of development planning legislation; - Understand what rights are afforded to interested third parties within the development planning process. 2. Skills: By the end of the study-unit the student will be able to: - Interpret the meaning and legal implications of an application for development of land and the process to approve or refuse such an application; - Distinguish the legal procedures involved and the authorities responsible for their implementation; - Examine the risks and burdens involved as a result of these legal obligations imposed when projecting land management; - Compare and contrast the functions, powers and duties of all extant boards and committees established under the Environment and Development Planning Act; - Advise any person on procedures followed by the Development Control Commission, the Malta Environment and Planning Authority and the Planning Appeals Board; - Apply established case law to pending development permission applications; - Critically appraise the lacunae and difficulties posed by development planning legislation and propose options to overcome them; Main Text/s and any supplementary readings: Bibliography: - Borg Simone and Spiteri Louise " Environmental law in Malta" , Kluwer Publications, 2009. - Kevin Aquilina “Development Planning Legislation: The Maltese Experience.” Msida, Mireva Publications, 1999. Additional Readings: - Kevin Aquilina “Decizjonijiet Dwar L-Ippjanar”. Sliema, Legal (Publishing) Enterprises, 1995. (Volumes I to VIII consisting in the decisions delivered by the Planning Appeals Board). - Kevin Aquilina “Humpty Dumpty and Planning Obligations in Law and Practice”, Valletta, the Malta Chamber of Advocates, Issue 1, December, 2000 (pp. 5 – 7). - Kevin Aquilina, ‘Rationalising Administrative Law on the Revocation of Development Permissions’, BOV Review, Autumn 2006, No. 34, pp. 19-38. - Kevin Aquilina ‘The Plea of Res Judicata in Administrative Law With Special Reference to Development Planning Legislation: The Maltese Experience,' Id-Dritt, Volume XX, September 2009, pp. 19-43. Case Law: - Planning Authority Web Page (www.pa-malta.org) for all the decisions of the Planning Appeals Board. - Ministry of Justice Web Page (www.justice.gov.mt) for all legislation relating to Development Planning Legislation and for all the recent case law of the Maltese Courts. Legislation: - Development Planning Act, Chapter 356 of the Laws of Malta. - Environment and Development Planning Act, 2010. Available from websites: - The Environment and Development Planning Act (www.mepa.org). - The Malta Resources Authority Act (www.mra.org). - The Heritage Act(www.lawsofmalta.org.mt). |
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| STUDY-UNIT TYPE | Lecture and Seminar | ||||||
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| LECTURER/S | Christopher Attard Claire Bonello Aimee Brincat Margaret Camilleri Fenech Kenneth Cauchi Antoine Grima Ivan Mifsud Louise Spiteri David Xuereb |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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