A LAW TO PROVIDE FOR THE FACILITATION OF STRATEGIC
DEVELOPMENT PROJECTS
Section
1.
2.
Short title.
ARRANGEMENT OF SECTIONS
PART I
INTRODUCTORY PROVISIONS
Interpretation.
3.
4.
5.
Principles governing the licensing procedures of a strategic development
project.
Competent bodies for handling and processing of applications.
PART II
COMPETENCES AND POWERS OF THE MINISTER
Competences and powers of the Minister.
PART III
PROCEDURE FOR DESIGNATION OF A DEVELOPMENT AS A
STRATEGIC DEVELOPMENT PROJECT
CHAPTER I
SUBMISSION OF APPLICATION FOR DESIGNATION OF
A DEVELOPMENT AS Α STRATEGIC DEVELOPMENT PROJECT
1
6.
Submission of application for designation of a development as a strategic
development project and management fee.
7.
Eligible persons.
CHAPTER II
EXAMINATION OF APPLICATION FOR DESIGNATION OF A DEVELOPMENT AS
A STRATEGIC DEVELOPMENT PROJECT
8.
9.
10.
11.
Evaluation criteria for assessing of application for designation of a
development as a strategic development project.
Establishment of the Strategic Development Sector.
Procedure for designation of a development as a strategic development
project.
Catalogue for the issuance of a permit for a strategic development project.
PART IV
LICENSING PROCEDURE OF A STRATEGIC DEVELOPMENT PROJECT
CHAPTER I
SUBMISSION OF PERMIT APPLICATION AND TIME LIMITS FOR
EXAMINATION BY ADMINISTRATIVE AUTHORITIES
12.
13.
14.
15.
General licensing provisions.
Time limits for the examination of the licensing application.
Applicant obligations.
Rescission of strategic development project designation.
2
CHAPTER II
GRANTING OF BUILDING PERMITS
16.
17.
18.
19.
20.
21.
22.
Competency for granting of building permits for a strategic development
project.
Procedure for granting of planning permit and time limits.
Procedure for granting of building permit and time limits.
Administrative review.
CHAPTER III
ENVIRONMENTAL IMPACT ASSESSMENT
Environmental studies
Procedure for the examination of environmental studies.
CHAPTER IV
ISSUANCE OF RESIDENCE PERMITS TO FOREIGNERS FOR THE
IMPLEMENTATION OF A STRATEGIC DEVELOPMENT PROJECT
Issuance of residence permits for staff from third countries.
PART V
DUTIES AND COMPETENCES OF THE PROJECT MANAGER
23.
24.
25.
Duties and competences of the Project Manager.
Management arrangements.
PART IV
FINAL PROVISIONS
Regulations.
3
26.
Obligation of confidentiality for the protection of trade secrets and confidential
information.
27.
28.
29.
Application of provisions of this Law.
Communication by electronic means.
Entry into force of the present Law.
4
No.84(I)of 2023
A LAW TO PROVIDE FOR THE FACILITATION OF STRATEGIC
DEVELOPMENT PROJECTS
The House of Representatives enacts as follows:
Short title.
Interpretation.
158(I) of 1999
99(I) of 2014
28(I) of 2020.
1.This Law may be cited as the Facilitation of Strategic
Development Projects Law, 2023.
PART I
INTRODUCTORY PROVISIONS
2.In this Law, unless the context otherwise provides
“administrative authority” has the meaning assigned to this term by
the General Principles of Administrative Law, Law;
“applicant” means the entity submitting an application for
designation of a development as a strategic development project
and a permit application;
“application for designation of a development as a strategic
development project” means the written application submitted to
the Strategic Development Sector by any entity which declares
itself as an eligible person, pursuant to the provisions of section 7,
and which desires that the development mentioned in the
application be designated as a strategic development project, in
accordance with the provisions of section 8;
“entity” means a person who intends to submit an application for
designation of a development as a strategic development project
to the Strategic Development Sector;
“building permit” shall have the meaning assigned to it by the
5
6
Cap.96.
14 of 1959
67 of 1963
6 of 1964
65 of 1964
12 of 1969
38 of 1969
13 of 1974
28 of 1974
24 of 1978
25 of 1979
80 of 1982
15 of 1983
9 of 1986
115 of 1986
199 of 1986
53 of 1987
87 of 1987
316 of 1987
108 of 1988
243 of 1988
122 of 1990
97(I)of 1992
45(I)of 1994
14(I) of 1996
52(I)of 1996
37(I) of 1997
72(I) of 1997
71(I) of 1998
35(I) of 1999
61(I) of 1999
81(I) of 1999
57(I) of 2000
66(I) of 2000
73(I) of 2000
126(I) of 2000
157(I) of 2000
26(I) of 2002
33(I) of 2002
202 (I) of 2002
101(I) of 2006
21(I) of 2008
32(I) of 2008
47(I) of 2011
77(I) of 2011
131(I) of 2011
152(I) of 2011
34(I) of 2012
149(I) of 2012
66(I) of 2013
40(I) of 2015
19(I) of 2016
111(I) of 2017
143(I) of 2017
143(I) of 2018
17(I) of 2019
53(I) of 2021
132(I) of 2022.
Streets and Buildings Regulation Law;
“building permits” means the planning permit and the building
permit issued in accordance with the provisions of sections16 to
18;
“competent bodies” means the Council of Ministers, other
administrative authorities which are competent for the issuance of
a permit for strategic development projects and any competent
officer who exercises the powers specified in this Law;
Official
Gazette,
Third
Supplement(I):
10.12.1999
11.3.2005.
“Board for the Examination of Deviating Applications” has the
meaning assigned to this term by the Town and Country Planning
(Deviations) Regulations;
“criteria” means the criteria provided by section 8 which the
development must meet in order to be designated as a strategic
development project;
“development” means any investment activity which an entity
intends to undertake and is the subject of the application for
designation of a development as a strategic development project,
as well as of the permit application submitted by the applicant after
the approval of the first application;
“Environmental Impact Assessment Study” has the meaning
assigned to this term by the Environmental Impact Assessment
from Certain Plans and Programmes Law;
“Head of Strategic Development Sector” means the Director of the
Department of Town Planning and Housing;
“licensing authority” means the competent authority granting a
7
permit as provided in the legislation in force for the time being;
“permit application” means the application which an applicant is
entitled to submit to the Strategic Development Sector for the
licensing of a strategic development project, in accordance with the
licensing procedure provided for in this Law;
“licensing procedure of a strategic development project” means the
procedure commencing with the approval of the application for
designation of a development as a strategic development project,
following a decision of the Council of Ministers and completed with
the granting or issuance of the required permits for the
implementation of the strategic development project and by all the
relevant administrative authorities, as provided by the relevant
legislation in force for the time being;
“catalogue for the issuance of a permit for a strategic development
project” means the catalogue of all other required permits and
views and/or opinions of administrative authorities which are
required during the licensing procedure of a strategic development
project;
“member state” means a member state of the European Union;
“Minister” means the Minister of Interior;
“person” means any natural or legal person with or without legal
personality or a group of such persons or their duly authorised
representatives;
8
9
90 of 1972
56 of 1982
7 of 1990
28 of 1991
91(I) of 1992
55(I)of1993
72(I) of 1998
59(I) of 1999
142(I) of 1999
241(I) of 2002
29(I) of 2005
135(I) of 2006
11(I) of 2007
46(I) of 2011
76(I) of 2011
130(I) of 2011
164(I) of 2011
33(I) of 2012
110(I) of 2012
150(I) of 2012
20(I) of 2013
65(I) of 2013
120(I) of 2014
39(I) of 2015
134(I) of 2015
24(I) of 2016
142(I) of 2018
16(I) of 2019
75(I) of 2021.
“planning permit” has the meaning assigned to this term by the
Town and Country Planning Law;
1 of 1990
71 of 1991
211 of 1991
27(I) of 1994
83(I) of 1995
60(I) of 1996
109(I) of 1996
69(I) of 2000
156 (I) of 2000
4 (I) of 2001
94 (I) of 2003
128 (I) of 2003
183 (I) of 2003
31 (I) of 2004
218 (I) of 2004
68 (I) of 2005
79 (I) of 2005
105 (I) of 2005
96 (I) of 2006
107 (I) of 2008
137 (I) of 2009
194(I) of 2011
78(I) of 2013
7(I) of 2014
21(I) of 2014
100(I) of 2015
148(I) of 2017
151(I) of 2017
152(I) of 2017
98(I) of 2020
“public officer” has the meaning assigned to this term by the Public
Service Law;
136(I) of 2020
1(I) of 2022
113(I) of 2022
120(I) of 2022
59(I) of 2023
64(I) of 2023
78(I) of 2023.
127(I) of 2018
23(I) of 2021.
Principles
governing the
licensing
procedures of a
strategic
development
project.
“project” has the meaning assigned to this term in the
Environmental Impact Assessment from Certain Plans and
Programmes Law;
“Project Manager” means the person who has the duties and
competences concerning the administration of an application for
designation of a development as a strategic development project
and/or the licensing procedure of a strategic development project,
deriving from the provisions of this Law;
“strategic development project” means a development for which the
Council of Ministers is satisfied that it meets the criteria provided
by section 8;
“Strategic Development Sector” means the sector of the
Department of Town Planning and Housing which has the powers
and competences deriving from this Law.
3. The competent bodies and the administrative authorities
involved in the procedures for designation and issuance of a permit
for strategic development projects, shall, in accordance with the
provisions of this Law, treat all persons intending to proceed to an
investment activity equally and without any discrimination during
the procedure for designation of a development as a strategic
development project and shall act efficiently within the framework
10
of the principle of legality during the licensing procedure of a
strategic development project, based on the public interest.
Competent bodies
for handling and
processing of
applications.
37(I) of 2022
28(I) of 2023
74(I) of 2023.
Competences and
powers of the
Minister.
4.-(1) Without prejudice to the provisions of this Law, the
competent bodies shall, within the framework of their competences
and powers or duties, have the power and the duty to handle and
process any application submitted for designation of a
development as a strategic development project and any permit
application submitted, in accordance with the procedure
established pursuant to the provisions of this Law.
(2) Notwithstanding the provisions of the Streets and Buildings
Regulation Law, the Local Government Organizations Law and of
any other Law regarding the granting of planning permits and
building permits, the competences and powers of the
administrative authorities which are responsible for the issuance of
other permits concerning the implementation of the strategic
development project shall be specified in accordance with the
relevant legislation in force for the time being.
PART II
COMPETENCES AND POWERS OF THE MINISTER
5.-(1) The Minister shall exercise the powers and competences
assigned to him pursuant to the provisions of this Law.
(2) Without prejudice to the generality of subsection (1), the
Minister shall have the following competences and powers in
respect of the licensing procedure of strategic development
projects:
(a) Submits to the Council of Ministers recommendations for the
11
purpose of specialising the criteria referred to in section 8,
which are regulated by Regulations made pursuant to the
provisions of section 25;
(b) makes
orders
and
circulars
and
submits
recommendations to the Council of Ministers for the
making of Regulations with a view to the better
implementation of this Law;
(c) suggests to the Council of Ministers, by a fully reasoned
suggestion, the approval or rejection of an application for
classification of a development as a strategic development
project, taking into account the report of the Head of the
Strategic Development Sector;
(d) approves, for each development separately, the Project
Manager and the catalogue for the issuance of a permit for
a strategic development project and obtains information on
the work performed by the administrative authorities
involved in the licensing procedure of the strategic
development project, so as to ensure compliance with the
provisions of this Law;
(e) suggests to the Council of Ministers, the granting of any
permit which is required within the framework of the
licensing procedure of a strategic development project or the
reasoned rejection of an application for the granting of such
permit;
(f) submits to the Council of Ministers, a report on any problems
encountered during the licensing procedure of a strategic
development project and proposes reforms on matters
concerning the relevant legislation in force for the time
12
being.
PART III
PROCEDURE FOR DESIGNATION OF A DEVELOPMENT AS A
STRATEGIC DEVELOPMENT PROJECT
CHAPTER I
SUBMISSION OF APPLICATION FOR DESIGNATION OF A
DEVELOPMENT AS A STRATEGIC DEVELOPMENT PROJECT
Submission of
application for
designation of a
development as a
strategic
development
project and
management fee.
6.-(1) The entity which intends to the inclusion of a development in
the licensing procedure of a strategic development project shall
submit an application for designation of a development as a
strategic development project, together with the payment of a
management fee, to the Head of the Strategic Development Sector,
in accordance with the provisions of this Law.
(2) The application mentioned in subsection (1) may be submitted
by the applicant or by their authorised representative, in the
prescribed form.
(3) The application form and the information included therein shall
be prescribed and published by the Ministry of Interior.
(4) Without prejudice to the provisions of subsection (3), the
application shall include at least the following data:
(a) A business plan including, among other things, a description of the
kind and nature of the development, with special
reference to the aspects concerning its particularities,
such as, among other things, the promotion of innovation, the
development of new technologies, social welfare and the
protection of the environment;
(b) a preliminary report in respect of the proprietary and
planning characteristics of the immovable property which
13
the
proposed development concerns including a
Masterplan, as well as, in respect of the proposed uses of
the development and the activities and services provided,
the number and description of the permanent and seasonal
job positions created and also an analysis of the cost and of
the time limit for implementing the development;
(c) an analysis of the structure and the financial sources for
the development from which it follows that the financing is
secured by at least fifty per cent (50%) either by own funds
or by banking commitments;
(d) any additional data from which it follows that the criteria
provided for in section 8 are met;
(e) a preliminary analysis of the cost and of the economic
viability of the development and/or a techno-economic
viability study, according to the size and cost of the
development;
(f) a solemn declaration, the form of which shall be prescribed
by the Ministry of Interior, which shall mention therein that:
(i)
(ii)
(iii)
all data included in the application are complete and
true;
the applicant is an eligible person, in accordance
with the provisions of subsection (1) of section 7;
consent is granted for the verification and check of
the data as well as for conducting due diligence by
the Strategic Development Sector:
14
Provided that, the Project Manager as well as the
Strategic Development Sector may verify the
content of the solemn declaration and request from
the interested person to submit supplementary
data, if such would be deemed necessary during
the study of the application;
(iv)
164(I) of 2020.
consensus is granted for the publishing of data in
respect of the development and of the progress of its
implementation, as well as of the relevant decisions
issued pursuant to this Law:
Provided that, the entity of the strategic development
project may indicate in the application any data which
are considered confidential and notification thereof shall
be allowed exclusively to a competent entity and only to
the extent that it is necessary for the issuance of a
permit for the strategic development project in
accordance with the provisions of this Law, as well as
data which fall within the definition of “trade secret”, as
such term is defined in section 2 of the Protection of
Confidential
Know-how and Business Information
(Trade Secrets) Against Unlawful Acquisition, Use and
Disclosure Thereof, Law.
(5) The management fee shall amount to at least ten thousand
euros (€10,000) and shall be increased incrementally, according to
the amount of the total budget and the kind of the development,
payable in two (2) installments, as follows:
(a) The first installment shall amount to ten thousand euros
(€10,000) and shall be paid with the submission of the
15
application for designation of the development as a strategic
development project;
(b) the second installment shall concern the remaining amount
and shall be paid with the submission of the first application
which is submitted within the framework of the licensing
procedure of the strategic development project.
(6) The management fee shall be paid to the Head of the Strategic
Development Sector and shall be specified in Regulations made in
accordance with the provisions of section 25.
Eligible persons.
20(I) of 2014
123(I) of 2016
133(I) of 2016
159(I) of 2017.
…………………………………………………………………………….
7.-(1) Eligible person for the submission of an application pursuant
to section 6 shall be any person, legal or natural, excluding
(a)
economic operators and General Government entities within
the meaning assigned to these terms by the Fiscal Responsibility
and Financial Framework Law;
(b) any entity who
(i)
is
under bankruptcy proceedings or has been
adjudicated bankrupt or is in the process of liquidation
or their affairs are being managed by the court or has
entered into an arrangement with creditors or has
suspended its business operations or is in any
respective situation arising from similar procedure,
which is provided for in accordance with the legislation
of another member state or of the third country in which
the entity of the development is a resident or in
accordance with the legislation of the Republic in force
16
for the time being;
(ii)
(iii)
(iv)
(v)
constitutes the subject of proceedings for declaration
of bankruptcy or for an order for compulsory liquidation
or management by the court or arrangement with
creditors or any other similar procedure, which is
provided for in accordance with the legislation of
another member state or of the third country in which
the entity of the development is a resident or in
accordance with the relevant legislation of the Republic
in force for the time being;
was sentenced, by a decision having the force of res
judicata for an offence concerning its professional
conduct;
does not fulfil their obligations, including the obligations
of their associated companies, in respect of the
payment of social insurance contributions in
accordance with the legislation of other member state
or of the third country in which the entity of the
development resides or in accordance with the
relevant legislation of the Republic in force for the time
being;
does not fulfil their obligations, including the obligations
of their associated companies, in respect of the
payment of taxes in accordance with the legislation of
another member state or of the third country which the
entity of the development resides or in accordance with
the relevant legislation of the Republic in force for the
time being.
17
(2) For the purposes of due diligence audit, following a proposal by
the Minister, the Council of Ministers may make Regulations in
accordance with the provisions of section 25.
CHAPTER II
EXAMINATION OF APPLICATION FOR
DESIGNATION OF A DEVELOPMENT AS A STRATEGIC
DEVELOPMENT PROJECT
Evaluation criteria
for assessing of
application for
designation of a
development as a
strategic
development
project.
8.-(1) The applicant, in order to have the development designated
as a strategic development project, shall be obliged to prove that it
concerns a productive economic activity, as well as that its
implementation substantially contributes to the viable development
of the economy, by fulfilling the following objective criteria:
(a) Investment of capital, with a minimum investment amount
which shall be prescribed in Regulations made pursuant to
the provisions of section 25; or
(b) creation of new permanent job positions, as prescribed in
Regulations made pursuant to the provisions of section 25;
or
(c) investment of capital and creation of new permanent job
positions, as prescribed in Regulations made pursuant to
the provisions of section 25; or
(d) investment of an anchor company.
………………………………………………………………………….
(2) The fulfilment of the objective criteria referred to in
subsection (1) shall be substantiated through a business plan.
…………………………………………………………………………..
18
(3) Notwithstanding the provisions of subsection (1), the
designation as strategic development projects shall exclude
developments prescribed in Regulations made pursuant to section
25 and concern, among other things, the following:
(a)
(b)
(c)
(d)
Establishment of
Strategic
Development
Sector.
9.
Pure real estate development;
pure financial activities;
morally controversial developments or prohibited by the
legislation in force for the time being;
developments which increase the environmental impact
and, to its greatest degree, such impact is not mitigated or
compensated.
The Minister shall ensure the establishment of the Strategic
Development Sector within the Department of Town Planning and
Housing and the director of the said department shall head such
sector, which shall
(a) act as the central organ which facilitates the issuance of
permits for developments falling within the framework of
application of this Law;
(b) be responsible for the preparation of standards and
methodologies for the management of developments and
for the provision of guidelines in respect of the procedures
which the Project Managers ought to follow;
(c) inform the Minister on the progress of any licensing
procedure of a strategic investment project, in accordance
19
with the provisions of this Law;
(d) supervise, assess and control the Project Managers as
regards any development assigned to them:
Provided that, the Head of the Strategic Development
Sector may propose different persons as Project Managers
for the examination phases of an application for designation
of a development as a strategic development project and for
the licensing of a strategic development project;
(e) propose, assess and maintain a catalogue of individuals
who declared an interest and whom he deems appropriate
to be appointed as Project Managers, in accordance with
selection criteria including, among other things, qualifications and
provisions for the avoidance of conflict of interest and which
shall be prescribed in Regulations made in accordance with
the provisions of section 25:
73(I) of 2016
205(I) of 2020
74(I) of2022.
Procedure for
designation of a
development as
a strategic
development
project.
Provided that, the catalogue may include staff of the
Department of Town Planning and Housing, staff of the
public and the wider public sector which is on secondment
to the Department of Town Planning and Housing and
persons who come from the private sector and are selected
after the carrying out of a public competition, in accordance
with the provisions of the Regulation of Public Procurement
Procedures and Related Matters Law.
10.-(1) The Minister shall study the report submitted before him by
the Head of the Strategic Development Sector, in accordance with
the provisions of paragraph (a) of subsection (2) of section 23,
which includes information on the appointment of the Project
Manager, and thereafter, he shall recommend to the Council of
20
Ministers, with a complete and adequate reasoning, the approval or
rejection of the application for designation of a development as a
strategic development project.
(2) The Minister shall recommend the approval of the application,
provided it is certified that the applicant constitutes an eligible
person in accordance with the provisions of section 7 and that their
application is consistent with the provisions of section 8.
(3) The recommendation of the Minister to the Council of Ministers
for the approval or rejection of an application for designation of a
development as a strategic development project shall be submitted
within a time limit of fifteen (15) working days from the date on
which the report provided in paragraph (a) of subsection (2) of
section 23 shall be delivered to the Minister by the Head of the
Strategic Development Sector.
(4) The development shall be designated as a strategic
development project or the application for designation of a
development as a strategic development project shall be rejected,
following a decision of the Council of Ministers.
Catalogue for the
issuance of a
permit for a
strategic
development
project.
11.-(1) The Strategic Development Sector shall inform the applicant
of the
decision taken and, in case where the development shall
be designated as a strategic development project, it shall prepare
a catalogue for the issuance of a permit for the strategic
development project.
(2) The catalogue provided for in subsection (1) shall
21
(a) specify the administrative authorities which are
competent for the licensing procedure of a strategic
development project and for consultation;
(b) set out specific time lines for the granting of the
required permits by the administrative authorities, for the
purpose of implementation and operation of the
development;
(c) set out specific time lines for the submission of additional
data by the applicant;
(d) include a full list of the required studies for the permit
application of a strategic development project;
(e) include an opinion as to the necessity for submitting an
application for the granting of a planning permit by way of
derogation of the provisions of a development plan in force,
in accordance with the provisions of subsection (2) of
section 26 of the Town and Country Planning Law.
(3) The time limit referred to in paragraph (b) of subsection (2)
may not exceed twelve (12) months in total:
Provided that the said time limit shall not include the time
periods during which the applicant is expected to submit additional
data or documents or amending plans which an administrative
authority would consider necessary for an application to be deemed
complete, within the prescribed time limits referred to in the
licensing catalogue:
Provided further that, the above time limit shall not include the
time periods required for the granting of permits by administrative
22
authorities which concern the operation of the development and for
which the completion of infrastructure projects is a prerequisite:
Provided even further that, the time limit provided for, shall
include the time period within which the procedure which may be
required for the purposes of leasing state land, is completed.
PART IV
LICENSING PROCEDURE OF A STRATEGIC
DEVELOPMENT PROJECT
CHAPTER I
General licensing
provisions.
SUBMISSION OF PERMIT APPLICATION AND TIME LIMITS
FOR EXAMINATION BY THE ADMINISTRATIVE AUTHORITIES
12.-(1) The applicant, upon receipt of the decision notifying him of
the approval of the application for designation of a development as
a strategic development project and in consultation with the Project
Manager, as deemed necessary, may proceed to the submission
of a permit application provided that he pays to the competent
administrative authorities the required fees and/or charges
provided for in the relevant legislation in force for the time being for
the issuance of a permit and additionally pays the remaining part of
the administration fee, in accordance with the provisions of
subsection (5) of section 6.
(2)(a) The file of the permit application shall be forwarded to the
Project Manager who shall check its completeness and shall inform
the applicant accordingly in case the submission of additional data
and/or documents is required.
(b) The Project Manager shall forward the application with all
required documents of the application, as the case maybe, to the
23
head of each competent administrative authority included in the
catalogue for the issuance of a permit for a strategic development
project, who shall be obliged to appoint a person from the service
he presides over as the competent person to issue the required
permits and/or opinions and/or for the consultation provided for by
the relevant legislation in and shall ensure that the staff of the said
service shall proceed without any further delay to the actions
required for this purpose, in accordance with their competences
provided therefor:
Provided that, the applicant, prior to the submission of the
permit application, may choose to consult with the administrative
authorities involved in the procedure for the purpose of granting the
required permits, which are included in the catalogue for the
issuance of a permit for a strategic development project:
Provided further that, in case where opinions are taken from the
administrative authorities which are included in the catalogue for
the issuance of a permit for the strategic development project
before the submission of the permit application, the licensing
authority, provided that the data taken into account by the said
authorities do not differ from the data included in the permit
application, shall not consult anew with them during the procedure
for the granting of permits, except of the procedure provided for in
Chapter III of Part IV.
(c) The administrative authorities shall be obliged to provide the
Project Manager with every necessary information, written or oral,
regarding the stage at which the relevant procedures are, any
deficiencies of the file and the manner of completion thereof, as
well as the reasons for delay or the inability to provide the permits
or approvals applied for.
24
Time-limits for
examination of
the licensing
application.
13.-(1) Immediately upon receipt of the permit application
submitted to the administrative authority by the Project Manager, it
shall proceed to a preliminary examination, within fifteen (15)
working days from receipt thereof, as to the inclusion therein of all
necessary documents, in accordance with the relevant legislation
in force for the time being.
(2)
If
the permit application referred to in subsection (1) is
complete, the administrative authority shall proceed to its
examination without further delay and shall be obliged to issue its
decision or formulate and notify its final views within the time limit
prescribed in the catalogue for the issuance of a permit for the
strategic development project.
(3) In case where the application is not complete, the
administrative authority may request the applicant, through the
Project Manager, to complete it himself, thereby submitting any
additional information or providing to it the required supplementary
clarifications, through the Project Manager.
4(a) The examination of all applications which are complete,
including the consultation procedure with other authorities, which is
prescribed on the basis of a Memorandum of Collaboration entered
into by the Minister, should be completed within the time limit
defined in the catalogue for the issuance of a permit for the strategic
development project.
(b) The time limit, in the case of an incomplete application, shall
be calculated from the date of submission of the required
supplementary information and additional clarifications by the
applicant and, in case a review of the proposal is necessary before
the taking of a final decision, from the date of submission of the
revised planning.
25
(5) In case where the procedure for the examination of a permit
application for the issue of a decision or for the formulation of final
views cannot be completed within the prescribed time limit, the
administrative authority shall be obliged to submit an application to
the Minister before the expiry of the time limit, through the Project
Manager, for a reasonable extension of time justifying specifically
the failure to comply with the said time limit.
(6) Unless the consent of the Minister shall be obtained for an
extension of the prescribed time limit for completion of the
examination of the application, the failure of any administrative
authority to comply with its obligation provided for in subsection (4)
shall be notified by the Project Manager to the Minister as well as
to the competent minister for further actions.
Obligations of
applicant.
14.-(1) Following the decision of the Council of Ministers for
approval of the application for designation of a development as a
strategic development project, the applicant shall deposit with the
Strategic Development Sector the complete data, as such shall be
required by the relevant legislation in force for the time being, for
approval and issuance of the required permits for the
implementation of the development to which the permit application
concerns, as provided by section12.
(2) The applicant shall ensure that the data submitted to the
services which are, by law, competent for issuance of a permit are
complete, accurate and true and shall be obliged to cooperate with
the Strategic Development Sector, the Ministry of Interior and the
administrative authorities, if requested to do so, in order for any
missing data to be completed.
26
(3) Any permit granted by the administrative authorities to the
applicant shall not be transferable, unless the consent of the
Council of Ministers is obtained in advance.
…………………………………………………………………………….
15.
Rescission of
strategic
development
project
designation.
By a reasoned decision of the Council of Ministers and
following a relevant recommendation of the Minister, the
designation of a development as a “strategic development project”
may be rescinded, in cases where
(a) upon expiry of the validity of the permits of the
development, no applications for renewal thereof were
submitted and the commencement of implementation of
the strategic development project did not materialise;
(b) it is ascertained that the applicant did not fulfil his
obligations in accordance with the provisions of section 14;
(c) during the procedure for examination of the applications for
the granting of the permits, it emerged that the strategic
development project could not be implemented; and/or
(d) it is ascertained that the applicant does not provide the
information required pursuant to the provisions of this Law
or makes false declarations during the provision of such
information.
CHAPTER II
GRANTING OF BUILDING PERMITS
27
Competency for
granting building
permits for a
strategic
development
project.
Procedure for the
granting of
planning permit
and time limits.
16.-(1) Notwithstanding the provisions of the Town and Country
Planning Law and of the Local Government Organizations Law, for
the purposes of this Law, the Head of the Strategic Development
Sector shall be appointed as the competent authority for the
granting of the planning permit.
(2) Notwithstanding the provisions of the Streets and Buildings
Regulation Law and of the Local Government Organizations Law,
competent authority for the purpose of implementation of the
Streets and Buildings Regulation Law, shall be the Head of the
Strategic Development Sector.
17.-(1) The application for the purposes of granting a planning
permit shall be received by the Head of the Strategic Development
Sector and shall be forwarded for handling to the Project Manager.
(2) The application shall be forwarded without further delay to
all competent administrative authorities, in accordance with the
catalogue provided for in paragraph (a) of subsection (2) of section
11.
(3) Each administrative authority, immediately after receiving
the application within the framework of consultation for the granting
of a planning permit, which is submitted to it by the Head of the
Strategic Development Sector, shall proceed to a preliminary
examination of the application within five (5) working days from its
receipt, as to whether it contains all the necessary documents in
accordance with the legislation in force for the time being.
(4) If the application for the granting of a planning permit is
complete, the administrative authority shall proceed to its
examination without further delay and shall be obliged to formulate
and notify its final views to the Head of the Strategic Development
Sector within fifteen (15) working days.
28
(5) In case where the aforementioned application is not
complete, the administrative authority, through the Head of the
Strategic Development Sector, may request the applicant to
complete it while submitting any additional information or providing
to it the necessary supplementary clarifications.
(6) (a) The applicant shall be obliged to submit the necessary
supplementary information and additional clarifications provided for
in subsection (5) to the administrative authority, through the Project
Manager.
(b) The administrative authority shall, upon confirming that the
application is considered complete, inform the Head of the
Strategic Development Sector, within fifteen (15) working days, of
its final views.
(7) The timeline provided for in subsections (4) and (6) shall not
apply as regards the procedure for the issue of an opinion by the
Environmental Authority, for which the provisions of sections 20
and 21 shall apply.
(8) On the basis of the catalogue for the issuance of a permit for
the strategic development project, the Head of the Strategic
Development Sector and the Director of the Department of
Environment shall specify the administrative authorities which
(a) shall be called to a consultation by the Head of the Strategic
Development Sector and the Director of the Department of
Environment in parallel;
(b) shall be called to a consultation only by the Head of the
Strategic Development Sector;
29
Part IV,
Chapter III.
(c) shall be called to a consultation only by the Director of the
Department of Environment, in accordance with the
procedure provided for in Chapter III of Part IV.
(9) The Head of the Strategic Development Sector shall request
the views of the administrative authorities provided for in
subsection (8), while clarifying that the administrative authorities
referred to in paragraph (c) of subsection (8) are obliged to submit
exclusively to the Director of the Department of Environment their
views regarding the environmental matters for the purposes of the
procedure provided for in Chapter III of Part IV, whereas any other
views shall be submitted exclusively to the Head of the Strategic
Development Sector, for the purposes of granting the planning
permit.
(10) The administrative authorities which are obliged to submit
views to the Strategic Development Sector in accordance with
subsection (8) shall be obliged to follow the procedure provided for
in subsections (3) to (6).
(11) (a) Upon submission to the planning authority of the views of
all the administrative authorities within the framework of the
procedure provided for in subsections (1) to (6), the duly authorised
representatives of the administrative authorities, including the
appropriate local authority as well as the Project Manager, shall
participate in a meeting which may be convened by the licensing
authority in order to discuss with the applicant the requirements for
the granting of a planning permit.
(b) The meeting shall be called within ten (10) working days, the
latest, following completion of the procedures provided for in
subsections (1) to (6).
30
(12) Upon adoption by the applicant, in the planning of the study,
of the requirements laid down within the framework of the
discussion referred to in subsection (11) and which the Head of the
Strategic Development Sector intends to include in the conditions
of the planning permit or to require that they are implemented prior
to the granting of same, the applicant shall submit a revised
proposal.
(13) Upon completion of the meeting referred to in subsection (11)
and the ratification of its minutes which shall be approved within ten
(10) working days, no additional views may be submitted nor any
additional requirements be imposed within the framework of
evaluation of the planning permit by the administrative authorities
unless such arise from the revised planning or from additional data
submitted by the applicant in respect of the planning permit.
(14) In any case, provided any required supplementary data shall
be submitted by the applicant in accordance with the provisions of
subsection (6) as well as of subsections (12) and (13),where
applicable, the administrative authorities shall inform the planning
authority, within fifteen (15) working days, of their final views, in
accordance with the procedure provided for in subsections (1) to
(6) as well as in subsections (11) to (13), where applicable,
whereas the views shall be notified to the appropriate local
authority.
(15) After the expiry of the time limit of fifteen (15) working days
provided for in subsection (4) for the submission of final views,
unless the Head of the Strategic Development Sector consents to
an extension thereof, it shall be presumed that the said
administrative authority agrees with the granting of a planning
permit without laying down any other conditions.
31
(16)
In case where, within the time limit provided for in
subsections (4) and (6) a local authority, having a development
planned within its administrative boundaries, shall lay down
conditions for the granting of a planning permit which are consistent
with a general decision or policy of the said local authority taken or
adopted at least six (6) months before the receipt of the application
for designation of a development as a strategic development
project, the said conditions shall be a mandatory part of the final
conditions of the planning permit.
(17) The taking of a decision or the adoption of a policy by the
local authority referred to in subsection (16) shall be confirmed by
official minutes of the meeting of the appropriate competent entity.
(18) Upon completion of the procedure provided for in Chapter III
of Part IV, where required, and provided the positive opinion of the
Environmental Authority is given, the Head of the Strategic
Development Sector
(a) shall decide, the latest within fifteen (15) business days from
completion of the procedure provided for in subsection (14) or
the latest within fifteen (15) working days from completion of
the procedure of Chapter III of Part IV, on the granting of a
planning permit, on conditions or not, or on the rejection of the
application for the granting of a planning permit;
(b) if it is required to submit an application for the granting of
a planning permit by way of derogation from the provisions
of a development plan in force, in accordance with
subsection (2) of section 26 of the Town and Country
Planning Law, shall send without any further delay, a
substantiated report to the Council for the Study of
32
Deviations, as provided for in paragraph (8) of Regulation 13
of the Town and Country Planning (Deviations) Regulations.
(19) In case of submission of an application for the granting of a
planning permit by way of derogation of the provisions of the
development plan in force, in accordance with Regulation 13 of the
Town and Country Planning (Deviations) Regulations, the study of
the application by the Council for the Study of Derogations and the
submission of a report to the Council of Ministers shall be
completed within a time limit of three (3) months from the date of
dispatch of the substantiated report provided for in paragraph (b) of
subsection (18) to the Council for the Study of Derogations, as
provided for in paragraph (8) of Regulation 13 of the Town and
Country Planning (Deviations) Regulations:
Provided that, in case where it is required to conduct a public
hearing in accordance with Regulation 16 of the Town and Country
Planning (Deviations) Regulations, the submission of a report to the
Council of Ministers shall be completed within a time limit of fourth
(4) months:
Provided further that, the time for the study of the planning
application by way of derogation shall be extended in conjunction
with the time for the taking of a decision by the Council of Ministers.
Procedure for
granting a
building permit
and time limits.
18.-(1)(a) Upon submission of an application by the applicant to
the Head of the Strategic Development Sector, for the purpose of
granting a building permit, such application shall be forwarded to
the competent officer for handling.
(b) The Head of the Strategic Development Sector, if deemed
necessary, shall request within five (5) working days the latest, the
33
submission of a revised proposal due to the non-adoption of
conditions laid down in the planning permit.
(2)
On the basis of the catalogue for the issuance of a permit
for the strategic development project, the Head of the Strategic
Development Sector shall request updated information from the
administrative authorities within five (5) working days, as to whether
any supplementary information and/or additional clarifications from
the applicant and/or a revised application are required from the
applicant, so that such would be considered complete to the extent
that it contains all the necessary documents in accordance with the
legislation in force for the time being.
(3) Upon the applicant submitting the necessary supplementary
information and additional clarifications, as provided for in
subsection (2), and the application being considered complete, the
duly authorised representatives of the administrative authorities
and the Project Manager shall participate in a meeting which may
be convened by the Head of the Strategic Development Sector for
discussion in respect of the granting of a building permit.
(4) Provided the applicant adopts, in the design of their study,
the requirements laid down within the framework of the discussion
during the meeting referred to in subsection (3) and which the Head
of the Strategic Development Sector intends to include in the
conditions of the building permit or demand that they be
implemented prior to the granting of same, the applicant shall
submit a revised proposal and the Head of the Strategic
Development Sector may convene a second meeting, with the
participation of duly appointed authorised representatives of the
administrative authorities for discussion of the final requirements, if
existing, for the granting of the building permit.
34
(5) Upon completion of the meeting referred to in subsection (4)
and the confirmation of the minutes which shall be approved within
ten (10) working days, no additional views may be submitted nor
any additional requirements may be imposed within the framework
of evaluation of the building permit by the administrative authorities,
unless such arise from the revised design or from additional data
submitted by the applicant in respect of the building application.
(6) In any case, the administrative authorities shall inform the
Head of the Strategic Development Sector, within fifteen (15)
working days, of their final views:
Provided that, in case where a meeting shall be convened by
the Head of the Strategic Development Sector in accordance with
subsection (3), the period of fifteen (15) working days shall
commence from the completion of the procedures provided for in
subsections (4) and (5).
(7) Upon expiry of the time limit of fifteen (15) working days
provided for in subsection (6) for the submission of final views,
unless the Head of the Strategic Development Sector shall consent
to its extension, it shall be presumed that the said administrative
authority agrees with the granting of the building permit without
laying down any conditions.
(8) In case where, within the time limit provided for in subsection
(6), a local authority, having a development planned within its
administrative boundaries, shall lay down conditions for the
granting of the building permit which shall be consistent with a
general decision or policy of the said administrative authority taken
or adopted at least six (6) months prior to the receipt of the
application for designation of a development as a strategic
35
development project, then the said conditions shall be a mandatory
part of the final conditions of the building permit.
(9) The taking of a decision or the adoption of a policy by the local
authority, as provided for in subsection (8), shall be confirmed by
the official minutes of the meeting of the relevant competent entity.
(10) Upon completion of the procedure provided for in this
section, the Head of the Strategic Development Sector shall issue
a building permit or shall reject the application, within the time limit
included in the catalogue of issuance of a permit for the strategic
development project, following completion of the procedures
provided in subsections (4) and (6).
Administrative
review.
19.–(1) Notwithstanding the provisions of the Town and Country
Planning Law and of the Streets and Buildings Regulation Law, in
case the permit application of a strategic development project is
rejected or when a permit with conditions has been granted, the
applicant, if they deem that their legitimate interests are
compromised by the rejection or granting of the permit with
conditions, in accordance with the provisions of sections 16 to 18,
may file an administrative review against the decision of the Head
of the Strategic Development Sector, to the Council of Ministers,
within twenty-one (21) working days:
Provided that, in case where the applicant deems that their
legitimate interests are prejudiced by the decision rejecting the
granting of a permit due to a negative opinion of the Environmental
Authority or by the granting of a permit with conditions which
derived from inclusion of material conditions in the opinion of the
Environmental Authority, in accordance with the provisions of
subsections (10) and (12) of section 21, there shall apply section
36
48 of the Environmental Impact Assessment from Certain Plans
and Programmes Law.
(2) If an administrative review shall be exercised in accordance
with the provisions of subsection (1), the Council of Ministers may
(a) confirm the contested decision;
(b) cancel the contested decision;
(c) cancel or amend any part of the contested decision; or
(d) deal with the application as if such had initially been
submitted to the Council of Ministers.
(3) The Council of Ministers shall examine each administrative
review exercised pursuant to subsection (1) and shall provide a
right of hearing to the affected party or shall give him the
opportunity to support further the reasons on which the
administrative review is based, by doing so in writing.
(4) The Council of Ministers shall decide on each administrative
review and shall document its decision, which shall be issued within
ninety (90) working days from the date of exercise of the
administrative review and be notified to the applicant and to the
Head of the Strategic Development Sector.
(5) The decision of the Head of the Strategic Development Sector,
for rejection of the permit application of a strategic development
project or for the granting of a permit with conditions, shall not
become enforceable before the expiry of the time limit provided for
in subsection (1) for the exercise of an administrative review and,
in case of exercise of an administrative review, before the issue of
37
the decision of the Council of Ministers, which shall be issued in
accordance with the time limit provided for in subsection (4).
CHAPTER III
ENVIRONMENTAL IMPACT ASSESSMENT
Environmental
studies.
153(I) of 2003
131(I) of 2006
113(I) of 2012
67(I) of 2015.
Official
Gazette,
Third
Supplement(I):
8.4.2022.
20.-(1) The Head of the Strategic Development Sector, within the
framework of examination of the application for the granting of a
planning permit, shall request the applicant to conduct and deposit
an Environmental Impact Assessment Study, in accordance with
the provisions of the Environmental Impact Assessment from
Certain Plans and Programmes Law as well as a Specific
Ecological Assessment Study, if the proposed development
concerns a project which may affect an area of the Natura 2000
Network, in accordance with the provisions of the Nature and
Wildlife Protection and Management Law:
Provided that the applicant shall pay to the Environmental
Authority the fees provided for in the Environmental Impact
Assessment from Certain Plans and Programmes (Fees and
Charges) Order.
(2) The content of the studies provided for in subsection (1) shall
be prescribed in writing by directives of the Environmental Authority
as to their scope and content and for this purpose the Strategic
Development Sector, within the framework of preparation of the
catalogue for the issuance of a permit for the strategic development
project, in accordance with subsection (1) of section 11, shall
submit to the Environmental Authority an application accompanied
by the following:
38
(a) Spatial plan indicating the immovable property in which the
development shall be performed;
(b) summary description of the nature, type, extent and volume
of the strategic development project;
(c) the possible impact on the environment;
(d) any other relevant information which the applicant may
deem appropriate or necessary.
(3) The Environmental Authority shall examine the application
and shall provide the relevant directives as to the scope and detail
of the information required to be included in the studies, within
fifteen (15) working days from receipt of the application:
Provided that the Environmental Authority, following receipt of
the application provided for in the provisions of subsection (2), may
consult with the Strategic Development Sector and request any
additional information in respect of the development or in respect
of any impact which its performance and operation may cause to
the environment.
(4) The content of the studies provided for in subsection (1), which
is submitted by the applicant, must be consistent with the
provisions of the Environmental Impact Assessment from
Certain Plans and Programmes Law and, in particular, with the
provision
on public consultation and public presentation on behalf of the
applicant,
as well as with the provisions of the Nature and Wildlife Protection
and Management Law.
39
Procedure for
examination of
studies.
21.-(1) Irrespectively of any procedures provided for in the
Environmental Impact Assessment from Certain Plans and
Programmes Law, the Department of Environment shall examine,
without delay, whether the information contained in the
Environmental Impact Assessment Study and the Specific
Ecological Assessment Study is sufficient and, if it deems that such
is not sufficient, it may, within ten (10) working days, through the
Director of the Department of Environment, request the applicant,
with notification to the Project Manager, to deposit within a
reasonable period of time, any additional information in respect of
the strategic development project or the impact which it may cause
to the environment.
(2) The applicant shall be obliged, simultaneously with the
submission of the studies provided for in subsection (1) of section
20, to proceed to a publication of notification of the application in at
least two (2) daily newspapers circulated within the Republic.
(3) All the information deposited by the applicant within the
framework of the Environmental Impact Assessment Study shall be
posted on the website of the Department of Environment and shall
be available in the archives of the Department of Environment and
the latest within twenty (20) working days from the above
publication any person may submit to the Director of the
Department of Environment any views or representations on its
content or in respect of the impact which the performance or
operation of the project may cause to the environment and the said
views or representations shall be taken into account for the
evaluation of the Environmental Impact Assessment Study, as well
as for the issuance of the relevant opinion.
(4) Where the Director of the Department of Environment shall
ascertain that the information laid down before him is sufficient, he
40
shall proceed, without further delay, to an evaluation of the
Environmental Impact Assessment Study and of the Specific
Ecological Assessment Study:
Provided that, in case the Environmental Impact Assessment
Study, which is prepared and evaluated in accordance with the
provisions of the Nature and Wildlife Protection and Management
Law, indicates irreversible impact on the Natura 2000 protected
areas network, the project shall be rejected.
(5) According to the type of the project, the characteristics of the
environment in which the project is located and the expected
impact on it, the Director of the Department of Environment shall
request, as the case may be, the following:
(a) The expert knowledge of the competent services and, in
particular, of the Department of Labour Inspection, the
Forestry Department, the Water Development Department,
the Department of Geological Survey, the Department of
Fisheries and Marine Research and the Game and Wildlife
Service;
(b) the views of the local authorities, organised groups, non
governmental organizations and/or qualified individuals.
(6) The Director of the Department of Environment may request
an update from the competent authorities provided for in subsection
(5), within five (5) working days from dispatch of the views, for any
required additional information.
(7) The expert knowledge and views may be requested
electronically, through a letter, or within the framework of a meeting
and shall be deposited to the Department of Environment within
41
fifteen (15) working days from the date the said expert knowledge
or views are requested.
(8) As regards the submission of views in accordance with the
provisions of paragraphs (a) and (b) of subsection (5) the time limit
provided for in subsection (7) is required to be observed, unless the
Director of the Department of Environment shall expressly consent
to a fully reasoned request for extension on behalf of the competent
authority at any time.
(9)(a) The Director of the Department of Environment, after
having taken into account the recommendations of the expert
services and any views and/or representations, subject to the
provisions of subsection (8), shall proceed to an evaluation and
shall prepare a relevant and fully reasoned opinion which he shall
forward to the Head of the Strategic Development Sector within one
(1) month from the date of completion of the procedure provided for
in subsections (5) to (7).
(b) If the project affects an area of the Natura 2000 Network, the
opinion shall be prepared within two (2) months from the date of
completion of the procedure provided for in subsections (5) to (7):
(c) The Head of the Strategic Development Sector may consent
to an extension of the time limits provided for in this subsection,
following submission of a reasoned request by the Director of the
Department of Environment and shall notify the said extension to
the Minister.
(10) With the above-mentioned opinion, the Director of the
Department of Environment may suggest that the strategic
development project
42
(a) be not performed, due to the significant impact on the
environment which is impossible to be reduced or eliminated
by the taking of management measures through the
imposition of conditions; or
(b) be performed, on specific conditions and measures,
the observance of which shall ensure the elimination
or reduction of the impact which the performance or
operation of the project could cause to the environment:
Provided that, the Director of the Department of
Environment may specify in its opinion the material conditions
which the Town and Planning Authority may lay down to be
implemented by the applicant.
(11) The opinion of the Department of Environment shall be posted
on its website and shall be available in the archives of the above
department.
(12) Upon receipt of the opinion of the Department of Environment,
the Head of the Strategic Development Sector
(a) if the opinion of the Environmental Authority is positive, may
proceed to the granting of a planning permit, as provided for
in section17, by incorporating therein the conditions and
measures which shall necessarily include the material
conditions of the opinion and, for the purposes of ensuring
the correct implementation of the said conditions, the
provisions of section 43 of the Environmental Impact
Assessment from Certain Plans and Programmes Law shall
apply in respect of the execution of an audit by an external
environmental auditor;
(b) subject to the provisions of subsection (14), if the opinion
43
of the Environmental Authority is negative, the provisions of
the Environmental Impact Assessment from Certain Plans
and Programmes Law shall apply.
(13) Upon completion of the procedure provided for in this section,
the Head of the Strategic Development Sector shall proceed to take
a decision in accordance with subsection (18) of section17.
(14) If the opinion of the Environmental Authority shall concern a
project which indicated a negative impact on the area of the Natura
2000 Network and is negative, the procedure provided for in
subsections (12) and (13) shall not apply and the Head of the
Strategic Development Sector, through the Project Manager, shall
notify the applicant that a permit cannot be issued and the latter, if
they so wish, may modify the project, so that the negative and
irreversible impact on the area of Natura 2000 Network is
eliminated.
CHAPTER IV
ISSUANCE OF RESIDENCE PERMITS TO FOREIGNERS FOR
THE IMPLEMENTATION OF A STRATEGIC DEVELOPMENT
PROJECT
Issuance of
residence permits
for staff from third
countries.
22.-(1) For the cases of developments which are designated as
strategic development projects, following a decision of the Council
of Ministers in accordance with the provisions of section 10,
residence permits of citizens of third countries may be granted in
accordance with the strategy prescribed by the Council of
Ministers, following a relevant proposal of the Minister.
44
(2) The proposal referred to in subsection (1) shall include, inter
alia, details of the number of staff from third countries for which the
issuance of residence permits per applicant is allowed, as well as
the categories of posts.
PART V
DUTIES AND COMPETENCES OF THE PROJECT MANAGER
Duties and
competences of
the Project
Manager.
23.-(1) The Project Manager shall be nominated by the Head of
the Strategic Development Sector, from a register kept by the said
sector and shall be approved by the Minister, to perform the duties
and to exercise the competences prescribed in subsection (2).
(2) The duties and the competences of the Project Manager are
the following:
(a) Study of the application for designation of a development as
a strategic development project and preparation of a report
which shall be submitted to the Minister, within a period not
exceeding ten (10) working days after receipt of the
completed file of the application, through the Head of the
Strategic Development Sector:
Provided that, the Project Manager, within a time limit of
five (5) working days from the date of submission of the
application, shall inform the applicant of the strategic
development project of whether the submission of additional
data, information and clarifications is required, which he
considers necessary for the due examination and correct
evaluation of the submitted application:
45
Provided further that, the purpose of evaluation is to
ascertain whether the applicant constitutes an eligible person
pursuant to the provisions of section 7 and the proposed
development meets the criteria for evaluation and approval of
an application for designation of a development as a strategic
development project, in accordance with the provisions of
section 8;
(b) communication with the applicant for any information,
guidance and support in relation to the promotion of the
licensing procedure of the strategic development project;
(c) preparation of the catalogue for the issuance of a permit for
the strategic development project;
(d) provision to the applicant, to the extent necessary, of any
necessary assistance and guidance for the purpose of the due
preparation and correct submission of the permit application;
(e) examination as to whether the permit application may be
examined in parallel by more than one administrative authority
and, if it is ascertained that there are no legal or other practical
administrative impediments which would render impossible its
parallel examination, coordination for the purpose of
completion of the parallel procedures;
(f)
application of an efficient follow-up system of the examination
progress of a permit application and coordination of the
administrative authorities involved;
(g) preparation of an evaluation report of the licensing procedure
and provision of feedback to the Head of the Strategic
Development Sector after the end of the procedure.
46
Management
arrangements.
24.-(1) The Strategic Development Sector shall enter into
memoranda of cooperation with the administrative authorities
involved in the licensing procedure, which, if approved by the
Minister, shall be submitted for approval to the Council of Ministers;
these memoranda shall describe the consultation and licensing
procedures and shall include a list of officers whom the head of
each administrative authority shall consider appropriate to be
involved during the licensing procedure, so that
(a) one of the appropriate and available officers be selected for
the examination of the applications, in consultation with the
head of each administrative authority;
(b) the manner of cooperation be specified, in order to ensure
that it can be carried out uninterrupted outside the working
hours, without affecting the work of the officer during the
working hours;
(c) the system for the follow up and observance of time
lines be implemented, by securing the resources necessary
for this purpose.
(2) For each application submitted in accordance with section
12, upon payment of the amount provided for, the Head of the
Strategic Development Sector shall be responsible for the
management of an equivalent fund for the following purposes:
(a) Payment of the cost for the services of the Project
Manager, in case where he comes from the private
sector and has been selected following a relevant public
competition, as well as for the consultancy services
which may be deemed necessary for the evaluation of
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the application for designation of a development as a
strategic development project and during the licensing
procedure of the development;
(b) granting of the required resources which arise in
accordance with subsection (1), including any overtime
compensation;
(c) payment of any hospitality and travelling expenses which
relate to the licensing procedure and completion of the
development;
(d) payment of other costs which may be deemed necessary
in relation to the development:
Provided that, the Minister may at any time request
a detailed statement of the fund and prescribe further
measures or restrict its use:
Provided further that, the Minister may approve,
following a request of the Head of the Strategic
Development Sector, additional credits to the specific
fund.
(3) The procedures for the management of the fund, as well as
the audit mechanism applied, shall be prescribed by the Head of
the Strategic Development Sector, in cooperation with the Treasury
and the Audit Office of the Republic of Cyprus, respectively.
(4) A separate fund shall be kept for each development, which
shall be cancelled after the end of the purpose for which it was
created.
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PART VI
FINAL PROVISIONS
Regulations.
Obligation of
confidentiality in
respect of trade
secrets and
confidential
information.
25.-(1) The Council of Ministers may make Regulations for
prescribing or regulating any matter which is required or may be
prescribed and in general for the better implementation of this Law.
(2) Without prejudice to the generality of subsection (1), these
Regulations may regulate the following:
(a) The implementation procedures of this Law;
(b) the due diligence audit, in accordance with subsection (2)
of section 7;
(c) the determination of criteria for classification of
a development as a strategic development project, in
accordance with the provisions of section 8;
(d) the determination of criteria for the selection of
Project Managers;
(e) the administration fee imposed.
26.-(1) The competent bodies and other public officers
receiving knowledge, due to their post or during the exercise of their
official duties, of trade secrets and confidential information shall
have the obligation to observe confidentiality and are obliged not to
communicate and publish them, save to the extent imposed for
implementing the provisions of this Law.
(2)
Subsection (1) shall apply also to any natural or legal
person receiving knowledge of such information by virtue of the
49
provisions of this Law according to the procedures provided for in
this Law.
(3)
Without prejudice to the provisions of subsection (4), a
breach of the obligation, under this section, to observe
confidentiality shall constitute, as far as a public officer is
concerned, a disciplinary offence and the provisions of sections 73
to 86 of the Public Service Law shall apply to such person.
(4)
Any person who breaches the obligation to observe
confidentiality, as provided for in this section, shall be guilty of an
offence and on conviction shall be liable to imprisonment not
exceeding one (1) year or to a fine not exceeding three thousand
five hundred euro (€3500) and/or to both such penalties.
Application of the
provisions of this
Law.
Communication
by electronic
means.
Entry into force.
27. Unless otherwise therein provided, the provisions of this Law
shall apply notwithstanding the provisions of any other special or
general law of the Republic in force for the time being.
28. Subject to the provisions of the General Principles of
Administrative Law, the licensing procedure of strategic
development projects may be carried out by electronic means,
including the submission of applications, the exchange of electronic
messages, teleconference or other audiovisual means.
29. This Law shall come into force on a date to be prescribed by
the Council of Ministers upon notification thereof to be published in
the Official Gazette of the Republic.1
1 By an Order of the Council of Ministers, published in the Official Gazette of the Republic,
[P.I.377/2023,Suppl.III(I),No377, dated 29.11.2023], Law84(I)/2023 came into force on the 1st
December, 2023.
5
