Parliament yesterday concluded its discussion at committee stage on the three Bills that will pave the way for the demerger of Mepa into separate planning and environment authorities.
The discussion yesterday was on the Environment and Planning Review Tribunal Bill, which provides for a tribunal to review the decisions of the Planning Authority and of the Environment and Resource Authority.
It followed debate on the Development Planning Bill and on the Environment and Resources Bill which started in July last year and ended earlier this month.
Yesterday’s debate on the third Bill, in contrast with the previous two which took several sittings, lasted just under five hours and Parliament discussed it in just one sitting. The last of five debates on the Development Planning Bill had lasted close to 10 hours.
The Environment and Planning Review Tribunal will be composed of panels, chaired by a chairperson and another two members one of whom will be appointed deputy chairperson.
Two members of each panel should be persons who are well versed in development planning legislation and environmental legislation. The other member should be a lawyer.
Members of the tribunal hold office for a term of five years and will not be eligible for reappointment for a subsequent term.
The provisions outlined in the Bill regulating the appointment of the tribunal members were modified. Justice Minister Owen Bonnici submitted an amendment providing for their appointment to be made by the President on the advice of the Prime Minister rather than by the Prime Minister. The proposed amendment submitted was approved. An administrative secretariat supporting the tribunal, led by the secretary and including the required officers, will be appointed by the Prime Minister.
A proposed amendment by Marthese Portelli (PN) – that these persons should be chosen by the members of the tribunal following a public call for applications – was not approved.
Dr Portelli also criticised the provision under which the Prime Minister may order that any other decision of the Planning Authority will be subject to the jurisdiction of the tribunal, saying this was giving wider powers to the Prime Minister.
Towards the end of the debate Dr Portelli withdrew a proposal to the effect that penalties and fees in relation to the tribunal should be deposited into the consolidated fund rather than the planning authority’s fund.