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MANDATE 2016/2 – PURCHASE OF PARKING SPACES

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THE URBAN PLANNING AND LAND VALUE LAW {Laws, 90 of 1972, 56 of 1982, 7 of 1990, 28 of 1991, 91 (/) of 1992, 55(1) of 1993, 72(1) of 1998, 59(1) of 1999, 142(1) of 1999, 241 (1) of 2002, 29(1) of 2005, 135(/) of 2006 , 11 (1) of 2007,46(1) of 2011, 76(1) of 2011, 130(1) of 2011, 164(1) of 2011, 33(1) of 2012, 110(1) of 2012, 150(1) of 2012, 20(1) of 2013, 65(1) of 2013, 120(1) of 2014, 29(1)of 2015, 39(1) of 2015 and 134(f) of 2015} MANDATE 2/2016 Order based on the article 6 of the Law 1. The Minister of the Interior, exercising the powers conferred on him under the article 6 of the Town Planning and Spatial Planning Law, issues this Order in order to establish a uniform policy and uniform practice regarding the mechanism and procedures for the acquisition of parking spaces, the establishment and operation of the Special Fund for the Acquisition of Parking Spaces, the determination of the price of the purchase of parking spaces and any Government subsidy for the creation of public parking spaces and other related matters. 2. The institution of the acquisition of parking spaces can be applied in the cases specified in the corresponding policy of the published Local Plans (Mandate 1 /2016 which replaced the Order 3/2011) and Annex B of the Policy Statement, as long as there is an agreement between the Minister of the Interior, or Authority to which the relevant powers have been assigned to him and the owner of the parcel to be developed, as provided in the article 43 of the Law on Town Planning and Spatial Planning. 3. Mechanism for purchasing parking spaces 3, 1. The owner of a parcel for which planning permission for development has been applied for and in relation to which, according to the relevant decision of the Town Planning Authority, the institution of purchasing parking spaces will be implemented,· after obtaining planning permission, must be submitted to the relevant Competent Authority (And to pay the corresponding amount of money, as specified in para 5 of this Order, upon issuance,· e.hetic with development, building permit in accordance with the Roads and Buildings Regulation Law. This process will be ensured by an appropriate condition in the planning permission and the Planning Authority will be informed by the Competent Authority for the implementation of the condition. 4. Special Fund for the Acquisition of Parking Spaces 4.1. For the implementation of the institution of the acquisition of parking spaces, the relevant Competent Authority will establish a Special Fund for the Acquisition of Parking Spaces, in which they will be deposited 01 resources which; will arise from various sources, as described below. The resources of the Special Fund shall not be held in an inactive state, but will be used exclusively and actively to finance the purchase expense, construction and management of suitable spaces and/or buildings for public vehicle parking (including the necessary equipment), as well as for the payment of rent for renting suitable premises / buildings for public vehicle parking in special cases. Additionally, it is possible, in consultation with the Department of Public Works (where required), to be used for the financing of measures (which fall under the jurisdiction of the relevant Competent Authority) for the promotion and strengthening of alternative means of transport (means of public transport, cycling and walking), such as the creation of bicycle stations, the upgrading and maintenance of bus stops, the maintenance of pavements, pedestrian and cycle paths, etc. The use of the resources of the Special Fund will be done in areas where the institution of the Redemption is applied, where it is expected that there will be a reduced supply of parking and favorable conditions/prospects for the use of alternative means of transport. The resources of the Special Fund may also be used for the creation of parking spaces in suitable areas belonging to the local authority concerned, regardless of when and how they were acquired. 4.2. The revenues of the Special Fund for the Acquisition of Parking Spaces will come from the following sources: (a) . The sums of money to be paid in connection with the acquisition of parking spaces, according to the paragraph 3.1 above. (b) Any grants, donations or loans from the Government or from other sources for the purpose of creating public parking spaces. (c) The resources that will result from the management of the operation of public vehicle parking spaces. (d) The amounts that have already been paid in relation to urban planning permits granted or building permits in cases of Competent Authorities which < :have already implemented the institution of purchasing parking spaces. 4.3. 4.4. · The relevant Competent Authority will be the manager of the above Special Fund. The Special Fund for the Acquisition of Parking Spaces will be controlled by the Auditor General of the Republic. : . 5. 5.1. 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