Assistant Professional Officer – Compliance & Enforcement

The duties and responsibilities of the position are:-

• Delivering effective results for the Compliance & Enforcement Directorate in the assigned areas of responsibilities, in: securing compliance with laws, regulations, permits and licenses; creating sufficient  deterrence and promulgating adequate awareness about the need for such compliance; taking sufficient necessary remedial measures such that any irregularities or illegalities are removed and not enjoyed, even such that public awareness about the inadvisability of embarking on unpermitted development and operations is created; and in assisting to meet the public’s expectations regarding PA’s responsibilities to eliminate illegal and/or unpermitted development/activities/operations.
• Exercising such delegated powers as are embodied in planning, environmental and other related legislation as to ensure compliance with, and effectively enforce the legal obligations and decisions of the Planning Authority. Taking delegated responsibility for enforcement cases, substituting for more senior Compliance & Enforcement Directorate staff as required, and delegating own authority, as so authorized, to subordinate staff.
• Carrying out detection and monitoring operations, ensuring that illegal development and activities are prevented, halted and/or removed where not sanctioned, and that negtive impacts are removed or neutralized.  Issuing and serving of enforcement/stop orders and notices and the imposition of fines as appropriate.  Providing reports with recommendations on cases of potential dismissal of applications.  Contributing to the taking of legal action and of any other compliance/enforcement-related actions covering concerns related to the Development Planning Act and subsidiary legislation, legal notices and regulations.  Taking such action as may be necessary to assist in the recovery of payments due in the case of non-payment of fees, levies, charges or fines related to enforcement action and/or monitoring.
• Assisting the Compliance & Enforcement Directorate management in the management of any subordinate staff/sub-section, striving to achieve maximum collective effectiveness, whilst attaining high quality standards in own and subordinates’ output. Co-ordinating and collecting data for the activities of own and of different sub-Sections, even via subordinate staff, and motivating officers to achieve the objectives and targets.
• Monitoring ongoing development, operations and activities so as to ensure that these comply with the provisions of the law, and/or with granted permissions and licenses. Effectively coordinating subordinate officers to same effect. Liaising with other officers of the Compliance & Enforcement, and other Directorates or of external agencies, as necessary, so as to attain these goals. Administering and analyzing monitoring reports from external agencies or from PA bodies, and carrying out of monitoring tasks as assigned by the Directorate management. Verifying validity of claims for payments made by external agencies for monitoring exercises, and recommending authorization for payment thereof. Supervising the processing of requests and the auditing of declarations for compliance certification with permits and licenses, and the issuing of such certification.
• Implementing mechanisms, and assisting in the development of same, for monitoring the effectiveness and results in the assigned breadth of responsibilities and taking the necessary action to improve this effectiveness in agreement with more senior staff. Reviewing and assisting in developing policies, procedures and practices relating to compliance, enforcement and related subjects, monitoring and providing statistical information, and recommending operational improvements to the Compliance & Enforcement Directorate management. Helping ensure that any quantitative and qualitative targets are attained.
• Providing recommendations to the Director and line management on compliance and enforcement issues, on technical, policy, procedural and other issues related to planning, sustainability and/or environmental protection and management, and on particular cases.  Proposing and implementing suitable compliance strategies. Proposing and prioritizing enforcement and other action. Resolving cases that fall within the assigned responsibilities. Representing the Directorate at legal hearings. Mediation with all involved parties on the recommended remedial action.
• Compiling, co-ordinating or guiding (as the case may be) the preparation of reports, photographs and site histories for the Compliance & Enforcement Director and line management, and liaising as necessary with officers from the other  Directorates to this effect.
• Assisting the Compliance & Enforcement Directorate management in developing and maintaining relationships with Ministries, Government Departments, and other external agencies, through discussions and meetings.
• Giving advice to, and conducting discussions/negotiations with those potentially in breach of planning and/or environmental controls and their consultants, on appropriate measures to regularize positions. Advising, from a compliance and enforcement point of view, on major/significant/environmentally-sensitive proposals.
• Where so directed by the Director of Compliance & Enforcement, participating in the commissioning and taking of direct action exercises to remove illegal development and activities, where necessary with the assistance of the police. Supervising works and subordinate officers during such exercises, and ensuring that detailed records are kept.  Verifying validity of claims for payments made by contractors and police during direct action exercises, and recommending authorization for payments thereof.  To help secure proper regard for public safety in all necessary demolition and other actions.
• Helping provide leadership within the Authority on compliance and enforcement issues within the assigned areas of responsibility. Liaising as required with Directorate management, officers from other PA Directorates, Local Councils, Government Organizations, non-governmental organizations, Environmental groups, Police, Law Courts, etc. Assisting more senior staff in coordinating the efforts of officers from other Directorates with regard to compliance and enforcement concerns/interfaces.
• Drafting answers for more senior staff to relevant parliamentary questions and preparing reports for submission to Ministries.
• Providing recommendations to the Compliance & Enforcement Directorate management of enforcement actions which could be given publicity.  Liaising with PRO to ensure wide publicity of compliance achievement and requirements, and of enforcement action.  Participating and representing the Compliance & Enforcement Directorate, as directed, in media programmes so as to promote awareness of the compliance and enforcement processes relating to both developmental and environmental concerns, and of related penalties, fines and other deterrents.  If so directed, to implement media and public awareness-raising activities and campaigns on compliance and enforcement issues, or to do so in conjunction with the PR office where so appropriate, through suitable media mix.
• Representing the Directorate at meetings of the Planning Commissions, PA Board, Environment and Planning Review Tribunal, other Boards and Committees, at Court of Justice and Tribunals, and any legal hearings where necessary.  Representing the Directorate in meetings, fora or activities abroad.
• Carrying out various tasks and exercises that may be assigned within the overall flexibility required by the position.

By the closing date of this advert, applicants must be:

• citizens of Malta; or
• citizens of other Member States of the European Union who are entitled to equal treatment to Maltese citizens in matters of employment by virtue of EU legislation and treaty provisions dealing with the free movement of workers; or
• citizens of any other country who are entitled to equal treatment to Maltese citizens in matters related to employment by virtue of the application to that country of EU legislation and treaty provisions dealing with the free movement of workers; or
• any other persons who are entitled to equal treatment to Maltese citizens in matters related to employment in terms of the law or the above-mentioned EU legislation and treaty provisions, on account of their family relationship with persons mentioned in paragraph (a), (b) or (c); or
• third country nationals who have been granted long-term resident status in Malta under regulation 4 of the “Status of Long-Term Residents (Third Country Nationals) Regulations, 2006” or who have been granted a residence permit under regulation 18(3) thereof, together with family members of such third country nationals who have been granted a residence permit under the “Family Reunification Regulations, 2007”; or
• in possession of a residence document issued in terms of the “Residence Status of United Kingdom Nationals and their Family Members in Malta in accordance with the Agreement on the Withdrawal of the United Kingdom and Northern Ireland from the European Union and the European Atomic Energy Community Regulations”.

The advice of the Citizenship Unit within Community Malta Agency and the Expatriates Unit within Identita` should be sought as necessary in the interpretation of the above provisions.

The appointment of candidates referred to at (b), (c), (d) and (e) above would necessitate the issue of an employment licence in so far as this is required by the Immigration Act and subsidiary legislation. Jobsplus should be consulted as necessary on this issue.

AND

By the closing date of this vacancy, applicants must be in possession of:

• An MQF Level 6 degree or other equivalent qualification in Urban Planning/Design, or Architecture, or Built Heritage; or Environmental Sciences or Geography; or Law or Criminology; or any other relevant subject.
• Applicants who have not yet formally obtained any of the qualifications required will be considered, subject to the submission of evidence that they have been approved for the award of the qualification in question.

AND 

• Interpersonal, Work/Time Management Skills.

AND

• Ability to withstand pressure and act with tact and firmness in challenging situations; Knowledge of development matters, enforcement legislation, and procedures; and
• Fluency in both written and spoken Maltese and English.