Development Planning (Clamping and Removal of Objects used for of Illegal Development) Regulations, 2002 (L.N. No. 26 of 2002)

L.N. 2<, of 2002 DEVELOPMENT PLANNING ACT (CAP. 356) Development Planning (Clamping and Removal of Objects used for Illegal Development) Regulations, 2002 IN virtue of the powers conferred by subarticle (6) of article 55A and of paragraph (h) of subaiticle ( 1) of article 60 of the Development: Planning Act, the Planning Authority, with the concurrence of the Minister for Home Affairs and the Minister of Finance, has made the following regulations: 1. (1) The title of these regulations is the Development Title and Planning (Clamping and Removal of Objects used for Illegal commencement. Development) Regulations, 2002. (2) These regulations shall come into force on the 1st February, 2002. 2. ( 1) In these regulations, unless the context otherwise Definitions. requires: "the Act" means the Development Planning Act; "the Authority" has the same meaning as is assigned to it in article 2 of the Act; "object" means any equipment, machinery, tools, belongings, cranes, bulldozers, mechanical shovels, vehicles or other objects whether movable or immovable; "site" means any land, building or area at sea where the Authority can execute any enforcement action. Cap. 356. 3. The Authority or any contractor duly authorized by it for Removal etc. of ·r· f l 1 · d d' objects by the spec1 -ic purposes o t 1ese regu atlons may remove, store an 1spose Authority or by its of any object which is being used by any person for the carrying out contractors. of illegal development, or any object which is on the site subject to the execution of an enforcement notice. 4. The Authority or any contractor duly authorized by it for Fix~ngofclamps to specific purposes of these regulations may: =~:=~·and vehicles used for illegal development (a) fix wheel clamps to any object which is used or which the Authority believes that it was or wiJI be used for the carrying out of illegal development on any site; and (b) fix any device to render it inoperable or to render an object unworkable, or to immobilize any object which is used or which the Authority believes that it was or will be used for the carrying out of iHegal deveJopn1ent on any site. Removal of clamps. 5. The wheel clamps shall neither be removed by the Authority Exemption from liability. Notice ofremoval and storage. nor shall the object be returned to its owner before a fee levied by the Authority in terms of these regulations has been paid: Provided that should the owner of the clamped object fail to pay such fee within a reasonable time not exceeding 24 hours, the clamped object shall be removed from site and the fees then due would be those specified in terms of paragraphs (b), (c) and (cf) of regulation 9 of these regulations, as the case may be. 6. The Authority shall be exempted from any liability for damage arising in connection with the fixing or removal of clamps or the removal of any object or the storage or disposal of any object in accordance with these regulations: Provided that a person who acts with malice or is guilty of gross negligence in the performance of his duties during such fixing or removal of clamps or the removal of any object or its storage or disposal, shall not be exonerated from liability for damages caused. 7. (1) The Authority shall publish a notice ofremoval in the Gazette and two other local newspapers, describing the objects removed and indicating the exact locality from where they have been removed. (2) The Authority shall also indicate. in the same notice the place where the objects are being stored and call on their owners to retrieve such objects after producing sufficient proof of their entitlement thereto, together with any such guarantee which the Authority may deem sufficient in indemnifying it against any claim in connection with the return of such object to its lawful owner and together with any payments due as provided in these regulations. Disposal of objects. 8. (1) TheAutl1ority may order the sale of any object if it would still not have been retrieved by its lawful owner within thirty days from the publication of the notice of removal as provided in regulation 7. (2) Any sale made iu terms of subregulation (1) of this regulation shall be made either by public auction or aft.er a call for tenders. (3) The Authority may, at jts discretion, dispose of those objects which have not been sold by public auction or after a call for tenders, after having given at least one month's notice to the Minister responsible for finance. B 259 9. (1) There shall be payable to the Authority the following Fees to be levied by the Authority. foes: (a) for the removal of clamps ................................ LmJOO Provided that for the removal of clamps affixed to a vehicle, the fee is ..... " ............. ,. ....................... Lrn 40 (b) for the release, towing or removal of an object and storage thereof d11ring the first 24 hours or part thereof .................... ,. ...................... Lm 45 ( c) for the storage of the object after the first 24 hours per day or part thereof.. .............................. Lrn 50 (d) for the auction or any other form of disposal of the object .............................................................. JJrn 50 Provided that when additional expenses in excess of each particular fee in paragraph (a), (b), (c) and (d) above have been incurred, the Authority shall also have the right to collect such expenses and subsequently detract them from the proceeds of any sale or disposal of the object or to demand the payment thereof before surrendering any object to its lawful owner or to the purchaser in the event of a sale by auction. (2) In case where the above fees are not collected by the Authority in whole or in part, such uncollected fees can be recovered from the lawful owner of the objects as a civil debt 10. Any actions taken by the Authnri!y llnder these regulations Criminal,civil and administrative shall be without prejudice to any crimiuaI 01 civil action or to any actions to remain enforcement action taken in terrns of the Act unprejudiced. 11. Any unauthorized person who atlcmpls to remove or removes offences. wheel clamps fixed to any object or auempt:-; 1o H';JIJOV1'. or ren10ves any obiect with damned wheels, or at1empls lo cnnl1 av1.mc or con1ravenes the provisions of rcguiatioll 4 of these regulations, shall he guilty of an offence against these regulations and liable, on conviction, to a fine (multa) of not less than one hundred liri and not more than one thousand liri: Provided that in the case of a second or subsequent offence, the offender shall be liable, on conviction, to a fine (multa) of not less than five hundred liri anct not more than five thousand liri and the Court shall order that the said object shall be confiscated and handed over to the Authority tu dispose or in terms of regulation 8 of these regulations.