Thesis Abstract and Dissertation Abstracts
Development Planning Legislation
Abstract Category: Laws
Course / Degree: Doctor of Laws
Institution / University: University of Malta, Malta
Published in: 2003
The concept of development planning, and the legislation thereof, has changed somewhat in its scope and dimension throughout the years, and what was meant as development planning fifty years ago does not necessarily equate with what we understand by this concept today. The earliest known local legislation to effect a form of planning in development dates back to the enactment of the Code of Police Laws, in 1854. This has been in fact the principle regulatory force that dealt with town planning until the enactment of the Development Planning Act 1992. Following the Code of Police Laws, various other pieces of legislation where enacted to deal separately and individually with problems related to the preservation, in general, of architectural and cultural heritage structures and/or certain natural resources.
Hence until 1983, the year of the enactment of the notorious Building Development Areas Act, legislation was sporadic and concerned chiefly the preservation of structures, such that they would not be lost to posterity. Nevertheless the notion of creating an ad hoc law, an entire chapter dedicated to planning development, was made prior to 1983, specifically in 1969 through the Town and Country Planning Act . It was meant to consolidate all previous existing legislation into a single act. This regrettably, however, never materialised. Following the unregulated period of development mentioned previously between 1983 and 1991, the whole concept of development planning changed. The transition that took place from one where mere specific structures and a few resources were preserved for archaeological and historical value, to a new vector of ecocentric development. The ultimate goal of development planning would be to allow development in harmony with the preservation, primarily, of our natural environment.
And this is what is meant by a sustained development. This dream started to materialise through the enactment of the Environment Protection Act in 1991 and the subsequent Development Planning Act in 1992. The former enactment came to be through the growing importance that environmental legislation was receiving on the international level, and is a landmark legislation that demonstrates the efficacy of issues, which become the subject of international law, at the domestic level. The 1992 enactment may be said to be a natural consequence of the Environment Protection Act, which was extensively based on Sir Desmond’s Town and Country Planning Act of 1969. Subsequently the Development Planning Act, 1992 was amended through the Development Planning (Amendment) Act 1992, the Development Planning (Amendment) Act 1997 and the Auditor General and National Audit Office Act, 1997.
The powers of enforcement of the Authority did not really change through these amendments. The changes brought about by the subsequent amendments to the law regarded chiefly the procedures that the Authority and its associated bodies adopted in their operations and in their constitution.
Long Essay Keywords/Search Tags:
Code of Police, Planning Authority, Area Permits Board, Civil Code, Protection Act, Development Planning Act, Protection Regulations, sustainability, eco-development, preservation, natural resources
This Long Essay Abstract may be cited as follows:
Calleja, E. (2003), Development Planning Legislation, Unpublished Doctor of Laws Long Essay, University of Malta
Submission Details: Long Essay Abstract submitted by Etienne Calleja from Malta on 22-Oct-2003 05:09.
Abstract has been viewed 2952 times (since 7 Mar 2010).
Etienne Calleja Contact Details: Email: eac1024@onvol.net
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