A critical appraisal of article 11 of chapter 551 of the Laws of Malta

Abstract

This work aims to analyse any boundaries and limitations, imposed by Article 11 of the Environment and Planning Review Tribunal Act ; through a theoretical research, as accentuated by Maltese case law. This paper begins by analysing the various Directives of the European Union which are relevant to the safeguarding of the environment and the introduction of the notion of a ‘wide access to justice’. It then shifts its focus to what encompasses an ‘interested third party’ with regards to one’s rights to appeal before the Environment and Planning Review Tribunal in Malta . To determine this, the paper performs a critical analysis on Article 11 of Chapter 551 and aims to be in a position to determine its shortcomings in terms of aggrieved third parties who are interested to lodge an appeal before the Tribunal. A number of environmental law judgements which have been delivered by Maltese Courts are examined in order to be able to distinguish any ambiguities in this regard. A short comparison is made between the restrictive Article 11 CAP 551; which relates to the possibility of appealing decisions of the Planning Authority, and the non-restrictive Article 47 CAP 551; relating to the possible appeal of decisions of the Environment and Resources Act. The effects of Article 22(1) of the Development and Planning Review Tribunal Act are also addressed in this regard. Following the completion of this detailed inquiry, the author proposes an amendment to Article 11 which attempts to neutralise the existing limitations, by imposing less or no restrictions on the rights of interested third parties to lodge an appeal before the EPRT.